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Agenda 01-10-12BOYNTONBICRA CRA Board Meeting Tuesday, January 10, 2012 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order — Subject to Board consent selection of the most senior CRA Board member as the acting CRA Chair for the January 10, 2012 meeting. 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. Ocean Avenue Concert - January 20, 2012 B. Downtown Open Market — January 22, 2012 VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting December 13, 2011 B. Approval of Period Ended December 31, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Rent Subsidy Grant to Discovery Business Services, Inc. E. Consideration of Approval of Commercial Fagade Grant to Cuthill's Backyard, LLC VIII. Pulled Consent Agenda Items: 9 1 .Z LJ� IX. Information Only: A. Public Comment Log - NONE BOYNTON =BEACH,CRA CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business I I New Business ( j Legal I I Executive Director's Report SUBJECT: Ocean Avenue Concerts, Friday, January 20, 2012. SUMMARY: • On Friday, January 20, 2012, the Boynton Beach CRA presents the Ocean avenue Concert Series with SOLSTICE REIGN performing classic rock. • This FREE event will take place at the Ocean Avenue Amphitheatre from 6:00 to 9:00PM. • Food and Drinks provided by the latest food craze: Gourmet Food Trucks. • Bring your folding chairs or blankets. • Ample FREE parking onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 01-51230-225 CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS/OPTIONS : Kathy Biscui i Special Events Director G TRA Board\Ocean Avenue Concerts January 2012 doc BOYNTON BEACH CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business I I New Business I Legal I I Executive Director's Report SUBJECT: Downtown Open Market —Sunday, January 22, 2012. SUMMARY: On Sunday, January 22, 2012, 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 40+ vendors with items such as: handmade indie crafts, vintage goods, art and specialty pet items. • The Cricklewood 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: Kathy Biscu' i Special Events Director G \CRA Board\Downtown Open Market January 2012 doc . . . . . . . . . . . . i t ) BOYNTONIC W~ �OEACH RA CRA Board Meeting Tuesday, January 10, 2012 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order — Subject to Board consent selection of the most senior CRA Board member as the acting CRA Chair for the January 10, 2012 meeting. 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. Ocean Avenue Concert - January 20, 2012. B. Downtown Open Market — January 22, 2012 VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting December 13, 2011 B. Approval of Period Ended December 31, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Rent Subsidy Grant to Discovery Business Services, Inc. E. Consideration of Approval of Commercial Fagade Grant to Cuthill's Backyard, LLC VIII. Pulled Consent Agenda Items: 9 I .Z IX. Information Only: A. Public Comment Log - NONE Wldti f V Public Comments i I,olIIIliellt" a1C IIIII ilco 3(t � I]II'IttlICS III tILIWtIt'II XI. Old Business: A. Consideration of Waivers/Variances of Program Rule. to Intenoi Build-( hit (Irani Rent Suhsi(k Grant and Commercial Facade Grant for Splashdown DiN er, 6,r( XII. New Business: A. Consideration of Taking Ownership of City -Owned Property located at l 1(1 NF 6'I' Street. at ()ccan and Casa Loma Blvd . as Part ofthe CRA Boynton harbor Marina B. Consideration of Issuing General Contracting SerN Ices Bid RFP for Interior Build -Out of ,lone, Cottage C. Consideration of Issuing General Contracting SCry ices Bid RFP for Bovnton Harbor Manna I )neu Space Protect XIII. Executive Director's Report A. Project Status Update and HOB Investment Update XIV. Future Agenda Items: A. Renegotiate the Terins/I-ees � ith the Pahn Beach CountN Commission on Ethics t fabled I ; � . I XV. Adjournment If VPIRSOADi(1DISJO APPI Al AV1 DFC6110AMIA Rl Ilii tR(BOM) tl1HRI ,Pit I i,, ltR((AYDIRI1) , AItl \A it I AFID \ RI ( ORD OI IM PRO(H DIA(,1 vA), t OR S[ ( 11 111 RP)11 111 1,111 AI tl .I 1!) [() [\',I RI I li V I A \I PH 1 IV] Ili MRP (1I PRO( IfDINOISMDIMill IfN(ORDIA(11DI1fill 11VA[)I\IDI N(IIN)N�1111 AfTI'1 I1'I-1311,11' � ,.'1( I III CRA SIIALI 11 R\ PH W11ROPRIA FI 11 All I AR) AID, \N 1) 11 RV I( P, 1A ll RI V1 (I \R� 1 (( Al I ORP IA IADIA IPI —11 , , III ,RIIII, 1 QI Al OPPORIt AIrl IOP\RI I( IPAl l IA VAD I AIO) 1111 I51 A7 1111 01 ( 1I RV IU PRO(,R \V1 (R V( M11) (OADI ( I'll P ill ( r' Pi C0A1,V(1 IHI (RA \1I561)737 -325611I IIA',' iVAIAfl -liltK 1101 R1PRIUR 10I1 A1 NII IIA('PR(1(R\I<)R V( IIAhRI)4RI(I" 'II (4< RFASOAAHI Y V( ( 0VIM0DV 11 )Ot RIO Qt 111 BOYNTON .CRA BEACH I CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business I I New Business I I Legal I I Executive Director's Report SUBJECT: Ocean Avenue Concerts, Friday, January 20, 2012. SUMMARY: • On Friday, January 20, 2012, the Boynton Beach CRA presents the Ocean avenue Concert Series with SOLSTICE REIGN performing classic rock. • This FREE event will take place at the Ocean Avenue Amphitheatre from 6:00 to 9:OOPM. • Food and Drinks provided by the latest food craze: Gourmet Food Trucks. • Bring your folding chairs or blankets. • Ample FREE parking onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 01-51230-225 CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS/OPTIONS: 61';�, /06a�-t- Kaihy Biscui i Special Events Director G \CRA Board\Ocean Avenue Concerts January 2012 doc Friday January 20, 2012 6:00 - 9:00 PM Solstice Reign, Classic Rock Friday February 17,,2012 6:00 - 9:00 PM Friday March 16, 2012 6:00 - 9.00 PM Friday April 20,, 2012 6:00 - 9:00 PM Friday May 18, 2012 6:00 - 9:00 PM 4 '9 14 k,4, BOYNTON' CRA :'.BEACH i CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business I I New Business I I Legal I I Executive Director's Report SUBJECT: Downtown Open Market — Sunday, January 22, 2012. SUMMARY: On Sunday, January 22, 2012, 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 40+ vendors with items such as: handmade indie crafts, vintage goods, art and specialty pet items. • The Cricklewood 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: Kathy Biscu' i Special Events Director G \CRA Board\Downtown Open Market January 2012 doc 7r! Ilk"WID& .4 w <p R cw* C-:: Bad 314 r.A. Ix L 0 ...4 C.-3, 4-J 0 L (U U -"s -a -504-1 Z< Cc 7M) 0 C= E L- (U L— .9 10 , uj r..,) CL < ca 0 0 colm >1 C: 3 ; TV 4-J E Ran 06 c Ln 4- a) 4-1 r.-4 CU 4-J 0 ode:;, Eun -r U- :00D :00Z 0 V 0 (U N 0 ro 4-J On u C re) Cd u 0 0 (U u >-J tz -9 Ltj CD 41 -4C-J CC I 0 4-J (U (a 0 CL(a, mr% a) onE 0 C)- C*02 ca 1= :3 4-J Lu o 0 C: 0 CD 00 4-J > -r z a 0 >N 0 0 c co 0 Fdw ao MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, DECEMBER 13, 2011 AT 6:30 P.M. IN CITY COMMISION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA Present: Jose Rodriguez, Chair Bill Oriove, Vice Chair James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge Marlene Ross I. Call to Order - Chairman Jose Rodriguez Vivian Brooks, Executive Director James Cherof, Board Attorney Chair Rodriguez called the meeting to order at 6:37 p.m. I1. Pledge to the Flag and Invocation Vice Chair Orlove gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Buchanan requested pulling Item V. A. - Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items. There was agreement to discuss the item later in the meeting. B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda. Mr. Hay seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 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 Mr. Buchanan explained a few months ago, the members broadened the definition of disclosures beyond conflicts, and the members would disclose whom they contacted or who contacted them. In the interest of transparency, they would disclose any relationship. He disclosed he had contact with the executive board of the Heart of Boynton (HOB) Neighborhood Association, with Debby Coles-Dobay about the Kinetic Art Symposium, and Doug Hester from Good Year about the grant. He had no relationship with these individuals other than business. Vice Chair Orlove was uncertain if they had to disclose conversations with staff members. Chair Rodriguez explained the item on the agenda always indicated disclosure of conflicts of items presented. At the request of the Chair, Attorney Cherof agreed to compare the discussion of this item to the prior minutes. Mr. Hay disclosed he spoke with Mr. Hester from Good Year but would not benefit from the conversation. Vice Chair Orlove agreed with Mr. Buchanan, that the members would disclose conversations with individuals that would be on the agenda. He disclosed he also met with members of the HOB Neighborhood Association and Barbara Ready regarding the Old High School. Mr. Karageroge disclosed he met with the HOB Association and communicated via email with Diane Barbosa at Habitat for Humanity. He stated he did not view either communication as a conflict. Ms. Ross disclosed she met with Libby Stroud, Gertrude Sullivan, and Victor Norfus from the HOB community. She did not believe there were any conflicts of interest. She also met with Debby Coles-Dobay, the Public Art Administrator. B. Informational Announcements Mr. Karageorge complimented Ms. Biscuiti and the CRA staff on the Holiday Extravaganza and Boat Parade. Both events were successful, and he received positive comments. He attended the Chamber of Commerce Holiday Luncheon featuring the Dimensional Harmony Choir that did an outstanding job. Additionally, the Chamber of Commerce would hold their Holiday Mixer/Open House on December 14, 2011, from 5:30 to 7:00 p.m. He wished all a Happy Holiday. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Ms. Ross also encouraged the members to attend the Chamber of Commerce Mixer at Renaissance Commons. She wished all a Happy Holiday and thanked staff and the Executive Director for their hard work, support, and dedication throughout the year. The year was ending on a positive note thanks to the employees and Board members. Vice Chair Orlove agreed with the prior comments made and advised the CRA was holding an Open House on December 15, 2011, from 5:00 to 7:00 p.m. at their new headquarters. He also announced he attended an art event at the Art District on Industrial Avenue. He hoped it was the beginning of good things to come in the western part of the CRA District with an interesting art community that was starting to blossom. He wished all a Happy Holiday. Messrs. Buchanan and Hay wished all a Happy Holiday. VI. Announcements & Awards: A. Downtown Open Market- December 18, 2011 Kathy Biscuit!, Special Events Director, announced the third Downtown Open Market on December 18, 2011, from 11 a.m. to 4 p.m. Vendors, crafts, vintage, and holiday crafts would be available for purchase. Gourmet food trucks would be on-site, and there would be live music. Ms. Biscuiti advised live music was being added to all the upcoming Downtown Open Market events. 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 Fagade 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 R11-06 for Additional Three Year Term for IT Services with the City of Boynton Beach 93 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 VIII. Pulled Consent Agenda Items: None. IX. Information Only: A. Public Comment Log B. Marketing Initiative Program: Boynton Forum "Shop local" Advertising C. Update: Press Releases and Media Coverage IX. Public Comments: (Note: comments are limited to 3 minutes in duration Chair Rodriguez opened the public comments. No one coming forward, public comments was closed. XI. Old Business: A. Consideration of Amendment to Development Agreement with Habitat for Humanity of South Palm Beach County for Ocean Breeze West Vivian Brooks, Executive Director, stated that through discussions held with the Boynton Beach Faith Based Community Development Corporation (CDC), the community, and Habitat for Humanity, a compromise on the proposal to develop 21 homes on Ocean Breeze West was reached. The original plan proposed all 21 homes would be in a Land Trust resulting in the homeowners not owning the land. A flexibility clause to allow the moderate income homes to be included or excluded from the Trust, upon the request of the homebuyer, was added. Ms. Brooks recommended approval of the amendment. Mr. Hay inquired how the homes not included in the Trust would be maintained. Mike Campbell, Habitat for Humanity, responded there would be a property management fee on the fee -simple homes imposed for the same maintenance requirements as the Trust. Motion Mr. Karageorge moved to approve. Mr. Hay seconded the motion. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Discussion followed about the price of the homes. The Land Trust homes would sell between $100,000 and $110,000, based on tHabitat's past history of building homes in the area. The CDC fee -simple homes would be in the $140,000 to $150,000 range. Mr. Holzman thought the CDC homes were at the top end of the market for that area. He inquired about the likelihood of those homes selling and about the time delay in putting the homes back in the Land Trust, if needed, so they could be sold. Keturah 3oseph, Boynton Beach Faith Based CDC, agreed the price was at the top end and hoped the prices would be lower as she was negotiating the final price with a builder. Credits for impact fees and other incentives from the City were received, thereby reducing the price of the homes by almost $9,000. She hoped the price would be $130,000 to $140,000, at most. She was more concemed about individuals qualifying for mortgages. If needed, the CDC would subsidize the program further. The deadline, in accordance with the HUD guidelines, for all the homes to be occupied was March 2014. If there was difficulty selling the homes, the CDC would return to the Board. The CDC intended to pre -sell the homes, and, to -date, had six interested buyers for the 10 homes they would build. They did not enter into a contract with the buyers because the Board's approval of the proposal was needed, and they had to finalize the sales price. She clarified the interested parties were mortgage -ready individuals, whose credit and income were screened. Mr. Campbell clarified the signed agreement with the City specified all the homes had to be under construction by December 2013 and be completed by March 2014, Should the CDC back out, Habitat could have the lots, but they would have to evaluate what was not under construction by June of 2013, and plan to have it under construction to meet the December 2013 date. This provision was not in the agreement; rather, it was in the Memorandum of Understanding. Under those terms, Habitat had to submit, in writing to the Community Redevelopment Agency, that they could not complete the project within the projected timeline. Presently, Habitat for Humanity had 28 ready -buyers. Ms. Joseph anticipated by June 2013, they would have all 10 buyers secured and under contract. She clarified their process to obtain a buyer, a mortgage, and close took six to nine months or less. Construction took about three to four months. After further discussion she agreed to come back with a progress report by June 2013. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 oti n Mr. Holzman amended the motion to add that the parties come back to the Board every six months with an update and on June 2013, a full update is given. Vice Chair Orlove seconded the motion. Chair Rodriguez opened the public comment. No one coming forward, the public comment was closed. The motion passed 6-1 (Mr. Hay dissenting.) B. Consideration of Amendment to Development Agreement with Habitat for Humanity of South Palm Beach County for four Lots in the Martin Luther King, Jr. Corridor Ms. Brooks explained this was an amendment to the Development Agreement signed in November 2010. She sent a letter inquiring about the status of the four lots. Habitat responded and was waiting to see what the design for Ocean Breeze West would be, since one of the above four lots was in close proximity to the development. The lot on 9th would start and Habitat requested swapping two lots directly on the MLK corridor with lots that were in a single-family neighborhood, as there were no interested parties for homes along MLK. Ms. Brooks recommended amending the agreement with the proviso the homes would be completed by June 2012. WT Mr. Hay moved to approve. Mr. Karageorge seconded the motion. Vice Chair Orlove inquired about the timeline for two lots. Mr. Campbell stated lots one and two, if approved for a swap, would be under construction by mid -spring and may be completed by June. He stated with the two homes under construction at Ocean Breeze West, he was not certain he could complete lots three and four by June 2012, but could complete them by October 2012. The Board was amenable to this time frame. Chair Rodriguez opened the floor to public comment. No one came forward and the public comment was closed. 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 vote The motion unanimously passed. C. Consideration of Uses for Additional TIF revenue Ms. Brooks explained the CRA had committed $150,000 to the successful RFP respondent to offset costs to rehabilitate the Old High School; however, no responses were received. As a result, staff and some of the Board members had ideas about how to allocate those funds as noted below. Staff also recommended increasing the budgets for the Events, Marketing, and Economic Development Programs as justified and explained on the agenda item. 1. Heritage Fest a. 2012 b. 2013 The Heritage Fest Committee submitted a line -item budget which was reviewed by Ms. Biscuiti. The event, less the private dinner, could be accomplished with all the same components for $8,100. The dinner could be accomplished through sponsorships or a charge per head. 2. Kinetic Symposium The Kinetic Art Symposium budget was $26,050 for this year, to be used for deposits for artists to speak, bring their artwork to the City, and to market the event. 3. Events Ms. Brooks requested a small increase for this budget because staff added the Sunday Fun Day and Downtown Open Market activities to the Events roster. They planned to add a live band to those events and more activities, such as a bounce house for children. 4. Marketing An artist group was forming on Industrial Avenue and would hold another event in April. The Ocean Plaza Merchants hold events every three months which staff wanted to help promote. It was believed the CRA should partner with merchants who take the initiative to promote their establishments. This request was for $20,000. 5. Economic Development 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 The Economic Development budget, since October 1, was already 50% committed and the request was for $25,000. The word was out about the program and Ms. Brooks noted a restaurateur from Palm Beach Gardens wanted to open a second Mexican restaurant in Boynton Beach. Of the $150,000, the requests totaled $99,150, leaving $50,850 for the Board to encumber. Chair Rodriguez felt that although there were no respondents to the RFP, the members had not relinquished their intention to rehabilitate the Old High School. He was not opposed to the other items, but he wanted to have money for the Old High School. Discussion followed that some members wanted to move forward as Ms. Brooks had presented, while others agreed with the Chair. Mr. Holzman believed all of the money should go to economic development. He noted there was an unbelievable response from the community to the program and attracting businesses and jobs were vital. He viewed this item as the only pure redevelopment item. Further discussion followed if more funds were needed, they could be reallocated from programs or grants that were not used as much. With approval of the request, the Economic Development budget would total $250,000. When polled, the members, with the exception of Mr. Holzman, voted to support increasing the budget for the Marketing and Kinetic Art Symposium requests. Mr. Holzman dissented on the basis the request was not redevelopment. Mr. Karageorge voiced concern about the Symposium as the request was for $26,050 this year and $5,000 for next year. Chair Rodriguez understood the request was the complete request. Mr. Karageorge did not want to pay for the entire project. Debby Coles-Dobay, Public Art Administrator, referenced the chart that had been provided to the Board. There were different components to the project and she stated it would move forward as she was receiving positive feedback from the private sector. In response to a question from Mr. Holzman, Attorney Cherof stated the Symposium was an allowable use of CRA money since the exhibit and Symposium would be held within the CRA District on Ocean Avenue. Ms. Coles-Dobay said the event was on an international level and explained about the various components of it. Partners donating funds and in-kind services to -date were the International Kinetic Art Organization, the Solar Tree Art Project, which was an international organization, and Palm Beach State College, Palm Beach State College committed $5,000 to $10,000 to bring in artists. �•, Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Art -in -Public Places committed $15,000. All the marketing materials must be created; however, the website, brochures, show book, and movie would all be produced through in-kind services. The Arts Commission created the event because the City and Community Redevelopment Agency wanted some type of unique art event. Attorney Cherof pointed out it was very important, when the funds were provided, that there was a commitment to advance the CRA Redevelopment Plan, not just the City. During a prior conversation between Ms. Brooks and Ms. Coles-Dobay, Ms. Brooks pointed out their marketing brochure must advertise where to eat, where their merchants were, and there must be a redevelopment component in the brochure. Art and culture was a big component of the Downtown Master Plan. Mr. Holzman inquired what guarantee staff had of the oversight of the project and that the money would be spent properly. Chair Rodriquez suggested requiring a timeline and status reports throughout the year. Mr. Holzman thought the Symposium was an interesting idea and he liked that it was in the development district, but did not want to be the largest donor. He felt this event did not hit the mission. Redevelopment occurs over a long -period of time, and when they were at a point when they wanted to show off what was done, they should then bring the project in. He thought it was a poor use of CRA and taxpayer dollars. Vice Chair Orlove requested confirmation if, once the seed money was obtained, other organizations would partner. Ms. Coles-Dobay stated Florida Power and Light, Pyridine, and other companies have an interest in kinetic art and could financially contribute to the event. They also discussed reaching out to the Palm Beach Cultural Council and Bill Nix. Ms. Coles-Dobay stated the Cultural Council was committed and may fund the VIP Night at the Children's Schoolhouse Museum. They had also committed to help advertise, market, and promote the event. Florida Power and Light was looking to commit funds. There were also four other companies she engaged in discussions. The Arts Commission anticipated receiving $11,060 from the show book sales. As to the marketing brochure, the CRA would have legal problems if it omitted the proper information. Accordingly, Ms. Brooks suggested the Agency have editorial approval of the content and Ms. Coles-Dobay agreed. Vice Chair Orlove thought it was a great idea that could possibly bring hundreds of visitors to the area. It would benefit local merchants and vendors, and it was one of the few art events in the County that speaks to something that was engaging, unique, and suitable for all ages. �J Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Ms. Ross thought the idea was excellent, but it was vague and missing some key components. She inquired if there was one part of the event they could embrace. Ms. Coles-Dobay responded one of the main components was to reach out to vendors and those in green technology, which was why solar and solar kinetic art fit into the program. It would attract businesses such as artists and fabricators that have a relationship to green technologies. Those efforts had been ongoing for the last year and a half, and the focus was on economic development and marketing the downtown area. Most of the funds would be expended from May through June of 2012. The artists who would make the presentation would receive half their stipend in June and the balance during the event. It was suggested if the Board approved the request, Ms. Coles-Dobay come back in April or May with an update, since only about $2,000 would be expended by March of 2012. Motion Vice Chair Orlove moved to approve the item contingent on Ms. Coles-Dobay coming back in April for a follow-up regarding corporate sponsorships. Mr. Hay seconded the motion. He clarified his motion was to approve the funding now and support the project contingent on Ms. Coles-Dobay returning to the Board in April and discussing where they were with corporate sponsorships. About $2,000 would be spent between now and then. Amended Motion Vice Chair Orlove amended his motion to include CRA staff having oversight over any marketing materials to ensure the CRA was properly promoted. Mr. Hay agreed with the amendment. vote The motion passed 6-1, (Mr. Holzman dissenting.) Mr. Holzman again inquired if the Symposium could be funded with CRA funds. Attorney Cherof responded the current request fell within the nexus, as did the Heritage Fest. The ultimate determination of the nexus was for the Board to decide. Ms. Brooks explained there were 24 existing events planned for Ocean Avenue. The Heritage Fest would make 25 events; Ocean Avenue would be blocked from Seacrest to First Avenue. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Chair Rodriguez requested a motion on the other three items which were the Events, Marketing, and Economic Development budget increases. Motion Mr. Buchanan so moved. Mr. Karageorge seconded the motion that passed 6-1 (Mr. Holzman dissenting.) The Board discussed the Heritage Fest in further detail. Ms. Brooks explained the Heritage Fest Committee agreed to hold the event on Ocean Avenue. Since the CRA was a tax-free entity, they could purchase the needed items for the event and not pay sales tax. After a review of the budget submitted by the Committee, the event could be held for $8,100, contingent on all procurement being done through the CRA so they could account for the funds. The CRA would use vendors they used in the past and would receive good prices for tents and entertainment. Staff would also receive all the invoices, handle the W-9 forms for tax purposes, and would facilitate the event. Ms. Biscuiti would assist with the setup, but the Committee would do the rest. Vice Chair Orlove favored funding the event, less the photography costs as there were many amateur photographers that submit photographs that could be used. Chair Rodriguez thought the event was good, but pointed out that he had consistently advised the Heritage Fest Committee that the CRA would match the funds the Committee raised. Matching funds has been done with other organizations. If the Heritage Committee raised $4,000, he supported matching that amount. Mr. Hay pointed out they had four discussions of four programs with the use of the $150,000. The groups were looking for at least $20,000. This request was reduced from $25,000 to $8,100. It was a good investment, as the event could be expanded each year to include other ethnic groups. He thought with the move to Ocean Avenue, the use of the amphitheater and Civic Center, it was a good investment, and he would approve it as presented. Willie Aikens, 726 NE 1st Street, the President of the HOB Association, stated the event was one of the biggest events in Boynton Beach. He indicated his willingness to be on the Committee with Ms. Biscuits to review the budget for the event and stated 80% of the budget goes back to the City. Their budget included the Police Department, and all of the components the City paid for were included. He inquired if the same level of service would be obtained with the revised budget and he offered to discuss the matter further after he reviewed the budget Ms. Biscuiti had, since he had not seen it. He confirmed event insurance would be paid out of the $4,000 they raised. They had sponsors and more were donating but they usually did not receive the funds until after January. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 After brief discussion, Mr. Aikens agreed to defer discussion of the item to later in the meeting so he and Ms. Biscuiti could review the budget. Ms. Brooks clarified all the elements the Heritage Fest wanted, less the stage and private dinner, were included in the budget. Motion Vice Chair Orlove moved to table the item and bring it back when staff had worked with the HOB members. Mr. Hay seconded the motion that passed 6-1 (Mr. Holzman dissenting.) Mr. Buchanan had requested Heritage Fest 2013 be placed on the agenda as Item B. The discussion would be heard under XII. New Business, Item E. XII. New Business: A. Review Policy Regarding Mortgage Foreclosures, CRA Liens, and Collection of CRA Loans Chair Rodriguez lett the dais at 7.56 p.m. Attorney Cherof stated this item arose from a lawsuit that was filed, drawing the CRA into a mortgage foreclosure, when the CRA held the second position due to a $50,000 second mortgage. The Board had already established a policy, when the CRA was in second or third position, they would pursue collection of the indebtedness of the obligation and would pursue a personal judgment from the individual who borrowed the monies from the CRA. Whether it was paid or not was unknown, but it was an incentive for individuals to understand that when receiving funds from the Community Redevelopment Agency, it was an obligation until it was paid in full. He requested confirmation that policy still stood. Motion Mr. Karageorge moved to stick with the policies in place and do as Counsel directed. Mr. Hay seconded the motion. Mr. Karageorge amended his motion that the recommendation was to confirm the previous policy to pursue collection of indebtedness to the CRA. Mr. Hay agreed to the amendment. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Attorney Cherof anticipated these types of cases would arise every six or seven months. Chair Rodriguez returned to Me dais at 7.•58 p.m. There were no public comments received on this item. Vote The motion unanimously passed. B. Consideration of Proposal from Kimsey -Horn for Design and Construction Administration of Marina Entry Area at Boynton Beach Blvd. and Federal Highway This item was the first step in the design of the marina entry features at Boynton Beach Boulevard and Federal Highway. It was a budgeted line item in this year's budget and it included costs for construction administration. It was anticipated the project would be designed and constructed by the end of the fiscal year. Mike Simon, Development Director, stated all of the projects the Board approved were in this year's budget. The dive shop, park, marina entrance, and secondary entrance feature would be completed at the end of the fiscal year. Chair Rodriguez expressed it was a lot of money to design a sign and landscape. Mr. Simon explained the rule of thumb was the costs were between 15% and 18% of the construction costs and he listed the items involved. The CRA spent $1.5 million to extend Boynton Beach Boulevard through to the marina which had dead ended at Federal Highway. They needed to draw individuals to the marina from both directions and create a sense of arrival. Staff wanted to be smart with the investment and have signage to draw attention to the corner at the light. There was brief discussion the road into the marina was narrow; however, staff thought the signage would alleviate traffic issues. Motion Mr. Hay moved to approve. The motion was duly seconded and unanimously passed. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 C. Consideration of CRA Board Meeting Dates for 2012 There was consensus to approve the dates as submitted. The primary election would not affect the August 14, 2012, meeting. D. Discussion of Study for Financing Options of Old High School The City had issued an RFP/RFQ in September and no responses were received. A consultant then approached the Chair about how to structure a financial package if they could find a user for the Old High School. The Board had to go through the RFP/RFQ process and there was a scope of work associated with the item if the Board wanted to move forward with it. Ms. Brooks worked with the developer who attended the RFP/RFQ pre-bid conference, after the deadline to respond had passed, to determine why they did not submit a proposal. The developer explained they were responding to another RFP and could not put the numbers together in time. The consultant had a mixed-use concept, which was a Mangrove Artist Loft, but wanted more time to explore the financing mechanisms. They had completed adaptive reuse projects in Delray Beach and Chicago and had the financial capacity to do these types of projects. This project was starting with a negative $5 million price tag as the building was dilapidated. Ms. Brooks suggested the Board allow them some time to explore alternative financing. She thought if the CRA backed the commercial portion of the project, most likely through a Direct Incentive Funding Agreement (DIFA), it was a doable project. Ms. Brooks also worked with the developer and was able to reduce the funding gap from $1.9 million to $1 million. Chair Rodriguez noted there was a communication from Lansing Development which indicated they would have to research and plan the financing before a developer would be obtained. They wanted to assist with New Market Tax Credits, Historic Preservation Grants, and put the financing in place. Then, simultaneously, the Board met with the developer, who indicated he could not work with the numbers. Chair Rodriguez deferred to Attorney Cherof regarding how to proceed. Attorney Cherof explained the Board could direct staff to work with the organizations and come back with an RFP/RFQ and staff could proceed with the interested developer. He cautioned the Board must be very careful not to design an RFP that would provide an edge over anyone else, and there may be some limitations about their ability to participate in the end project. The Board had not voted on if they would want that project in that location. The issue was on the agenda for the Board's edification. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL December 13, 2011 Ms. Brooks suggested because the project was highly specialized, there were many elements to be considered. She also stated the City was not precluded from the process and could participate through an invitation to negotiate, as was done in West Palm Beach on a highly specialized project. The RFP was issued and no responses were received because there were very few individuals who knew how to tackle these types of projects. Kevin Rickard, New Urban Communities, stated they attended the pre-bid meeting, looked at the site and prepared a site plan. They were in the process of responding to a large RFQ for Pompano Beach and had limited time to dig into the details of this property. Based on their plan, they had a $1.9 million gap. They did not have the time to research New Market or Historic Tax Credits because of the deadline for the response. They were still interested in the site, but needed more time to close the gap, and believed if given time, they could make a deal that was comfortable for everyone. Rudolph Pascucacl, Director, Palm Beach Museum of Natural History, thanked Mr. Karageorge and Ms. Brooks for the invitation to speak. Mr. Pascucci reviewed the museum was a 501(c)(3) corporation that did not have a building. He stated they have traveling exhibits. The organization is involved, primarily in paleontology and archeology. They are scientists with research collections, making them unique. Other museums do not have collections that other scientists come to and research, nor have a scientific staff that publishes papers. They do not have research sites. Mr. Pascucci proposed the Old High School was a good building for their exhibits, particularly the main gallery. The gym could house a long -necked dinosaur. They proposed to hold adult education classes, and provide guided tours. They would bring In interns and undergraduate students interested in natural history and have a small museum store with a small cafeteria. They proposed to have a research library, which could be made part of the Palm Beach County Library system. Social functions could be held in some rooms. A party museum could be rented out for conventions. It would be a good venue. The organization has liaisons with the Nature and Discovery Channels. They are associated with the Larson Brothers, who dug up Tyrannosaurus Sue. They work with other groups and would bring those groups to Boynton Beach. It would be a regional, if not, international, draw. They have several plans for international symposiums. He anticipated 50,000 visitors per year and about 20,000 school children would visit. The facility would lend itself to home schooling. It would bring additional businesses into the area and form a cultural hub. 15 Meeting Minutes Community Redevelopment Agency Board (Boynton Beach, FL December 13, 2011 The cost to upgrade the building would be between $5 million and $8 million and they have over $1 million in assets. Mr. Pascucci was unaware of the RFP and had planned to move into the Boynton Beach Mall, but then met Mr. Karageorge at the Chamber luncheon. Mr. Pascucci stated they did not need any funds from the Community Redevelopment Agency, rather they sought a commitment and time to fundraise. They would seek funding from foundations and major corporations since they had liaised with them in the past. He anticipated they could raise the funds in six months and upgrade the building within 18 to 24 months, once the plans were finalized. The main focus of the museum would be Florida and the Caribbean area. Florida was one of two best locations in the world for Ice Age mammals such as Mammoths, Saber Cats, and Giant Sloths. The major source of revenue for the museum would be the travelling exhibits, and they would keep the exhibits fresh by rotating them. There were five expeditions which were: Expedition Dinosaur, Expedition Ice Age, Expedition Conquistador, the Savage Creatures of the Ancient Seas, and Expedition Megolodon. The nearest museums of this kind were in North Carolina and Georgia. The University of Florida has some archeological material and mammoth skeletons mounted, but it was small and 300 miles away. Mr. Pascucci stated the organization had $5,000 to $10,000 ready cash -on -hand and just started to market the travelling exhibits. They made $30,000 for a two-month exhibit of Expedition Dinosaur in Atlantic City. After that, the Casablanca, Marrakesh International Fair was interested in the exhibit. They would receive $35,000 this spring from the South Florida Science Museum. They have a proposal on an $80,000 bid to assemble a juvenile T -Rex called "Tinker," which they anticipated receiving. Discussion followed the museum could be a regional draw, but the operating funding source was a concern. Mr. Pascucci stated if he had a Letter of Intent specifying how long they had to fundraise, he could approach individuals, but they had to have a tangible plan. He stated Boynton Beach would be the home of the Palm Beach Museum of Natural History. The organization was in existence since 2005. Previously they were the Graves Museum in Broward County, which went bankrupt in 2004, but the staff remained together. The most profitable way to make money was to dig up new dinosaurs, which they took the time to do. They were now ready to fundraise. He anticipated as they moved forward with fundraising, the donors would embrace the effort. Further discussion followed that the members liked the idea and it was a unique opportunity. Both parties should submit a proposal with a timeline. The City would have to provide a Letter of Intent, but the Board could give a recommendation they like the options. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 VUL711-7771-ur-l-' 1 Mr. Holzman moved the Board bump this idea to the City level to be reviewed by the City Commission. Mr. Buchanan seconded the motion that unanimously passed. Motion Vice Chair Orlove amended the motion to include the New Urban Communities would be given the same opportunity as the Museum. Mr. Hay seconded the motion. Ms. Brooks explained if the Board moved forward with the project, it would not come back to the Community Redevelopment Agency Board and they could not be a financial participant. Chair Rodriguez opened the public comments. Alan Hendricks, 122 SE 4th Avenue, encouraged the Board to look at the possibilities of a public/private partnership if it helped to move projects forward. Victor Norfus, 261 N. Palm Drive, agreed with Mr. Hendricks, but commented he had not heard about plans for the lower levels of the School. He hoped the building would house local businesses and restaurants. Mr. Holzman noted a difference between the Museum's proposal and the New Urban Communities proposal and was unsure what was being bumped up. Attorney Cherof explained the proposals that were received would have to be filtered. Currently the School was vacant and the Request for Proposals and Qualifications received no responses. He stated it was permissible for the Community Redevelopment Agency to move the concepts to the City Commission level. Vote The motion unanimously passed. The members returned to XI. Old Business, Item C. Heritage Fest. Motion Vice Chair Orlove moved to remove the HOB item from the table. Ms. Ross seconded the motion that unanimously passed. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 XII. New Business, Item E —Heritage (Fest 2013 (Heard out of order.) Mr. Buchanan stated in 2013, he would like to see the Heritage Fest expanded to a true Heritage Fest that focused not only on history and ethnic groups, but also on the United States of America. He proposed it be a two-day event, starting on a Friday night, followed by a Saturday morning parade with a grand marshal. The first group to march should be representatives of Martin Luther King because he was for equality for all people. He would like to see various groups contribute, such as a car club of restored military vehicles, veterans groups, the Model -A Club, honor guards, and the band from the high school. The restored police cars could be used. It should be fun and have lots of interest. The parade could march down MLK to Federal Highway to Ocean Avenue and that could be part of the second day event. Food vendors would be provided along the way. It would be a true heritage celebration. He acknowledged it would be a lot of work for Ms. Biscuiti, but he hoped individuals would volunteer to assist, and Mr, Buchanan offered his assistance. Mr. Buchanan would like to see the event held on MLK Day and pointed out there was a lot of synergy occurring in the area with the Holiday Extravaganza in December, the Heritage Fest in January, the Kinetic Art Symposium in February, and by that time, the new restaurant on Ocean Avenue would be open. Chair Rodriguez agreed with the concept and suggested Mr. Buchanan work with staff to include those components in next year's budget and to bring it to the Board, beforehand, to support, as it was a huge effort. Ms. Biscuiti was unsure how they could sustain two parades one month apart. She also stated they had no volunteers. Chair Rodriguez explained there was time for discussion. vice Chair Orlove stated he would like to see what occurred with the Heritage Fest this year and then decide how to move forward. Mr. Hay pointed out in the past, there was a parade from the Ezell Hester Center to the Civic Center and it was an excellent idea. He thought if it was a true heritage event, ethnic groups would participate with their floats on a smaller scale than the Holiday parade. He thought it was a workable and doable event. Chair Rodriguez thought this effort could be included in the Christmas parade, and have a heritage component. Ms. Ross pointed out many of the events were about diversity and heritage, and all were welcome. W Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 XI. Old Business — Item C. Heritage Fest 2012 =I. 77 Vice Chair Orlove moved to remove from the table the item regarding Heritage Festival 2012. Mr. Karageorge seconded the motion that unanimously passed. Ms. Biscuiti stated she and Mr. Alkens reviewed the line item budget and reached agreement. The Heritage Fest Committee was working on a fashion show and community speakers, but those elements were not contained in the budget and would be paid from the $4,000 the Committee raised. Mr. Aikens stated the speakers were motivational speakers for children and adults. The fashion show was from sponsors such as Macy's and ]C Penney's. The reason they wanted to use the Civic Center was because it provided a location to change clothes. It could not be done at the amphitheater. Additionally, they were also concerned with having chairs for the senior citizens at the amphitheater. Chair Rodriguez inquired about the cost for the fashion show. Mr. Aikens stated there were some designers involved in the show and the service and fashions were not all free. Chair Rodriguez inquired if the speakers could volunteer their time since they were part of the community. Mr. Aikens explained they were professional speakers, invited to participate and who travel to the event. Not all speakers were from the community. Motion Vice Chair Oriove moved to have discussion regarding the budget for this event, being at $8,090 minus the compensation for the photographer. He clarified his motion was for $7,900. Mr. Hay seconded the motion. Vice Chair Orlove clarified his motion was only for the items listed In the budget, less the money for the photographer. Mr. Holzman commended Mr. Aikens for trying to do something in the community, but explained he could not support the event. In the past, when organizations came before the Board, they matched the monies raised. He opined a fashion show was not about heritage, nor were the motivational speakers from the community. The Board's goal was to redevelop the area and every dollar that does not go towards that effort was a dollar wasted. There are economic development activities such as a study to narrow Boynton Beach Boulevard to assist businesses and create new jobs. This event did not accomplish that goal. Vice Chair Orlove stated the festival has a history in the community, and in the past, had been underwritten by the Board and the City. He agreed the Board, during budget 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, F! December 13, 2011 hearings, agreed to match funds, but that was when the event was held in one part of the City. It was now in the heart of the redevelopment area. He thought this was a first step to celebrate the diverse heritages within Boynton Beach, on Ocean Avenue. He wanted to start from there and build the event in the area. Chair Rodriguez commented the event budget was reduced from $25,000 to $8,000 which was agreed on. The organization raised $4,000 and he proposed matching the $4,000. Mr. Aikens responded they planned other activities. The $4,000 raised was committed. This was the budget, and then a roundtable occurs, Chair Rodriguez reviewed the budget and did not see activities celebrating heritage. The Board was only reviewing activities and costs. Mr. Aikens responded the Committee does a lot that is not on the budget. Heritage Fest integrated jazz history in the HOB. Ms. Ross suggested some of the money be allocated to jazz history. Chair Rodriguez further inquired where the Heritage piece of the program was. Mr. Aikens again responded that information was discussed at the roundtable. The Committee was following the process they were given and had followed every year. Mr. Hay took exception to the questioning of the Committee. The event was to be used as a springboard, and there was a motion on the floor to reduce the budget to $7,900. Chair Rodriguez responded the discussion was being held because it was taxpayer dollars and they had scrutinized the other expenses on the projects on the agenda. Mr Hay pointed out the Board did not review the other projects line by line. Mr. Karageorge had concerns with staff time and effort. He supported the event but thought staff may be overcommitted. Additionally, Ms. Biscuiti was off until January 3rd, and the event was in February. Some members of the Board thought the event was being discussed at the last minute and suggested what was presented in the budget was it. Anything after that should be done with the Committee's own funds and volunteers as Ms. Biscuiti has a full plate. Mr. Buchanan stated the Committee raised $4,000 and may raise more. He thought the motion could be amended that the $8,000 was the maximum, less whatever the Committee could contribute. The Fest would be a continuity event this year, and it could not involve staff. Mr. Buchanan amended the motion to fund a maximum of $7,900 to be decreased by whatever amount they raised. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Amended Motion Vice Chair Orlove amended the amount of money dedicated to the event, to be no more than $7,900 and anything raised for any of the items listed in the budget put together by Ms. Biscuiti would be taken away and reduced and staff would only be responsible far only those items on the budget that required their involvement. Mr. Holzman seconded the motion. Mr. Hay noted the problem was there were expenses that would be incurred that were not discussed. He clarified he was not stating they should pay for them, but he wanted to support what they proposed on the $7,900 budget and anything else beyond that was up to the Committee in terms of providing the monies and manpower to get it done. Vice Chair OjYove left the dais at 9:33 p.m. Mr. Hay did not see a great effort, in terms of manpower, on Ms. Biscuiti's part as she had already put the budget and figures together. Her part in the event was not that great from this point on. Ms. Brooks explained Ms. Biscuiti would be scheduling the Police, the Civic Center, and Amphitheater, and it takes a lot of effort because it had to be done through interdepartmental meetings. The Holiday Extravaganza required months and months of interdepartmental meetings and when events are done on public property and streets needed to be closed, it was a different story. Ice Chair Orlove returned to the dais at 9:37 p.m. Vice Chair Orlove stated he spoke with Ms. Biscuiti and she was okay with the motion he made, but only for the events that were discussed in the budget. Other activities could not be added. He stated there would be no fashion show and this would be the way it moved forward, which were within the confines of Ms. Biscuiti's procurement activities for the event and staff's time. As to the $4,000 the committee had raised, Mr. Aikens stated they had other recurring expenses they normally paid for. Vice Chair Orlove re-emphasized his motion that staff would only work on what was in the budget and nothing else. He agreed events are planned, and the events of Heritage Fest were presented in the budget. Anything else presented would be on the committee's time and expense - not staffs time. 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Chair Rodriguez commented he and Mr. Aikens had a conversation with a few of the other members, and both parties agreed the CRA would match what was raised. Mr Aikens recalled it was agreed to at that time. Chair Rodriguez restated the motion, the CRA would allocate the $7,900 and the Board would like the HOB to give back some of the money they raised to offset the cost on a voluntary basis. Vice Chair Orlove reiterated Ms. Biscuiti was fine with the motion as put together. Ms. Biscuiti would only plan the activities listed on the budget. There was nothing more staff would do. If the committee wanted to do something else, fine, but it would not impact staff and nothing could be sprung on staff at the 11th hour. Any money raised for any item on the budget Ms. Biscuiti had would be reduced as Mr. Buchanan was trying to state. Mr. Holzman inquired of Ms. Biscuiti that she would only work on the items listed on the budget and if they wanted to do something else, it could not occur during the confines of the event because she could not plan it and she was in charge of the event. Anything else had to occur somewhere else. Ms. Biscuiti agreed and stated once the program was set, an activity or fashion show could not occur. Mr. Aikens stated he and Ms. Biscuiti had already agreed there were some items she missed on the original budget. The fashion show was not listed, and that was why he brought it up. Chair Rodriguez thought there was poor planning; however, Mr. Aikens stated the budget was turned in three months ago. Vote The motion passed 5-2 (Mr. Holzman and Chair Rodriguez dissenting.) XIII. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments received on this item. XIV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 XV. Adjournment There being no further business to discuss, Chair Rodriguez adjourned the meeting at 9:44 p.m. Catherine Cherry Recording Secretary 121411 23 BOYNTON�CRA CRA BOARD MEETING OF: January 10, 2012 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending December 31, 2011. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve December financials. Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board MeetingsWanuary 2012\Financial Report doc Z P O v o o o m II ID m r O M O m a M o m ,r ,r o o M 11 c H f•+ W H W II m U) N V m O r m M o O Ch N 0 0 r II 17 O U Z H 1D O o o O I O N aT tD r M %D •C N O N iD m o o N I - H m o N I C+ ON r N m to r m U) O r r m 0 0 m 11 W Y <Tl I � 'jF. 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O O �pWpC,� % M II O �a ww ii ii M 11 H C9 m II a� O o m II II [H� Ti C', a u F H XW; W q V1 ril p� rn W D o p� P N N DC i W M Uz H a C> rn U O N a p M acn j' a 'i 0 W 0 EQ O BOYNTON",'� =CBEACHICRA CRA BOARD MEETING OF: January 10, 2012 X I Consent Agenda I I Old Business I I New Business I Public Hearing I Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for December 2011. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. cc��'6� 4 1� Susan Harris, Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetmg\FY 2011 - 2012 Board MeetingsUanuary 20121Purchases Less Than $25,000 doc Vendor Kimley-Horn Easy Pay Tires JFT - Rustic Retreat Cafe Bari sta-Hurricane Alk Boynton Beach CRA Purchase Order Report Month: December 2011 Amount Funding Source Des $ 22,400 _ Project Fund 02-58_200-402 _ _ Marina Signage St $ 15,000 Project Fund 02-58400-440 Commercial Fa ac $ 15,000 Project Fund 02-58400-440 Commercial Fa ac $ 15,000 Project Fund 02-58400-440 Commercial Fagac iption y - BBB & Federal Grant — -- - - ------ Grant Grant T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\January 2012\Monthly Purchase Order Report - Dec 2011 BOYNTON,�� =CBEACHiCRA CRA BOARD MEETING OF: January 10, 2012 X J Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Approval of Commercial Rent Subsidy Program Grant award to Discovery Business Services, Inc. SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi-year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Discovery Business Services, Inc. is a full service accounting and tax firm relocating its business from Delray Beach to 1260 South Federal Highway, Suite 202 (Colonial Plaza), Boynton Beach, FL. Discovery Business Services, Inc. meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Budget Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Rent Subsidy Program Grant award to Discovery Business Services, Inc. not to exceed $7,200.00. Vivian Brooks Executive Director YNTON � EACH r tr 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation I. Program The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi-year lease. The maximum total subsidy per business is $7,200 00 Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on a first-come, first -serve basis All applications are subject to CRA Board approvap Making application to the program is not a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program. 1 The business location must be within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map) 2. The business must be properly licensed to operate within the City of Boynton Beach and Pahn Beach County 3. A new business venture is defined as a company in operation for less than six months 4. An existing business is defined as being in operation for more than three years at the time of application 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size Venfication of this threshold must be provided in the application package initials__ , _ Page 3 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561 737-3256 Fax 561-737-3258 www boyntonbeacticre.corr 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 or 1099 contracted employees whose wages are reported to the state and federal goverment; a position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty-five (35) hours per week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store'' or "adult entertainment" d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. 111. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Conditions of lease termination. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. Inittalti Page 2 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www bomtonbeachcra.com The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord As grantor, the CRA neither bears nor accepts any responsibility foi payment of rent at any time, nor penalties incurred for the late arrival of payments by any party The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business owner The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic detielopment of the CRA Distract The receipt of past payments is not a guarantee of future subsidy payments. IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application Funding requests will not be considered until all required documentation is submitted to the CRA office Application packets must include the following documentation Complete and signed application 2. Copy of all business and occupational licenses 3 Copy of the corporate documents for the applying business entity 4e Copy of executed or proposed multi-year commercial lease agreement 5 Landlord SSN or Tax ID 6. Business plan, including executive summary and three-year financial projections of revenues and expenses 7 Two (2) years of audited financials and corporate tax returns (for existing businesses only) 8. Two (2) years of personal tax returns for the owners of a new business 9 Qualifications, experience and track records of business owners. 10 List of fobs to be created including fob descriptions, pay range and weekly schedule For existing businesses, provide a list of all current positions including fob descriptions, pay range and weekly schedule initials:_ Page 3 of 8 71 Q N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 r boy❑ionbeachcra Curr, Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the Applicant 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 approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. Quarterly Rent Subsidy Payments — Rent Subsidy payments will be reimbursed to grant recipient on a quarterly basis beginning the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the four consecutive quarters following the grant approval. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly rent reimbursement the grant applicant must submit a written request for that quarter's reimbursement payment along with: For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT-6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, s -corporations and 1099-MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials( Page 4 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www. bovntonbeachcra.com 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Ty pe or Pi int Onli - Use Additional Sheets if Necessary) Applicant Name Applicant Mailing Address -- — - — Business Name (D/B/A if applicable) Current Business Address Phone Fax Email-. --_- hcd 1DP - 'I line at Current location. _ Monthly Rent_ Do you have an executed lease agreement Yes_- No Landlord Name Landlord SSNAN: �.,`.- Landlord's Mailnio Address New Business Address (if applicable): New Business to Boynton Beach. Yes No - Existing Business Yes__ No Number of years in existence. Square footage of existing location Square footage of new location Page 5 of 8 71 G > a l ederal Ilighway Boynton Beach, I -l_ 33435 Phonc 561-737-3256 Fax 56 i-73'7-3258 Cnr.l Initials Type of Business:_ CA (-L�j n�� _ _ _ L�.K Number of Employees. -3 Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes__ No, ' If yes. what additional programs are you applying for: Arc you receiving grant assistance from any other governmental agencies: Yes No If yes; list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I. the undersigned, applicant(s) certify that all information presented in this application, and all of the information famished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalised by fine and/or imprisonment for making false statements or presenting false information. I understand that thi- application is not a guarantee of giant assistance Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the fiirtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials 14 Page 6 of 8 710 N Pederal highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It Is the responsibility o` the applicant to READ AND UNDERSTAND all aspects of the Grant Program Apphcatior and Guidelines Applicant/Tenant's Signature Printed Name -- Applicant/"lenant's Signature Printed Nrme STATE OF FLORIDA COUNTY OF Date Title Date - — ---Tale - - -- BEFORE VIE, an o.fic,;i duly authorized by law to administer oaths and take acknowledgements, personally appezred who is personally known t,r me or produced v., _ as identification, and acknowlc;dged he/shc 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 ; have: set my hand and official seal in the State and County afoiesaid on this '`" day Of � .r ��.:_ rs r'i t. MARE 1 DELLE DAMWA sr,r. MV COMMISSION A EE ISMS EXPIRES. December 1, 2015 ABonded Ttru Notary Pubic Urdenvr 1M NOI NAb Commission Expires Page 7 of 8 110 N rederal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ",x , " , r,,! SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines Propert) Owner's Signature Date Printed Name Title STATE OF O f < (� _- COUNTY O BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared(---) u rZ 14 Is [.t W 4 / / F', , who is personally known to me or produced DjZ V-.C't1 LA as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ day of { )e F' r1'1 k caw4wim 4 EE 150345 undowd in tvt hY i__ is Page 8 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www.bo ntonbeachcra.com Discovery Business Services Inc P or 2012 through 201 (all numbers in $000) REVENUE Gross sales Less Returns Net Sales COST OF SALES Beginning inventory Plus goods purchased / manufactured Total Goods Available Less ending inventory Total Cost of Goods Sold Gross Profit (Loss) OPERATING EXPENSES Selling Salaries and wages Contract Labor Advertising Depreciation Misc Total Selling Expenses General/Administrative Education Technologies Dues & Subscriptions Insurance Rent Utilities Licenses & Tax Office supplies Travel & entertainment Printing, Postage, Services Maintenance Automobile Fees Total General/Administrative Expenses Total Operating Expenses Net Income Before Taxes Taxes on income Net Income After Taxes Extraordinary gain or loss Income tax on extraordinary gain NET INCOME (LOSS) 2u,z 2013 2014 2015 $145 $149 $153 $158 u 0 u 0 _ $14r- $149 $153 $158 S; $1 $1 $1 3 3 3 3 1 1 1 $2 $2 $2 $2 14 14 15 15 $1 $1 $1 �1 $144 $148 $153 $157 64 67 60 7' 2 0 i 1 i 1 $74 $76 $79 $81 2 2 2 3 3 3 3 1 1 1 2 2 2 2 14 14 15 15 n 5 5 0 0 ;? 0 2 2 2 4 4 2 2 2 0 0 6 6 c, 0 0 0 0 $40 $41 $42 $44 $114 $117 $121 $125 $30 $31 $32 $32 1 1 $29 $30 $31 $31 0 0 ; 0 0 0 0 $29 $30 $31 $31 Risk Analysis for Business Development Services Inc Factor Grade Weight Weighted Grade 80% - 89.99% = Better than expected 70% - 79 99% = Strong Stability Business Plan 69.99% = Stability 50% - 59.99% = Passing Completeness of Application 80 40 32 Understanding of Financials 90 38 34.2 Owner Resume 85 34 28.9 Management Plan 80 32 25.6 Understanding of Market 80 29 23.2 Sales/Marketing Plan 90 27 24.3 Financials Pro -Forma 85 20 17 Net Income 65 25 16.25 Gross Margin 95 22 209 Profit Margin 75 15 11 25 Operating Income 65 15 9.75 Contribution Margin 65 20 13 In -gree of Operating Leverage 50 13 65 am on Assets 75 10 7.5 Current Ratio 70 17 11.9 Debt Ratio 75 10 75 Working Capital 80 18 144 Breakeven 65 15 9.75 Total Score 178.48% Scale. 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79 99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49 99% = Some Uncertainty 30% - 39 99% = Uncertainty 20% - 29.99% = Problematic 10% - 19 99% = Weakness 0% - 9.99% = Fault Business Plan Score (50% of Total Score) 168 2 out of 200 possible 84.10% Financials Score (50% of Total Score) 145 7 out of 200 possible 72.85% Risk Analysis, Rent Subsidy, New Business, Service, 2011 Discovery Business Solutions Inc Net incorne What are Revenues after all costs, liabilities and taxes? 2010 2011 ($2.95: 4 $3,034 Operating income What are revenues after all costs? 20102011 ($2,284) _— $3,732 Profit Margin. 2010 (21 35%i �,ontribution Margin 2010 2961% How much revenues are profit? 2011 6 54% How much revenue goes to fixed costs? 2011 38 40% ;)egree of Cperatinp Leverage. How much to fixed costs effect earnings? 2010 2011 (1652%) 805% current Ratio, Can all short-term assets cover short-term costs? 2010 2011 unknown 1 21 Working Capital How much is left after short-term costs are paid? 10 $2086 $105 69 Breakeven _ How much must be sold to cover operation costs? 2010 2011 $21,542 $36,648 Gross Margin How much revenues are left after cost of goods sold 2010 2011 95.16% 9850% Debt Ratio How large are liabilites compared to assets? 2010 2011 1077 018 return on Assets How efficient are assets? 2010 2011 (10 33) 1 09 BOYNTON .'r:BEACH CRA CRA BOARD MEETING OF: January 10, 2012 X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Cuthill's Backyard, LLC SUMMARY: Cuthill's Backyard, LLC as the owner of the property located at 511 NE 4th Street, 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 will be the new exterior entry way/signage for the entrance of the property. The new owners are completely renovating the outdoor bar and surrounding grounds. 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 Cuthill's Backyard, LLC for program eligible items for the property located at 511 NE 4th Street, Boynton Beach, FL. 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. va Address of Property Owner- City/State r) i Zip Code Phone#Day- Evening Legal owners and legal description of the property to be improved (please attach copy of warr�inty deed and 1%tase, if applicable). / 4 - kylbre'er 2, ZQ F�r VC AINA AitEl L -Y(-? IV 0� A/YA #8 & IC 5t JE 9 44) i,R - Name of Tenant if Different from Property Owner Name of Business ('-C Address of Business. /Vt� City/State Zip Code Phone # Day- Evening 1nitiajs_4,' Page I of 6 ? 10 North Federal High wa), Boynton Beach, Fl- 33435 Phone 561-737-3256 Fax 561-737-3258 Type of Business: Years of Operation r 0,/ Number of Employees: Annual L 62-CPayroll: ��%C1�Qy►/%� G�� %1>j��ilC. Number of Employees residing in Boynton Beach: Ral?121-. List of i proposed: 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: 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 fagade 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 Initia� - Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 w,A w boy ntonbeacl-cra cum r Ali work must be done m compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations Ali contractors must be licensed in Boynton Beach/Palm Beach County Please contact the City +l Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant applicatior} 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 Fagade 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 fagade improvement project and submit for reimbursement within 120 days of the grant award Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grans 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 Ill. APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal "11 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 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 specifications. Initials Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ti-wv dwn[onbr1aclicia.onI Applicable documents must be attached for the Application to be processed By signing this Application € acknowledge that i have received and read a copy of ME., Program Agreement, and I understand and agree to comply with its content SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the resoonsibility of the aoolicant to READ AND UNDERSTAND all aspects of the Fagade Grant Program Agreement, including Program and Reimbursement Regulations. tness (a ) rqp� nQr (Date) Witness (Date) (Property owner's signature must be notarized) STATE OF FLORIDA COUNTY OF - BEFORE ME, an officer my author' ed by law to administer oaths and take acknowledgements, personally appeared t who is personally known to me or produce, i o ( i '} (tfs identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 . NOTARY PUBLICS My Commission Expires. THERESA UTTERSACK t+T Notary Public • State of Florida i •e My Comm. Expires Jan 11, 2014 Commission # DD 951135 ��9 ;; :•`,' bonded Through National Notary Assn 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-32513 (TenantlBusiness owner's signature must be notarized) 'Witness (Date) L Te npWsiness Owner (Date) v" Witness (Date) Tenant/Business Owner STATE OF FLORIDA COUNTY OF 62� 10/ (Date) BEFORE ME, an officer d ly authorized b law to administer oaths and take acknowledgements, personally appeared 1 t who is personally known to me or �p_o�duceeCL D ftMg] (4�! t as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day o D .2011 NOTARY PUBLI wuk My Commission Expires: 'r�a, THERESA UDNotary ryp ie - • My Comm. Expire %a I„11 :drr Commission # °` `t ••• Bated Through Nat Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ww\A bowitonbeachcia coir, l)iltlt PaL,z 1 1111M � M; 5 11 NL 4th Street-C'uthill's Backyard l l f E Detail, Palm Bea(.h C ouno,'"��`ti._ ` r� Pi operri Appraise (wry R \ikolit, PCN 08434521260030020 , iew Picoerty Je:aiia Name BOB KATZ PROP INC ocation 511 NE 4TH ST Mailing 306 SE 1 STAVE BOYNTON BEACH F 33435 4507 ppraa, saa, aaxt4..ue— Market Value $269,80 Assessed Value ;269 80 Exempt Am^ 50 Taxable 5269,809 i Ad Valore, $6 I Novi ad valore- S1 94028 Tota $8,067 6'j Sale Date Sale Pnce 08/03,2001 ^ v5 000) F"5000 02/01,1997 5100 02101.1997 $50,000 05/01/1984 S51,500 01/010977 $6 000 Palm Bea(.h C ouno,'"��`ti._ ` r� Pi operri Appraise (wry R \ikolit, Jill pm I gall a �� 9 II i 11 i f e e ¢` sm Cuthill's Backyard x F x j,_ o s z 3y 8n w 6 Boynton Beach, Flonda n a IJ IHDV�19 NOINk RTcNVD= Proposal .............................................................................................................. FROM: Blossom Brothers, Inc. 3754 Dorrit Ave Boynton Beach FI 33436 Page. No PROPOSAL SUBMITTED TO: Name: Cuthill's Backyard, LLC Phone. 561-756-5951 Date: 12/20/11 Street: 511 N.E. 4th St City: Boynton Beach State. FI Zip 33435 I propose to furnish all materials and perform all labor necessary to complete the following: Front Entrance Buildout & Signage 1) Supply and install 2 -sets of 3 -poles 8" in diameter ea. Pole staggard ht. each side of entrance 16 to 20ft above ground and 6ft below ground. Poles will have a heavy rope wrap approximate 2ft. apart. $3200.00 2) Fabricate and install steel structure to bridge both sets of post allowing the installation of Double Entry Doors and wood slats each side inside and out. $4250.00 3) Supply and install all decorative metals at both sides of entrance structure inside and out with powder coat finish. $1200.00 4) Supply and install Cuthills Backyard sign above entrance structure to also have powder coat finish. $1200.00 All of the work is to be completed in a substantial and workmanlike manner for the sum of Nine Thousand Eight Hundred Fifty Dollars ($9,850.00). A 50% Deposit once contract is signed. The entire balance of the contract is to be paid within 15 days after completion. Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Authorized Signature &' t?, Nu\' ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which Cuthill's Backyard LLC agrees to pay the amount mentioned in said proposal and according to the terms thereof. www sucrates can Page 1 of 2 SS4301-340 • Rev 05/04 Signature Date Buckingham, Inc. 821 NW 8th Way Boynton Beach, Fl 33426 561-436-3888 Fax 561-733-0628 To: Cuthills Backyard Dec. 23, 2011 511 N.E. 4th St. Boynton Beach, F133435 JOB LOCATION: Same JOB SCOPE: Front Entrance Buildout and Signage 1) Supply and install 2- sets of 3 -poles 8" in diameter ea. Pole staggard ht. each side of entrance 16 to 20 ft. above ground and 6ft below ground. Poles will have a heavy rope wrap approximate 2ft. apart. $3675.00 2) Fabricate and install steel structure to bridge both set of post allowing the installation of double entry doors and wood slats each side inside and out. $5600.00 3) Supply and install all decorative metals at both sides entrance structure inside and out in a powder coat finish. $2175.00 4) Supply and install Cuthills Backyard sign above entrance structure to also have powder coated finish. $1650.00 TOTAL: $13,100.00 aIv4ftaZ BBC Custom Contracting 6610 Skyline Drive Delray Beach, FL 33446 954-214-5969 December 23, 2011 TO: Cuthill's Backyard 511 NE 4th Street Boynton B each, FL 33435 JOB LOCATION: Same as above JOB SCOPE: Front Entrance Buildout and Signage In regards to the above request for proposal we regretfully decline the opportunity to bid on this job Due to the nature of the project we are unable to perform the tasks sufficiently at this time. Thank for the opportunity. 4,M1- ", " 44 - El m IX. Information Only: A. Public Comment Log — None There is no backup material for this agenda item. BOYNTO1.0,1=741 BEACH,CRA CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I X I Old Business � I New Business I I Public Hearing I I Other SUBJECT: Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Fagade Grant for Splashdown Divers, Inc SUMMARY: Splashdown Divers, Inc. rented 700 Casa Loma Blvd. from the CRA since 2006 when the CRA obtained the marina property. The CRA is demolishing the building Splashdown Diver's Inc. occupied which required Splashdown Divers, Inc. to relocate. Splashdown Divers Inc. is relocating to Ocean Plaza, 640 E. Ocean Avenue, Ste. 13 & 14, Boynton Beach, FL 33435. At the September 13, 2011 CRA meeting the Board advised Splashdown Divers, Inc. to take advantage of the CRA grants and recognized that there would be a need to waive the grant requirement regarding the increase of 50% square footage (9/13/11 CRA Minutes attached). Splashdown Divers, Inc. has submitted applications for the Interior Build -Out, Rent Subsidy and Commercial Facade grants that the CRA offers to businesses within its District. After review of the grant applications the following waivers are needed in order to process the grants as submitted by Splashdown Divers, Inc.: Interior Build -Out Grant Waivers: Attached is a copy of the Interior Build -Out Grant Application as submitted by Splashdown Divers, Inc. The requirements have been highlighted for your convenience. The followings waivers are requested: 1. The Interior Build -Out Grant is a reimbursable grant to the tenant and/or landlord. Splashdown Divers, Inc. is requesting the grant money and/or a portion of the grant money (max. of $15,000) be released directly to the General Contractor on a draw basis. 2. In order to obtain the full amount of the grant, the applicant must employ three (3) full time employees. At this time Splashdown Divers, Inc. cannot verify the number employees. See attached UCT-6 form, 2008, 2009 & 2010 tax returns. 3. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Splashdown Divers, Inc.'s previous location was 1251 sq. ft. — the new location is 1760 sq. ft. (increase of 509 sq. ft — required increase 625.50 sq. ft.) The space has not increased by 50% - See attached floor plans for each space. 4 Applicant mus[ E�wn the building �i plans to operate ,v10110 11 II7U-�r ha�L (0 ; '- Lflcu multi-year lease ttvil year minnnuni ; 'splashdov�n libv ei,, hi, cntered nit( i � c i Eew', ,(.0 attached Lease 5 The applicant must provide a copy of its business plan, Including executive summary, and three v eat financial projections of revenues and expenses Splashdown Dn er's Inc did not provide a busmes,, plan with the application 6. The applicant must provide cop} of design and construction plans associated with the proposed improvements. At this time. Splashdown Divers. Inc has not provided the CRA with a proposal. estimate or scope of work from a general contractor Rent Subsidy Grant Waivers: Attached is a copy of the Rent Subsidy Grant Application as submitted by Splashdown Divers. Inc The requirements have been highlighted for your convenience The followings waivers are requested 1. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Splashdown Divers. Inc. 's previous location was 12 5 1 sq. ft the new location is 1760 sq. ft. (increase of 509 sq. ft - required increase 625.50 sq. ft.) The space has not increased by 5Wo Sec attached floor plans for each space. 2 Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). Splashdown Divers. Inc entered into a one year lease .Sec attached Lease 3 The applicant must provide a copy of its business plan, including executi� e summary and three year financial projections of revenues and expenses Splashdown Diver's Inc. did not provide a business plan with the application Commercial Facade Grant Waivers: Attached is a copy of the Commercial Facade Grant Application as submitted by Splashdown Divers. Inc. The requirements have been highlighted for your convenience. The followings waivers are requested - 1. The Commercial Facade Grant is a 50% matching reimbursable grant up to a total of $ 15.000.00. Splashdown Divers. Inc. is requesting the grant money and/or a portion of the grant money (max of $15,000) be released directly to the general contractor on a draw basis and the wan er of the 50% match of funds by the applicant. Therefore, the CRA would be providing a maximum payment of $15,000 to the general contractor with no matching contribution made by Splashdown Divers. Inc 2. The Facade Grant program may only be used one time in anv five year period for any one propert} Splashdown Divers, Inc. does not own the property. This condition of the grant should be waived due io the fact that the owner of the property has expressed interest in applying for the Commercial Facade Grant in order to make improvements to the property (i.e.. parking lot resurfacmg/restnping) which are unrelated to the improvements being requested by Splashdown Divers. Inc 3 The applicant did not submit the below required documents due to the fact that Splashdown Divers. Inc. is relying on the advancement of the grant funding to pay for the requested improvenients CRA staff will request the applicable documents from the general contractor prior to releasing any funding. At this time, Splashdown Divers, Inc. has not provided the CRA with a proposal, estimate or scope of work from a general contractor. a. Project work write-ups describing in detail the scope of the project. b. Plans or sketches. c. Third Party cost estimates from three licensed contractors. d. Estimated time line. e. Evidence of financial ability to pay for the project. f. Signage design with colors & materials. g. Project color chips/material samples and material specifications. FISCAL IMPACT: Project Fund line item: 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Provide direction to staff on the requested waivers and approvals of the requested grants. Vivian Brooks Executive Director 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 Mr. Hay mentioned that the St John picnic would be at John Prince Park at 1 00 p.m with activities for everyone Ms. Brooks advised the database for available commercial properties is on the CRA website The website contains available retail, office, or industrial space She also advised the CRA offices would be moving on September 22nd and was not sure if the internet or phones would be working that day Ms. Brooks also advised she had two tickets to the BDB Gala on Saturday, September 17, 2011 at the Breakers, if anyone would like to attend Mr Karageorge advised he would attend. V. C Splashdown Divers Settlement Proposal Attorney Cherof advised he sent the Board a copy of the email received from the attorney for Splashdown Divers Ordinarily, he stated he would not bring an stem such as this at this point in the meeting; a closed -door session would be requested As background, the plaintiff in the lawsuit occupies the property at the Marina without a lease They are a hold -over tenant and currently a tenant in sufferance Eviction proceedings had been initiated. Additionally, the case was set for trial for the beginning of October, so there was little time to deal with issues of back and forth settlement negotiations. He wanted to bring the offer to the attention of the Board He felt there was no legal liability basis for accepting an offer of this nature, as he does not feel the individual who was occupying the structure had any legal right to be there. He felt that was what the Court would ultimately determine Splashdown also occupied a slip in the Marina which they did have under an existing lease, but that lease was scheduled to expire within the next month. He requested consideration of the settlement offer and any direction the Board would like to offer him Chair Rodriguez agreed that direction should be given He wanted to congratulate Splashdown for trying to purchase a retail space in the Marina area. He wanted to keep them around and wanted them to be viable in the Marina area. There were parts of the proposal he would not support The CRA had many incentive packages that are offered and he suggested that Splashdown take advantage of those incentives, like any other business in the CRA district In regard to the seven-year lease requested for the slip, he advised he would support a seven-year lease, but would recommend the slip rate be at the prevailing, annual rate everyone else would pay, not a locked -in, seven-year rate Mr Buchanan agreed with Chair Rodriguez with the addition of allowing them to apply the second half of the double rent they had been paying to the dock rental 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 Susan Harris, Finance Director, advised the total amount paid for the office was $37,500 from the time they started paying double rent, June 2010 to September 2011. Half of that would be $18,750, which would be the credit applied to the slip rental over the years. Chair Rodriguez inquired what the impact would be on the budget. Ms. Harris advised she had already factored in the Splashdown Divers slip rental income. If the credit was allowed on the slip rental, it would affect the budget. Mr. Karageorge concurred that they should take advantage of the incentives, but had an issue with the seven year term and would like to see it reduced to five. He advised it would need to be at annual market rent, not prevailing. Chair Rodriguez reminded everyone that costs were incurred for attorneys for this issue and that had to be factored in as to whether the budget should be reduced by allowing the credit Ms. Brooks advised the August legal bill for Splashdown Divers was $7,000. There was further discussion on weighing the costs up to date and the credits requested. Attorney Cherof reminded the Board that this would be considered a voluntary vacancy by Splashdown and proceeding to trial would be costly, most likely exceeding the credit they were requesting. Ms. Brooks advised they were paying $1,250 for rent and were offered a year-to-year lease. On October 1, 2010, they were given another lease and Splashdown would not sign it. Once they went out of lease and they went month-to-month, because it was a commercial lease, they had to pay double rent which they had been paying. The Board was at an impasse on allowing the credit due to costs already incurred by the lawsuit initiated by Splashdown. Attorney Cherof advised the Board that the CRA would pay slightly over $30,000 in attorney fees and court costs associated with this litigation. A large part of that was in defending and not prosecuting as the causes of action were brought by Splashdown against the CRA. Motion Vice Chair Orlove moved to present the representative of Splashdown a proposal of offering a seven-year lease, at the prevailing rate, for the slip and appropriate vacation of the property and the ability to apply for incentives without any prejudice through the CRA. The motion was seconded by Mr. Hay. Mr Buchanan was unsure they qualified for the incentives and suggested they would have to be given a waiver and it be added to the motion. He asked for direction from Ms. Brooks Ms. Brooks advised they would need a waiver because they were an existing business and did not believe the space they are proposing to move in was larger than the one they are currently occupying. Under the guidelines, they would have to move to a 50% larger space. Because the current building was going to be demolished, that would be a reason to grant a waiver. Chair Rodriquez felt the waiver should be considered separately from this offer Vice Chair Orlove inquired about build - outs. Ms. Brooks advised that was for new and existing properties, so it was possible. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 Under existing, they would have to increase square footage by 50%, so that would require a waiver from the guidelines There was further discussion on whether to offer a waiver and whether to include it under the current proposed motion Chair Rodriguez wanted assurances from Splashdown that they were serious about a long-term commitment and was concerned it would set a precedent for other organizations to request the same Attorney Cherof advised there was always a possibility that others could come forth and that it could also stimulate litigation There was risk, but also a balance should be found that would invite businesses to come and stay in Boynton Beach Mr Buchanan felt that because they were in the unique position of having to leave because the building would no longer be there, justified a waiver Since language for grants was being approved at this meeting, Chair Rodriguez inquired of Attorney Cherof whether language could be added to this proposed waiver also Attorney Cherof felt that should be done uniquely in a settlement document Motion Vice Chair Orlove amended his motion to include a waiver of the requirement regarding the increase in the 50% square footage when applying for a rent subsidy and interior - build -out grant from the CRA, as part of this settlement package in the original motion, and for the Board to consider, based on them fulfilling all the necessary requirements Mr. Hay seconded the motion that passed unanimously Attorney Cherof suggested, since a representative from Splashdown was present, that there should be agreement on their part that the settlement offer would be satisfactory or negotiable before proceeding any further Drew Levitt, 4700 N.W Boca Raton Blvd., Boca Raton, advised he would have to discuss this with his clients. It was not what they had hoped for or expected He wanted to mention to the Board that when the cost of litigation was considered, and what had already been spent, the Board took that into account when withdrawing the suggestion for a credit. He advised it should be looked at in the opposite If that much was spent last month when getting ready for trial, it would be a multiple of the $7,000 spent this month. Rather than looking at what was spent and use that to deny the rebate of the double rent, consider if the case settled, all these resolutions or suggestions for settlement would result in the litigation being dismissed. Future legal fees, which would be the largest monthly bill, would be avoided by a settlement. He felt that should be what was considered Chair Rodriguez inquired of Attorney Levitt if they would be willing to settle if credits were added. He advised he would have to talk to his client. Chair Rodriguez inquired if he would be willing to settle this tonight; he would table the item until after the regular meeting items were discussed 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 Motion Mark Karageorge moved to table this item to the end of the meeting. The motion was seconded by Ms. Ross and unanimously passed. Vi. Announcements & Awards A Sunday Funday — October 9, 2011 Kathy Biscuiti, Special Events Director, advised of a new event which would be held on October 9t' called Sunday Funday. This event would highlight the Marina and its water sports and restaurants. The plan would be to hold a Sunday Funday once a month. At this event, called "The Fall Festival", there would be a petting zoo, small pumpkins for children to paint, face painting, and an Oktoberfest for adults, Two Georges would provide special food and drinks and it was hoped many people would attend. Two Georges would be partnering with the CRA at this event They plan to provide a steel drum band and a jazz band. VII. Consent Agenda A. Approval of Minutes — CRA Board Meeting August 9, 2011 This item was pulled by Mr. Karageorge and Vice Chair Orlove. B. Approval of Minutes — Budget Meeting August 23, 2011 This item was pulled. C. Approval of Period Ended August 31, 2011 Financial Report D. Monthly Purchase Orders VIII. Pulled Consent Agenda Items VI1. A. Approval of Minutes — CRA Board Meeting August 9, 2011 Mr. Karageorge advised on page 12, one of the things he felt had been omitted in the minutes was his discussion with Al Phillips was not only about aesthetics, but also reinforcement of the structural area. He wanted that added back in. Vice Chair Orlove advised on page 6 (page 10 in the backup), fourth paragraph, he was quoted as saying "an article in the newspaper about a disagreement with a restaurant and the City where tables should be'. It was the City of Delray Beach and he did not want to imply it was the City of Boynton Beach. A Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 was to raise approximately $3,000 or more By sponsoring a civic day, the hope was to raise approximately $6,000 She advised she was requesting the Board reconsider granting funds. Last year, $15,000 was given for the Heritage Celebration This year, if there were profits left from any monies given, the plan was to cover operational costs, assist with seniors, families, and those children in need There would be transparency with all monies spent She asked the Board for assistance in holding the event Chair Rodriguez closed public audience, and commented that neither the Commission nor the Board members have discretionary funds Last year, the CRA Board, in its entirety, supported the Heritage Celebration through its budget Vice Chair Orlove inquired if there was a way the Heritage Celebration could be combined with another event already planned and budgeted Ms Brooks advised that was already the plan. The direction was to work with them to have their event take place when another CRA event was planned. This year, the event would be held on a Friday, rather than a Saturday and would not be made into two separate events If they wanted a Saturday event, they would have to utilize their own money or the Board would have to allocate additional funds The Splashdown Divers representatives returned to the meeting from discussions Motion Mr Hay moved to remove the Splashdown Divers item off the table Vice Chair Orlove seconded the motion which unanimously passed Mr Levitt advised the slip lease was not an issue but the language that was discussed with fair market value versus market rate would be addressed The client was willing to pay full fair market value rent for the slip. Therefore, a fair market rent increase clause, tied to CPI or otherwise in the lease would not be objectionable, if it provides further comfort to the CRA The $18,750 was very important and very much needed The other piece discussed with Splashdown that had not been discussed with the Board was the fact that the building would be torn down due to needed space Attorney Levitt advised his client would need time to leave the property, raise the funds and get the new space closed to move in The CRA would not get rent for the space if it was vacated too soon. What was being proposed, in addition to the slip lease and the $18,750, was the client being able to stay in the current space until the end of the year, rent free, to defray some of the costs of moving. There would be no loss of revenue to the City because it was not going to be rented anyway Chair Rodriguez confirmed the proposal requests and inquired of Ms. Brooks what the plan was to demolish the building. Ms. Brooks advised there was another tenant in the building and would be given notice at some point to vacate the property There would 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 13, 2011 be no impact to the timeline of demolishing should Splashdown stay until December. Vice Chair Orlove expressed concern regarding the open ended date. He would prefer to put a definitive date in the agreement. After brief discussion, there was consensus to move forward with the agreement. Motion Chair Orlove amended his motion to include the $18,750 credit to be put toward the slip lease and Splashdown would vacate the property no later than December 31, 2011 with no rent from October 1 to the end of the year. Mr. Buchannan seconded the motion. Attorney Cherof advised part of the agreement should be with respect to them vacating the property, it be incorporated in a judgment to be entered by the Court, to prevent a settlement disagreement which may result in starting the court action again. There would be a dismissal of the case, but the court would retain jurisdiction for the purpose of enforcing the move -out by December 31 st. The motion unanimously passed. Xl. Old Business A. Consideration of Employment Agreement — Executive Director Chair Rodriguez advised the contract had been reviewed in detail and provided opinions on each item and consensus. His understanding was that there was no deviation from what the Board originally agreed to Attorney Cherof indicated the modifications were made at the direction of the Board. The document was approved and ready for signature. Motion Vice Chair Orlove moved to approve the agreement The motion was seconded by Mr. Hay and unanimously passed. B Discussion on Direction of the Development of the Oscar Magnuson House Ms. Brooks advised there had been discussion on getting additional financial information from The Chussler Group, specifically with their ability to finance their portion of the project with an SBA loan, which was unsuccessful. She stated in this economy, there were no SBA loans for restaurants. She recommended to the Board getting the Ruth Jones Cottage up and running first. There would be three solid proposals from people she had met with_ She also felt the amphitheater should be active to increase traffic in front of the Magnuson House to generate interest. Once the cottage and the amphitheater were in place, there would be enough traffic and there would be something that would show some viability for that site. Currently, it does not exist. She felt it should be a restaurant to generate traffic day and night. Depending on 10 IVA iifNk W9,10' 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Guidelines The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. uA\Vp— ,, Applicants may be eligible for up to $15,000 in grant funding to assist with the cost of commercial r� interior construction or renovations. The amount of grant funding is determined by the number of jobs # created by the applicant. Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. I. Proiram yef The Commercial Interior Build -Out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HVAC system 5. Flooring 6. Hood & fire suppression system The Commercial Interior Build -Out Program funding may be budgeted annually by the CRA Board and awarded on a first-come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -Out Program: Initials Page 1 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 2,. (_v I The business must be located within the Ck.A Distnct',, Central Business t orc I-edela Highway COMdot o1 Heart of Bovnton areas {see attached reap. 2 The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County 3. A new business venture 1s defined as a company to operation for less than six months. 4 An existing business is defined as being in operation for a minimum of three years at the time of application --5. An existing business must expand to occupy more than fifty percent (50%) of its current square #, footage size. Verification of this threshold must be provided in the application package. NaiY'er -•6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum) 7 Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1091) contracted employees whose wages are reported to the state and federal government, a position occupied by the business owner may count toward one of the required fob positions For the purposes of this grant, a full time equivalent employee_ is defined as woikinp, ii minimum of thirty-five (35) hours per week at the prevailing Federal minimum wage The following businesses are considered ineligible fol assistance andel- the Commercial Interior Build - Out Program a Businesses that employ less than two full-ttmr equivalent W-2 employees of ;09(11 contracted employees b Businesses who do not report emplovee`,, wages is the State of I'lorida Department of Revenue c NeA businesses identified as a "convenience store' or "adult entertainment" d New businesses using a D/B/A that has been used by another business within the past twelve (12) months III. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information • A description of the space being rented including square footage and a drawing W the space. Description of utilities that the tenant is responsible for • Rental rate and deposits along with terms of lease and mcth000logy To future rent increases • Responsible party for interior and exterior repairs and/or improvements Initials " Page 2 of) 710 Noith Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561 737-3258 ,,c, 10 ��tWc"O, • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Program application and to discontinue payments at any time if in its sole and absolute discretion It determines that the business will not further the goals and objectives established for the economic development of the CRA District. IV. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Completed and signed application. 2. Copy of all business and occupational licenses. 3. Copy of the corporate documents for the applying business entity. 4. Copy of executed multi-year commercial lease agreement. 5. Landlord SSN or Tax 1D. k JAWeX --6. Business plan, including executive summary and three-year financial projections 5 of revenues and expenses. 7. Two (2) years of audited financials and corporate tax returns (for existing businesses only). Q& 0. 8. Two (2) years of tax returns for the owners of a new business. never *S� --•9. Qualifications, experience and track records of business owners. Naaver 10. Copy of design and construction plans associated with the proposed improvements. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. A minimum of four (4) 3"x5" color "before" photos of the project. Initials Page 3 of 9 710 North Federal HighNay Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 u u bayntontx�chwa.L. Approval of Funding Request Once eligibility is venfied and all required documentation has beer submitted, CRA staff will present the funding request te, the CRA Board for approval -1 he C'P A Board meets on the second Tuesday of each month Applicant will be notified of the date and tunic their application will be presented to the CRA Board It is recommended that the Applicant attend IN CRA Board meeting in order to answer any questions the CRA Board may have regarding theca application. CRA staff will notify the applicant of approval or denial in writing Site Visits - CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation Staff inay also conduct unannounced site visits penodically u-. order to ensure compliance with the terms of the grant agreement Initial Expense Reimbursement - This program is designed as a quarterly reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released The CRA will provide quarterly reimbursements to the grantee upon submittal of a complete k. Reimbursement Request package The total monies expended by the grant applicant (up to a maximum of $15,000) will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request The property owner, or tenant if applicable, must complete the interior improvement protect, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within ninety (90) days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity Applicants may apply for time extensions Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by proper documentation Proper documentation will consist of: (1) Project accounting including invoices, ieceipts or other acceptable evidence of paymeni from suppliers and licensed contractor(s) that have been marked "paid" with a 'release o;' lien" signed by each. A letter, from each vendor that applicant ,s requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. Proposals for "work to be completed" or "bids" are not considered proper documentation Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check. (2) Applicant shall warrant that all bills related to the Project are paid in full including, bui not limited to, all contractors, subcontracts, labor. materials, related fees and permits. and (3) Applicant shall provide a minimum of four 3"x5' colors "during' photos and a minimum of four 3"x5' color "after" photos of the Project Photos should be from approximately the same position as the "before' photos submitted in the Application and the "during photos initials ' Page 4 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ,nljihasch,-" ') (4) For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly ReportU( CT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s -corporations and 1099-MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Quarterly Reimbursement Requests - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the three consecutive quarters following the Initial Reimbursement Request. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly ReportUS CT_6) for each consecutive quarter must be submitted. or Vv For sole proprietorships, partnerships, s -corporations and 1099-MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials ,r - Page 5 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 y wN �D DIOT)br_KkfaL01 i BOYNTON 2011/2012 Boynton Beach Community Redevelopment Agency, Commercial Interim- Build -Out Program Application (Please Type or Prime OnIN - tise Additional Sheets if Necessar%? Applicant Name Applicant Mailing Address Business Name (D/B/A if applicable) urrent Business Address �� _ L'�si t Phone 4• r )i�� Email: dla��.e_,_��., , 1 -ed Ifs Time at Current Location _I� t� r� Vonthly Rent s c Do you have ars executed lease agreenlc,l, 'es � Landlord Name 1.- fl:- c� Landlord SSN/EIN `t Landlord's Mailing Address: 1. New Business Address (�f applicablc tV <- yY`� v rl ia° r1_ New Business to Boynton Beach Yes No_" Existing Business. Yes L,' No Number of years an existence- _3� qf4l, .� - Square footage of existing location. Square footage of ne" location i`��'C }'age 6 of S o!th Fedeial lhghwav Boynton Beach, FL 33435 Phont 56I 737-3256 Fax 561 73- 3:'$h Type of Business: A;01 Number of Employees: I Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes - No If yes, what additional programs are you applying for: ki"r� '.i r_� i>> itf• G+ ��•Q ( I r) iyte c, r � I i 11'% ON( < 14Ni. V Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials Page 7 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 , i,o.nt, i!„ — ,, SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Applicant/Tenant's ignature Datc Printed Name E itle Applicant/Tenant's Signature Date Printed Name "Title STATE OF FL IDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _�/a �¢� �g 1��;> v ;_ _ _ _ . who is personally knoml- to me or produced- I ---+r �`��Z�j_ ,__ - b -- identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ` day of _ , 20'r-" � \ZTARY PUBLIC My Commission Expires , THERESA UTTERBACK v N'� t Notary Public - State of Florida Nage 8 u1 y z�• •s My Comm. Expires Jan 11, 2014 i I0 North Federal Highway �� = Commission # DO 951135 Boynton Beach, FL 33435 '•�„°;; ;.•`' Bonded National Notary Assn Phone 561-737-3256 Fax 561-737-3258 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Prope Owne 's Signature l3ate /fes Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF O Y, 00— COUNTY OF, \ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared &kr!! ((pp , who is personally known l 3t0 �� 1 Iden fication, and acknowledged to me or produced M 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 et my hand and official seal in the State and County aforesaid on this day of , 20 d- (J� M hA - NOTARY PUBLIC My Commission Expire• Page 9 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 41) THERESA UTTERBACK NotaryPublic- Shia o1 FloridaMr Comm. EXPWn Jan 11, 2014 COMINkIl n I DD 151135 _ BonNd TN" VdWW N"v Asm- 1�wP jam ti is 1, � \°{ * JUSTIFICATION FOR CRA GRANT FUNDING Commercial Interior Buildout We are converting an exercise studio space into a full service scuba dive shop. This necessitates creating: * a separate, sound proof space for the compressor system * repair station * rental room with accompanying storage racks and cabinetry * classroom space * office space * retail floor with display systems II. ELIGIBILITY REQUIREMENTS Met III. GRANT TERMS AND CONDITIONS 1900 square feet @ 640 E. Ocean Ave units 13 and 14 (see drawing) $2,000/month plus sales tax and $2,000 security deposit Tenant pays all utilities (power, water, phone and cable) Interior repairs paid by tenant Exterior repairs paid by landlord See lease IV. LIST OF JOBS CREATED/FILLED FOR SPLASHDOWN DIVERS -- I OQ 9 1. Owner/manager/captain — L r t S YV\ h1 pY) S e f $40,000/yr 60 hrs/week Friday - Wednesday _ 2. Technician/mechanic/relief captain 1,C' Y t^1 $10/hr U As needed (40+ hr/wk) 3. Divemaster/deckhand _ 1 my l S O&Y', SO n $35/trip As needed (35-70 hr/wk) 4. Instructor -- K.'eY 1 n rnQt Z $100/student As needed (20 – 40 hr/wk) 5. salesman $8/hr 40 hrs/week – T,TH,SA, SU - 8AM to 6PM I I Florida Department of Revenue `CFS IIIIIiIIIIIIIIIIII(�VIIIIIIIIIIIIIIIII Employer's IR/PCOMP ETTE ad MAIL yourr REPORT/PAYMENT c 5050 W Tennessee St Tallahassee Florida 32399-0180 Employers are required to ;ile quarterly tax/wage reports regardless gat ernplovment activity or whether any taxes are dui 8I 902C110930006E>.4C31850JL%05 Quarter Ending Due Date "e'raIN Offer ;-)ate Tax Rate IT Account Nurrbe, 09 3C/2011- -- c- Number SPLASHDOWN DIVERS INC 700 CASA LOMA BOULEVARD BOYNTON BEACH FL 33435 1 Enter the total number of full-time and part-time covered workers who performed services during or received pay for the payroll period Including the 12th of the month 2 Gross wages paid this quarter (Must total all pages) 3 Excess wages paid this quarter (see Instructions) (Only the first $7000 paid to each employee per calendar year Is taxable 4 Taxable wages for this quarter (see Instructions) 5 Tax Due (Multiply Line 4 by tax rate) 6 Penalty Due (See Instructions) 7 Interest Due (See Instructions) 8 Installment Fee (See Instructions) 9a Total Amount Due (See Instructions) . . . . . . 9b Amount Enclosed (See Instructions) . . . . . 10 EMPLOYEE'S SOCIAL SECURITY 11a EMPLOYEE'S LAST NAME 11b EMPLOYEE'S FIRST N. NUMBER - AND MIDDLE INITIAL 9z 5 9E, n I` or Official Use UrIy Postmark Date ,at Mcr t, n Fin" 12a EMPLOYEE'S GHU55 WAGES "t, EMF'LUYtt IAXAbLL ':'VAlit,, I PAID THIS QUARTER PAID THIS QUARTER i 13a TOTAL GROSS WAGES (ADD LINES 12a ONLY, _ _ I ' 3b TOTAL TAXABLE WAGES (ADD LINES 12b ONLY) If you are filing as a sole proprietor, Is this for domestic household employment only? L_i Yes No !-__1 Check if you had out-of-state wages Attach Employer's Check if final return - �L _� Quarterly Report for Out -of -State Wages (UCT-6NF1 Date operations ceased - . - 1 __J "Under penalties of perjury, I declare that I have read this return and the facts stated In it are true (sections 443 171(5) and 443 141(2) Florida Statutes) (DO NOT DETACH) Signature Date Signature o pa r'� ,6 Title Tele hone No Per parer', Telephone No _ - Lit _LL -----PRESIDENT 1(56�_736-0712j;_--_ ____- _ � 6y 004 : SPLASHDOWN DIVERS, Ili _1 4 Check here if transmitted DOR USE ONLY electronically CFsi 7 0 0 CASA LOMA BOULEVA- --funds UCT _S BOYNTON BEACH FL 3 3UT Account Number 2 7 0 53 7 C R- 01/11 POSTMARK OR HAND DELIVERY DATE_ Rule 6086-2 037 riorida Administrative Code 2705370 592775968 0 000 COG X00 000 000 000 000 0 0 0 0 IIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIII Employer's Quarterly Report Continuation Sheet Employers are required to file quarterly tax/wage reports regardless of employment a0vRy, or whether any taxes are due EMPLOYER'SNAME SPLASHDOWN DIVERS, INC. Only the first $7,000 paid to each employee per calendar year is taxable 2705370 592775968 0911 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 000 0 0 0 000 0 0 0 000 CFS1 UCT-6A R. 01111 Page I of 1 Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Flonda's taxes SSNs Rule OOBB-2 037 obtained for tax administration purposes are confidential under sections 213 053 and 119 071, Flonda Statutes, and not subtect to disclosure as public Florida Administrative Code records Collection of your SSN is authorized under state and federal law Visit our Internet site at www.myflorida corn/dor and select "Privacy Notice' for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions �,, 11205 r . i n ter,+al RevenuF Se For calendar Year 2008 or tax U.S. Income Tax Return for an S Corporation ► Do not file this form unless the corporation has filed or is attaching Form 2553 to elect to be an S corporation It, See separate instructions :008 and end,nq A ,ffe,t,,e date ll the Name "Number street room -suite ,r, r',N stale and ZIP rode 07 /1 588_ se , IRs N 2 rsr of „node sold (Schedule A Irne - _ _ - 84 , 694= SPLASHDOWN RIVERS INC B -��_ r T: ,, ccde emberlsPe n tr rt,or.sr label. Other- 237 AKRON ROAD _812 9 9 0 wise, LAKE WORTH FL 33467 C print or C, Total income (loss). Add Imes 2 througi, t� 6 µ type_ - 7 Compensation ;t officers G Is the coroe,at,o, electing to be an S corporation beg,ning with this tax year, Yes X1 No ecF (1) Fnal etur,, (2' ' _'Name change (3) ; Address ;hange (4) Amended retort (5} electron Ter min atior, i -I revocatirr I Enter the number of shareholders if, the corporation of end of the tax year -0 D Employer identificabpri nc 59-i775968µ E Date r corpo,ai~ 47/15188 c r,'ai -sets f 15tr, f If vee attar F vm ',Sc Caution Include only trade or business income ano expenses on Innes 1 a through ?' See the Instructions for more nfcrmatron i 35,272- , , , `{I, to , , Parr. a 203, 708. C Bal 6 tc 203 708 N 2 rsr of „node sold (Schedule A Irne - 2 - 84 , 694= C 3 ,,oss pinfr Subtract tine ', from Irrc 3 1.191 014 G 4 Net gaj, .Icss, from Form 470 "ar' ' rrne- attaci,rn, n7-' d M E 5 Other Income ,loss( (see instructirns attact, statement, ` 5 C, Total income (loss). Add Imes 2 througi, t� 6 µ 119014-, - 7 Compensation ;t officers 4 340 a Salaries and wages (less employment redrfs 8 irl l4epalrs and maintenance s .9.100 '0 bac I I dents ( 27,138 D - 12 1 axes anc license, i2 2 349 E 13 Ir,tere« s 1.349 D d 14 Depreclaticn not claimed on Scedule A ci elsewhere cr, return (attach Fora 456t1 r4 - 6 , 835 C 15 Depletion (Do not deduct oil and gas depletion ) 5 T 16 Advertising 6 - 4 , 847 O 17 Pension profit-sharing etc plans 17 N o 16 Employee benefit programs S 18 0 ^ 19 Other deductions (attach statement; 19 49 , 705 ._ 20 Total deductions. Add Innes 7 throt.gh -1 20 115,663 21 Ordinary business Income (loss). Subtract line 20 from line 6 if__ 21 3.351 _ 22a Fxcess net passive Income or LIFO recapture tax isee instructions) 22a T A b -ax frcm Scheoule D (Form 1120S) 22b _ X c Adz lines 22a and 22b (see the Instructlors for additional taxes] 22_c A 23a 2008 estimated fax payments ano 2007 overpayment credited to 2008 23a N D b `ay deposited with Form 7004 23b } P c ',-redit for federal tax pard on fuels (attach Fcrrr- 4 tab) 23c A d ',do lines 23a through 23c 23d -r_ Y M 24 Estimated tax penalty (See instructions, Check if i7orm 2220 is attached 24 N25 Amount owed. If line 23d is smaller than the total of lines 22c and 24 enter amount owed 25 A T 26 Overpayment. If line 23d is larger than the total of lines 22c and 24, enter amount overpaid -26-1- S 27 Enter amount of line 26 you want Credited to 2009 estimated tax ► Refunded ► 1 27 Jr de, oeralt,es of perjury I declare that I have examined this return mdudmg accompanying schedules and statements and to the best of m� kwl,e a, . Sign = n r cerre rt and romplete Decla,atron of prepare,(othrr than taxpayer) is based on all mformatmr of which prepare, hasany knowledge May the IRS d,sr ss fh—et,r' Signature of officer _ Date _ Title A» see nsnuct,onsr®Yes _ No Prep arer's Paid signature Date Check d self- 02/09/10 ,employed Preparer s SSN or PTrn P00045.49_4_ _ __ Preparer's — MORNING STAR FINANCIAL SVCS, PA ENi _V _ 65-0103409 Firm's name (or yours -- -- Use Only rfself-employed) '639 EAST OCEAN AVE SUITE 309___ _Phone,, address, and ZIP BOYNTON BEACH FL 33435 (561)369-1004 For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 1120S I2ocF, SBA CopVnght 2008 Saxon Tax Software Form 1120S U.S. Income Tax Return for an S Corporation ► Do not file this form unless the corporation has filed or is attaching Form 2553 to elect to be an S corporation. D>partment of the Treasury Intel ,at Revenue Service ► See separate instructions. For calendar year 2009, or tax year beginning 2009, and ending A s election-ffective date Use the Name Number street, room/suite no City, state, and ZIP code 07/5/88 IRS SPLASHDOWN DIVERS, INC. 13 Bus-nessactivitycode label. numberisee urstructionsl Other- 237 AKRON ROAD 812990 wise, ' LAKE WORTH, FL 33467 C Check,fSch M-3 print or attached II type. G Is the corporation electing to be an S corporation begining wrth this tax year? ❑ Yes ® No R Check If (1) ❑ Final return (2) ['j Name change (3) ❑ Address change (4) ❑ Amended return (5) ❑ S election termination or revocation l Enter the number of shareholders who were shareholders during any part of the tax year OMB No 1545-0130 2009 20 D Employer identification no. 59-2775968 _ E Date incorporated F Total assets (see Instructions) $ 9s; 9ns If "Yes", attach Form 2553 If not already filed Caution: Include only trade or business Income and expenses on lines 1 a through 21 See the instructions for more information I la Gross receipts or safes j 150 042 .I b Less returns and allowances { I e Bal ► lc ►1 I N 2 I Cost of goods sold (Schedule A, line 8) 2 77,241. C 3 Gross profit Subtract line 2 from line 1c 3 72 , 801. O 4 Net gain (loss) from Form 4797, Fart II, line 17 (attach Form 4797) 4 E i 5 Other Income (loss) (see Instructions - attach statement) 5 __ 6 Total income (loss). Add lines 3 through 5 ► 6 72,801. 7 Compensation of officers 7 1 11 56.8 r 056- 8 Salaries and wages (less employment credits) 8 j 9 Repairs and maintenance 9 3,149. 110 Bad debts 10 0 . E F Rents 11 25,711 . iii D E n 112 Taxes and licenses 12 1 , 741. ER i13 Interest 13 34 U : I 114 Depreciation not claimed on Scedule A or elsewhere on return (attach Form 4562) ( 14 y 4,661 . a ,U ,15 Depletion (Do not deduct oil and gas depletion.) j 15 T U T :16 Advertising 16 2,560. i O T T 117 Pension, profit-sharing, etc. plans 17 _ 0 . N I ; :18 Employee benefit programs 18 0. S " 119 Other deductions (attach statement) . 19 34,188 . s s)i 20 Total deductions. Add lines 7 through 19 20 83,100. 21 Ordinary business income (loss). Subtract line 20 from line 6 ► 21 -10,299. T 122a Excess net passive income or LIFO recapture tax (see instructions) 22a A b Tax from Schedule D (Form 1120S) 22b X j c Add lines 22a and 22b (see the instructions for additional taxes) 22c N i 23a 2009 estimated tax payments and 2008 overpayment credited to 2009 1 23a I D b Tax deposited with Form 7004 23b P c Credit for federal tax paid on fuels (attach Form 4136) 23c A Y d Add lines 23a through 23c 23d -- M I24 Estimated tax penalty (See instructions) Check if Form 2220 is attached ► ❑ 24 E' 25 Amount owed. If line 23d is smaller than the total of lines 22c and 24, enter amount owed 25 N — T i 26 Overpayment. If line 23d is larger than the total of lines 22c and 24, enter amount overpaid. 26 S , 27 Enter amount of line 26 you want Credited to 2010 estimated tax No. Refunded ► 27 II Under penalties of penury I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belie` Sign 1 it is true correct, and complete Declaration of prepare (other than taxp aye rl is based on all into rmatwn of which prep arer has any knowledge. Maythe IRS discuss this return Here I with the preparer shown below, Signature of officer Date , Titletree instructions)?3 Yes G No signature Date Check if self- Preparer's SSN or PTIN Paid signature 03/11/11 employed P00045494_ Preparer's Firm's name (or yours MORNING STAR FINANCIAL SVCS PA EIN 65-0103409 Use Only I If self-employed), '639 EAST OCEAN AVE SUITE 309 Phone no. jaddress, and ZIP BOYNTON BEACH FL 33435 561 369-1004 For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 1 1205 (2009) SBA Copyright 2009 Saxon Tax Software 1120S U.S. Income Tau Return for an S Corporation Form ► Do not file this form unless the corporation has filed or is attaching Form 2553 to elect to be an S corporation Department of the Treasury Internal Revenue Service I ► See separate Instructions. For calendar year 2010, or tax year beginning 2010, and ending A S election effective date Use the I Name Number, street room/suite no City state and ZIP code 07/15/88 IRS SPLASHDOWN DIVERS, INC. B Business activity code label. number(ses instructions) Other- I 237 AKRON ROAD 812990 wise, i LAKE WORTH, FL 33467 C Check if Sch M-3 print ortype. attached ❑ 'AAB No 2010 D Employer identification no J7 -6!/J70 E Date Incorporated rFTolal assets (see Instructions) — _- - 29, 594._ G Is the corporation electing to be an S corporation begining with this tax year? ❑ Yes ❑ No If "Yes", attach Form 2553 it not already filed H Check if (1) ❑ Final return (2) ❑ Name change (3) ❑ Address change T A 1 _ b Tax from Schedule D (Form 1120S) I 22b (4) ❑ Amended return (5) ❑ S election termination or revocation X c Add lines 22a and 22b (see the Instructions for additional taxes) 22c I Enter the number of shareholders who were shareholders during any part of the tax year P Caution: Include only trade or businessand expenses on lines 1 a through 21 See the instructions for more information b Tax deposited with Form 7004 23b ^ �_ i 1a 11 Gross receipts or sales L 71 , 19 0 , b Less returns and allowances Ill.Income c Bal is 171 , p_ 19 0 I N 2 Cost of goods sold (Schedule A, line 8) _2 4.6,98-5. ► ❑ 24 r - C 3 Gross profit Subtract line 2 from line 1c X25 124, 205. 0 4 Net gain (loss) from Form 4797, Part 11, line 17 (attach Form 4797; Form 1120S (2010) the Page 2 1 Inventory at beginning of year .. ...... . . . ........ ......... .. . ....... . . 1 12,517. 2 Purchases.. . ... .. .. ...... .......... 2 33,568. 3 Cost of labor ...... ..... .... ........... ... ........ .. .... ............ 3 4 Additional section 263A costs (attach statement) .... . . ... 4 5 Other costs (attach statement) .. . ........... ...... .. 5 18,448, 6 Total. Add lines 1 through 5 ... .... .... ... .. .. .. ..... 6 64,533. 7 Inventory at end of year ....... . .. ..... .... .... 7 17,548, 8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on page 1, line 2 ......... . ..... .... 8 1 46,985, 9a Check all methods used for valuing closing inventory: (i) ❑ Cost as described in Regulations section 1.471-3 (ii) ® Lower of cost or market as described in Regulations section 1471-4 (iii) ❑ Other (specify method used and attach explanation) 00. b Check if there was a writedown of subnormal goods as described in Regulations section 1.471-2(c)... . . . ► ❑ c Check if the LIFO inventory method was adopted this tax year for any goods (if checked, attach Form 970) ..... . . .... ....► d If the LIFO inventory method was used for this tax year, enter percentage (or amounts) of closing inventory computed under LIFO . ... .. . . ... 19d e If property is produced or acquired for resale, do the rules of Section 263A apply to the corporation? . . . ❑ Yes X No f Was there any change in determining quantities, cost, or valuations between opening and closing inventory? ❑ Yes X No If "Yes," attach explanation. Schedule 13 Other Information (See instructions) Yes No 1 Check accounting method (a) ® Cash (b) ❑ Accrual (c) ❑ Other (specity) ► 2 See the instructions and enter the. (a) Business activity PP. BOAT CHARTERS (b) Product or service► SCUBA DIVING 3 At the end of the tax year, did the corporation own, directly or indirectly, 50% or more of the voting stock of a domestic corporation? (For rules of attribution, see section 267(c).) If "Yes," attach a statement showing: (a) name and employer identification number (EIN) (b) percentage owned, and (c) if 100% owned, was a QSub election made? . X 4 Has this corporation filed, or is it required to file, Form 8918, Material Advisor Disclosure Statement, to provide information on any reportable transaction? .. X 5 Check this box if the corporation issued publicly offered debt instruments with original issue discount ► ❑ If checked, the corporation may have to file Form 8281, Information Return for Publicly Offered Original Issue Discount Instruments. 6 If the corporation: (a) was a C corporation before it elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a C corporation and (b) has net unrealized built-in gain in excess of the net recognized built-in gain from prior years, enter the net unrealized built-in gain reduced by net recognized built-in gain from prior years (see instructions) .... . ...... ...... .. .... ► $ 7 Enter the accumulated earnings and profits of the corporation at the end of the tax year. ... $ 0. 8 Are the corporation's total receipts (see the instructions) for the tax year and its total assets at the end of the tax year less than $250,000? If "Yes," the corporation is not required to complete Schedules L and M-1. X X 9 During the year, was a qualified subchanpter S subsidiary election terminated or revoked? If "Yes," see instructions ... ..... Schedule K Shareholders' Pro Rata Share Items Total amount 1 Ordinary business income (loss) (page 1, line 21) ..... 1 -16,612. 2 2 Net rental real estate income (loss) (attach Form 8825) . 3c N C 0 3a Other gross rental income (loss) .. ... . . ... I 3a b Expenses from other rental activities (attach statement). ... 3b c Other net rental income (loss). Subtract line 3b from line 3a . ... . ... ...... ... M E 4 Interest income .. ...... 5 Dividends: a Ordinary dividends . ..... 58 (L O b Qualified dividends ..... .... 5b S 6 Royalties . . ... ..... S) 7 Net short-term capital gain (loss) (attach Schedule D (Form 1120S)) . 8a Net long-term capital gain (loss) (attach Schedule D (Form 1120S)) b Collectibles (28%) gain (loss) 8b c Unrecaptured section 1250 gain (attach statement) ... ... Sc 9 Net section 1231 gain (loss) (attach Form 4797) .... . 10 Other income (loss) (see instructions) . Type ► SBA Copyright 2010 Saxon Tax Software . .... .... .. ...6 J7 8a 9 10 Form 1120S (2010) SPLASHDOWN DIVERS, INC. 59-2775968 Form 1120S(2010) Shareholders' Pro Rata Share Items (continued) Deduc- 11 Section 179 expense deduction (attach Form 45621 tions 12a Contributions b Investment interest expense c Section 59(e)(2) expenditures (1) Type ► _ _� d Other deductions (see instructions) Type ► Credits Foreign Trans- actions Alter- native Mini- mum Tax (AMT) Items Items Affect- ing Share- holder Basis Other Infor- mation Page 3 Total amount 12a 12b (2)Amount ► 1,12c(2) t---- — - - 13a Low-income housing credit (section 42(1)(5)) 13a I b Low-income housing credit (other) 13b c Qualified rehabilitation expenditures (rental real estate) (attach Form 3468) 13c d Other rental real estate credits (see instructions) Type ►_ _ 13d e Other rental credits (see instructions) Type ► _ _ 13e f Alcohol and cellulosic biofuel fuels credit (attach Form 6478) 13f g Other credits (see instructions) Type ► J 13g 14a Name of country or U S possession ► b Gross income from all sources c Gross income sourced at shareholder level Foreign gross income sourced at corporate level d Passive category e General category f Other (attach statement) Deductions allocated and apportioned at shareholder level g Interest expense h Other Deductions allocated and apportioned at corporate level to foreign source income i Passive category I General category k Other (attach statement) Other information I Total foreign taxes (check one) ► ❑ Paid [ Accrued m Reduction in taxes available for credit (attach statement) n Other foreign tax information (attach statement) 15a Post -1986 depreciation adjustment b Adjusted gain or loss c Depletion (other than oil and gas) d Oil, gas, or geothermal properties --gross income e Oil, gas, or geothermal properties --deductions f Other AMT items (attach statement) 16a Tax-exempt interest income b Other tax-exempt income c Nondeductible expenses d Property distributions e Repayment of loans from shareholders 17a Investment income b Investment expenses c Dividend distributions paid from accumulated earnings and profits d Other items and amounts (attach statement) Recon- Income/loss reconciliation. Combine the amounts on lines 1 through 10 in the far right column ciliation From the result, subtract the sum of the amounts on lines 11 through 12d and 141 SBA Copyright 2010 Saxon Tax Software 14b j 14c I r4 14f�-4 - - -- - - { 149 14h i F4i _ 141 - 14k 141 tom I 1 15a =1391_ 15b 15c_ t5d - - � 15e--= - �15f t 16a 16b 16d 16e ---- 17a t7b 17c ` 18 -16,612. Form 1120S (2010) rorm n ew (zu1 u) rage -t Schedule L Balance Sheets per Books Beginning of tax year End of tax year Assets 1 Cash .... ............. .. 2a Trade notes and accounts receivable ..... b Less allowance for bad debts 3 Inventories ........ ... 4 U.S. government obligations ........ 5 Tax-exempt securities (see instructions) .. 6 Other current assets (attach statement) ...,; 7 Loans to shareholders ............... 8 Mortgage and real estate loans . ....��, 9 Other investments (attach statement)..... . 10a Buildings and other depreciable assets b Less accumulated depreciation. ... ... Ila Depletable assets . . .. ... .. . b Less accumulated depletion ........ 12 Land (net of any amortization) . 13a Intangible assets (amortizable only) .... b Less accumulated amortization . . . 14 Other assets (attach statement) .. ..... 15 Total assets . . ............. Liabilities and Shareholders' Equity 16 Accounts payable ... .. . ...... ... 7 Mortgages, notes, bonds payable in less than 1 yr. 8 Other current liabilities (attach statement)... 9 Loans from shareholders .. !0 Mortgages, notes, bonds payable in 1 year or more 11 Other liabilities (attach statement). . . 1 Capital stock ....... ... 3 Additional paid -in capital ....... ...... . 4 Retained earnings ... ... ... ..... 5 Adjustments toshareholders'sequity (attach stm.) 6 Less cost of treasury stock......... 7 Total liabilities and shareholders' equity. a (b) (c) (d 519. 2 7 8 . 6 Deductions included on Schedule K, lines ( ) ( ) r . 284, 217. 129517. F ; ; 284,217. 17,548. against book income this year (itemize): a Depreciation $ a Depreciation $ b Travel and $ entertainment 11E369. 6,760. ( 272,848) ( 277,457) 16,612. —16 612. Schedule M-2 Analysis of Accumulated Adjustments Account, Other Adjustments Account, and Shareholders' Undistributed Taxable Income Previous) Taxed (see instructions) (a) Accumulated (b) Other adjustments (c) Shareholders' adjustments account account undistributed taxable income Previously taxed -194,764. 0. 0 . ( ) ( ) 2,500. 2,500. 26,905. 29 594. 1,130. 852. 214,470. 227,249. 3,569. 10 369. 2,500. 2 500. -194,764. -211,376. ( ) ( ) 26 905. 29,594. Schedule M-1 Reconciliation of Income (Loss) per Books With Income (Loss) Der Return Note: Schedule M-3 required instead of schedule M-1 if total assets are $10 million or more -see Intructlons 1 Net Income (loss) per books -16,612. 5 Income recorded on books this year not 2 Income included on Sch K, lines 1, 2, 3c, 4, 5a, 6, 7, included on Schedule K, Imes 1 through 10 (itemize): Be, 9, and 10, not recorded on books this yr (itemize) a Tax-exempt int $ 3 Expenses recorded on books this year not 6 Deductions included on Schedule K, lines Included on Schedule K, lines 1 through 1 through 12, and 141, not charged 12, and 141 (itemize), against book income this year (itemize): a Depreciation $ a Depreciation $ b Travel and $ entertainment 7 Add Imes 5 and 6 ... ..... . ... . . . 8 income (loss)(ScheduIs K, line 18). Lme4lese line 7 4 Add lines 1 through 3 . ..... ....... 16,612. —16 612. Schedule M-2 Analysis of Accumulated Adjustments Account, Other Adjustments Account, and Shareholders' Undistributed Taxable Income Previous) Taxed (see instructions) (a) Accumulated (b) Other adjustments (c) Shareholders' adjustments account account undistributed taxable income Previously taxed -194,764. 0. 0 . 1 Balance at beginning of tax year ............ 2 Ordinary income from page 1, line 21 ..... I Other additions . 4 Loss from page 1, line 21 .. . ... .. ( 16,612.) 5 Other reductions . ( 0 ,) ( ) 6 Combine lines 1 through 5. . ...... -211,376. 7 Distributions other than dividend distributions 8 Bal. at end of tax year Subt. line 7 from line 6 —211,376. 0. 1 0. SBA Coovriaht 2010 Saxon Tax Software Form 1120S (2010) 4562 Depreciation and Amortization OMB No 1545-01 , Form - --- - - - - (including Information on Listed Property) 2010 Department of the Treasury Attachment Internal Revenue Service ► See separate instructions. ► Attach to your tax return. Sequence No 67 Names) shown on return Business or activity to which this form relates Identifying number SPLASHDOWN DIVERS, INC. 1120S - Page 1 59-2775968 ,- Part I Election To Expense Certain Property Under Section 179 _ Note: If you have any listed property, complete Part V before you complete Part 1 1 Maximum amount See the Instructions for a higher limit for certain businesses 1 50010.00. 2 Total cost of section 179 property placed In service (see Instructions) 3 Threshold cost of section 179 property before reduction in Ismitatlon (see instructions) 3 2� 000 , 000. 4 Reduction in limitation Subtract line 3 from line 2 If zero or less, enter -0- 4 5 Dollar limitation for tax year Subtract line 4 from line 1 If zero or less, enter -0- If married filing separately, see Instructions 5 _ _ 6 (a) Description of property (b) Cost (busmess use only) (c) Elected cost _ 7 Listed property Enter the amount from line 29 I - - -- 8 Total elected cost of section 179 property Add amounts in column (c), lines 6 and 8 -- I - 9 Tentative deduction Enter the smaller of line 5 or line 8 9 10 Carryover of disallowed deduction from line 13 of your 2010 Form 4562 10 i 11 Business income limitation Enter the smaller of business Income (not less than -0-) or line 5 (see instructions) t 1 12 Section 179 expense deduction Add lines 9 and 10, but do not enter more than line 11 �12 T 13 Carryover of disallowed deduction to 2011 Add lines 9 and 10, less line 12 ► r13� - Note: Do not use Part II or Part III below for listed property Instead, use Part V _ Part It Special Depreciation Allowance and Other Depreciation (Do not Include listed property) (See Instructions) 14 Special depreciation allowance for qualified property (other than listed property) placed In service during the tax year (see Instructions) _4 _ 15 Property subject to section 168(f)(1) election t5 16 Other depreciation (Including ACRS) _ 16 _- Part III MACRS Depreciation (Do not include listed property ) (Seethe Instructions) Section A 17 MACRS deductions for assets placed In service in tax years beginning before 2010 X17 - 4 - 4 , 609. r- 18 If you are electing to group any assets placed In service during the tax year Into one or more general asset accounts check here ► L� Section B --Assets Placed in Service During 2010 Tax Year Using the General Depreciation System (b) Month and (c) Basis for der (d) Recovery (g) Depreciation (a) Classification of property year placed In (business/mvestmen ose period(e) Convention! (f) Method deduction service only -see instructions) _ --- __ - - -_ --t 19a 3 -year property b 5 -year property _ c 7 -year property d 10 -year property e 15 -year property -- f 20 -year property+ g 25 -year property - -- - - - 25 yrs --*— -------t- S/L - -- - h Residential rental 27 5 yrs MM S/L property 27 5 yrs MM S/L — - - I Nonresidential real '- 39 yrs. MM S/L roperty -- -- MM S/L - --- - -. Section C --Assets Placed in Service During 2010 Tax Year Using the Alternative Depreciation System 20a Class life - S/L b 12 -year 12 yrs - -- - -- - S/L c 40-year41 O yrs MM SIL - N -- Part IV Summary (seethe Instructions) -- 21 Listed property Enter amount from line 28 _21 22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21 Enter here and on the appropriate lines of your return Partnerships and S corporations -see Instructions 22 4,609. 23 For assets shown above and placed In service during the current year, enter the portion of the basis attributable to section 263A costs ; 23 i I For Paperwork Reduction Act Notice, see separate Instructions. Form 4562 (2010) Part IV Summary (seethe Instructions) -- 21 Listed property Enter amount from line 28 _21 22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21 Enter here and on the appropriate lines of your return Partnerships and S corporations -see Instructions 22 4,609. 23 For assets shown above and placed In service during the current year, enter the portion of the basis attributable to section 263A costs ; 23 i I For Paperwork Reduction Act Notice, see separate Instructions. Form 4562 (2010) 1120S - Page 1 59-2775968 Form 4562 (2010) SPLASHDOWN DIVERS, INC. Page 2 Part V Listed Property (Include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for entertainment, recreation, or amusement.) Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 24a, 24b, columns (a) through (c) of Section A, all of Section B, and Section C if applicable. Snr_tion A --Depreciation and Other Information (Caution: See the instructions for limits for Dassencer automobiles t 24a Do you have evidence to support the business/investment use claimed? ❑ Yes ❑ No 24b If "Yes," is the evidence written? ❑ Yes ❑ No (a) (b) investment (d) Basis for depr. M (g) (h) Elected Type of property Date placed use Cost or other (busn./investment Recovery Method/ Depreciation section 179 (list vehicles first) in service percentage basis use only) period Convention deduction cost 25 Special allowance for qualified listed property placed in service during the tax year and used more than 50% in a qualified business use (see instructions) . .......... .... ........ . ...... 25 miles driven ........ . . ... ........ 26 Property used more than 50% in a qualified business use: 27 Property used 50% or less in a qualified business use- % S/L - % S/L - % S/L - 28 Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1 28 29 Add amounts in column (i), line 26 Enter here and on line 7, page 1 .. ... . ... 29 Section B --Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5% owner," or related person. If you provided vehicles to vour emolovees. first answer the ouestions in Section C to see if you meet an exception to comDletino this section for those vehicles 30 Total business/investment miles driven (a) (b) (c) (d) (e) (f) during the year (do not include commuting Vehicle 1 Vehicle 2 Vehicle 3 Vehicle 4 Vehicle 5 Vehicle 6 amount section this year miles) ..... percentage `1 Total commuting miles driven during the year Total other personal (noncommutmg) miles driven ........ . . ... ........ 33 Total miles driven during the year. Add lines 30 through 32 ....... . . Yes No Yes No Yes No Yes No Yes No Yes No 34 Was the vehicle available for personal use during off-duty hours? • • • .. ............ • 35 Was the vehicle used primarily by a more than 5% owner or related person? 36 Is another vehicle available for personal use? ..... .. . Section C --Questions for Employers Who Provide Vehicles for Use by Their Employees Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not more than 5% owners or related persons see the instructions). 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your Yes No employees? . . .... . ...... ...... ...... 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? Seethe instructions for vehicles used by corporate officers, directors, or 1% or more owners 39 Do you treat all use of vehicles by employees as personal use? , , , _ , ... ... . . . . . . 40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? ... ...... .... ....... 41 Do you meet the requirements concerning qualified automobile demonstration use? (See the instructions ) ........... Note: If your answer to 37, 38, 39, 40, or 41 is "Yes," do not complete Section B for the covered vehicles. Part A Amortization (a) (b) (c) (d) (e) (f1 Description of costsbegins [Date amortization Amortizable Code Amort¢ation period or Amortization for amount section this year percentage r2 Amortization of costs that begins durina vour 2010 tax vear (see the 43 Amortization of costs that began before your 2010 tax year ... ... .. .... .. .. . ... .. .1 43 j 44 Total. Add amounts in column (f). See the instructions for where to report 44 SBA Copyright 2010 Saxon Tax Software Form 4562 (2010) Form 7004 (Rev December 2008) Department of the Treasury Internal Revenue Service Type or I Name Print File by the due date for the return for which an extension is requested See Instructions Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns ► File a separate application for each return. ► See separate Instructions. SPLASHDOWN Number, street, and room or suite no If P O box, see Instructions OMB No 1545 -0233 Identifying number 59-2775968 ___ City town, state, and ZIP code (If a foreign address, enter city, province or state, and country (follow the country's practice for en ering postal code)) ----------- - ---- Note. See instructions before compthis form. leting _ Part I Automatic 5 -Month Extension Complete if Filing Form 1065,1041, or 8804 1 a Enter the form code for the return that this applicat ion is for see below --- — -T -- Application Form Application Form Is For: Code Is For: Code Form 1065 09 Form 1041 (estate) 04 Form 8804 31 Form 1041 (trust) _ �_____-_� __ 05 Part II Automatic 6 -Month Extension Complete if Filing Other Forms b Enter the form code for the return that this application is for (see below) Application Is For: Form 706-GS(D) Form Code _ 01 Application Form Is For: Code Form 1120-PC— Form 706-GS(T) 02 Form 1120-POL 22 Form 1041-N 06 Form 1120 -REIT — 23 — Form 1041 -OFT 07 Form 1120 -RIC 24 Form 1042 08 Form 1120S 25 Form 1065-B 10 Form 1120 -SF 26 Form 1066 11 Foran 3520-A27 _ Fong 1120 12 Form 8612 _ 28 Form 1120-C 34 Form 8613 29 Form 1120-F i5 Form 8725 30 Form 1120 -FSC 16 Form 8831 32 Form 1120-H 17 Form 8876 33 Form 1120-L 18 Form 8924 35 Form 1120 -ND 19 Form 8928 36 Form 1120 -ND (section 4951 taxes) 20 ` 2 If the organization Is a foreign corporation that does not have an office or place of business in the United States, check here 3 If the organization is a corporation and Is the common parent of a group that intends to file a consolidated return, check here If checked, attach a schedule, listing the name, address, and Employer Identification Number (EIN) for each member covered by this application_ ► [� ► ❑ --- Part III All Filers Must Complete This Part 4 If the organization is a corporation or partnership that qualifies under Regulations section 1 6081-5, check here ►ED 5a The application is for calendar year 20 10 , or tax year beginning _ _ _ 20____ , and ending _ , 20 b Short tax year. If this tax year is less than 12 months, check the reason ❑ Initial return ❑ Final return ❑ Change in accounting period ❑ Consolidated return to be filed 6 Tentative total tax 7 Total payments and credits (see instructions) 6 0. 7 0. 8 Balance due. Subtract line 7 from line 6 Generally, you must deposit this amount using the Electronic Federal Tax Payment System (EFTPS), a Federal Tax Deposit (FTD) Coupon, or Electronic Funds Withdrawal (EFW) (see instructions for exceptions) 8 1 0. For Paperwork Reduction Act Notice, see Instructions. Form 7004 (Rev 12-2008) ODA r,. ... i_k# ,5nna Q.- To QMtuunra SPLASHDOWN DIVERS, INC. 59-2775968 Form 1120S - For Year Ended 12/31/10 Page 1, Line 12 - Taxes and Licenses Licenses and fees Payroll taxes Page 1, Line 19 - Other Deductions Auto and truck expenses Bank charges Credit card fees Fuel Insurance Legal and professional svcs Postage and express services Telephone Page 2, Schedule A, Line 5 - Other Costs Subcontractors Page 4, Schedule L, Line 14 Other Assets Security Deposit - Rent Page 4, Schedule L, Line 18 Other Current Liabilities State sales tax liability Payroll taxes payable IRS Notes: Note 1 Beginning Ending 2,500. 2,500. 2,500. 2,500. Beginning Ending 457. 673. 1,130. 148. 704. 852. 1,541. 388. 1,929. 9,983. 741. 4,201. 10,882. 2,884. 7,856. 110. 7,062. 43,719. 18,448. 18,448. Election of accounting method under revenue procedure 2000-22 'I corporation hereby elects to utilize the cash method of accounting as permitted by revenue procedure 2000-22 and notice 2001-76, 2001-52 IRB for this and all future years as permitted by the above and future IRS rulings and promulgations. For Privacy Act and For IRS Use Only 11 Section 179 deduction 16 Items affecting shareholder basis 11i 2 Other deductions I 17 ether information i -- tit Reduction Act Notice, see Instructions for Form 1120S. attached statement for additional information Schedule K-1 (Form 1120S) 2010 SCHEDULE K-1,�0� O Final K-1 ,-1 Amended K-1 OMB No 1545-0130 (Form 1120S) Shareholder's Share of Current Year Income, For calendar year 2010 or tax Deductions, Credits, and Other Items Department of the Treasury Internal Revenue Service year beginning`______ _ _ 2010 i ' Ordinary hu„ness income (loss) 131 ending----_--_-- 20-- ( -16,612._-- Shareholder's Share of Income, Deductions, ( 2 -...No! ental e„1—Iafe—ome'ioss) Credits, etc. ► See page 2 of form and separate Instructions. 3Other net rental into me(ioss, g; InfoirmationtAbout the Corporation - -- - - -- - - - - - --- 4 interest mcom, A Corporation's employer identification number 59-2775968 ; sa Ordinary dividends —'-------'--- —y _ B Corporation's name, address, city, state, and ZIP code — SPLASHDOWN DIVERS, INC. slb Oualrfied drv�dends ^— 14 coreign transactions 237 AKRON ROAD s Ro yyalt e _-- LAKE WORTH, FL 33467 C IRS Center where corporation filed return , Not short term capital gain (loss) Ogden -- — -- --- -- --- - I 8a Net long term capital gain (loss) 8b Collectibles 128%)gain (loss) i Information About the Shareholder - - - 8C ! Unrecaptured section 1250 gain D Shareholder's identifying number t--+-------- -------�--- � - - -- 258-96-5564 No, settlor, 1,131 gain (loss, — E Shareholder's name, address, city, state, and ZIP code S f 10 Other �ncn rnetlnss; 15 4iternativen— tax(AMT) items LYNN A SIMMONS -- 3 91 _ 237 AKRON ROAD -- -- - LAKE WORTH FL 33467 F Shareholder's percentage of stock ownership for tax year 100 % For Privacy Act and For IRS Use Only 11 Section 179 deduction 16 Items affecting shareholder basis 11i 2 Other deductions I 17 ether information i -- tit Reduction Act Notice, see Instructions for Form 1120S. attached statement for additional information Schedule K-1 (Form 1120S) 2010 SPLASHDOWN DIVERS, INC. Tax Return Summary For Years 2007 - 2010 2007 Income 2008 2009 2010 Net sales ..................... 252,107. 203,708. 150,042. 171,190 Cost of goods sold............ 131,781. 84,694. 77,241. 46,985 Gross profit .................. 120,326. 119,014. 72,801. 124,205 Net gain (loss) from Form 4797 -716. Total income ................ 119,610. 119,014. 72,801. 124,205 Deductions Compensation of officers...... 4,340. 4,340. 11,056. 11,800 Repairs and maintenance....... 20,559. 19,100. 3,149. 20,150 Rents ......................... 24,834. 27,138. 25,711. 46,498 Taxes and licenses............ 2,695. 2,349. 1,741. 1,929 Interest ...................... 9,853. 1,349. 34. 9,040 Depreciation .................. 24,213. 6,835. 4,661. 4,609 Advertising ................... 896. 4,847. 2,560. 3,072 Other deductions .............. 42,423. 49,705. 34,188. 43,719 Total deductions............ 129,813. 115,663. 83,100. 140,817 Net ordinary income (loss)...... -10,203. 3,351. -10,299. -16,612 Calculated Tax .................. Scnedule K Items to Shareholders Income (Loss) Ordinary income (loss) - page 1 -10,203. 3,351. -10,299. -16,612 Net section 1231 gain (loss).. -7,500. Deductions Charitable contributions...... 5,031. 6,814. Foreign taxes (not reflected) Alternative Minimum Tax Items Post '86 Depreciation adjustment -1,686. -3,278. -2,384. -1,391 Items affecting SH Basis Nondeductible expenses........ 5,367. 6,200. Property distributions........ 14,700. 17,000. Fnrm 1096 Annual Summary and Transmittal of Department of the Treasury U.S. Information Returns Internal Revenue Service FILER'S name SPLASHDOWN DIVERS, INC Street address (Including room or suite number) 700 CASA LOMA BOULEVARD City, state, and ZIP code BOYNTON BEACH FL 33435 Name of person to contact LYNN SIMMONS Email address Telephone number For Official Use Only 561 736-0712 ------- — - 1, 1 1 1 -TTT1 _ i m Fax number Employer identification number 2 Social security number 3 Total number of 59-2775968 forms , I 1 1 Enter an "X" In only one box below to indicate the type of form being filed W -2G 1098 1098-C 1098-E 1098-T 1099-A 1099-B 32 81 78 84 83 BG 79 J� �I 4 Federal income tax withheld i 5 Total amount reported with this Forrr 1096 $ 0 . 001$ 5972. 00 If this is your final return, enter an "X" here ► L_ 1099-C 1099 -GAP 1099 -DIV 1099-G 10994- 1099 -INT 'C99 -LTC 65 91 86 1099-MISC 1099-OID 1099-PATR 1099-01099-R j 1099-S 1099 -SA 3921 3922 5498 5498 -ESA .- 5498 -SA T 95 96 97 3' i 98 75 94 26 I� Return this entire page to the Internal Revenue Service. Photocopies are not acceptable. Under penalties of perjury, I declare that I have examined this return and accompanying documents and to the best of my knowledge and belief they are true correct, and complete Signature 0 Title ► PRESIDENT Date ► EMPLOYER COPY ONLY DO NOT FILE THIS COPY WITH THE IRS ❑ VOID ❑ CORRECTED PAYER'S name, street address, city, state, ZIP code, and telephone no Form 1 Rents 2 Royalties OMB No 1545-0115 SPLASHDOWN DIVERS, INC. '700 CASA LOMA BOULEVARD )YNTON BEACH FL 33435 $ $ 2010 Miscellaneous Income 3 Other income $ 4 Federal income tax withheld $ 5 Fishing boat proceeds 6 Medical a health care payments t561) 736-0712 $ $ Form 1099-MISC PAYER'S federal identification number 59-2775968 RECIPIENTS identification number 729-12-0680 7 Nonemployee compensation $ 5972.00 8 Substitute payments in lieu of dividends or interest $ Copy C For Payer For Privacy Act RECIPIENT'S name 9 Payer made direct sales of 10 Crop insurance proceeds $ MARIE ODNEY Street address (including apt no 5970 I THACA CIRCLE WEST City, state, and ZIP code LAKE WORTH FL 33463 $5,000 or more of consumer products to a buyerReduction (recipient) for resale ❑ and Paperwork Act Notice, see the 2010 General Instructions for Certain Information Returns. 13 Excess olden parachute payments $ 14 Gros roceeds paid to an atst�may $ 15a Section 409A deferrals $ 15b Section 409A income $ 16 State tax withheld $ 17 State/Payer's state no 18 State income $ Account number (see instructions) 2nd TIN Not ---------------------------- --- -------------------- ------------ ---------------------------- ------------------------------ Form 1099-MISC Department of the Treasury - Internal Revenue Service DXA 26'-3' k6-k)'4a,4-,L 06 C. L -k / 3 _6 - LL< ; � OCEAN PLAZA LEASE INDEX ARTICLE PAGE I Basic Lease Provisions 2 II Rent III Construction of Leased Premises IV Conduct of Business by Tenant V Security Deposit VI Signs, Merchandise Display, Alterations and Liens c� VIl Repairs, Maintenance and Access by Landlord 1 tl VIII Indemnity and Exculpation: Insurance 12 IX Quiet enjoyment 13 X Assignment and Subletting 13 XI Utilities 14 XII Default 15 XII Waiver and Estoppel 1 ;, XIV Attornment and Subrogation 17 XV Condemnation 18 XVI Miscellaneous 18 XVII Environmental 20 OCEAN PLAZA LEASE AGREEMENT THIS LEASE, dated this 21st day of December 2011 by and between High Ridge Properties, LLC (the "Landlord"), whose address is 640 East Ocean Avenue, Suite 19, Boynton Beach, FL 33435, and Splashdown Divers, Inc., whose address is 700 Casa Loma Blvd, Boynton Beach, FL 33435 and Lynn A. Simmons, whose address is 237 Akron Rd, Lake Worth, FL 33467 (the "Tenant"). ARTICLE I — BASIC LEASE PROVISIONS WITNESSETH: Section 1.01 Leased Premises (A) In consideration of the rents, covenants, conditions and agreements hereafter reserved and contained on the part of the Tenant to be observed and performed, the Landlord demises and lets to the tenant, and Tenant rents from the Landlord, those certain premises now existing or hereafter to be erected in Ocean Plaza, 640 East Ocean Avenue, Boynton Beach, FL 33435 and more specifically described as Units 13 and 14. (B) The premises extend to the exterior faces of all exterior walls and to the center line (C/L) of walls separating the premises in the same building (complex) not demised under this lease. (C) Together with the appurtenances specifically granted in this lease, including the non-exclusive use in common with others of the Common Areas as herein more fully provided, but reserving and excepting to the Landlord (i) the use of (a) the exterior faces of the exterior walls, (b) the roof, (c) the lower surface of the floor slab of any higher floor, and (ii) the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through the premises in locations which will not materially interfere with Tenant's use thereof, and serving other parts of the building (complex) containing the demised premises. Section 1.02 Length of Term M-_ The term of this lease shall be for one year and 10 (se.�#oe�) days. Section 1.03 Commence of Term The term of this lease shall commence on December 21, 2011 and end on December 31, 2012. Unless sooner terminated. Landlord agrees to make void this lease agreement and refund tenant its first month rental payment and security deposit only if tenant applies for certificate of occupancy and/or 2 occupational itcense and nv no taalf ,ir fict,or, by '-enant tenant ,,, no- anproA cL Otx of Bovnton Beach bN l�ebruary � 2W _ -*44ki_ ' ARTICLE 11 -- REN'1 Section 2.01 -Fixed Minimum Rent Tenant agrees to pay to Landlord throughout the full term of this lease, without demand. set-off or deduction, as hereinafter set forth, a monthly rental amount of $2,000.00 plus sales taxes payable in advance on the first (I") day of each calendar month of the term, beginning February 1, 2012 and ending December 31, 2012. All rent payments shall be paid to the Landlord at 639 East Ocean Avenue, Suite 407, Boynton Beach, FL 33435 (payable to High Ridge Properties, LLC), or at such other place Landlord may from time to time designate in writing. Tenant agrees to pay to Landlord each installment of monthly rental in advance on the first day of each month of the term with the rent for the first month and the security deposit to be paid upon the execution of this lease No rent shall be due from the date of commencement of this lease through January 31. 2012 Any change in the amount of the Monthly Rent shall carry with it a corresponding computation of sales tax. In the event Tenant fails to pay when due the Monthly gent or any other amount payable by Tenant hereunder, within 7 days of its due date Landlord shall be entitled to receive and Tenant shall pay a 10.0% penalty plus interest on such unpaid amount. from the date such payment was due, at the rate of 18.0% per annum In the event tenant is late more than three times in any calendar year. landlord shall have the right to terminate this lease Section 2.02 Lease Year The term "lease year" as used herein shall mean consecutive twelve-month periods. Section 2.03 Taxes (A) Tenant agrees to pay to Landlord any sales or use tax or excise tax imposed or levied against rent or any other charge or payment required hereunder to be made bN Tenant which has been imposed or may be levied by any governmental agency having jurisdiction thereover. Section 2.04 Insurance Premiums Not Applicable Section 2.05 Shopping Center Operating Costs Not Applicable Section 2.06 Tenant's Pro rata or Proportionate Share Not Applicable Section 2.07 Parking and Common Areas In addition to the demised premises, Tenant shall have the right to non-exclusive use of all facilities furnished by Landlord in Ocean Plaza and designated for the general use, in common, with Landlord, other tenants, and the guests, employees and invitees of same, subject to the terms and conditions of this lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. The parking area shall be provided with adequate lighting and shall be maintained in good condition by Landlord, and Landlord shall have the right at any time to change or modify the design and layout of the parking area(s). The common areas shall be subject to the exclusive control and management of Landlord, who shall have the right to establish, modify, change and enforce from time to time rules and regulations with respect to the common areas so long as such rules are not discriminatory against Tenant; and Tenant agrees to abide and conform with such rules and regulations. Tenant further agrees that it and officers and employees will park their vehicles only in such areas as Landlord may from time to time designate for employee parking, which areas may be within or without the area adjacent to the demised premises. Tenant agrees that it will, within five (5) days after written request by Landlord, furnish to Landlord the state automobile license numbers assigned to its vehicles and those of its employees. Vehicles belonging to Tenant or Tenant's employees which violate a restriction to park in designated areas may be towed away by Landlord at the cost of Tenant or Landlord may charge Tenant a daily rate of $10.00 per day for any such vehicle parked in the common areas other than the designated employee parking area. In the event that Landlord deems it necessary to prevent the acquisition of public rights in and to the site, Landlord may from time to time temporarily close portions of the common areas, and may erect private boundary markers to take such stems as deemed appropriate for that purpose. Such action shall not constitute or be considered an eviction or disturbance of Tenant's quiet possession of the premises. Neither the parking area nor any other part of the common areas shall be used by Tenant, or any agent or employee of Tenant, for any advertising, political campaigning or other similar use, including, without limitation, the dissemination of advertising or campaign leaflets for flyers. Section 2.08 License All common areas and facilities not within the leased premises, which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if such license were revoked, or if the amounts of such areas are diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation of 4 diminution or abatement of rent coo? shah sten v oca*,w�i it dirnintttton w �tict7 ctreas tis deemed constructive or actual evtctwi Section 2.09Additional Rent In order to give Landlord a lien of equal prionty with Landlord's lien for rent. and for n') other purpose, any and all sums of money or charges required to be paid by tenant under this lease, whether or not the same be so designated, shall be considered "Additional Rent". If such amounts or charges are not paid at the time provided in this lease, they/ shall nevertheless, if not paid when due, be collectible as additional rent with the next installment of rent thereafter falling due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of any amount of money or charges as the same become due and payable hereunder, or limit any other remedy of the Landlord ARTICLE III — CONSTRUCTION OF LEASED PREMISES Section 3.01 Landlord's Work and Tenant's Work Landlord agrees that it will supply, units 13 and 14 in "as is" condition. Tenant agrees, at its own cost and expense, to perform all other work. _ : #'*" Section 3.02 Changes and Additions to Buildings Landlord hereby reserves the right at any time to build additional stores onto and/or perform alterations to the building and/or site property in which the premises are contained, and to build adjoining the same. Landlord also reserves the right to construct other buildings of improvements, including, but not limited to, structures for motor vehicle parking, and Tenant agrees to cooperate with Landlord in permitting Landlord to accomplish such construction, if any ARTICLE IV — CONDUCT OF BUSINESS BY TENANT Section 4.01 Use of Premises Tenant, its successors and assigns, shall use the premises exclusively for the purpose of operating a Dive Shop and limited convenience store, and for no other uses or purpose whatsoever except for the administrative office and mailing address of Safe Hope & Harbor, Inc. and further agrees to conduct its dive shop business in the premises under the name of Splashdown Divers, Inc. and no other name except as may be first approved by Landlord in writing, which approval cannot be unreasonably withheld. Tenant will operate the leased premises and have it fully open and available for business During the time that Tenant is open for business, "Tenant will provide adequate personnel 0 and sales force to service the customers of the business; provided however if Tenant is unable to comply by reason of shortage of materials, strikes, acts of God, destruction of the premises by fire, or any other reason or cause beyond Tenant's control, financial inability of Tenant excepted, Tenant shall not be deemed to be in default under this lease. Section 4.02 Tenant Shall/Shall Not Tenant shall comply with all laws, ordinances, rules and regulations of governmental authority respecting the use, operation and activities of the premises (including sidewalks, street approaches, drives, entrances and other common areas serving the premises); maintain the show windows, if any, in a neat and clean condition and shall keep the walkways adjacent to the premises clean and free from rubbish. Tenant shall not permit any unlawful, improper or offensive us of the premises, common areas, or such other areas, or any part thereof, nor permit any nuisance thereon; make any use of the premises which would make void or void able any policy of insurance covering the premises or common areas; burn any trash of any kind in or about the premises; permit rubbish, refuse or garbage to accumulate; permit any fire or health hazard to exist, upon or about the premises; leave premises vacant or suffer or permit any waste or mistreatment thereof. ARTICLE V — SECURITY DEPOSIT Section 5.01 Amount of Deposit Tenant, contemporaneously with the execution of this lease, has deposited with Landlord, and Landlord hereby acknowledges receipt of $2,000.00 (if by check, subject to collection), which shall be held by Landlord, without accrual of interest, as security for the faithful performance by Tenant of all the terms of the lease. Said deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the express prior written consent of Landlord, and any such act on the part of the Tenant shall be without force and effect and shall not be binding upon the Landlord. Section 5.02 Use and Return of Deposit If any of the rents herein reserved or any other sum payable by Tenant to Landlord hereunder shall be overdue or unpaid, or should Landlord make payments on behalf of the Tenant, or if Tenant shall fail to perform any of the terms of this lease, then Landlord, at its option and without prejudice to any other remedy which Landlord may have on account thereof, may appropriate and apply said entire deposit, or so much thereof as may be necessary to compensate Landlord, toward the payment of any rent or additional sum due hereunder or to any loss or damage sustained by Landlord due to such breach on the part of the Tenant; and Tenant shall forthwith upon demand restore said security deposit to the original sums deposited. Should Tenant comply with all of the terms and promptly n pay all of the rentals and all other sums payable by l enant to Landlord a, then hccom( due, said deposit shall be returned in fulI to Ienant at the end of the term In the event w Bankruptcy or other creditor debt proceedings against tenant, the security deposit shall he deemed to be first applied to the payment of rent and other charges due Landlord for ail; periods prior to the filing of` such proceeding ARTICLE VI — SIGNS, MERCHANDISE DISPLAY, ALTERATIONS & LIENS Section 6.01 Signs Tenant shall not place or suffer to be placed or maintained upon any exterior door. roof, wall or window of the premises any sign, awning, canopy or advertising matter or ant, thing of any kind, and will not place or maintain any freestanding standard within or upon the common area or the premises immediately adjacent thereto, without first obtaining Landlord's express prior written consent. Signage shall include a standard sign showing business hours. Tenant also agrees to maintain such sign, awning, canopy. decoration. lettering, advertising matter or other thing as may be approved by Landlord in good condition and repair at all times and to remove the same at the end of this lease, as and r$ requested by Landlord Upon removal thereof, Tenant agrees to repair any damage caused by such installation and/or removal. "Tenant shall provide Landlord with a copy of a bona fide contract for signage over his/her space. complying with Landlord"s sign specifications and prior approval, within 60 days after the commencement date of th!. lease or the effective date of any approved assignment of sub -lease requiring a change in signage. Landlord agrees that all existing storefront signage is acceptable. Section 6.02 Merchandise Display "Tenant shall not have the right to display any merchandise in showcases or other installations on the exterior of the premises, nor shall Tenant maintain any loud speaker. voice making or other sound projection device in such a manner as to be audible to anyone outside of the premises. In addition, Landlord shall have the right to approve or disapprove any merchandise display, whether within or without the premises, which is visible from the exterior of the premises. Landlord authorizes `Tenant to keep rescued parrots in cages in the premises Section 6.03 Alterations Tenant shall not make any alterations or addition to the premises, including the installation of air-conditioning, plumbing fixtures, or the installation of any floor covering, without Landlord's prior written consent. Any alteration or addition made shall remain on and be surrendered with the premises on expiration or termination of the lease, except the Landlord can elect within thirty (30) days before, or within ten (10) days after expiration or termination of the term of the lease, to require Tenant to remove any alterations or addition that Tenant or its assignor has made to the premises. If Landlord so elects, Tenant at its own cost shall restore the premises to the original condition of the space as it was at the time Tenant took position, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Section 6.04 Liens Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Tenant to the premises and further agrees to indemnify and hold harmless the Landlord from and against any and all such costs and liabilities incurred by tenant, and against any and all mechanic's, material man's or laborer's liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the premises or the principals of Ocean Plaza. Notwithstanding anything to the contrary in the lease, the interest of Landlord in the premises shall not be subject to liens for improvements made by or for Tenant, whether or not the same shall be made or done in accordance with an agreement between Landlord and Tenant, and it is specifically understood and agreed that in no event shall Landlord or the interest of the Landlord in the premises be liable for or subjected to any mechanic's, material man's or laborer's liens for improvements made by Tenant or for which Tenant is responsible for payment under terms of this agreement. All persons dealing with Tenant are hereupon placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the premises or Ocean Plaza on account of or growing out of improvement or work done by or for Tenant, or any person claiming by, through or under Tenant, or for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien cancelled and discharged of record as a claim against the interest of Landlord in the premises or Ocean Plaza (either by law) within ten (10) days after notice to tenant by Landlord, and in the event Tenant shall fail to do so, Tenant shall be considered in default under this lease. Upon execution of this agreement, Landlord and Tenant shall execute a Memorandum of this lease (at the option of the Landlord), said Memorandum to be recorded in the public records of Palm Beach County, State of Florida, setting forth the provisions of this Section 6.04. ARTICLE VII — REPAIRS, MAINTENANCE AND ACCESS BY LANDLORD Section 7.01 Responsibility of Landlord Landlord shall not be called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the premises. Landlord shall maintain the exterior walls (but not glass, plate glass, windows, front entry door and closers, interior doors, or painting) in good repair, and shall keep the roof of the buildings water tight; provided, however, that Landlord shall not be required to make any repairs to the roof or any other part of the premises until notice of the need for such repairs to the roof or any other part of the premises is given to the Landlord by Tenant, and it is understood and agreed that Landlord shall not be responsible to the Tenant for any damage Tenant may sustain by a leak in the roof, windows, walls or pipes or for any damage on account of 8 windstorm. hurricane. fire or otherwise unless damage is caused r,, k andlord:, negligence Also, Landlord shall not be liable I'Or or required to make ariti repairs, o perform any maintenance to or upon the premises. which are required b�. related to. ssa which arise out of negligence. fault, misfeasance or malfeasance of and b, 4'enant. t - employees, agents, invitees, licensees or � ustomer� e, which everm tenant shall N responsible therefore Section 7.02 Responsibility of Tenant Tenant shall service, keep and maintain the interior of the premises including all plumbing and plumbing fixtures, wiring, air conditioning, piping, light fixtures. interior doors, front entry door (including closers), windows, equipment and appurtenances, in good and substantial repair during the entire term of this lease and shall replace all glass in the windows and doors broken during the lease term, but such agreement of Tenant shall not apply to any damage caused by Landlord or Landlord's agent, fire or other casualty which is covered (except for any applicable deductible, which will be the Tenant's responsibility to pay) by standard fire, extended coverage and other perils insurance. Tenant agrees to make repairs promptly as they may be needed at its own expense, and at the end of the term of this lease Tenant shall deliver up the premises in a broom -clean condition with all glass and all windows and doors intact. "Tenant shall maintain the air-conditioning filter by replacing the filter with new filter a minimum of once every 30 days At all times. the Landlord shall give the Tenant the benefit of any warranties from workmen and suppliers who have performed or delivered work, services or material to the complex. Landlord represents and warrants that the interior of the premises including all plumbing and plumbing fixtures, wiring. air conditioning, piping. light fixtures. anterior doors, front entry doors (including closers), windows, equipment and appurtenances are in good and working order at the commencement of the term of this lease. In the event "Tenant does not keep and maintain the premises to Landlord's satisfaction or make the said repairs or replacements within a ten (10) day period after notice from Landlord. or in case of repair which. for cause beyond Tenant's control, cannot with due diligence be cured within said allotted period of ten days, il' tenant shall not have promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion. within a reasonable time, then Landlord may. in addition to any other remedies it may have under law or this lease. enter upon the premises and maintain the premises and/or make the said repairs or replacements itself, as the case may be and charge the cost thereof to Tenant plus 20% for overhead as additional rent hereunder together with interest at the rate of 18% from the date of expenditure by landlord to the date of payment by Tenant Section 7.03 Access by Landlord Landlord or its representatives shall have the right to enter upon the premises, at times which will not unreasonably interfere with business of Tenant, for the purpose of 9 inspection and to make or cause to be made any repairs or otherwise to protect its interest, but the right of the Landlord to enter, repair or do anything else to protect its interest, or the exercise or failure to exercise said right, shall in no way diminish Tenant's obligations or enlarge Landlord's obligations under this lease, or affect any right of Landlord, or create any duty or liability by Landlord to Tenant or any third party. Landlord may, within sixty (60) days next preceding the expiration of the term, enter to place and maintain notices, for letting, free from hindrance or control of Tenant, and to show the premises to prospective tenants thereof at times which will not unreasonably interfere with business of Tenant, while a representative of Tenant is present. If Tenant shall vacate the premises during the last month of the term of this lease, Landlord shall have the unrestricted right to enter same after Tenant's moving to commence preparation for the succeeding tenant or for any other purpose whatsoever, without affecting Tenant's obligations to pay rent for the full term. ARTICLE VIII — INDEMNITY AND EXCULPATIONS; INSURANCE Section 8.01 Exculpation and Indemnity of Landlord Landlord shall not be liable to tenant for any damage to Tenant or Tenant's property, and tenant waives all claims against landlord for damage to person or property from any cause. Tenant shall hold Landlord harmless from all damages arising out of any damage to any person or property occurring in, on, or about the premises and the building, unless said damages are caused by Landlord's willful misconduct or gross negligence. A party's obligation under this Article to indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. Section 8.02 Public Liability and Property Damage Insurance Tenant at its cost shall maintain public liability and property damage insurance with liability limits of not less than $2,000,000.00 aggregate and $1,000,000.00 per occurrence insuring against all liability of tenant and its authorized representatives arising out of and in connection with tenant's use or occupancy of the premises. All public liability insurance and property damage insurance shall insure performance by tenant of the indemnity provision of Article VIII Section 8.01. Both parties shall be named as additional insureds; the policy shall contain cross -liability endorsements, and shall be primary insurance as far as landlord is concerned. All the insurance required under this lease shall: Be issued by insurance companies authorized to do business in the State of Florida, with financial rating of A. Be issued as a primary policy. 10 L"ontain an endorsement requiring 40 dav,� "ritten nonce from the msuranc� company to both parties and Landlords lender before cancellation or change to tho.• coverage, scope, or amount of any policy. Be renewed not less than 30 days before expiration of the term of the policN Each policy, or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord at the commencement of the term and on each renewal of the policy. Section 8.03 Increase in Amount of Public Liability and Property Damage Insurance Not more frequently than every three years, if, in the reasonable opinion of Landlords lender or of the insurance broker retained by Landlord, the amount of public habilitti and property damage insurance coverage at that time is not adequate, tenant shall increase the insurance coverage as reasonably required by either Landlord's lender or Landlord's insurance broker The cost of said increased coverage shall not be greater than 10% of the cost of coverage at the beginning of the lease term or at the beginning of any renewal period. Section 8.04 Waiver of Subrogation The parties release each other, and their respective authorized representatives. from anv claims for damage to any person or to the premises and the building and other improvements in which the premises are located. and to the fixtures, personal property, tenant's improvements, and alterations of either landlord or tenant in or on the premises and the building and other improvements in which the premises are located that are caused by or result from risks insured against under any fire and extended coverage insurance policies carried by the parties and in force at the time of any such damage. Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against I_,andlord to connection with any damage covered by any policy. ARTICLE IX — QUIET ENJOYMENT Section 9.01 Quiet Enjoyment Landlord covenants that so long as Tenant pays the rent reserved in this lease and performs its agreements hereunder, Tenant shall have the right to quietly enjoy and use the premises for the term hereof. subject only to the provisions of this agreement. ARTICLE X — ASSIGNMENT AND SUBLETTING Section 10.01 Assignment and Subletting Tenant shall not assign this lease nor any rights hereunder, nor let or sublet all or any part of the premises, nor suffer or permit any person or corporation to use any part of the premises, without first obtaining the express prior written consent of Landlord, which consent Landlord, may not be arbitrarily withheld. A copy of any proposed assignment or sub -lease must be submitted to Landlord. Should Landlord consent to such assignment or to a sub -lease of all or any part of the premises, Tenant does hereby guarantee payment of all rent herein served until the expiration of the term hereof, and no failure of the Landlord to promptly collect from any assignee or sub -tenant, or any extension of the time for the payment of such rents, shall release or relieve Tenant from its guaranty or obligation of payment of such rents. No acceptance by the Landlord from other than the Tenant of any payment due hereunder shall be construed as a consent by Landlord to any assignment or subletting by the Tenant, or give the Tenant any right to permit another to occupy any portion of the premises except as herein expressly provided. ARTICLE XI — UTILITIES Section 11.01 Utilities Tenant shall pay all costs and expenses for gas, electricity, pest control, phone and internet, alarm, and any and all other utilities furnished to or used in connection with the premises for any purpose whatsoever during the term of this lease, promptly as each thereof shall become due and payable. It shall be the Tenants sole responsibility to place all garbage and trash from their respective premises in a dumpster or trash bin, if any, provided by Landlord or Removal Contractor which has been designated for use by Tenant. Otherwise, it is to be placed on appropriate days for pick-up in approved containers as required by Removal Contractor. No trash or garbage shall be allowed to collect upon or about the premises except in a dumpster or other approved receptacles on scheduled pick-up days. No dumpster or other receptacles shall be placed on parking or other common areas, except at authorized designated places on scheduled days, without prior written approval of Landlord. In the event Tenant should place any refuse material in an unapproved area or outside the approved receptacle, Landlord may, two (2) days after verbally notifying Tenant, have said refuse removed and Tenant shall make prompt payment for al the costs of said removal. ARTICLE XII — DEFAULT OF TENANT Section 12.01 Default of Tenant In the event Tenant shall (a) fail to make any rental or other payment due hereunder within ten (10) days after the same shall become due, or in the event: (b) a petition in bankruptcy (including Chapter X and Chapter XI bankruptcy proceeding or any other reorganization proceedings under the Bankruptcy Act) be filed by the Tenant, or be filed 12 against the i enant. and such petition is riot dismissed within thirty = ;0; dav,� frow the filing thereof: or in the event Tenant is adjudged a bankrupt, or , (c) an assignment for the benefit of creditors is made by Tenant. or. (d) of an appointment by anN court of .a receiver or other court officer of Tenant's property and such receivership is not dismissed within thirty (3) days from such appointment; or (e) Tenant removed, attempts to remoxc or permits to be removed from the leased premises. except in the usual course of trade the goods, furniture, effects or other property of' the "Tenant brought thereon: of ft`s Tenant before the expiration of the term hereof and without the written consent of the Landlord, vacates the leased premises or abandons the possession thereof' or uses the same for purposes other than the purpose for which the same are leased. or ceases ro use the leased premises for the purposes herein expressed; or, (g) an execution or other legal process is levied upon the goods, furniture. effects or other property of Tenant brought on the leased premises, or upon the interest of Tenant in this lease, and the same rs not satisfied or dismissed within ten (10) days from such levy or process. or (h) breach of failure to perform any of the agreements herein other than the agreement to par rent and shall fail to cure such breach within ten (10) days after written notice from ) andlord. then Landlord in any such event shall have the options as follows Section 12.02 Remedies of Landlord Landlord shall have the immediate right to re-enter the leased premises, either by summary proceedings and to dispossess `Tenant and all other occupants therefrom and remove and dispose of all property therein in the manner provided in the third paragraph of this Section, with resort to legal process. Landlord shall also have the right, at its option. to terminate this lease upon ten (10) days prior written notice to Tenant. and to thereupon re-enter and take possession of the said premises with legal process. In the event on any such default or breach, Landlord shall have the right, at its option, from time to time, without terminating this lease, to re-enter and re -let the premises. or any part thereof, with legal process, as the agent and for the account of Tenant upon such terms and conditions as Landlord may deem advisable or satisfactory, in which event the rents received on such re -letting shall be applied first to the expense of such re -letting and collection including, but not limited to, necessary renovation and alterations of the leased premises, reasonable attorney's fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, (1) at Landlord's option, Tenant shall pay Landlord any deficiency monthly, notwithstanding Landlord may have received rental in excess of the rental stipulated in this lease in previous or subsequent months, and Landlord may bring an action therefore as such monthly deficiency shall arise, or (II) at Landlord's option, the entire deficiency, which is subject to ascertainment for the remaining term of this lease, shall be immediately due and payable by Tenant. Nothing herein, however, shall be construed to require Landlord to re-enter and re -let in any event. The Landlord shall riot, in any event, be required tc pay Tenant any surplus of any sums received by Landlord on a re -letting of said premises in excess of the rent provided in this lease. f� In the event of any such default or breach, the Landlord shall have the right, at its option to declare the rents for the entire remaining term an other indebtedness, if any, immediately due and payable without regard to whether or not possession shall have been surrendered to or taken by Landlord, and may commence action immediately thereupon and recover judgment therefore. The Landlord, in addition to other rights and remedies it may have, shall have the right to remove all or any part of the Tenant's property from said premises and any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Tenant and the Landlord shall not be responsible for the care of safekeeping thereof, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts, as long as Landlord complies with all laws. No such entry or taking possession of said leased premises by Landlord shall be construed as an election on Landlord's part to terminate this lease unless a written notice of such intention is given to Tenant. Notwithstanding any such re -letting without termination, Landlord may at all times thereafter, elect to terminate this lease for such previous default or breach. Tenant shall allow any such re-entry without hindrance, and Landlord shall not be liable in damages for any such re-entry, or guilty of trespass or forcible entry, as long as Landlord complies with all laws. The delivery of keys to Landlord or any employees of Landlord or the Landlord's agent of any employee thereof, shall not operate as a termination of this lease or surrender of the premises. Any and all sums due under this lease from Tenant to Landlord and not paid on the date due shall bear interest from the date due at the rate of eighteen percent (18%) per annum until fully paid. The remedies for which provision is made in this Article XII shall not be exclusive and any and all rights, remedies and options given in this lease to Landlord shall be cumulative and in addition to and without waiver of or in derogation of any right or remedy given to it under any law now or hereafter in effect. In any event, and irrespective of any option exercised by Landlord, Tenant agrees to pay and the Landlord shall be entitled to recover all costs and expenses incurred by Landlord, including reasonable attorney's fees, in connection with collection of rent or damages or enforcing other rights of Landlord in event of a breach or abandonment by Tenant. Tenant hereby expressly waives any and all rights of redemption, if any granted by or under any present or future law in the event Tenant shall be evicted or dispossessed for any cause, or event Landlord shall obtain possession of the premises by virtue of the provisions of this lease, or otherwise. ARTICLE XIII — WAIVER OR ESTOPPEL Section 13.01 Waiver or Estoppel The failure of Landlord to insist, in any one or more instances, upon strict performance of any covenants or agreements of this lease, or exercise any option of Landlord herein 14 contained, shall not be construed as a waiver or relinquishment for the future of suct, covenant, agreement or option, but the same shall continue and remain in lull force ano effect. Receipt of rent by Landlord, with knowledge of the breach of ani covenant of agreement hereof, shall not be deemed to have been made unless expressed in writing anct signed by Landlord. Any acceptance of rent or ether wch payment In a lesser amount than is herein required to be paid by the Tenant, regardless of any endorsement w an+ check or any statement in any letter accompanying the payment of the same shall not be construed as an accord and satisfaction or in any manner or other than as a payment on account by the Tenant. No waiver by the Landlord in respect to am, other 'Tenant shall constitute a similar waiver in favor of Tenant ARTICLE XIV - ATTORNMENT AND SUBORDINATION Section 14.01 Attornment and Subordination All rights and interests of Tenant hereunder are and shall be and remain sublect. subordinate and inferior to all mortgages, heretofore or hereafter given and encumbering the premises, or any part thereof, and shall likewise be subordinate and inferior to all renewals, modifications, consolidations, replacements and extensions of any such mortgage, and the right of the holder of any such mortgage shall at all times be and remain prior and superior to all rights and interests of' Tenant. This provision shall operate as a subordination agreement with respect to all such mortgages and all renewals, modifications, consolidation, replacements and extensions thereof: If the holder of am such mortgage or any person, firm or corporation agreeing to make a loan secured by a mortgage on the premises shall require confirmation of any subordination for which provision is herein made or a separate subordination agreement with respect to any mortgage transaction, Tenant shall execute such agreement in the form required by such mortgage holder or other person, firm or corporation agreeing to make a loan secured by a mortgage on the premises, and the execution of the same shall not diminish or affect the liability of Tenant hereunder or of any other party responsible for or guaranteeing the obligations of Tenant under this lease. ARTICLE XV - CONDEMNATION Section 15.01 Condemnation All compensation awarded for any such taking by, or conveyance to, any public or quasi - public authority by reason of any act of such authority for which damages are payable. shall be the property of the Landlord, whether such damage shall be awarded as compensation for diminution in the value or the leasehold or to the fee of the demised premises, and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such compensation. Tenant shall be entitled to claim, prove and receive in the condemnation proceeding such awards as may be allowed for trade fixtures or for loss of business "good will". depreciation or injury to and cost of removal of stock in I5 trade, but only if such awards shall be made by the condemnation court or by the condemner in addition to, and shall not result in a reduction of, the award for the land and buildings so taken. ARTICLE XVI — MISCELLANEOUS Section 16.01 Notices All notices shall be in writing and any notice by Tenant to Landlord must be served by certified or registered mail, postage prepaid, addressed to Landlord or the agent of Landlord at the address first hereinabove given or at such other address as Landlord or its agent may designate by written notice. After commencement of the term hereof any notice by Landlord to Tenant shall be served by first class mail, postage prepaid, addressed to Tenant at the leased premises or at such other address as Tenant shall designate by written notice or by delivery by Landlord to the leased premises or to such other address. Notice shall be deemed to be properly given if addressed to Tenant at its last known address, even if such first class mail is refused. Section 16.02 Deposits and Advances Any funds paid by Tenant to Landlord as a deposit or advance pursuant to the terms of this lease, or any exhibit, addendum or modification hereto, may be commingled with other funds of Landlord and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. In addition, if any sums of money shall become payable by Tenant to Landlord pursuant to the terms of agreement, or any exhibit, addendum or modification hereto, or by a law, ordinance or regulation affecting this agreement, Landlord shall have the right to apply any deposits or advances theretofore made by Tenant against sums due by Tenant to Landlord. Section 16.03 Captions and Section Numbers The captions, section numbers, articles numbers and index appearing in this lease are inserted only as a matter of convenience and in no way define, limit construe, or describe the scope or intent of such sections or articles of this lease nor in any way affect this lease. Section 16.04 Brokerage 16 'Tenant warrants and represents that it has not dealt with any broker in connection wltl this lease or the premises. and agrees to defend. indemnifN and hold the Landloro harmless from and against any and all claims for brokerage fees and commissions by an', broker claiming to have dealt with him in connection with this lease landlord warrant, and represents that it has not dealt with anti broker in t onnection with thi" iease .PI thL premises and agrees to defend, indemnify and hold the I enant harmless from and against any and all claims for brokerage fees and commissions by am other broker �-laiming t,� have dealt with it in connections with this leask° Section 16.05 Recording 'Tenant shall not record this lease, but upon the request by the Landlord, both parties shall execute and deliver a notice of memorandum of tease. in a form satisfactory to Landlord and appropriate for recording, the costs of such notices of memorandum shall be borne b} the Landlord. Section 16.06 Infestations and Fumigation If necessary to vacate the premises for fumigation or other similar treatment for termites. insects, etc., Tenant, after a minimum of 14 days prior written notice, shall vacate the premises for the required time for such treatment to be performed. If such treatment does not exceed 3 days and 4 nights (excluding any preparation time performed on the common areas, and not materially interfering with the business operations of Tenant), it shall be without any rent abatement. Any longer period shall abate the current tent for such additional period on a pro rata per diem basis. Tenant shall permit exterminator access to premises as required by law or regulations regarding such treatment Section 16.07 Entire Agreements Tenant agrees that Landlord has not made any statement, promise or agreement, or taken upon itself any engagement whatsoever, verbally or in writing in conflict with the terms of this lease, or which in any way modifies, varies, alters, enlarges or invalidates any of its provisions. This lease sets forth the entire understanding between Landlord and Tenant, and shall not be changed, modified or amended except by an instrument in writing signed by the party against whom the enforcement of any such change. modification or amendment is sought. The covenants and agreements herein contained shall bind, and the benefits and advantages hereof shall inure to, the respective heirs. legal representatives, successors and assigns of Landlord and Tenant. Whenever used. the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. The headings set forth in this lease are for ease of reference only, and shall not be interpreted to modify or limit the provision hereof. This agreement shall be construed in accordance with the laws of the State of Florida. Should any provisions of' this lease and/or its conditions be illegal or not enforceable under the laws of said State, it or they shall be considered severable, and the a lease and its conditions shall remain in force and be binding upon the parties as thought said provisions had never been included. Section 16.08 Radon and Other Florida Statutes, Section 404.056(8) requires the following disclosure: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from a county public health unit. ARTICLE XVII - ENVIRONMENTAL Section 17.01 Environmental Tenant represents and warrants to Landlord that Tenant's use and activities on the premises shall be conducted in compliance with all applicable environmental ordinances, rules, regulation, statutes, orders, and laws of all local, state, or federal agencies or bodies with jurisdiction over the premises or the activities conducted on the premises (hereinafter collectively revered to as the "Environmental Laws"). In the event any of the Tenant activities require the use of "hazardous" or "toxic" substances, as such terms are defined by any of the Environmental Laws, then Tenant represents and warrants to Landlord that Tenant has received all permits and approvals required under the Environmental laws with respect to such toxic or hazardous substances. Tenant covenants and agrees to maintain the Premises in a "clean" condition during the term of this lease. As used in this paragraph, the term "clean" shall mean that the Premises are in material compliance with the standards set forth under the Environmental Laws and any standards set forth in this lease. In the event Tenant breaches any of its material representations, warranties, or covenants and agreements contained in this Section or fails to notify Landlord of the release of any hazardous or toxic substances from the Premises, then such breach or failure to notify shall be deemed a default under this Lease and Landlord shall have all rights and remedies available to it, including, but not limited to, the right to initiate a clean up of the Premises, in which case Landlord shall be reimbursed by Tenant for, and in connection with such clean up of the Premises and to fully indemnify and hold Landlord harmless from any and all losses, liabilities, expenses (including but not limited to reasonable attorneys' and paralegals' fees at trial and all appellate levels) incurred by Landlord as a result of any contamination of the Premises due to Tenant's use of hazardous or toxic substances on the Premises. If Tenant's operations require the ongoing use of hazardous or toxic substances, then Tenant shall upon written request by Landlord supply Landlord within ten (10) days receipt of such request with copies of reports and any other monitoring information 18 required by the Environmental Laws and anv tailure h+ [errant to dux -i ,haP he Landlord',, option constitute and 1 -vent of Default under this 1.ease Section 18 01 h ire or Other CasualtN If in excess of twenty-five(25%) percent of the premises is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease upon delivery of written notice to the tenant within thirty (30) days after such damage or destruction. It a portion of the Premises is damaged by fire or other casualty, and this lease is not thereby terminated, Landlord shall, at its expense, restore the premises within ninety (90 ) days, exclusive of any improvements or other changes made to the premises by or oil behalf of Tenant, to as near the condition which existed immediately prior to such damage or destruction as reasonably possible, and monthly rental amount shall abate during such period of time as the premises are untenantable, in the proportion that the untenantable portion of the premises bears to the entire premises. Fenant may terminate this Lease if the premises are not restored within such ninety (90) day period, ]he Landlord shall not be responsible to the Tenant for damage to, or destruction of. anN furniture, equipment, improvement, or other changes made by the Tenant in, on or about the premises. Executed by Tenant on the 21 st day of December, 20 l t FFNI ANT. Splashdown Divers. Inc and I,vnn A. Simmons Witness as to Tenant l,vnn A, S1mmons, individually Witness as to Tenantlas own Diver"c P � Executed by Landlord on the 19`h day of December, 2011 Witness as to Landlord LANDLORD. High Ridge Properties LLC 19 RENT SUBSIDY BOYNTON ,****BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of neXA businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation 1. Program "The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi-year lease. The maximum total subsidy per business is $7.200.00 Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on first-come, first -serve basis All applications are subject to CRA Board approval Making application to the program is not a guarantee of funding I1. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the CRA District's Central Business ("ore. Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. Wv�Y' 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. initials` Page 1 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-258 eve6. Applicant must own the building it plans to operate within or it must have an executed #a multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty-five (35) hours per week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment". d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. 111. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Conditions of lease termination. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. f Initials Page 2 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www bQyrnvnbeacbcra.com The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthl•k rent payment made to the landlord upon receipt and verification that the pavment ha," bees. cleared by the bank The responsibility for all rental payments is between the contracted parties to the lease, as such. the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility fbi payment of rent at any time, nor penalties incurred for the late arrival of payments by any part) The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business ownei The CRA reserves the right to approve of deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion i determines that the business will not further the goals and objectives established for the economic detelopment of the CRA District The receipt of past payments is not a guarantee W future subsidy payments IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application Funding requests will not be considered until all required documentation is submitted to the CRA office Application packets must include the following documentation- , Complete and signed application 2 Copy of all business and occupational licenses 3 Copy of the corporate documents for the applying business entity 4 Copy of executed or proposed multi-year commercial lease agreement 5 landlord SSN or Tax ID wQl�jei —6. Business plan, including executive summary and three-year financial projections of revenues and expenses 7 Iwo (2) years of audited financials and corporate tax returns ffor existing businesses only) O 8 Two (2) years of personal tax returns for the owners of a new business .ever 9. Qualifications, experience and track records of business owners. 3 10 list of lobs to be created including job descriptions, pay range and weekly schedule For existing businesses, provide a list of all current positions including fob descriptions, pay range and weekly schedule initials Page 3 of 8 71 U N Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the Applicant 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 approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. Quarterly Rent Subsidy Payments — Rent Subsidy payments will be reimbursed to grant recipient on a quarterly basis beginning the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the four consecutive quarters following the grant approval. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly rent reimbursement the grant applicant must submit a written request for that quarter's reimbursement payment along with: For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly ReportU( CT_6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, s -corporations and 1099-MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials Page 4 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 a11Ww.boyn1onbeachc(a com tBOYNTON � -- EASE E� 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application ((Nease Irpe ci Prirt 0aI tise Additional Sheets if Ncccssarj} ApphcantName ��P�� 'dA �IL;CI Applicant Maaing Address )KC � u` x. :� �� , 1 [ 06 Business Name (I)/B/A if applicable) Current Business E Address L' L= �) Phone. 7(t (��9 } ax�� Ental l l_f. %�i ._ i J�dl G c 9a i , z �' CE: Time at Current location tvlonthly Dent Do you have an executed lease agreement Yes z \o Landlord Name _ Fk ac L tc t Landlord SSN/EIN Landlords Mailing Address �-4c S' - 3 -3 4`1_ - - New Business ddress (if applicable New Business to Boynton Beach: Yes No Existing Business Yes L-- Ne -vu nber of nears to existence Square footage of existing location fJ Square footage of new location i `r/'t_ Page 5 of K 10 N i-ederal Highwav Boynton Beach, FL 33435 Phone 501 737-3256 Fax 561-737-325k Type of Business: ill `6 f U Yc C kc ri- YL;,(" -L« Number of Employees: I Hours of Operation: -, v, - 6, Are you applying for grant assistance under any other program offered by the CRA: Yes " No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: No I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Page 6 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 b�ntuub��chci n : cpm SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. AppficaWt/Tenant's Sipature 4, _ Pnnt d Name Applicant/Tenant's Signature Pnnted Name Date Title — -- -- - - ------ - --- Date - - --- --- - ---- -------- Title STATE OF FL,O Dy; COUNTY OF 1,4k �t BEFORE ME. an officer- duly authonzed by law to administer oaths and take f acknowledgements, personally appeared6. I kL C L, Lr - who is personally known 4,o, me or produ d C � - -, 4 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 FORE60ING, I have sit my hand and official sea] in the State and County aforesaid on this day of 20 r NOTARY PUBLIC .�S�i TNHIESA UTTERM" NOhry POW - State of FkMa s • •= My Comm. &**a Jan it, 2014 r' COnNMSSioo #E DO 951135 �° �•''� IM TIVNO Nat"Notuy Ann. Page 7 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-1258 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. U� 1'� ce-jjd JJL[�12_ _ Property O Si r�re �, Date .V-) t - o\---) 1E: Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF COUNTY OFf A�.& Pj BEFORE ME, an officer duly aut"rize-1 law to administer oaths and take acknowledgements, personally appeared who is personally known to me or pro ced � 0 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 FO O1NG, I have set x1y hand and official seal in the State and County aforesaid on this day of , 20_L NOTARY PUBLIC My Commissi ri�Mr� t11M�A ur►'FnsAcK NOMry PO! onde •. ' 7014 '� • �`" Le�o/�rn}m��\��ayyi��, 9��511,�13,,5NN__ VY11Y�Y WO* 4 Ul 11\11 1 MM. '111111\IN Page 8 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ,vwY�boyzrionbeat,hcra.cUlf, JUSTIFICATION FOR CRA GRANT FUNDING Rent Subsidy We are assuming new and bigger financial responsibilities - Rent pmt: $2,120 Insurance $ 150 Utilities $ 500 $2,770 Previous rent covered all but insurance for $ l ,250 (except when we were paying double rent) IL ELIGIBILITY REQUIREMENTS Met 111. GRANT TERMS AND CONDITIONS 1900 square feet (a�; 640 E. Ocean Ave units 13 and 14 (see drawing) $2,000/month plus sales tax and $2,000 security deposit Tenant pays all utilities (power. water, phone and cable) Interior repairs paid by tenant Exterior repairs paid by landlord See lease IV. LIST OF JOBS CREATED/FILLED FOR SPLASHDOWN DIVERS I Owner/manager/captain $40.000/yr 60 hrs/week Friday - Wednesday Technician/mechanic/relief captain $1 0/hr As needed (40+ hr/«•k) Divemaster/deckhand $35/trip As needed (35-70 hr/wk) 4. Instructor $100/student As needed (20 — 40 hr/wk) salesman $8/hr 40 hrs/week—'I'.'I-H,SA. SU - 8AM to 6PM � t lVi&''ERCIq,L FACA J)E BOYNTON CRA 2011 /2012 COMMERCIAL FAQADE 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: Address of Property Owner: �c' Cr -yam, �r,� # 13A City/State- Phone ,�.c L,_ F(_ Zip Code: 331� Phone # Day �54,1 ?cy 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. j,;� -,E� dot -,0 1 Cl-_ e_-!> Address of Business: 1 i City/State:�niG`s� i -`c-k ��. _ _ Zip Code: Phone # Day: Evening:, Initialsi* 3 Page 1 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 Type of Business Years of Operation Number of Employees Annual lip Payroll Number of Employees residing in Boynton Beach List of improvements proposed '�Is �k (_•'� �1{ 1`)a'.j 't`r �(_`r> `�,(�� }9' f�(1/t>;a ala 5 � 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 fagade 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, 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 far ade grant application. Qi vet 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fagade 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. 6The Fagade Grant program may only be used one time in any five year period 'oZ 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 fagade 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 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 www boyntonbeachcra com 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 S DOCUMENTATION Written description of the improvements to be done to the property along with the following items ' 1. Copy of Warranty Deed wQiver 2. Copy of Lease c(t)dL 3. Project work write-up(s) describing in detail the scope of the project, — 0. briP-� 4. Plans or sketches if applicable, scope - 5. Cope,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", not-- i -am G. 10. Signage design with colors & materials proposed if applicable, —Stq� V_P t 11. Project color chips / material samples if applicable, and material speNifications. fl Initials . Page 4 of 6 710 North Federal 1-lighway 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 Agregment. including Program and Reimbursement Regulations. 9-� CA X jy 12 Pro erty Owner ate) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLO IDA COUNTY OF V91'AN k� tw\— BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, I appeared 0 l�d)I11� who is personally known to me or produced bIAsQ 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 F REGOING, I have et my hand and official seal in the State and County aforesaid on this day of '20 a NOTARY PUBLIC My Commission Expires db �;,a'.,,,• THERESA UTTERBACK g Notary P011c • State of Florida •= My Comm. ERpires Jan 11, 2011 Commission # DD 951135 Bonds q0 SMal Notary Assn 7 f 0 Northederal ig way Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 (Tenant/Business owner's signature must be notanzed) Witness ( te) f, Vvh nes ( ate) STATE OF FLORIDA COUNTY OF Tenant/Business Owner (Date) Tenant/Business Owner (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally_ appeared g (,/ , ` ;. � �/ /Yt f 1) 4 S", who is personally known to me produced'P-LiE E7j�j- j2,-� 1-1 -�,t ` _g f 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 st my hand and official seal in the State and County I aforesaid on this ! day of ��; _ 20� Ip t NOTARY PUBLIC '—',k 4 VERSA pary�e--UTTi CK My Commission Expires Aga&& .2 011,1 0 of Flo rida My Comm. Expires Jan 11, 2014 Commission # DD 951135 ,�1'�•° �F�Bonded Through National Notary A<< Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 JUSTIFICATION FOR CRA GRANT FUNDING Commercial Fagade Install vents, and drains with concealment features. Back door (PAINT BRIGHT WHITE with BRIGHT RED DIVE FLAGS). Create "presence" in breezeway with artwork appropriate to business. JUSTIFICATION FOR CRA GRANT FUNDING Business Signage --Part o� 0C)VV\YVqrQ,Ka-t (Tamcu OY-ay-t New space has existing signage which must be removed and replaced as needed for the new business occupying the space. *remove old lettering and decals *create and install new window decals * lighted signage over door and/or windows showing what business is *new flag pole/flag v-) r k f mwwu:aamw� fk SAN 0 Bolw. YBE °HiCRA CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business � X I New Business I I Public Hearing j I Other SUBJECT: Consideration of taking Ownership of the City Owned Property at 110 N.E. 6th Street as Part of the CRA's Boynton Harbor Marina SUMMARY: The site of the recently completed Boynton Harbor Marina Entry Tower Feature and Public Space is currently owned by the City of Boynton Beach. As the current owner of the parcel located at 110 N.E.6th Avenue (see attached map), the City of Boynton Beach is responsible for all of the insurance, utilities and maintenance costs associated with the parcel. Due to statutory limitations, the CRA is not permitted to assume the ongoing maintenance and operational costs associated with properties not under its ownership. In light of the fact that the CRA currently owns the marina slips, dive shop building area and fuel dock pad properties, City and CRA staff have been discussing the possibility of the City transferring ownership of the Entry Tower parcel to the CRA. Because this transfer option was contemplated during the FY 2011-2012 budget process, funding for the maintenance and electrical costs have been approved in this year's budget. Because the irrigation system which provides water to the Tower Feature site also supplies water to the City's right-of-ways and medians on E. Ocean Avenue, it would be recommended that the ongoing water costs be absorbed by the city in the event the property were to be transferred to the CRA. FISCAL IMPACT: General Fund Property Maintenance - $15, 314.00 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Boynton Harbor Marina Master Redevelopment Plan. RECOMMENDATIONS: Approval to accept ownership of the City Owned property located at 110 N.E. 6th Avenue. Michael Simon, Development Director T.IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board MeetingsWanuary 20121Marina Entry Tower Property Ownership doc f L BOYN TO HCRA CRA BOARD MEETING OF: January 10, 2012 Consent Agenda I I Old Business IX ! New Business I I Legal I I Executive Director's Report SUBJECT: Consideration of Issuing General Contracting Services Construction Bid Proposal RFP for the Interior Built -out of the Jones Cottage Project SUMMARY: At their regular meeting of October 11, 2011, the CRA Board approved Chrissy Benoit and her restaurant concept to be the new tenant of the Jones Cottage project. Additionally, CRA funding in the amount up to $150,000 was approved for the project with Ms Benoit agreeing to provide up to $100,000 in match funding for the interior build -out project Construction design documents and specifications have been completed by the agency's professional services design consultant, REG Architects, and were submitted to the City of Boynton Beach Building Department for review on December 8, 2012. It is anticipated that permit approval will be obtained by the end of the January. CRA staff is seeking Board direction on their preferred method of engaging a general contractor to provide a cost proposal and complete this project. Staff is providing the following options for the Board's discussion - Option 1 • Issue a task order to Kafuman Lynn to perform the work. Option 2: Request a cost proposal from the Agency's three approved construction companies currently under Professional Services contract with a 30 day turn around time. Option 3. Issue a General Contracting Services Construction Bid Proposal RFP to the general public, including those general contractors currently under Professional Services contract with a 30 day turn around time. FISCAL IMPACT: To be Determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS/OPTIONS: Staff recommends Option 3. l Michael Simon, e pment Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\January 2012\GC RFP Cottage Interior agenda pg doc T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Boaid MeethngsUanuary 2012\Cottage Build -out GC RFP doc 16 3 1 YNT A East Side—West Side—Seaside Renaissance REQUEST FOR PROPOSAL The Boynton Beach Community Redevelopment Agency (CRA) will receive sealed price proposals in its office, 710 N. Federal Highway, Boynton Beach, FL 33435 until 3:00 PM on the due date, , 2012. Proposals will be opened at a public opening in the CRA offices at 3:15 PM on the above due date. Request for Proposal documents, construction plans and specifications must be obtained from the CRA office. GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT Issue Date: There will be a mandatory pre -submittal meeting at the time and place listed below. See Section 1.8 for contact information for this RFP. The Board of the CRA reserves the right to accept or reject any proposal or any part thereof or any combination of proposals and to waive any or all formalities. A mandatory Pre -Submittal meeting to answer questions concerning this RFP will be held the CRA office, 710 N. Federal Highway, Boynton Beach, FL 33435 on Boynton Beach CRA Contact Information: Vivian Brooks — 561-737-3256 ext. 211 Michael Simon — 561-737-3256 ext. 206 Fax: 561-737-3258 Page 1 of 26 I A(ANDAs ( OV, I \ 1 AOFN DA, MON f Idl 5 Kf-h )K l h. MCCMne, 1,1110,111 ' r Rudd -out t.( Rt P 1.0 REQUEST FOR PROPOSAL REQUIREMENTS The Boynton Beach Community Redevelopment Agency (CRA) is accepting proposals, for the selection process to enter into a contract with a qualified General Contracting Finn to prm ide a Construction Bid Proposal, and perform complete construction seri ice,, consistent «>th a construction delivery process for the following project (hereinafter referred to as the Project) Jones Cottage Commercial Interior Build -out This document provides information for interested parties to prepare and submit a response to this Request for Proposal (RFP) for consideration by the CRA. PROPOSERS ARE ADVISED TO SUBMIT A COMPLETE RESPONSE TO ALI, REQUIREMENTS IN STRICT ACCORDANCE WITH THE SECTION NUMBERING SHOWN IN SECTIONS 2.0 AND 3.0 OF THIS RFP. 1.1 General Information The RFP provides the information necessar% to prepare and submit qualifications, fee proposals, and general conditions prices for a CONSTRUCTION BID PROPOSAL The CRA will rank the Proposers in the order that they provide the "best overall value" for the CRA based on the selection criteria set forth in Section 1.12 1.2 Interviews of Proposer Firms Following the CRA's evaluation ofthe proposals for further evaluation. prior to negotiations, interviews may be conducted at the CRA's option. I'he CRA reserves the nght to reject any proposal for noncompliance. and to award the Project. at the CRA's sole discretion. in whole or in part to one or more Proposes firms, or to not many any award of the Project. 1.3 Scope of Project Work — See Attachment "A" Construction Documents (on disk) 1.4 Project Delivery The completion date for construction is anticipated to be no later than 2012. unless a different negotiated date is agreed upon. 1.5 Type of Contract Any contract awarded from this RFP will be ion the form negotiated with the successful proposer and in a form approved by the CRA attorney 1.6 Definitions As used in this RFP, the terms have the meanings set forth beloNN Page 2 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Boaid Meetings\January 2012\Cottage Build -out GC RFP doe 1.6.1 "Construction Contract" means a contract with a construction firm to provide construction services for the complete construction of the Project as described in Exhibit "A" Construction Documents. 1.6.2 "Construction Manager" means the individual, corporation, company, partnership, firm or other organization that has contracted to perform the Project work under a Construction Services Agreement with the CRA. 1.6.3 "CRA" means the Boynton Beach Community Redevelopment Agency or its designated representative or agent. 1.7 Direction and Management The work of this Project will fall under the direction and management of the CRA or its designated representative or agent. 1.8 Contacts Questions regarding this Request for Proposal may be directed to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Development Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 737-3256 slmonmL&bbfl.us 1.9 Submittal Deadline The CRA will accept proposals at the location listed below until 3:00 PM , 2012. It is the responsibility of the Proposer to insure that submittals are received at the designated submittal location by the Submittal Deadline. Proposals received after the submittal deadline will be returned to the Proposer unopened. 1.10 Submittal Location The Proposals must be received in the office of the CRA, 710 N.. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.11 Number of Copies In total, five (5) copies of the Submittals are required. One of the five Submittals is required to be an original. One copy shall be unbound to facilitate copying. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Proposal as: Response to General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Build -out Project Date Issued: .2012 Page 3 of 26 I AGLNDAS (ON SI',I Vif \DAS MONTH I, HIN)kP,(umpkwf If,il u,uuI VIIIWr', %1(011»� I,muai\ 101-1 ( Budd -ow (,( Rif' J. 1.12 Selection Criteria The Proposer(s) selected to be the General Contracting Finn will be the firm(s) ,t hose verified experience and qualifications. as presented in response to the RFP reference checks. and any Interviews the CRA inay conduct. establish it, In the opinion of the CRA. as offering the greatest benefits, experience, and value to s he CRA and the Project. The Selection Committee will review and consider the following mayor items throughout the selection process. but these are not listed i11 anv particular order of unportancc I 1 35 Points: Experience & Performance Proposers successful time in relevant business. tree from adversarial legal actions, as well as conducting successful safety, quality control. MBE/WBE. and LEED programs Proposers ability to keep the CRA advised of the project construction costs and schedules at all times. The CMAR will have the responsibility to advise the CRA that a design decision or user requirement is impacting budget or schedule beyond the established parameters Proposer',; ability to develop conceptual cost estimates based on Construction Documents that anticipate the types of costs associated with buildings of this type and complexity and to develop a Guaranteed Maximum Price based on Construction Documents l�uiall�. the Proposer"s ability to perform the subcontractor buyout based on the GMP 1 12.2 25 Points: Staffin r Proposer's appropriate staff qualifications during the Construction phascs under General Contracting Firm construction delivery process. Proposes capability and ability to successfully interact with the CRA and/or the CRA representative or agent. 1.12.3 40 Points: Pricing Competitive cost and fees associated with Project delivery using the General Contracting Finn process_ Proposef s ability to produce a time]\ Guaranteed Maximum Price that is within the amount Available for Construction Contract. Proposers ability to perform the labor. material and subcontractor buyouts within the established GMP. l ,12.4 Interviews Interviews, if required, to further expand on the qualifications and pricing mforrnation provided in the Proposer's response to this RFP 1 12.5 Proposers are not required, nor encouraged, to provide narrative descriptions of how the Proposer intends to achieve or perform the items as organized above. Rather, Proposers should provide the information specified in Sections 2.0 and 3.0 related to the above. Proposers past performance of these items will be determined by the CRA from reference checks and interviews when required Page 4 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board MeetingsVanuary 2012\Cottage Build -out GC RFP doc 1.13 Proposer's Acceptance of Evaluation Methodology A submission of qualifications and pricing proposals in response to this RFP indicates Proposer's acceptance of the CRA's evaluation techniques set forth herein and the recognition that subjective judgment suits be made by the CRA during the evaluation process and in its final selection. 1.14 Public Information Statement The CRA considers all information, documentation and other material submitted in response to this solicitation to be of non -confidential and/or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.15 Clarifications and Interpretations 1.15.1 Answers to Questions Proposers are required to restrict all contact and questions regarding this RFP to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than five (5) business days prior to the Submittal Deadline. Submit questions no later than 12:00 p.m. (noon) on , 2012. 1.15.2 Clarifications or Interpretations Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the CRA or its representative as an addendum. All such addenda issued by the CRA before the Proposals are due, are part of the RFP, and Proposers shall acknowledge receipt of and incorporate the requirements of each addendum in its Proposal by completing and including in their response package Attachment "B" Addenda Acknowledgement. 1.15.3 Addenda Proposers shall consider only those clarifications and interpretations that the CRA issues by addenda at least three (3) business days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the CRA and should not be relied upon in preparing the Proposal. 1.16 Obligations of Parties 1. 16.1 Assumed Requirements Proposer understands and acknowledges by submitting a Proposal that the Proposal presented is based on assumed requirements for the proposed Project; and, that the CRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from Page 5 of 26 I ViF\DAS (ON',I \ i VA \DA , MO\ IliI) KI WOK I t ,nnnl"iu 1 l' I 'll)"'» Mcl'tim \1eCt11111. 1dIIII, ly I'I' the presented Proposal 1'roposei is required to quant% ail assumlit Ion,, makes 16 2 Costs of Proposal Submission Furthermore. Proposer understands and acknowledges by submitting a Proposal that any and all costs incurred by the Proposer as a result of the Proposer"s efforts to participate in this selection process shall be at the sole risk and obligation of the Proposer 1. 16.3 Reimbursement The CRA will not provide compensation to Proposers for any expenses Incurred for proposal preparation or for any presentations made. 1.16.4 Award of Contract The CRA makes no guarantee that an award will be made as a result of this RFP. and reserves the right to accept or refect any or all proposals. waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the CRA"s best interest Representations made within the Proposal response will be binding on responding firms 1.17 Completeness of Proposal 1 17 1 Completeness Proposer should carefully read the information contained herem. the totality of which shall govern the Construction Services It is the responsibility of the Proposer to submit a complete response to all requirements and questions. 1 17.2 Conditional Clauses Proposals which are qualified with conditional clauses, or alterations. or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification at the option of the CRA 1 173 Clarity Each Proposal should be prepared simply and economically, providing a straightforward. concise description of the firm's ability to meet the requirements of the RFP, Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the CRA"s needs 1. 17.4 Compliance Failure to comply with the requirements contained in the RFP may cause rejection of the Proposal. Page 6 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board MeetingsVanuary 2012\Cottage Build -out GC RFP doe 1.17.5 Rejection Proposals submitted after the Submittal Deadline will be returned unopened. 1.18 Withdrawal or Modification A Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Outside of the approved negotiation process, no Proposal may be changed, amended, or modified after the Submittal Deadline. No Proposal may be withdrawn after the Submittal Deadline without approval of the CRA which shall be based on Proposer's written request stating reasons for withdrawing the proposal that are acceptable, in the CRA's sole discretion. 1.19 Ownership of Proposals Proposals and any other information submitted by Proposer's shall become the property of the CRA; however, the CRA may return all other Proposal information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the proposal pricing information requested by CRA is provided. 1.20 Validity Period Proposals are to be valid for the CRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Proposal, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.21 No Response Firms wishing to submit a "No -Response" are requested to complete Attachment "C" Statement of No Response. Such a response will in no way disqualify or limit any future bids or proposals from the firm. 1.22 Proposer Acknowledgement and Compliance Certification Proposal shall complete and include a signed Proposer Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Proposer Acknowledge and Compliance Certificate. 1.23 Tentative Schedule of Actions 1.23.1 Release of RFP , 2012 1.23.2 Pre -Submittal Meeting , 2012, 10:00 am 1.23.3 Proposal Submittal Deadline , 2012, 3:00 pm 1.23.4 Complete Evaluation of Submittals , 2012 1.23.5 Interview of Short -Listed Firms , 2012 1.23.6 Internal Recommendation , 2012 1.23.7 CRA Takes Action on Award .2012 Page 7 of 26 I %6ENDAS ( ONSf V i A01 NDAS YIO\ I III 1 Rf POK f (nnq�lrf<<. +i•'n�t h. r; +�y,Ci�t 1 ,.r �,, t,, "�i��un; [s +.i , Build -;rut (,( RI P,1 1.24 Execution of Agreement 1 24 1 Offer of Contract Upon selection of the successful Proposer by the CRA, the CRA a Ill extend to said Proposer an offer to enter into a General Contracting Firm Contract The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and proposals identified by the Contractor in its Proposal and accepted b -v CRA in negotiations 1.24 2 CRA's Riiaht to Withdraw In the event the successful Contractor tails to return an executed contract, and can Identify to the CRA in writing negotiated terms that were omitted. the CRA reserves the right to withdraw its offer to enter into a contract with the Proposer 1.25 Proposal Format 1 251 Content Proposals shall consist of Responses (certifications. answers to questions. and mforination) to requirements and questions identified in Sections 2.0 and 3.0 of this RFP. Please reference the Section number at the top of the page of your corresponding response 1 25 2 Conditional Responses Responses that are qualified with conditional clauses. alterations. Items not called for in the RFP. or irregularities of any kind are subject to rejection by the CRA. 1.25 3 Additional Information Except for alternate or technique bids, additional attachments shall not be Included in the Response. Only the Responses provided bN the Proposei to the questions identified in Section 3 of this RFP will be used by the CRA for evaluation. 1 25.4 Table of Contents Include a Table of Contents that provides page number references The Table of Contents should be in sufficient detail to facilitate easy reference of the section so the Proposal Attachments shall also be listed in the Table of Contents 1.25.5 Page Size and Binders Proposals must be 12 -point fond on letter size paper. Five (5) copies (onc- should be an original) of the Submittals are required. All copies of the Proposals, including the original, shall be unbound but clipped together One ( I ) digital copy of the Proposal on CDIDVD in PDF format is Page 8 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\January 2012\Cottage Build -out GC RFP doc required. The cover of the Proposal must clearly show the project, as well as the name and return address of the Proposer. 1.25.6 Divider Tabs Divider tabs should be used to separate the different sections of the Proposal. 1.25.7 Pagination All pages of the Proposal shall be numbered sequentially in Arabic numerals (1, 2, 3, etc.) is required. 1.26 Public Entity Crimes 1.26.1 Legal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 1.26.2 Public Entity Crimes All invitations to proposal as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "E" Public Entity Crimes Statement. 2.0 PROPOSER QUALIFICATIONS 2.1 General Directions Proposer's Oualifications Responses — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Proposers are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Proposal as an attachment with reference by item number as listed in the following sections. 2.2 Proposer's Location and Registration Name: Street Address: Mailing Address: Page 9 of 26 I A6ENDAS (ONSFti-, VdN DA, MONIHI) RI Puk I-( 0mItr,l F'L,JUCIt I,tnm til A1`11mC Meetinplanu.tly '11I', R,Wi kI! { ity State. Zip _ I elephone No I -ax No Email Address of Contact Person; Federal Identification No State of Incorporation & Registration No.. If not a corporation, explain your status 2.3 Proposer's History 2.3.1 Proposer's Ownership Status Is the company currently for sale or inrolved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts 2.3.2 Age of Organization In continuous business since 2.3.3 Leadership List Corporate Officers, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board. CEO, and President 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract. defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has. on an awarded contract, paid liquidated damages and the reasons why 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party currently or in the past five ( 5) years, providing state. case number and disposition for each. Page 10 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board Meetings\January 2012\Cottage Build -out GC RFP doe 2.3.7 Projects Underway Provide total number and dollar amount of contracts currently in progress by the organization proposing to this RFP. 2.3.8 Five Year Volume of Work List name of projects, type of projects and dollar value of each project for the past five (5) years. 2.3.9 Safety History 2.3.8.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last five years as obtained from your insurance agent. 2.3.8.2 Safety Record Complete the table titled "Safety Record" as show in Attachment "F" Safety Record. Use a percentage of employee's direct hire fixed work hours rounded to nearest 1,000's. 2.4 Fiduciary Responsibility Describe your fiduciary responsibility as a General Contracting Firm for publicly funded projects. 2.5 Organization and Project Personnel Qualifications 2.5.1 Organization 2.5.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site phase with names of individuals who will perform the on-site functions of Construction Management, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with names of individuals who will perform those functions in direct support of the Proposer's on-site team, but located in the home office. If individuals are not full time, indicated the estimated percentage of time dedicated to the Project. 2.5.2 Resumes Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2. The resumes of your key personnel shown on the following organization charts shall include professional affiliations such as membership in the American Institute of Constructors. Page l 1 of 26 I AGE\DAS( o\sf \1 \k&\DAs \10',7HI ) kf P� W 1, !i 1lrctmg, lanum\ „tt,Wl' Ru1111 (.f KI r .' 2.6 Relevant Construction Experience Relevant experience of projects in which Proposer pertormed General ( ontracting F7rne services as outlined in this RFP are to be listed in the table shown in Attachment "G" Statement of'Relevant Construction Experience. Proposers are to exactly reproduce thi" table in then- responses with information in accordance with the column headings show n Notations such as "Tv/A are not acceptable lfthe information required in the column heading is considered "not applicable" or "not available" for particular project listed. then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this RFP For each project listed in this table where Proposer self performed any construction trade. prop ]de separate table, listing the trades(s) provided 2.7 Narrative of "Best Qualified" Proposer shall provide a brief narrative outlining why the Proposer"s organization is the best qualified to perform the services outlined in this RFV. 2.8 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Proposal and note it in your Proposal Table of Contents 2.9 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, refection. documentation and resolution of deficiencies. trend analysis and corrective action and interface with building inspectors 2.10 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.11 M/WBE Program All Proposers must submit a written and signed statement indicating a willingness to make a good faith effort to utilize minority and women -owned businesses in the construction of the Project. 2.12 Subcontractors If a Proposer subcontracts any portion of the Project for any reason, the Proposer must state the name and address of the Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors". Attachment "H" Schedule of Subcontractors. CRA reserves the right to accept or refect any or all proposals wherein a Subcontractor is named, and to make the award to the Proposer, who. in the opinion of CRA, will be in the best interest of and/or most advantageous to CRA. CRA also resew es the right to reject a proposal of any Proposer if the proposal names a Subcontractor w ho has previously faded in the proper performance of an award or failed to deliver Contracts Page 12 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board Meetings\January 2012\Cottage Budd -out GC RFP doe of a similar nature on time, or is not in a position to perform properly under this award. The CRA reserves all rights in order to make a determination as to the foregoing. Proposer shall include in their Proposal a statement that if selected to enter into a Construction Phase Contract, that they shall periodically throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the Project. 2.13 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug-free workplace. The bidder shall complete and submit with its bid proposal the attached certification, Attachment "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. 3.0 PRICING AND COSTS 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment "J" Proposal. The scope of the Construction Firm's Work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 1.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. 3.3 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firm's current bonding limit and rating. Complete and include Attachment "K" Proposal Bond. Do not include bond costs in your fee or General Conditions. 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. Page 13 of 26 A'T'TACHMENT "A." CONSTRUCTION DOCUMENTS Request for Proposal documents. construction plans and specifications matt be obtained online at or from the CRA office located at 710 N Federal Highway, Boynton Beach, Fl- 33435 Boynton Beach C ommumty Redevelopment Agency 14 lone,, Cottage Commercial Interior Build -out Protect ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this General Contracting Services Bid Proposal RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. No.l Date No.2 Date No.3 Date No.4 Date Proposer's Signature Title Boynton Beach Community Redevelopment Agency 15 Jones Cottage Commercial Interior Build -out Protect A I'TACHMENT "( STATEMENT OF NO RESPONSE If you are not submitting a proposal on this service/commodity, please complete and return this form to Boynton Beach ('ommunity Redevelopment Agency 7710 North Federal Highway. Boynton Beach, H 13415 Vendor/Company Name: Mailing Address: City: State: Zip: Telephone Number: ( _ ) Fax Number: r Vendor Signature: Date: WE, the undersigned, have declined to respond to your Proposal for the General Contracting Services Bid Proposal RFP because of the following reasons Specifications too "tight" (i c, geared toward brand or manufacturer only (specify explain below) Insufficient time to respond to the Invitation to Proposal We do not offer this product or an equivalent Our product schedule would not permit us to perforin We are unable to meet specifications We are unable to meet bond requirements Specifications unclear (explain below) Other (specify/explain belo A REMARKS: Boynton Beach Community Redevelopment Agency 16 Jones Cottage Commercial Interior Build -out Protect ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 710 North Federal Highway Boynton Beach, FL 33435 Release Date: .2012 Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL - JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Proposal Received , 2012. Proposals must be received in their entirety by By: the Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for 2012, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: Mailing Address: City: Vendor Mailing Date: Fax Number: State: Zip: Authorized Signature Name (Printed or Typed) Boynton Beach Community Redevelopment Agency 17 Jones Cottage Commercial Interior Build -out Project ATTACHMENT -F- PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a cow, iction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, submit proposals on leases of real property to a public entity, be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity, or transact business with any public entity in excess of the threshold amount provided in Section 287 017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list As the person authorized to sign the Statement, I certifv that this firm complies full,* with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 1 8 Jones Cottage Commercial Interior Build -out Protect ATTACHMENT "F" 1. Number of Injuries and Illnesses 2. Number of Lost Time Accidents 3. Number of Recordable Cases 4. Number of Fatalities Number of Direct Hire Fixed 5. Hours Worked SAFETY RECORD 2010 2009 2008 2007 2006 Signature Title Subscnbed and sworn to before me. This day of 20 My Commission Expires: Boynton Beach Community Redevelopment Agency 19 Jones Cottage Commercial Interior Build -out Project 1 2 3 4 6 7 8 9 10 12 ATTACHMENT "(;" STATEMENT OF RELAVANT CONSTRUCTION EXPERIENCE Name of Proposer Business Address When Organized- Where rganized Where Incorporated How many years have you been engaged in the contracting business can, under the present firm naive" General character of work performed by your coinpany Enclose evidence ofpossession of -required licenses and„or business permit,, Number of Employees Background and experience of principal members of your personnel (including officers) Bonding Capacity Have you ever defaulted on a contract” If so. where and why' Ye, No Experience in performance Project $ Value Contact Name Phone # Boynton Beach Community Redevelopment Agency Jones Cottage Commercial Interior Build -out Protect 2(r ATTACHMENT "H" SHEDULE OF SUBCONTRACTORS Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Build -out Issuance Date: Proposers Name: Name/Address/Phone of Subcontractor Type of Work to be Performed Dollar Amount % of Total Name: Address: Phone - Name: Address - Phone. Name: Address: Phone: Boynton Beach Community Redevelopment Agency 21 Jones Cottage Commercial Interior Build -out Project XTTACHMENT "1" DRUG-FREE: WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -tree workplace programs Whenever two (2) of more proposals, which are equal with respect to price, quality and service. are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, i proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process Established procedures for processing tic proposals will be followed if none of the tied vendors have a drug-free workplace program In ordei to have ,i drug-free workplace program, a business shall 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations 3) (ilve each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection ( l ) 4) In the statement specified in subsection ( 1). notify the employee that, as ri condition 01 working on the commodities or contractual services that are under proposal. the employee will abide by the terms of the statement and will notify the employer of any conviction of of plea of guilty or nolo contendere to any violation of Chapter 893, or of anv controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance of rehabilitation program if such is available in the employee's community by am employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -tree workplace through implementation of this section As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title- _ Boynton Beach Community Redevelopment Agency 21 Jones Cottage Commercial Interior Build -out Protect ATTACHMENT "J" PROPOSAL Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract Documents. Having studied the documents prepared by: VHB and REG and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: $ and (amount written in words has precedence) Dollars Cents The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. (1) Original and four (4) copies of proposal submitted. Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. Boynton Beach Community Redevelopment Agency 23 Jones Cottage Commercial Interior Build -out Project The Proposer, by and through the submission of his Proposal agrees that me h:i" ,�amancd "fibs shall be held responsible for liming theretofore examined himself as to the charaLici tht :outs location, surface and underground obstructions. nature of the ground eater table � ondition, and all other physical characteristics of the "ork in order that he ma\ thereby proN ide for the satisfactory completion thereof, including the removal, relocation of replacement w _ins �ihject,, or obstructions which will be encountered in performing the proposed work The Proposer. hti submission of this Proposal. acknowledges that the Proposer has been ldvised that in the event that the Proposer contests the award of this Project to another Proposer. the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereb} waives any claim it may have for other damages coming from the Boynton Beach Cotnmumty Redevelopment Agency"s failure to axNard the Project Proposes Date Name of Proposer, Corporation, Firm or Individual By Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: Boynton Beach Community Redevelopment Agency 24 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "K" PROPOSAL BOND STATE OF ) COUNTY OF ) KNOWN ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach Community Redevelopment Agency in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated 2010, for - NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. (Proposal Bond Continued) Boynton Beach Community Redevelopment Agency 25 Jones Cottage Commercial Intenor Build -out Project IN WITNESS WHEREOF the above bounded parnk-, haNc cvecutcd 1171 115trumcn under their several Seals this day of heret(' affixed and these presents duly signed by its undersigned representative, pursuant to ,tuthority Ail its governing body PRINCIPAL: Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation. Secretary only will attest and affix Sea] ) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title Business Address City and State SURETY: Corporate Suret.N WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required i (If Corporation. Secretary only will attest and affix Seal ) Witness Signature Attorney -in -Fact (Affix Seal) Name of Local Insurance Agency - ------------ - - -- --- - -------- Business Address --------- - --- ------ ----- City and State Boynton Beach Community Redevelopment Agency 26 Jones Cottage Commercial Interior Build -out Project BOYNTON . BEACH CRA BOARD MEETING OF: January 10, 2012 Consent Agenda Old Business IX j New Business Legal I Executive Director's Report SUBJECT: Consideration of Issuing General Contracting Services Construction Bid Proposal RFP for the Boynton Harbor Marina Slip Open Space Project SUMMARY: At their regular meeting of September 13, 2011, the CRA Board approved funding for the Boynton Harbor Marina Open Space project located at the existing site of the CRA owned "dive shop" building at 700 Casa Loma Boulevard (see attached). Construction design documents and specifications have been completed by the agency's professional services design consultant, VHB MillerSellen, and were submitted to the City of Boynton Beach Building Department for review on December 28, 2012. It is anticipated that permit approval will be obtained by the end of the January. CRA staff is seeking Board direction on their preferred method of engaging a general contractor to provide a cost proposal and complete this project Staff is providing the following options for the Board's discussion: Option 1: Issue a task order to Kaufman Lynn to perform the work. Option 2- Request a cost proposal from the Agency's three approved construction companies currently under Professional Services contract with a 30 day turn around time period. Option 3: Issue a General Contracting Services Construction Bid Proposal RFP to the general public, including those general contractors currently under Professional Services contract with a 30 day turn around time period. FISCAL IMPACT: To be Determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan, Boynton Harbor Marina Redevelopment Master Plan RECOMMENDATIONS: Staff recommends Option 3. Michael Simon, Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board MeetmgsWanuary 2012\GC RFP Marina Open Space agenda pg doc he Le 00 so Lo so as, 0 f AGENDAS,( OMEN I AGENDAS, MONTHL1 RLPORTS ( rnnpIcted Agenda rein kcgtie,t foint, h\ Meettnc f I I- Boal( 'vlectung;Januat_\'10Ph1annaOpenRPPdoi 16 JqYANT East Side—West Side—Seaside Renaissance REQUEST FOR PROPOSAL The Boynton Beach Community Redevelopment Agency (CRA) will receive sealed price proposals in its office, 710 N Federal Highway, Boynton Beach. FL 33435 until 3:00 PM on the due date, , 2012 Proposals will be opened at a public opening In the CRA offices at 3:15 PM on the above due date. Request for Proposal documents_ construction plans and specifications must be obtained from the CRA office GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the BOYNTON HARBOR MARINA OPEN SPACE PROJECT Issue Date: There will be a mandatory pre -submittal meeting at the time and place listed below See Sectr)n 1.8 for contact information for this RFP The Board of the CRA reserves the right to accept or refect any proposal or anv part thereof of any combination of proposals and to waive any or all formalities A mandatory Pre -Submittal meeting to answer questions concerning this RFP will be held the CRA office, 710 N. Federal Highway. Boynton Beach. FL 33435 on Boynton Beach CRA Contact Information: Vivian Brooks — 561-737-3256 ext. 211 Michael Simon — 561-737-3256 ext. 206 Fax: 561-737-3258 Page 1 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetmg\FY 2011 - 2012 Board MeeringsUanuary 2012\Manna Open Space GC RFP doc 1.0 REQUEST FOR PROPOSAL REQUIREMENTS The Boynton Beach Community Redevelopment Agency (CRA) is accepting proposals for the selection process to enter into a contract with a qualified General Contracting Firm to provide a Construction Bid Proposal; and perform complete construction services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): BOYNTON HARBOR MARINA OPEN SPACE This document provides information for interested parties to prepare and submit a response to this Request for Proposal (RFP) for consideration by the CRA. PROPOSERS ARE ADVISED TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS IN STRICT ACCORDANCE WITH THE SECTION NUMBERING SHOWN IN SECTIONS 2.0 AND 3.0 OF THIS RFP. 1.1 General Information The RFP provides the information necessary to prepare and submit qualifications, fee proposals, and general conditions prices for CONSTRUCTION BID PROPOSAL. The CRA will rank the Proposers in the order that they provide the "best overall value" for the CRA based on the selection criteria set forth in Section 1.12. 1.2 Interviews of Proposer Firms Following the CRA's evaluation of the proposals for further evaluation, prior to negotiations, interviews may be conducted at the CRA's option. The CRA reserves the right to reject any proposal for noncompliance, and to award the Project, at the CRA's sole discretion, in whole or in part to one or more Proposer firms, or to not many any award of the Project. 1.3 Scope of Project Work — See Attachment "A" Construction Documents (on disk) 1.4 Project Delivery The completion date for construction is anticipated to be no later than , 2012, unless a different negotiated date is agreed upon. 1.5 Type of Contract Any contract awarded from this RFP will be ion the form negotiated with the successful proposer and in a form approved by the CRA attorney. 1.6 Definitions As used in this RFP, the terms have the meanings set forth below: Page 2 of 26 AGENDAS (OUSE I ,i(�E�IIAS_ NiUiA I HL t Ri II(IR I , ! nI a kf"I, It, t" icctmL� I,]f1U.Iv "�t.1Jm,]O1),'1'-J-T'l R}',, l I '"Construction ( ontract means <i contract with a construction firil) t(, provide construction services for the complete construction of the Protect as described in Exhibit "A" Construction Documents.. 1.6? "Construction Manager" means the individual. corporation. company, partnership, firm or other organization that has contracted to perform the Project work under a Construction Services Agreement with the CRA 1 6 3 -CRA" means the Boynton Beach C ommumty Redevelopment Agency w its designated representative or agent. 1.7 Direction and Management The work of this Project will fall under the direction and management of the CRA or its designated representative or agent 1.8 Contacts Questions regarding this Request for Proposal may be directed it, Boynton Beach Community Redevelopment Agencv Attn: Michael Simon. Development Director 710 N Federal Highway Boynton Beach. FL 33435 (561)737-3256 1.9 Submittal Deadline The CRA will accept proposals at the location listed below until 3:00 PM 2012 It is the responsibility of the Proposer to insure that submittals are received at the designated submittal location by the Submittal Deadline. Proposals received after the submittal deadline will be returned to the Proposer unopened 1.10 Submittal Location The Proposals must be received in the office of the CRA, 710 N Federal Highway, Boynton Beach, Fl- 33435, on or before the Submittal Deadline 1.11 Number of Copies In total, five (5) copies of the Submittals are required One of the five Submittals is required to be an original. One copy shall be unbound to facilitate copying. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Proposal as Response to General Contracting Services Bid Proposal RFP Boynton Harbor Marina Open Space Project Date Issued: , 2012 Page 3 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Boaid Mectmgs\January 2012\Manna Open Space GC RFP doc 1.12 Selection Criteria The Proposer(s) selected to be the General Contracting Firm will be the firm(s) whose verified experience and qualifications, as presented in response to the RFP, reference checks, and any interviews the CRA may conduct, establish it, in the opinion of the CRA, as offering the greatest benefits, experience, and value to the CRA and the Project. The Selection Committee will review and consider the following major items throughout the selection process, but these are not listed in any particular order of importance: 1.12.1 35 Points: Experience & Performance Proposer's successful time in relevant business, free from adversarial legal actions, as well as conducting successful safety, quality control, MBE/WBE, and LEED programs. Proposer's ability to keep the CRA advised of the project construction costs and schedules at all times. The CMAR will have the responsibility to advise the CRA that a design decision or user requirement is impacting budget or schedule beyond the established parameters. Proposer's ability to develop conceptual cost estimates based on Construction Documents that anticipate the types of costs associated with buildings of this type and complexity and to develop a Guaranteed Maximum Price based on Construction Documents. Finally, the Proposer's ability to perform the subcontractor buyout based on the GMP. 1. 12.2 25 Points: Staffing Proposer's appropriate staff qualifications during the Construction phases under General Contracting Firm construction delivery process. Proposer's capability and ability to successfully interact with the CRA and/or the CRA representative or agent. 1.12.3 40 Points: PdgiU Competitive cost and fees associated with Project delivery using the General Contracting Firm process. Proposer's ability to produce a timely Guaranteed Maximum Price that is within the amount Available for Construction Contract. Proposer's ability to perform the labor, material and subcontractor buyouts within the established GMP. 1. 12.4 Interviews Interviews, if required, to further expand on the qualifications and pricing information provided in the Proposer's response to this RFP. 1. 12.5 Proposers are not required, nor encouraged, to provide narrative descriptions of how the Proposer intends to achieve or perform the items as organized above. Rather, Proposers should provide the information specified in Sections 2.0 and 3.0 related to the above. Proposers past Page 4 of 26 i AGENDAS (ON SL N I \(,t-NDAS ti40N 1 Ht) KF POR I-, ompk«, h itni—Vivae .3 Munlig,Januan „W (f RM J perform ancc of these items v,.111 be determined by the CR A tlom fetcrenc", check,, and Intery icvv,s when required 1.13 Proposer's Acceptance of Evaluation Methodology A submission of qualifications and pricing proposals in response to this RFP indicates Proposer's acceptance of the CRA's evaluation techniques set forth herein and the recognition that subjective judgment suits be made by the CRA during the evaluation process and in its final selection 1.14 Public Information Statement The CRA considers all information. documentation and other material submitted in response to this solicitation to be of non -confidential and/or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes 1.15 Clarifications and Interpretations 1 15.1 Answers to Questions Proposers are required to restrict all contact and questions regarding this RFP to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing. no later than five (5) business days prior to the Submittal Deadline. Submit questions no later than 12 00 p.m (noon) on 2012 I.15 2 Clarifications or Interpretations .Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the CRA or its representative w, an addendum All such addenda issued by the CRA before the Proposal:, are due, are part of the RFP, and Proposers shall acknowledge receipt of and incorporate the requirements of each addendum in its Proposal b" completing and including in their response package Attachment "B Addenda Acknowledgement. 1.15.3 Addenda Proposers shall consider only those clarifications and interpretations that the CRA issues by addenda at least three (3) business days prior to the Submittal Deadline. Interpretations or clarifications in any other form including oral statements. will not be binding on the CRA and should not be relied upon in preparing the Proposal 1.16 Obligations of Parties 1. 16.1 Assumed Requirements Proposer understands and acknowledges by submitting a Proposal that the Proposal presented is based on assumed requirements for the proposed Project: and, that the CRA has made no written or oral representations that Page 5 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetmg\FY 2011 - 2012 Board Meetmgs\January 2012\Mai ma Open Space GC RFP doc any such assumed requirements are accurate should a contract arise from the presented Proposal. Proposer is required to qualify all assumptions it makes. 1. 16.2 Costs of Proposal Submission Furthermore, Proposer understands and acknowledges by submitting a Proposal that any and all costs incurred by the Proposer as a result of the Proposer's efforts to participate in this selection process shall be at the sole risk and obligation of the Proposer. 1. 16.3 Reimbursement The CRA will not provide compensation to Proposers for any expenses incurred for proposal preparation or for any presentations made. 1.16.4 Award of Contract The CRA makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the CRA's best interest. Representations made within the Proposal response will be binding on responding firms. 1.17 Completeness of Proposal 1.17.1 Completeness Proposer should carefully read the information contained herein, the totality of which shall govern the Construction Services. It is the responsibility of the Proposer to submit a complete response to all requirements and questions. 1. 17.2 Conditional Clauses Proposals which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification at the option of the CRA. 1.17.3 Clarity Each Proposal should be prepared simply and economically, providing a straightforward, concise description of the firm's ability to meet the requirements of the RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the CRA's needs. 1. 17.4 Compliance Failure to comply with the requirements contained in the RFP may cause rejection of the Proposal. Page 6 of 26 I A61-NDAS l OVSf \ I A(A NDAS MON i Hl 1 RI -P( K I"(\2011f 1:111L II B,,, tihIanwii20 1, %4'nm.a Ohcn SJ,&, (( RI f .i . 1 17 5 Refection Proposals submitted after the Submittal Deadline will be returned unopened 1.18 Withdrawal or Modification A Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Outside of the approved negotiation process, no Proposal may be changed, amended, or modified after the Submittal Deadline No Proposal may be withdrawn after the Submittal Deadline without approval of the CRA which shall be based on Proposer',, written request stating reasons for withdrawing the proposal that are acceptable. in the CRA"s sole discretion 1.19 Ownership of Proposals Proposals and any other information submitted by Proposer's shall become the property of the CRA; however, the CRA may return all other Proposal information, upon written request. once a contract award is made All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the proposal pricing information requested by CRA is provided. 1.20 Validitv Period Proposals are to be valid for the CRA*s acceptance for a minimum o1 90 days from the submittal deadline date to allow time for evaluation and selection. A Proposal, if accepted, shall remain valid for the life of the Contract", resulting from this selection process 1.21 No Response Firms wishing to submit a "No -Response" are requested to complete Attachment "C" Statement of No Response. Such a response will in no way disqualify or limit anv future bids or proposals from the firm 1.22 Proposer Acknowledgement and Compliance Certification Proposal shall complete and include a signed Proposer Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Proposer Acknowledge and Compliance Certificate. 1.23 Tentative Schedule of Actions 1.23.1 Release of RFP 2012 1.23.2 Pre -Submittal Meeting 2012. 10:00 am 1.23.3 Proposal Submittal Deadline 20113:00 pm 1.23.4 Complete Evaluation of Submittals 2012 1 23.5 Interview of Short -Listed Firms .2012 1.23.6 Internal Recommendation 2012 1.23.7 CRA Takes Action on Award 201' Page 7 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetmg\FY 2011 - 2012 Boaid Meetmgs\January 2012\Manna Open Space GC RFP doc 1.24 Execution of Agreement 1.24.1 Offer of Contract Upon selection of the successful Proposer by the CRA, the CRA will extend to said Proposer an offer to enter into a General Contracting Firm Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and proposals identified by the Contractor in its Proposal and accepted by CRA in negotiations. 1.24.2 CRA's Right to Withdraw In the event the successful Contractor fails to return an executed contract, and can identify to the CRA in writing negotiated terms that were omitted, the CRA reserves the right to withdraw its offer to enter into a contract with the Proposer. 1.25 Proposal Format 1.25.1 Content Proposals shall consist of Responses (certifications, answers to questions, and information) to requirements and questions identified in Sections 2.0 and 3.0 of this RFP. Please reference the Section number at the top of the page of your corresponding response. 1.25.2 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for in the RFP, or irregularities of any kind are subject to rejection by the CRA. 1.25.3 Additional Information Except for alternate or technique bids, additional attachments shall not be included in the Response. Only the Responses provided by the Proposer to the questions identified in Section 3 of this RFP will be used by the CRA for evaluation. 1.25.4 Table of Contents Include a Table of Contents that provides page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the section so the Proposal. Attachments shall also be listed in the Table of Contents. 1.25.5 Page Size and Binders Proposals must be 12 -point fond on letter size paper. Five (5) copies (one should be an original) of the Submittals are required. All copies of the Proposals, including the original, shall be unbound but clipped together. One (1) digital copy of the Proposal on CD/DVD in PDF format is Page 8 of 26 AGENDAS ( OV,I N i kuL-\DAS MON 1 HI % RI I'(W 1', t nm I) i�„ At,,iw,i li, n, K„au, I 'dc,'m ti1c�unr, I,imidi� '� i� ti�a�rn OnrnSpay, (<< PIP i, required The coycr ofthe Proposal must clearly show the pro Iect as yNoI as the name and return address of the Proposer 1.25.6 Divider Tabs Divider tabs should be used to separate the different sections of the Proposal 1.25.7 Pa ing ation All pages of the Proposal shall be numbered sequentially in Arabic numerals (1. 2. 3. etc ) is required 1.26 Public Entity Crimes 1.26 1 Legal Requirements Federal. State, County and City laws. ordinances, rules and regulations that in any manner affect the Items coN Bred herein apply. Lack of knowledge by the Proposer will In no way be a cause for relief from responsibiht� . 1.26.2 Public Entity Crimes All invitations to proposal as defined by Section 287.012(1 1 ). Florida Statutes, requests for proposals as defined by Section 287 012(16). Florida Statutes. and any contract document described in Section 287.058. Florida Statutes. shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133. Florida Statutes. Attachment "E” Public Entity Crimes Statement. 2.0 PROPOSER QUALIFICATIONS 2.1 General Directions Proposer's Qualifications Responses — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Proposers are required to submit a complete response to each requested item that follows Responses requiring additional space should be incorporated in to the Proposal as an attachment with reference by item number as listed in the following sections Page 9 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board MeetmgsVanuary 2012\Manna Open Space GC RFP doc 2.2 Proposer's Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Proposer's History 2.3.1 Proposer's Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. Page 10 of 26 I \GENDAS ( ON,,F\ 1 A(&NDAS MON I I{t 1 KH'(aKI" ( ,axIp1,10, 1tcudc 11,1' k uu�'l 1-1 ]11, h� Nlccung, MILIMl '(1 1' \1,11IIIJ0110r 11)dl� (d RIP11' 2.3.6 Legal Actions 1,>st all civil and criminal legal actions in which your organization vkas a named party currently or in the past five ( 5) years, providing state, case number and disposition for each 2.3.7 Projects Underway Provide total number and dollar amount of contracts currently in progress h% the organization proposing to this RFP 2.3.8 Five Year Volume of Work List name of projects. type of projects and dollar value of each project for the past five (5) years 2.3.9 Safetv History 2.3.8.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last five years as obtained from your insurance agent 2.3.8.2 Safety Record Complete the table titled "Safety Record"' as shovy in Attachment "F" Safety Record. Use a percentage of employees direct hire fixed work hours rounded to nearest 1.000's. 2.4 Fiduciary Responsibility Describe your fiduciary responsibility as a General Contracting Firm for publicly funded projects. 2.5 Organization and Project Personnel Qualifications 2.5.1 Organization 2 5.1 1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site phase with names of individuals who will perform the on-site functions of Construction Management, Cost Control, Scheduling, Submittals and Quality Control If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with names of individuals who will perform those functions in direct support of the Proposer's on-site team, but located in the home office. If individuals are not full time. indicated the estimated percentage of time dedicated to the Project Page I 1 of 26 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2011 - 2012 Board Meetmgs\January 2012\Marina Open Space GC RFP doc 2.5.2 Resumes Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2. The resumes of your key personnel shown on the following organization charts shall include professional affiliations such as membership in the American Institute of Constructors. 2.6 Relevant Construction Experience Relevant experience of projects in which Proposer performed CONSTRUCTION BID PROPOSAL as outlined in this RFP are to be listed in the table shown in Attachment "G" Statement of Relevant Construction Experience. Proposers are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "N/A" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this RFP. For each project listed in this table where Proposer self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.7 Narrative of "Best Qualified" Proposer shall provide a brief narrative outlining why the Proposer"s organization is the best qualified to perform the services outlined in this RFP. 2.8 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Proposal and note it in your Proposal Table of Contents. 2.9 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.10 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.11 M/WBE Program All Proposers must submit a written and signed statement indicating a willingness to make a good faith effort to utilize minority and women -owned businesses in the construction of the Project. 2.12 Subcontractors If a Proposer subcontracts any portion of the Project for any reason, the Proposer must state the name and address of the Subcontractor and the name of the person(s) to be Page 12 of 26 I AGFNDA,�, (ONSI N 1 A("t-NDAS, MON1 HL 1 RI M )p I liter \1CCI ing. IMIL1,111 '01 ' NIm m,, Opon Spa,, t J X21 P •1. contracted on the enclosed "tichedule of Subcontractors' . Attachment °'II" Schedule of Subcontractors. CRA reserves the right to accept of refect ani, or all proposals wherein a Subcontractor is named, and to make the award to the Proposer, who. in the opinion o CRA, will be in the best interest of and/or most advantageous to CRA. CRA also rescra C, the right to refect a proposal of an} Proposer if the proposal names a Subcontractor who has prev nously failed in the proper performance of an award or failed to dela er Contract, of a similar nature on time, or is not in a positron to perforin properly under this awarit The CRA resery es all rights in order- to make a determination as to the foregoing. Proposer shall include in then- Proposal a statement that if selected to enter into a Construction Phase Contract. that they shall periodically throughout the terns of the Contract. provide the CRA an updated list of all subcontractors working on the Project 2.13 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug-free workplace The bidder shall complete and submit with its bid proposal the attached certification, Attachment "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsi x c 3.0 PRICING AND COSTS 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment "J" Proposal. The scope of the Construction Firm's Work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents 1.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants. if any) providing Construction Services. 3.3 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firms current bonding limit and rating. Complete and include Attachment "K" Proposal Bond Do not include bond costs in your fee or General Conditions 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects Page 13 of 26 ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Proposal documents, construction plans and specifications may be obtained online at www.boyntonbeachcra.com or from the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. Boynton Beach Community Redevelopment Agency 14 Boynton Harbor Manna Open Space Project ,A TTACHMENT "B` ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this General Contracting Services Bid Proposal RFP by entering YES or NO to the space provided and indicating date received. Enter -0- if no addenda are issued bN, the CRA No. 1 Date No ? Date No. 1 Date No.4 Date Proposer's Signature Title Boynton Beach Community Redevelopment Agency 1 S Boynton Harbor Marina Open Space Project ATTACHMENT "C" STATEMENT OF NO RESPONSE If you are not submitting a proposal on this service/commodity, please complete and return this form to: Boynton Beach Community Redevelopment Agency 710 North Federal Highway, Boynton Beach, FL 33435 Vendor/Company Name: Mailing Address: City: Telephone Number: () Vendor Signature: Date: State: Zip: Fax Number: (� WE, the undersigned, have declined to respond to your Proposal for the General Contracting Services Bid Proposal RFP because of the following reasons: Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/ explain below). Insufficient time to respond to the Invitation to Proposal. We do not offer this product or an equivalent. Our product schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. Specifications unclear (explain below). Other (specify/explain below). REMARKS: Boynton Beach Community Redevelopment Agency 16 Boynton Harbor Manna Open Space Project EUILTO11131;101 PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment AgencN To: 710 North Federal Highwati Bovnton Beach, FI 11435 Release Date: 12012 Project Title: General Contracting Services Bid Proposal — BOYNTON HARBOR MARNIA OPEN SPACE (Project) Proposal Received 2012 Proposals must be received in their entirety by By: the Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agenc} unless specified otherwise. Proposal receiving date and time is scheduled for _ - 2012. NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time All awards made as a result of this proposal shall conform to applicable sections of the chartei and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: ( -) Fax Number: Mailing Address: City: - State: -- - Gip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) Boynton Beach Community Redevelopment Agency ! Boynton Harbor Marina Open Space Project ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 18 Boynton Harbor Manna Open Space Project ATTACHMENT "F"° SAFETY RECORD 2010 2009 2008 2007 2006 1. Number of Injuries and Illnesses 2 Number of Lost Time Accidents 3. Number of Recordable Cases 4 Number of Fatalities Number of Direct Hire Fixed 5 Hours Worked Signature Title Subscnbed and sworn to before me This day of My Commission Expires 0 Boynton Beach Community Redevelopment Agency ( y Boynton Harbor Marina Open Space Pro_lect 1. 2. 3. 4. 5. I ATTACHMENT "G" STATEMENT OF RELATIVE CONSTRUCTION EXPERIENCE Name of Proposer: Business Address: When Organized: Where Incorporated: How many years have you been engaged in the contracting business under the present firm name? General character of work performed by your company: years 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * _ Yes _ No 12. Experience in performance: Project $ Value Contact Name Phone # Boynton Beach Community Redevelopment Agency 20 Boynton Harbor Marina Open Space Project ATTACHMENT "H" SHEDULE OF SUBCONTRACTORS Proposers are to submit a detailed listing of anv Suhcontractor(s) participation of any portion of this project for anv reason Attach additional pages if necessary Project Title: General Contracting Services Bid Proposal RFP Boynton Harbor Marina Open Space Issuance Date: Proposers Name: Name/Address/Phone of Type of Work to he Subcontractor Performed Dollar Amount "i„ of Total Name: Address Phone Name: Address Phone i Name: i fAddress i Phone Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Open Space Project ATTACHMENT "I" DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 22 Boynton Harbor Marina Open Space Project ATTACHMENT "J" PROPOSAI Project Title: CONSTRUCTION BID PROPOSAL BOYNTON HARBOR MARINA OPEN SPACE (Project) Name of Proposer: We propose and agree, :f this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment. machinery. tools, apparatus. means of transportation. construction, coordination, labor and services necessary to complete; proti idc the work specified by the Contract Documents Having studied the documents prepared by VHB and REG and having examined the project site we propose to perform the work of this Protect according to the Contract Documents and ani Addenda which we have received The Proposer agrees to accept as full payment for the Protect GRAND TOTAL: and (amount written to words has precedence) Dollars Cents The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter (1) Original and four (4) copies of proposal submitted Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the C ontract including all Contract Documents. and will execute the Contract and perform all its items. covenants and conditions, all in exact compliance with the requirements of the specifications and drawings Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Open Space Protect The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date Name of Proposer, Corporation, Firm or Individual By: Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: Boynton Beach Community Redevelopment Agency 24 Boynton Harbor Manna Open Space Project ATTACHMENT "K" PROPOSAL BOND STATE OF i COUNTY OF KNOWN ALL MEN BY THESE PRESENTS. that as Principal, and as Suret,,, authorized to do business in the State of Florida are held and firmly bound unto the Owner. Bo ty iton Beach Commumtv Redevelopment Agency in the penal sum of Dollars ($ ) lawful money of the United States. for the payment of whish sum will and truly to be made, we bond ourselves. our heirs, executors, administrators and successor, jointly and severally, firmly by these present, THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated 2010. for NOW THEREFORE, A If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted. and give bonds with goods and sufficient surety or sureties. as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect B In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect. otherwise to remain in full force and effect C I'his bond is given to comply with Section 255 05, Florida Statues. and any action instituted by any claimant under- this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 05(2). Florida Statues (Proposal Bond Continued) Boynton Beach Community Redevelopment Agency �_ s Boynton Harbor Marina Open Space Protect IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) 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Heart of Boynton Redevelopment Strategies 2001-2011 City and CRA Funds Spent and/or Approved Activity to Date Status TOTAL $ 28,840,404 Purchase of Boynton Purchased land. 32 S/F Homes planned for West 1 Terrace $ 7,500,000 Side NE 4th/5th Avenue 2 Assemblage $ 2,442,500 Closed on a total of 2.69 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324„252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non -profits to conduct numerous Community Improvement trash pick-ups, purchase of trash cans and 7 Grant $ 25,000 support of neighborhood clean-up efforts Total of 14 lots developed into affordable single - 8 Housing Infill $ 976,310 family homes MLK Corridor Property 9 Assemblage $ 4,031,866 assembled 3.8 acres Galaxy Elementary 10 Painting $ 92,000 completed 11 CRA Policing $ 459,500 HOB is 29% of CRA. Total spent = $1,579,531 12 Trolley $ 141,667 12% of ridership originates in HOB Carolyn Sims Park 13 Community Center $ 8,800,000 Completed 2/08 Seacrest/MLK 14 Streetscape Plans $ 185,000 Completed Seacrest/MLK 15 Streetscape $ 1,300,000 Completed 6/2011 Ocean Breeze West Site 16 Development $ 520,000 site work for 21 home subdivision 17 Small Business Classes $ 57,532 Completed 5 Sessions 18 St. Johns Family Picnic $ 8,000 completed 19 Heritage Festival $ 30,000 2 events TOTAL $ 28,840,404