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Agenda 02-14-12 T BOYNTO 'BEA CRA Board Meeting Tuesday, February 14, 2012 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order 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 — Friday, February 17, 2012 B. Heritage Celebration — Saturday, February 18, 2012 C. Downtown Open Market — Sunday, February 26, 2012 D. Movies on the Ave. — Friday, March 2, 2012 E. Sunday Funday — Sunday, March 11, 2012 VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting January 10, 2012 B. Approval of Period Ended January 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Commercial Facade Grant to Family Development Partners, Inc. (Subway Regional Offices) E. Approval of Interior Build -Out Grant lo I- am1b, I)e'elopment Parineis ina. +"U)'v,r, Regional Offices) F. Approval of Interior Build -Out Grant to Cuthill's. Inc d /b /a Cuthill's Backyard G. Approval of Rent Subsidy Grant to Cuthill's, Inc d /b /a Cuthill's Backyard H. Approval of Interior Build -Out Grant to GPS PEO. Inc 1. Approval of Interior Build -Out Grant to Law Offices of Angelo A Gasparri. P.A. d/b /a Debt Relief Law Center of PBC VIII. Pulled Consent Agenda Items IX. Information Only: A. Public Comment Log B. Update on Marketing Incentive Program C. Events Recap - January 2012 D. Memo Regarding Mr. Oyer's Statements at Building Board of Adjustment and Appeals X. Public Comments (Note comments are limited to 3 minutes in duration) XI. Old Business: A. Update on Outcome of the Palm Beach County Board of Commissioners Decision on the Dive Shop Demolition and Discussion of Future Action and Consideration of Letter of Support to BCC B. Consideration of Request by Kaufman Lynn Construction, Inc. to Revisit the Approval of Change Orders Under the CMAR Contract Agreement for the Ocean Avenue Projects C. Update on Code Lien Foreclosure Matter on Luchey Property Located at 118 and 128 MLk. Blvd. and Consideration of Offering Lender $140,000 to Purchase Both Properties D. Discussion of Expanding Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items XII. New Business: A. Consideration of Second Amendment to Development Agreement between CRA and HFHSPBC CLT. Inc to Update Legal Descnption B. Discussion of Directing Staff to Operate Under FSS 288.075 for the Old High School and 1 own Square Project C. Discussion of Status of Mayors Challenge Event XIII. Executive Director's Report A. Project Status Update and HOB Investment Update XIV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics (Tabled 11 /8 /11) XV. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F S 286 0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY PLEASE CONTACT THE CRA AT (561) 737 -3256 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST BOYNTON =BEACH 1 cA CRA BOARD MEETING OF: February 14, 2012 Consent Agenda 1 I Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report 1 SUBJECT: Ocean Avenue Concerts, Friday, February 17, 2012. SUMMARY: • On Friday, February 17, 2012, the Boynton Beach CRA presents the Ocean Avenue Concert Series with The New Horizon Band performing R & B. • 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 or outside food and drinks please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS /OPTIONS: creeet,%.r., . n-ea Kathy Biscuiti Special Events Director G \CRA Board \T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting ‘FY 2011 - 2012 Board Meetings\February 2012 \Ocean Avenue Concerts February 2012 docAvenue Concerts February 2012 doc •• • • • _ • • 7 icz: octfin fiVt nul de iik CONCERT SERIES .,,,,,„, ..... Bring the Entire Family... FREE CONCERTS Friday February 17, 2012 6:00 - 9:00 PM The New Horizon Band Friday March 16, 2012 6:00 - 9:00 PM The People Upstairs Friday April 20, 2012 6:00 - 9:00 PM Friday May 18, 2012 6:00 - 9:00 PM Ocean Avenue Amphitheater On East Ocean Ave., between Seacrest Blvd. and NE 1st St. Ample free parking available on site. Bring your folding chairs and dancing shoes, but not your pets. Gourmet Food Trucks on site with a variety of tasty options. For Information call: 561 - 742 -6246 www.boyntonbeachcra.com BOYNTON ^ ,{ R� \/ A The Palm Beach Post LIVING _ BEACH �/■ `/ \ c, .: „P stcom t' �n .com BOY NT O N ' 1 BEACH CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda 1 1 Old Business 1 I New Business 1 1 Legal 1 I Executive Director's Report SUBJECT: Heritage Celebration, Saturday, February 18, 2012. SUMMARY: • On Saturday, February 18, 2012, the Boynton Beach CRA presents the Heritage Celebration. • This FREE event will take place at the Ocean Avenue Amphitheatre from 11:OOAM to 4:OOPM. • Live concert by Clinton Powell and the CP +3 Band. • Family fun activities include; rock climbing wall, trackless train, bounce house, face painting, games and arts & crafts. • Food and Drinks provided by the latest food craze: Gourmet Food Trucks. • Bring your folding chairs or blankets. • Ample FREE parking onsite. • No pets or outside food and drinks please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS/OPTIONS: it.,. . / li, ,/ Kathy Biscuiti Special Events Director G \CRA Board \Hentage T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\February 2012 \Hentage Celebration 2012 doc2012 docnue Concerts January 2012 doc Boynton Beach Heritage Celebration �►ERUTAG 014 Celebrate Boynton's heritage through E food, music, arts & crafts and more downtown on Ocean Avenue! Friday, February 17, 2012, 6 - 9 p.m. Ocean A venue Concert at the Amphitheater The New Horizon Band 1 Bring chairs or blankets! Gourmet Food Trucks on site! C °N�n SERIES Saturday, February 18, 2012, 11 a.m. - 4 p.m. Family Fun Day on Ocean A venue Bounce House • Trackless Train Craft Station • Face Painting Rock Climbing Wall • Food & Drinks CP +3 Band f R &B and Jazz) 4 Events are FREE and are held on Ocean Avenue between Seacrest Blvd. and SE 1st St., two blocks south of Boynton Beach Blvd. 561- 737 -3256 • www.boyntonbeachcra.com 80 gNN EAC CRA BOYNTON B EAC H CRA BOARD MEETING OF: February 14, 2012 Consent Agenda I Old Business I New Business I Legal I I Executive Director's Report SUBJECT: Downtown Open Market — Sunday, February 26, 2012. SUMMARY: On Sunday, February 26, 2012, the Boynton Beach CRA presents the last in 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 "oldies" 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 or outside food and drink please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: Kathy Biscuit' Special Events Director T• AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \Downtown Open Market February 2012 doc .,h BOYNTON i.111 BEACH cA CRA BOARD MEETING OF: February 14, 2012 Consent Agenda 1 I Old Business I New Business I Legal I 1 Executive Director's Report SUBJECT: Movies on the Ave. Friday, March 2, 2012. SUMMARY: • On Friday, March 2, 2012, the Boynton Beach CRA presents the Movies on the Ave. film: Moneyball — PG -13 starring Brad Pitt. • This FREE event will take place at the Ocean Avenue Amphitheatre from 7:00 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 or outside food or drinks please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS/OPTIONS: d-t - C:F Kathy Biscuiti Special Events Director T• \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \Movies on the Ave March 2012 docT \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012\Movies on the Ave March 2012 doc I❑❑❑ D ❑❑❑ n �- Q1 OVI( O N T4 -I1v Boynton Beach Presents... FREE OUTDOOR MDVI E S E R Friday March 2, 2012 7:00 PM Moneyball, PG - 73, featuring Brad Pitt Friday April 6, 2012 8:00 PM Friday May 4, 2011 8:00 PM Ocean Avenue Amphitheater On East Ocean Ave., between Seacrest Blvd. and NE 1st St. Ample free parking available on site. Bring your folding Bring the Entire chairs or blankets! No pets. Family... FREE MOVIES! Gourmet Food Trucks on site with tasty treats & drinks available for purchase. For Information call: 561- 742 -6246 or visit www.boyntonbeachcra.com rat Th Palm Beach Past LIVING BO B Palm5earhPostcom FLA.com ,„,,, ,‘ BOYNTON BEACH CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda 1 Old Business 1 ( New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: SUNDAY FUNDAY — Sunday, March 11, 2012. SUMMARY: • On Sunday, March 11, 2012, the Boynton Beach CRA Sunday Funday continues at the Boynton Harbor Marina • This FREE event will take place from 1:00 PM to 4:00 PM • The event will include inflatables and other family friendly activities. • The Wildfire Band provides Island Music and plays percussion instruments with the kids. • Food and Drink provided by Two Georges Waterfront Grille.. • Parking onsite in the parking garage and on the NE corner of N. Federal Hwy. and Ocean Avenue. • No pets please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS/OPTIONS: /� , Kathy Biscuiti Special Events Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meetmg\FY 2011 - 2012 Board Meetings \February 2012 \Sunday Funday March 2012 docG \CRA Board \Sunday Funday March 2012 doc 4 4e "-- r+ 81./ND-A . ` FUNDAY Free event presented by the Boynton Beach CRA Join us at Boynton Harbor Marina for an afternoon filled with sun, fun and music! 1 - 4P.M. New, themed activities each month January 8 April 1 February 12 May 6 March 11 Family Fun! Children's Activities N Entertainment -� '' r Live Music! 11 It. II ' �i .,n Food & Drink Specials! By Two Georges Waterfront Grill Directions: Boynton Harbor Marina is located on the NE corner of Ocean Avenue and the Intracoastal Waterway. Free Parking: Garage parking is available in the Marina or lot parking at the NE corner of Federal Highway & Ocean Avenue. Boynton Harbor Marina ❑ ` ❑ 735 Casa Loma Boulevard BOYNTON CRA - -BEACH ` fr • (561) 737 -3256 re , o • . • www.boyntonbeachcra.com .4 Palm Rc acl� Past ❑ . www.boyntonharbormarina.com PamBeacnvo;c«m Scan this QR Barcode with your phone to learn more about the CRA MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD ON TUESDAY, JANUARY 10, 2012 AT 6:30 P.M. IN THE CITY COMMISION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA Present: Woodrow Hay, Chair Pro Tem Vivian Brooks, Executive Director James "Buck" Buchanan James Cherof, Board Attorney Steve Holzman Mark Karageorge Absent: Jose Rodriguez, Chair Bill Orlove, Vice Chair Marlene Ross Before calling to order, Attorney Cherof explained that due to the Chair and Vice Chair's absence, there should be a motion to appoint Mr. Hay to Chair Pro Tem as he had seniority. Motion Mr. Karageorge motioned to appoint Mr. Hay as Chair Pro Tem for this meeting. Mr. Buchanan seconded the motion that unanimously passed. I. all to Order — Woodrow Hay Chair Pro Tem Hay called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation and Mr. Buchanan led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge suggested deleting Informational Announcements in order to expedite the meeting. Chair Hay advised he wanted to pull Item VII. A. Approval of Minutes B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda. Mr. Hay seconded the motion that unanimously passed. V. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items There were no disclosures. B. Informational Announcements None. VI. Announcements & Awards: A. Ocean Avenue Concert — January 20, 2012 Kathy Biscuiti, Special Events Director, advised on January 20, 2012, the Ocean Avenue concerts would begin again. A classic rock band would be playing. It would be held from 6:00 p.m. to 9:00 p.m. Gourmet food tucks would be on site. B. Downtown Open Market — January 22, 2012 The Downtown Open Market would be held at the same location as the concert. Gourmet food trucks would be on site and an oldies band would be playing from noon until 4 :00 p.m. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting December 13, 2011 This item was pulled. 8. 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 Facade Grant to Cuthill's Backyard, LLC VIII. Pulled Consent Agenda Items: VII. A. Approval of Minutes — CRA Board Meeting December 13, 2011 Chair Pro Tem Hay advised there was a correction to the minutes on the first page. Under Informational Items and Disclosures, it stated he talked with Mr. Hester. Since Mr. Hester passed away quite some time ago, it should state he talked to Douglas Besecker. Motion Mr. Holzman moved to approve the minutes as amended. Mr. Karageorge seconded the motion that unanimously passed. IX. Information Only: A. Public Comment Log X. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Pro Tem Hay opened the public comments. No one coming forward, public comments was closed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 XL Old Business: A. Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. Motion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed. XII. New Business: A. Consideration of Taking Ownership of City -Owned Property located at 110 NE 6 Street, at Ocean and Casa Loma Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and ft was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage Motion Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staffs recommendation. Mr. Karageorge seconded the motion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL ]anus 10, 2012 C. Consideration of Issuing General Contracting Services Bid RFP for Boynton Harbor Marina Open Space Project Motion Mr. Karageorge moved to approve option 3, once the finalized data is received from the Building Department. Mr. Buchannan seconded the motion that unanimously passed. =II. Executive Director's Report A. Project Status Update and HOB Investment Update Mr. Karageorge wanted to thank Ms. Buscuiti for doing an excellent job with the events. In addition, the groundbreaking at the Ocean Breeze site was a great success. XIV. Future Agenda Items: A. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) XV. Adjournment There being no further business to discuss, Chair Pro Tem Hay adjourned the meeting at 6:43 p.m. , f_ �''L 4}),-/ t Ellie Caruso Recording Secretary 5 BOYNTON a cRA =BEACH CRA BOARD MEETING OF: February 14, 2012 X Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending January 31, 2012. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve January financials. • Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012\Financ,al Report doc I O ,- 1 0 0 0 0 h M 10 t0 O U1 N h CO H 0 h H N 0 0 +D II 0 F 7.. o M o 0 0 0 H ID M d' H d' 1!1 01 10 o d• N 61 O o M II 0 44 z I - 1 0 (( Z H V 0 0 0 01 t0 0) H 40 t0 'D 0 h .-4 0 40 0 10 0 0 0 +I 1 o .-+ CO (0 r fV CO M r r In o v) h r 0 0 a+ c,, i 9 H O h o 10 O H O N M H Ill O M M 01 0 O 1-1 N 0 0 h 40 [ Q o 01 d' in O O M 00 h In H r- 0 T d' O N N 10 O O O O W 'D d' 01 40 0 M N 10 01 40 0 01 10 0) 0 0 d' L0 M M H In N W U 01 111 N 0 O N U1 t0 N d' 10 N 10 01 h 0 M h 0 H 10 H 01 0 h d' M 0 01 01 l0 10 M d' h M N d' 0 M d' to in in N N OD 01 .-I h 0 N OD co h N N M 01 0 Ut U1 01 LO 10 M 01 01 t0 U M .-I m M H 40 .-1 N O M ID 40 N N CO h d' H .-4 co u0 Z In W 10 d' H H N N CO H In N h M H 'V t0 .1 0 0 0 0 0 O 0 0 0 0 N 0 0 0 \0 0 0 N 0 0 0 0 1 0 Q 0 0 0 0 0 0 0 0 0 0 CO 0 h d' N 0 to 01 O 0 0 40 1 10 O C 0 0 0 O 0 0 0 0 f n O U1 N 01 O h 01 O - 1 +'? 0' 0f W M d' d' H N H U 0 in N H h N H ii 0` 01 E. 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(1 m I N v-i N Z (O I M i . + 7� 4Y N f I q 0 II O I raa� 0 • 0 O Q M 1 M F �D Vl I U1 o T I OI Z 11 F 11 rn II � • F O U � 11 0 II z 4 N E a!1 N g D o 2 .-1 11 4 E II O a' H CI) m MI M z • I W � W F H .-1 I vi F f+ h 1 R y I W 1 Oa [v to >4 O -4 11 0 frl el 11 � � M g 111 II .i II 0 El m . II I, 0 "li O CO M 1 1 11 II U) E 2 N w i W �+ F 1-i CO F �i y y Pa 4 p ri O o a W 1-4 0 1-4 H 1Z co H t) 2 0 ao tr, a 0 I �C W 1 N o Q 0 F g ,,,,,, . BOYNTON T ., =BEAC CRA BOARD MEETING OF: February 14, 2012 X I Consent Agenda I 1 Old Business 1 1 New Business 1 1 Public Hearing I 1 Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for January 2012. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. Susan Harris, Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \February 20121Purchases Less Than $25,000 doc Boynton Beach CRA Purchase Order Report Month: January 2012 - -- - - - -- Vendor Amount - ------------ - - - - -- - - -- -- - - - - - -- _ T Funding Source Description Boynton Beach Boulevard Extensor Superior Landscapin• _ $ 11,575 General Fund 01 -51620 -209 Landscapin• Cuthill's Backyard $ 15,000 Pro ect Fund 02- 58400 -440 Commercial Facade Grant 1 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 2012 Board Meetings \February 2012 \Monthly Purchase Order Report - Jan 2012 Boynton Beach CRA Purchase Order Report Month: January 2012 Vendor Amount Funding Source Description Boynton Beach Boulevard Extension Superior Landscaping $ 11,575 General Fund 01- 51620 -209 Landscaping Cuthill's Backyard $ 15,000 Project Fund 02- 58400 -440 Commercial Facade Grant T: \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \Monthly Purchase Order Report - Jan 2012 BOYNTON =BE CRA BOARD MEETING OF: February 14, 2012 X I Consent Agenda 1 1 Old Business 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Family Development Partners, Inc. (Subway Regional Offices). SUMMARY: Family Development Partners, Inc., as the owner of the property located at 508 East Boynton Beach Blvd., 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 adding an addition to the existing space and doing a complete exterior renovation. 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 Family Development Partners, Inc. for program eligible items for the property located at 508 East Boynton Beach Blvd., Boynton Beach, FL. Vivian Brooks Executive Director BOYNTON iNfeceivrr EACH` 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 Fi�ifl(/ e f ie( e 1 c Address of Property ees.t.k ! Owner 5� S E., t1 6l Vc Y City /State Ci30 (y 1 I i _ _ Zip Code' 3 3 Y3 ' Phone # Day 510 L 7 r J o 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 Address of Business City /State _ Zip Code - Phone # Day Evening: Initials Page Page 1 of 6 710 North Federal highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 ww. bo'• ntonbcachcra,com Q a 5 Type of Business: '♦�� 1 2-V LL©c tl. " 1 W1\ k�'r 1(• rW`� w t)�01.� \.-I` i� >'rf 1 'tL Years of Operation. � R Number of Employees: q Annual O t Payroll: 1 CQ Number of Employees residing in Boynton Beach: List of improvements proposed: I. 4 Cs r Or • 0 an i!I 1111.1 ��, !Alit :. A -- • ,, CO . II. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: • Painting • Shutters • Awnings /canopies • Decorative exterior facade improvements • Exterior doors/windows • Landscaping around the building • Irrigation • Parking lot re- paving, re- sealing, re- striping • Exterior lighting • Patio or decks connected to the building • Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) / • ADA improvements / ' Initials G� Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.boyntonbeachcra.com 4 All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach /Palm Beach County Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant application 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA Any work completed prior to receiving grant approval is ineligible for reimbursement 6 The Facade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval 7 The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity The Board may consider time extensions Disbursement of grant funds shall only occur if the following conditions are met: 1. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable) 2. CRA has received copies of final "paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos III. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal _, Initials Lr ' 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.bovntonbeachcra.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. '/ T. Copy of Warranty Deed 2 -of- Lease-. 9 Project work write -up(s) describing in detail the scope of the project, /Plans or sketches if applicable, • Site plan and plant list for landscape projects, el Third -party cost estimates from three (3) licensed contractors, . Estimated time line, ,1 vidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), OA minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", 1 Signage design with colors & materials proposed if applicable, 1 Project color chips / material samples if applicable, and material specificati - si Initial A . Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Applicable documents must be attached for the Application to be processed By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING it is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, includi - pram and Reimbursement Regulations. Witnes - 0//Q t ) Property Owner (Date) Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) . i . , STATE OF FLORIDA COUNTY OF '— f C* (Y' t3erACh. BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Lartti.1 Jtelmar, who is personally known to me or produced 1 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 _ q day of 4 , 201. NOTARY PUBLIC QWK N My Commission Expires £ "a - 1 Q`-- Page 5 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 (Tenant/Business owner's signature must be notarized) i tness (D e) Tenant/Business Owner (Date) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared L.. e or , who is personally known to m Lr✓1 produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 94 day of , 20/a • NOTARY PUBLI I • C am ` 1:slY „ ' • • My Commission Expires: 5 -gp4 67 €4 11 144SO 1EA° Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.bovntonbeachcra.com I CD &D BID BREAKDOWN ANALYSIS 1 1 Location SUBWW Headquarters Store Address 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Developer CD&D, Inc. Architect API 7 Sit_e_gineer Store Size (Square Footage) 4,100 County Palm Beach Bid Date January 26, 2012 Drawin 2: Date: 1 ! Contractor Logistics Construction Patron Construction Bid Grand Totals $568,650.00 $790,171.00 General Conditions AMOUNT AMOUNT Building % $19,000.00 $30,500.00 Site % S12,250.00 Temp Bathrooms/Temp Utilities $6,000.00 $3,670.00 Dumpater/Clean up $2,900.00 $3,500.00_ $1,000.00 $18,020.00 SUBTOTAL GENERAL CONDITIONS _ $*901L00( $67,940.00 1 Demolition AMOUNT AMOUNT Asbestos Removal NIC Demolition S8,750.00 $6,800.00 Wet Demolition NIC , SUBTOTAL DEMOLITION 58,750.00 $6,800.00 Site work- (Only if applicable) AMOUNT AMOUNT Clear and Grade NIC $3,500.00 Pad Prep MC 52,500.00 Decorative landscape items NIC $1,000.00 Termite Control MC 58,532.00 Landscaping $10,000.00 $6,500.00 irrigation 53,200.00 $9,845.00 50.00 Temporary Construction fencmg 51,000.00 54,000.00 Permanent Project forcing NIC 50.00 S� 52,000.00 Dampener Enclosure NIC excluded Paving NIC Brick Pavers NIC _ $2,100.00 Lot Striping/Seal coating 5600.00 56,900.00 Curb and Gutter _ 5700.00 _ Concrete Sidewalks 5600.00 Concrete Paving NIC Retaining Walls NIC flfT Wnrk NIC excluded Site Water Supply INCLUDED IN PLUMBING Site Electrical INCLUDED IN ELECTRIC Site Sanitary Sewer INCLUDED IN PLUMBING Site Gas NIC Site Lighting SEE ADD ALTERNATE pffsite Utilities NIC — WATER DETENTION Under ground vaults at site NIC Retention pond on site NIC Remotion pond off site MC SUBTOTAL SITE WORK h 516,100.00 $46,877.00 Concrete Building AMOUNT AMOUNT Concrete Building Footings Slab on Grade Saw cutting New Floor or patching 54.500.00 SUBTOTAL CONCRETE 50.00_ 54,500.00 Masonry AMOUNT AMOUNT Masonry incl sealants 578.000.00 588,250.00 Brick / Tile Veneer (Exterior) MC excluded Stucco (Exterior) 522,300.00 Create New Masonry Opening SUBTOTAL MASONRY 5100,300.00 588,250.00 Metals AMOUNT AMOUNT Strucpnal Steel 810,000.00 Metal Joists/Decking 564,010.00 Metal Fabrications Metal Framing ( LOGIC STEEL TRELLIS) 521,600.00 88,500.00 Mac Iron work 510.000.00 SUBTOTAL METALS 541,600.00 572,510000, Carpentry AMOUNT AMOUNT Rough Carpentry INCLUDED IN SHELL 5250.00 Wood Trusses installed NIC Sheathing INCLUDED IN SHELL Framing and Trim (Logistic add drywall) $19,500.00 Finish Carpentry and Trim NIC 59,160.00 Millwork and Cabinets 520,600.00 517,650.00 Decorative Wood Panels NIC Wood Framing Blocking INCLUDED IN FRAMING 5400.00 SUBTOTAL CARPENTRY_ 540,100.00 ' 527,46000 Thermal and Moisture Protection Building Insulation $4,500.00 Cell Fill Insulation 53,200.00 Roof System Patching 148,200.00 SUBTOTAL THERMO/MOIST PROT._ 547,000.00 555,900.00 AMOUNT AMOUNT Steel Doors and Frames INCLUDED IN HARDWARE $20 000.00 Wood Doors 527 500.00 Interior Storefront $36 000.00 555,500.00 Exterior Storefronts Doors Hardware 514 500.00 Traffic doors 513,500.00 n 1r SUBTOTAL WINDOWS & DOORS 564,000.00 6103,000.00 Finishes AMOUNT AMOUNT Exterior Insuladon and Finish System Gypsum Board Systems _ $46,150.00 Floor tile Dining Room, Hallway & Rest room $9,800.00 Floor tile Kitchen and Front Counter 58,000.00 -_ Tile Bar Face me Installation Wall tile behind front hunter (interior) see flooring Wall base 56,389.00 FRP Wall covering Kitchen Wall Covering Bathrooms - Tile (interior) $1,000.00 S450.00 Wallpaper *elation Exterior Paint $12,000.00 516,125.00 Interior Paint 59,600.00 Suspended Acoustical Ceilings $13,000.00 $9,470.00 Suspended Acoustical Water resistant Ceilings Window Shades / Shutters (Interior) Wall covering laminate Stonewall Window sills marble $1,800.00 SUBTOTAL FINISHES $53 ,400.00 $78,584.00 Specialties AMOUNT AMOUNT Fun Extinguishers 5100.00 $450.00 Restroom Hardware (soap, paper, hand dryer, grab bars. etc.) $2,000 00 514,000.00) New counter top for sinks New wall faucet ------ Bathroom Toilet & hand sinks New counter top for sinks New wall faucet Baby Changing stations Carper guards Cary system Alarm System Clearance Bar POS avatar' wire (CAT 5) SUBTOTAL SPECIALTIES 52,300.00 S14,450.001 Roofing AMOUNT AMOUNT J Sheet Metal Roof Roofing Tiles Preformed Metal Roof Panels Single Ply Roofing System lite weight Concrete Roof Insulation - --- Roof Hatch Built up Roof System Build up (Roof Patching) Roofing Svstan(Flashing for MC Curbs) Mechanical AMOUNT AMOUNT HVAC units $38,000.00 $38,250.00 RTU roof curbs Duct work Gdns.( thermostats Hood /exhaust — vent system (Captive Air) drywall SUBTOTAL MECHANICAL $38,000.00 $35,250.00 Plumbing AMOUNT AMOUNT Rough plumbing Plumbing fixtures (sinks, floor sinks. etc.) $7,496.00 Owner equipment installation Grease nap/ intereepmrs Gas piping- tanks Fire Sprinklers SUBTOTAL PLUMBING $8,000.00 $7,496.00 Electrical AMOUNT AMOUNT Basic,appliance & GFI receptacles $65,220.00 Light switches TV , phone & Low voltage rough -in Owner Equipment installation Light Fixture package Lighting installation Special receptacle Specialty items New electrical panel & circuit breakers Step Down Trandbmuter FIRE ALARM ` SUBTOTAL ELECTRICAL $65,000.00 $65,220.00 SUBTOTAL ALL 513,450.00 677,237.00 OVERHEAD (8 -10 %) 13,200.00 56,467.00 PROFIT ( 5 -10 %) 42,000.00 56,467.00 Credit GRAND TOTAL $568,650.00 $790,171.00 con per SF 8138.70 $192.72 CONSTRUCTION TIME 1 Contractor NAME I Logistics Construction Petrone Construction Principal Contractor Manager Brandon Roth Bill Patron. Phone 305.770 - 2444 305.086.2022 COMMENTS: VOLUNTARY ALTERNATIVES +1- $ 1 2 Agustin Amaro From: Bill Patron [patroneconstruction@gmail.com) Sent: Tuesday, January 24, 2012 3:37 PM To: Agustin Amaro Subject: Headquarters Attachments: Breakdown form - Subway headquarters Finai.xls Agustin, Here is the bid for the headquarters. The drawings were not very clear and difficult to bid. Please call me with any questions you have. Thanks, Bill No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1416 / Virus Database: 2109/4763 - Release Date: 01/24/12 BID BREyAKDOWN Cankactar Location SUBWAY' � REGIONAL OFFICES Stop Atkkas 503 East Boynton Bach Blvd, Boynton Beach FL. Devebpar CDMD, INC Arclliect API Group St. Engineer Stan Sms ( re Footage. 1976 SF renovation & 2,166 SF New CaxilY Bid Date Thursday, January 12, 2012 Drawings Date. / a li'Aenraeamalbrs-t ±t . T . -'w '° w -.«- sro mw�..a- m �wre.«w � �e.�I# [: a' .'l a""'.'r� .47Ct tk1MtNttal4 "' en ,, ';',s -,a. '✓ P 10.200 Onlaral i 12,260 tenertexy Fealties $ 8,270 Sts rd Find chants i 3,200 Brriss a Enciceuraa i 1,900 Stamm container Insurance i 4,720 Bond Diameter , $ 3.500 Perm[ M) , i 2,000 Tax( MUyIf -,,f able) Oen/rat CowdboIr Total j $7,1140 Demolition kern— o dr , , Grantr:rrai , ; ,, , Aebonen Removal DemoItion 6,800 Wet Domobt or DemoIlNau T o t a l Site work- work- =«tins a, AftwAr. az.4.1340029MtdUttzaf O r and Grade , i 3.500 Pad Prep 2,200 Decarallne landscape hens Excluded Tema.CoMrd i 1.000 l.anduselna 3 2,282 Irrealon 6 600 True Relocation 0L5 Tangaary Conmeuatfcnlencks 4,000 Pennant Pelee fencing Swveyku $ 2.000 Dumas Enobsun Excluded erlor Pavra �Alo��oe) i 2.100 Lot 8IrIi* coatlro l mph* addle S 2.000 Cub and a Conover Stiwvets Come PvAir Reuedna Web DOT Work Excluded UTILmES Mater . Sib Wake &pay 88. socirlod Sae Swam Serer Ste Goa Ste When to Orbte Wan WATER DETENTION Under ground vaunt on ate RatpO npondonsta Retention Pond RIM Gamete Paureeek STE WORK TOTAL _ 3 .::1!! Cannot* Comets Tmentahp -- - —1-11:— - 1 Concrete Paurbsck - I. _ _ �__ -- - - - . 0 00 Concrete Total ELI: f u7 Masonry :$ e4 EatsNOr Tie Finishes _ __ Ea ,dam Masonry Total Millis IMnr" �G#Ir'�arotsi': Struduel sae M acsib m sous Metals M Total $ IderARhdehsV' a� _ ."a bum u., .- 5a' _ 'OUSdfMlr�� ,14- /11 , ' , ..� MA' . ' .. fx; Paint - S - -- 10,125+ Stueco1Dryv6 i $ 25,700 bderior Finishes Total 3 ` ,e41 WtaMit w Ibin'tV` , '; - ,,; - ,';, -, '.; - • , - , ', ,-, i , r '' ,`'s. Cf - ',;• : a.: , Siupural SUM $ > - MetM JcVsCie'g J Moire $ 64,010 Maim Fabdeslbn Metal Framing $ 8,500 Megssneons Metals Woods1CsrpMSry Total $ Iiiiii W I y. Item •.., . caun,tler Cantu ,- . Wood Trusses Metalled Stn thing _, Framing and Trim Ards& Carpentry and min $ 9,160 Salina* and Cabarets -.E._ 17,650 Dacoralt t doo Panels Wood Framing Blocking - — 400 Woods/CarpsnVy Toms $ 27,460 Doors: Wtrfdswe'i Glass I item Qusnlity Comments Doors, Frames, & Ha hoses( Fire Rated)(Allowarace) i 20,000 Store Frond $ 27,500 Vestibule Auto Doors ,- -.- _ ..__ _ -- - Hurloens / Sscvhy Gates Interior Glass $ 55.500 Access Doors d Panels DoonAMndow Total ] tell >j =103.000 /r 4 , ' , ta n ." , . ,,, -',',` � te': .. .,r,ct, , a -1 ,, ,.; Talat Room $ 7.496 j, Sink Floor Drake $ Shins water dater 1. OFC1Flumbira Fixtures DriMdn6 Foutaln Plumbing Tot* ;- 1 - 1.0 0 HVAC' ,. Item 4 . ` , . . t Coin mfwis , + 'r,40' AO. HVAC - New RTII $ 38 250 HVAC- Ductwork HVAC - NgMRslocde Giles 1 HVAC - Coraheb _ HVAC - GeddpesfMBslsnoe HVAC - E desat Faro t-----:- HVAC - Roof Penetrations : �� HVAC Total Elebrioalt. Itam - Q ur 10 Y, - COm m ants . Banta' Sanaa $ e&22o Switch Gar & Parris 1 2s4 unit Firkiirs -- Tra=hts Lisatt Fhtaree - Can Liehis 'HVAC Related Electrical Work griiig,g General V lain Boas fi Low Vdtige Cabling Exterior Sign Circuit Exterior Si0n Connections Data & Comm Cab0na - _ _ ENadoil Total I (xi a ; ;° t= Iii magendllaNitara ProbaMarP4- - _ -'4 • ilem. -:,-4conweentigtvgamigolow, Iradaion 4,600 9.200 E Aoowartm i 46.200 Walaaoo0no n Roar Sadarea TWA P Total r dRN6`= ,1. . . „ r L•_l = " ram: 47 Reloads - Pleads Drop Harts Rat Alrm/Ameml tors RID Ednprihra $ 460 Fin Probation Total 1 tysammeramp I _n..,— z ` - - a ;`,a.°fK; .. c, I• - . "'�' .. r a.17* , N ..n'�: f ° ,r, �ii L'I3;c i:c 1 4 Prima & Pent Doom _ & Frames E f Wall Finlabea Total MMMMIMNMIMMMMIMMMNMMMIMIMMMMMMOMNMIMOMM E 't: 10 a "s`fa« c f +3 :' '4 i • v -, C �a,.f'r x Ci61— .. � .:� x � � ' , ,, tea, �',"A{ 'r'�; "fib � , �« � �, , � . � L 'S.4 NowAooulini Gad Nam Aomstial TN Earned Boor INEMMINIMOMIMISMIMMEMS MilililiMEMINNI Included n Pant Carpet Ttiae 1111111111111111.1.1 Cramic on Bathroom (Floor . baps) ■ S 1,810 Rubber Floor In K ten (sl Iowans) 1 502 Floor) Totat ' :;..__. E UT1 E771: r n �,... si :.f as a , »a ' 'a 'r Y„ `? lawn a . % a ,t • ..m"ti, ? M yti Fidue InatalatIon iNMENNOMMENIMMI =MEM MONIMMENNIMMININEMENNO . . E Cotantit n a N:TOTA1: „_ ;t Comraaor NAME Patrons Corrabualfan PrnrJpd Contractor Merrper Bi Palma SupsrManda t Parry Barbs Agustin Amaro From: Brandon Roth [brandon @logisticscm.com] Sent: Tuesday, January 24, 2012 3:45 PM To: Agustin Amaro Subject: Subway Corp Offices Attachments: image001.jpg; SUBWAY PROPOSAL.xls; SUBWAY QUALIFICATIONS EXCLUSIONS.docx Agustin Attached is the cost breakdown and qualifications /exclusions you requested. I would like to meet you tomorrow (Wednesday) to discuss the budget that you have to complete the project and how to achieve it. My project super is finishing a project and can get started next week with the demo of the existing building (under a separate demo permit) and set up the site. Look forward to meeting with you. Regards, Brandon Logistics Construction Management LLC 1100 East Atlantic Avenue Delray Beach, Fl 33483 561 865 6776 Confidentiality Note: This information is intended for the use of the individual or entity name above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have recieved this communication in error, please immediately notify and return the original message to sender. From: Agustin Amaro [mailto:AAmaro@SubwaySFL.com] Sent: Tuesday, January 24, 2012 11:39 AM To: Brandon Roth Subject RE: Bandon, Need your proposal by today... Agustin Amaro Director of Construction The Feldman Group Subway South Florida (561) 752 -2000 aaamarodlIsubwaysfl.com SUBWAY' From: Brandon Roth [ mailto:brandon @Iogisticscm.com] Sent: Wednesday, January 11, 2012 4:04 PM BM BRF1,41pOWN Conk.aar t,oc.6on SuBw Il r REGIONAL OFFICES Store Address SOS East B • • n Beech Blvd • • Beech FL Developer CD11D, INC Arollted API Group Sets Engineer Store Sm. (Square Footage) 1676 SF renovation 1.2,1116 SF New County Bid Date Thursday, January 12, 2012 Meddles Dabs ti ;... r P.M. Su min0endent $ 12.000 Grwal Labor $ 6.000 Trnoorary Falba $ 1.000 Ms and Rai CleanAlp 3 600 B ofors 1 Enclosures 8 Storms Container >F 1100 huuraros $ 6,000 B ond MC Dano.tsr $ 2.400 Psr.rR ) $ 500 Tax ( C M.' i14il.) NIC General Conditions Total ;i ::,«a;e*2M,g0g' Mimeos Rmeoval NIC DemsN4ae $ 1750 Wm Dm ohOoe NIC Demolition Total 311 Site work . : `k? ". Y k~ .. �. *kg x. Ch.eraml Grade NIC Pad Prep NIC Decorative sardseape kerns NIC Tanga. Control NIC IaedsomblI $ 10.000 Lnlalton $ LEO, Temporary Ca tiruction IMMO 1.000 Pawned Project Maim NIC Dienester Enclosure NIC Paving NIC 0r1* NIC Let omens $ 8Qp Curb and f 700 Commis Sidwalks $ 600 Comae Whim NIC Ru4Wnp Walk NIC DOT Work NIC We PLIED PY Crrn S1. YIrMar_ SuDd' INCI. PLUM IMG Bee El.clrlo f N�ICL ELECTRIC Sae Sarisry Sewer _ INCL PLUMBING She Om - NIC Sbs L S10 UEE ADD ALTERNATE $ Oahe UMW NIC WATER DETENTION Under greed vaults on site NIC Rslarilonpond arsbs NIC %Mellon pond drab MC Concrete Par hack sec SITE WORK TOTAL ice_ 1110 ` , QQm tty .) Commis I' INCL IN MASONRY CoComet ncrete Pour __ 1 NIC Concrete Total — _r, '" „_ Meenryl. - -4 , , , _3. .,,.,, v, n ti „ ,Min*, . i ..,* Cblipsi .... s "= i..r . k, Ilasornr SItELI 1 $ 7.000 Exkrbr Tie Faishas NIC Mp aery Total $ '.,- ,. . . . . ilridd 5 . rfi 'ire t'a ClargliVt:d l''';' —J _ '" "7 ; i. i ' . a =tows $ 10,000 Metals Total ., Pahl / II / ;.. Exterior Finishes Total I- _ - vormowsizag4.7 . , ' - y,-, - - -4Ip , ^. ,... -, r. zp� s -.'% "t _ ..a.4 b , `-° Z x,. r Saundra! Sled —( Motel JobilDeddna MOM Febiloallon WI STEEL TREWS $ 21.000 AaeaMkvsods Aletels Is Total 3 4 . � . WooirkCrroMNry Item • J punster , _.; a ` pi a. . Routh Grpmtay 1 INCL IN SHELL Wood Trusses instilled 1 NIC Sheatlirro INCL IN SHELL Frartiry and Tree AND DRYWALL 1 19.500 firth Carvenky and Tam NIC Mllwork and Cobbles $ 200 Decaalbe Wood Panels I Wood Framing Blooldn9 - INCL IN FRAMING WooddCaroentry Total $ 40.100 Daora:WMndows Item Want*" Comments Doors. Frances. & Hardwar $ 14,500 ^ Store Front AND WINDOWS $ 36.000 i Vertu —_ NIC Auto Doors NIC Hurricane/ Secu0yGates NIC Werkr Gloss $ 135 Access Doers & Pi not DoorahlAndow Total $ 0 'en 14.` 100 PNrr e,4�_ , , s ;, . .... l: & ,� f .t1.._ 4 1 M` iJ � t',,LI., 4 e'+„ * , ^'r'4, �i. »*,40!_ — TONI Room - ---- -� Floor Drains 8 Sinks 1 Water Fleeter CFO Fleabane Raves , Drkadno Fo ntein - PIunWng Toted 1 . . ". a = 0100 HVAC? "' - Naiiii.. , Qiatyifa , .. • •Ca mmirb•' - 1 HVAC - Now RTU r HVAC- Ductwork d HVAC - NeotRsIocats Grise — 1 HVAC - Cadrols HVAC - C1rddCMsNBalwroe HVAC - Exhaust Fags HVAC - Roof Penetrations _, HVAC Total 1 *000 Eleatria a .-.. , fin - L'4 be - %to mnanttv-, . _ -- ' r ,. Elenicel &Mee i L SrAoh Geer i Panels i L6ht - too _ ROM - Trade hts LAIN Rues - Can Lbl s _ HVAC Related Elecatal Work -_ W - al Baeros Law Vance Cabling — Esionor Sign CIv 4t — Exrorlor Sign Ccmec Ions Data & Comm Cables; __—. �{y �...Ssatrical Total � �`_: '`N,i,,4 ,000 - ' aZn.. tkir h iin.r w.0 �..�w }s* •++iw +G ".*' ..•wwv..,w Insulation Roam 8 Aocaeavlas WbrproaOrgA Floor Salmis P Tata *S /i;000: °e *' a �: - ...i .. "«.. ^. <, - .= ."` " .: �'t '�"' -' Add New Sid * Heads NIC NOW* SprWWHeeds NIC Drop Speeder Heeds NIC Fire AIrmlAtnudstora _ NIC Fta EaOncubhas $ 100 Fla Protection Toe 41.6642661640111 fl•ui : r 7.1 ^^v*3 r, '�a,: �` ,"t x- :�: " °�yII'9'+r��• °` ^ , � `C ' � " �__z,.u.�� " =•- r ',ai. Prime iPaitlNMsSS011ts :. - -e. Panne dr ' Dove 8 Fames MIME ENENNINEENNINEEN i' EMENIESZT 1 r.. :'" ° r ^.: +., yc'.�, �`7 i ; .:.: _; :.. ' i' ,; •. .'• 1 �. ;•. Nam Acaitioel o- NewAoonrWoal Tie INCL MINIELLTT R, 11 Carpet TNs 8 600 Ceramic an Bathroom (Floor - web) - -- -. 800 Vt4 floor INCL rr P• Tae 1 i era . ^er 4 ,144 - '., entom mot mr a r >'7I • 1 T • Room AcoaawNs r r Naw+aat IIMI111•11I.T4 . Caner •. __L• R dy $ ; NININ1.11■IMINNIIMI =ENEMA' NIG y , T�. -•J . z • F _r F coo CO l o AL . :'� Ca "«,, I MSS I Ft i f 7 Contractor NAME LOGISTICS CONSTRUCTION MGT Maya Contractor Mawr BRANDON ROTH Samdtianderl FRANK BARR ADD ALIEIWATES : Awnings C Ste and Ueda Sconces ,000 Exterior - $$. r RYCOLE CORPORATION 3300 S. CONGRESS AVE. SUITE 11 BOYNTON BEACH, FL 33426 (561) 733-3745 FAX (561) 733 -4017 January 23, 2012 Agustin Amaro SUBWAY Regional Offices 508 East Boynton Beach Blvd. Boynton Beach, p1 33435 RE: Revisal Bid - Construction of the Regional Office. Agustin, We have added the costs associated with the interior fire rated glass. We have removed the allowances. We are pleased to submit our revised bid of $795,750, subject to the attached Revised Bid Comments dated January 23, 2012. Sincerely ' - 1/ ----- erry . Howison President Attachments Revised $id C.421MS to The following are comments to and qualifications to the bid process. 1. Interior glass fire rating included. No Butt glass wall in Meeting room (not available for fire rating). Per API - no exterior glass fire rated. 2. deleted 3. Insufficient dimensions (A2 2) to construct the offices etc. 4. Front porch demolition and new structure not in accordance with the physical building. 5. Demolition note to remove the side exterior door (A2.2) in error as there is no side exterior door in the existing building. No details as to creating an opening in the block walls or structural requirements for steel, poured columns, etc. 6. No existing soils test provided but the structural notes requires conformity with the geotechnical report, see page S -1. Normal clearing of vegetation and grading of the pad is included. 7. Civil plans, C -1 notes "Fire Dept. Access" at the front of the property but the designed benches and trellis work will not permit access for trucks. 8. Exact locations of roof top a/c curbs not provided. 9. The parking lot will not survive construction due to the extent of the work. We have not included a price to repair, reseal, re- stripe or replace the parking lot since specifications have not included in the provided plans. 10. We will not guarantee any relocated plantings or trees. 11. No fire sprinklers as referred to under "codes" page A1-1. 12. Off site under ground electric not included. 13. deleted 14. Rope lighting in the Foyer, hall and Common area to be supplied by owner (According to Capitol Lighting the specified lights are in excess of$1600 per fixture with 38 fixtures needed). Fluorescent lights to be parabolic layin fixtures. 15. Ceiling tiles Armstrong #770 square edge. 145. Lounge floor — Johnsonite Raised Dot 1/23/2012 Revised Bid Comments — page 2 17. Knock box not included. 18. Roofing materials by Certainteed Corporation. Three ply system over R30 rigid insulation laid to create a slope to the roof for drainage. 19. Costs of permits, water meter and other governmental fees not included. 20. No specifications for low voltage work, no bid included for phones, television or computers. See note on E-2 — (Permit application and plans by the low voltage contractor). 21 We work very closely with our subs, therefore we will require bi- monthly payments which is the same way we worked with the owners on the Kogan & DiSalvo Building that we built on west Boynton Beach Blvd. 1/23/2012 SUBWAY Regional Office BUDGET e General Conditions Surveyor $1,200 General Conditions 54,000 Compaction Test $500 Durnpster and trash clean up 56,000 Casual labor $4,000 Cleaning $1,000 Sal Testa allowance $200 $16,900 515,900 Site Yrbr* NI Y M Pad ND and site rough grading $1,200 Demotion interior F7g $750 Demoltion Rear Well $2,000 Demo lion Wails & Csillnng 53,875 Demo and prep for side door $1,000 Under Ground Utlttties Drainage - Clam out *1,750 Lateral Location etc. 5500 Water Line $250 Construction Fencing $3,000 Water meter 50 WON Curb, Stop & HC Signege and Stop d HC Stnping $1,800 Front Walk Pavers Per At. t *2,100 Sidewalk and pads 14,200 SWAM= M= Overhead Pole d Exterior Lights $30,250 LinfiltaRittg Finish Grading 5750 1 andscep'ng per LP-1 517,550 Sod 51,500 irrigation System 55 0 575,325 *75,325 Concrete Shell inckrding slab, masonry etc. 577,350 Frontage benches etc 16,575 583,925 583.825 Precast columns and extrefer trim $0 5d *harrier Structural steel beam/columns, decking 543,100 Trellis $ � 1j� 557,100 157.100 *bad Rough Carpentry $2,000 Lumber 6 Fasteners 5500 $0 Interior Doors and Metal Frames 19,000 Cabinetry $12,900 $24.400 524,400 Thermal & Moisture 1/2612012 SUBWAY Regional Office BUDGET Insulation 83,900 Caulking/ waterproofing 81,750 Roofing Including PRohed rigid insulation X000 885,650 885,650 Special Construction 80 00 10.00 80 Slgro ve Per A4-1 17,000 Awnings $23,000 823,000 Windows & Ext. Doors And interior Glass 183,540 883,540 Finishes Stucco 130,900 Drywall - studs, boards & ltnishing 831,000 Acoustic Ceiling 84,254 Fainting 812,050 Window Sills 8750 Ceramic Tite 83,813 16 per so it installed Carpet 18,951 $15 per aq yd matereial Floor Staining 12,100 Interior Doors Labor 12,600 Granite Top 81,750 Bath hardware (labor & mat.) 410 500.00 1910 $500 for material per API Door hardware (labor & mat) 800 4,025 00 + 48825 8103,903 1103.903 Equipment Bike Rack 700 8700 Drinking fountain included 10 Fire Extinguisher and cabinets 1600 Trash Container 8700 10 12.000 12.000 Mechanical Plumbing 810,000 HVAC 830,320 Fire Sprinlder System 10 Security allowance 840,320 $40,320 Electrical Electrical contractor 849,690 Interior Lights. exits etc $0 Exterior light tixturee included 1010 $49.6 0 149,690 Overhead Temp. utilities & toilet 51,100 Liability Insurance 84,000 0 10 Contingency 820,000 Permits 10 General Overhead Including- Super , acctg, 000 ofN iulaWllisi. Phone etc. .1i➢lt $54.100 Profit , 897 $ • • 897 Job Told - 1795, 50 1/2812012 2 5 & - Su SWA %i PEA-0 ce,g).4-9-- Ex-r...aioe_ Pk..--tv e24.3 •( 4" ' - . ' , ,'. . I. 1. ,zbt •••=,..2 ^ T,,,,. , , - • --*".""..... -*.`". -,-, ..., .. O t. 1: Il — .... ..._ ... -- . ,,..... . - . ft . ... _ 401 r f 1 ... , . , . . .. . _ • . „imp- , z - ..- ' 7 ."11111" -ilk . 4 .r..• -......, 'c-".',.. ..• -- . , N. ' : y . , . . . - ... . , . _ , r a On Z , P.■ 4 z w• 5 - Z a. ce a taJ --, X = 0 LI'S CL 1 i•- U) . 01 i 111111111. •. A • 1 _ . 1 „. 1 ! Niming , 0 P 1 mi !miL .nki -7. 1.‘i n • : : . 3 11 CC C3 • cl lb 1 t lipiEraillia...1. g ' W = ' ...1 (11Z 1 • L I 1 :, . ,, i b -='- 0 11 1 If tj . ...,:l � t g 1 ;-; - g II•■• 2 il i M.:•: ran Nv.*:.:1 I ■ gl im., 111 A • /-j '.:01 ' .• • U) 1 "--- 1: , • , ., i , , ' * , i , ■ 11J t CC d0.11.3 iremoinn nommio==. < a . IIII=ANSMO 4 AT ! 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CO MII II I MN: C i 6 1.. z,i E i Ooo i lye M Z ZN i, 1 ° Q v -1.. e ul • E b • la; L J en 3 w < M 1, O J o W H< 1 Q Q ° c 0 Z CC D '� Z Q 114, Z • Q u) - re i Q m 0 0 ,;. W r x \\'' r t�. Z , 1 2 CO . ' a t . CC - -. I T , , , t . ,‘. -\ t ' D ��t t • ...., err � � cn ,__\ , \, ', \ ,. a w t D ge 0 g • < ; N CR! -Fir ..._; r' is — — \ i BOYNT =BEA H CRA BOARD MEETING OF: February 14, 2012 X Consent Agenda I Old Business I New Business Legal Other SUBJECT: Approval of Commercial Interior Build -Out Grant to Family Development Partners, Inc. (Subway Regional Offices). SUMMARY: Family Development Partners, Inc. recently purchased the property and existing business located at 508 East Boynton Beach Blvd., Boynton Beach, FL. It meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis) and is increasing its square footage by more than 50 %. FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build -Out Grant for Family Development Partners, Inc. (Subway Regional Offices) not to exceed $15,000. Vivian Brooks Executive Director Bo '.v J o r free ( _t 1 • x ' � tititt i ftnOki � l 2011/2012 141111A � Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Guidelines The Commercial Intcnor Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CR distnct The program is designed to pro' idc financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costssociated with the construction and interior finishing of a new or expanding location Applicants may be eligible for up to S15,000 in grant funding to assist with the cost of commercial interior construction or rend\ ations. The amount of giant funding ;s 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 Si 5.000 Businesses applying for financial assistance with the cost of intcnor build out must receive City of Boynton Beach Development Department and Building Department building permit approval 1. Program The Commercial Intenor Build-Out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligiblc expenses associated with the construction 0! renovation of the interior elements of the commercial operating space Items eligible for funding under the program are limited to: 1. Intcnor walls 2. Interior plumbing 3 Interior electrical system including hf >,hiing 4 HVAC system 5 I'loonng 6. Ilood fire suppression s } stem 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 IL Eligibility Requirements Applicants must meet all of the following requirements in order to he considered eligible to receive grant funding under the Commercial Interior Build -Out Program tl� �1./ Ca01 i 'L .:U( ,w `�,� i tnili� 1� Page I o. ° 7 10 Nonh Fcc oral 1 hghwa} 4 Boynton Beach, FL 33435 Phcr • 5eI -73 -3:56 Far 56 -7 .1268 rl- 1. The business must be located within the CRA District's Central Business Core, Federal Highway Comdor 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 Iess than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full -time equivalent W -2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. 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 Intenor Build - Out Program: a. Businesses that employ less than two full -tirne equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment", 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 of the space. • Description ofutilities 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. Iiuti Page 2 of 9 710 North Federal Highway Boynton Beach FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 tiw., bovntorlheaehcr. cum • Insurance requirements. • Ability to terminate. • Consequences of default on the lease The CRA reserves the nght to approve or den) any Commercial Interior Build -Out Program application and to discontinue payments at any time if m 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 ID 6 Business plan, including eyecutive , ,umrnary and three - yea] financial piojections of revenues and evenses 7 Two (2) years of audited financials and corporate tax returns (for existing businesses only) 8. Two (2) years of tax returns for the owners of a new busines 9 Qualifications, expenerec and track records of business owners. 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 1 j lJnUal Page3of9 i10 North Faiaal HighHay Boynton Beach, F7.33435 Phone 561 - -3256 Fax 561- 737 -325/ hoyntnnbcach. 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. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. 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 Reimbursement Request package. The total monies expended by the grant applicant (up to a maximum of S15,000) 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 project, 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 tiine 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, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is 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, but not Iimited 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 is Page4of9 1 710 North Fcdeaa3 Highway Boynton Beach, Fl. 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 ' ' w.Govnioniteadz eon, (4) For W -2 eligible employees, timely Honda Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted For sole proprietorships, partnerships, s-corporauons 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 venfy 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 Report (UCT -6) for each consecutive quarter m ust be submitted. or For sole proprietorships, partnerships, s- corporation,- and 1 099-MISC eligible employees copies of all cancelled salaiy checks or proof of direct deposits for each full umeifuil tune equivalent eniployee 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 appro\ ed by the CRA Any work completed prior to receiving grant approva; ineligible for reimbursement Grantees may not submit work improvements for reimbursement which have been used us 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 Intcnoi Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant piograms The Commercial Interior Build -Out Assistance program may only be used one time in any five yeai 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 Page 5 of 9 '10 North 1 Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -32 u hryntrntbt.:chc re , trio , cRA f r . BOYNTON =BEAC 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) (— Applicant Name: f'{ ,r-m.\ \A DeAl e A cat P i$ e c e- S 1 C• Applicant Mailin Address: "J) Z E • (0 n`►\ K t 1l Business Name (D /B /A if applicable): Current Business Address: Phone: ( 1 — 1 j a- t - c . ) C t -- rr '' Pax: S V — - 7 5 a l .1 Email:, �L �t • Camped ID# Time at Current Location: Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN /EIN: Landlord's Mailing 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: _rQO Square footage of new location: Li ipO D Initials Page 6 a 9 710 Not Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561- 737.3258 %5 N i. Irov*us nbe9ChcM caT, Type of Business: ..J L .,Yx c.;t '� CA CA.\D r < ~ _ c ry E Number of Employees, _ 1 � Hours of Operation. � � Are you applying for grant assistance under any other program offered by the CRA. Yes A No ,If yes, vs hat additional programs are you applying for: / (. ��Mfit,e,r (04 Ce-ed ('. ..L/v1 ' r'a'Ve rtol ? ( fi /c.t /7 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 1, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is gn ,en for the purpose of obtaining a rant under the Boynton Beach Community Redevelopment Agency Commercial Intenoi 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 tine and /or imprisoninent foi making false statements or presenting false information. 1 further acknowledge that 1 have read and understand the terms and conditions set forth and described in the Boynton Beach C ommurnty Redevelopment Agency Commercial Interior Build —Out Program Guidelines I understand that this application is not a guarantee of grans 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 cntena or is no longer benefiting the furtherance of the CRA mission 1 hereby waive my rights under the privacy and confidentiality pros ision 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 arc found to be incomplete, it will not be processed 1 initials Page " of 9 10 North l-cdtaal i iighv ai Boynton Beach, FL 33435 Ph,mc 561 - 737 -3256 Fax 561- 737 -3258 , 011 r,2 con 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. C Property Owner's Signature Date Z _a4Ay - -erice_ I: C C' _ __ Printed Name Title Property Owner's Signature Date Printed Name Title / STATE OF A_ COUNTY OF � 1 „ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ^�� , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, 1 have set my hand and official seal in the State and County aforesaid on this day of , 20 t t`.t , IA illekvAnit t . • TARY PUBLIC ? ADD , 5 5r My Commission Expires: 5 -.91_ I a- � . ,�, � ; JQ ` Page 9 of 9 710 North Fcdeial Hsghwo Boynton Brach. FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 t,. N ')oyntt.nbe ai flCia itF-1 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It i e responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines, e , 0 Applicant/Tenant's Signature Date i‘-eic6o14(_, Printed Name Title Applicant/Tenant's Signature Date Printed Name T'tle STATE OF FLAIDA COUNTY OF BEFORE ME. an officer duly authorised by law to adminrcter oaths and take acknowledgements. personally appeared ' f o Q Jw ` _ _ - - _ . who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ O" day of 2 0 LO, . • ITARY PUBLIC u ., My Commission Expires 5 - Page 6 of 9 7 North Fcde tl Htghi,dy Boynton Beach, 61 33435 Phone 561 737 -3256 Fav 561- 737 -3258 t.}_nrn +t • -i,� Risk Analysis for Family Development Services Inc. Weighted Factor Grade Weight Grade Business Plan Completeness of Application 85 40 34 Understanding of Financials 80 38 30.4 Business Plan Score (50% of Total Score) Owner Resume 100 34 34 177.75 out of 200 possible Management Plan 95 32 30.4 88.88% Understanding of Market 85 29 24.65 Sales /Marketing Plan _ 90 27 24.3 Financials Pro -Forma 90 20 18 Net Income 80 25 20 Gross Margin 95 22 20.9 Profit Margin 90 15 13.5 Financials Score (50% of Total Score) Operating Income 95 15 14.25 144.9 out of 200 possible Contribution Margin 100 20 20 72.45% Degree of Operating Leverage 100 13 13 ,rn on Assets 80 10 8 Current Ratio 0 17 0 Debt Ratio 30 10 3 Working Capital 0 18 0 Breakeven 95 15 14.25 Total Score J 80.66% 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 Pro -Forma Income Statement Family Development Partners Inc For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $113,607 $117,436 $121,393 $125,484 Less Returns 0 0 0 0 Net Sales $113,607 $117,436 $121,393 $125,484 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured 0 0 0 0 Total Goods Available $0 $0 $0 $0 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $113,607 $117,436 $121,393 $125,484 OPERATING EXPENSES Selling Salaries and wages 751 773 796 820 Professional Services 14 14 15 15 Advertising 1 1 1 1 Depreciation 0 0 0 0 Misc 39 40 42 43 Total Selling Expenses $805 $829 $854 $879 'D General /Administrative Education 0 0 0 0 Technologies 8 8 8 9 Dues & Subscriptions 2 2 2 2 Insurance 18 19 19 20 Rent 24 24 24 24 Utilities 39 40 41 43 Licenses & Tax 12 12 13 13 Office supplies 15 15 16 16 Travel & entertainment 56 58 60 61 Printing, Postage, Services 14 14 14 15 Maintenance 10 11 11 11 Automobile 132 136 140 144 Loan Repayment 1330 1270 1210 1150 Total General /Administrative Expenses $1,660 $1,609 $1,558 $1,508 Total Operating Expenses $2,465 $2,438 $2,412 $2,387 Net Income Before Taxes $111,142 $114,998 $118,981 $123,098 Taxes on income 33,343 34,499 35,694 36,929 Net Income After Taxes $77,799 $80,498 $83,287 $86,168 Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $77,799 $80,498 $83,287 $86,168 Family Development Partners Inc. Net Income: What are Revenues after all costs, liabilities and taxes? 2012 $78,499,452 Operating Income: What are revenues after all costs? 2012 $112,142,074 Profit Margin: How much revenues are profit? 2012 69.10% Contribution Margin: How much revenue goes to fixed costs? 2012 99.88% Degree of Operating Leverage: How much to fixed costs effect earnings? 2012 0.99 Breakeven: How much must be sold to cover operation costs? 2012 $1,333,000 Debt Ratio: How large are liabilites compared to assets? 2012 5.24 Return on Assets: How efficient are assets? 2012 74.76 'r �. - re_- v j WAy tf&3 icaavA t- 14 gAro e(A)Aleft fie ,► of E. f3ciyermw L`ACR &•YO Q0yV1 4 Se AC 14 PA ,. e _ _.....„ - . 4 t I t• , „ „ -: ,. _ • -. , .. ' . . l i . ...., , ...-...,.. m1/4 • c _. - , . ... , ..., . . ••••A! • . - , .. - , ,, -0:' , .1 : . -.... • / • _ AN. .....- - ). • - .....oe 11 .,.: . ' , / ,,- . ... .. , ,...- I all ,., „,, .... f a, .. . .. , ik- , .... OilliiI0 -rasamarapa 0 f : : : ■. 1" : ,,■.:- <b tov 1 4x.,,,�. , N , } 1 ' i : .„, w 1 r 41 es w . 4 . ti p._ 0 cD # g r• i te Z ES a 4 W (/) ov H N 1 k _ oz Q Ii �� [1 1 I �� > U 1 : z . — -- "\I i. i ILI - --'c i Q ( o s : n 1 I � I : t 1 `• J Z $ ' c • i r iiiiiiiiiiiii fp 0 , IIMM e :• Q O '0 i. . � a ■ 1 >� . _ 1 ': r. W CC r_ - 1 1 'Q CC �^ O S . 9l t I 133WS NIP3'N ��i W , . _ J Q Z 0 0 W CC Q m m u) i f i 04 i , i ,1 . ; ll; ! 1 4i1 r ' 1 ' ? q r 4 { I ! !' ! g (t V 0 CL ' 1 " 6 ; ' � [ I, + 1(I11 g o f j r g ii I t. # }. N k$ E`s`si 1 I € I i ti I 1 ' $ $ t 4 6 d — °g r t. Mg \ l BOYNTO N cRA c BEACH 1 CRA BOARD MEETING OF: February 14, 2012 X Consent Agenda 1 1 Old Business 1 I New Business 1 Legal 1 1 Other SUBJECT: Approval of Commercial Interior Build -Out Grant to Cuthill's, Inc. d/b /a Cuthill's Backyard SUMMARY: Cuthill's. Inc. d/b /a Cuthill's Backyard is in the process of a complete renovation to the property located at 511 NE 4th Street, Boynton Beach, FL. Cuthill's Backyard is applying for an Interior Build -Out Grant in order to add ADA compliant bathrooms to the property. The applicant meets the eligibility requirements under program guidelines. Their risk analysis score reflects some uncertainty however; they have invested a considerable amount of money in the revitalization of this property and adjacent properties. The Interior Build -Out Grants are now reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build -Out Grant for Cuthill's Backyard, not to exceed $15,000. Vivian Brooks Executive Director Risk Analysis for Cuthill's Inc. Weighted Factor Grade Weight Grade Business Plan _ _ Completeness of Application 40 40 16 Understanding of Financials 35 38 13.3 Business Plan Score (50% of Total Score) Owner Resume 45 34 15.3 81.4 out of 200 possible Management Plan 45 32 14.4 40.70% Understanding of Market 40 29 11.6 Sales /Marketing Plan 40 27 10.8 Financials Pro -Forma 60 15 9 Net Income 65 25 16.25 Operating Income 95 23 21.85 Profit Margin 25 15 3.75 Financials Score (50% of Total Score) Inventory Turnonver 80 20 16 79.35 out of 200 possible Quick Ratio 0 20 0 39.68% Acid Test 0 22 0 Return on Assets 70 5 3.5 Current Ratio 0 20 0 Accounts Payable Turnover 0 10 0 Working Capital 0 15 0 Breakeven 90 10 9 Total Score 1 40.19% 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 Risk Analysis,Rent Subsidy, New Business, Food Bev, 2010 Pro -Forma Income Statement Cuthill's Inc For 2012 through 2015 (all numbers in ;000) REVENUE 2012 2013 2014 2015 Gross sales $548 $556 $564 $572 Less Returns 55 56 56 57 Net Sales $494 $501 $508 $515 COST OF SALES Beginning inventory $115 $115 $117 $119 Plus goods purchased / manufactured 1 3 3 3 Total Goods Available $116 $118 $120 $122 Less ending inventory 1 1 1 1 Total Cost of Goods Sold $115 $117 $119 $121 Gross Profit (Loss) $378 $383 $388 $393 OPERATING EXPENSES Selling Salaries and wages 316 326 335 345 Employee Benefits 0 0 0 0 Advertising 40 41 42 44 Depreciation 0 0 0 0 Contract Expense 0 0 0 0 Total Selling Expenses $356 $367 $378 $389 General /Administrative Miscellaneous 0 0 0 0 Technologies 0 0 0 0 Cont. Ed, Dues, Subscriptions 0 0 0 0 Insurance 50 51 53 55 Rent 30 30 30 30 Utilities 12 12 13 13 Licenses & Tax 0 0 0 0 Office supplies 0 0 0 0 Travel & entertainment 1 1 1 1 Printing, Postage, Services 0 0 0 0 Maintenance 1 1 1 1 Automobile 1 1 1 1 Fees 0 0 0 0 Total General /Administrative Expenses $95 $97 $99 $101 Total Operating Expenses $451 $464 $477 $490 Net Income Before Taxes (573) (581) ($88) ($96) Taxes on income 0 0 0 0 Net Income After Taxes (573) (S81) 1588) ($96) Extraordinary gain or Toss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) kS73) (581) ($88) ($96) Pro -Forma Income Statement Cuthill's Backyard LLC For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $288 $288 $288 $288 Less Returns Net Sales $288 $288 $288 $288 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured Total Goods Available $0 $0 $0 $0 Less ending inventory Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $288 $288 $288 $288 OPERATING EXPENSES Selling Salaries and wages 0 0 0 0 Employee Benefits 0 0 0 0 Advertising 0 0 0 0 Depreciation 0 0 0 0 Contract Expense 0 0 0 0 Total Selling Expenses $0 $0 $0 $0 General /Administrative Miscellaneous 0 0 0 0 Technologies 0 0 0 0 Cont. Ed, Dues, Subscriptions 0 0 0 0 Insurance 0 0 0 0 Mortgage 16 16 16 16 Utilities 0 0 0 0 Licenses & Tax 0 0 0 0 Office supplies 0 0 0 0 Travel & entertainment 0 0 0 0 Printing, Postage, Services 0 0 0 0 Maintenance 1 1 1 1 Automobile 0 0 0 0 Fees 1 1 1 1 Total General /Administrative Expenses $18 $18 $18 $18 Total Operating Expenses $18 $18 $18 $18 Net Income Before Taxes $270 $270 $270 $270 Taxes on income Net Income After Taxes $270 $270 $270 $270 Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $270 $270 $270 $270 130YN ON ` ,I IMMO 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. Applicants may be eligible for up to $15,000 in grant funding to assist with the cost of commercial 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. 1. Program 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: . 7 Initial A/ Page 1 of 9 710 Nonh Fedclal Highway Boynton Beach. FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 wwH.6uynlo-bcachcra cum • Cuthill's Backyard LLC Quick Ratio: Can non - inventory short-term assets cover short term costs? 2012 unknown Current Ratio: Can all short -term assets cover short-term costs? 2012 unknown Profit Margin: How much revenues are profit? 2012 (14.47 %) Working Capital: How much is left after short-term costs are paid? 2012 unknown Breakeven Revenues: How much must be sold to cover operation costs? 2012 $80,791 Inventory Turnover: How many times is the inventory replaced? 2012 4.30 Accounts Payable Turnover: How often are suppliers paid off? 2012 unknown Return on Assets: How efficient are assets? 2012 (0.27) Net Income: What are Revenues after all costs, liabilites and taxes? 2012 ($71,562) Operating Income: What are revenues after all costs? 2012 $317,438 Acid Test: Do the current assets cover the current liabilites without inventory sale? 2012 unknown 1 The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). 7 Businesses must employ a minimum of two (2) full -rime equivalent W -2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minnnum of thirty -five (35) hours per week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Interior Build - Out Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b Businesses who do not report employee's wages to the State of Florida Department of Revenue. c New businesses identified as a "convenience store" or "adult entertainment ". 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 of the space. • Description of utilities that the tenant is responsible for. o Rental rate and deposits along with terms of lease and methodology for future rent increases. t Responsible party for interior and exterior repairs and/or improvements. r/ lmtia : / Page 2 of 9 710 Nonh Federal Highway Boynton Beach FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 -wti bovnionbcachcra.corr o Insurance requirements c 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. I 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 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 tax returns for the owners of a new business 9 Qualifications, experience and track records of business owners 10 Copy of design and construction plans associated with the proposed improvements. 1 1 List of jobs to be created and filled including job descriptions, pay range and weekly schedule For existmg businesses, provide a list of all current positions including job descnptions, pay range and weekly schedule 12. A minimum of four (4) 3 "x5" color "before" photos of the project Ionia e / ,/ z _ - Page 3 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 a,, oovntnyttachWl 6o! Approval of Funding Request — Once eligibility is venfied 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. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. 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 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 project, 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, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is 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, but 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. hut' s Page4of9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561-737-3258 v w w Wynlontmcbc,v cum (4) For W -2 eligible employees, timely Florida Depaitnient of Revenue Employers Quarterly Report (UCT -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 Flonda Department of Revenue Employers Quarterly Report SUCT -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 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 othcr 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 lntenor 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 nghts 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 irntii 8 ' Page 5 of 9 710 North Federal Highway Boynton Beach FL 33435 Phone561- 737 -3256 Fax 561- 737 -3258 - X1 „__ y __ 1'o7b aenc7c Lm'i BOYNTON BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: 014 ! 4 /I e 'S /r ' Applicant Mailing Address: /o koy /`t 60y/7-19() Jae, P. A3M Business Name (D /B /A if applicable): Current Business (f Address:_ (i / 1 10 fiker)Ypn, - _g/p_OT Phone: 9 ",5 � �at Fax: Email: Fed ID# A7- s12,917.11/ Time at Current Location: NAB,) 61 Monthly Rent: Do you have an executed lease agreement: Yes ✓ No Landlord Name: Cvtlia ' 1 CK ti ril, L 1, (', Landlord SSN /EIN: 1I,- 3 11A /4 • Landlord's Mailing Address: • I ,'pr ) 11 at 11 New Business Address (if applicable ): 1: I/ ? I d d/, 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: Initials Page 6 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561- 737 -3258 F"- H'! t CO M Type of Business et — — Number of Employees Hours of Operation A - OQm Are you applying for grant assistance under any other program offered by the CRA. Yes t No If yes what additipnal programs are you ap y in fo . C 0'm? /Cie CAA /077/W pto1ry�l l 1115 id}/ 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 lntenor Build -Out Program, and it is true and complete to the best of the applicant(s) knowledge and belief The applicant(s) furthei certifies that he /she is aware of the fact that he /she can be penalized by fine and /or impnsonment for making false statements or presenting false information 1 further acknowledge that 1 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 cntena or is no longer benefiting the furtherance of the CRA mission 1 hereby waive my rights under the privacy and confidentiality pro\ision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. 1 further grant permission, and authorize any bank, employer or other public or pnvate 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 prograin 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 I s r Page 7 of 9 710 North Federal Hrgh a� Boynton Beach, FL 33435 Phone 561-717-3256 Fax 561- 737 -32511 ycvi,onbsuht.n• nor 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. p+ ca t s Signature gate 4Plh€l !✓ 1 .11 (O Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE F FL � COUNTY Y OF COUNTY BEFORE ME, an officer u1y authorized by law to administer oaths and take acknowledgements, person , a.: - .red ilAktO J_i-Q , who is personally known to me 0 produce. (L OC #11-11 " I S W7 !S id ntification, 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 officia seal in the State and County aforesaid on this day of `J; , 20 4OF 1 pyrdrinri NOTARY PUBLIC My Commission Expires. - - - `fi -.► ♦ - - - • a� 7' THERESA UTTERIACK Notary Pu4Ne - kits o1 Honda Page 8 of 9 • 1 My Comm Expires Jan 11, 2014 t � 710 North Federal Highway ' e Boynton Beach, FL 33435 ,�� Commission • OD 951135 Phone 561-737-3256 Fax 561-737-3258 "l Nondsd Through UMW Notary Ann. v N•w bcyRI>?1)4440)4r com 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 'rop- y O' s' " Signature Date gall Printed Name Title Property Owner's Signature Date Pnnted Name - -- Title - � STATE OF COUNTY OF Vltl11 IANI /- ► ` ` j ..�,. BEFORE ME, an officer i1y authonzed by la to administer oaths and take acknowledgements, psona a '' ed ), ,_ Vim) 'Pk � , who is personally known to me or pro_cleced - i8etifica 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 - „ „ LbatL._ ,„,coock_.( NOTARY PUBLIC My Commission E , " "4, THERESA UTTERBACK ry PBBNC - State of Florida 1114 _ MNotay Comm. 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' ' '. :44- • .•;.,-. `'........ t.':) •IT,,, 41-, .t.-..4- 2 -• - 4 1e* BOYNTO aim BEA C H CRA BOARD MEETING OF: February 14, 2012 X I Consent Agenda I I Old Business 1 1 New Business 1 1 Legal I I Other SUBJECT: Approval of Commercial Rent Subsidy Grant to Cuthill's, Inc. d/b /a Cuthill's Backyard 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. Cuthill's, Inc. d/b /a Cuthill's Backyard has recently opened a new restaurant/bar at the property located at 511 NE 4 Street, Boynton Beach, FL. The applicant meets the eligibility requirements under program guidelines. Their risk analysis score reflects some uncertainty however; they have invested a considerable amount of money in the revitalization of this property and adjacent properties. The Rent Subsidy Grant is now reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Rent Subsidy Grant for Cuthill's, Inc. d/b /a Cuthill's Backyard, not to exceed $7,200.00. l Vivian Brooks Executive Director OY : . topi ZIMBEACH 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 a rent subsidy intended to help businesses during the cntical first year of operation I. Program The Commercial Rent Subsidy Program offers financial assistance in the foini of tent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less The time penod 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 S7,200 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 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 pant 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 anc Palm Beach County 3 A new business venture is defined as a company in operation for less than six months 4 An existing business is defined as being in operation for more than three years at the time of application 5 An existing business must expand to occupy more than fifty percent (50%) of its current square footage size Venfication of this threshold must be provided in the application package init:a Page 1 of 8 710 N Federal Highway Boynton Beach Fl 33435 Phone. 561 737 -3256 Fax 561 -737 -3158 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 governmer; 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. M. 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. l fr z' Initial Page 2 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www boyntonbeachc.ra corn The CRA will Issue reimbursement on a quarterly basis directly to the applicant for monthly rent payment made to the landlord upon T eceu)t and venficatton that the payment ha oceo 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 to, payment of rent at any time, nor penalties tncun for the late amval of payments by any party The Commercial Rent Subsidy program may only he used one time by any one specific business entity or business owner The CRA reserves the nght to approve of deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion ii determines that the business will not further the goals and objectives established for the economic detielopment of the CRA District 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 Copy of the corporate documents for the applying business entity 4 Copy of executed or proposed multi -year commercial lease agreement 5 Landlord SSN of Tax 11) 6 Busyness plan, including executive summary and three -year financial projections of revenues and expenses 7 wo (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, expenence and track records of business owners 10 List of jobs to be created including job descnptions, pay range and weekly schedule For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule / -- - nitials /ter Page. 3 of 8 10 N Federal Highway Boynton Beach, FL 3343 Phonc 561- 737 -3256 Fax 561- 737 -3258 do „, Iitonbeacriuks wI. 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 ordei 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 -MIS C 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 penodically 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 .4 Page 4 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wV w bovntonbeachcia com BOYNTON:(:"' =BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only Use Additional Sheets if Necessary) Applicant Name L )1 2, Applicant Mailing Address: PO 10.0) / r 7 1420ipfitur) I e_.4 Business Name (D/B/A if applicable), Current Business Address. AfAl MEP . 4_, EL Phone/ Fax Email eci ID# Time at Current Location AA) 4I4C Monthly Rent - Do you have an executed lease agreement: Yes_ 'No _ Landlord Name 1/04 Nava I/ Landlord SSN/EIN its-- 2.5-e 2 Landlord's Mailing Address pp Th_ — New Business Address (if applicable ) 1 _ A - O i l/ 401 m — 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 initials 4_ Page 5 of 8 7] 0 N Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 -Icyntonbea,) - Type of Business: /b4. ( Number of Employees:. Hours of Operation / /'D/Jl� VI/ dirl Are you applying for grant assistance under any other program offered by the CRA: Yes I No If yes, what additional pr.. ams are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No V' 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 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 critena or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the prig acy 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. Initi. 11 P Page 6 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 www boyntonbeachcra corn 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. i : at/T ' e ' nant" : f Za r ;, �- ; � j -- - - �� 5 - -- - Printed Name Title Applicant/Tenant's Signature Date Pnnted Name -- -�� - -- Title STATE OF FLQ~1 IDA COUNTY OF _ /` BEFORE ME, an officer duly authoned by law to administer oaths and ake acknowle , -} rsonally appeared L r� _i e` .,_ who is personally known t o me or produced as identrficaf cn, 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 FOREGQING have set iv hand and official seal in the State anu County aforesaid on this - - day of 'l` 20_ NOTARY PUBLIC • r x THERESA UTTER$ACK 4 r• *dory Public • SOW of Florida • My Cons, Expires Jan 11, 2014 Commission N DD 951135 /onMd Through Notional Notary Assn Page 7 of 8 '10 N Federal Fiighwey Boynton Beach, FL 33435 Phone 561 737 -3256 Fax 5 61 737 -3258 ,,,) -i J; _ 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. „foie — 4 010 011 ipi lv Own= Wfl it r D Pnnted Name Title Property Owner's Signature Date Printed Name Title STATE OF Ct 1 -I 0 COUNTY OF p h, BEFORE ME, an officer duly autho ' ed by law to administer oaths and take . ckno - .: •• - , • - • . appeared i yN3 who is personally known to, me or produced _ as . • an. ac ow - sged 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 se my hand and official seal in the State and County aforesaid on this `p-f. day of 1 g , 20 Mit 1< OTARY PUBLIC My Commissio • , THERESA UTTERSACK MotarY Pubic - State of Florida _•� My Comm, Expina Jan , Commiadon • D0 9511 11 2014 Reallld Tim* Midland !bialy Asia. Page 8 of 8 710 N Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www b yntonbeachcra.com Risk Analysis for Cuthill's Inc. Weighted Factor Grade Weight Grade Business Plan Completeness of Application 40 40 16 Understanding of Financials 35 38 13.3 Business Plan Score (50% of Total Score) Owner Resume 45 34 15.3 81.4 out of 200 possible Management Plan 45 32 14.4 40.70% Understanding of Market 40 29 11.6 Sales /Marketing Plan 40 27 10.8 Financials Pro -Forma 60 15 9 Net Income 65 25 16.25 Operating Income 95 23 21.85 Profit Margin 25 15 3.75 Financials Score (50% of Total Score) Inventory Turnonver 80 20 16 79.35 out of 200 possible Quick Ratio 0 20 0 39.68% Acid Test 0 22 0 Return on Assets 70 5 3.5 Current Ratio 0 20 0 Accounts Payable Turnover 0 10 0 Working Capital 0 15 0 Breakeven 90 10 9 Total Score 40.19% 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 Risk Analysis,Rent Subsidy, New Business, Food Bev, 2010 Pro -Forma Income Statement Cuthill's Inc For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $548 $556 $564 $572 Less Returns 55 56 56 57 Net Sales $494 $501 $508 $515 COST OF SALES Beginning inventory $115 $115 $117 $119 Plus goods purchased / manufactured 1 3 3 3 Total Goods Available $116 $118 $120 $122 Less ending inventory 1 1 1 1 Total Cost of Goods Sold $115 $117 $119 $121 Gross Profit (Loss) $378 $383 $388 $393 OPERATING EXPENSES Selling Salaries and wages 316 326 335 345 Employee Benefits 0 0 0 0 Advertising 40 41 42 44 Depreciation 0 0 0 0 Contract Expense 0 0 0 0 Total Selling Expenses $356 $367 $378 $389 General /Administrative Miscellaneous 0 0 0 0 Technologies 0 0 0 0 Cont. Ed, Dues, Subscriptions 0 0 0 0 Insurance 50 51 53 55 Rent 30 30 30 30 Utilities 12 12 13 13 Licenses & Tax 0 0 0 0 Office supplies 0 0 0 0 Travel & entertainment 1 1 1 1 Printing, Postage, Services 0 0 0 0 Maintenance 1 1 1 1 Automobile 1 1 1 1 Fees 0 0 0 0 Total General /Administrative Expenses $95 $97 $99 $101 Total Operating Expenses $451 $464 $477 $490 Net Income Before Taxes ($73) ($81) ($88) (S96) Taxes on income 0 0 0 0 Net Income After Taxes ($73) ($81) ($88) ($96) Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($73) ($81) ($88) ($96) Pro -Forma Income Statement Cuthill's Backyard LLC For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $288 $288 $288 $288 Less Returns Net Sales $288 $288 $288 $288 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured Total Goods Available $0 $0 $0 $0 Less ending inventory Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $288 $288 $288 $288 OPERATING EXPENSES Selling Salaries and wages 0 0 0 0 Employee Benefits 0 0 0 0 Advertising 0 0 0 0 Depreciation 0 0 0 0 Contract Expense 0 0 0 0 Total Selling Expenses $0 $0 $0 $0 General /Administrative Miscellaneous 0 0 0 0 Technologies 0 0 0 0 Cont. Ed, Dues, Subscriptions 0 0 0 0 Insurance 0 0 0 0 Mortgage 16 16 16 16 Utilities 0 0 0 0 Licenses & Tax 0 0 0 0 Office supplies 0 0 0 0 Travel & entertainment 0 0 0 0 Printing, Postage, Services 0 0 0 0 Maintenance 1 1 1 1 Automobile 0 0 0 0 Fees 1 1 1 1 Total General /Administrative Expenses $18 $18 $18 $18 Total Operating Expenses $18 $18 $18 $18 Net Income Before Taxes $270 $270 $270 $270 Taxes on income _ Net Income After Taxes $270 $270 $270 $270 Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $270 $270 $270 $270 • Cuthill's Backyard LLC Quick Ratio: Can non - inventory short -term assets cover short term costs? 2012 unknown Current Ratio: Can all short -term assets cover short -term costs? 2012 unknown Profit Margin: How much revenues are profit? 2012 (14.47 %) Working Capital: How much is left after short -term costs are paid? 2012 unknown Breakeven Revenues: How much must be sold to cover operation costs? 2012 $80,791 Inventory Turnover: How many times is the inventory replaced? 2012 4.30 Accounts Payable Turnover: How often are suppliers paid off? 2012 unknown Return on Assets: How efficient are assets? 2012 (0.27) Net Income: What are Revenues after all costs, liabilites and taxes? 2012 ($71,562) Operating Income: What are revenues after all costs? 2012 $317,438 Acid Test: Do the current assets cover the current liabilites without inventory sale? 2012 unknown E Sn BOYNT cRA BEACH CRA BOARD MEETING OF: February 14, 2012 X I Consent Agenda 1 1 Old Business 1 1 New Business 1 Legal 1 1 Other SUBJECT: Approval of Commercial Interior Build -Out Grant to GPS PEO, Inc. SUMMARY: GPS PEO, Inc. is an existing business within the CRA District which has expanded to occupy more than 50% of its square footage size located at 1100 South Federal Highway, Suite #4, Boynton Beach, FL. GPS PEO, Inc. was approved for a Rent Subsidy Grant on November 8, 2011 and it meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build -Out Grant for GPS PEO, Inc. not to exceed $15,000. Vivian Brooks Executive Director B Y N T4N w ".- , =BEACH 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. Applicants may be eligible for up to S15,000 in grant funding to assist with the cost of commercial 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 S 1 5,000. 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. Program 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. Elliaib1lity Reauirements 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: Initiiils k fir, Page 1 of 9 710 North Federal Highway Boynton Beach. FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 www.bovntonbeachcra.com 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full -time equivalent W -2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. For the of i * 'v -,t t • _ d •_t . __ W. .._i • a m' a of' thirty -five (35) hours per week at the Prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Interior Build - Out Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment ". d. New businesses using a DB /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 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. Initi Page 2of9 710 North Federal Highway Boynton Batch, F1. 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.bovntonbeachai.com • 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. Procedure, for Aanlieafion and Arnroval 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 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 tax returns for the owners of a new business. 9. Qualifications, experience and track records of business owners. 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. Initial Page 3 of 9 710 North Federal Highway Boynton Beach, FL 33433 Phone 561-737-3256 Fax 361- 737 -3258 www.bovntonbcachcra.com 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. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. 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 fiords being released. The CRA will provide quarterly reimbursements to the grantee upon submittal of a complete Reimbursement Request package. The total monies expended by the grant applicant (up to a maximum of S15,000) 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 project, 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: (I) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is 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 chec. (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and 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. Initi Page 4 of 9 710 North Federal Highway Boynton Bach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3255 ww w.bomtonbmcba com (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report f UCT-61 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. hi 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 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. 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. Initi is Page 5 of 9 710 North Federal Highway Boynton Hach, FL 33435 Phone 361.737 -3256 Fax 561- 737 -3255 www.boyntonbeachcra.corn BOYNTONT C RA =BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application Meese Type or Print Only — Use Additional Sheets N Necessary) T" Applicant Name: GPs C--Q LiC • Applicant Mailing Address: 1/ o S o 4 - k i er I _I-4f y s :4e 4 f e N i w Lo h 4- 3.3 4 /3 Business Name (DB /A if applicable): Current Business Address: S //ME !g 5 /4604J6 Phone: S'4,i • 7 52-/ W Fax: -.5 7 " o - / , 3 Email: Er, k( `/ ,ea , cowl Fed ID# Time at Current Location: G, ,Bert i.{s Monthly Rent: 3 Do you have an executed lease agreement: Yes / No Landlord Name: C P H G• r-e u p 1 �, D �l 1'1 ? a/ 2 i o u s e Ni 3"4 5 y� �N� �, ji e t Landlord SSN/EIN: 1 •- 6 'L � 'f / - 7 4 / / Landlord's Mailing Address: V. $ 9 9 9 / 3 `'7 )1 o f 4 J 3 3 New Business Address (if applicable ): New Business to Boynton Beach: Yes f No Existing Business: Yes No Number of years in existence Square footage of existing location:? S r Square footage of new location: 1 P Mil' Page 6 of 9 INV 710 North Federal Highway Boynton Beach, FL 33433 Phone 561 -731 -3256 Fax 561 -737 -3258 www.bovntonbeachcra.com Type of Business: , ,.v) f o 1 G A r .. ` 0 •. Number of Employees: 3 Hours of Operation: �� `7" - . rte-, �' 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: er„ 4 s ,00,^‘ 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. Imtiall _ Page 7 of 9 710 North Fodaal Highway Boynton Bach, FL. 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www bovnlonbeachcta.com 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. E .; /21.2/11 Apphcant/Tenant's Signa Date t") • & l u 5 • t h Ays; Printed Name Title (o., e7e7ff Ap licant/Tenant s S 6 F Sill/titre Dat J 4 k ( ca . G- �u.S h� e..J Pie Printed Name Title STATE OF FLOAIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 1 .C, (• 1 t 51) c I , who is personally known to me or produced G `' � a _ ) c 7 " - 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 .1' > > �; c,,, � , 20 • - /4 / "" ; N, N public HERNANDEZ NOTARY PUBLIC s tor - IN o K Se o Comm is - tat o1 S s Jul 7 2o1s Flonda My Commission Expires: +,--o ,e, Commission # EE 110357 �'' Page 8 of 9 710 North Federal Highway Boynton Duch, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntaobeachcra.cow 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. L f H 6. 10-4 I 4 L L 1�../ ez,M i it-( / l. 1 -- t-_. i L_6 Property Owner's Signature p Date ( � L 7 of 6 r 4, L L c 1) et t, t`t e 1'l / �) L ,. t -: / S "! CA , h) 1 �` !iw 64,- - Print Name / Title Property Owner's Signature Date Printed Name Title STATE OF i ,, ,: .1,, ; - COUNTY OF ,4i,t,r 1 bvti,' , BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 4-A 1 1.-..-t i „ i`� 4.,i - t - r , ir * , who is personally known to me or produced 1:,/, - , , 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 . =, •, ,,, i . , 20 ____ t � t '_ i' Vii ti, NOTYI'UBLIC My Commission Expires: ,; 'i"' 1; MICHELE E. CONREUR = •' MY COMMISSION # DD923929 • , or sk EXPIRES September 09, 2013 Page 9 of 9 407 399.0153 _ f ipt cyNote y�e . 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3236 Fax 561- 737 -3258 www boyntonbeachcra coil Risk Analysis for GPS PEO Inc Weighted Factor Grade Weight Grade Business Plan Completeness of Application 75 40 30 Understanding of Financials 50 38 19 Business Plan Score (50% of Total Score) Owner Resume 85 34 28.9 120 out of 200 possible Management Plan 45 32 14.4 60.00% Understanding of Market 35 29 10.15 Sales /Marketing Plan _ 65 _ 27 17.55 Financials Pro -Forma 75 20 15 Net Income 70 25 17.5 Gross Margin 60 22 13.2 Profit Margin 55 15 8.25 Financials Score (50% of Total Score) Operating Income 70 15 10.5 112.65 out of 200 possible Contribution Margin 95 20 19 56.33% '.ong Term Solvency 0 13 0 <eturn on Assets 45 10 4.5 Current Ratio 0 17 0 Retained Earnings 70 10 7 Working Capital 40 18 7.2 Breakeven 70 15 10.5 I Total Score 1 58.16% 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 Risk Analysis, Rent Subsidy, New Business, Service, 2011 Pro -Forma Income Statement GPS PEO Inc For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $5,101 $5,611 $6,172 $6,789 Less Returns 0 $0 $0 $0 Net Sales $5,101 $5,611 $6,172 $6,789 COST OF SALES Beginning inventory $1 $4,884 $5,323 $5,802 Plus goods purchased / manufactured 4,883 438 479 522 Total Goods Available $4,884 $5,323 $5,802 $6,324 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $4,884 $5,323 $5,802 $6,324 Gross Profit (Loss) $216 $288 $370 $465 OPERATING EXPENSES Selling Salaries and wages $87 $111 $198 $341 Payroll Tax 10 13 $23 $29 Advertising 1 $1 $1 $1 Depreciation 1 $1 $1 $0 Billing & Other Operational Expenses 0 $0 $0 $0 Total Selling Expenses $99 $126 $222 $371 General /Administrative Legal & Accounting $0 $0 $0 $0 Technologies 0 $0 $0 $0 Disposal & Maintenance 0 $0 $0 $0 Insurance 2 $2 $2 $2 Rent 17 14 17 17 Utilities 6 $6 $6 $6 Licenses & Tax 2 $2 $3 $3 Office supplies 6 $6 $6 $7 Travel & entertainment 1 $1 $1 $1 Printing, Postage, Services 0 $0 $0 $0 Equipment maintenance & rental 4 $4 $4 $4 Other Start Up Costs 0 $0 $0 $0 Fees 1 $1 $1 $1 Total General /Administrative Expenses $37 $35 $39 $40 Total Operating Expenses $137 $161 $261 $411 Net Income Before Taxes $80 $127 $109 $54 Taxes on income 0 0 0 0 Net Income After Taxes $80 $127 $109 $54 Extraordinary gain or Toss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $80 $127 $109 $54 Pro -Forma Income Statement GPS PEO Inc For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $5,101 $5,611 $6,172 $6,789 Less Returns 0 $0 $0 $0 Net Sales $5,101 $5,611 $6,172 $6,789 COST OF SALES Beginning inventory $1 $4,884 $5,323 $5,802 Pius goods purchased / manufactured 4,883 438 479 522 Total Goods Available $4,884 $5,323 $5,802 $6,324 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $4,884 $5,323 $5,802 $6,324 Gross Profit (Loss) $216 $288 $370 $465 OPERATING EXPENSES Selling Salaries and wages $87 $111 $198 $341 Payroll Tax 10 13 $23 $29 Advertising 1 $1 $1 $1 Depreciation 1 $1 $1 $0 Billing & Other Operational Expenses 0 $0 $0 $0 Total Selling Expenses $99 $126 $222 $371 General /Administrative Legal & Accounting $0 $0 $0 $0 Technologies 0 $0 $0 $0 Disposal & Maintenance 0 $0 $0 $0 Insurance 2 $2 $2 $2 Rent 17 14 17 17 Utilities 6 $6 $6 $6 Licenses & Tax 2 $2 $3 $3 Office supplies 6 $6 $6 $7 Travel & entertainment 1 $1 $1 $1 Printing, Postage, Services 0 $0 $0 $0 Equipment maintenance & rental 4 $4 $4 $4 Other Start Up Costs 0 $0 $0 $0 Fees 1 $1 $1 $1 Total General /Administrative Expenses $37 $35 $39 $40 Total Operating Expenses $137 $161 $261 $411 Net Income Before Taxes $80 $127 $109 $54 Taxes on income 0 0 0 0 Net Income After Taxes $80 $127 $109 $54 Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $80 $127 $109 $54 GPS PEO Inc _ Re�oduc f m Business Plan Net Income: What are Revenues after all costs, liabilities and taxes? 2012 2013 2014 2015 2016 $82,053 $125,223 $109,270 $51,979 $202,722 Gross Margin How much revenues are left after costs of goods sold? 2012 L 2013 __ 2014 2015 2016 4.26% 5.13% 5.99% 6.85% 7.70% Profit Margin #1: (given ratio) How much revenues are profit? 2012 2013 2014 2015 2016 4.30% 5.10% 6.80% 6.80% 7.70% Profit Margin #2 (calculated from net income statement) How much revenues are profit? 2012 L 2013 I 2014 2015 2016 1.61% 2.23% 1.77% 0.77% 2.71% Operating Income: What are revenues after all costs? 2012 2013 2014 2015 2016 $82,053 $125,223 $109,270 270 $57, 754 $225,247 ,ntribution Margin: How much revenue goes to fixed costs? 2012 2013 2014 2015 2016 I 3.95% I 4.79% 5.71% 6.63% 7.47% Return on Assets: (given ratio) How efficient are assets? 2012 L 2013 (52.1%) (359.9%1_ unknown unknown 747.1% Return on Assets #2: (calculated from balance sheet) How efficient are assets? 2012 2013 2014 2015 2016 1269.97% (745.73 %) (401.51%) 172.75% 98.32% Retained Earnings: How much is left to reinvest into the business? 2012 2013 2014 2015 2016 $81,270 I $124,439 $108,486 $57,303 $224,797 Working Capital: How much is left after short -term costs are paid? 2012 2013 I 2014 2015 2016 $3,994 ($18,476) ($28,115) $29,639 $206,178 Breakeven: How much must be sold to cover operation costs? 2012 2013 1 2014 2015 2016 $3,023,459 $2,997,086 $4,258,582 $5,917,947 $4,451,214 • t J N "a d b 1:20 g C m Z c CIS co U •= ��r W c 0 w - ° 9 - 2.c1- 7�S t4 c1q �JAL �C NU ; 1 j, vi ! , -s-- - — I ! \ 1- 1 ttv vt-'9' ,, _, , _,, .1 l't , , 1 0 (" k..44- ,,,, I 1 , _ ... „......5 .....:it - --1 ,-- i 7 1 " 1,_ !r) 1 -_- 4 .5 6 -- ............4 . ././>1.--t •L. 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C z e . 4 . ) 9 s t r L Q tt peor ce" Iv .11?__C1 te)ti.4 rAl4Esc.$ 1,120-4-t 44 A.14.0 Ciiin./". Pt41 tZ - - - 1 . ,. : lu,, ^ 0 _ ..,. .. ,.....„ : ..„..,,„...... :. ;. , . . . , . ... , . am... . , ,.. .. . • .,.. ..,, . 41 t _Mil . . . _ , ,,,, , .,,, $f ... I . II I .- ........... !ni 1 ini!lo i ir p. i a . _ 7..., =BEACH BOYNTO CRA CRA BOARD MEETING OF: February 14, 2012 X I Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Other SUBJECT: Approval of Commercial Interior Build -Out Grant to The Law Offices of Angelo A. Gasparri, PA d/b /a Debt Relief Law Center of Palm Beach County ( "Debt Relief Law Center of PBC ") SUMMARY: The Debt Relief Law Center of PBC recently moved into the CRA District and was approved for a Rent Subsidy Grant on November 8, 2011. It meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build -Out Grant for Debt Relief Law Center of PBC not to exceed $15,000. Vivian Brooks Executive Director BOYNTON', C p A =BEACH 2011/2012 Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Guidelines The Commercial Intenor 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 distnct The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs 'associated with the construction and interior finishing of a new or expanding location Applicants may be eligible for up to $15,000 in grant funding to assist with the cost of commercial 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 S 1 5,000 Businesses applying for financial assistance with the cost of intenor build out must receive City of Boynton Beach Development Department and Building Department building permit approval I. Program The Commercial Intenor 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 renoN ation 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 Floonng 6. Hood & fire suppression system The Commercial Intenor 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 I of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 56t- 737 -325o Fax 561- 737 -325ri h ,n1(theach to, 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5 An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full -time equivalent W -2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. 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 Interior Build - Out Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment ". d. New businesses using a D /B /A that has been used by another business within the past twelve (12) months. III. Grant Terris and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the spate 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. Initials Page of9 710 North Fc,deral High ,ay Boynton Beach, FL 3343.` Phone 561- 737 -3256 Fax 561- 737 -3258 _ ww,hovnannbeachcn corn Insurance requirements Ability to terminate. Consequences of default on the lease. 1 he 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 Distrct. 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. W9 Form (attached to grant application) * 3 Copy of all business and occupational licenses,* 4. Copy of the corporate documents for the applying business entity, * 5 Copy of executed multi -year commercial lease agreement " v Landlord SSN or Tax ID " 7 Business plan. including executive summary and three -year financial projections of revenues and expenses. * 8. Two (2) years of audited financials and corporate tax returns (for existing businesses only) NIA 9 Two (2) years of tax returns for the owners of a new business. * 10 Qualifications, experience and track records of business owners * I I Copy of design and construction plans associated with the proposed iinpro %ements. 12. List of jobs to he 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 13. A minimum of four (4) 3"x5' color "before" photos of the project. * Items filed previously with application for Commercial Rent Subsidy Program November 2011 initial( Fag,: 3 of 9 710 North Federal Highwa Boynton Beach Fl .i3435 1' . ne 561 -73 -3256 Fax 561 737 -3751 'a • 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. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. 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 Reimbursement Request package. The total monies expended by the grant applicant (up to a aximurn of $15,000) will be divided into four equal payments and released on a quarterly basis olloti%ing the Initial Reimbursement Request. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 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, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked `paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is 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, but 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 t Page4of9 710 Noah Federal 1itghway Boynton Beach. FL 33435 Phone 561- 737 -3256 Fax 561- 737.3256 www ,boyntonbe chcra con, (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted For sole proprietorships. partnerships. s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full unit' 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 provrdmg 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 quarte] 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 propnetorships. 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 woik approved change orders and only for work that has been performed and paid for after thc grantee has received notification that the Grant Application has been approved by the CRA Any work completed prior to receiving grant appro\ al is ineligible for reimbursement Grantees may not submit work improvements for ieirnbursement which have been used as reirnbursement requests in any other grant program offered by the CRA. City of Boynton Beach. Palm Beach County or the State of Flonda The Commercial lntenoi Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant piograms The Commercial Intenor Build -Out Assistance program may only be used one time in and 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 f , Pot: 5 of 9 110 North Fttltrai Fii;'hway Boynton Bach FL 13335 Phone SO1_737_3256 Fax 561 - 3 1_10101 , F,_ cA BOYNTON =BEAC 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application - (Please Type or Print Only — Use Additional Sheets it Necessary) Applicant Name: The Law Offices of Angelo A Gasparn PA Applicant Mailing Address: 1080 S Federal Highway, Boynton Beach FI 33435 Business Name (D /B /A if applicable): Debt Relief Law Center of Palm Beach County Current Business 269 NW 64TH STREET Address: BOCA RATON, FL 33487 US Phone: 561 - 826 - 8986 Fax: Email: angelo@drlclaw.com Fed ID# 26 4456086 Time at Current Location: 2 mos Monthly Rent: $1250 +tax Do you have an executed lease agreement: Yes X No _ Landlord Name: BI Square Inc. Landlord SSN /EIN: 59 1939242 Landlords Mailing Address: 435 S Country Club Blvd, Boca Raton Honda 33487 New Business Address (if applicable ) S. Federal Highway, Boynton Beach FI 33435 New Business to Boynton Beach. Yes X No Existing Business: Yes _ No X _ Number of years in existence 1 6 Square footage of existing location 1030 Square footage of new location: 1632 ,. A _ Initials r' Page 6 of 9 - 710 North Federal Highway Boynton Beach FL 33435 Phone 561- 737 -3256 Fax 561 -73' -3258 V b• 6% ntor heachk i, cons Type of Business. Law Office _ Number of Employees 4 _ Hours of Operation• gam _5pm M-F, Are you applying for grant assistance under any other program offered by the CRA YesX No if yes- what additional programs are you applying for Commercial Rent Subsidy Program, Commercial Facade Improvement Grant Program Are you receiving grant assistance from any other governmental agencies Yes__ No X 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 gi`ren for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Piogram, 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 1 further acknowledge that 1 have read and understand the terms and conditions set forth and described in the Boynton Beach Comniunit Redevelopment Agency Commercial Interior Build -Out Piogram 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 (`RA mission I hereby waive my nghts 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 1 further grant permission, and authorize any bank. employer or other public or pnvate 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 1 in itial . ,r Page ` nl v I(I worth Federal klighuay Boynton Buell, ri 13435 Ph S61- 737 -325(1 Fax SGI 737 -325 11 � 1,ntn SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applican o READ AND UNDERSTAND all aspects of the Grant _ Pro • a, 'Application and Guidelines. / r 20/2.cv Applica v enant's Signature / Date , Ange : Gaspard President Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORID/', COUNTY OF i J BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared f ' ' 1 (-7 6' ) /I - S � rc- ) L - ✓ , who is personally known to me or produced TT( 4 I'J L 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 c�O.7 ) day of .J i / v 20/ • � + A� SUSAN M. ENGLE 2 , j Notary Public, State of Florida Commission# EE 122589 My comm expires Aug 16. 2015 - -- -- NOTARY PUBLIC My Commission Expires: S/' 7 1r Page 8 of 0 710 North Federal Highv a; Boynton Bcdch, FL 33435 Phone 561- 737 -3256 Fax 561 -73 -3258 wti! tnynt,mheachoni r,.m 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 , Property Own: 's Signatur Date Angelo S Ga.parrl President -- - -- - --- - - - - - - - -- - - - - - - - - -- Printed Name 1 itie Property Owner's Signature Date Printed Name I itlL STA I'E OE r COUNTY OF N a L n� BEFORE ME, an officer dui) authorized by law to administer oaths and take acknowledgements. personally appeared ; /kJ 9 e4,0_,_ _ �, � a, � � _ _ _ _ who is personally known to me or produced as identification, and acknowledged he'she executed the foregoing Agreement for the use and purposes mentioned nl it and that the instrument is his /her act and deed IN WITNESS OF THE FOREGOING, I have sct my hand and official seal in the State and County aforesaid on this day of JCJ A) u a 20 , jcd e . NOTARY PUBLIC My Commission Expires t' _� ' ` Page 9 01 9 71(1 North Federal tlighwas boynton Beach FE 13435 Phone 561 -73' -3'56 Fax 561 737 -325fi Pro -Forma Income Statement Debt Relief Law Center of Palm Beach County For 2011 through 2014 (all numbers in $000) REVENUE 2011* 2012 2013 2014 Gross sales $147 $258 $315 $350 Less Returns 0 0 0 0 Net Sales $147 $258 $315 $350 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured 0 0 0 0 Total Goods Available $0 $0 $0 $0 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $147 $258 $315 $350 OPERATING EXPENSES Selling Salaries and wages 48 109 126 144 Employee Benefits 0 0 0 0 Advertising 13 18 19 19 Depreciation 0 0 0 0 Owner withdrawals 1 0 0 0 Total Selling Expenses $63 $127 $145 $163 General /Administrative Miscellaneous 1 1 1 1 Technologies 5 2 2 3 Cont. Ed, Dues, Subscriptions 3 1 1 1 Insurance 3 3 3 3 Rent 11 15 17 18 Utilities 3 4 4 4 Licenses & Tax 1 1 1 1 Office supplies 8 6 6 6 Travel & entertainment 3 2 2 3 Printing, Postage, Services 1 4 4 4 Maintenance 1 1 1 1 Automobile 4 5 5 5 Fees 0 0 0 0 Total General /Administrative Expenses $42 $45 $48 $51 Total Operating Expenses $105 $173 $193 $214 Net Income Before Taxes $42 $85 $122 $136 Taxes on income 5 11 16 18 Net Income After Taxes $36 $74 $106 $118 Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $36 $74 $106 $118 * 2011 figures are based on actual numbers from Jan to Sept Risk Analysis for Debt Relief Law Center of Palm Beach County Weighted Factor _ Grade Weight Grade Business Plan Completeness of Application 90 40 36 Understanding of Financials 85 38 32.3 Business Plan Score (50% of Total Score) Owner Resume 90 34 30.6 165.15 out of 200 possible Management Plan 80 32 25.6 82.58% Understanding of Market 75 29 21.75 Sales /Marketing Plan 70 27 18.9 Financials Pro -Forma 90 25 22.5 Net Income 85 25 21.25 Profit Margin 80 21 16.8 Financials Score (50% of Total Score) Operating Income 85 25 21.25 128.45 out of 200 possible Contribution Margin 65 23 14.95 64.23% Degree of Operating Leverage 65 20 13 Current Ratio _ 0 19 0 Working Capital _ 0 20 0 Breakeven 85 22 18.7 Total Score 1 73.40% 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 Risk Analysis, Rent Subsidy, New Business, Service, 2011 C _ Debt Relief Law Center of Palm Beach County Net Income: What are Revenues after all costs, liabilities and taxes? 2011 2012 2013 2014 $27,771 $74,043 $107,442 $121,106 Operating Income: What are revenues after all costs? 2011 2012 2013 2014 $32,012 $85,350 $121,425 $304,300 Profit Margin. How much revenues are profit? 2011 2012 2013 2014 25.18% 28.70% 34.13% 34.64% Contribution Margin: How much revenue goes to fixed costs? 2011 2012 2013 2014 38.84% 44.15% 48.45% 52.89% Degree of Operating Leverage: How much to fixed costs effect earnings? 2011 2012 2013 2014 29.02% 33.08% 38.57% 87.04% Current Ratio: Can all short -term assets cover short -term costs? 2011 2012 2013 2014 unknown unknown unknown unknown Working Capital: How much is left after short -term costs are paid? 2011 2012 2013 2014 unknown unknown unknown unknown Breakeven: How much must be sold to cover operation costs? 2011 2012 2013 2014 $27,887 $64,670 $59,183 $85,651 f ,,.......---------------- i , oft.rrir .....' r w b ., � • _ , , , ,. , . . \ +la w (0 Jr .946 13 hi' _'' r --41) ..4 ______I i> J1 -� F.1. o, a a al 0 a - x © Q O V� .b e� ri _ Q 0 cn v { a c O I °f ) t.1 ` ---I Z 0 R .a 5 o ° 4 ��— i _ -.--=-/ Q w ic, �o c A n o mu- I iii i III 1911441 X C = o0 is- _ --,, CU C I- Z . � a s iii_____,,,i _ r M1 p "0 5 w _ 2 \ I ThrZT RI 1 LL o) o a 0 - 0 U .c C wz ?�® � N X C co Q ,. f 'p I K t X iN 00 LI. 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'`- 7- 11 I 4 i --- 11 5 -60 cc H i I - ----, _ CC *--- ----- - ----- ., , C) Sil Z --„t 0) 0) 0 ai ca c c C L (D ..c >, >, 2 c Ts al w o o c c a o O c c m C N u) a) C N u) a) CO C O > "0 (o CO N 0 co O U c ` CO ca co 3 0 a) co 3 0 0 O w L Y 3 12 2 c a T i a) m m Lai E - m ' co a m E ' @ -0 a) E` o c ° 0 E '.:_5, c ° 0 <n a) co o< = E Y 2 o Q •• E Y N O - 7 E c m L -c `@ Q C C 2 L a C C 0 .E . C- 0 3 E E (a C 5 0 E E C a O cu 0 0 0 t O L o O a) Ca U H E. ,:_o_ L - 2 2 > 0 (a 2 2 O Q1 U Y O , O C C u) p_ Li Y L E a'' C C- 00 0) J E L u) I— L Y O L U 0 C 0 0 L p — w E p 0> O N c 0 E 0 m in 00 E N >> cc Co Z V u) o O . t 8 a`) m o o v v „° E W a) Y (V C C C X .c o ca c ca c a a ..- a a - a) 0 a w UiiU -� 3f3 (� W 0 Ce ft i 1- c O) 2 -o oo O O N 0) N O O O <6 V O O co 1-- C Q O co co co < Z in in li ` a) a) u -c V 0 E a 1 G� c @ co N E QS 0 m e L o U U co o u) a) _ O U LL Q ,�. ... z c c C0 ` E a) as 03 a3 N . 0 U n. U L L L E u) 0 co w � UOOii 2II E 7 ca U 7 o 0 ) N N N C a (v N O d) L J (N J J H O N N N 0 r CI CV CV Ca 7 o O � 7 N C N N (6 N Page 1 of 1 Utterback, Theresa From: Utterback, Theresa Sent: Thursday, January 26, 2012 11:31 AM To: Simon, Michael; Brooks, Vivian Subject: Citizen's Letter RE Boynton Harbor Marina - excessive drinking on docks Importance: High Attachments: 1.20.12 Ltr from Schneider RE excessive drinking on marina docks.pdf; image001.emz; oledata.mso Hi Mike & Vivian - Attached is a letter from Mr. Schneider regarding excessive drinking on the docks. I will be putting this in our comment log which will also include what we've done in response to Mr. Schneider's concern. Mr. Schneider did not provide a return address or phone number so we will not be able to advise him we are handling the matter Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P 561- 737 -3256 ext 216 F: 561- 737 -3258 utterbackt @bbfi.us ❑ T e r . ❑ . 307-r 0 - Scan this QR Barcode with your phone and learn more about all the grants available through the GRA Get FREE baicode scanning software at www l -mgma mobs 1/26/2012 January 20, 2012 To Whom It May Concern: I am a frequent visitor to Two Georges, late afternoons and evenings. Upon my inquiry, I was advised that the Marina is not part of Two Georges, but of the City, therefore I am writing to you. I use to enjoy walking along the dock before and after dinner but not anymore. My wife especially is very uncomfortable. There seems to be a frequent gathering of men, drinking late afternoon and evenings by the charter boats of Pelican, Fish On and The Classic. This is something that never took place years ago, and has become a deterrent to many visitors, my friends included. I am sure you appreciate my letter, since this use to be such a tranquil spot to stroll. Anything you can do to curtail the excessive drinking and congregating on the docks would be greatly appreciated. We would really like the docks to be like they once were. R fully yours, es , • ' Steven Schneider Massachusetts /Boynton Beach Art, leff°(*''' il i -.. p 3 3 '. .t 't ''., --' ■ , -7-- — __.-. i ? i 1 i I •-:.-C =_- 0.-- _ / : -, ,, v' ; ---- ; , i ,, , , ; t , a .-, , c ---- --- - . a V.: — = .--• ,,,.# ---1 .....) --.:: — .7 , — ..,......e '',...) " I c - 2.: %,.....1.1 ..- ........-4° ---- .. - , C9 ,........4.- c ......„ -N `' "----- ''''''' ,''''' .2 11 . t j I 1 . _ . I 7 ,. C ..... .„,....." ,.--' ,'I . — C, I t r - m - 2.. 41 P.O. Box 747 if' ( Mq� �') Office: 561 - 703 -2185 Boynton Beach, FL 33425 /-m � � Fax 561-742-2206 3 k. ...} January 26, 2012 RE: CONSUMPTION OF ALCOHOL ON BOYNTON HARBOR MARINA PROPERTY Boynton Harbor Marina Slip Holder, It has come to the attention of Waypoint Marine and the Boynton Beach CRA that excessive drinking is frequently occurring on the docks at The Boynton Harbor Marina. I would like to take this opportunity to remind you of the marina rules regarding alcohol consumption. Item #9 in The Boynton Harbor Marina Dockage lease Agreement prohibits the consumption of alcohol on CRA or Boynton Harbor Marina Property. Please review your executed 2011 -2012 Dockage lease Agreement and make sure that you and your employees are following all of the Rules and Regulations Governing Dockage including item #9. Thank you for your cooperation. Sincer 4y, 6rian Smith Waypoint Marine Inc. Manager of Boynton Harbor Marina Cc: Mike Simon, CRA Development Director Vivian Brooks, CRA Executive Director Rob Larson, Boynton Harbor Marina Dockmaster OfL t G 4,5n# President/Pastor Dr. Annette B. Boyd 501(c)(3) Non -Profit Director Apostle John F. Boyd Sr. Treasurer Minister Richelle Charles Vice President Alex Sinkfield IV Financial Secretary Prophetess Elaine Blackmon Secretary Brother Jimmy Sinkfield 522 NE 4th Street Boynton Beach, FL 33435 phone (561) 396 -3908 January 26, 2012 Dear Vivian Brookes and CRA Board Members, Be Encouraged In The Word Ministries, Inc. is a 501© 3 non -profit organization; we have several specialties one of which is in HIV /AIDS Prevention in Palm Beach County. March 10, 2012 is National HIV /AIDS Women's and Girl's Day. We are collaborating with Women of Color Rise Above Your Shame, Inc., and with Palm Beach Blood Mobile, we (Be Encouraged in the Word Ministries) will host a Health Fair which will be open to the public in Boynton Beach, Florida. We need your assistance to help us pay for the fees required to obtain Sara Sims Park. This event will provide Blood Drive, HIV /AIDS Counseling and Testing, Breast Health Exams, Healthy Mothers and Healthy Babies, and American Cancer Society are just a few of the community partners that will provide care and information to the public. We desire to have free refreshment as motivation for the community participation. Your consideration in this endeavor is greatly appreciated. Any questions or concerns please feel free to contact Dr. Annette. Harrell -Boyd (561)396 -3908 Apostle Dr. John Boyd (561)633 -3338 Minister Sharon Hollis (561)- 853 -4358. Res, - Ily ub • ed - k r. - " D - "=•: , ,President/Pastor 00030 I Consumer's Cetitate of Exemption R a;; tl 1! Issued Pursuant to Ctter 212, Florida Statutes 03/11/10 DEPARTMENT Or REVENUE 85-8013350707C-9 05/31/2010 05/31/2015 501(C)(3) ORGANIZATION Certificate Number Effective Date Expiration Date Exemption Category This certifies that BE ENCOURAGED IN THE WORD MINISTRIES INC 522 NE 4TH ST BOYNTON BEACH FL 33435 -4142 is exempt from the payment of Florida sales and use tax real property rented, transient rental property rented, tangible personal property purchased or rented, or services purcit. DR -14 Important informatioier Exempt Organizations R.04 /05 DEPARTMENT Or REVENUE 1. You must provide all vendors and suppliers with axemption certificate before making tax - exempt purchases. See Rule 12A- 1.038, Florida Administrative Cod C). 2. Your Consumer's Certificate of Exemption is to tad solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of thn anization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your orazation makes. The sale or lease to others by your organization of tangible personal property, steep.acommodations or other real property is taxable. Your organization must register, and collect and remits and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when t!e the +essor of real property (Rule 12A- 1.070, FAC). 5. It is a criminal offense to fraudulently present this eficate to evade the payment of sales tax. Under no circumstances should this certificate be used for personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200 %nn tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocal of this certificate. 6. If you have questions regarding your exemption tr tcate, please contact the Exemption Unit of Central Registration at 850 -487 -4130. The mailing adds is PO BOX 6480, Tallahassee, FL 32314 -6480. 4 ai. j . Boynton Beach Community Redevelopment Agency 1080 South Federal Highway Boynton Beach, FL 33435 Dear Miss Brooks, The academy would like to be considered for funding for 2012. As of February 2011, the academy lost all funding for our programs in the city. Our staff has been volunteering our time and resources to provide services to the residents of Boynton. In 2011 and 2012, we received funding from the United Way of Palm Beach County and the CRA of Riviera Beach. As a result, our current staff can no longer provide services to the residents. We are in desperate need of funding. We are requesting $42,000 that will help us provide weekly classes and summer camp services for the residents of Boynton Beach. I have attached an outline of the hours that we propose. ( 7- ----- Tha Captain Ric. . rd Brochu Executi • i irector Flor : a Fishing Academy, Inc 70.7 Peninsula Court ake Worth, FL 33467 561 - 740 -7227 Events for 2012 Date Hours Students Recreational outing /fishing 7 -Jan 9 :30 to 11:30 Intro to kayak 14 -Jan 9 :30 to 11:30 Cc " j--0 F .,tit lc Ef :il• . 1 Ja' c _lt to ..,, Recreational outing /fishing 21 -Jan 9 :30 to 11:30 Deep Sea Fishing 28 -Jan 8:00 to 12:00 Educational outings /fishing 4 -Feb 9 :30 to 11:30 Community Cleaning 11 -Feb 9 :30 to 11:30 rnU,gt'rai Even: 3; `et3 , :0 :o t 1 �C Educational outings /fishing 18 -Feb 9 :30 to 11:30 Deep Sea Fishing 25 -Feb 8:00 to 12:00 Recreational outing /fishing 3 -Mar 9 :30 to 11:30 Intro to kayak 10 -Mar 9 :30 to 11:30 St Patrick E✓t„n', ';' a 9 '0 'o I " ;+ kayaking 17 -Mar 9 :30 to 11:30 Deep Sea Fishing 24 -Mar 8:00 to 12:00 Accessible event 31 -Mar 9 :30 to 11:30 Educational outings /fishing 7 -Apr 9 :30 to 11:30 Intro to kayak 14 -Apr 9 :30 to 11:30 Angler Event /conservation 21 -Apr 9 :30 to 11:30 Deep Sea Fishing 21 -Apr 8:00 to 12:00 Sailing 28 -Apr 9 :30 to 11:30 Recreational outing /fishing 5 -May 9 :30 to 11:30 Intro to kayak 12 -May 9 :30 to 11:30 Ac,essibie even' - Mdy :.i to 1 j;} Snorkeling 19 -May 9 :30 to 11:30 kayaking 26 -May 9 :30 to 11:30 Educational outings /fishing 2 -Jun 9 :30 to 11:30 Intro to kayak 9 -Jun 9 :30 to 11:30 K- .yakrng e,'ent r , :0 iG J��r �. 30 L ,�, Deep Sea Fishing 16 -Jun 8:00 to 12:00 Sailing Camp 6/18 to 6/22 9 :00 to 3:00 Snorkeling 23 -Jun 9 :30 to 11:30 Kayak Camp 6/25 to 6/29 9 :00 to 3 :00 Snorkeling 30 -Jun 9 :30 to 11:30 Snorkeling Camp 7/9 to 7/13 9 :00 to 3:00 Snorkeling 14 -Jul 9 :30 to 11:30 Fishing Camp 7/16 to 7/20 9 :00 to 3 :00 r ' _ >'1 Fry Event 2' 1 r? 3, ; 1 . _ Educational outings /fishing 21 -Jul 9 :30 to 11:30 Deep Sea Fishing 7/23 to 7/27 8:00 to 12:00 Fishing 28 -Jul 9 :30 to 11:30 No Camp 7/30 to 8/3 9 :00 to 3:00 Recreational outing /fishing 4 -Aug 9 :30 to 11:30 Deep Sea Fishing 8/6 to 8/10 8:00 to 12:00 Intro to kayak 11 -Aug 9 :30 to 11:30 plc =v'�Pt Recreational outing /fishing 18 -Aug 9 :30 to 11:30 Sailing 25 -Aug 9 :30 to 11:30 Educational outings /fishing 1 -Sep 9 :30 to 11 :30 Intro to kayak 8 -Sep 9 :30 to 11:30 Recreational outing /fishing 15 -Sep 9 30 to 11:30 kayaking 22 -Sep 9 :30 to 11:30 Snorkeling 29 -Sep 9 :30 to 11:30 Recreational outing /fishing 6 -Oct 9 :30 to 11 :30 Intro to kayak 13 -Oct 9 :30 to 11:30 Accessible outing 20 -Oct 9 :30 to 11:30 Deep Sea Fishing 27 -Oct 8:00 to 12:00 Educational outings /fishing 3-Nov 9 :30 to 11 :30 Intro to kayak 10 - Nov 9 :30 to 11 :30 Recreational outing /fishing 17 - Nov 9 :30 to 11:30 Sailing 1 -Dec 9 :30 to 11:30 Recreational outing /fishing 8 -Dec 9 :30 to 11 .30 Recreational outing /fishing 15 -Dec 9 :30 to 11 •30 ._ :1 ' 710 N Federal Highway � BC�YNTQN BEACH � ( UIr Fax: 561 - 737 -3258 w ww.boyntonbeachcra.com Date: February 8, 2012 To: File .-C4( From: Susan Harris, Finance Director Subject: Consideration of Boynton Beach Community Redevelopment Agency (CRA) Fundir q to Non - Profit Entities In September 2010 the Florida Attorney General issued an Advisory Legal Opinion re "use of community redevelopment funds for promotional ...and grants to non -profit entities providing socially beneficial programs." Opinion attached as well as a Memorandum from Shepard, Smith & Cassady, P.A. as attorneys to the Florida Redevelopment Agency. Specific to "grants to non - profit entities providing socially beneficial programs," the Attorney General states "Use of community redevelopment funds to pay entities promoting tourism or providing socially beneficial programs ... does not have an apparent nexus to carrying out the purposes of the community redevelopment act." Further, the Attorney General ends the Opinion by stating "grants...to nonprofits providing socially beneficial programs would appear outside the scope of the community redevelopment act." Accordingly, it is inappropriate and unadvisable for the CRA to consider such donations. Further clarification, if necessary, can be obtained from the CRA's legal counsel if required. Adv,sor, Legal Opin ; zti7nmunIL, t<ed o elon men 1)( < k, ti„ Florida Attorney General Advisory Legal Opinion Number: AGO 2010 -40 Date: September 27, 2010 Subject: Community Redevelopment, promotional activities Mr. Lonnie Groot 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 RE: COMMUNITY REDEVELOPMENT - MUNICIPALITIES - use of community redevelopment funds for promotional activities. Part III, Ch. 163, Fla. Stat. Dear Mr. Groot: On behalf of the City of Sanford Commission, you ask substantially the following question: May the City of Sanford's Community Redevelopment Agency expend funds for festivals or street parties designed to promote tourism and economic development, advertisements for such events, grants to entities which promote tourism and economic development, and grants to non - profit entities providing socially beneficial programs? In sum: Promoting the use of a redeveloped area would appear to fall within the purposes of the community redevelopment act. Use of community redevelopment funds to pay entities promoting tourism or providing socially beneficial programs, however, does not have an apparent nexus to carrying out the purposes of the community redevelopment act. You state that the City of Sanford has implemented the provisions of the Community Redevelopment Act of 1969, Part III, Chapter 163. Florida Statutes, in creating the City of Sanford Community Redevelopment Agency (SCRA). The SCRA proposes to use funds to stage festivals or street parties to promote tourism and economic development, to provide grants to entities that encourage tourism and economic development, and to provide grants to non - profit entities which provide a wide range of socially beneficial programs. The question has arisen, however, whether such expenditures may be paid by the SCRA. Advisory Legal Opinion - Community Redevelopment, promotional activities Page 2 of 6 Pursuant to the act, a local government may determine that an area is a slum or is blighted and designate such area as appropriate for community redevelopment.[1] The Legislature has declared that slum and blighted areas constitute a serious and growing menace to the public health, safety, morals, and welfare of the residents of the state.[2] To address this matter, local governments, upon adoption of a resolution based upon legislative findings that the conditions in an area meet specified criteria described in the act, may create a community redevelopment agency.[3] The agency's purpose is to carry out community redevelopment purposes set forth in the act.[4] "Community redevelopment" or "redevelopment" is defined in the act as: "undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. "[5] Among the powers granted by the act to carry out community redevelopment are: to make contracts; to disseminate slum clearance and community redevelopment information; to undertake community redevelopment and related activities;[6] to furnish or repair streets, public utilities, playgrounds, and other public improvements; to hold or dispose of property for redevelopment.[7] Section 163.387, Florida Statutes, establishes a redevelopment trust fund for each community redevelopment agency created pursuant to section 163.356, Florida Statutes, and provides for its annual funding. Pursuant to subsection (1) of the statute, funds allocated to and deposited into the fund shall be used by a community redevelopment agency "to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan." The expenditure of moneys in the redevelopment trust fund is specifically authorized by section 163.387(6), Florida Statutes, "for undertakings of a community redevelopment agency as described in the community redevelopment plan," including, but not limited to: "(a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the htto: / /www.mvfloridaleaal. com/ aeo .nsf /nrintview /04E2C882A9329C0A 852577AB006B03... 2/8/2012 Advisory Legal Open of .'ommunhty Redo ciopmenx nrt+motttmal aett�ttle� ter community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) A11 expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes. or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the community redevelopment area. (h) The development of community policing innovations." While the statute specifically states that the use of community redevelopment trust funds is not limited to those purposes enumerated therein, the community redevelopment agency is a statutorily created administrative agency that may only exercise those powers that have been expressly granted by statute or that are necessarily exercised in order to carry out an express power.[8] Any reasonable doubt as to the lawful existence of a particular power sought to be exercised must be resolved against the exercise thereof.[9] Moreover, it is well settled that legislative intent is the polestar that guides a court's statutory construction analysis[10] and would, therefore, limit the expenditures by the community redevelopment agency. I would note that the Redevelopment Plan and Finding of Necessity for the Lake Monroe Waterfront and Downtown Sanford Redevelopment Area[11] contains a "Promotional Marketing" component, recognizing the importance of funding for events, advertising and marketing to bring people to the redevelopment area. The plan notes that the SCRA budget is subject to approval by the City of Sanford. Therefore, ultimately, it is a decision for the governing body of the City of Sanford to determine whether promotional expenditures may be included in the SCRA budget. Although a city has home rule powers, in matters involving the imposition of a tax and the expenditure of the proceeds from such a tax, the city must be able to point to statutory or constitutional authority.[12] The courts of this state have recognized the general rule that tax revenues must be expended for the purposes for which they were collected, that is, funds raised by taxation for one purpose cannot be diverted to another use.[13] In addition, this office has stated, for example, that moneys collected pursuant to the original ordinance imposing a tourist development tax could only be used to accomplish the purposes set forth in the original plan for tourist development and could not be expended for the purposes set forth in the new ordinance or considered in a new tourist development plan.[14] Advisory Legal Opinion - Community Redevelopment, promotional activities Page 4 of 6 As discussed above, it would appear that the primary focus of a community redevelopment agency is to eliminate and prevent the development or spread of slums and blight. This may be accomplished by reducing or preventing crime, by providing affordable housing, clearing slums and redeveloping in a community redevelopment area, or by rehabilitating or conserving in a community redevelopment area, or any combination or part thereof. The enumerated uses of community redevelopment trust fund moneys are likewise couched in terms of redevelopment activities involving "bricks and mortar" in a manner of speaking, rather than promotional campaigns to encourage people to populate the area once the redevelopment has been accomplished. However, to read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing community redevelopment as a static process. Accordingly, I cannot say that the use of community redevelopment funds would be so limited that the expenditure of funds for the promotion of a redeveloped area would be prohibited. However, grants to entities which promote tourism and economic development, as well as to nonprofits providing socially beneficial programs would appear outside the scope of the community redevelopment act. Sincerely, Bill McCollum Attorney General BM /tals [1] See s. 163.358, Fla. Stat. [2] Section 163.335(1), Fla. Stat. [3] Section 163.355, Fla. Stat. Subsections 163.340(7) and (8), Fla. Stat., provide definitions for "[s]lum area" and for "[b]lighted area" for purposes of the act: "(7) 'Slum area' means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements . . . which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the following factors: (a) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (b) High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government- maintained statistics or other studies and the requirements of the Florida Building Code; or httn: / /www.mvfloridalegal. com/ago.nsf /printview /04E2C8 82A9329C0A852577AB 006B03... 2/8/2012 Advisory Legal Opinuu t'ommunity Redo, clopmem act1y�ttew 3�ti (c) The existence of conditions that endanger life or property by fire or other causes (8) 'Blighted area means an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government- maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h) Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; (3) Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; (1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; (m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. However, the term 'blighted area also means any area in which at least one of the factors identified in paragraphs (a) through (n) are present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement or agreements with the agency or by resolution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, 'blighted area means an area as defined in this subsection." [4] Section 163.356(1), Fla. Stat. Advisory Legal Opinion - Community Redevelopment, promotional activities Page 6 of 6 [5] Section 163.340(9), Fla. Stat. [6] Section 163.340(12), Fla. Stat., defines "[r]elated activities" as: planning work for the preparation of a general neighborhood redevelopment plan or for the preparation or completion of a communitywide plan or program pursuant to s. 163.365, Fla. Stat.; functions related to the acquisition and disposal of real property; development of affordable housing for residents of a redevelopment area; and the development of community policing innovations. [7] See s. 163.370, Fla. Stat., which contains numerous other powers, none of which specifically include programs which would encompass a street festival or party to promote tourism or community redevelopment. [8] See, e.g., Gardinier, Inc. v. Florida Department of Pollution Control, 300 So. 2d 75, 76 (Fla. 1st DCA 1974); Williams v. Florida Real Estate Commission, 232 So. 2d 239, 240 (Fla. 4th DCA 1970). [9] See Halifax Drainage District of Volusia County v. State, 185 So. 123, 129 (Fla. 1938); State ex rel. Greenberg v. Florida State Board of Dentistry, 297 So. 2d 628 (Fla. 1st DCA 1974), cert. dismissed, 300 So. 2d 900 (Fla. 1974); City of Cape Coral v. GAC Utilities, Inc., of Florida, 281 So. 2d 493 (Fla. 1973). And see, e.g., Ops. Att'y Gen. Fla. 02 -30 (2002) and 04 -48 (2004) . [10] See State v. Rife, 789 So. 2d 288, 292 (Fla. 2001); McLaughlin v. State, 721 So. 2d 1170, 1172 (Fla. 1998). [11] Originally drafted November 21, 1995; Last updated July 29, 2009. [12] See generally Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314, 317 (Fla. 1976). See also City of Tampa v. Birdsong Motors, Inc., 261 So. 2d 1 (Fla. 1972) (municipality's power to tax is subject to the restrictions in Art. VII, s. 9, Fla. Const.). [13] See Supreme Forest Woodmen Circle v. Hobe Sound Company, 138 Fla. 141, 189 So. 249 (1939); Dickinson v. Stone, 251 So. 2d 268, 273 -274 (Fla. 1971) (it is a violation of an elemental principle in the administration of public funds for one who is charged with the trust of their proper expenditure not to apply those funds to the purposes for which they are raised). And see Oven v. Ausley, 106 Fla. 455, 143 So. 588 (1932); Taylor v. Williams, 142 Fla. 756, 196 So. 214 (Fla. 1940) . [14] See Op. Att'y Gen. Fla. 96 -26 (1996). And see Ops. Att'y Gen. Fla. 86 -39 (1986) , 82 -54 (1982) , and 77 -26 (1977) . http: / /www.mvfloridalegal. com/ ago. nsf/ printview/ 04E2C882A9329C0A852577AB006B03 ... 2/8/2012 EM0 RAND UM Shepard, Smith & Cassady, P.A. 2300 Maitland Center Parkway, Suite too Maitland, Florida 3 Telephone (407) 622 -1772 Facsimile (407) 622 -1884 To: Carol Westmoreland From: Cliff Shepard Date: December 6, 2011 Re: CRA Promotional Expenditures Recently a question has arisen regarding the interpretation of Florida Attorney General Opinion 2010 -40 (AGO 2010 -40) Specifically, may a CRA make promotional expenditures and /or financially co- sponsor events within the CRA's approved budget that promote the CRA by attracting new residents, businesses, visitors, etc...? In short, the answer is yes, provided a CRA's plan specifically provides for such, the expenditure furthers the purposes of the Community Redevelopment Act (the "Act "), and the expenditure is necessary to carry out the redevelopment program. The primary purpose of a CRA is to acquire and dispose of property and to undertake or assist capital projects in order to achieve the goal of eliminating and preventing the development 01 spread of slums and blight As noted by Attorney General Bill McCollum (the "Attorney General ") in AGO 2010 -40, the enumerated uses of community redevelopment trust fund moneys specifically authorized by Fla Stat §163 387(6) are generally couched in terms of redevelopment activities involving "bricks and mortar " However. the Attorney General recognizes that "[ p]romoting the use of a redeveloped area would appear to fall within the purpose of the community redevelopment act " The Attorney General acknowledges that too narrow of a reading of the Act would bar a community redevelopment agency from doing those actions necessary to attract investment in the redevelopment area " to read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing community redevelopment as a static process Page 1of3 Accordingly, I cannot say that the use of community redevelopment funds would be so limited that the expenditure of funds for the promotion of a redeveloped area would be prohibited " Nevertheless, the Attorney General states that grants to entities which promote tourism and economic development and grants to non -profit entities providing socially beneficial programs appear to be outside the scope of the Act As further elaborated below, in addition to being specified within the CRA's plan, in order for a CRA to expend community redevelopment funds, the proposed expenditure must further the purposes of the Act and must be necessary to carry out the redevelopment program The Act does not bar a community redevelopment agency from funding activities and undertakings that further the goal of eradicating slum or blight conditions and that further the objectives of the CRA's redevelopment plan Fla Stat. § 161370 states in pertinent part that a CRA (as well as a county or municipality) has the power "To enter into any contracts necessary to effectuate the purposes of this part" §163 370(2)(e)6 "To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part" § 163 370(2)(1) Further, an amendment to the Act in 2002 is the insertion of text in Fla Stat §163 387(6), Honda Statutes (2001), as amended by Chapter 2002 -294, Laws of Florida, making the legislative intent clear that the list of expenditures in this section is not an exhaustive list "Moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency which are directly related to financing or refinancing of redevelopment in a community redevelopment area pursuant to an approved community redevelopment plan for the following purposes, including, but not limited to (e.s.) " If a CRA's plan specifically provides for such expenditures and activities then a CRA may, upon making express findings that the contract for the appropriation and expenditure for the activity furthers the purposes of the Act and is necessary to carry out the redevelopment program, spend funds on activities, events, and promotion. Special events, marketing materials, advertising and other such non - capital expenditure have frequently been used as a means to carry out redevelopment Many community redevelopment agencies throughout the state spend make such expenditures with community redevelopment funds Such expenditures must be linked to and further the objective of eradicating blight and implementing the redevelopment plan. However, care must be taken to use funds for these types of activities sparingly and only when found to be necessary Page 2 of 3 and appropriate for meeting the needs of the area and the goals of the Plan The primary msssion of a CRA must be, as contemplated by the Act_ to acquire and dispose of property and to undertake or assist capital projects Page 3 of 3 , ek " COLLABORATIVE C • IT ` i a' ih nee"., 1 .i. 1 is t i.. - 1 101k A . . m . y *rte - -: .. ,j " -, wr .rF. 6uk .�..i • �. +..1t ... . .' . r - -, ' . ., -,4.6104.0r.,01 . - : : ' ,,,,,-. ‘r. '..,* - -;'..'-' • ,q,...ca,r- - Aliv. ,.., •••••• • '".,,,.. .ikY!'• tiM . J9-' .H„ • mss• . • .i +'� • } - � 5 • "TI1(ww(tici Yo 4 r OCEAN BREEZE WEST " A COLLABORATIVE COMMUNITY" ,.� l ,;, y 2...... ' . '. - - 4'451.4303 lialik 41111 t iki , ''.. , z , , * k ,. .. - }- Habitat ,,„ ,. for Humanity® . ,- 4 ,,,..,,,..., ,o M.. , " nt South Pa!m Beach County Dear Vivian, On beha /- o-P i Board o1' Direci'ors, ovr S- a-'-P, and especially ifhe parfner Families of Habii1a,1 i Nvmaniliy of Sovih Palm Beach Covnify we wan- Ito ifha.nk you or par-icipaini, in lihe jrovndbreakin3 ceremony .halt was held on January 6.A �'or ifhe Ocean Breeze 14Jes- neljhborhood. kJe look i io workin5 wi-lh you as be5in bvi/din3 a. nei3hborhood in ..,'he Ne ari off' Boyn -f on Beach i'ha-rt wi // s- fren5Ithen a commvni -'y and briny Families ifo3eifher. /ours in Pa.r-fnership, rt Michae/ Campbell :) ,e, ,, BOYNTON CB CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 X 1 Other SUBJECT: Marketing Incentive Program for Local Merchants: "Boynton Means Business" SUMMARY: In October, 2011, the CRA Board approved funding for Marketing Initiative Program (■IP) to assist local merchants and in December allocated additional funds to support a broader campaign, promoting not just businesses, but downtown Boynton Beach as a destination, aka, "Breeze into Boynton." UPDATE: In November the CRA funded two, full -page, color ads in the Boynton Forum, coinciding with the National "Shop Local" campaign. 18 CRA businesses participated with "co- operate ads." In January, the following media partners were contracted to provide advertising for the CRA's "Breeze into Boynton" campaign from February through September. 800 local Merchants were contacted, via direct mail, to co -op at a discounted rate of $400 per month, which includes: *Palm Beach Post: TGIF half page, color ads Neighborhood Post full page color ads Pbpulse.com digital banner ads linking to splash pages *Coastal Star: Quarter page, color ads *Comcast: 168, :15 second spots per month, appearing on MSNBC, TLC, TNT, and USA Today A separate transit advertising offer included a "wrap ad" appeanng on a 40 ft. *Palm Tran bus for $950. The bus route travels from the Garden's Mall to Boca Raton's Town Center Mall, beginning in February running until the end of August, twice a day, seven days a week. Follow -up, one -on -one informational meetings will be held with merchants to encourage participation in the program and offer marketing tips and funding is available for assistance with their special events. EX.: CRA paid for post card mailers cross - promoting the February 26 Downtown Open Market and WHACKED, Homage to Jack, a "Beat- Generation" themed all day event, taking place in the Arts District. FISCAL IMPACT: Project Fund #02 -58400 -445: Creation of Marketing Incentive Program for Local Merchants. CRA PLAN, PROGRAM OR PROJECT: Marketing Department. RECOMMEN i ATIIONS: Information only. ' i. Margee 41 Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \Marketing Incentive Program update doc 49' , 11 1 C.1 . SA ( ____ 0 r. u , ....I, • - "cc - - - ''' , , ''''' . vol .* 41 7 • ; i 4 • .,, i z .4.•,_.1. , -___ I -t, • ' .• ‘4 i'' 1 : ' .• ' II .* 11111 t.-1 ., • Boynton Means , ;.:4. ..;.. _.,. .,.....,. Business . ... 6' 2012 Advertising Program to Put Boynton .. riel vai.E4004 R_i_ and Your Business on the Map ' , boYnt harbormr _ c)n . . _ PRESORT FIRST CLASS -^\ , US POSTAGE BOYNTON RA PAID BEACH 14..• BOCA RATON, FL PERMIT NO. 1775 710 North Federal Highway Boynton Beach, FL 33435 1 1 61 ' tIA if,ca Seil' Don't calayl Be part of this TD V00 130) i Pr exiting campaign and make 2012 your year to be noticed H.nd us Go Facebook.com/BoyntonBeacheRA 1 . , 71 Twitter.com/BoyntonBeachalA 7 - -- (/110,1•0ee,Zoe al 41, 41//110 Ar?De141 . 1 , . \ \._ ,. t i i a 4 - - , - . 1 li Air .14* i , 1 ‘ , GO FAST GO FISHING GO FOR IT Be a part of the exciting new campaign to promote Boynton Beach and your business. In Partnership with the Boynton CRA 3oynton CRA invites you to be a part of our dynamic advertising campaign Feb. - Sept. 2012. Your investment of $400 /month includes: (Reserve 1 month up to 7 months) NEWSPAPER ONLINE TRANSIT Coastal Star: Palm Beach Pulse On Line Take advantage of our 7 month Quarter page, full color ad with your Banner ad: Transit campaign: full color logo. Delivers from Hypoluxo 50,000 impressions the first two Palm Beach Gardens Mall to Boca to Delray reaching 8,000 households. weeks of each month with landing Town Center. Palm Beach Post TGI Friday: page that your name, logo and King Kong Graphic on Street Side Half page, full color ads. 1 x /month, contact information will appear, Your full color logo will appear and be full run West Palm to Ft. Pierce. including link to your website. viewed by 24,000 viewers per day. One -Time investment of $950.00. Reaching 321,600 adults' CABLE TV Must be reserved by Feb. 7th, 2012. "(including e- Edition) Includes your full color logo. Corncast Advertisin :15 Second spot - Central and Palm Beach Post Neighborhood West Palm Beach Zones. 168 '`' x"`emu .«Z .,.z.. ; go, Section: spots per month with your full 1111 .•% - a). ,', - Thursday Central & South Zones, color logo. Over 61,000 viewers. ! ,, . w t. .. • 1X/month. Reaching 162,800 adults* .1 *(including e- Edition) Your full color logo, address and website. To find out how you can be a part of this exciting advertising Join us Feb. 16th, 2012: Marketing Tips for Your Business campaign contact Margee Walsh Boynton Beach CRA • 710 North Federal Highway • Boynton Beach, FL 33435 at 737- 3256 x204. RSVP by Feb. 8th - 737 -3256 x204 boyntonharbormarina.com t 4, w q ....._ - 40,-; ,,,....,,,, ilh --r► I II . GO FAST GQ FISHING GO FOR IT! 4. xllf:: ifilti t rte- ° ' igNiir boyntonharbormari °BE CH 'E'��z �� s.. der► co .to 111 , � $ s- Palm Beach Entertainment: Events, movies, restaurants, nightlife & more 1 pbpulse.com 1 ... Page 1 of 6 i P UISe ° fmooeg Aip ON Iwo eXcE Powered B PalmBeachPost com . . with your Valentine Facebook Twitter � RSS I Contact us Mobile /social v t Palm Beach media I Sign up for weekend pulse All Listings • home • events • dining • music • movies • tv • bars I clubs • gossip • arts j culture • games PALft4 BEACH STATE L U N A ,t N E G R A FEB. 3& 4 Tickets $37 1 earl k 1 ll cot lict DANCE THEATRE Don Cornelius dies 'Soul Train' creator takes own life Favorite movie theater? Taking Your Pulse poll Souper Bowl Sunday Have a party with pozole Celebrate Black History Local events scheduled Rocco's opens on PGA Taco /tequila joint hits Gardens Be your party's MVP Sponsored by Duffy's http: / /www.pbpulse.com/ 2/1/2012 Boynton Beach CRA Page 1 of 1 • - ,--S tii V gib 0 oreele teettex OP ...with your Valentine gio ,� b :p :. ut 6 ; e ,....., �+!!"�"` -! aroma - 6 , i — , ..,4 . , it , 14 GO FAST! GO FISHING! GO FOR IT! Plan your qu getaway to downtown Boynton Beach and see where the locals go ti ,, turbot,, ,. . ' - .111 °` Y;ur Tropical Tropic,. r t . "'-$..' , fi t tort for Fun! Fort for Fun! N j 4 s - f �4 ■ _ 3 Your Tropical Port for Fun! Your Tropical Port for Fun! BoyntonHarborMarina.com sponsored by: BOYNTO BEACH ,�^ ''` .+ el3Pois42. eoffri " S pl 0 1 \ s - A , r 1V- + CV e = wR'o r Q'-. * .-.. 0 ' O d v r , o a ∎ o _W 3 N ` = . d . ,. OD W d cc 'CD w ` Cu c. CI- . 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N eD VI el OD 1:r i Network Daypart Program Start End Unit Avg Active Total Rate Date Date Dur Units/Wk Weeks Units Cost 9246, Central Palm Beach HIST ii, 44 M -Su 6a -12m VARIOUS 15 8 16 $7 00 128 $896.00 HISTORY MNBC 4tR18fIbC M -Su 6a -12m VARIOUS 15 10 :6 $6 50 160 $1.040 00 TLC MB M -Su 6a-12m AVG. ALL WKS< 15 8 16 $5.50 128 $704 00 TNT ( 1, M -Su 6a -12m VARIOUS 15 8 16 $8 50 128 $1,088 00 USA M -Su 6a -12m AVG ALL WKS< 15 8 16 $10 50 128 $1,344.00 _ Totals 672 $5,072.00 9256, West Palm Beach HIST i" M -Su 6a -12m VARIOUS 15 8 16 $6 50 128 $832 00 HISTORY MNBC ft m5f1bC M -Su 6a -12m VARIOUS 15 10 16 $6.00 160 $960 CO TLC illE -Su 6a-12m AVG ALL WKS< 15 8 16 $5.00 128 $640 00 TNT �,', _) M -Su 6a -12m VARIOUS 15 8 16 $7.50 128 $960.00 USA M-Su 6a -12m AVG ALL WKS< 15 8 16 $9.50 128 $1,216.00 wee (I- ''rr)Cfr T : I S ez al 0 sees se Pr . PAun • 6-Agagoi4 044(w Alt lit P ) so STN' 40 64.- gto . so cb RimPO 60S A b - lbw Fa 004,1%0 sr sem i is eth y s 6 4 ...., E 401 : 4:1 fkr 6 6 0 114441L • 6 ,. i ` r ., r •g , i flto iw : :It: 0 „ lit 4 II 4 war •• ill. a „ -44, , , ri! ,---ik 7 ) I .p 1 * * BOYNTON c :..'BEACH Boynton Beach CRA Marketing Initiative Program Advertising Rate Sheet and Contract Effective February 1, 2012 ADVERTISER: 1. Advertiser agrees to purchase the following advertising exposure (check selection(s)): Media March April May June July August Sept. Partners Palm Beach Post (TGIF, Neighborhood Post, ❑ $400 ❑$ 400 ❑ $400 ❑ $400 ❑ $400 ❑ $400 ❑ $400 pbpulse.com) *Coastal Star, *Comcast TV *Investment of $400 includes your full -color business logo to appear in Coastal Star print ad, and Comcast :15 second cable television spot(s), space based on availability Sub total: $ Palm Tran ad February 14 — August 27, 2012 One time ❑ $950 payment (due Feb. 7) months x $ — TOTAL: $ Advertising will be published in the following media outlets, with placement of advertisers based on availability: 1. Coastal Star: Full -color business logo included in monthly % page, color ad 2. Palm Beach Post: a. TGIF: Full -color business logo included in 1 /2 page color ad. b. Neighborhood Post: Full -color business logo, with contact information, included in full -page ad. c. pbpulse.com: Full -color business logo, with contact information and landing page with link to your website as part of digital On Line Banner ad — 50,000 impressions the first two weeks of every month. 3. Comcast: Full -color business logo to appear monthly in 168 :15 seconds spots. 4. Palm Tran: Full -color business logo to be included in a 9.5 ft. tall by 20 ft. Wide "King- Kong" appearing on a 40 ft. bus. Page 1 of 2 IMPORTANT: Advertiser agrees to provide two versions of their logo in a high resolution peg a. Color logo b. Color logo with contact information c. Link to business website This co- operative advertising opportunity is provided on a first come, first serve basis. Thereafter, advertising and advertising rates will be subject to current availability and advertising rates. Advertiser agrees to pay $ /month on the 15th day of each prior to advertising. Advertising periods are for a calendar month. The CRA reserves the right to cancel this agreement and remove advertisement in the event Advertiser is delinquent in payment, which are due prior to ad publication. Total $ . Merchants are also encouraged to attend free, educational sessions the CRA will be offering in February, May and August on how to market your business. You will be contacted prior to each session, which will be held at the CRA offices: 710 North Federal Highway, Boynton Beach, FL 33435. I hereby agree to the above referenced terms and conditions. Date: Advertiser: By Title: Address: Contract expiration date: PAYMENTS ARE REQUIRED PARTICIPATION: Co -Op Advertising payments: Make checks payable to: Boynton Beach CRA 710 North Federal Highway Phone: 561- 737 -3256 Fax: 561- 737 -3258 www boyntonbeahcra.com Page 2 of 2 BOYNTON BEACH CRA BOARD MEETING OF: February 14, 2012 Consent Agenda 1 Old Business j New Business 1 Legal j 1 Executive Director's Report SUBJECT: Events Recap January 2012. SUMMARY: • Movies on the Ave. 1/6/12 — Larry Crowne PG -13 — 120 attendees. The screen was so great up on the stage, visibility was amazing. Food Trucks were very well received. • Sunday Funday - 1/8/12 — 150 attendees. Fun inflatable's were in constant use, the face painter had a line the entire day, free popcorn was given out and the steel drummer had tambourines and other instruments for the kids to use. • Ocean Avenue Concert Series — 1/20/12 - 250 attendees. The Amphitheatre looked AWESOME!! Band and Food Trucks were great...band did a few extra numbers at the end...people didn't want to leave. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: Information Only Kathy Bisc ti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\February 2012\January 2012 Events Recap - Information Only.doc • irh k _ ,,,,,, ,, ...,„, .... ,. . ._... .._ __ el,. . J .t"- ...- Movies on the Ave. ti >� January 6, 2012 I, . "Larry Crowne" Approx. 120 attendees 000 00000 r O.,. 41 v 1, r_ * _ ? _ . ralb t IDOVIS ON Till flV. k,. le . . , 1° 4' El L #4 4 .. . jots __ . ; : 1 1 ii • — \ ft e S Sunday Funday , ', ii. at the Marina r January 8, 2012 Approx. 150 attendees t ,, ---r . , ..; . , , _, ., , r ek , , #. • I 2 i \ i ,# t .. / f / \ iii . \ 1 OP" Ammo 4i iv , t * ; , I 4° rot low .. a Ir r."'7" . fi 1. '. r ,i A ' �' \ 1. N : ' �' \� Ocean Avenue ' � Concert Series / January 20, 2012 l • "The Solstice Reign" - A pprox. 250 attendees .. _., , , , . ... ,4 4 1 .1_ I 11 4111P1 , S 4 1 7 441fr., 41 0 ‘#4.°1.1 Ocffln IIV[fl CONCERT SERIES BOYNTON B E ACH I CRA BOARD MEETING OF: February 14, 2012 Consent Agenda IX I Old Business I I New Business 1 I Legal 1 1 Executive Director's Report SUBJECT: Update on Outcome of the Palm Beach County Board of Commissioners Decision on the Dive Shop Demolition and Discussion of Future Action SUMMARY: On January 24, 2012, CRA staff appeared before the Palm Beach County Commission to request the demolition of the building located within the CRA's marina. Attached is the PowerPoint that staff presented to the County Commission. The CRA received $2M in funding under the County's Waterfront Preservation Bond program in 2006. Per the attached Waterfront Preservation Easement and Declaration of Restrictive Covenants the CRA needs the approval of the County to demolish the building. The former tenant, Lynn Simmons, also attended the meeting with a number of her divers and supporters. She and her supporters stated that she was put out of business by the CRA and that the diving business in general in the marina would suffer because her retail business was no longer in the structure. The County Commission with Commissioner Burdick and Taylor absent motioned that the CRA attempt to redesign the building on the waterfront parcel to incorporate the dive shop. Staff did point out that there is a deed restriction limiting the building to 1,500 sq. ft. but the County Commission stated that the CRA should go to the Related Group and ask for an exception to the deed restriction. However, the deed restriction is based on a tri -party settlement between The Related Group, Two Georges and the City Some of the actions the Board can take are: 1. Withdraw the request to demolish the building and move on to construction of the waterfront parcel and come back to the building site in the future. 2 Direct the CRA attorney to work with the County attorney and explain all of the legal constraints and get clarification on the Waterfront Easement. Depending on the County attorney's opinion on the Easement and the City's legal constraints, continue with the request to the County Commission to demolish the building. 3. Renovate the building and RFP for a new tenant. In order to make the building leasable and to fit in with the theme of the marina master plan, a rough estimate for renovation would be $300,000. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \Manna PBC.doc BOYNTON # ±BEACH L Rtik RECOMMENDATIONS /OPTIONS: Staff recommends that the Board direct the CRA attorney to work with the County attorney to clarify the CRA's legal constraints and convey those to the County Commissioners and then get on the County Commission agenda again to present the Issue Staff also recommends that the Board approve and execute the attached letter of support to the Board of County Commissioners (BCC) Staff also will be forwarding to the BCC a letter of support from the Marina Village Condominium Master Association, a letter from City staff that the building is not historic and that the master plan fixes an existing traffic circulation problem, Vivia . rooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \February 2012 \Marina PBC doc „), B BEACH: CRA MEMORANDUM TO: City Commissioners, CRA Board Members and Members of the Board of Adjustment and Appeals FROM: Vivian L. Brooks, CRA Executive Director DATE: February 6, 2012 RE: January 19, 2012, Building Board of Adjustment & Appeals Meeting Refuting Certain Statements made by Harvey E. Oyer, III There were many erroneous statements made about myself by Harvey Oyer, III at the January 19, 2012 Building Board of Adjustment and Appeals meeting regarding his building at 417 E. Ocean Avenue. Therefore, I am sending this memorandum to correct those misstatements. On page 16, lines 4 through 6 of the attached transcript Mr. Oyer states that I spoke to his father about selling the property to the CRA. This is incorrect. I spoke to his father on two occasions, once in person with his architect Steve Myott present and once on the phone, about applying for CRA grants to complete the building. On page 16, lines 14 through 25 Mr. Oyer again misstates the situation. Mr. Oyer called me shortly after his father's death with the idea that the CRA give him three of the CRA's lots along N. Seacrest Blvd. so that he could create a compound on his father's property for his personal home. He needed the property so he could move his father's house east. We met on the issue again at the old CRA office at 915 S. Federal Highway. Mr. Oyer had a rough site plan for the reuse of his father's home on N. Seacrest Blvd. He was adamant about the CRA giving him the three lots and now a portion of a fourth. I told him that the CRA typically gives land only for affordable housing or commercial redevelopment not personal projects. He stated he needed to land to create a garage and swimming pool. I told him I would speak to the CRA attorney about the legality of such a transaction under FSS 163.3. At that same meeting I asked Mr Oyer about the status of his property located al 417 E. Ocean Avenue. 1 asked when or if the project was going to be finished Mr. Oyer said he was waiting for a tenant and the City to complete its histonc ordinance process. 1 stated that we were an the process of renovating a historic property in the vicinity (the Ruth Jones Cottage) which would be converted to a restaurant and would like to have the surrounding area be inviting to visitors Mr. Oyer stated he would be willing to tear it down but not to spend his own money. I said 1 would find out how much it would cost to tear down the building. I received the estimate which was for $2,400 and forward it to Mr. Oyer I never offered to spend the funds to tear down the building. I only stated that the CRA had a contractor that had good pricing for demolition 1 offered that perhaps the CRA would be willing to trade the four Tots on N Seacrest for the one lot on Ocean Avenue He declined the offer Mr. Oyer left the meeting visibly angry that 1 was not immediately amenable to giving him, free of charge four publicly owned lots so that he could create a compound for his personal home In speaking to the CRA attorney, Mr Oyer's desired use of CRA property would not have been an allowable use Mr Oyer's statement on page 17, lines 9 through 17 of the transcripts is a falsehood. Mr Oyer's statement on page 18, lines 2 through 4 is also a falsehood. As the CRA Director, 1 have no authority to direct City staff. I never threatened Mr. Oyer that 1 would tear down the building. In The Matter Of: City of Boynton Beach Code Meeting January 19, 2012 New Wave Depo LLC 4400 N Federal Highway, Suite 210 -19 Boca Raton, FL 33431 Phone (561) 368 -8587 Toll Free (877) 544 -WAVE Fax (561) 483 -2132 Toll Free (877) 944 -WAVE Ongmal File 120119 BB CRA.txt Min -U- Script® January 19, 2012 1 2 City of Boynton Beach 3, Code Board Meeting 4 January 19, 2012 5 6 7 PROCEEDINGS 8 THE CHAIRMAN: I want to call the meeting 9 to order. Katherine, can you take the roll of the 10, board members, please? 11 KATHERINE: (Indiscernible; 0:01:53). 12 FEMALE SPEAKER: Here. 13 KATHERINE: (Indiscernible). 14' MALE SPEAKER: Here. 15 KATHERINE: (Indiscernible). 16 MALE SPEAKER: Here. 17 KATHERINE: (Indiscernible). 18 MALE SPEAKER: Here. 19 KATHERINE: (Indiscernible). 20 MALE SPEAKER: Here. 21 KATHERINE: (Indiscernible). 22 MALE SPEAKER: Here. 23 THE CHAIRMAN: The order is here, so moved. 24 (Indiscernible; 0:02:20) a few copies. 25 MR. SANFORD: I make a motion that we New Wave Depo LLC www.newwavedepo.com - January 19, 2012 2 1 approve the minutes as received or written. 2 MR. SHORES: I second that. 3 THE CHAIRMAN: We have a motion and second. 4 Can I -- can you call the roll for approval of the 5 minutes, please? 6 KATHERINE: (Indiscernible: 0:02:34). 7 FEMALE SPEAKER: Here. 8 KATHERINE: (Indiscernible). 9 MALE SPEAKER: Yes. 10 KATHERINE: (Indiscernible). 11 MALE SPEAKER: Here. 12 KATHERINE: (Indiscernible). 13 MALE SPEAKER: Yes. 14 KATHERINE: (Indiscernible). 15 MALE SPEAKER: Yes. 16 KATHERINE: (Indiscernible). 17 MALE SPEAKER: Here. 18 THE CHAIRMAN: Thank you. At this time we 19 have (indiscernible; 0:02:50) to the -- 20 MR. SANFORD: Yes. Yes. I deal with 21 Cobiatt and Oyer Insurance, and when I started reading 22 this over and I saw that Oyer was involved in this, I 23 didn't know if I had a conflict or not. 24 MR. CHEROF: Let me ask you a couple 25 questions. Are you a business associate of that New Wave Depo LLC www.newwavedepo.com January 19. 2012 1 company? 2 MR. SANFORD: No. 3 MR. CHEROF: Is any member of your family a 4 business associate or do they work for that company? 5 MR. SANFORD: No. 6 MR. CHEROF: Do you derive any portion of 7 your income or any monetary benefit from that company? 8 MR. SANFORD: No. 9 MR. CHEROF: Okay. Under the City's voting 10 conflict regulations, which are set forth in 2 -211 of 11 the City Code and subsequent sections, you do not have 12 a voting conflict nor do you, as stated, have a voting 13 conflict under any other regulations. You are 14 required to participate and vote in this proceeding. 15 MR. SANFORD: Thank you. 16 THE CHAIRMAN: Thank you. As far as 1 17 know, there is no old business. What we need to do 18L now is anybody who's going to testify needs to be 19 sworn in. Is that correct? 20 MR. CHEROF: That's correct. 21 THE CHAIRMAN: So that's what we need to 22' do. 23 MR. CHEROF: Okay. Any other witnesses in 24 the back that might testify, take -- even if you're 25' not uncertain, why don't you just go ahead, just in New Wave Depo LLC www.newwavedepo.com - January 19, 2012 4 1 case you do, so we only have to do this once. 2 Does everyone who intends to testify swear 3 or affirm that everything they say will be the truth 4 and all the truth. 5 THE CHAIRMAN: Next order of business would 6 be (indiscernible; 0:04:43). 7 MR. MACK: Thank you. I'm just going to 8 give you a brief history of what's transpired here. 9 The -- I think everyone received a packet and was able 10 to see the photos and the memo I wrote to Mr. -- to 11 the Chair. I just want to go through the time line. 12 This project started in November 2009. The 13 applicant submitted for building permits. The 14 building permit was issued in February of 2010. Then 15 there was some time when the project commenced and 16 there was inspections going on and ongoing work. Then 17 around November 2010, the project came -- pretty much 18 came to a stop. And then they almost, at that point, 19 had the building permits let expire again, but they 20 called in an interior inspection, framing, or for 21 bracing. And they passed that, approved with 22 exception, which then gained them another six months 23 to extend their permit. Then after, since that last 24 inspection, which happened April 26, 2011, there's 25 been no activity on the site. New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 My involvement with the project started 2 when the City Manager asked me the status of the 3 project and to report to her the status of the permits 4 and the condition of the building. And so I did. At 5' that time, because there was an active permit, 1 6 couldn't really declare it unsafe, because they were 7 actually during construction. So I informed the City 8 Manager that they had an active permit and let her 9 know that it would expire on October 24th, 2011. I 10 informed her at that time that we would continue to 11; monitor it, and upon expiration of the permit, that 1 12 would go out and review the condition of the site, and 13 accordingly take proper action. 14 So as of that date, upon expiration, I 15 proceeded to examine the site. In your packet, you'll 16 see I've got some photos which show some of the 17 existing conditions and some of my concerns. Upon 18 completing that inspection, my major concern is with 19 windborne debris from the existing stucco that's on 20 the outside of the building that's being salvaged by 21, the applicant. With it being exposed to the elements, 22 there's just -- there's a lot of potential for the -- 23 for a hurricane to tear off this stucco siding and 24 becoming a projectile. 25 We've met with Mr. Oyer last Thursday. I New Wave Depo LLC www.newwavedepo.com - January 19, 2012 6 1 went over my concerns at that point. We basically 2 went over the options that he had, which was either -- 3 which was -- my original letter was to demolish the 4 building or reinstate the permits by applying for a 5 new permit; paying the fees; and establishing a new 6 permit and completing the project. And that's pretty 7 much where we left off at this point. 8 And then prior to that, he had -- already 9 had submitted an appeal upon -- when I gave him my 10 original letter on November 15th, I gave him 11 twenty -one days to either comply with the order or 12 appeal my decision to this board, which is his due 13 process. And he chose to do that, to appeal to the 14 board, and he submitted, in writing, on December 2nd, 15 at which time I informed him he needed to submit an 16 application, which was submitted on December 7th. 17 MR. CHEROF: Mr. Oyer, are you familiar 18 with, and do you have a copy of the photographs that 19 were referred to by Mr. Mack? 20 MR. OYER: Assuming that they're the 21 photographs that Mr. Mack gave to me last Thursday, 22 yes. 23 MR. CHEROF: Correct. 24 MR. OYER: Have those changed? 25 MR. CHEROF: No. New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 MR. OYER: Then yes, sir, I do, 2 MR. CHEROF: All right. In addition to 3 your right to present your case and to have 4 individuals testify on your behalf, you also have the 5 right to question Mr. Mack regarding anything he said 6 or any of the documents that he has submitted to the 7 board. 8j MR. OYER: Understood. 9 MALE SPEAKER: Who (indiscernible; 0:09:04) 10 and why are we keeping (indiscernible)? 11 MR. MACK: The original permit was done 12 to -- to salvage a building that was deteriorating. 13 There has been some previous contact with the owner 14 prior to this application being approved by the City. 15 And they chose to go forward with the restoration of 16 the building. 17 I think the intent of the applicant was to 18 save the facade, to have the building designated at 19 some prior -- at some future time, as a historic 20 structure. And so they proceeded in renovating and 21 tearing down, basically, the majority of the building, 22 just leaving three sides of stucco and rebuilding it 23 from the ground up. So when the project's done, 24 you'll have a stucco facade with a brand new building 251 on the inside. It's just a -- basically a shell New Wave Depo LLC www.newwavedepo.com - January 19, 2012 8 1 building. 2 MALE SPEAKER: (Indiscernible;0:10:02)? 3 MR. MACK: Correct. That's my 4 understanding. 5 THE CHAIRMAN: The packet that you passed 6 out, provided by Mr. Oyer, there's this -- the last 7 page has something different in it than your packet. 8 MR. MACK: I haven't had a chance to look 9 through Mr. Oyer's presentation. 10 THE CHAIRMAN: The last page in this packet 11 that Mr. Oyer handed us requesting action. The third 12 line is something different. We haven't seen that 13 before. 14 MR. MACK: Correct. 15 MALE SPEAKER: (Indiscernible;0:10:42). 16 MR. MACK: Correct. 17 MALE SPEAKER: Okay. 18 MALE SPEAKER: A question for Mr. Mack. 19 MR. OYER: Good evening, members of the 20 board. And I apologize. I had brought an overhead, 21 but apparently there's no AV set up for that, so, 22 we're going to go through in your paper version. I 23 want to give you a little background on the site, 24 which I think would be instructive in how we consider 25 this building. New Wave Depo LLC www.newwavedepo.com _ January 19. 2012 1 For the record, my name is Harvey Oyer, 2 III. I'm the managing member of 417 East Ocean Ave. 3 LLC, which is an entity owned by myself and my two 4 sisters, one of which is here this evening, Christian 5 Macoviak. The other sister is teaching school 6 tonight. 7 This building was built in 1925 by our 8; grandfather. It's been in our family for eighty -seven 9' years. It's never been owned by anyone other than us. 10 In 1996, the City paid for a historic survey. This 11 was one of several buildings in town designated to "be 12 considered historic in the future" if you had a 13 historic ordinance, which it was not until the last 14 six months or eight months, that you've created that. 15 The building was occupied all of my 16 lifetime up until the hurricanes in 2004 and 2005. 17 Francis, Jean, and Wilma caused damage to it the 18 extent of which I'm not sure. But it affected the 19 roofing system, the floors. It was largely a 20 destroyed building. 21 I've had very little knowledge of it. This 22 was a project of my father's not of mine. But he 23' began the selective demolition and restoration of the 24 building, as Mr. Mack suggested, by taking everything 25' out except the two side walls and the front elevation: New Wave Depo LLC www.newwavedepo.com - January 19, 2012 11 1 series of contractors with construction liens. We had 2 no tenant in sight and no use in sight. So it was a 3 giant red herring. And what we were trying to do is 4 figure out what can we do with this. And that was the 5 subject matter of these various meetings. 6 And the initial conversations really surrounded, 7 were there any incentive programs that the CRA could 8 provide to assist us, and when this historic 9 preservation ordinance that's been bandied about for 10 years be put in place. Because, you see, under a 11 historic ordinance -- and one was in planning at the 12 time -- this structure, if designated, and it would 13 qualify for designation, would then be eligible for 14 what's called an ad valorem tax exemption for ten 15 years, which means the value of all the improvements 16 that you put into the building are exempt from city 17 and county tax for a decade. 18 That's part of our county's incentive 19 program to restore historic buildings. The City of 20 Boynton Beach is one of the last municipalities to the 21 show. And they finally did it this year. And that 22 made a big difference financially. If we could take a 23 building that was nearly valueless in its present 24 condition, put several hundred thousand dollars in it, 25 and exempt that several hundred thousand dollars of New Wave Depo LLC www.newwavedepo.com .. January 19, 2012 f; 1 Flooring system, roofing system, everything removed, 2 and began a restoration. 3 December of last year our father died. In 4 January, I began meeting with your city staff. I'm 5 not sure if Mr. Mack was here at the time. 6 MR. MACK: I was. 7 MR. OYER: But I met in a series of at 8 least three meetings with, it seemed like your entire 9 planning and building department, Fire Marshal, 10 janitor, cook, everyone. And what we were doing was 11 trying to figure out what to do with a number of 12 different buildings that were now under -- or going to 13 be under the ownership of my sisters and I, trying to 14 figure out what is the best use of these. 15 And all of which, but for this one - -m so 16 you know for the record -- we've restored and fixed 17 up. We have tenants in every building that we have in 18, the city, including the properties across the railroad 19'' tracks, which I would venture to say are maybe the 20 only fully- occupied, successful buildings on Ocean 21 Avenue. 22 This one, though, is trouble, because we 23 didn't know what to do with it. We had a construction 24 loan from a local bank that my father had taken out to 25 -- that had taken draws. So money was owed. We had a New Wave Depo LLC www.newwavedepo.com - January 19, 2012 12 1 improvement value from ad valorem taxes for ten years, 2 it made a material difference. 3 And that, coupled with the existing CRA 4 facade grant, sign grant, tenant improvement 5 allowance, et cetera, would almost make this project 6 viable. So we were trying to make lemonade out of 7 lemons here. 8 So what I was told in those meetings was we 9 have a historic ordinance that is about to be passed. 10 We're going to create a historic preservation board. 11 We are going to hire a historic preservation planner. 12 We are going to apply for and obtain certified local 13 government status. And we are going to enter into an 14 inter -local agreement with Palm Beach County to do 15 what all the other large municipalities have done for 16 years, which is this historic tax abatement program. 17 And so I waited, and we waited, and we 18 waited. And in the process, you did enact an 19 ordinance. You did hire a preservation director. In 20 fact, I was on the screening committee. I think I was 21 the only non -city employee on the screening committee. 22 I have a background in historic preservation. I've 23 restored a number of buildings. And we're presently 24 waiting, I'm told by Warren, as of today, for the 25 certified local government status and an inter -local New Wave Depo LLC www.newwavedepo.com - January 19, 2012 1'I agreement. So we're still not there. 2 So part of this is due to the City asking 3 us to wait. Part of it was simply getting it under 4 control. In our father's will, I was designated as 5 personal representative, but any of you that have gone 6 through this, know that it takes the court a while to 7 appoint you as a PR and let the creditors' claim 8 period lapse. So it was not until April of last year, 9 four months lapsed, before I was even in a position 10 where I could do anything. 11 And the first thing I did was pay the bank 12 off and pay off all of the contractor liens and clear 13, title to the property. I'm trying to give you a 14 background of where we've been. I think it will be 151 helpful for you to understand how we got stuck in the 16 position that we're in. 17 We -- I then engaged a very prominent 181 architectural firm called Glidden Spina & Partners -- 19 you're probably familiar with them, Keith Spina. And 20 I think I even have an architectural rendering in your 211 packet of what they rendered for us, in an effort to 221 begin to advertise it to attract tenants. 231 , We also engaged WG Compass, one of the top commercial 24, brokerage firms in the county, to list it for lease 251 and for sale, so that we could either find a tenant or New Wave Depo LLC www.newwavedepo.com - January 19, 2012 14 1 find a buyer. And all this is an effort to do 2 something with the property. I don't want any of you 3 to think that our family was sitting on our hands 4 watching this thing fall apart. We absolutely were 5 not. 6 And as you'll discover from the building 7 permit history, the inspection history and the CO 8 history, there has been an ongoing construction 9 project here. And it was interrupted only by our 10 father's death and my waiting for the City to get 11 their historic ordinance and infrastructure in place. 12 We had a series -- and Andrew can correct 13 me if I'm wrong -- from the time the original permit 14 was pulled, three different inspections. All three 15 passed, as part of an overall plan of restoring the 16 building. And as you can see in the photographs that 17 I've provided to you of each of the four elevations, 18 and more importantly, the images titled "new concrete 19 footer with hurricane strapping ", the following image 20 entitled "new studs ", the following image entitled 21 "interior bracing ", the next one entitled "exterior 22 bracing ", you can see that some expense and effort 23 went into this. And this is what culminated in those 24 three prior inspections and passes. 25 We actually did perform additional work New Wave Depo LLC www.newwavedepo.com January 19, 2012 s 1 during August of last year that we didn't call for an 2 inspection. And I take responsibility for that. Our 3 contractor, who's here tonight, Gregory Bowser, who's 4 done all the work on this project, completed the work, 5' told me we should call for an inspection, keep the 6 building permit alive. For whatever reason, 1 don't 7 know what it was, busy at work or busy trying to 8 manage half a dozen other historic properties that 9 were dumped in my lap, it didn't get done. 10 As a result, the six -month period came and 11 went. And we realized it the day after it expired. 12 Mr. Bowser called and asked for the inspection. He 13 was told that he could not have it. The permit had 14, closed. When questioned why, because customarily a 15 little grace period is given, in fact customarily I'm 16 told, and we get Mr. Bowser's testimony, that as a 17 professional courtesy, oftentimes, when your permit 18 expires, someone from the building department calls 19 and notifies and says, Greg, did you realize your 20; building permit expired. We were off by a day, and we 21 were told that we could not have it inspected, despite 22 the fact that the work had been completed. 231 Which leads me to the most troubling part of this. 24 And that is, a series of conversations that have 25 occurred over many years wherein the CRA has wanted to New Wave Depo LLC www.newwavedepo.com - January 19, 2012 16 1 buy this property. My father was never willing to 2 sell it. And I only know this because -- not just 3 from my father telling me this, but because I had the 4 previous CRA director and your now current CRA 5 director call me on multiple occasions, asking me to 6 attempt to talk my father into selling this property 7 as well as another property that our family owns at 8 512 and 516 North Seacrest. And my answer was always 9 the same. I don't think my father will have any 10 interest in this. They were all built by his father. 11 And if any of you knew my father, he was not 12 interested in parting with buildings, he was 13 interested in restoring buildings. 14 After his death, these conversations 15 resumed with the CRA director and eventually 16 culminated, not coincidentally, at the same time 17 period that this demolition order was given. And it 18 went something like this. I had a telephone 19 conference with CRA director Vivian Brooks, one 20 evening about 5 o'clock. It was in October. I can 21 look at my phone records and find the exact date, 22 wherein she wanted to trade property on Seacrest 23 adjacent to our family home on Seacrest, in return for 24 this property; meaning the CRA would take title to 25 this property. New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 This came on the heels of earlier calls 2 from her and a city commissioner, asking us to tear it 1 3' down. We told her we were certainly open to the idea 4 of tearing it down. We didn't have any prospects for 5 what we were going to do with it. And they requested 6 that we tear it down, sod it, irrigate it, and allow 7 Art in Public Places to place sculpture or something 8 in the spot. 9 My response, without consulting with my 10 sisters was, we would be open to that idea, but, you 11 know, please don't ask us to bear the expense of that. 12 That sounds like a public purpose. Share in the cost 13 with us. And we were told no, they wouldn't share in 14 the cost. This was her demand. And that if we didn't 15 do it -- and I'm paraphrasing -- we're going to 16 require you to tear it down anyway, so you can do it 17 our way now or you can do it our way later. 18 And fast forward to the telephone 19 conversation at approximately 5 p.m. in October. She 20 again reiterated, trade us the property on Seacrest 21 for this location. I told her we did not have an 22 interest in that; that there was a big valuation 23 difference in the two properties. If the CRA was 24 interested in purchasing this property, we were open 25 to the idea, but there was not an equivalent value in New Wave Depo LLC www.newwavedepo.com - January 19, 2012 18 1 the two properties. 2 In a somewhat angry tone, she told me that 3 I will have it torn down. That was 5 or 6 p.m. on one 4 day in October. 9 a.m. the next morning, Tim Large, 5 from your building department called me and said you 6 need to demo the building. And I've worked with Tim 7 long enough to know that he's an honest man. I said 8 Tim, did you just wake up this morning and decide that 9 our building needed to be demo'ed? And he said no, I 10 have instructions to call you and tell you that it 11 needs to be demo'ed. And I said, Tim, let me tell you 12 about a conversation I had last night. And I shared 13 with him the conversation with Vivian Brooks. And his 14 response -- and again, I'm paraphrasing -- is, I'm 15 sorry. I didn't know all this was going on. You 16 know, I'll get back to you. And he let it go. 17 And about three weeks later, Mr. Mack 18 attempted to call me. I think I was out of town. We 19 traded calls a few times over a course of three, five 20 days, maybe a week. And then I received the letter in 21 the staff's packet dated November 15th, 2011, alleging 22 a violation of several provisions of your building 23 code that effectively states that he, as the building 24 official, deemed the building "unsafe, constitutes a 25 fire hazard, dangerous to human life, and in relation New Wave Depo LLC www.newwavedepo.com . January 19, 2012 1 to existing use, constitutes a hazard to safety or 2 health, giving me twenty -one days to appeal or have it 3 torn down. 4' That is what instituted this appeal. I 5 sent -- because I am not a building expert at all, 6 hired actually three structural engineers: The one 7 who had worked on the project, from whom you have a 8 letter in your packet dated November 30th, 2011, 9 Florida licensed structural engineer, signed, sealed. 10 I then hired two other firms, one is Slider 11' Engineering; the other is Kimley -Horn, maybe the 12 largest, most recognized engineering firm in th 13 estate. And they came and looked at it. 14 I also hired two fire inspectors, one of which I 15 consulted without a fee, and that's Herman Bryce, our 16 former county fire chief; and a man named Larry 17 Weintraub, who is a career firefighter and fire 18 inspector. And they -- Mr. Weintraub inspected the 19 property, and chuckling, said there's no way that 20 anyone could deem this to be a fire hazard. If I held 21' a lighter to it for an hour, it couldn't catch on 22 fire, and if it did, it doesn't pose any hazard. 23 There's not another building within a hundred feet of 24 it. 25 When I brought that to Mr. Mack's attention New Wave Depo LLC www.newwavedepo.com - January 19, 2012 20 1 last week, he did concede that it did not constitute a 2 fire hazard, that that was language that was in the 3 code provision that got regurgitated in his letter, 4 and therefore, that issue would not be on the table 5 this evening. So I assume that issue is not on the 6 table, because I did not bring those experts. 7 Which I think boils this down to just the issues of is 8 this structurally unsound; does it pose a safety 9 hazard to our community. And I heard Mr. Mack's 10 issues when we met last week. I'm in no position, as 11 a layperson, to refute them. The structural engineers 12 that I hired acknowledged that those could be 13 problems. And the problem would be that the stucco on 14 the exterior wall is attached to a wire mesh, almost 15 like a hog wire, on the inside. And on the inside of 16 that are some diagonal boards. And the original 17 studding, which as you can see from the images, have 18 been replaced by brand new studding, hurricane 19 strapped into a new footer, et cetera, all of which 20 was part of the approved building permit, hopefully on 21 its way to completion. 22 Father died in the midst of it. It didn't 23 get completed. And that if there were to be a 24 windstorm and the wind could get on the interior side 25 of that wall, because there's nothing holding the New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 stucco to the wall other than the wire, and the wire's 2 attachment to that studding is apparently not 3 sufficient, that it could sail away in the wind. 4 He told me there is not the same problem if 5 the wind comes from the other side, because it pushes 6 it in. That's not the problem. Solution is to finish 7 the building, put a roof on it, put a back wall on it, 8 problem goes away. And I said terrific, that's what 9 we've been trying to do. But, you know, we've been 10 frustrated by a series of issues: Waiting for the 11 City; waiting for me to be appointed PR; not 12 recognizing the custom of calling my contractor and 13 giving the professional courtesy to let him know it 14 expired; not allowing our work to be inspected even 15 though it was a day afterwards. 16 So here we are, folks. And for the record, 17 I want to say my family has worked with this community 18 for -- since the community's existence, as you know. 19 And I think I've worked very well with everyone in 20 this city on a number of projects, including this 21 morning. Our family donated trees to be planted in a 22 park this morning. We went to the tree planting. 23 I've worked very well with your building staff, your 24 planning staff. They're exceptional people. But I'm 25 very frustrated by the way this has played out. I've New Wave Depo LLC www.newwavedepo.com - January 19, 2012 22 1 been open and honest and had repeated meetings with 2 them from the beginning, asking what I can do to 3 fulfill their vision for downtown, how can I work with 4 you, how can you work with us. And for them to pull 5 this out -- and I'm not sure if the city commissioner 6 is behind it, if it's the CRA director behind it; I 7 asked for all of them to be witnesses here tonight. I 8 was told after I arrived that Mr. Mack could not 9 compel them to be a witness so that I could 10 cross - examine them forathe record. But I think that's 11 an abuse of public office, to have told me that they 12 will force me to demo a building if I don't enter into 13 some sort of agreement with the City or the CRA. 14 I'd love to be able to put it on record 15 tonight, which is why I have a court reporter. 16 Tonight's transcript will be sent to the State 17 Attorney's Office. I have to say, I'm incredibly 18 disappointment with the way the City has handled this 19 and not willing to send the City Administrator, Vivian 20 Brooks, or any of the other witnesses that I requested 21 to be here. 22 So putting that aside for a moment, my 23 incredible disappointment with the way this has been 24 handled by the City, which I think is for sure, 25 unethical, and most likely illegal, let's deal with New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 the problem that you all are authorized to deal with 2 I am here to try to fix the problem. We were wide 3 open to the idea of demo'ing this building, but we 4 were not wide open to putting sod and irrigation and 51 public artwork there, because that was the whim of 6 your CRA director. And we're certainly not open to 7 trading this land for land worth a third of its value 8 because that was the whim of your CRA director. 9 So what I am requesting at the end of this, 10 which is what the Chairman asked, is I would like to 11 reopen the permit that we've already paid for that 12 we've had three inspections and three passes on those 13 inspections. We had work completed that would have 14 constituted another inspection, and -- but not for me, 15 my fault, not calling for the inspection when our 16 contractor asked us to, we would still have an open, 17 live, active permit now and we would be continuing our 18 construction. 19 That last bullet point that you're 20; questioning is I'm still in a holding pattern even as 21 of today. I had a telephone conversation with Warren 22 Adams, your preservation planner, and he filled me in 23 as to where you are. He said that he would make a -- 24 I don't want to put words in his mouth; you can bring 25 him up -- that he would make a recommendation that New Wave Depo LLC www.newwavedepo.com - January 19, 2012 24 1 this would be historically designated, because in the 2 world if designation, you don't designate anything on 3 the interior anyway under these local designation 4 programs. It's only exterior facades, and it doesn't 5 include the rear facade, which is the only one of the 6 four missing. 7 So this would qualify. He would recommend 8 it. And we would qualify for the program that would 9 allow us enough cost savings to continue with the 10 restoration. So we continue to wait on the City to 11 catch up to us with the program we'd like to utilize. 12 So, folks, this is where are, stuck, 13 looking for your guidance and assistance, and 14 hopefully understanding the situation we're in. We're 15 not bad citizens. We don't purposefully leave 16 abandoned buildings that are attractive nuisances or 17 hazards. We are trying to do the right thing and be 18 good stewards of the community. We're stuck in a 19 rotten position and I think some awfully rotten 20 behavior by some of your city officials. Thank you. 21 THE CHAIRMAN: (Indiscernible: 0:30:29) -- 22 MR. CHEROF: Turn it right towards you. 23 THE CHAIRMAN: Here? 24 MR. CHEROF: There you go. See the light 25 just came on as you get closer. New Wave Depo LLC www.newwavedepo.com January 19, 2012 5 1 THE CHAIRMAN: Oh, I can see the light. 2 Thank you. You mentioned twice that you're willing to 3 tear the building down? 4 MR. OYER: We were willing to entertain the 5 idea. But I hadn't consulted with my sisters. 6 THE CHAIRMAN: Okay. I don't understand 7 why you don't want to tear the building down. I'm not 8 saying give it to anybody, trade it to anybody. If 9 you tear it down, sod it and maintain the property, 10 that's all. It's your property to do with as you 11 please. What's the purpose of trying to save the 12 exterior stucco other than the historic designation? 13 MR. OYER: I guess it's -- 14 THE CHAIRMAN: Which is not part of what 15 we're here for. 16 MR. OYER: I think it's an intangible that 17 maybe is beyond the scope of what you all do. Its 18 important to our family. My grandfather built it with 19 his own two hands. It's where my father's first 20 office was. It's where I, you know -- I must have 21 painted that thing a dozen times in childhood to earn 22 my allowance. And to knock down one more historic 23 building, I'm not sure it's healthy for the community. 24 If you look on the opposite of the 500 25 block where there's a giant hole in the ground with a New Wave Depo LLC www.newwavedepo.com - January 19, 2012 26 1 fence around it, that was another one of the ingenious 2 ideas of the CRA a decade ago, is let's continue to 3 bulldoze and acquire land for which they have no 4 strategic knowledge or ability to turn that into 5 something. And to do that one more time because the 6 CRA director thinks it would look neat to have sod and 7 a statue, that doesn't make it the right thing to do. 8 So we would entertain it. But it was not 9 our desire. 10 THE CHAIRMAN: You don't have to sell the 11 building or trade the building or do anything with the 12 property. You mentioned several times that you would 13 entertain the idea of knocking it down. They wanted 14 you to sod it and do whatever. But you don't have to 15 do that. You could knock it down, because you said 16 you're willing to do that, twice. 17 MR. OYER: I said I was willing to 18 entertain it and take it back to my sisters. I even 19 went so far as Vivian Brooks offered to send to me a 20 quote from a demo company that apparently was going to 21 demo the building next door. She sent the quote. I 22 even called her back and said looks like a reasonable 23 price, can we talk about it further. And I never 24 heard back from her. The next time I heard back from 25 her it was give us the land in return for the other New Wave Depo LLC www.newwavedepo.com . January 19, 2012 1'I land. So that conversation never concluded and it was 2 thrown off course. 3 And this may be a bit of ego or pride here, 4 but I'm not about to deal with someone who threatens 5 me. So if they want to come back to the table and 6 deal honestly and in good faith, we would be delighted 7 to consider it. But until then, we will not. 8; THE CHAIRMAN: But that individual's not 9 here, so. 10 MR. OYER: I requested that individual to 11 be here in writing over a week ago. Apparently your 12 City Attorney advised that that was not required. So 13 I'm in no position to prove that to you. Perhaps the 14 authorities will. 15 THE CHAIRMAN: Mr. Mack? 16 MR. MACK: Just a couple of things I wanted 17 to kind of clarify. The -- back in September, I had 18 received an e-mail, like I said, from the City 19 Manager, to give an update of the status of the 20 permits. Then that's when I instructed Mr. Large to 21 call and ask Mr. Oyer what his intentions were with 22, the property, because I wasn't going to go through 23 this whole scenario of ordering it to be deemed unsafe 24 and torn down if his intention was to have it 25 demolished. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 28 1 Previous conversations, back when we did 2 meet with him and we met with him in January 11,2011, 3 and July 28, 2011, he did come in and we met with him. 4 And at that time, he expressed to us that his desire 5 was to complete the project or demolish it. They were 6 doing feasibility studies on whether or not that was a 7 feasible option to complete it or it was just better 8 to bulldoze it and start over again. 9 So back in September is when I asked Mr. 10 Large to contact Mr. Oyer. And he did. And Mr. Large 11 reported back to me. And he told me that -- in an 12 e-mail that he is currently marketing the property for 13 sale and will continue to look for a buyer. He is 14 currently marketing the property for a tenant, and 15 will recommence with the renovations upon signing of a 16 lease with a tenant. He would consider demolition of 17 the remaining structure if the City was willing to pay 18 for the cost. Those were his exact words in an e-mail 19 to me. 20 I then forwarded those to the City Manager, 21 to give them an update and told them that I would 22 monitor it, and when the permits expire, I would take 23 the necessary steps to commence with the evaluation. 24 And if it was deemed unsafe, that we would order it to 25 be demolished. New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 Just a couple of other observations. 1 2 mean, you don't have to have an approved inspection to 3 get an extension. We can -- you can request an 4 extension prior to the expiration at any time prior to 5 the 26th of April 2011. 6 THE CHAIRMAN: If you request the extension 7 in writing prior to the expiration, the building 8 official will probably grant it, That was one of my 9 next questions, why didn't you or your contractor do 10 that? 11 MR. OYER: And -- 12 THE CHAIRMAN: Because you've restored 13 buildings before. Your contractor's got a lot of 14 experience. 15 MR. MACK: So that was one option and one 16 observations that, I mean, we do that all the time. 17 And we can extend it up to ninety days. And we can 18 give as many as we need. Obviously we don't like to 19 keep extending permits for just things to be standing 20 up and being half under construction. 21 The other option was, I mean, obviously, if this was a 22 critical state that we know that this building is 23 being considered, that it's -- it needs to be maybe, 24 possibly demolished, then, you know, as an owner, I 25 would be looking to make sure that, you know, I keep New Wave Depo LLC www.newwavedepo.com - January 19, 2012 30 1 my permits active. 2 A courtesy, Mr. Bowser's in our office 3 weekly. I mean, he does a lot of work down at the 4 other Oyer buildings. He's doing some restoration of 5 Hurricane Alley., I've seen him in and out of our 6 office several times. And I don't know the exact date 7 that Mr. Bowser came in. He did come in and request 8 an extension after the permit had expired. 9 My recollection is that it was after I sent 10 my letter on November 15th that he came in and asked 11 for an extension, and I told him at that point, no, we 12 wouldn't be extending the permit, and that basically 13 he has his option to go to the board. So that's 14 pretty much where I stand. 15 THE CHAIRMAN: Does the board have 16 anything? 17 MR. RURERY: Yes. Is there a -- do you 18 have some sort of time line, if the permit was 19 extended, where work would be done out there or the 20 building would be made safe? Because as I look at it 21 right now, as a contractor, if a storm comes through, 22 in my opinion, the thing has got more of a chance than 23 not of coming down in the wind. And so I recognize 24 that problem. And if something isn't done to that 25 building, either to stabilize the existing walls more New Wave Depo LLC www.newwavedepo.com January 19, 2012 , 1 than what they are, and your engineer kind of states 2 that it's not currently a problem and that it's safe 3 for construction to move forward. But I don't think 4 any engineer would look at it and say that it's safe 5 to withstand a storm season. 6 So you know, I think something would have 7 to be done to the facil -- to the building, you know, 8 either taking that down or commencing construction to 9 stabilize what's there. 10' MR. OYER: 1 think your question was do we 11 have a timeline? And that timeline, in part, 12 unfortunately, has been dictated by the City's 13 program. So we've been waiting for that, because it 14 is such a material financial difference. 15 And we were ready to do. I was ready to 16 apply for it in January. If --- Mr. Mack was in the 17 meeting -- he will recall. So effectively, we've been 18 waiting on that while simultaneously trying to find a 19 tenant or a buyer. 20 I will say that we've been lucky. This has 21' been in this state for a couple of hurricane seasons. 221 I had our contractor shore it up again. I think it's 23 about as stable as you can make it. But if we were 24 hit by a big one, you know, it would come down. 25 We would love to be in a financial New Wave Depo LLC www.newwavedepo.com - January 19, 2012 32 1 position, if the City could provide us the tax 2 abatement, to complete the project. And we don't even 3 have to complete the project. I think we put a back 4 wall on it and a roof, and this problem goes away. 5 And the interior build -out can wait until we have a 6 tenant at a later date. So I don't think we're that 7 many months away from solving it. 8 MR. RURERY: Okay. But is this project 9 contingent, or is a make or break, depending on you 10 getting the historical status and the financial 11 supports, tax abatement? Is that make or break? 12 Would the project move forward even if you didn't have 13 a buyer, even if you didn't have the historical 14 abatement -- tax abatement in your hand? 15 MR. OYER: We need at least one of those to 16 happen, a tenant or the tax abatement, one of the CRA 17 grants, because on its own -- and I can run through 18 the math with you, but finishing this building, the 19 cost of it, you could never gain that back in the rent 20 without the tax abatement or a CRA grant; which is one 21 of the frustrating parts about this, is you hate to 22 tear down a good looking building. You saw the 23 rendering of what the elevation could look like 24 restored. It would be a very attractive building. 25 And it would really further the CRA's goals. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 1 What they want to do is put people 2 downtown. And there's no one better on Ocean Avenue 3 of doing it than our family. Go to Hurricane Alley, 4 and it's filled with people at every lunch and dinner 5 And we have all of our space occupied, and all of the 6 apartments upstairs occupied. 7 We are eager to activate this as well. We 8 just haven't had the lucky break. And we need one of 9 them to occur for it to make sense financially. 10' MR. RURERY: But you can understand where 11 that puts us because -- 12' MR. OYER: I do. 13 MR. RURERY: -- our decision will be based 14 on whether or not to extend the permit, but we cannot 15 designate the building as historical. So we then have 16 no guarantees that we won't be in the same boat, six 17 months, a year from now. 18 MR. OYER: Other than if we re- evaluate it 19 six months from now and see what kind of progress 20 we've made. And fortunately we have six months 21 between now and hurricane season. So that's not a 22 threat -- an imminent threat now. And what I would 23 ask this board, which is in the requested action, is 24 allow us to reopen the building permit; call for the 25 extension, and continue work. And if we can close the New Wave Depo LLC www.newwavedepo.com - January 19, 2012 34 1 shell of that building up, which may, in fact, be 2 affordable on its own, because we don't have to build 3 the parking lot and the landscaping and everything 4 else, give us that opportunity to close it up. 5 Because once we tear it down, she's gone forever. And 6 then we'll look back at it like we did the other side 7 of the 500 block of Ocean Avenue. And I miss those 8 buildings. They were beautiful historic buildings. 9 They would all be fully occupied if they were still 10 here today. But some knee -jerk reaction a decade ago, 11 took them all down. And as a result, we have half of 12 Ocean Avenue, the heart of our downtown, blighted and 13 empty. And that's not a plan. 14 MR. GURITZY: Who's saying that you could 15 close that structure in, put a roof on it without any 16 of these credits? 17 MR. OYER: No, sir, we can't. The way the 18 program works is, if you do not have your 19 architectural plans approved before you commence the 20 work, and those plans then have to go to the city 21 commission and be approved, and then they have to go 22 to the county commission and be approved, you're not 23 eligible for the money. So you cannot begin work and 24 retroactively go back and get the exemption. You have 25 to do all of the paperwork on the front end, before New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 you begin any of the work. Otherwise, I would have, 2 you know, started, if I knew I was going to have the 3 exemption. I did this on my house in West Palm Beach. 4 It's a terrific program. I'm not sure why it took 5' Boynton twenty years to adopt it. 6 MR. GURITZY: But this rendering doesn't 7 tell me that the existing walls are still there. That 8 building can be duplicated even it's knocked down to a 9 hole in the ground, just like you put here in the 10 artist's rendering. 11 MR. OYER: Yeah, but then it won't -- 12 MR. GURITZY: Without keeping what's there. 13 MR. OYER: That is correct. You could 14 replicate anything. But then it does not qualify for 15 the grant and it's not the original walls of the 16 building, which obviously means something to our 17 family. 18 MR. GURITZY: But as Mr. Shore stated, our 19 decision is not based on your historic designation. 20 MR. OYER: I understand. 21 MR. GURITZY: We don't sit on that board. 22' That's not what we're here for. 231 MR. OYER: I understand. But I think it 241 certainly colors the story, and is something you 25 should be aware of in making your decision. And New Wave Depo LLC www.newwavedepo.com - January 19, 2012 36 1 you're asking how we got to this point. I'm 2 explaining to you how we got to this point. And these 3 are all bona fide, honest reasons. 4 MALE SPEAKER: Mr. Mack? 5 MR. MACK: I just wanted to point out, I 6 mean, one of the reasons why I moved on this in 7 November was because it's not a quick process for me 8 to just deem a building unsafe and have it torn down 9 in thirty days. You know, there's a lot of due 10 process involved. There's court -- you know, this -- 11 obviously, this -- your decision here could go to the 12 courts. And I could be -- this could be tied up until 13 past hurricane season. 14 So my objective -- and again, when I plan 15 this -- when I'm looking back and made a timeline 16 here, I wanted to make sure that before June 1st, that 17 either this building was completed or safened up so 18 that the community wasn't at risk. So that's my 19 primary objective here, is to make sure that we 20 protect our citizens. 21 MALE SPEAKER: More questions for Mr. Oyer? 22 MALE SPEAKER: What would it take to make 23 what's existing completely safe? 24 MR. MACK: We'd either have to demolish the 25 building or finish out the drawings and close up the New Wave Depo LLC www.newwavedepo.com R January 19, 2012 1 openings. So you'd need a roof, the remaining wall in 2 the back. Basically, all the drawings that were in 3 your package to complete, they would need to complete 4 that construction. And then there's some openings 5 that don't show being completed in there. They would 6 also have to safen those openings. 7 FEMALE SPEAKER: Could you do that by June 8 2011 (sic), prior to the hurricane season? 9 MR. OYER: I'm sorry, could we complete 101 that? 11 FEMALE SPEAKER: Yes. 12 MR. OYER: Ma'am, I don't know. I'm not ---- 13 I'd have to ask our contractor if that's possible. 14 I'm assuming it is. And you know, quite frankly, I 15' looked this up before we came. We haven't had a 16 hurricane hit Florida in June in the last century. So 17 I don't want to test our luck. We might be. But I 18 think we might even have a little more leeway than 19 that. 20' FEMALE SPEAKER: Yes, I know. But I don't 21 like to go -- we always -- hurricane season is June to 221 November. And I've lived in Florida a long time. I 23 don't want to use anything other than what we know to 24 be hurricane season. 25 MR. OYER: I agree. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 3 8 1 FEMALE SPEAKER: And so -- and Mr. Mack, 2 you are concerned that this would not withstand 3 hurricane if it came, if they didn't complete it by 4 June 1st? 5 MR. MACK: Correct. With the structure 6 open to the elements, and the forces of the wind, my 7 concern is that it wouldn't make it through a storm 8 event, and it would cause windborne debris. 9 MALE SPEAKER: Clarification. In order for 10 him to construct the building, he would have to 11 finance it himself. He would have to turn in drawings 12 that were approve. And he'd have to get the 13 construction underway and renew the permit? 14 MR. MACK: Correct. There's certain -- 15 MALE SPEAKER: And he's waiting for other 16 monies, which -- 17 FEMALE SPEAKER: That's true. 18 MALE SPEAKER: -- will prevent him from 19 having it done by June the 1st? 20 MR. MACK: Correct. He would need -- 21 MALE SPEAKER: That's what I heard. 22 MALE SPEAKER: I have one question -- 23 MR. OYER: Let me clarify that, if I could. 24 We do have approved drawings that are still there, so 25 that part is done. What I said we didn't have the New Wave Depo LLC www.newwavedepo.com January 19, 2012 9 1 money to do was complete the entire build -out without 2 the -- some sort of incentive package. But we 3 probably do have the money to complete the enclosure 4 of the building, which is the part that's relevant to 5 your board. So I want that clarified in the record. 6 MALE SPEAKER: The shell of the building 7 envelope? 8 MR. OYER: Yes. 9 MALE SPEAKER: Is that correct? 10 MR. OYER: Yes. 11 MALE SPEAKER: I had one other que -- I got 12 a bit confused. Correct me if I'm wrong. We were, at 13' one point, just moments ago, talking about making safe 14 the existing three walls there by lateral bracing and 15 perhaps securing the -- 1 would be concerned about the 16 stucco, the wire lathe detaching, if it's not already 17 in certain places. But certainly -- I'm not an 18 engineer, I'm just a contractor as well. But 19 certainly, some lateral bracing could stiffen that. 20 The last thing, I would think, would want 21 to be done, would be close those holes so that wind 22' could go through. But once again, I'm not an 23 engineer. But if it's perhaps an option to complete a 24 building envelope, you know, and make that secure, 25 saving the facade, is that what we're talking about New Wave Depo LLC www.newwavedepo.com - January 19, 2012 40 1 now, in a fairly timely fashion? Is that- - 2 MALE SPEAKER: If we were to renew the 3 permit and get the construction underway, he could 4 have it closed in, in a matter -- it's just a matter 5 of time, if he has the people to do the work and he 6 has the materials. But we're not doing anything. 7 MALE SPEAKER: There's something that's 8 conflicting with me. Because I believe I asked the 9 question that if you put the shell up, that you would 10 still need some of those funds. But then I'm hearing 11 now you don't need those funds. So -- 12 MR. OYER: No. Let me try to clarify. We 13 would need the funds or the incentive program or a 14 lease that we could borrow against to complete the 15 entire build -out. That means with HVAC and plumbing 16 and light fixtures and so forth. That's not what I 17 heard Mr. Mack say we needed to do to make this safe. 18 What I heard him say is you need to close the building 19 envelope. You don't need an HVAC system; you don't 20 need plumbing fixtures; you don't floor coverings and 21 wall coverings. You need it airtight. 22 That we do have the budget for. And that 23 is what your concern is. And maybe we sit on that 24 until we get a tenant or get a tax abatement. But 25 we've lost the abatement, at least on that portion of New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 it. All we could get the abatement on is whatever we 2 do on the interior after that. So that too would not 3 allow us to take full advantage of the program. 4 MR. MACK: One of the things that Mr. -- 5 and maybe you can clarify. You said that you couldn't 6 continue with the envelope because you would lose -- 7 you couldn't qualify for historic credits with the 8 county. Is that --- 9 MR. OYER: For the work we've already done. 10 So we couldn't close that up now and then comeback to 11 Warren later, apply for the program, because we've 12 already completed that work. So we would only qualify 13 for the abatement, at that point, for the interior 14 work. 15 And Warren, correct me if I go astray here, 16 but I'm pretty familiar with these programs. 17', THE CHAIRMAN: The plans as submitted are 18 for a shell structure? 19 MR. MACK: Correct. 20 THE CHAIRMAN: So what's the problem with 21 getting it finished? 22 MR. MACK: At this point, we've been -- you 23 know -- 24 THE CHAIRMAN: The permit's expired, there 25 have been no approved inspections, and nothing's New Wave Depo LLC www.newwavedepo.com - January 19, 2012 42 1 happened? 2 MR. MACK: Correct. 3 THE CHAIRMAN: That's what's happened? 4 MR. MACK: For six months. 5 MALE SPEAKER: That's the problem. 6 FEMALE SPEAKER: And the permit -- 7 MR. MACK: For over six months now. 8 FEMALE SPEAKER: -- expired by one day? 9 MR. OYER: Well, we had done work -- I had 10 the contractor do some additional work in August. And 11 correct me if I'm wrong, Greg, but it was August. And 12 he wanted to call for an inspection, and we had half a 13 dozen projects going on at the time, and it just fell 14 to the back burner, because the others actually 15 involved tenants that needed to move in, and I take 16 full responsibility for that. 17 FEMALE SPEAKER: I have a question. 18 MR. OYER: But there's something we could 19 call for today. If this was an open permit, we could 20 call for it; it would pass; we would have another six 21 months, and we wouldn't be having this discussion. 22 FEMALE SPEAKER: And I have a question 23 maybe for the City Attorney. Since you did some 24 constru -- some work after the permit had expired -- 25 MR. OYER: Prior to the permit expiring. New Wave Depo LLC www.newwavedepo.com -, January 19, 2012 1 FEMALE SPEAKER: -- prior to it expiring. 2 MR. OYER: Two months prior. 3 FEMALE SPEAKER: But no inspection? 4 MR. OYER: But no inspection. 5 FEMALE SPEAKER: Would there be some fees 6 or some liability -- responsibility to -- because they 7 didn't pay -- they didn't properly have that 8 inspected? 9 MR. CHEROF: I can't speak to the issue of 10 liability on that, and I'm not sure that the question 11, actually is relevant to the determination of -- 12 MS. AGEE: If I'm -- 13 THE CHAIRMAN: There would be 14 administrative fees for him to either reactivate this 151 permit or renew it. 16 MR. CHEROF: Yes. 17 MS. AGEE: That's what I'm concerned about. 18 THE CHAIRMAN: That would be --- that would 19 be done by the building department. They would tell 20 him what he has to pay. 21 MS. AGEE: Yes. That's what I was 22 concerned about. In other words, you did some work 23 and you didn't have it inspected, and that was within 24 the permit period. 25 MR. OYER: Yes, ma'am. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 44 1 MS. AGEE: But there would be some 2 administrative fees. 3 THE CHAIRMAN: Well, the permit expired 4 because he didn't have an approved inspection -- 5 MS. AGEE: Right. 6 THE CHAIRMAN: -- over the period of 7 180days. 8 MS. AGEE: Yes. 9 THE CHAIRMAN: All he needs is an approved 10 inspection for another 180 days. 11 MR. OYER: Or -- 12 THE CHAIRMAN: If he can get one. 13 MR. OYER: Or at that time could have paid 14 for an extension. 15 THE CHAIRMAN: Or he could have requested 16 an extension, which he didn't do. The administrative 17 fees are determined by the building department -- 18 MR. OYER: Right. 19 THE CHAIRMAN: -- if he wants to renew this 20 permit, if it's possible. 21 MS. AGEE: But my concern is that he didn't 22 have it inspected after the -- within the time period 23 -- within the permit period. 24 THE CHAIRMAN: He can continue to work as 25 long as his permit is active. His permit's active New Wave Depo LLC www.newwavedepo.com - January 19, 2012 1 until the building official said it's expired; its 2 unsafe. He doesn't have to have an inspection every 3 time he does work. 4 MR. MACK: The first extension fee request 5 is fifty dollars. 6 THE CHAIRMAN: Does anyone else on the 7 board have any questions? Mr. Oyer, does anybody else 8 want to say anything? 9 MR. SHORES: I just want to be clear, okay? 10 The permit is for the shell only, again. That is what 11 I heard. 12 MR. OYER: Correct. 13 MALE SPEAKER: Is that -- 14 MALE SPEAKER: Okay. 15 MR. SHORE: Okay. And, so, the completion 16 of the enclosed envelope, the shell itself, can be 17 done without -- whether or not it's approved as a 18 historical building that can be completed. We can 19 count on that, because it would be impossible for us 20, to vote, at least for me, to vote otherwise if we're 21 not going to have a guarantee that the building is 22 going to be enclosed, that you're not going to have 23 the funds. 24 THE CHAIRMAN: Is your contractor here? 25 MR. OYER: Yes, sir. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 46 1 THE CHAIRMAN: Could you give me a timeline 2 on how long it would take to make that building an 3 envelope complete, walls, roof, et cetera? 4 MALE SPEAKER: Sir, you're going to need to 5 come to the microphone. Any response you make needs 6 to be on the record, and as you come up please 7 identify yourself. 8 MR. BOWSER: Hello, everybody. I'm Gregory 9 Bowser, Gregory Bowser Construction Services, living 10 right here in Boynton Beach. 11 THE CHAIRMAN: How long will it take you to 12 close that building up and make it safe, with a roof, 13 walls, et cetera? Give me a drop dead date. Give me 14 a "estimate ". 15 MR. BOWSER: I'd take the whole six months. 16 Or -- 17 THE CHAIRMAN: Okay. 18 MR. BOWSER: -- now -- 19 THE CHAIRMAN: That's not -- 20 MR. BOWSER: Now -- 21 THE CHAIRMAN: That's not going to -- 22 MR. BOWSER: We're -- 23 MS. AGEE: That's -- that's -- 24 MR. BOWSER: By -- 25 THE CHAIRMAN: That's not going to happen. New Wave Depo LLC www.newwavedepo.com January 19. 2012 1 MS. AGEE: And then six months won't be 2 within the June lst deadline, 3 THE CHAIRMAN: That's not going to happen. 4' MR. BOWSER: Well, okay, so let me back it 5 off to five. I have one other suggestion, though. 6 Why would we have to go ahead and complete the shell 7 if we can get an engineer to come in and look for 8 additional shoring on what exists and then do -r 9 THE CHAIRMAN: I can answer that, because 10 I'm also a contractor. I'm also building inspector, 11 and I can give you the answer off the record. Not on 12 the record. 13 MS. AGEE: Now, I'm concerned, because the 14 whole thing that we've been talking about and trying 15, to help is to have it -- the shell, the envelope -- 16 completed by June lst -- 17 THE CHAIRMAN: Before. 18 MS. AGEE: Or before June 1st, because that 19 is the time period that you're concerned about, 20 hurricane season. And, again, having been a Florida 21 resident, I don't care what you talk about as to what 22 date the hurricanes mostly come in September or 23 October, hurricane season is June 1st. 24 THE CHAIRMAN: The reason we're going 25 through this motion is before I ask for a vote on this New Wave Depo LLC www.newwavedepo.com - January 19, 2012 48 1 appeal, you haven't convinced me, and I don't think 2 you've convinced enough people on this board, to 3 overturn the building official's ruling. Do you have 4 anything else? Can you give me a drop -dead date of 5 sixty days? 6 MR. BOWSER: I could give you 120. 7 MS. AGEE: That'd be before -- that -- 8 MALE SPEAKER: No. No. 9 MR. BOWSER: That's four months. 10 THE CHAIRMAN: Okay. I want to ask for a 11 motion. 12 MS. AGEE: Wait a minute. Wait a minute. 13 THE CHAIRMAN: I want to ask for a motion 14 on the appeals. Anybody want to make a motion? 15 MR. CHEROF: Chair, let me just confirm on 16 the record. Mr. Oyer, is there any other testimony 17 you want to provide or is there any additional 18 questions you have for Mr. Mack? 19 MR. OYER: Well, I'm not sure I understand 20 the chairman. If we were to complete this before the 21 1st of June how does that not accomplish your 22 objective? 23 THE CHAIRMAN: If we overturn the ruling of 24 the building official I want a guarantee, and I'm sure 25 the rest of the board members do also, want a New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 guarantee that it's going to be done. Otherwise _.. 2 MR. OYER: I think that's why -- 3 THE CHAIRMAN: -- otherwise -- otherwise the 4 motion will include demolition. If it's not done by 5 this date we're going to tear it down. If that's the 6 motion. If someone makes that motion. 7 MR. OYER: Well, I'm sorry. I thought your 8 colleague did suggest that date and you said no, that 9 would not work. Mr. Bowser said he could have it done 10 by the 1st of June and you said that wouldn't work. 11 I'm missing something. 12 THE CHAIRMAN: I'm not going to take it to 13! the very last day. No. 1 -- 14 MS. AGEE: What would 120 days -- looking 15 at the math, what would 120 days, which Mr. Bowser 16 said you could have it done in 120 days, okay, where 17 would that put us? 18 MALE SPEAKER: May. 19 MALE SPEAKER: May. 20 MS. AGEE: May. 21 MALE SPEAKER: May 19th. 22 MS. AGEE: May 1st. 23' MALE SPEAKER: May 19th. 24 THE CHAIRMAN: Okay. Once again I'm going 25; to call for anything else, Mr. Oyer? New Wave Depo LLC www.newwavedepo.com - January 19, 2012 50 1 MR. OYER: No, but I'd like to reiterate 2 for the record that I did not have an opportunity to 3 examine the witnesses that I think had relevant 4 information related to this proceeding, so I reserve 5 the right to appeal that. 6 THE CHAIRMAN: I'd like to call on the 7 board if someone wants to make a motion. Don't be 8 shy. 9 MR. CHEROF: Chair, let me remind you there 10 are two matters before you. One is the issue 11 regarding the extension of the permit and the other is 12 the building official's determination that it was an 13 unsafe structure and suitable for demolition -- 14 THE CHAIRMAN: If we -- 15 MR. CHEROF: -- if you can get a motion. 16 THE CHAIRMAN: If we determine it's unsafe 17 the second portion is moot, is it not? 18 MR. OYER: Depending on how you structure 19 your motion I'll see how that comes out. 20 THE CHAIRMAN: Okay. Mr. Mack, are you in 21 agreement that they can finish this structure within a 22 reasonable amount of time and make it safe? Yes or 23 no? Be prior to hurricane season. 24 MR. MACK: Up to the -- 25 THE CHAIRMAN: Have the trusses been New Wave Depo LLC www.newwavedepo.com January 19, 2012 11 ordered? Are they, you know _- 2' MR. MACK: I mean, up to this -- 3 THE CHAIRMAN: Do you have any -- 4 MR. MACK: Up to this point we've seen no 5 progress. 6 THE CHAIRMAN: Thank you. 7 MR. MACK: And at this point -- 8 THE CHAIRMAN: Thank you. 9 MR. MACK: -- I mean there's no guarantee 10 that financing or any -- 11 THE CHAIRMAN: Right. 12 MR. MACK: We just -- I don't know. 13 There's too many variables -- 14 THE CHAIRMAN: Right. 15 MR. MACK: -- for me to trans. 16 THE CHAIRMAN: Once, again, somebody want 17 to make a motion? 18 MR. BOWSER: I'm sorry, sir. You asked if 19 something had been ordered? 20 THE CHAIRMAN: Yes. Have the trusses been 21 ordered? 22 MR. BOWSER: They're sitting on the site, 23 aren't they? 24 THE CHAIRMAN: No. No, they're not. I was 25 there. New Wave Depo LLC www.newwavedepo.com - January 19, 2012 52 1 MALE SPEAKER: I believe -- 2 MR. BOWSER: They're sitting on the site. 3 THE CHAIRMAN: Okay. 4 MR. BOWSER: Well, hold on. There's a 5 dispute -- 6 MALE SPEAKER: Mr. Chairman? 7 MR. BOWSER: -- on a material fact here. 8 MALE SPEAKER: Mr. Chairman, in all 9 fairness, the -- 10 THE CHAIRMAN: Yes. 11 MALE SPEAKER: -- contractor -- 12 THE CHAIRMAN: Yes. 13 MALE SPEAKER: -- responded to your question 14 but did not -- 15 THE CHAIRMAN: Yes. 16 MALE SPEAKER: -- come to the microphone. 17 Sir, come up and respond to the question regarding the 18 trusses. 19 MR. BOWSER: The trusses are not on site. 20 The beams that support the trusses are on site. 21 THE CHAIRMAN: Okay. Where are the 22 trusses? 23 MR. BOWSER: The next stage was to order 24 the steel post that holds up the beams, and the 25 trusses were just getting ready to be ordered when we New Wave Depo LLC www.newwavedepo.com January 19, 2012 ,3 1 had to stop. 2 THE CHAIRMAN: Okay. 3 MALE SPEAKER: So if the permit was --- 4 MALE SPEAKER: What is the time --- what is 5 the timeline to getting the trusses? 6 MR. BOWSER: My last set of trusses, it 7 took them one week. Now, this is a little bit larger 8 project, but it's probably we're talking two weeks 9 right now to get trusses in. 10 MR. RURERY: I might not be clear, but is 11 your intent if your -- if the permit was active would 12 your intent be to commence work immediately and start 13 the process of closing this up or is this process 14 going to, kind of, linger and take 120 days or longer 15 before you actually really start work on it? 16 MR. OYER: It would be to commence it 171 immediately. Had I fully understood the severity of 18 the issue, which I did not, we would have been working 19 on this all along. 20 MR. RURERY: But you guys would move 21! forward with the project and say hey, let's get this 221 thing -- 23 MR. OYER: Sure. No, you know, I -- 24 MR. RURERY: -- you know, closed up. 25 MR. OYER: -- can cite a lot of examples New Wave Depo LLC www.newwavedepo.com - January 19, 2012 54 1 where we -- 2 MR. RURERY: Okay. 3 MR. OYER: -- move projects along. This 4 was -- 5 MR. RURERY: I think it's entirely possible 6 for you to get the roof closed up and -- 7 MR. OYER: Of course it is. 8 MALE SPEAKER: I do too. 9 MALE SPEAKER: You know the whole 10 building -- 11 MR. RURERY: If the walls were up and the 12 roof was up and you were drying it in and it was June 13 1st but there was a significant amount of work, you 14 know, to me that's great progress. Construction is 15 taking place all the time through hurricane season. 16 But if come June 1st you're just putting in your first 17 footings or just playing around with inspections then 18 I don't think we're really making progress on the 19 building. I think it's just something that's being, 20 you know, put off until a further date. 21 MS. AGEE: If we put into the motion that 22 this had to be done, this envelope had to be done by 23 May 19th, which is what your contractor said, and the 24 alternative would be demolition if it wasn't done, 25 could you accept that? New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 MR. OYER: Well, I'd like to accept that 2 I think my concern is we could more money into this 3 and for whatever reason, act of God, I fall over from 4 a heart attack like Dad did, its not done. Then 5 we've wasted a lot more money. So I hate to be far 6 along, as this gentleman suggested, making a good 7 faith effort, and for whatever reason it's not 8 completely dried in and then you all say now you need 9 to tear it all down. Instead of wasting 60,000 l0l dollars we've now wasted 120,000 dollars. 11 THE CHAIRMAN: I couldn't go for a date 12 that late, Beverly, because the due process is going 13 to take ninety days and that's going to put you into 14 August or September. So it's not going to happen. 15 MR. MACK: The other issue is if you extend 16 it you then have six months from the date that - -- 17 THE CHAIRMAN: Right. 18 MR. MACK: -- you reinstate the permit- - 19 THE CHAIRMAN: Well -- 20 MR. MACK: -- that we couldn't do anything 21 until it's done. 22 THE CHAIRMAN: I think this board can 231 extend or we recommend an extension with a time frame. 24 MS. AGEE: I see what you're saying. 25 THE CHAIRMAN: Yes or no? New Wave Depo LLC www.newwavedepo.com - January 19, 2012 56 1 MR. CHEROF: I don't agree, Chair. I think 2 that the issue before the board is whether to extend 3 the permit. If the board extends the permit the 4 applicant enjoys all of the benefits of the permit 5 that traditionally exist under the code. 6 THE CHAIRMAN: Oh, we can't -- 7 MR. CHEROF: Right. 8 THE CHAIRMAN: We can't ask the building 9 official to put a time frame on the extension for, 10 perhaps, sixty days? 11 MR. CHEROF: No, sir. 12 THE CHAIRMAN: Okay. I'm still waiting for 13 a motion. 14 MR. BOGGS: I would make a motion to extend 15 the building permit. I don't know if anyone else -- 16 THE CHAIRMAN: We've got a motion to 17 extend. Any second? 18 MS. AGEE: I second the motion. But do we 19 have a date on that motion? 20 MR. CHEROF: We can't. 21 MS. AGEE: And that's what you' resaying. 22 MR. CHEROF: City councils have -- 23 THE CHAIRMAN: We have a motion and a 24 second. 25 MALE SPEAKER: Six months. New Wave Depo LLC www.newwavedepo.com January 19, 2012 1 THE CHAIRMAN: We have a motion to extend 2 the permit and a second. Can you call the roll? 3 KATHERINE: (Indiscernible; 1:01:01). 4 MS. AGEE: Yes. In favor of the motion. 5 KATHERINE: (Indiscernible). 6 MALE SPEAKER: Yes, in favor. 7 KATHERINE: (Indiscernible). 8' MALE SPEAKER: Yes, 9 KATHERINE: (Indiscernible). 10 MALE SPEAKER: Yes. 11 KATHERINE: (Indiscernible). 12 THE CHAIRMAN: No 13 MR. OYER: Thank you, folks. I appreciate 14 it. 151 THE CHAIRMAN: That's it. 16 MALE SPEAKER: What about the unsafe -- is 17 it still -- 18 THE CHAIRMAN: Well -- 19 MALE SPEAKER: Deemed unsafe or -- I mean, 20 all you did is extend the permit at this point. 21 THE CHAIRMAN: Mr. City Attorney, does the 22 unsafe question still appear? 23 MR. CHEROF: It's still a matter of appeal. 24 Don't you agree, Mr. Oyer? Do you still have -- 25 MR. OYER: The unsafe condition? New Wave Depo LLC www.newwavedepo.com - January 19, 2012 58 1 MR. CHEROF: Yes, sir. 2 MR. OYER: I don't know. That's a good 3 question. If we have an extension and we have an 4 opportunity to go make it safe how do we make a ruling 5 on the safeness at this point? 6 MR. CHEROF: Well, you have appealed the 7 determination that it's unsafe. That's a standalone 8 issue as well. The board could also determine that it 9 is a safe structure. Do you -- 10 MR. OYER: Then -- 11 MR. CHEROF: I would assume, based upon the 12 board's action, that you want a determination at this 13 point. 14 THE CHAIRMAN: Okay. You want a separate 15 motion? I need a separate motion on the -- 16 MR. OYER: Yes, sir. 17 THE CHAIRMAN: -- on the finding of unsafe 18 by the building officials. Someone want to make a 19 motion? 20 MS. AGEE: I don't think we've heard enough 21 information on that issue. On what basis does the 22 building department determine that it's unsafe and -- 23 THE CHAIRMAN: In the packet that he 24 provided us he showed pictures and explained why 25 it's -- New Wave Depo LLC www.newwavedepo.com January 19, 2012 q 1 MS. AGEE: No. 2 THE CHAIRMAN: -- unsafe per the building 3 code. 4 MS. AGEE: No, I saw that. Now, why does 5 Mr. Oyer think that it is safe? 6 MR. OYER: I'm relying on the engineer's 7 letter that I've presented into evidence, and, again, 8 I'm not an engineer so it's difficult for me to 9 directly address this, but the way it's been explained 10 to me is if this was a building in its completed form 11 it would be unsafe, but because it is a construction 12 process in progress and we have an approved plan for 13 closing it in, and we, you know, have a contractor and 14 an architect and an engineer that are working towards 15 that, and you've now graciously extended that, I don't 16' think it's an unsafe structure. It's in progress 171 construction. 18 MS. AGEE: The person who wrote that letter 19 indicating that it was safe is not here to testify. 20 MR. OYER: No, ma'am, he's not. 21 MR. RURERY: I think if you read the letter 22 it, kind of, indicates that it's safe as far as the 23 construction process. However, if it's in its current 24 condition and it's sitting out there in the middle of 25 hurricane season, he doesn't really say that it's New Wave Depo LLC www.newwavedepo.com - January 19, 2012 60 1 shored properly and that it's safe under those 2 conditions. So if it looks like it does now come June 3 1st I think there needs to be an engineer who's 4 looking at this thing saying this is what's necessary 5 to make it safe, because, you know, as I look at it 6 the thing is coming down in a storm. 7 MR. SANFORD: Can we set a time for that 8 building to be put in a safe condition? 9 FEMALE SPEAKER: That would be -- 10 MR. OYER: Define safe. I don't think we 11 can define safe, but -- 12 THE CHAIRMAN: The building official- - 13 MR. OYER: -- is that the issue -- 14 THE CHAIRMAN: -- already did. 15 MALE SPEAKER: Yes. 16 THE CHAIRMAN: He gave him twenty days. 17 MALE SPEAKER: The building official did 18 say -- 19 MR. CHEROF: Mr. Chair, let me make a 20 recommendation. If you -- 21 MALE SPEAKER: I think you'd have to -- 22 MR. CHEROF: -- want to dispose of it in 23 this manner Mr. Oyer could weigh in whether he objects 24 to it or not, and that would be that the board table 25 the portion of the appeal that deals with the building New Wave Depo LLC www.newwavedepo.com - January 19, 2012 1' officials finding that it's an unsafe structure. 2 THE CHAIRMAN: That's a consideration. I'd 3 also like to open up the previous motion, if I can, 4 with a date certain that he's going to renew the 5 permit. Can we do that? 6 MR. CHEROF: Right now I think the request 7 was to extend it to August 12, 2012. I think that's 8 what the current request was that was just approved. 9 THE CHAIRMAN: Okay. And there are fees 10 involved in that which he must pay before -- 11 MALE SPEAKER: Right. So right now his 12 permit is good till August 12, 2012, and at that point 13 he has six months from then? 14' THE CHAIRMAN: Have -- 15 MR. SANFORD: Why can't we -- if nothing 16 takes place for the next ninety days or sixty days, 17 and the structure is exactly the way it is now, can't 18 we, in that sixty days, this is unsafe. You've got to 19 take it down. 20 MR. CHEROF: You have that determined 21 already. There is an appeal pending as to that 22 determination. What you can do to accomplish your end 23 is to table it to a date certain and revisit it at 24 that particular point. 25 MR. BOPGESS: I make a motion to table it New Wave Depo LLC www.newwavedepo.com - January 19, 2012 62 1 for -- table the issue at hand for sixty days. 2 MR. SHORES: I second that. 3 MALE SPEAKER: Well, I would like to hear 4 what the -- 5 THE CHAIRMAN: Okay. And we have -- I have 6 a motion and a second. Now we can have some 7 discussion. 8 MALE SPEAKER: Okay. 9 MR. MACK: I mean, at this point he can 10 start construction immediately. His -- at that point 11 he's -- as soon as gets an inspection. The last 12 inspection he has, the permit is good for six months. 13 I can't order a building to be demolished if it's 14 under construction. So -- 15 THE CHAIRMAN: If it has a valid permit. 16 MR. MACK: Correct. 17 THE CHAIRMAN: So we just killed the other 18 one. Is that correct, Mr. Cherof? 19 MR. MACK: In a -- 20 MR. CHEROF: No, you've -- I believe the 21 motion was to extend the permit. 22 THE CHAIRMAN: Right. So now he has a 23 valid active permit. So the building -- 24 MR. CHEROF: But he needs an inspection. 25 THE CHAIRMAN: -- just stated that he can't New Wave Depo LLC www.newwavedepo.com January 19, 2012 w , 1 declare a building unsafe if it has a valid permit. 2 MR. CHEROF: Coupled with an inspection, I 3 think, is what his testimony was. So by tabling the 4 matter you will be affording Mr. Oyer time to act on 5 his permit, get his contractor in and call for an 6 inspection to determine if they could secure the 7 unsafe structure. 8 MR. OYER: I have a question for the city 9 attorney. If you table it for sixty days, and I think 10 everyone agreed we can't have the envelope closed in 11 sixty days, and we act in reliance. We go spend 12 money. Mr. Bowser begins to enclose it. We come back 13 sixty days from now. It's not entirely enclosed, 14 which it won't be no matter what the good faith 15 efforts are. This board, apparently, could then deem 16' it unsafe and say take it down, Mr. Oyer, after we 17 just expended more money on it. So that -- 18 MR. CHEROF: I can't speculate as to what 19' would happen if you proceed based upon the action of 20 the board. I suppose time will tell on that. But -- 21 MR. OYER: Well, I -- 22 MR. CHEROF: But certainly when it returns, 23 having been tabled, the board could resume the hearing 24 with respect to the determination of unsafe structure 25 and you could offer new evidence at that particular New Wave Depo LLC www.newwavedepo.com - January 19, 2012 64 1 point regarding the condition of the property. 2 MR. OYER: Well, I think that's a dangerous 3 position to be in, that you're ordering us to come 4 back in sixty days and have it, quote, "safe ", 5 whatever safe is. I've heard his idea of safe. I 6 have a PE that, you know, disagrees with him. So what 7 happens when we expend more money and we come back in 8 sixty days and your board chair says aha. I got you. 9 You're not entirely dried in. Tear the whole thing 10 down. 11 MS. AGEE: Why do we have to make it sixty? 12 MR. MACK: I'm not saying dried in. 13 MS. AGEE: Why do we have to table it for 14 sixty days. 15 MR. OYER: I didn't make that up. I heard 16 that from the board. 17 MALE SPEAKER: I just -- arbitrary. 18 THE CHAIRMAN: There was a motion and a 19 second that we still haven't finished discussing. 20 MS. AGEE: Okay. So we're discussing it. 21 Can we table it in a sufficient amount of time so that 22 it's -- that you would believe that you'd have -- you 23 might not have the envelope but that you'd have it to 24 the point where both the building department and your 25 people would say that it was safe. New Wave Depo LLC www.newwavedepo.com January 19. 2012 4 : 1 MR. OYER: Yes, ma'am. I'd like to go back 2 to the way we were, which was had I called for an 3 inspection a day earlier like I was supposed to we 4 would still have a valid building permit and a valid 5 construction project, and that's all I'm asking to go 6' back to. Had I been aware of a dangerous situation or 711 anything other than the CRA's desire to tear it down, 8 I didn't know it was based on anything other than they 9 want it torn down. Had we had this discussion I would 10 have called for an inspection and we would have been 11 doing more work out there. So all I'm asking is to go 12 back to the same position we were in when we should 13 have called an inspection, not a whole new set of 141 rules. Give us an opportunity to finish it. 15 THE CHAIRMAN: Based upon the action we 16 just took to extend his permit to August the 1st why 17 don't we extend the unsafe till August the 1st also? 18 MR. BOPGESS: Make a motion to do so. 19 THE CHAIRMAN: There -- 20 MS. AGEE: Second the motion. 211 THE CHAIRMAN: Okay. Now the motion is 221, second to extend the unsafe or to table the unsafe 23 until August the 1st when this permit will expire 241 again. Any further discussion? 25 MR. OYER: I'm sorry. Is it August 1st or New Wave Depo LLC www.newwavedepo.com - January 19, 2012 66 1 August 9th? 2 MALE SPEAKER: August 12th. 3 MR. OYER: August 12. 4 THE CHAIRMAN: I don't know. I got August 5 1, 2012 as the -- 6 MALE SPEAKER: Whatever was in the packet. 7 MALE SPEAKER: Let's confirm that. 8 MR. OYER: I just want to be clear what it 9 is. I didn't know if it was six months from today or 10 six months from some other date. 11 MALE SPEAKER: Here's the request. August 12 1, 2012. August 1st. 13 MALE SPEAKER: August 1st. 14 MR. OYER: Okay. So it's six months 15 from -- 16 MR. CHEROF: You had a date certain time 17 that you had requested to extend it to. 18 MR. OYER: Okay. 19 MR. CHEROF: August 1, 2012. 20 MR. OYER: Okay. 21 THE CHAIRMAN: Katherine, would call the 22 roll on the motion to table the unsafe at which time 23 his permit will also expire if there's no significant 24 progress and we'll be back? 25 KATHERINE: (Indiscernible; 1:10:13). New Wave Depo LLC www.newwavedepo.com •• January 19, 2012 1 MALE SPEAKER: Yes 2 KATHERINE: (Indiscernible). 3 MALE SPEAKER: Yes. 4 KATHERINE: (Indiscernible). 5 MALE SPEAKER: Yes. 6 KATHERINE: (Indiscernible). 7 MS. AGEE: Yes. 8 KATHERINE: (Indiscernible) . 9 THE CHAIRMAN: No. Okay. You got what you 10 asked for. 11 MR. OYER: Thank you, folks. I appreciate 12 it. 13 THE CHAIRMAN: Thank you. Mr. Cherof, do I 14 have to close this meeting prior to the film we're 15 going to enjoy? 16 MR. CHEROF: Didn't know you were going to 17 watch a film. 18 THE CHAIRMAN: Aren't you going to stay? 19 MR. CHEROF: Have I seen it before? 20 THE CHAIRMAN: If there's any -- I think 21, we've all -- 221 MALE SPEAKER: I think -- 23 THE CHAIRMAN: Are there any announcements? 24 Anybody want to say anything else? 25 MR. SANFORD: I make a motion we adjourn New Wave Depo LLC www.newwavedepo.com - January 19, 2012 68 1 the meeting. 2 THE CHAIRMAN: Motion to adjourn. Second? 3 MR. SHORES: Second. 4 THE CHAIRMAN: All in favor? 5 IN UNISON: Aye. 6 THE CHAIRMAN: Aye. The meeting is closed. 7 (Proceedings concluded) 8 9 CERTIFICATION 10 I, Penina Wolicki, the court approved 11 transcriber, do hereby certify the foregoing is a true 12 and correct transcript from the official electronic 13 sound recording of the proceedings in the 14 above - entitled matter. 15 16 17 18 19 February 3, 2012. 20 21 PENINA WOLICKI DATE 22 AAERT Certified Electronic Transcriber CET * *D -569 23 24 25 New Wave Depo LLC www.newwavedepo.com y ew f BOYNTON CRA =BEACH February 14, 2012 Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Dear Honorable Commissioners, This letter shall serve as support for the Boynton Beach CRA's Boynton Harbor Marina Master Plan which includes the redevelopment of the existing building into a green space area. This area will serve all of the marine businesses within the area by providing seating and shade for their customers to wait for boat rentals, dive trips and charters. The Boynton Harbor Marina Master Plan was approved by the CRA and the City Commission. Additionally, the Master Plan is consistent with intent of the Waterfront Preservation and Access Bond Program and the Intracoastal Waterway Plan for Palm Beach County. We respectively request that the Board of County Commissioners support the CRA plan for the redevelopment of the Boynton Harbor Marina. Sincerely, Woodrow Hay, Chair William Orlove, Vice Chair Marlene Ross Steven Holzman Mark Karageorge James Buchanan 710 North Federal Highway Boynton Beach, FL 33435 Office: 561 - -3256 Fare 561- 737 -3258 www.boyntonbeachcra.com t CO ;! J r cv I 1 CO CO _...i i LL r -G.), U ii..... .. .... 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Book, CLERK & COMPTROLLER Assia 1823 1812 - a pg alm Bach County Attorney's Officc P 9 f 112 e 1 North Olive Avenue, Suite 601 ,,2 est Palm Beach, Florida 33401-4791 e rro • 4, To: � Douglas Palm)ih County • • Real Estate Muutgement Division 321 , -' - ere Road, Building 1169 West 'al - • - - , Florida 33406 -1544 Property r • • Number: 08 -43 -52 -030000 -0071 WATERFRC� PRESERVATION EASEMENT AND DECLARATION OF O RESTRICTIVE COVENANTS L Ly FOR vomit NTON BEACH CRA MARINA THIS IS A WATERFRONT PRESERVATION EASEMENT AND DECLARATION OF ITRICTIVE COVENANTS FOR BOYNTON BEACH CRA MARIN • C ade , granted by the BOYNTON BEACH OyUNITY REDEVELOPMENT AGENCY ( "Grantor "), a public agency = d pursuant to Chapter 163, Part III Florida Statutes, with an address of . ' Ocean Avenue, Suite 103, Boynton Beach, Florida 33435 in favor of PALM BEACH COUNTY, a political subdivision of the State of Florida, with an address of Governmental Center, 301 N. Olive Avenue, West Palm Beach, Florida 33401 ("County"). WITNESSETH WHEREAS, the Board of County Commissioners of Palm Beach County, Florida (the "Board ") has determined that it is in the best interest of the County to acquire real property or interests therein that preserve, protect or expand public access to and use of freshwater and saltwater bodies of water, to construct capital improvements that facilitate public access to and use of such bodies of water including, but not limited to, boat ramps, public parking and governmentally approved waterway dredging, and to acquire real property or interests therein that preserve working waterfront areas (the "Projects ") in order to maintain and improve the quality of life of residents of and visitors to the County, to preserve the marine industry in the County, to maintain the present intensity of development of the working waterfront and to enhance tourism in the County; and Book20953 /Page1812 Page 1 of 12 WHEREAS, the Board has determined that the Projects will serve valid paramount public purposes; and WHEREAS, Grantor is the owner of the Property, as hereinafter defused, eluding the Submerged Land, if any, as hereinafter defined, and the buildings .: other assets and improvements located thereon in Boynton Beach, Florida, 7 n as Boynton Beach CRA Marina; and e 10WHEREAS, Grantor has agreed to grant an easement to County and nnpos� ertain easements, covenants and restrictions upon the Boynton Beach CRA 'na, as hereinafter set forth for the preservation of certain existing uses and am and public use of and access thereto; and WH c� AS, Grantor has agreed to declare that the Property as hereinafter defined, sha - • - held, transferred, sold, conveyed and occupied subject to the easements, c . ii: ∎ ns, covenants, restrictions and reservations, hereinafter set forth. 0 NOW THEU for good and valuable consideration paid to Grantor by County, the recei`h sufficiency of which is hereby acknowledged, Grantor does hereby grant to ( , its successors and assigns, a perpetual non - exclusive easement in, on, throng : across the Property, as hereinafter defined, and for parking incident to such - s are established by Grantor and located upon the Property, as hereinafter de ` : • together with ingress and egress thereto, for use by the public subject to the... , s of this Easement. Grantor further hereby declares that the Property, as V : fter defined, shall be held, transferred, sold, conveyed and occupied subj - ', the conditions, covenants, restrictions and reservations hereinafter set forth. A4TICLE 1 DEFINITIONS 1.1 "County" means Palm Beach County, Florida, a political subdivision of the State of Florida. 1.2 "Easement" shall mean and refer to this document entitled "Waterfront Preservation Easement and Declaration of Restrictive Covenants for Boynton Beach CRA Marina ". 1.3 "Grantor" shall mean and refer to the Boynton Beach Community Redevelopment Agency, and its successors or assigns. 1.4 Marina shall mean the marina, Structure(s), docks, boat slips and parking located within the Property. Page 2 of 9 Book20953 /Page1813 Page 2 of 12 1.5 "Property" means the real property described on Exhibit "A" attached hereto. „1) 1.6 "Restaurant Parcel" shall mean the property which is legally scribed on Exhibit `B" attached hereto and incorporated herein by reference and on which a restaurant known as The Two Georges Restaurant is currently being dated. °1.7 "Structures(s)" shall mean that which is built or constructed, or any pi - 44% f work artificially built up or composed of parts joined together in some defui t qt anner, the use of which requires more or less permanent location on the groun , whi ch is attached to something having a permanent location on the grounhterm shall be construed as if followed by the words "or part thereof." 5 W 0 ARTICLE II RESTRICTIONS APPLICABLE TO C'"). PROPERTY AND STRUCTURES 0 There • an ; ,4 ' < two -story Structure located on the Property. This Structure is used for , ' arina related uses including, without limitation, a marina office, public restroom *Lye , op and classroom. Use of such Structure, and the Property generally and t ' ' °cures located thereon hereafter, is hereby restricted to public marina related u . :,�No use other than public marina related uses shall be allowed on the Property. t rr`` 0 TICLE III PURL' . SS TO MARINA There is currently a Marina with docks and twenty -four (24) boat slips at the Property. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the Marina. Grantor reserves the right to establish all rules and terms or conditions of operation of the Marina, but when open during normal hours of operation, the Marina shall be open to the public and the public shall have access thereto. Grantor may restrict access to the Marina after normal business hours for security reasons. Nothing contained in this Easement shall prohibit Grantor from implementing reasonable security measures to monitor and regulate (but not prohibit or unreasonably restrict) public access to the Marina during normal business hours. The Grantor presently has eight (8) boat slips available, in use as Charter /Commercial Charter boat operators, and shall continue to make available a minimum of eight (8) boat slips for the purpose of Charter /Commercial operations. Charter /Commercial boat slips that are not leased within ninety (90) days of the boating season, which for the purposes hereof shall be deemed to begin October 1 Page 3 of 9 Book20953/Page1814 Page 3 of 12 of each year, may be utilized for other public purposes by Grantor including leasing to private boat owners for the remainder of the boating season. Grantor shall exercise diligent effort at the beginning of each season to ensure it continues o make available the (8) Charter /Commercial boat slips presently occupied for ontinued charter commercial use. The Grantor shall make the remaining sixteen 46) boat slips available for lease to the general public, which may include boat t Os leased on a transient or long term basis. In the event that more boat slips are ad * cor constructed in the future, these additional boat slips shall also be a - We for lease to the general public. f%,- Grantor shall manage the leasing operation of' the Marina and shall establis • regal rates not more than market rent. However, in the event that the Grantor wonger desires to operate the Marina the Grantor must advise Palm Beach CouOrior to any changes in management control. Granto ilsl maintain and operate the Marina on a continuous basis subject to the right of Ai Grantor to temporarily close the Marina for the purpose of maintenance anc (placement of the improvements, which constitute the Marina. Any suchtirstpnance and/or repair shall be commenced promptly and be diligently comple �Ci; �' ( ) J ARTICLE IV � PARKING There are currently fo • o (42) parking spaces on the Property. Grantor shall maintain the existing n f parking spaces for the patrons of the Marina and other improvements on t . perty and, provided the Restaurant Parcel remains in use as a public restaurant, for use by patrons of the Restaurant Parcel. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the parking at the Property. Such parking shall be available for public use at the Property in such locations and upon such terms, rates and conditions as may be established by Grantor from time to time. Parking for all uses on the Property shall be provided as required by the City of Boynton Beach, Florida. It is understood and agreed that nothing contained in the easement granted herein shall be permitted or deemed to supersede, alter or interfere with the rights granted to DSS Properties L.C. by that certain Grant of Easement dated March 15, 2006, from the Boynton Beach Community Redevelopment Agency to DSS Properties, L.C., recorded in Official Records Book 20065, Pages 1142 -1152 of the Official Records of Palm Beach County, Florida. Page 4 of 9 Book20953 /Page1815 Page 4 of 12 ARTICLE V FUTURE DEVELOPMENT Grantor agrees that no development will occur on Property other than , ~ ture construction or renovation in conformance with the restrictions set forth , - '- in. Any such future construction or renovation shall not exceed three (3) { ies in height. Grantor shall not permit any development on the Property to in&,,.' upon or intrude into the airspace above the Property. No additional d . +� , ment of the Property shall occur, nor shall any further improvements or allera ' * be made to the Property which materially alter the current Marina, or which r,L. . se impairs, restricts, eliminates or impacts the existing marina uses upon i ' erty and the access of the public thereto. f ARTICLE VI �b INSURANCE Grantor �l maintain insurance against loss or damage to the improvements to the public has access pursuant to this Easement including, without limitation, , by fire and the risks covered by insurance of the type now known as `'and extended coverage," and including windstorm, in an amount at least equa b`)re.lacement cost or the maximum amount available, whichever is less, subj - .-'2 . eductibles as determined by Grantor. Grantor shall also maintain flood insu , 1 coverage on the Marina under the federal flood insurance program in an nt at least equal to replacement cost or the maximum amount availabl ' hichever is less, subject to deductibles as determined by Grantor. All ' C , ce proceeds derived from casualty claims shall be used by Grantor to repair o , 1 • ce the damaged improvements. In the event of any casualty, Grantor shall, at Grantor's expense, regardless of whether such casualty is covered by insurance or, if so, whether the proceeds of such insurance are sufficient to pay the cost of such repairs, promptly commence to repair any damage to the Marina, and thereafter diligently pursue such repair to completion using materials of like kind and quality or better. ARTICLE VII ENFORCEMENT RIGHTS In the event of a default, breach or violation of any term, condition, covenant or restriction contained in this Easement (a "Default "), County shall be entitled to seek to enjoin the Default and seek specific performance of the terns of this Easement and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute or otherwise. Each right and remedy of County provided for in this Easement shall be cumulative and shall be in addition to every other right or remedy provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise and the exercise or beginning of the Page 5 of 9 Book20953 /Page1816 Page 5 of 12 exercise by County of any one or more of the rights or remedies provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by County of any or 1 other rights or remedies provided for in this Easement or now or hereafter � �isting at law or in equity or by statute or otherwise. ARTICLE VIII . `, 0 PROPERTY TRANSFER RESTRICTION -r(t?i . _ antor agrees not to sell, assign, convey or otherwise transfer the Property to a, ovenunental entity without the written consent of the County. Grantor acknow : • that said written consent may be conditioned on, among other things, •. i s t of an Opinion of Bond Counsel to the effect that the proposed transaction will not result in a prohibited use of Bond proceeds under the Resolution a 4ke November 2, 2004, referendum authorizing the issuance of the Bonds, and ( L7vi11 not adversely affect the exclusion of interest on the Bonds from the :.qss income of the holders thereof for federal income tax purposes. For p ,� - , of this paragraph, all capitalized terms shall have the meanings ascribed 1r ..ell terms in that certain resolution adopted by the County on February 7, 20 )(authorizing the issuance of its $50,000,000 General Obligation Bonds (Wt4ont Access Projects), as said resolution may from time to time be amended and (gtpmented. (L r(C ,- , -; TICLE IX GENERAL OW OCEDURAL PROVISIONS 9.1 Declaration Runs with the Land. The covenant, reservations, restrictions and other provisions of this Easement shall run with the land and bind the Property and shall inure to the benefit of the County and shall burden Grantor, its legal representatives, heirs, successors and assigns in perpetuity. 9.2 Severability. If any term, covenant, condition, restriction or other provision of this Easement is held to be invalid in whole or in part by any Court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining provisions of this Easement all of which shall remain in full force and effect. 9.3 Number and Gender. Wherever in this Easement the context so requires the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders. Page 6 of 9 Book20953 /Page1817 Page 6 of 12 9.4 Title Warranty. Grantor hereby fully warrants its title to the Property and represents that it is lawfully seized of Property in fee simple and has good right and authority to grant this Easement and that the property is free and lear of any mortgage, lien or other encumbrance which may impair the forceability of this Easement and agrees to defend County against the claims of (persons whomsoever. L .-N°9.5 Non - Discrimination. Grantor agrees that no person shall, on the gr4s of race, color, sex, national origin, disability, religion, ancestry, marital status . sexual orientation be excluded from the benefits of, or be subjected to any `1 of discrimination at the facilities required to be operated by this Easemeet 9.6 ("ecording. County shall have the right to record this Easement in the public rec . of Palm Beach County and to re- record this Easement as and when County .. necessary to ensure it continued enforceability. Any re- recording of thi , ement shall automatically be deemed to relate back to the original recording of this Easement and to have priority over instruments recorded subsequen 1 e,� original recording date of this Easement. 9.7 Recitals. ecitals contained herein are true and correct and � Y S� incorporated herein b r� ice. 0_ 9.8 Notices. All 4 )es and elections (collectively, "notices ") to be given or delivered by or to - y hereunder shall be in writing and shall be (as elected by the party giving • ot hand delivered by messenger, courier service, or national overnight &Wry service (provided in each case a receipt is obtained), or alternatively shall be sent by United States Certified Mail, with Return- Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or if mailed, upon the date which the retum receipt is signed or delivery is refused or the notice designated by the postal authorities as non - deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 9.9.1 County: Property & Real Estate Management Division Director 3200 Belvedere Road Building 1169 West Palm Beach, Florida 33406 -1544 Page 7 of 9 Book20953/Page1818 Page 7 of 12 With a copy to: Palm Beach County Attorney's Office 301 North Olive Avenue Suite 601 ' West Palm Beach, Florida 33401 0 Attention: Real Estate 9.9.2 Grantor: ( Boynton Beach CRA 639 Ocean Avenue, Suite 103 Boynton Beach, FL 33435 U4‘,. With a copy to: CRA Attorney r . ` >' Kenneth G. Spillias ?)Lewis, Longman & Walter, P.A. M s 0 Palm Beach Lakes Boulevard S 'te 1000 ( Palm Beach, FL 33401 WF0t)py to: City of Boynton Beach 915 South Federal Highway Boynton Beach, FL 33435 With a copy to: Boynton Beach Attorney's Office 915 South Federal Highway Boynton Beach, FL 33435 Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 9.9 Governing LawNenue. This Easement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a Page 8 of 9 Book20953 /Page1819 Page 8 of 12 state court of competent jurisdiction in Palm Beach County, Florida. 9.10 Entire Understanding. This Easement contains the entire nderstanding and agreement of the parties with respect to the subject matter erect'. n # 9.11 Amendment. No amendment shall be effective unless the same is in uog and signed by Grantor, its successors and assigns and County. For p • ; ,n of amendment, Grantor's successors and assigns shall not include owners of • i . - condominiums constructed on the Property. e Time of Essence. Time is of the essence with respect to the performalrc'e of every provision of this Easement in which time of performance is a factor. ('/ RE 4,,I. i ER OF PAGE INTENTIONALLY LEFT BLANK ( C : --5 t�C l rte, Page 9 of 9 Book20953 /Page1820 Page 9 of 12 Executed and delivered this 8 day of a LU ST, 2006. BOYNTON BEACH COMMUNITY J ` o REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 1 :, Part III, F.S Signatureitness ignature " , . , No • - l e Dv, - 11 1lwt,ain Print Name of s Print Name L L A ! _ t , :. % Its: C ` k a R.MA _ Signature of Witnes ; - , Print Title Robey �C: �00A Print Name of Witness 4,7 CSC- STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing was sworn to and subscribed before me this g day of J f s , 2006, by teN dens ?so 711/'t4 , the Boynton Beach Community Redevelopment Agency, who personally appeared before me, and he is [check one:] " known to me OR produced the following as identification: c i4..40 NOTARY PUBL C, STATE OF FLORIDA [NOTARIAL SEAL] My Commission Expires: ? /a -3 /op , SUSAN E. HARRIS t r ` i r' om rn :till DD 2 8894 � 3 hptsmbst 28, 2007 Book20953 /Page1821 Page 10 of 12 i EXHIBIT "A" LEGAL DESCRIPTION els of land lying in Section 27, Township 45 South, Range 43 East, City f $oyn Beach, Pm Beach County, Florida, said land being and lying in Plat of ton Casa Loma as recorded in Plat Book 11 Page 3 of the Public cords of Palm Beach County, Florida, said land being more particularly d- . � t � d as follows: Parcel C• That portW of the West 34 feet of Lot 4 and all of Lots 5 through 12, inclusive, 14 North and West of the Concrete Seawall shown on • Boundary an cation Survey prepared by Sun -Tech Engineering, Inc., Job No. 05 -2925 `' April 18, 2005 and signed by Mark A. Higgins, PSM No. 4439. Cl v Together With: V4- The submerged lands 13itt *portion of the West 34 feet of Lot 4 and all of Lots 5 through 12, include, lying South and East of the Concrete Seawall shown on Boundary and I Otion Survey prepared by Sun -Tech Engineering, Inc. Job No. 0(. ;25, Dated April 18, 2005 and signed by Mark A. Higgins, PSM No. Less except therefrom a portion of Lots 10, 11 and 12 described as follows: Beginning at the Southwest comer of said Lot 12; thence North 89'57'20" East, along the South line of said Lots 10,11 and 12, a distance of 115.13 feet; thence North 0'02'40" West, a distance of 69.44 feet to a point on a line 69.44 feet North of and parallel to the South line of said Lots 10, 11 and 12; thence South 8'9'57'20" West along said parallel line, a distance of 117.46 feet to a point on the West line of said Lot 12; thence South 1'58'03" East along said West line, a distance of 69.48 feet to the point of beginning. Parcel2 The South one -half (S.1/2) of a 55.00 foot abandoned Right -of -Way of Casa Loma Boulevard, lying North and adjacent to the West 34 feet of Lot 4 and all of Lots 5 through 12, inclusive, as shown on the plat of Casa Loma, recorded in Plat Book 11, Page 3, public Records of Palm Beach County, Florida. Book20953 /Page 1822 Page 11 of 12 EXHIBIT "W' LEGAL DESCRIPTION T ` as 16 feet of lot 4 and all of lots 1 through 3, as shown on the Plat of C [?�,oma, Recorded In Plat Book 11, Page 3, Public Records of Palm Beach Cou,jFlorida. L1 Book20953/Page1823 Page 12 of 12 SUSTAINABLE ECONOMICS Boynton Beach : t i t M1J x"S� Sat y� = t^ •. i f i� 1Ci s+" � The "Intracoastal Waterway" project reflects c ; $ 1. R i __ , 1M r . 0 a long-standing desire on the part of the City ` ' 1" ' 7'='- '� `I ".1 . . of Boynton Beach and the Boynton Beach'' 4 44 Community Redevelopment Agency to de- - -'47-_. -: Xero e _ 4 .- velop a true downtown, live -work destination. ,,, ; f ., , - . . - To this end, the public investments provided ; r +y�, , • ,•: , g . thus far to jump -start the overall development r . F . ; • y r,,. ' f' 1; ` y i ` _ ..'r* .> d • of this 30 acre+ mixed -use community have ;;-,,,.14, , 4 t` ;� b : k4 - - ... S oyriibn,B each been significant and have stimulated signifi 1 ... 3.' t `; ` . ` . # cant subsequent private sector investment. In . , 4 - 1 . �s "Marina Vi M a g t ' March 2006, for example the CRA purchased - b ` @ . the Boynton Harbor Marina located on the =- 9= gp" Intracoastal waterway. The now public ma- "' "'�" ; ., ` rina is a key anchor linking the downtown , r. -�•- .: , .,: - - ar to the water and provides a unique wa- - � -- ' - terfront destination activity node. The CRA ^ - it' ` - : j a(. r ' 0; has purchased additional land along the wa- t IA .-141. terfront to enhance public access, recreational " ' g r4 0 ortunities and provide additional parking h Approximately $25 million in public sector in- ` ` 't ;t - ; vestments have helped to attract over $100 .- c + h''" `` million in private sector investment to date. ' 4 If ;t[i# 7 .." • • ' CRA officials suggest hundreds of full-time - ., f #.,, h t-.. jobs will be created at build out :....� it - . .,.,.,. y r ^ ,�,, . The core elements of this waterfront redevel- i .;- , - ;'a''il -- I_� ..... opment master plan include: General location map for the Boynton Beach marina village • Improving public access -, -- - • Creating a destination gym, • Improving infrastructure Wit: — ` _ : _ ., a' i • Preserving traditional marine industries '.. ..,...j -1` . Mail" vq{sge e , :- ` ' o ..,sera -..: + ' " - M - .:< • Upgrading boater services i' °"- t - Pete's Pond Water ' . Re tention Area & .: • Protecting the natural environment Park Boynton Beach \ \ Promenade Mangrove Pre -s r . Project location map for the Boynton Beach marina village T R E A S U R E C O A S T R E G I O N A L P L A N N I N G C O U N C I L I n d i a n R i v e r - S t . L u c i e - M a r t i n - P a l m B e a c h FINAL 189 SUSTAINABLE ECONOMICS Two major private sector developments have been • implemented on east Boynton Beach Boulevard — the N ,. Fund d Projects Marina Village project and the Prome 4 GRA GATEWAY AM • ILAF nade, which is currently under construction. These A The , developments will add much - needed housing to this f °°'"`°" " PDM ath FoL ' e oynton downtown core. Marina Village is slated to develop H ,,,XC, art d Boynton approximately 387 units and the Promenade is slated °"' ° &"" to develop 400 units. The City has an array of eco- ILYEA nomic incentives to promote community revitalize A ' . y ' • Prorate Development Projttu l tion of its downtown core including workforce t f. ;M rt ;,bge housing and facade improvement programs. 4ww:nesa„am S 6 Ba hum: e yro 7 Harbor Cay l; 8 Byrom Important challenges and opportunities are identified +Wate.aat below which provide context for the continued de- "' e"D Cryla dma ks velopment of the Boynton Beach Marina Village. G Hae Old High Sduaol Importantly, the City and CRA have focused on de- Schoolhouse C6ldreni Museum BgMenbW en's Club veloping the marina village as a family - friendly mixed- ..P' k sczaa use entertainment district. This clarity of vision will / e help to drive the implementation plan forward. b o ` o r , " ia Location ma p for li an private projects w I ton Beach CR A district pubc along d with city landmarks ithin the Boyn- it Boynton Beach €A ','' "Marina Village .,+ I r Y -a mss w- I ' al a Boynton FLU Q mom Um ll arrevl S},_ 106 t , +� MI Mixed Use Core (35 7.) , R - The Boynton Beach marina villages offers the most potential ' lira WW1 development density of the five analyzed in this report. Generalized future land use map designations for the proper- ties within the Boynton Beach marina village T R E A S U R E C O A S T R E G I O N A L P L A N N I N G C O U N C I L I n d i a n R i v e r - S t . L u c i e - M a r t i n - P a l m B e a c h 190 FINAL SUSTAINABLE ECONOMICS Total Economic Benefit Boynton Beach Marina Village Project Overview The potential economic benefits of the build -out at Development Stage — Developing this marina village is limited to the redevelopment area indicated on the map on the preceding page, Challenges which represents approximately 42 acres. The esti- • Tertiary office market mated economic benefits (see Table 16) are based • Critical mass of downtown housing /residents upon a proposed development program of 379 con- is missing dominium units and 36,000 square feet of new com- • Excess office space inventory and slow absorp- mercial /retail facilties. ton • Lack of town center / City identity Opportunities • CRA /City economic incentive package • Robust workforce housing program • Significant public sector infrastructure invest- ment program r -# t Catalytic Potential — Medium / High wt +• Boynton Beach Marina Village " t Total Economic Benefit r4 ,. Impact Summary* Boynton's recent waterfront 0 61 : '''' projects such as Waterside Gross Regional "'� (above) and Marina Village New Jobs Personal Income Product 1 ••••"' .sokb, (to left) are highly ameni- :! " •"•" " '1 tized and cater to affluent :�� "1 .. ` buyers. . --,ftragiurek. $14.3 million $13.7 million 1. Estimate of the annual increase in Palm Beach County's Gross Regional Output Table 16: Boynton Beach Total Economic Benefit. T R E A S U R E C O A S T R E G I O N A L P L A N N I N G C O U N C I L I n d i a n R i v e r - S t . L u c i e - M a r t i n - P a l m B e a c h FINAL 191 SUSTAINABLE ECONOMIC: KEY FINDINGS AND RECOMMENDATIONS The study has identified a number of key findings in the preceding analysis that examined the ICW cor- ridor from a macro perspective and at the smaller unit of analysis — the marina village. Along the Intra- coastal Waterway as a whole, the importance of preserving and enhancing the working waterfront as well as commercial and recreational uses was noted. Within the tighter focus area represented at each of the economically- focused marina villages, the analysis presented opportunities and challenges that would need to be addressed to realize each of the unique development /redevelopment visions proposed. Chief among these issues is striking the right balance between the desire for public access to the Intra- coastal and the upland and water - dependent needs of marine industries at working waterfronts. The following recommendations are intended to support and enhance the economic development potential of the Intracoastal Waterway as a whole and the economic base surrounding the marina villages. Improve Understanding and Enhancement of the Marine Industries Cluster • Identify and examine key industry sectors that could comprise a marine - industries cluster. • Initiate a county -wide effort to track the number and classifications of marine - related jobs (bye North American Industry Classification Sy stem [NAICS] Code) over multiple years to develop a better understanding of this job sector. • Encourage the marine industries be officially recognized and adopted as a cluster to be cultivated within Palm Beach County and the Region. • Undertake a detailed marine industries cluster study to determine the strength and growth po- tential of the cluster. Support a Highly Skilled and Educated Marine Industries Workforce • Support regional workforce initiatives designed to assess marine industries workforce readiness and use that information to expand training opportunities for current and future employees. • Consider creating a region -wide funding mechanism to support the development of specifically targeted marine industry job training programs. • Develop incentives for marine industry job creation, including: - Hands -on internship and apprenticeship programs; and - Hands -on training workshops (on -site and off -site) to introduce potential employees to marine industry opportunities. Adopt "No Net Loss" Policy to Discourage Conversion from Marine Industry to Other Uses • Support continued efforts at the state, regional, and local level to preserve and enhance working waterfronts including: — Direct purchase of key waterfront property by a local government; — Sale of development rights to a local government or other non - profit entity, thereby reducing i the property tax burden; and T R E A S U R E C O A S T R E G I O N A L P L A N N I N G C O U N C I L I n d i a n R i v e r - S t . L u c i e - M a r t i n - P a l m B e a c h 192 FINAL BOYNTON r is BEACH' cRA CRA BOARD MEETING OF: February 14, 2012 Consent Agenda IX I Old Business New Business I Legal I Executive Director's Report SUBJECT: Consideration of Request by Kaufman Lynn Construction, Inc. to revisit the approval of Change Orders under the CMAR Contract Agreement for the Ocean Avenue Projects. SUMMARY: Item A: At the Special meeting held on May 17, 2011, the CRA Board "denied with the option to revisit" changes orders proposed during the construction of the Ocean Avenue Amphitheater and Marina Entry Tower Feature projects (see Attachment A). The proposed change order costs as presented were additional construction costs as a result of "unforeseen issues or changes in the architectural /engineering design" and not previously identified on the plans as bid by Kaufman Lynn. The three change orders relating to these two projects total $9,709.50. Item B: At their regular meeting of August 9, 2011, the CRA Board was presented with Change Order approval requests for items associated with the Ruth Jones Cottage project and pre- interior build - out construction related changes. Based on the architectural directives provided by REG, Kaufman Lynn generated a list of Change Orders (COs) corresponding to each RFI totaling $16,758.52 and General Conditions of $28,457.70 up to the completion date of September 19, 2011. Additionally included were COs relating to necessary architectural /engineering design revisions being made to the window package in order to accommodate a future restaurant which total $6,808.35. These change orders total $52,024.57 and were "conditionally approved" subject to future consideration when the Guaranteed Maximum Price (GMP) was reached and the change order amount would be payable (see Attachment B). Kaufinan Lynn has issued a credit of $23,766.00 to the GMP based on design revisions made to the interior scope of work. If the Board elects to approve the Change Orders as presented in Item A & B, the additional cost of these Change Orders after applying the credit issued by Kaufman Lynn would total $37,968.07. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: CRA Ocean Avenue Projects, Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS /OPTIONS: Provide staff direction. _ _./ Mich' �on,1 eve opment Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 20121KL Change Order Approval Request doc Attachment A Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 of REG Architects. The goal was to accomplish the interior parking area and if time and paint permitted, move along further. Multiple sessions may be necessary. There was a reminder that Friday was the last concert of the season. The Ocohee River Band was featured at the free concert on Ocean Avenue. A food and beverage vendor would be available. B. Disclosure of Contracts with Lobbyists /Applicants/Proposers to the Agenda (This item had been addressed.) VII. Old Business A. Discussion of Change Orders for Amphitheatre and Marina Entry Projects Ms. Brooks explained the item had been tabled at the May 10 meeting for staff to get verification from the Agency's design firm for the Marina project. The Agency has its own geotechnical engineer. There was a communication error between VHB (Vanasse Hangen Brustlin, Inc.) and the geotechnical engineer of a design update that was not made available. It included the fence posts; therefore, the engineer was unable to make a recommendation for helical piers. After discussions, VHB agreed to absorb the cost of the change order. The amphitheater design did not include the engineer drawing for the canopy at the time of permitting. The drawings were such that a true price could not have been given without engineer drawings. When the wind Toad was determined, the actual footer requirements to maintain the canopy were available. Ms. Brooks felt it was a legitimate cost for the Agency and is not a CCD (Construction Change Directive) issued by an architect. Mr. Holzman hoped any time a change order was requested, the need for the change order and source of the disputed construction issue is investigated. Ms. Brooks agreed and offered the CRA was running four construction projects with only two members of staff involved. Delving into the required level of detail is time consuming and has not always been possible. Once staff traced back through the reports and plans to find the reason for the problem, there was a legitimate extra cost and the responsible party had to be found. Motion Mr. Buchanan moved to approve the Marina entry project that will be costed -out to the engineering firm. Mr. Hay seconded the motion. The motion passed unanimously. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 In regards to the amphitheater change order, Bruce Cavossa, Vice President of Kaufman Lynn, Construction Manager, explained the bid for the foundation sizes of the awning had called for a sona tube, eight feet deep, with no reinforcing. A Florida registered structural engineer had to be hired to size the footings to accommodate wind Toads. The piers are now five feet by five feet by five feet deep and initiated a change request by the subcontractor because the requirement differed from the bid. Mr Cavossa issued the proposed change order to the subcontractor at his risk and the work was done at his risk. It was a clear change from the contract documents There was also a question on the calculation of the fee for the proposed change order Kaufman Lynn had calculated the fee per Article 16 of the Construction Management Contract that requires no fee to be more than 15% of the hard budget cost. There is a section in Article 7.3.7 that indicates the cost allowance for overhead and profit should not exceed a total of 15 %, but it relates to Construction Change Directives. It is an AIA (American Institute of Architects) document issued by the architect and none have been issued. The change was required in the field to accommodate the design of the awning. Kaufman Lynn calculated the fee at 15% in concert with the contract. Attorney Cherof commented the provision in Section 18 indicates a fee not more than 15 %, suggesting the fee can be lower and negotiated or discussed. The language in the Construction Change Directives section is the only place where changes in the work and fees are addressed with 10% for the subcontractor and 5% for the Construction Manager. Attorney Cherof did not feel the language indicates in all instances the Construction Manager is entitled to 15% on top of the change costs. Chair Rodriguez opined there were two challenges: first, should the fee to be passed on to Kaufman Lynn only be 5 %; second, if Kaufman Lynn is entitled to the $5,880. He recalled as a Construction Manager at Risk, Kaufman Lynn would honor the price. The changes have begun and Mr. Cavossa admitted he assumed a risk in the field. Chair Rodriguez contended the contractor should have considered possible changes in submitting their bid. Ms. Ross referenced the letter from REG Architects indicating the charges were fair and reasonable and should be considered in the project. Chair Rodriguez did not feel the dollars was the issue as much as the responsibility to pay. He reiterated the City did not initiate a change order. (Mr. Karageorge arrived at 6:26 p.m.) Mr. Hay felt any company using a permit drawing would have done the same thing as Kaufman Lynn due to the lack of an engineering drawing. The amount of $5,880 is insignificant in terms of the total cost. He supported the increase. Vice Chair Orlove agreed with Mr. Hay that it met the provisions in the contract with Kaufman Lynn. Chair Rodriguez clarified the cost of the change order is $5,880 from 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 the subcontractor. The 15% is Kaufman Lynn's commission on the $5,880. Attorney Cherof pointed out they should be getting 0 to 15% and it is negotiable. Staff recommended the amount of $5,369 which reflects a 5% commission should be paid. Mr. Cavossa contended the mark up was not the issue, rather the interpretation of the control. The base bid included provisions for foundations. The required change in the size of the foundations initiated the request for more money. The fee calculation is a non - issue. Consistency in the interpretation of the contract was the question. Attorney Cherof felt the cost should be included in the maximum guaranteed price that is broken down in the contract including the management fee which is $122,063. There are also several categories that could cover this cost, such as general requirements, site construction and concrete that would cover the additional footers. Attorney Cherof cautioned this is an ongoing project and interpretation of the contract at this stage could be critical if there is an additional charge for each and every change that arises. Mr. Hay opined it should be done on an individual basis. Attorney Cherof agreed with the threshold question, is it already incorporated in the guaranteed maximum price. It was clear there was going to be a canopy and the maximum guaranteed price should have included consideration of all variations that might develop during the term of the project. Attorney Cherof recommended the expense should be incorporated in the guaranteed maximum price and should not be approved as a change order. Ms. Brooks inquired if other Kaufman Lynn contracts with governments had change orders. Mr. Cavossa confirmed in most construction management at risk project, the project manager for the municipality is allowed to approve change orders up to a threshold prior to seeking city council approval. He stressed Kaufman Lynn stands behind the guaranteed maximum price and Mr. Kaufman clearly indicated he would not guarantee no change order associated with unforeseen or unknown conditions. Any other contractor would not make that agreement either. Motion Mr. Holzman moved to deny the request for a change at this time. Chair Rodriguez passed the gavel to Vice Chair Orlove and seconded the motion. Mr. Karageorge did not agree with the motion and noted REG had submitted a letter advising the engineering drawings were not specific. He stressed the Board had accountability for the dollars also and attempted to compromise the issue with an offer of 5 %. Mr. Buchanan pointed out the City could not expect any contractor to foresee all construction changes that are not specific in the drawings. Both sides have to be reasonable and the CRA should be responsible for the cost of the change. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 Chair Rodriguez stressed it was a contractual issue and Attorney Cherof had advised the contract does not require payment of the contingency. Mr. Holzman reiterated it was taxpayer dollars and stressed there was a guaranteed maximum price and Attorney Cherof had urged inclusion of the expense in that price. Ms. Ross pointed out it was a construction project and there are always unforeseen circumstances that do arise and it would be unfair and unreasonable to not acknowledge the situation, Attorney Cherof suggested the motion to deny the change order be done without prejudice so the contractor can revive the issue at the closure of the contract when the total contract price can be compared to the maximum guaranteed price Motion Mr. Holzman amended his motion to deny with the option to revisit the item at the completion of this management -at -risk contract. Chair Rodriguez seconded the motion The motion passed 5 -2 (Mr Karageorge and Ms. Ross dissenting) Mr. Cavossa indicated Kaufman Lynn would cover the contract remedies and negotiate the change order rate with the City Attorney He offered to hold a construction manager -at -risk workshop to develop a better understanding. There are several ways to adjust the guaranteed maximum price outlined in the contract B. Discussion of Options for Ruth Jones Cottage Ms. Brooks reported the movement and renovation of the Ruth Jones Cottage cost $340,958 and with design fees paid prior to contracting with Kaufman Lynn and proposed impact facts, the total cost is $398,458. The contractor, Kaufman Lynn, estimated the cost to build a replica would be $451,060. Some figures are unknown such as the mover's ultimate cost The history of the cottage reveals it is listed on the City's inventory of potential historic structures. It was built by Lucille and Otley Scott of the Lucille and Otley restaurant. It was later sold to Ruth Jones in 1946, who raised her family there until purchased by the CRA in 2007 as part of assemblage for a future parking lot for the redevelopment of the Old High School. The cottage is constructed almost entirely of Dade County Pine which is now extinct The Pine is impervious to termites and water damage. Chair Rodriguez summanzed that the site move to a new location would cost $398,458 to be completed in approximately eight weeks. A replica would cost $451,600 and take approximately six months to complete. The property cost $265,000 and another $6,500 for expenses would bring the total to date for the project at approximately $720,000. Mr Karageorge wanted to clarify there were two separate issues. The purchase price had to be subtracted because the site was bought for parking. Chair Rodriguez contended it was irrelevant why the parcel was purchased; it was still taxpayer monies 6 Kaufman Lynn Construction, Inc. CHANGE ORDER No 00002 606 Banyan Trial Phone: 561 -361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Amphitheater Foundations DATE: 7/29/2011 PROJECT: Boynton Beach CRA hnprovements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: PCO To: From: Number: 00002 item Description Stock#t Quantity Units Utut Price T«i Rate Tax Amount Net Amount 00001 Schiappa Construction cost to 1 000 $3,625 00 0 00% $0 00 $3,625 00 provide engineered foundations per Hoover Awning provided drawing 00002 Allied Bolts & Nuts, LLC cost for 7 1 000 51,488.00 0 00% $0 00 $1,488 00 bolts required for uplift as pei engineered detail 00003 CM Fee bsaed on 15% 1 000 5767 00 0 00% 50 00 5767 00 Unit Cost: $5,880.00 Unit Tax: $0.00 Unit Total: $5,880.00 Tile Original Contract Sum was $953,388.00 Net Change by Previously Authorized Requests and Changes $7,763.00 The Contract Sum Prior to This Change Order was 5961,151.00 The Contract Sum Will be Increased $5,880.00 The New Contract Sum Including This Change Order 5967,031.00 The Contract Time Will Not Be Changed The Date of Substantial Completion as of this Change Order Therefore is ... ACCEPTED: Boynton Beach CRA Kaufman Lynn Construction, Inc. REG Architects By: ��. By: By: Vivian Brooks Bruce Cavossa Rick Gonzales Date: Date: Date: 1 REG ARCHITECTS. INC A R C H I T E C T U R E * I N T E R I O R D E S I G N * P L A N N I N G May 4, 2011 Michael Simmon Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach Children's Amphitheater REG No. 09014.10 Change Order No. 2 Dear Michael We, REG Architects, Inc., had the opportunity to review Change Order No. 2 in the amount of $5,880 00 in association with the footer detail/size for the canopy system above the stage. In our review, we note the following: The canopy system is designed by a specialty engineer hired as subcontractors under the construction manager, once the project has commenced. The design documents provide design criteria (specifications) in which the canopy design needs to meet. Once the canopy designer determines the wind forces and loads on their canopy system, they design the footing size to compliment their canopy system. As part of the design package, the structural engineer shows a typical footing detail but the actual footer size is unknown without having the actual canopy design. The footer detail provided by the structural engineer is used as a "gap fill" so there is a number in the budget for the footing. In this case, upon receipt of the specialty engineer's design, the footer size has to be increased to work with the canopy system. The footer size provided with the bid set is approx 2.75 cyds. of concrete and the actual footer needed for the designed canopy system is approx. 4.62 cyds. of concrete. Therefore, we find the cost provided to be fair and reasonable and recommend this be included in the project. Sincerely, hitects, Inc. Al Phillips cc: 09014.10/213 file 307 Evernia St , Ste 400, West Palm Beach, FL 33401 Phone (561) 659.2383 ' Fax (561) 659 -5546 www.regarch,com AA 0002447 LSI '9X0 BOCA RATON, FL. OCEAN AVENUE AMPHITHEATHER April 29, 2011 129 E. Ocean Ave. CHANGE ORDER #1 Boynton Beach, Fl. 33435 SCOPE OF WORK Supply & install one 5' x 5' x 5' footer and two modified 5' x 5'-6" x 6' footers, one at east side and north side of waive walls with #5 rebar mats 10" o/c EW and installation of eight 6' J -bolts per footer. TOTAL $3,625.00 Note: change order is in addition to original price quoted for : 3' dia x 8' sono tube footers total of three price $2,100.00 (Fe..,6v - 5 vs�„� 3 x l53+ lav y fCs /(50 .m6 Apr 28 11 10 :05a Allied Botts@ Nuts 954 635 5570 ALLIED BOLTS & NUTS. LLC Este mate 354 S.W. 13th AVENUE POMPANO BEACH, FL. 33069 r, Date Esti ate # ` 954 247 8166 /Fx 954- 635 -5570 4 4 j i Name / Address f Project . Description City Rate Total t - 1/4X67' ! -BOLT GALVJASSV 24 62 001 1,45&.00T -1 /4-7 HEX NUTS I 48 0.00T ! 414 FLAT RASHER 1`1DG 48 : O.ODT -1/4 X 6 ?" J -BOLT PLN /ASSY 24 47.00 X 1,128 OUT I Saks Tto. 6.00% 156 96 a E I i i 1 i / I l ''' • FOStSvard►aasc.Fu11 payment b4 ail machine work. Total ... -..-. r , iiVir -- -.: -1'244 i` --, --- --, r all, - , . .,.- . . .--,_ '. .- . - - l ' t.:--: ,.‘ _.) . .. . ,--.„--- 14 , • ,... . .. :., \ . - i 1 • i. A .,, . .11- 1 .,: _____ i .- W 1 '/'•;' , . r —dm I I Pr i a ...... 41111111 4 1111°. -. 111--1 i e ." 7". i - , • *.- - WILI , i - - royit. ,•V- . r . . _ , r z. 4 ; „ . .........."----- ors-w ' — - - j - .40■" . . . , _ ... - . , .. . .... r . ' C . -- - • . . . . ' - ■ ••••••-• 0 .,. . .00 i . - •,.. ,.. „,i* ...., , 're' '"'" • ' : I ''' N' • • - 4.1r , - ' . '''' S- • t t . ,----, 4 , 4.. . i v • ' . , ,.%,..- ' N, 1 1111411111,11H 4r, ... ...,, 2 nr---,--- .... . -or- -r ' 4, r • ' i-- ....... , -." , -.. I . i • .p• i„..... ' er f .7, ... I • : V ' A _....:;,... _ . . . N., • ...... •1... .....„ , \ 11. ; 101444 t ' . , .. 4 1 J. .4112.' , w. ' ►∎.........,.. C it , fit: - ''"'"' 1 ' ,..„, AKA' ''''. — - - '''. ' ''.- ''''. - .- '' t , Y 1 µ # v gi �• t o °' r .,..,:_......,.. u , . .,. .. f. X ; A' p . .e'''. ' ..iii„,4 ' - ' ili14\b . r r a4 = r , ., . ,,,iliiiel ti � e " . f 411 11k , - ---- -\ r ,,, - 1 1. s K . N. b *': -.. a - - '4 ' $ A �g4 r. f i + _ Y a y ' „ _ _ t - ' . :, . -....— t i : ^ I. w . _ 4 f r,f r, • y • * . ,„„ -. ; 4)16, Kaufman Lynn Construction, Inc. CHANGE ORDER No 00003 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561 -361 -6979 TITLE: Amphitheater Plumbing Repair DATE: 7/29/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: PCO To: From: Number: 00003 ) Item Description Stocicfl Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 4/15/11 Capped off existing water 1 000 $1,350 00 0.00% $0 00 $1,350 00 line to bathroom 4/25/1 1 Repair leak adjacent leak In bathrooms 4/28/11 Relocate water main around new concrete pdd 5/2/11 Tie new water main into new main shut off and re- energize bathroom fixtures 5/2/11 00002 CM fee based on 15% t 000 5202 50 0 00% 50 00 $202 50 Unit Cost: $1,552 50 Unit Tax: $0.00 Unit Total: $1,552.50 The Original Contract Sum was $953,388.00 Net Change by Previously Authorized Requests and Changes $0.00 The Contract Sum Prior to This Change Order was $953,388.00 The Contract Sum Will be Increased $1,552.50 The New Contract Sum Including This Change Order $954,940.50 The Contract Time Will Not Be Changed The Date of Substantial Completion as of this Change Order Therefore is ACCEPTED: Boynton Beach CRA Kaufman Lynn Construction, Inc. REG Architects By: By: By: Vivian Brooks Brace Cavossa Rick Gonzales date, 1Ls te: i 06'05'2'01 : 09.^2 F ade 5,' 1 Jenco Plumbing Services, Inc 1530 SW 7th Avenue 1 1 v L.: ` `_ a Pompano Beach FL 33060 Phone # 954- 720 -5838 Date Invoice # Fax # 954 -788 -2803 _ _-___.__ __ _ 516'2011 water Line s Bill To Job (Jame Kaufman Lynn, lnc. Amprtheater 622 Banyan Trail 200 Ocean Ave Suite 300 Boynton Beach. F1 I Boca Raton, P133431 1 _ t P O. Number Due Date l echnic Ian I Project i 5'6/2011 R.1: Ampitheater Description Serviced Amount s 4'15/11-Capped otTbroken water brie io ba,iluoom -- __ — — — 350 00 F s 4'25'11 -Repan additional lea]. by bathrooms t 4'2$- Relocated water math to bathrooms around new L oncrete pad r 5/2/11 -Tie new water into new main shut off and rc- energized b m atluoo fURUres f L. , 1 ____ __ ..__ _ Total $1350 00 i t " * 411 past due balances subject to service charges of ] 5% per month'" 1 Payments/Credits 5;0 00 13afance Bowe 51 -350 Phone # I Fax # E -mail Web Site 954- 784 - 2S0? l - -- ( - ?& 3 I — — nus;y�C urdu corn � i, 1', 11 lencoplumbume crnn III I i'rUr„ Livergood, Jeftrev ItivergoodJabbil i" Seat. Wednesday, April 27 2011 3 20 PM -to Richard Brows , Simon, Michael, Rarnuey, , ,evii, Cc: Al Philips, Vlad LJumitrescu Brooks Vivrai Sarkkinen i es, Mbar k, Aix'ev, r=,r -' ,f I e r. ubp.c.c• RE Amphitheater PIS n ribim. I am very impressed with the cooperation of all parries This, any sold was- �a tallier hiian n water ner „ 1,'F an y piea..r - that we will he able to correcl it Thanks to all Jeff Jeffrey R Liveigood, P 6 Director of Public Works and Engineering City of Boynton Beach f Ionda 561- 742 -6201 Please note that Cny Nall office hours air. % (10 h 1 ,.),i pm I n:csay ,hic,ugl. I , rt,day Please be udwsea that Flor rcL, has n hr ua,J„ vbhh / era, ds wit anr' u r/l'or „rr r '(> ,,,n 10 en, Or/ ,',u ,. , , ns in Linder Flo, Ida r ecor o's lao < add ess e' n' r , 1/1111, , ,r, ,,, rA , fl El(), 1 , , , o,r,,,, n , be subject to public disc rosw Vrrr'o - : Richard Brown [mailto,lbiown@'kaufin,rilynl (or SeLit: Wednesday, April 27, 2011 2,36 Pkii To: Simon, Michael, Ramsey, Kevin (_z: Livergood, Jeffrey, Al Philips, Vlad Dumitiescu Biopics, VivId+i, Sarl<knien, l es, Muck, /1ndrev ,-,e,E,,( 1-nd S bje.r;t: RE Amphitheatei -Plumbino Got it I have informed tlie p iirrhei t tOchard k-, Ia'rowo 11' Project Manager / (FED 6! (Tr) /Issix;ut( G"`:s ;'s:_;:'!x =_` ( ell 56J /56 37;744 It'47',1'mA”, I 'I \ 1 ( i 'ti ° fb;F' ;11 '1 From: Simon, Michael [mailto:SimonM @bbfl us] tieart: Wednesday, April 27, 2011 2 27 PM To: Ramsey, Kevin C.c: Livergood, Jeffrey, Al Philips; A /lad Dumitrescu, brooks, Vivian, Richard Blown; Sarld<inen, es, Mack n! Hi ow; (,c 1 f_andl , RE AlnphiLheatei - Plumhrncl 'I'hasnlc you E ' 1 1 0 1'1 - 'c/n•rdiiliate V 111c o!iirar i„, f 1_)('t drills, IV-wheel Simon Development Director Boynton Beach CKA 315 S. Federal Highway Boynton Beach, FL 33435 Off -(561) 737 -3256 Fax -(561) 737 -3258 simonm @bbil. v_s Disclaimer This E -Mail is covered by the Electronic Communications Privacy Act, 18 U S C §§ 2510 -2521 and is legally privileged The information contained in this E -Mail is intended only for use of the individual or entity named above If the reader of this message is not the intended recipient, of the employee or agent responsible for delivering it to the intended fecipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited If you receive this E -Mail in error, please notify the sender immediately at the phone number above and delete the infoimation fi orn your computer Please do not copy or use it for any purpose nor disclose its contents to any oilier person From: Ramsey, Kevin Seta: Wednesday, April 27, 2011 2:21 PM To: Simon, Michael Cc: Livei good, Jeffrey;_'AI Philips', 'Wad Dumitrescu'; Brooks, Vivian; 'Richard Brown'; Sarkkinen, Les; Mack, Andrew Subject: RE: Amphitheater - Plumbing Michael- Prior to having your contractor do this work, please notify Les Sarkkien and myself. This work should be performed on a Monday (that's the one day of the week that the Museuin is closed) Les Sarkkien has located a water meter that actually feeds this line it is stuck in the open position, so a new water metes will need to he installed which Les Sarkkien will ar- range the same time as the contractor's tie -ins. The water department needs to kill this line prior to your contractor tie -ins Thanks, Kevin From: Simon, Michael Sent: Wednesday, April 27, 2011 8:37 AM To: Mack, Andrew Cc: Livergood, Jeffrey; 'Al Philips'; 'Vlad Dumitrescu'; Ramsey, Kevin; Brooks, Vivian; 'Richard Brown' Subject: RE: Amphitheater - Plumbing Hello Andrew: You may have already spoken to Kevirf but we decided the best alter•naiive is to run the s/ inch to the wall outside the footer and drop supply down the wa]J to the five points of entry info the restrooms. Minks to .1X e- .1Lo los input enc; i' 1DTOL 'f ( t.VdE i (J to }ells elk J ;otibr c1iev lc he ectfully Michael Simon Development D i - ccrn, Roy ton Beach CRA. 915 3 F'edel alligh7 Boynton Beach, Ff, 33 Off -(561) 737 -3256' 1 'ax --(561) 737-3258 sum on.m @bbfl us Disclaimer This E -Mail is covered by the Electronic Communications Privacy Act 18 U S C §§ 2510 -2521 and is legally privileged The information contained in this E -Mail is intended only for use of the individual of entity named above 11 iiie reader of this message is not the intended ) ecipient, of the employee of agent responsible for delivery rg it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited If you receive this E -Mail in error , please notify the sender immediately at the phone numbei above and delete the information from your c omputei Please do riot copy o) use it fo! anv purpose qor disclose its contents `o apy othr=i per son rt oi Mack, Andrew Sic:ni i Tuesday, April 213, 201 i 6 9 PM To: Simon, Michael - Cc: Livergood, Jeffrey, AI Philips, 'Vlad Dumrtrescu', Ramsey I.r- -vfir, Subjesi: :Amphitheater Pioiecl Michael today it was brought to my attention that five (5) existing copper plumbing pipes for the existing bathrooms i_,rc tbern9 p-- routed under a 5' x 5' column under the slab Can you get with Al of Vlad and see r1 there is a hotter way to put back to plumbing If we need to meet on -site please lei me know Time IS of the essence since I believe the , Theli ooniiactor ii- ready to poui ASAP Thanks - il4: Andrew P Mack, P E , LEED AP � , Interim Building OfficiaUEngmeei City of Boynton Beaci, t - "� Y - 561 742 6350 Office «. _ "= 561 742 63.57 Fax Macka@bbfl us Note City Hall hours ate Monday - fliuisda) 7a m - 6 pm CLOSED FRIDAYS t .;...‘ , . 1 I :* r N yg# k i l ikai ^ ' * ,,, ., -, :- f ,'''' ' .....,7:. _ ":* ' • '''' ' a t 4 §' s ir d ry* r t op, .... ,. , _ AaN t 4 - fr ' e4 1. _ i s? H \ t ,. -, ,,.- : O a' ? 1 f 4. a . t a�, µ ,,} ,; xw 4 tA2 W ..H. k! W -v .,, - ;'. Il . ` P a z i. � g,.`.. K r t .' '� yam r s I '� . 4 ` `1' .+ fix . � 2,,,, �. i ' ,r 1`a *_ v � t f y r • Y � , . i s ` <A4; ' M A e� ^ x. : - , , *: , ,,- .„ r iiv M w } iii l... , , . «i: . ,e� , x.. likv F ir ,,,,,, s :' i , � ate, g o } • Y { ARCHITECTURE INTERIOR D ESIG N PLh NNI NC June 22, 20'11 Michael Simmon Boynton Beach CRA 915 South Federal Highway Boynton Beach, FI, 33435 Be: Boynton Beach Children's Amphitheater BEG No. 09014.10 Proposed Change Order No. Dear Michael. We, 1EC Architects, livc., had the opportunity to review Proposed Change Order No. 3 in the amount of $1,552 50 in association with revising the multiple underground water feeds to the amphitheater to one (1) main line and alleviate the conflicts with the new rooter for the structure. In our review, we note the following. This item is in- relation to an unforeseen condition which was not noted on the as- built di awings. The site condition consisted of 5 supply lines serving the restrooms al the amphitheater. nese lines created a conflict with the new footing required for the structure. The lines were re -piped to provide one ser vice /supply line and re- routed to avoid the new footer location. Therefore, we find the cost provided to be fair and reasonable and recommend this be Included in the project. Sincerely, Architects, Inc. Al Phillips cc: 09014.10/213 file 307 Gt en I.1 S Ste, r 00 +:! \ Tr•:s t( I'.In dcach, FL 33'21 5 - 'hunt (501) 559 = 2383 1 ,561) 6t9 1,5 -16 t e R.. r a ■ h� ar A'• 20024d7 �I FS1 19°`1 Kaufman Lynn ( oi 0ov) 1 n(- PIET 606 Banyan Tiial k-Irone: 561-361-6700 Boca Raton, FL 33431 Fax: 561-361-6979 FITI.E! Pero Drainage Change 11 A TV: 7/29/2.01 PROJECT: Boynton Beach CR A Improvements 10B: 901 TO: Attn Vivian Biooks C:ON'IRACT NO Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone (561) 737-3256 Fax (61)77-3251 RE: PCO From Number 00004! Item Description 11, ',/u2,11tiiy 1)(Lif l't ict /..4l0UUC kwoo 00001 Cost to add 40 It, Lille NDS 1, out 000 080 00 (, )0 00 1 900 00 NDS catch basin and core into existing catch basin 00002 CM Fcc bascd 011 f 5% 900 (to f/trA- if)11( 1Hit 5() oi23 $2,2,77 00 _ __------- ___ — The Original Contract Stun was 5193.,388.00 Net Change by Previously Authorized Requests and Changes. i5J9f.50 The Contract Sum Prior to This Change Ordet was $968,58 50 The Contract Sum Will be Increased 512,2 The New Contract Sum Including This Change Orden S.P70,860.50 The Contract Time Will No( Be Changed The Date of Substantial Completion as of this Change Order Therefore is ACCEPTED: Boynton Beach CRA Kaufman Lynn Construction., Inc. REG Architects By: I3y: By: Vivian Brooks Bruce Cavossa Rick Gonzales Date: Date: Date: 303 Jinn Moran Boulevard, Suite B Deerfield Bach, Florida 33442 Telephone (954) 425-77.D 'i Fax (954) 425-7718 Cpa.Coastal @aol.com State of Florio,' License 4 CUC1224809 Jeff Lieter Roy L_efex Justin Liefer Date: May 16, 2011 Rev 1 dated 5/16/11 for permit costs Submitted to: Kaufman Lynn, Inc 606 Banyan Trail Boca Raton, FL 33431 Tel: 561-361-6700 Fax 561 -361 -6979 I Attu: Richard Bi o«wn Project: Boynton Harbor I\4arina Location: Boynton Beach i Di a swings: V H B, I\vlillei sellen Sheets 01 & 02 Dated 9/14/10, Revisions thru 12/13/10 ` QUOTATION / PROPOSAL j � We, at Coastal Pipeline, Inc , hereby pi opose to furnish mate( ials, laboi and equipment fo, the following, pei attached quantities MOBJLIIZAT1`ON (each) S 750.00 DRAINAGE S8,335.00 SANITARY SEWER S N/A WATER DISTRIBUTION 5 N/A TOTAL, AMOUNT BED 59,085.00 Breakout per Permit Plan Change: Core Drill into existing structure $350.00 Additional 40 if of NDS Drain Piping 51,400.00 NDS "T" $80.00 . NDS Catch Bashi $150.00 Qualifications. ® Please see Provisions on page 2 of this Pi oposal. 9 Prices are valid foi thirty (30) days from the date of ibis Proposal Peee 1 of 3 THE FOLLOWING PROVISIONS APPLY 1 The cost of engmeermg, constntenon staking ceitifcanon o= as bunts bond fees and pennM s ,,,( not n, lude<i m this proposal 2, No demolition is included unless specifically stated in this quotano0 3 The cost of any removal, relocation, 01 support, (tempotary of permanent) of existing utilities strucnnes o, fencing is not included m this pi oposal 4 The cost of any spruticlers, landscaping, sod asphalt, concrete, curb (removal, sepal] of , eptacernent) of unmarked private utilities (repan of replacement) is not included in this pr oposal 5 Traffic control 01 barricades are not rnchlded rn this pr oposal 6 Removal or replacement of unsuitable ntatenals under 01 around any and all utilities and d arnage stews ]s the r esponsibrhty of tie ownei 7 Excess fill becomes the property of the owner 8 Price does not include replacement of finished sub -grade 9 The owner shall furnish land tequned for construction de- watering disoharue 10 Pi ice does not include cleaning, TV 101?, of repai to 1xisting s) <mins 01 structures , shrift .,n tt t £, ti/U with new construction 1 1 All density testing to be the 1esponsrbiliry n the onnc -lt,v farlulo will he paid by the ,o�rtlav°r 1? Bacteriological testing by the owne 13 \Vatei ser vices to ]unit of test as per p ono" and does not include mete, nieter box' c„ k 14 Electronic switches ale not ,nchuled 01 double detect(); heck asserublre 1 o Certifications of bacRflow pit velIto' 01 11( 11ni, detects' isle t 1S50101111es 16 Sanitary se]01ces 11' arrthu, 5 feet of hw1(110 10 0 01)55111 i'111 , r5 1 % RWL leader to vv'rthur of building tie in 'n) °thus i 8 TV'ing of pi oposed sanitary lures 11 recom ed, 0111 be 1115 11 of the 06001 9 This protect is bid m total and canr,or he sepal and weliont w! 1110 consent •nt both Jr( nv:ne ('Owner as r elm ed to above, benig the conipa'iy this sooposai is furnished %0 Price based upon one (1) mobilization additional mobilization(s) r«rll tic conside,,,d au 11na to rile - tit at 2i Included in this proposal is the cost of filter fabric uistallcd tam , tune 00001 ch anla0c itctitt e a, purposes of erosion- control All other er osion control for the piotect 1s by Ownei 22 All work to be completed according to standard practice', Any changes th the pieceduid p nidslons will he accepted only by a written older and becomes an extra to the 00011 t01 23 Payments to 00 tirade within thirty (30) days of submission of approved payment 1equesr „1.1)105- „1,: pan, when due wi11 accrue interest at a rate of 1 5% per month (1 8% arllrur,or) If non - payment resorts R- 10lgat)c'n t collect monies due under the contract, the acceptor agi_ees to pay all costs and reasonable attoinry s fee 24 Pi ices are based upon cost of materials as of the date of this 1`r oposal Actual inatcins costs , ii+ t„ determined by the cost in effect al time of Contract acceptance 25 By acceptance, this proposal and ail its contents shall become a part of, and be attached to 5,1V t0015a1 issued on the basis of the information herein, and supersedes any conditions in said conLt We propose to fiunisb laboi and mate' ats in accordance with the specifications included 10 this pr oposal and for the amount of Nme Thousand Eighty -five and 001) 00 Dollars (59,085 00) Authorized Signature _ _ _ _ Dal( PLE4SE NOTE - This proposal mar be intth& awn by Coastal Prpeiine, The , It 00! 10 cepterl mltlitrt 30 5101 - AC'C'EPTANCE OFPROPOS',4I By this. this (these) signanne(s) you ale antholizeo to do this 6 as specified above Payments to he made a outlined above Name Tide (please print) Sienatw e Date Name & Title (please print) Date 3/24/2011 Submitted to Kaufman Lynn, h c Attn. Richard Brown Project: Boynton Harbor IViarina Location Boynton Beach MOBILIZATION Mobilization 1 ea TOTAL $750 00 1 r DRAINAGE Cole existing Manhole 1 ea 4" EZ Flow Pipe 200 If NDS Dram Basin 6 ea Sand 22 tons Bedding Roel< 10 tons Coupling 19 ea 1 TOTAL $8,335 00 Ij t Paste 3 of , \ , — 1 — - — — - -- ..••_ s _. ---- --- - 4 i> ) - '.2 ' . -- 1 - 13 4 r 4 'i i - 4 tir.Z ,A -- V:7, 4 ; 4 1 0 _ C - / ' :;'. --y, _ _ -01,c-- ) ------ ---;- (f.' - - — - 1 1 ,; ' A_ ./ z 2 .., '' ' 11 : - ' 1'\ ir r;; . 4 ::: : • : : : ^ :1: '.!:‘::.;-::;•'''',:.'. k )) i -------- -- .„, - '--;-' Ce \ --44 ''' ''' .1-101111111 4 rNft l, ''.44 W ...Sk F '-' `, f,t'''', ..'%:+ - “;' - • , ;,.... 1 \''. 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ID • ■ C T —it i -.1 % ,--3 .-, II 1 1 1 , j - . , T , - --- Attachment B Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 9, 2011 Additionally, a walk -in cooler was not necessary for a structure that small, and if the restrooms were placed by the railroad track, it would provide more interior space. Ms. Brooks responded there was an FEC easement and there was the possibility of having a patio area as pavers were planned. There was a vote on the motion which unanimously passed. C. Consideration of Future Construction for Ruth Jones Restaurant Conversion Project Al Phillips, REG Architects, 307 Evernia Street, Suite 400, West Palm Beach, commented there were change orders associated with the project. He reviewed when the firm works on historic, or old buildings, they try to utilize as much of the existing material as possible. Change Order No. 6 dealt with the window and doorframe. The original proposal contemplated using wood shutters as part of the design. Once the asbestos was removed, the framing was reviewed. Due to severe deterioration around the windows and doors, they could not keep what was there and meet the current wind -load codes. Accordingly, they developed a new design for the windows and doors. Change Order No 7 dealt with roof beams. The initial design contemplated a lower ceiling; however, due to the small space, high vaulted ceilings were preferred to create a roomier atmosphere. The original roof rafters are in good condition and will be used. The original design would be changed to remove the beams designed to support the lower ceiling. This structural change was for aesthetics only. Change Order No. 8 pertained to a rotten floor joist. During the initial inspection they were not able to examine the underside of the building. When the structure was relocated, they examined the floor and determined it needed additional support and a floor joist. It was anticipated there was about 20% of rotten wood that needed to be replaced. Change Order No. 9 related to structural sheathing. When the asbestos was removed, it was learned the existing siding had severe water damage and was not sound enough to support the new siding. Instead of patching the existing siding, they recommended removing that layer of siding and installing new plywood and new siding to it. Change Order No. 11 related to windows and was discussed with Change Order 6. It was determined it would be prudent to use hurricane windows and doors. Mr. Phillips explained the change orders were due to unforeseen circumstances and discussion followed about the definition of unforeseen circumstances. Chair Rodriguez acknowledged the building was old, but questioned if Kaufman Lynn made any 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 9, 2011 assumptions about wood rot and termites. Mr. Phillips explained the standard practice is to provide for a contingency. They could not make a bunch of assumptions about the structure and they bid on the documents Chair Rodriguez commented Kaufman Lynn gave a guaranteed maximum price and it was up to them to have a contingency Ms. Brooks clarified REG was called to correct design defects that were discovered by Kaufman Lynn. REG represents the Agency and has the designs. Kaufman Lynn then bids the design and determines if the bid is fair or not Discussion followed REG had a similar situation in Lake Worth in reference to the casino project. Typically, historic projects are bid as Construction Manager -at -Risk projects. Once the change orders are compiled, they issue a main change order. Mr Phillips explained they have a contingency, and when the change orders are approved, they are paid from contingency. He recalled other instances when a municipality paid for a change order using the Construction Manager -at -Risk methodology and discussion followed whether the change orders should be absorbed by Kaufman Lynn Attorney Cherof clarified, as to the change orders and whether Kaufman Lynn should pay for them, the original draft Construction Manager at Risk Contract was not the final document. There was negotiation and part of that negotiation whittled down the pure concept of the Construction Manager being fully at risk. He expressed he was troubled by the conduct of Kaufman Lynn and REG Architects as it pertained to the change orders. He thought if the Board wanted to consider approving the change orders, they should do so on a contingent basis, without the Board waiving its right at the end of the project to do a "true up" and examine everything that was submitted and approved to date. Attorney Cherof further clarified he made the recommendation because currently, Kaufman Lynn perceived they were in a contract delay; however, Attorney Cherof disagreed with their perception. He also anticipated the Board would receive a change order for their construction delay, which was not the fault of the Board or the CRA. In anticipation of that change order, he recommended the Board preserve its right to challenge and conduct a true -up to determine if the guaranteed maximum price was exceeded or not. He pointed out it was possible the project could still come in under budget, but if it came in over budget, it was important to reserve the right to challenge each change order to determine whether REG, in their performance, properly examined the project, made the determinations and provided the base documents from which the Construction Manager based their project and proposals. Chair Rodriguez inquired if some of the change orders should be covered under the guaranteed maximum price Attorney Cherof responded some should not, but he recommended approving them contingent on the right to challenge them on a later date when the contract is trued -up. This would avoid any claim by the Construction Manager that the Board engaged in conduct, which delayed the project, resulting in additional damages at the end of the true -up period. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 9, 2011 This was done the first time the Board approved a change order. Mike Simon clarified the motion was to deny the change orders and reserve the right to bring them back. Discussion followed the Board has the right to deny the change orders being requested but the contractor's position will be they cannot continue without the Agency's approval of changes in the work. The Board's review cannot be completed at the meeting to determine if each change order was appropriate under the contract terms or appropriate under the facts. The Board should reserve their determination, but allow the project to go forward. He explained when the project reaches the guaranteed maximum price, Tess the change orders, the Board should stop approving change orders. Motion Mr. Holzman moved to conditionally approve the change orders subject to the reservation of rights by the Community Redevelopment Agency to challenge those at the close -out of the project. Mr. Karageorge seconded the motion. Chair Rodriguez opened the floor for public comment. No one came forward. Chair Rodriguez commented, one or two meetings ago, he expressed concern about the expense the Agency was incurring on the Cottage and that they could build two or three buildings for the price of the Cottage. He commented he could no longer support the project when they negotiated a guaranteed maximum price contract and the contractor explained he was absorbing all risk, and then came back with change orders. He did not think the Board was being fiscally responsible with tax dollars. There was a vote on the motion, which passed 6 -1 (Chair Rodriguez dissenting). XIV. New Business: A. Consideration of Approval of the Sidewalk Cafe Code Amendments This item was heard earlier in the meeting. XV. Executive Director's Report A. Project Status Update None. XVI. Future Agenda Items: 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 9, 2011 A. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics B. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) C. Consideration of Recommending to City Commission the Time Certain Creation of an Independent CRA Board (Per Board direction to be done in Oct.) D. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) XVII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8.35 p m. Catherine Cherry Recording Secretary 081011 15 icrt,;,i.tipc. CRA 1.1 East Side —West Side — Seaside Renaissance CRA BOARD MEETING OF: August 9, 2011 j Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Legal J 1 Executive Director's Report SUBJECT: Discussion of Proposed Change Orders Associated with the Ruth Jones Cottage Project SUMMARY: At the March 9, 2011, CRA Board meeting, the Board approved Task Order No. 2 Under Continuing Contract with Kaufman Lynn Construction Inc. for the completion of three Ocean Avenue Projects: Boynton Harbor Manna Entry Feature, Ocean Avenue Amphitheater and Ruth Jones Cottage Relocation. As of the today, the Boynton Harbor Manna Entry Feature and the Ocean Avenue Amphitheater projects are nearing completion without any delays or major issues. The Ruth Jones Cottage project has proved to be more challenging. The current construction phase has revealed structural weaknesses and deficiencies within the structure itself. These unforeseen structural weaknesses and deficiencies required Kaufman Lynn to issue Requests for Information (RFI) Orders to REG Architects in order to obtain detailed design and engineering direction in order to address each discovered construction concern The lack of noticeable progress is a direct result of the time it takes to produce and respond to these RFIs. Based on the architectural directives provided by REG, Kaufman Lynn has generated a list of Proposed Change Orders (PCOs) corresponding to each RF1 totaling $16,758.52 and General Conditions of $28,457.70 up to the completion date of September 19, 2011. Additionally included are PCOs relating to necessary architectural /engineering design revisions being made to the window package in order to accommodate a future restaurant which total $6,808.35. FISCAL IMPACT: $52,024 57 — Reallocate unutilized Cornerstone DIFA #02 -58400 -443 of $56,000 to Construction in Progress #02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: Community Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS : Option 1: Approve the change orders under Task Order No. 2 associated with the Ruth Jones Cottage project in the amount of $52,024.57. Option 1 • Deny the change orders under Task Order No. 2 associated with the Ruth Jones Cottage project in the amount of $52,024.57. Vivian L. Brooks, Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings18- 9- 111Jones Cottage Project Change Orders doc LYNN IA I\ 5TR1 July 15, 2011 Boynton Beach Community Redevelopment Agency Attn: Vivian Brooks 915 S Federal Highway Boynton Beech, FL 33435 Mrs Brooks, Please be advised on July 8 2011 Kaufman Lyrin ecperienoed adelay resulting from non - applicable permitted structural reinforcement details as patainsto the Ruth Janes Cottage award carpentry oornnienced on July 5 and was ceased on Jidy 8 The remaining structural reir>forosment and subsequent r mainingbcaltingshell activities can not beccmpleteti at Mistime. Please allow the following to address section 832 of the contract a rta milt. This delay is a direct result of the =ally open RFI numbers 4, 5, 9,10 and 11 as submitted to-REG Architecture on 817/11, i7/11, 7/2111, 712111 aid 7/2/11 respectively. The anticipated delay isa Mt to the build shill completion. The Went of the tfday c ordinues and is unknown at this time The reJ(anmended solution is to resolve the open RFI's and receive corrected strudld'at drairings to address the open RFIs via REG Architecture Evaluation of the CPM adiedu deoffers the etrudurti reinforcement as per the currently permitted plans is not possible-thus affecting the setting of thebunidirig on the foundation and subsecsrently the interior and exterior fronting, winds ws, doors and eking elements of the project. The eitework tiredly surrouirg is also affected asthe bullring isnot at Seeattadi®d CPM schedule To addreassections4.4 and 7.4 pestat>ing to delay of the coital agreemeit in rggardsto the assignment of cost related to the above mentioned delay Kaufman Lynn Construction, inc. can not assign aoot it this time as the full anent of thedelay is unknown Pbssibie overhead aid sr ioonired costs may result from the required details needed to address the open fins. Ride rd E. Brown i I I Received by: f: j 4 „/"._.) Project Manager $l Jre v /f1 1 _, % rf d'^ 6..„4.,/,c 0 4- _.— _____ PAW EE4CH - - — -__ f QWAirD - - MiAtli.OADE - __ -- - -_ UFMAN LYNN w knufrnuni r.n corn ,NSTRU(:TION Claim for Additional General Conditions Narrative As per the Delay letter dated 7/15/11 and revised CPM schedule attached to it the Ruth Jones Cottage has been in delay since July 8 due to non - applicable structural reinforcement details, unknown structural conditions and subsequent future tenant considerations in design. As per the current continuing task order contract the three projects: Children's Amphitheater, Ruth Jones Cottage and Marina Entry were budgeted concurrently in regards to general conditions and labor. The completion of the Children's amphitheater and Marina Entrance is slated for August 19 The completion of the Ruth Jones Cottage is unknown at this time. As per the direction received at the City Council Meeting all changes must be reviewed by the City Council in regards to the projects. As the date of this meeting is August 9 the delay will continue until a mutually acceptable resolution is agreed to. Considering the information above the request for general conditions has been reviewed in terms of a daily cost which calculates at $810.40 per day for Supervision, Project Management and Administration and $138.19 per day for General Conditions. The attached spreadsheet taken directly from the current task order schedule of values divides the general conditions and overhead for KLI personnel into a daily figure for each line item. Currently the extended duration is unknown since it is pending City Council approval of additional and changed scopes of work as well as the construction documents for the tenant build -out. Upon approval of the revised scope of work Kaufman Lynn will provide a CPM schedule for the completion of the Ruth Jones Cottage. PALM BEACH BROWARD MIAMI -DADE 606 Baryon Tani Beta Baron Fl 33431 498714 Unrvers,ly 01 tt13A teederhrll 81 33351 1200 Si Kiel' Ave 111950, Mramr Fl 33131 Pk 561 361 6700 fA 561 361 6979 PH 954 320 7022 00- 954 320 7025 PH 305 400 6160 IX 305 424 9073 i r M �n � o � p o e.I ' o;0 0 of G 0 0 01 c ab; v�I�n o 0 o v' V 1 vtoIS o ''"t. A A 41 6, r., O,< . N .� 1 r ' x T 7 0, 0 W � - ' - Q ' N N9 EC A 409 V9 69 V9 �V9 b" 1 � 6A V9 A A i L L d d o co 0,7000 0000 pop o n V) h p O O h V) 'et 0 0 C 0-9/ • Ch O O. r e V: O O n N Q S p •-• ew N N ei M N ++� r�i er O N co 7 g o I ' { i 609 6A 69 Vi 65 6 609 609 6A V9 N3 6A fN I 8 ... O O O o{o' -,� I O 'IO ° ' O� O' O I 0 1 0 O O O �O V) O O O,O O O 7 '0 �1O, 0 h o 0 O' v) ,r, ti= i N 0 d N Q <t en 90 I re. 0 R O ee a. ^I c d •C L a. a O I O C e e 0 1-1 111 o Io Io 0 10 O O �f O V on E f, II _- _-- I _ _ _ — f -- _ ' , N O O 1 r I,' o o o aC N , •• Y I I 3 6 - 1 / 1 to , 3 3 ' 3 3 ' E n ,',,I � V, 3 P — 1 ---- -- . �_, - - - , ' - iI -� 4 010.0'0 9 Ii a , n — O � I V,�'v) ' NON 4 OE 1; d I ■ i 11 t , - -, ;--,— • 1 -} ' ■ III I It PA N 11 d II E x i C 6v X I z o' y m a1 t e1 a m farl D � ' O I d a, WW c a Ih IJ1II I h t y 6 - v a Q,�, Yi O O V) O O O O O 0 0 Y) V9 It of r'f N H in VO ear V7 0 0 a O+ t- Z.: 0 ...I o. v. V 0 0 0 0 0 0 0 0 0 0 0 0 0 a , f , 1Cla KAUFMAN LYNN v a «'.naufnlnnlynn orr. `NSTRUCTTO\ Proposed Change Order Explanation Narrative: PCO # 5). Cottage Chimney Structural Surround: Change resulting from existing conditions as questioned by KLI in RFI # 10. As per the contract document the existing chimney was to be salvaged and transported with the structure. Upon interior demolition the existing structural framing surrounding the chimney was deemed inadequate to carry the load of the required structural reinforcement. As a result reinforcement at this area is required. Pricing is reflected here. PCO # 6). Cottage Structural wall repairs: Change resulting from existing conditions realized once demolition of interior wall boarding and exterior siding was commenced. The existing structural integrity of the wall and exiting opening locations was not suitable for remedial repair as per the contracted plans. This cost relates to the added detail # 6 on Sheet A5.1 as required to reinforce the structural integrity of the exterior walls. Pricing is reflected here. PCO # 7). Cottage Roof Beam Details and Support: Change resulting from non- applicable roof beam reinforcement details. The indicated glue lam beams and prop studs could not be implemented as per the contracted details. As a result the details were questioned by KLI in RFI # 4 and the result was a site visit to review with the engineer of record. As per revised sheet S1.3 dated 7/22/11 the new structural reinforcement approach addresses not only the basic support but the future tenant needs and selected layout. Pricing is reflected here. PCO # 8). Cottage Rotted Structural Elements: Change resulting from existing conditions as questioned by KLI as per RFI # 5. Upon demolition of the asbestos laden and lifting of the structure by the house mover structural elements were deemed as rotten and damaged to the point of necessary remedial repair. Specifically the floor beams, floor joists, wall studs and rafters in many locations throughout the structure. As a result detail 12 on S1.3 was added and details 1 and 2 on S1.4 to repair these elements. Pricing is reflected here. PCO # 9). Cottage Structural Sheathing: Change resulting from existing conditions as questioned by KLI as per RFI # 8. Initial RFI requested limits of repair as per contracted drawings. The site visit resulted in the determination that the exterior sheathing was in fact providing lateral support to the extent it would need to be removed and replaced in total with 3 /4" plywood throughout as per added detail 2 on S1.4. Pricing is reflected here. PALM BEACH BROWARD MIAMI -DADE 606 Banyan Iran Bnrn Raton Fl 33 =31 4987 r1 Unrver Dr, Pi' '3A Lauderhill Fi 3335) 1200 Brnrkell kve„ t1950 ✓Tana Ft 3313r PH 561.361 6790 FX 561 361 6979 PH 954 320 7022 FY 554 320 7025 PH 305 400 0160 05 305 424 9073 KAUFMAN LYNN In STRUCTTON PCO # 10). Cottage West Patio Revision: Change resulting from future tenant needs and direction received from REG dated 7/26/11. The new patio layout differs from the original contract drawings patio layout. The current direction considers the future tenants needs. Pricing is reflected here. PCO # 11). Cottage Windows: Change resulting from future tenant needs and direction received from REG dated 7/1/11. Original contract drawings indicate replacement of select windows. During permit submittal revisions all windows were revised to indicate impact and as such to be replaced in total. The latest direction, sizing of windows and doors, stems from the future tenant needs and selected layout. Pricing is reflected here. PCO # 12). Cottage Delay General Conditions Daily Rate: Daily calculation of General Conditions resulting from RFIs 4, 5, 9, 10 and 11 and subsequent changes to the contract drawings and scope costs. Cost proposal pertains to the continued compensable delay to the project. The overall applicable duration is unknown at this time as to finalize the total cost. PALM BEACH BROWARD — MIAMI -DADE —° 6u6 Banyan Trwl Boa Roion f1 33431 470714 Unr'eriily Dr -fly, IouderhUl ft 33351 1200 B +uke( 6 e u 1550 Mioni FL 33 PH 561 361 6700 10 561 301 6979 PH 954 370 7022 FY 4 54 320 7179 PH 395 400 060 10 305 474 9073 Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00005 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Chimney Structural Surround DATE: 7/22/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Chimney reinforcement due to existing conditions as per RFI # 10. Install new 2 x 12 header with 2 x 4 cripple studs to underside of top plate. Header to span entire width of chimney height. *Plus General Conditions to be based on compensable delay Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Install new 2 x 12 header with 2 1 000 $562.00 0 00% $0.00 $562.00 x 4 cripple studs above to under side of top plate. Header to spane entire width of chimney height. Labor 2 men, 8 hours at $45 00 = 8720.00 Material lumber, plywood and straps = $102.00 Schiappa Markup = $ 100.00 00002 CM Fee based on 15% 1.000 $84.30 0.00% $0.00 $84 30 00003 General Liability Insurance 1.000 S3 88 0.00% 50.00 53.88 based on 60% 00004 Bond based on 1.27% 1.000 88.26 0.00% SO 00 58.26 Unit Cost: $658.44 Unit Tax: $0.00 Total: $658.44 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Expedr000 0 raga NM Ma aft II ..��rR... WS Oa r IM BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #6 In reference to RFI 10 SCOPE OF WORK Structural wall area at chimney Install new 2 "x 32" header with 2 "x 4" cripple studs above to under side of top plate. Header to span entire width of chimney at mantle height. Use same framing method as over new doors. a) Labor - 2 men, 8 hours at $45.00 $ 720.00 b) Material - Dimensional lumber, plywood straps and nails $ 102 00 c) Supervision, overhead & profit $ 100 00 TOTAI. $562.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00010 606 Banyan Trail Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Chimney Details vs Vaulted Ceiling DATE: 7/2/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 7/9/2011 Please review the existing chimney in regards to the intent of the vaulted ceiling in that space. Details for the chimney header will needed to be reviewed and clarified for the overall intent of the buildout space. Requested By:Kaufinan Lynn Construction, Inc. Date: 7/2/2011 Signed: Richard E. Brown, III ANSWER: 2 / 2 x 12 initial feeback from andrew Morgan dated 7/28/11 via e-mail. Answered By: REG Architects Date: 8/1/2011 Signed: Al Phillips Richard Brown From: Denise Cravy [Denise @regarchitects corn) gent: Thursday, July 28, 2011 11 09 AM To: Richard Brown, Gerard Landi Cc: Simon, Michael, Al Philips, Vlad Dumitrescu, Andrew Morgan Subject: FW 09014 08_BB CRA Cottage - Updated RFI Log - 07 26 11 Rick /Jerry, Please see below regarding RFI's #9, #10 & #12. Thank You, Denise 5. Cravy REG Architects, Inc. Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. Original Message From: Andrew Morgan [ mailto: an - drewconsulting @ieilsouth. net ] Sent: Wednesday, July 27, 2011 4:44 PM To: Denise Cravy Subject: Re: 09014.08_BB CRA Cottage - Updated RFI Log - 07.26.11 Denise. RFI #9 - Does it matter what method is used to replace rotten siding with new 3/4" CDX plywood? No. g ispoiammmulliplifierofdros~kasm i k RFI #12 - The awning will be fastened to the exterior of the west facade. Need to Reinforce the wall horizontally at this location. Add 2 studs at support. Thank you, Andrew Morgan, \ndrew Morgan Services, 513 US 1, Suite 109, North Palm Beach, FL 33408. T. 561 881 8999 F. 561 881 0087 r Original Message From: Denise Cravy Sent: Wednesday, July 27, 2011 2:05 PM To: Andrew Morgan ubject: RE: 09014.08_BB CRA Cottage - Updated RFI Log - 07.26.11 Thank you Andrew, A few items to finalize: RFI #9 - Does it matter what method is used to replace rotten siding with new 3/4" CDX plywood? RFI #10 - Chimney header at exposed ceiling. I have requested photos of this area. This will need to be looked at from a design standpoint. RFI #12 - The awning will be fastened to the exterior of the west facade. Need to Reinforce the wall horizontally at this location. Thank You, Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from ,ny computer or other data bank. Thank you. Original Message From: Andrew Morgan [ mailto: andrewconsulting@bellsouth.net) Sent: Wednesday, July 27, 2011 4:38 AM To: Denise Cravy Subject: Re: 09014.08_BB CRA Cottage - Updated RFI Log - 07.26.11 Denise, I sent you updated plans that cover the new framing required due to the mechanical mezzanine. I think that we are up to date on the RFIs. Thank you, Andrew Morgan, Andrew Morgan Services, 513 US 1, Suite 109, North Palm Beach, FL 33408. T. 561 881 8999 F. 561 881 0087 Original Message From: Denise Cravy Sent: Tuesday, July 26, 2011 4:46 PM o: Andrew Morgan Subject: 09014.08_BB CRA Cottage - Updated RFI Log - 07.26.11 2 Andrew, Please see attached RFI log. Do you have any of these details ready? Thank You, Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. From: Richard Brown [mailto:rbrown @kaufmanlynn.com] Sent: Tuesday, Duly 26, 2011 2:24 PM To: Denise Cravy Cc: Gerard Landi; SchiappaConst@aol.com; Simon, Michael Subject: Updated RFI Log For your records and review. Looks like we are down to only a few open. Rick Brown Kaufman Lynn Construction, Inc. 1 Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00006 606 Banyan Trial Phone: 561 -361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Structural Wall Repairs DATE: 7/28/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Structural Framing Cost associated with added detail # 6 on sheet A5.1 attached, transmitted via REG in response to RFI # 1 for the Ruth Jones Cottage. *Plus General Conditions based on compensable delay. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 New structural opening framing 1 000 $3,353 00 0.00% SO 00 $3,353 00 including flitch Plates consisting of (2) 2 x lOs with 1/2" plywood between Labor 3 men for 18 hours 845.00 = $2,430.00 Materials - lumber, plywood, metal straping and nails= $625.00 Schiappa markup = $458 00 00002 CM Fee based on 15% 1 000 $503.00 0 00% 50 00 $503.00 00003 General Liability Insurance 1.000 820 12 0.00% $0 00 $20.12 based on .60% 00004 Bond based on 1.27% 1 000 $49.23 0.00% $0.00 549.23 Unit Cost: $3,925.35 Unit Tax: $0.00 Total: $3,925.35 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Expedmon = : Nrnin" nn - y .. . te r . ui •• Mt OLS BOCA BATON, FL. RUTH JONES COTTAGE June 30, 2011 Boynton Beach, F1. CHANGE ORDER #1 Ref. to RFI # l SCOPE OF WORK As Der new detail 6 on A -5.1 New window and door structural framing. Remove existing window, door and studs and reframe using new detail scope work as affects all four exterior walls. a) Labor - 3 znen, 18 Hrs @ $45.00 S 2.430 00 b) Material - dimensional lumber, plywood, metal straps and nails. S 625.00 c) Supervision, overhead and profit. $ 458.00 TOTAL $3,353.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00001 606 tiauan Twit Phone: 561 - 361 - 6700 Boca Raton, FL 33431 Fax: 561 - 361 -6979 TITLE: Window & Roof Framing DATE: 4/25/2011 PROJECT: Boynton CRA - Ruth Jones Cottage J013: 907C TO: Attn: Al Phillips RFC Architects STARTED: COMPLETED: REQUIRED: 5/2 /201 Re: Existing framing, Ruth Jones Cottage We have removed some of the siding on the interior of thc Cottage and examined the attic space and have discovered the following items. Windows: The existing windows are the old sash type w /counter wieghts. Therefore there are 110 jack studs supporting a header above the window.The "headers" are 2x4's on the flat toe nailed in through the studs for support. The cripples underneath the windows arc rotted. [ see photo's ] Please advise on refraining the windows. C'ieling /Roof: The ceiling joists span from exterior wall to exterior wall and are 2 "x6" ( north /south ] There is a stiftback that is running perpendicular to the joists that is attached with metal straps( see photos] and hears on thc living room wall. Since the roof is constructed using a Ridge Beam /Joist system and not Trusses,[photos] we will be unable to support thc ceiling after the interior walls are removed. Please advise how you would want us to support the ceiling. Requested By :Kaufinan t ynn Construction, Inc. Date: 4 26 2011 Signed: • Jcn) Landi ANSWER: 141N1001,5 PL, 5 Poo cab UE L) [SO) *ger A - Ss) Is) fetor: Ln4C 5- AND A-4.1 THE IN-re r +5 II ACm ? fe `1t-S rN THt c. t9c,m cimuty 'Tt- t oPra5 ON( -Lx- 61‘)Y-IN Ur W -S Al 0 4 - - � t )i RLFtr • I Answered R }:RE:G Atchiteels Dale: Signed: Al Phillips 2,06 .+ zuli4„,,,,, v de w f ; -"----"\---"■------"\--" ' .(-] s 2 4 0 PO I gu X 4 al 4 .; 9: O V wL O V ft 1 0 idi � _ soQ n � I L 4 H--1 1.7)14 , IP , , --- ' ` -- w2Wa W J ts 4 e=.. f ,�/ �I 1 i1 ii W ti 1 f 6 2 ; to nr -7 toe _ 0 n ' 7 9 - W 2d , ; ; I I. a I ; a0 lii yr Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00007 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Roof Beam Details and Support DATE: 7/28/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Roof reinforcement costs stemming from non - applicable structural detail 10 on S1.3 as raised by RFI # 4 and more currently altered reinforcement to allow for vaulted ceiling in dining area in anticipation of new layout. Cost for structural framing as per S1.3 revised 7/22/11. Removal of existing 2 "x 6" ceiling joist and redesign on roof framing, Remove 2 "x 6" ceiling joist through out structure. Add new 2 "x 4" collar ties metal straps and 3/8" plywood to underside of existing 2 "x 6" rafters and collar. *Plus General Conditions based on compensable delay. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Glue laminate beam and prop 1,000 (52,145.00) 0.00% 50 00 ($2,145 00) stud credit Material (51,335.00) Labor (5810.00) 00002 Labor for ceiling joist and 1 000 53,991.00 0.00% 50.00 $3,991.00 redesign of roof Gaming to allow for vaulted ceiling - 3 men, 18 hours atS4500= 52,430.00 Material for ceiling joist and redesign of roof framing to allow for vaulted ceiling as per revised S1.3 — 51,040.00 Scluappa Markup = 5521.00 00003 Structural mezzanine framing 1 000 52,537.00 0 00°6 50.00 52,537.00 as per S1.5 received 7/22/11. Labor 2 men, 18 hours at 545.00 per hour = 51,620.00 Material lumber, plywood metal straps and nails = $586.0C Schiappa Markup = 5331 00 00004 CM Fee based on 15% 1.000 5657.00 0.00% 50.00 5657 00 00005 Liability Insurance based on 1.000 $30.24 0.00% 50.00 530.24 .60% 00006 Bond based on L27% 1.000 564.39 0.00% $0.00 $64.39 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Expedition Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No, 00007 606 Banyan Trial Phone: 561 -361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Roof Beam Details and Support DATE: 7/28/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Unit Cost: $5,134.63 Unit Tax: $0.00 Total: $5,134.63 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Page a cf i E%pCdtdOn : s. == �a BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #7 In reference to RFI 8 SCOPE OF WORK As per S -1.3 dated 7/22/11 Elimination of Glulam beams and prop studs. A deduction of $2,145.00 for labor and material from original contract price is given back in leiu of new ceiling design. a). Gluelam beams - material ($ 1,335.00) b). 3 men, 6 hours at $45.00 ($ 810.00) TOTAL ($2,145.00) h &ir r r BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #3 SCOPE OF WORK As per revised S -1.4 roof Framing Plan received 7/22/11 Removal of existing 2 "x 6" ceiling joist and redesign on roof framing, Remove 2 "x 6" ceiling joist through out structure. Add new 2 "x 4" collar ties metal straps and 3/8" plywood to underside of existing 2 "x rafters and collar ties through entire ceiling a) Labor - 3 men, 18 hours at $45.00 $ 2,430.00 b) Material - dimensional Lumber, plywood straps and nails $ 1,040.00 c) Supervision, overhead & profit $ 521 00 TOTAL, 53,991.00 m e n BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #2 SCOPE OF WORK As per new 5-1.5 Mechanical Mezzanine plan Structural framing Install double 2 "x 8" floor joist under new 2 "x 4" bearing walls 16" OC with 3/8" plywood one side of each wall, 2 "x 6" ceiling joist 16" OC, blocking and'' /z" APA rated plywood on top of joist. a) Labor , -2 men, 18 hours @ $45 $ 1,620.00 b) Material - dimensional lumber, plywood, metal straps and nails $ 586.00 c) Supervision, overhead and profit $ 331 00 TOTAL $2,537.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00004 606 Banyan Trail Phone: 561- 361 -6700 '3oca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Roof Beams DATE: 6/7/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 6/14/2011 PLEASE REVIEW THE ATTACHED PHOTO OF THE RAFTERS AND FLOOR JOISTS. IF THE BOTTOM OF THE ROOF BEAMS ARE TO BE 1 3 /2 ABOVE THE TOP OF THE CEILING JOISTS Z 10-S1.3] THEY WILL BE ABOVE THE ROOF LINE AT THE WALL. PLEASE ADVISE Requested By:Kaufman Lynn Construction, Inc Date: 6/7/2011 Signed: Richard E Brown, III ANSWER: Revised S1.4 received via Andrew Morgan and REG 7/22/11 Answered By: REG Architects Date: 7/22 /2011 Signed: Al Phillips 4� ' rr`., 'b. , b — d i • • . I r I 1 9 I 1' x U 1 J • tY >c:—, r .. V Ili • Y . I ' l • • I • u I' 3� 4 ' R 4 t 11 1 N IP i \ 1 1 i \ lai „ ”i ; 1 1 1 \ II ^'{ a mot RI MR al I 1 +g 0 s e P H4 1 y s 1 Q o Q 4 r -ur r -!r f t I f 1 - L — —I — -- - - -- O i 1 � 1 - - i —_ I r--- . --1 - -_ ' f j -- la L 1 r -r s r r i s r =1 ------71 - - -1 - - IJ 1 - f 4. -_ ' 1 $ 1. 1 �J R - - - =W- - - ; —Q II I�1 — --- 1 I -- - - P ' i f 11 1 1 I 15 I � 1 1 s 1 II 1p 1 1 �� 1 � I S ro ` `� 1 f-.11 11 r r I , rr IN Hill 1 Pi • ,9 r .... i ., i :-.;-1:::c: 1 1 I i r i a g -...... ;;;14 c " ! r � !IiI e g g °��' ►�� :y,, I . f' 1 1 �; 1 _ - f r � / I %� 7 1 i` 1 � N �—,i \\ _ 4 \ / ,,/- -r a .....„....z, 4.rup./r/yti � \ iv t Z _ I ,I- ( I V 2 -10 / I / = DOOR till 7 \ m /- - -{ , _ -- _ _ �^ i Mtge \ ! i / -a- t- } I r --- 1�r 1 1 I 1! \ 6'4' 2' -5" 0 fRF ST QQM FLANS 1/4" = 1' -0" ■ G PROJECT: BOYNTON BEACH JONES - I'S s RF1 _ 1 1 • P COTTAGE RELOCATION ani N r/ N xR N R J B Oas S Address: J N C O R P O R I r t D Ocean Avenue & SE 4th Street n" BOYNT'ON BEACH, FLORIDA 33435 WEST PALM BEACF1 1 I t ; .� qp 6 � 33401 1) - 6 S 9 - 1 3 1 JOB * 09014.8 I DATE: 07 -21 -11 I RFl #11- BEARING WALL REINFORCES EST. 1988 \ ✓ —\\ ., _,_„., ,T, ',,,. .1 1 7 -10 7 -11 T -tU' _ f . , ._ _ _ ______ _._____ - _ _4 — _ _ — I _ - M I 15 1 '1 --- 4 -- t __ LCTS- SOStS, STAAB RA5 19 /RIPPLE STUDS ^4 . %s — — € - -- -- --L o 4. 2- r+2.5n STRAPS RD5 ID DOUBLE SAWS / L - - rit d 1' i - -- r —__. k]�INCc.diEKAT24 DC . — __ i I 0 i a CDATIRN _ 1 a ____ ! J ,,____ _ — — +- — _. " —.,f ..... ._ g n f -: QD - -. - r2. —4111I - III - -_ ij ............. .._, 1 ,,---,\ — 1 t Bat I a I 1 I' t .T.-' - I 'gyp- - .--- -- \ i. I , / 7 -3 ---- 14 1 I Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDE No. 00008 606 Banyan Trial Phone: 561 -361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Rotted Structural Repairs DATE: 7/28/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Cost associated with repair to rotted floor joist as per RFI # 5. As per added detail 12 on S 1.3 repairs are to span from bearer to bearer. Also includes 2 "x 8" floor joist, 2 "x 4" wall studs and plates and 2 x6 rafters as needed to repair rotted areas. *Plus General Conditions based on compensable delay. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Replace or sister all structural 1.000 $2,220.00 0.00% $0.00 $2,220 00 dimensional lumber 4 "x 6" floor support beams, 2"x 8" floor joist, 2"x 4" wall studs and plates and 2 x6 rafters. Labor 2 men 12 hours at $45.00 per bour = $1,080.00 Material lumber straps, and nails = 8850.00 Schiappa Markup = S290.00 00002 CM Fee based on 15% 1.000 $333.00 0.00% 80.00 $333 00 00003 Liability Insurance based on 1.000 515.32 0.00% $0 00 $15.32 .06% 00004 Bond based on 1.27% 1.000 832.62 0.00% 80.00 $32.62 Unit Cost: $2,600.94 Unit Tax: $0.00 Total: $2,600.94 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: aeon t. r ��_ S BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #5 In reference to RFI 5 SCOPE OF WORK Rotted structural lumberrepairs As per revised S1.3 dated 7/22/11 Replace or sister all structural dimensional lumber 4 "x 6" floor support beams, 2 "x 8" floor joist, 2 "x 4" wall studs and plates and 2 x6 rafters. a) Labor - 2 men 12 hours at $45.00 $1080 00 b) Material - dimensional lumber, straps and nails $ 850 00 c) Supervision, overhead & profit $ 290 00 TOTAL $2,220.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00008 606 Banyan Trail Phone: 561- 361 -6700 'coca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Exterior Existing Siding DATE: 7/2/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 7/9/2011 Please advise as to the limits of the existing rotten wood siding to be replaced. Areas to be reviewed at our 6/24/11 site meeting with Andrew Morgan. Requested By:Kaufman Lynn Construction, Inc. Date: Signed: Richard E. Brown, III ANSWER: Per Andrews review and direction the existing siding adds lateral support to the structral framing and new 5/8" CDX will be required throughout the exterior. tevised SIA Received on 7/22/11 via Andrew Moragan and REG. Clarified to be 3/4 ". Answered By: REG Architects Date: 7/22/2011 Signed: Al Phillips Jun 17 11 11 57a Andrew Morgan 5618810087 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00005 606 Banyan Trail Phone: 561- 361 -6700 Boca Raton. FL 33431 Fax: S61 -361 -6979 TITLE: Rotted Floor Joists DATE: 6/7/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Aim: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 6/141201 SOME OF THE FLOOR JOISTS ARE ROTTED BOTH AT THE PERIMITER AND INTERIOR OF THE COTTAGE, PLEASE ADVISE AS TO LIMITS OF REPLACEMENT AND ATTACHMENT FOR NEW MEMBERS. Requested By:Kaufnun Lynn Construction, Inc. Date: 6/7/2011 Signed: _ Richard E. Brown, «1 ANSWER: .. 126PLA: a AL i'Vorc> eX151146 CoMm Tot.S, Atek" dam TD t4tow @, > » /045trtlf6 itordart - Po IZ i)+0' tr. 6(s t.3 6(1 1 it Answered By: REG Architects Dntc: Signed: M Phillips Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00005 606 Banyan Trail Phone: 561- 361 -6700 loca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Rotted Floor Joists DATE: 6/7/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 6/14/2011 SOME OF THE FLOOR JOISTS ARE ROTTED BOTH AT THE PERIMITER AND INTERIOR OF THE COTTAGE, PLEASE ADVISE AS TO LIMITS OF REPLACEMENT AND ATTACHMENT FOR NEW MEMBERS. Requested By:Kaufinan Lynn Construction, Inc. Date: 6/7/2011 Signed: Richard E. Brown, III ANSWER: As per our site meeting with Andrew Morgan 6/24/11 the rotted floor joist are to be removed back to the first pier and replaced with 2 x 6 on either side sistered to the new 4 x 6 and tied to the stemwall. Revised S1.3 received via Andrew Morgan and REG 7/22/11. Answered By: REG Architects Date: 7/22/2011 Signed: Al Phillips _ S CJ :1 r C") C o w _F z rm n CD LLI cn to 1--- cn = o O :� N W N CC ii m i O ` J O I z z� i cp 0 re W Q] ca c Lai ? zz La- a° j < N N z N 1 T --- I Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDE No. 00009 606 Banyan Trial Phone: 561- 361 -6700 1 3oca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Cost for Structural Sheathing DATE: 7/28/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Removal and Replacement of exterior structural sheathing as per RFI # 8 and Section 2 on S1.4 received 7/22/11. *Plus General Conditions based on compensable delay. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Removal of Existing Structural 1 000 $3,789.00 0.00% $0.00 $3,789.00 Sheathing Throughout. Reinstallation with 3/4" plywood as per new Detail 2 on 51.4 dated 7/22/11 Labor: 3 men for 15 hours @ 45 per hour = 52,025 00 Matenal 3/4" plyoow and nails = $1,270.00 Schiappa Markup = $494.00 00002 CM Fee based on 15% 1.000 $568 35 0.00% SO 00 $568 35 00003 Liability Insurance based on 1 000 $26.14 0.00% $0.00 $26.14 .60% 00004 Bond based on 1 27% 1.000 $55.67 0 00% $0 00 $55.67 Unit Cost: $4,439.16 Unit Tax: $0.00 Total: $4,439.16 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Enped,hon BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, FI. CHANGE ORDER #4 SCOPE OF WORK As per section 2 on S -L4 roof Framing Plan received 7/22/11 Demo & Installation of exterior structural sheeting: Remove existing 1 "x 6" structural siding on all exterior walls and install new V." CDX plywood a) Labor - 3 men, 15 hours at $45 00 $ 2.025 00 b) Material - plywood and nails $ 1,270 00 c) Supervision, overhead & profit S 494 00 TOTAL $3,789.00 o 1, _ ---LIN■11-4:— ---.. 0 .0l .t1 4 CO U 0 *.0 z O C < O b Fp W n l u , o� ea 3 5/ iiii 11 1 g r F n g g fil -\ 5Q is y I 3i d 3 " V p .Z .9 -,£ y M O U 1 111 P Will ■ ;g 111V (Ali Ilak !.$ . ; /£l N Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER o, 000) 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Cottage Windows DATE: 7/29/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL Changes to window scope and sizing per attached drawings provided by REG in anticipation of future tenant layout *Plus General Conditions to be based on compensable delay Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Credit for original cottage 1 000 (57,205 81) 0 00% 80 00 57,205 8 window and door budget Single Hung Windows ($3,780 00) French Doors ($2,650 00) Budget Fee Cerdrt ($643 00) Liability Insurance Credit based on 06% (42 44) Bond Fee Credit based on 1 27% (90 37) Budget Fee Credit (643 00) 00002 Quoted cost fro Pearce 1 000 813,017 00 0 00% 80 00 513,01700 Windows Sr Doors per new window and door schedule attached via REG dated 7/1/11 via e-mail correspondence 00003 CM Fee based on 15% 000 5871 68 0 00% $0 00 5871 68 00004 Liability Insurance based on 1 000 540 10 0 00% 50 00 $40 I o 60% 00005 Bond based on t.27% 000 $85 38 0 00% $0 00 $85 38 Unit Cost: $6,808.35 Unit Tax: $0.00 Total: $6,808.35 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Expedmon ® O G z c - 0 O g a Z 0 P. 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PROPOSED CHANGE ORDER No. 00012 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561- 361 -6979 TITLE: Daily Cost for General Conditions DATE: 8/3/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: To: From: Number: DESCRIPTION OF PROPOSAL General Conditions costs calculated per day due to continued compensable delay. Attached spreadsheet derived from the current task order schedule of values. General conditions line items have been calculated with the consideration of the three projects. Labor has been calculated with the consideration that the Ruth Jones Cottage will continue after the Amphitheater and Marina Entry are completed. Please see spreadsheet attached. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 General Conditions Costs 1 000 $138.19 0.00% $0.00 $138.19 calculated per day considering the original amounts applied to three projects The amount represented is for the Ruth Jones specifically in relation to the claim for delay, 00002 Supervision, Project 1 000 $810.40 0.00% $000 $810 40 Management and administrative cost as calculated per day as applicable for the compensable delay claim. Unit Cost: $948.59 Unit Tax: $0.00 Total: $948.59 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Exppdmon I �I�o 1 1 81818! -� t� t M h � , O O O � ,hi h f"1" � 4 � I � V' M I IOi 0 0 Kt 1 O I ; �q I v,lv9 v fA' St.) 14 1A1A, I A A . a Q c' o Ma000 000 n o 0 0 - .r4 o o env o ov v a o8 o N O cr. 1-- N O [: N , .r ` - N? 07 . M N w" � ' "` N a H , C 0 I c O f ti d ■ A sA to (A fA A K A A AA V' Olt" 0101010101001 c °o, °o,100 0 00,0 000 0 Io o,D v 00I 0000 N 0o 0 V> I O 0; h h 01 0 014, v'- C et , R 41 V N 0�1 ;V�m 7 C i N 1.+ I . e 0 a ` I P 4 4 — 1 I 1 I _ , I O alolo; 1 N m ;;L" 1 — -- t N o 10 � h, la ,N N ,� 3 � _ -, H �I�I = I J 3� — — i 1 3 3 3 1 1 .0 i v,' of 0 E in.- +I�,,n v! i N I N,N,N i ■ 1 , cn 1 y U W �! 1 h O f 1 d 1 � N V W y' V ' V to 0. g l �. j 1 �1 a V � C, , I . �e 0 I e � � I m a c �. u 0 1 ti a > cI , W :, et f... O Hi « C V . I C y l ■ M G . , =1 G I F 0., , IL1 I ti i >1 I ,9 O §1 CI 1 O w e v a C., F I � { 1i i � , � > I �I , �L 1 �1 � � . e'I . , N 0 0 Y1 0 0 0 0 0 , 0 0� n gt S m e l rH I() �bp I 0 O. c'.` OS .. ^ O h h VI N OD 00 N ■ v 0 0 0 0 0 0 0 0 0 0 a 0 0 a XI . _ _ ■• .2111-111•• SW •-- TM .111MINCO'i Kaufman Lynn Construction, Inc. CHANGE ORDER No. 00812 606 Banyan Trial Phone: 561- 361 -6700 Boca Raton, FL 33431 Fax: 561 -361 -6979 TITLE: Tenant Scope Credits DATE: 12/2/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: PCO To: From: Number :00013 DESCRIPTION OF CHANGE Item Description Stae61I Qaandty Unite Daft Price Tax Rate Tar Amount Net Amount 00001 larerfar Drywall Package (original 1.000 ($6,110.00) 0.00% 50.00 (S6,210.00) 00002 Meats Painting Package (original 1.000 (S791.00) 0.00% 50.00 (SWUM) balsa) 00001 Toilet and 9 *h Acccui is 1.000 (51,750.00) 0.00% So.00 (51,758.00) (original bodge° 00004 ldedraoied Package (original 1.000 (51320.00) 0.00% 50.00 (56,220.00) bodge( of110,750.00 with Cast of 12,530m incurred) 00005 Pktmbiog hooky, (origin beta 1.000 (52,375.00) 0.00% 50.00 (51,375.00) of $9,575.00 with Cat of 57,500.001eeuned) 00006 k31. 1 Package (sink brtigfet 1. 000 (14,420.001 0.00% 50.00 (14,4.00) of529,700.00 with Cat of 525.462.00 inanrad) Unit Cost: ($23,7664* Unit Tax: $0.110 Total: ($23,766.11 The Original Contract Sum wag «. «.............« 5953,358.00 Net Change by Previously Authorized Requests and Changes _.... -..» ......... «....... «......... 68.00 The Contract Sum Prior to This Change Order was . «...... 5953,388.00 The Contract Sum WAl be Decreased .............. »... «..... »« ........« (523,766.00) The New Contract Sum Including This Change Order «.« 5929,622.00 The Contract Time WW Not Be Changed ..«. . «.. «..,... « ........ ». « «....... ... ».... ........ The Date of Substantial Completion u of this Change Order Therefore is .« ACCEPTED: / Boynton Beach CRA Kaufman Lynn Construction, Inc. REG Architects fl"'� J� _/ / By: By: _Lf/ Vivian Brooks Bruce Cavossa Rick Date: /z —/K Date: Date: a • /4. Ear.re.a • i BOYNTONT CRA BEAC CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda pig Old Badness 1 J New Badness 1 1 Legal 1 1 Executive Director's Report REVISED SUBJECT: Consideration of Request by Kaufman Lynn Construction, Inc. to revisit the approval of Change Orders under the CMAR Contract Agreement for the Ocean Avenue Projects. SUMMARY: Item A: At the Special meeting held on May 17, 2011, the CRA Board "denied with the option to revisit" changes orders proposed during the construction of the Ocean Avenue Amphitheater and Marina Entry Tower Feature projects (see Attachment A). The proposed change order costs as presented were additional construction costs as a result of "unforeseen issues or changes in the architectural/engineering design" and not previously identified on the plans as bid by Kaufman Lynn. The three change orders relating to these two projects total $9,70930. Item B: At their regular meeting of August 9, 2011, the CRA Board was presented with Change Order approval requests for items associated with the Ruth Jones Cottage project and pre-interior build - out construction related changes. Based on the architectural directives provided by REG, Kaufman Lynn generated a list of Change Orders (COs) corresponding to each RFI totaling $16,758.52 and General Conditions of $29,406.29 up to the completion date of September 19, 2011. Additionally included were COs relating to necessary architectural/engineering design revisions being made to the window package in order to accommodate a future restaurant which total $6,808.35. The combination of these change orders total $52,973.16 and were "conditionally approved" subject to future consideration when the Guaranteed Maximum Price (GMP) was reached and the change order amount would be payable (see Attachment B). Kaufman Lynn has issued a credit of $23,766.00 to the GMP based on design revisions made to the interior scope of work. If the Board elects to approve the Change Orders as presented in Item A & 13, the additional cost of these Change Orders after applying the credit issued by Kaufman Lynn would total $38,916.66. FISCAL IMPACT: Project Fund 02- 58400 -443: used Preserve DIFA CRA PLAN, PROGRAM OR PROJECT: CRA Ocean Avenue Projects, Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS /OPTIONS: Provide staff direction. Michael Simon, Development Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Compleled Agenda Item Request Forms by MeetlngWFY 2011- 2012 Board MeetingslFebruary 2012UCL Change Order Approval Requestdoc Attacj A Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 of REG Architects. The goal was to accomplish the interior parking area and if time and paint permitted, move along further. Multiple sessions may be necessary. There was a reminder that Friday was the last concert of the season. The Ocohee River Band was featured at the free concert on Ocean Avenue. A food and beverage vendor would be available. B. Disclosure of Contracts with Lobbyists/Applicants/Proposers to the Agenda (This Item had been addressed.) VII. Old Business A. Discussion of Change Orders for Amphitheatre and Marina Entry Projects Ms. Brooks explained the item had been tabled at the May 10 ` meeting for staff to get verification from the Agency's design firm for the Marina project. The Agency has its own geotechnical engineer. There was a communication error between VHB (Vanasse Hangen Brustlin, Inc.) and the geotechnical engineer of a design update that was not made available. It included the fence posts; therefore, the engineer was unable to make a recommendation for helical piers. After discussions, VHB agreed to absorb the cost of the change order. The amphitheater design did not include the engineer drawing for the canopy at the time of permitting. The drawings were such that a true price could not have been given without engineer drawings. When the wind load was determined, the actual footer requirements to maintain the canopy were available. Ms. Brooks felt it was a legitimate cost for the Agency and is not a CCD (Construction Change Directive) issued by an architect. Mr. Holzman hoped any time a change order was requested, the need for the change order and source of the disputed construction issue is investigated. Ms. Brooks agreed and offered the CRA was running four construction projects with only two members of staff involved. Delving into the required level of detail is time consuming and has not always been possible. Once staff traced back through the reports and plans to find the reason for the problem, there was a legitimate extra cost and the responsible party had to be found. Motion Mr. Buchanan moved to approve the Marina entry project that will be costed -out to the engineering firm. Mr. Hay seconded the motion. The motion passed unanimously. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 in regards to the amphitheater change order, Bruce Cavossa, Vice President of Kaufman Lynn, Construction Manager, explained the bid for the foundation sizes of the awning had called for a sons tube, eight feet deep, with no reinforcing. A Florida registered structural engineer had to be hired to size the footings to accommodate wind loads. The piers are now five feet by five feet by five feet deep and initiated a change request by the subcontractor because the requirement differed from the bid. Mr. Cavossa issued the proposed change order to the subcontractor at his risk and the work was done at his risk. It was a clear change from the contract documents. There was also a question on the calculation of the fee for the proposed change order. Kaufman Lynn had calculated the fee per Article 16 of the Construction Management Contract that requires no fee to be more than 15% of the hard budget cost. There is a section in Article 7.3.7 that indicates the cost allowance for overhead and profit should not exceed a total of 15%, but it relates to Construction Change Directives. It is an AiA (American Institute of Architects) document issued by the architect and none have been issued. The change was required in the field to accommodate the design of the awning. Kaufman Lynn calculated the fee at 15% in concert with the contract. Attorney Cherof commented the provision in Section 18 indicates a fee not more than 15%, suggesting the fee can be lower and negotiated or discussed. The language in the Construction Change Directives section is the only place where changes in the work and fees are addressed with 10% for the subcontractor and 5% for the Construction Manager. Attorney Cherof did not feel the language indicates in all instances the Construction Manager is entitled to 15% on top of the change costs. Chair Rodriguez opined there were two challenges: first, should the fee to be passed on to Kaufman Lynn only be 5%; second, if Kaufman Lynn is entitled to the $5,880. He recalled as a Construction Manager at Risk, Kaufman Lynn would honor the price. The changes have begun and Mr. Cavossa admitted he assumed a risk in the field. Chair Rodriguez contended the contractor should have considered possible changes in submitting their bid. Ms. Ross referenced the letter from REG Architects indicating the charges were fair and reasonable and should be considered in the project. Chair Rodriguez did not feel the dollars was the issue as much as the responsibility to pay. He reiterated the City did not initiate a change order. (Mr. Karageorge arrived at 6:26 p.m.) Mr. Hay felt any company using a permit drawing would have done the same thing as Kaufman Lynn due to the lack of an engineering drawing. The amount of $5,880 is insignificant in terms of the total cost. He supported the increase. Vice Chair Oriove agreed with Mr. Hay that it met the provisions in the contract with Kaufman Lynn. Chair Rodriguez clarified the cost of the change order is $5,880 from 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 the subcontractor. The 15% is Kaufman Lynn's commission on the $5,880. Attomey Cherof pointed out they should be getting 0 to 15% and it is negotiable. Staff recommended the amount of $5,369 which reflects a 5% commission should be paid. Mr. Cavossa contended the mark up was not the issue, rather the interpretation of the control. The base bid included provisions for foundations. The required change in the size of the foundations initiated the request for more money. The fee calculation is a non -issue. Consistency in the interpretation of the contract was the question. Attorney Cherof felt the cost should be included in the maximum guaranteed price that is broken down in the contract including the management fee which is $122,063. There are also several categories that could cover this cost, such as general requirements, site construction and concrete that would cover the additional footers. Attorney Cherof cautioned this is an ongoing project and interpretation of the contract at this stage could be critical if there is an additional charge for each and every change that arises. Mr. Hay opined it should be done on an individual basis. Attomey Cherof agreed with the threshold question, is it already incorporated in the guaranteed maximum price. It was clear there was going to be a canopy and the maximum guaranteed price should have included consideration of all variations that might develop during the term of the project. Attorney Cherof recommended the expense should be incorporated in the guaranteed maximum price and should not be approved as a change order. Ms. Brooks inquired if other Kaufman Lynn contracts with governments had change orders. Mr. Cavossa confirmed in most construction management at risk project, the project manager for the municipakty is allowed to approve change orders up to a threshold prior to seeking city council approval, He stressed Kaufman Lynn stands behind the guaranteed maximum price and Mr. Kaufman clearly indicated he would not guarantee no change order associated with unforeseen or unknown conditions. Any other contractor would not make that agreement either. Motion Mr. Holzman moved to deny the request for a change at this time. Chair Rodriguez passed the gavel to Vice Chair Orlove and seconded the motion. Mr. Karageorge did not agree with the motion and noted REG had submitted a letter advising the engineering drawings were not specific. He stressed the Board had accountability for the dollars also and attempted to compromise the issue with an offer of 5%. Mr. Buchanan pointed out the City could not expect any contractor to foresee all construction changes that are not specific in the drawings. Both sides have to be reasonable and the CRA should be responsible for the cost of the change. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 Chair Rodriguez stressed it was a contractual issue and Attorney Cherof had advised the contract does not require payment of the contingency. Mr. Holzman reiterated it was taxpayer dollars and stressed there was a guaranteed maximum price and Attomey Cherof had urged inclusion of the expense in that price. Ms. Ross pointed out it was a construction project and there are always unforeseen circumstances that do arise and it would be unfair and unreasonable to not acknowledge the situation. Attomey Cherof suggested the motion to deny the change order be done without prejudice so the contractor can revive the issue at the closure of the contract when the total contract price can be compared to the maximum guaranteed price. Motion Mr. Holzman amended his motion to deny with the option to revisit the item at the completion of this management -at -risk contract. Chair Rodriguez seconded the motion. The motion passed 5-2 (Mr. Karageorge and Ms. Ross dissenting). Mr. Cavossa indicated Kaufman Lynn would cover the contract remedies and negotiate the change order rate with the City Attomey. He offered to hold a construction manager -at -risk workshop to develop a better understanding. There are several ways to adjust the guaranteed maximum price outlined in the contract. B. Discussion of Options for Ruth Jones Cottage Ms. Brooks reported the movement and renovation of the Ruth Jones Cottage cost $340,958 and with design fees paid prior to contracting with Kaufman Lynn and proposed impact facts, the total cost is $398,458. The contractor, Kaufman Lynn, estimated the cost to build a replica would be $451,060. Some figures are unknown such as the mover's ultimate cost. The history of the cottage reveals it is listed on the City's inventory of potential historic structures. It was built by Lucille and Otley Scott of the Lucille and Otley restaurant. It was later sold to Ruth Jones in 1946, who raised her family there until purchased by the CRA in 2007 as part of assemblage for a future parking lot for the redevelopment of the Old High School. The cottage is constructed almost entirely of Dade County Pine which is now extinct The Pine is impervious to termites and water damage. Chair Rodriguez summarized that the site move to a new location would cost $398,458 to be completed in approximately eight weeks. A replica would cost $451,600 and take approximately six months to complete. The property cost $265,000 and another $6,500 for expenses would bring the total to date for the project at approximately $720,000. Mr. Karageorge wanted to clarify there were two separate issues. The purchase price had to be subtracted because the site was bought for parking. Chair Rodriguez contended it was irrelevant why the parcel was purchased; it was still taxpayer monies 8 air. c str'ztra'r xex"!* - cLe131r. .. . - - • - �... � — •see -- =a s.:� =_ � .s+.s_- v_ -'%:7 � Kaufman Lynn Construction, Inc. CRANGE ORDER No. 00002 606 Banyan Trial phone: 561 -361 -6700 Boca Ratan, FL 33431 Fax: 561- 361 -6979 TITLE: Amphitheater Foundations DATE: 7/29/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: PCO To: From: Number: 00002 Item Description Ftock# Quantity Units Unit Price Tax Pate Try Amouni Net Amount 00001 Schlepps Construction oust 10 1.000 53,625.00 0.00% S0.00 S3,625.00 provide engineered fbundatians per lloover Awning provided drawing. 00002 Allied Bolls & Nun,1.LC cost for J 1.000 $ 1,488.00 0.00%o SO 00 51,488.00 bolts required for uplift as per i { engineered detail. 00003 CM Fee bend on 15% 1 000 1767.00 0.00% SO 00 1767.00 Unit Cost: $5,880.00 Unit Tax: $0.00 Unit Total: $5,880.00 law The Original Contract Sum was $953,388.00 Net Change by Previously Authorized Requests and Changes ..••.» ...... '57,763.00 The Contract Sum Prior to This Change Order was ........ • 1 The Contract Sum Will be Increased $5,880.00 The New Contract Sum Including This Change Order .... S967,031.00 The Contract Time Will Not Be Changed » » ........................... ».....„ The Date of Substantial Completion as of this Change Order Therefore is ..• ACCEPTED: Boynton Beach CRA Kaufman Lynn Construction, Inc. REG Architects By: _... By: By: �... a Vivian Brooks Brice Cavossa Rick Gonzales Date: _... Date: _ e ..» ,.�n. .... IDate: 1 REG ARCHIT, E CT „S. INC. ARCHITECTURE * TNTEAIOA DESIGN * PLANNING May 4, 2011 Michael Simmon Boynton Beach CRA 915 South Federal Highway Boynton Beach, PL 33435 Re: Boynton Beach Children's Amphitheater REG No. 09014.10 Change Order No. 2 Dear Michael: We, REG Architects, Inc., had the opportunity to review Change Order No. 2 in the amount of $5,880.00 in association with the footer detaiUsize for the canopy system above the stage. In our review, we note the following: The canopy system is designed by a specialty engineer hired as subcontractors under the construction manager, once the project has commenced. The design documents provide design criteria (specifications) in which the canopy design needs to meet. Once the canopy designer determines the wind forces and loads on their canopy system, they design the footing size to compliment their canopy system. As part of the design package, the structural engineer shows a typical footing detail but the actual footer size is unknown without having the actual canopy design. The footer detail provided by the structural engineer is used as a "gap fill” so there is a number in the budget for the footing. In this case, upon receipt of the specialty engineer's design, the footer size has to be increased to work with the canopy system. The footer size provided with the bid set is approx. 2.75 cyds. of concrete and the actual footer needed for the designed canopy system is approx. 4.62 cyds. of concrete. Therefore, we find the cost provided to be fair and reasonable and recommend this be included in the project. Sincerely, 'reefs, Inc. Al Phillips cc: 09014.10/213 file 307 Evers'. St., St•. 400, ~ Want Palm Stack, FL 33401 Plboae: (561) 459.2343 • Fax: (961) 659.5646 wrw_re ;anc__T___ __ AA 0002447 EST Ey • BBOCA RATON, FL. OCEAN AVENUE AMPHITHEATHER April 29, 2011 129 E. Ocean Ave. CHANGE ORDER #1. Boynton Beech, FL 33435 SCOPE OL-WORK Supply & install one 5' x 5' x 5' footer and two modified 5' x S' 4" x 6' footers, one et east side aid north side of waive walls with #5 mbar mats In" o/c ENV and installation of eight 6' ) -bolts pm footer. TO'T'AL $3,625.00 Note: damn order is in addition to original price Quoted fte : 3' die x 8' Sono tube foteri total of three price 52,100.00 ° r e P‘r utd o 9 54,-e4-41s. 5 b . "a r ft) • ' /650 .mob Apr 28 11 10:06a died °Bdpsa Nuts 964 635 5670 0,1 ALLIED BOLTS & NUTS, LL,C Esti mate 354 S.W. 13th AVENUE POMPANO BEACH, FL. 33069 I °ate i &angle # - 954 247 8165 /Ffc 954-635-5570 4/211/2011 4 t Marne 1 Address f 1 Dees bn OtY Rale Total , L-11/4 IC 67" J-BOLT GALVJASSY 24 Get 00 3.4111.00T 1-1/4-7 HEX NL7TS MT' 48 0.00T 7 -114 FLAT WASHER 14D0 4S . b.00T . 1 -14 X 67" J -BOLT P1.)4 /ASSY 24 4740 it° I,I22d.00T Sales TIN o.on., 156.96 t I 3 1 I 1 f € 1 I. i 1 _ l F°13Mwchonrc3Pa11 pgmeal b4 - sit ;whine work. Total .33Aft‘-- ?If /,411s . . - .. . ■ . . . me. _ . — ;, -: ar . . . ,... ' 11 - . • .,. ... .. . , . .... .:t..,„ , _ ,...... t IV.' a tf-t4. , r f i , •,•:. • •11 ' 1 , 1 _ I It 1 f' 3 115ii 1 _...,.., 1 114 _...* 2 vr lir pp i a 0 ..,11 - , lb.& Oft VAN P ! I i ... .... ''' '''': "1‘ ' "A ....!_ i.... - WI \Mr __- . — s.... ......„.....-- .." ..."it , ' • 4 a ...- ja _ .. ,.. - -....--"C _ - ''''-. 4 6 i 0 6 0 it ti 1 0 4 r .f 411 w .,..., - . . - : \ IP , '. .„.,,,,.. . ,,. . ... , .... .. _ ... _ . li '97.1 ...: I .• 1 . . • , — , ... ‘,.• a 1- AN. -. 1 ... . , r • . ' ' ,. 1 %; ' . Lk:' ' '• ' I ■1 ' ..... v.7.--1 . ., , k *4•Wit ..vt ' t A • ..... ... jAik . .....•;',. At. .. 4 : yr : a - .-. or• :, f•-••!‘ 1 Aitc 4' w .. 11 e , • I• � r 690{G1 70112 SYP:611111112=a. 4r itsr .s+ __ 7aaSr.X.M.1 13 -7Z3B Tir..7• 1ftrSvvizamm, Kaufman Lynn Construction, Inc. CHANGE ORDER No. 00003 606 Banyan Trial Phone: 56I -361 -6700 Boca Raton, PI. 33431 Pax: 561 - 361 -6979 TITLE: Amphitheater Plumbing Repair DATE: 7/29/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT' NO: 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 RE: PCO To: From: Number: 00003 Item Description Stool' Quantity Units Unit Price Tax Pate Tsx Amount Net Amount 00001 4/15111 Capped offexibtmg water 1.000 1,1,350.00 0.00% 0.00 .,1,350.00 line to bathroom 4/25/11 Repair leak adjacent leak to bathrooms 4128/11 Relocate water main around new concrete pad 512/11 Tic mew water main into new main shun off end re- cncrgize bathroom fixtures 5/2/11 0000' Clot fee based on 15% 1.000 4202.50 0.00% so 00 5202.50 Unit Cost: $1,552.50 Unit Tax: $0.00 Unit Total: $1,552.50 The Origins; Contract Suet was _ .. $953,388.00 Net Change by Previously Authorized Requests and Changes .. .......,...,..w......... »... ».. $0.00 The Contract Sum Prior to This Change Order was ......... $953,388.00 The Contract Sum Will be Increased $1,552.50 The New Contract Sum Including This Change Order »... $954,940.50 The Contract Time Will Not Be Changed The Date of Substantial Completion as of this Change Order Therefore is ... f ACCEPTED: Boynton Beach CRA Kaufman Lynn Construction, Inc. F.EG Architects Vivian Brooks Bruce Cavossa Rick Gonzales !Me: Date: 10We: 111 .• ! .. . ..., t :!'"'.. •411k - - - , . ,;..4.; '1 ■ ............ i i, - -:_ cl .i T. 7,..",-. - - -. -- dk ' •. 1 ' .. I !!!,!! ,!, .! It .. t,,..., ca 41 :.,,._,,,,,,.:_„ •,-,"-,---,- :'.- .' :-_:..."1:4;1-4"4'.4-'-'41i' 1 '''''.' '''.1‘. ' '....' ''''' • Ni., , 1 ‘..• f.-- ;--*--Y ... --.. , .. ■ .. . ' ./: - . ,:::2( :I.: ;Api , . ', • —11 1 7 . .., _ . ... , .. ) _ . ..... . . ,. ..., .. ,,..,.„ . . . .. ..,, ,.. . . , . ... ,:- -,,, ty..#, - ...s. , ,, , ..-- ,,- .,.• .,. - . , , `-' • ------"-; - -.- . , . , . a' " ■ ,. . . , . ...,. 4114 , - — •. . . , _ , . . - • , ,.. , ,.. ,.- - , . - • . , , ,....,, . ,. .. _ , 4h- , . .._ " -.- -: - -!..: • - , - '''......143/44.44.1‘41141111141% . _ .... ,,. 7., f, r- 1 • ' t..,,,'": - -!,:- • -!!--'.'.! -,,,.. 44 ,„„' •'. • -.. - „Si -- -".... ! , `• •-.. .!!‘ ..--. " , „,'-* • , - . ow If ...,. • . , - . ... ,. ibilikitot,- .., ... . . - ' . , .....: ., .... i•...„ r ... ' .... . ' .'; ,,. A _. --....,...... . . . • * . : ^.... . .,.... ., ... • , ,..0 X ...........,..........- .., W.. • - . V 1°4 el' ' .. alb- ..., ... _. ,... ..,.,.. 7,...,,,. ,..... ..,. ,, ..... _ ..•:,....„ , ... si -:,.- .. • ....,._ . . .. - - — • -,' _„,..----..,.: .-7,- . ,..f,„..1.,0,,,,,.-•.:,. 4i,., ;,.., "-- - ,..' ''''S 7 , 4,-, - . . ,_ _ .. ._ . ... _ ,. ., . ilik , ';,, _ - , -- 1.- • , Aotel . .. . Ng .... . .. 4 C i. .. • . , 06!05,2011 0922 Fige 1: i Jonco Plumbing Services Inc. 1530 SW 7th Avenue Invoice Pompano Beach, FL 33060 Phone # 954 -720 -5838 Date Invoice # Fax # 954 -788 -2803 5/6'2011 Water Line Bill To Job Warne t t t 1Caufman Lynn, Inc. Ampuiheater 622 Benyan Trail 200 Ocean Ave. • Suite 300 Boynton Beach, F] Boca Raton, F133431 P.O Number Due Date Technician Project 96/2011 ?X Ampitheater 1 Description Serviced Amount 4 Capped offbroken water line is bathroom YV 1,350.00 r 4/25/11- Repair additional leak by bathrooms 1 4f28- Relocated water main to bathrooms around new concrete pad Ma new water main into new main shut off and re- energ'tzed'liathroom &lures I k � Total x1,350.00 - "'All past due balances subject to seniiee charges of 1 5% per month" P yG11er9t5 /C: redhs sob) Balance Due S1,350A0 Phone # Fax i; E -mail Web Site 454- 788 -2603 9:4- 786 3803 I nuasy`o jcncoplumbing corn _ v w' :lencoplulmbm; com 1 Michael Simon Development Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Off -(561) 737 -3256 Fax -(561) 737 -3258 simonm@ bbil. us Disclaimer This E -Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 -2521 and is legally privileged. The information contained in this E -Mall is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended ; recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E -Mail in error, please notify the sender immediately at the phone number above and delete I the information from your computer. Please do not copy or use it for any purpose nor disclose Its contents to any other person From: Ramsey, Kevin , Sent: Wednesday, April 27, 2011 2:21 PM To: Simon, Michael Cc: Livergood, ]effney;_'AI Philips'; 'Vied Dumitrescu'; Brooks, Vivian; 'Richard Brown'; Sarkkinen, Les; Mack, Andrew Subject: RE: Amphitheater - Plumbing Michael- Prior to.having your contractor do this work, please notify Les Sarkkien and myself. This work should be performed on a Monday (that's the one day of the week that the Museum is closed), Les Sarkklen has located a water meter that actually feeds this line it is stuck in the open position, so a new water meter will need to be installed which Les Sarkklen will • aFFange - for at the same time as the contractor's tie -ins. The water department needs to kill this like prior to your contractor tie -ins. I, Thanks, ' Kevin Il From: Simon, Michael ; Sent: Wednesday, April 27, 2011 8 :37 AM To: Mack, Andrew Cc: Llvergood, Jeffrey; 'Al Philips; 'Vied Dumitrescu'; Ramsey, Kevin; Brooks, Vivian; 'Richard Brown' Subject: RE: Amphitheater - Plumbing I I Hello Andrew: You may have aLready spoken to Kevin but we decided the hest alternative is to run the S A inch to , the wall outside the footer and hop supply down the wall to the five points of entry into the reatroonls. Thanks to KeI for his input and we'll prccced ro:Kws =rd witless aiiyorce has a Netter alternate. Respectfully 2 si ' ��'' $ �� S w ate °�°- �'` F 1.'r. Q yy{ 4111;10, e' 4 is x, t A a Yk- Y _v p ab _14. ,, .4., ,•.#.,„; ,,,..„:„7,elt,..,:.,45, : s x ` ter- '':".*7:',,::;.::=1::... u , a� °t - t :,-,"; .'',, •X,Ve:',. ......, .,„',.' ,"'„ '''! ., it - '• .' , , , 4' * .u. ` Ate" REG ARCHITECTS INC. ARCHITECTURE * iNTERI OR D Est G iV 4 ' PLi.Nr NG June 2 &, 2011 Michael Simmon Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: Bayntooa Beach Children's Amphitheater REG Na 09014.10 Proposed Change Order Ho. 3 Dear Michael: We, REG Architects, Inc., had the opportunity to review Proposed Change Order No. 3 in the amount of $1,552.50 in association with revising the multiple underground water feeds to the amphitheater to one (]) main line and alleviate the conflicts with the new rooter for the structure. In our review, we note the following: This item is in-relation to an unforeseen condition which was not noted on the as -built drawings. } The site condition consisted of 5 supply Iines serving the restrooms at the amphitheater. These lines created a conflict with the new footing required for the structure. The lines were re -piped to provide one service/supply lime and re -routed to avoid the new footer location. Therefore, we find the cost provided to be fair and reasonable and recommend this be included in - the project. Sinces•ely, mhitects Ina Al Phillips cc: 09014.10/213 file 50) EverAit Si., Se�':. a•Pe1m Beach, RL 33'01 y�r Phuncs (561) 4,S9 -2�L3 ?4x: ;561) 6f9•a'46 I. w h•.Le Reia•h_•�' i AA 71)02'47 EST 19:8 C 024.S L ' P I NNE rs�r. 303 Jim Moran Boulevard, Suite B Deerfield Beach, Florida 33442 Telephone (954) 425 -7717 Fax (954) 425 -7718 CpiCoastal@isol.coz State of rlorida License # Ct3C1224809 Jeff Liefer Roy Liefer Justin Liefer Date: May 16, 2011 Rev 1 dated 5/16/11 for permit costs Submitted to: Kaufman Lynn, Inc. 606 Banyan Trail Boca Raton, FL 33431 Tel: 561-361-6700 Fax: 561-361-6979 Attn: Richard Brown Project: Boynton Harbor Marina Locatiot.: Boynton Beach , l Drawings: V.H.B. Millersellen Sheets G1 & G2 Dated 9/14/10; Revisions tluru 1')./1 3/10 OUOTON /PROPOSAL We, at Coastal Pipeline, Inc. hereby propose to furnish materials, labor and equipment for the following, per attached quantities: MOBILIZATION (each) $ 750.00 DRAINAGE $8,335.00 SANITARY SEWER $ N/A WATER D STRIBUTIO /4 $ N/A TOTAL AMOUNT BID $9,085.00 Breakout per Permit Plan Chance; Core Drill into existing structure 5350.00 Additional 40 if of NDS Drain Piping $1,400.00 NDS "1'" $80.00 NDS Catch Basin $150.00 ss - - -- - Qualifications €) Please see Provisions on page 2 of this Proposal. g Prices are valid fo3 thirty (30) days from the date of this Proposal Page ! of 3 (please print) Signature: Date Name & Title: (please print) Date: 3/24/2011 Submitted to: Kaufman Lynn, Inc. Attn: Richard Brown Project: Boynton Harbor Marina Location: Boynton Beach MOBILIZATION Mobilization Ica TOTAL $750.00 DRAINAGE Core existing Manhole 1 ea ' 4" EZ Flow Pipe 200 If : NDS Drain Basin 6 ea { t Sand 22 tons Bedding Rock 10 tons Coupling 19 ea TOTAL $8,335.00 ii Page 3 of 3 1 ya •.wal •tt ttlt.ttl•.[Y•' fl bytM ggwtY.. W� ! k ;17 11 r 1 .. . t __ . , _ .._ .... • - le .. $ /.", .:.-7 ,0 Z J.r7 -. w ' ", ma , ' E =c es l• .. r�,�5' r ' ia� •� '" � , r� - � { � , � X. � Y 5 f• ..r II � �_�'4 �, 1 't!l'' « , '.1-.,,:ti �' , ] � if a 13 y (1 E • '. F f g yi l ▪ ita . .. '' D = iF - , '`'' �,, : ` ;a'Y -S ,.. try, pi/ : I - 4 :-:: 7 1 — , 1 _`" :', - 4• -i , ' , � . i� ' , .r � . t' Z i ;,i.,,.: 11 Z fi r ' ^ s , J' i -•; ;4 + `, ts: a S 4 R �r '.gi h 's..q '� ' • I • .�k'� n 1 li ,, . ,r w ', t ^ 1 I - 1.'1=7 lit•rr 1- c-.! P.75., I - 1 i I 'y'4 co. ✓ / 1 . 1 Ps{.i'Ir�i- f r� T 7 f `:. �, J fit. E t.. mot . . M` Y ./ 1x13 i7 R �. tt 4 7 • •TaIY .. - �; . . S P:-..-ii 9 A4'._" �I 61 • . k I a 0 I f 1 a 81 • H i I ilt,4 • . 1 rs lir �� "7 z 1 11 1 1 i l 1 2 1 z b i !infil I ii 1 ; Page 1 of 1 Brooks, Vivian From: Jim Cherof (JCherof®cityatty.com) Sent: Wednesday, August 24, 2011 7:60 PM To: Brooks, Vivian Subject: RE: KL Change Orders They were approved by the Board, so you can sign them. James A. Cherof GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 & oward (954) 771 -4500 x 304 Palm Beach (561) 276 -9400 x 304 Fax (954) 771 -4923 Email: }cheroffcityatty.com www ,citygtty .corn Offices in Fort Lauderdale and Delray Beach, Florida. From: Brooks, Vivian [mallto:BrooksVl @ bbfl.usj Sent: Wednesday, August 24, 2011 3:55 PM To: Jim Cherof; Cherof, James Subject: KL Change Orders Importance: High Jim, I received the change orders today signed by REG and KL Does the Chair need to sign or can 1 sign there? Thanks Vivian L. Brooks Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561- 737 -3256 brooksvi ©bbfi us 8/25/2011 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 9, 2011 assumptions about wood rot and termites. Mr. Phillips explained the standard practice is to provide for a contingency. They could not make a bunch of assumptions about the structure and they bid on the documents. Chair Rodriguez commented Kaufman Lynn gave a guaranteed maximum price and it was up to them to have a contingency. Ms. Brooks clarified REG was called to correct design defects that were discovered by Kaufman Lynn. REG represents the Agency and has the designs. Kaufman Lynn then bids the design and determines if the bid is fair or not. Discussion followed REG had a similar situation in Lake Worth in reference to the casino protect. Typically, historic projects are bid as Construction Manager -at -Risk projects. Once the change orders are compiled, they issue a main change order. Mr. Phillips explained they have a contingency, and when the change orders are approved, they are paid from contingency. He recalled other instances when a municipality paid for a change order using the Construction Manager -at -Risk methodology and discussion followed whether the change orders should be absorbed by Kaufman Lynn. Attorney Cherof clarified, as to the change orders and whether Kaufman Lynn should pay for them, the original draft Construction Manager at Risk Contract was not the final document. There was negotiation and part of that negotiation whittled down the pure concept of the Construction Manager being fully at risk. He expressed he was troubled by the conduct of Kaufman Lynn and REG Architects as it pertained to the change orders. He thought if the Board wanted to consider approving the change orders, they should do so on a contingent basis, without the Board waiving its right at the end of the project to do a "true up" and examine everything that was submitted and approved to date. Attomey Cherof further clarified he made the recommendation because currently, Kaufman Lynn perceived they were In a contract delay; however, Attorney Cherof disagreed with their perception. He also anticipated the Board would receive a change order for their construction delay, which was not the fault of the Board or the CRA. In anticipation of that change order, he recommended the Board preserve its right to challenge and conduct a true -up to determine if the guaranteed maximum price was exceeded or not. He pointed out it was possible the project could still come in under budget, but if it came in over budget, it was important to reserve the right to challenge each change order to determine whether REG, in their performance, properly examined the project, made the determinations and provided the base documents from which the Construction Manager based their project and proposals. Chair Rodriguez inquired if some of the change orders should be covered under the guaranteed maximum price. Attorney Cherof responded some should not, but he recommended approving them contingent on the right to challenge them on a later date when the contract is trued -up. This would avoid any claim by the Construction Manager that the Board engaged in conduct, which delayed the project, resulting in additional damages at the end of the true -up period. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Au! ust 9, 2011 A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics B. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) C. Consideration of Recommending to City Commission the Time Certain Creation of an Independent CRA Board (Per Board direction to be done in Oct.) D. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) XVII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:35 p.m. Oft4 .0...vaL 0 4 6 2).a i Catherine Cherry ■ _ Recording Secretary 081011 15 Al. ;S • . tY My 15, 2011 Boynton Beall Cammtnity Redevdopment Agana/ ,tiro Vivian Brooks 915 S Admit HlptwW Boynton Bach, FL 33435 Mrs Breaks, Reese be advised m lily $'2011 ICairren Lynn apefe ced adder/ resulting from non - applicable permitted structural r+einfcrcemer t derails asperhsirsto tlieRulh James College Simian' carpe by commenced on My d' end wascaesed on July t. The retaining etrucbral reinforcement aid radear mt renv irtng building dial activities can not beoorripinted at Mistime Rare the foliar/ft to oddities astion 8.32 of the contract agreement Thiedelay Wicked result ri thecae* open RFI rnmters4, 6,g, 10 and 11 as sibilant toREG Architeckre on &7 /11,- $17111, 7/2!11, 712111 and 7/2/11 respectively, Theaniidpated ridgy Ise halt to the building shell completion, Thetalerll of Media/ continues aid is unknuwn at this time The meatunencladsolutiion istc tea/heft open RFI`sad raceiveaoorrecisd abuctunt drawinge to a kireE+s theopei R Is via RBGArdiffedur+e. Evaluation d theCPiti edtet~1uteofferethea ructural r+einfarnernent steer the amity perrrfttaf plans is not possible-thus affecting these tting of thebulking an theforloon and adamantly the interior and a da icr framing, whniows, doors and aiding demerits of the project The 'flowed( drectly anrrotindirg Isaias affected asthebuiidrg is not sell &satladrod GPM stadia To a kkaer: aedions4. 4aid 7A pertainingtode lay oftheoorinactegrmnaertInregards to thearsigrsraert of cost tainted to the awe mentietreddela/ Kaufman Ly,m Ccnehvdlan, loin~ cen not align emit et Ns time as the full octant of *mighty Is unknoartt. F seible oveilieed and aulxeantra l costs mew milt from the required details needed tao a open ire filthier! E. Hravti 111 Reoelvaed by AZ . t V /Oahu•.. Project Manager agrduraL' • - 4e 04 h-.a ?AL» ZEACN —_ ar +!laic - -- 1 tA►611 DE • r I i .81 ;al 47, VII i M 2 ! f l y'a ! 9, ? c I N 1 i H I , ' 11 i i L ! lil I. 1 i 11 ,, , i v i i i! ._i _ III 1 p 1$i� �8j 8Q 1 O . a O Z � �f M N M � . I I t w i y d I ! I i h H N h I H hh j � yhhN — g' “$ ;Sj ! it 1 4 1 4 1g: S,�in; g. . o i l Fla i to C.1 i I , 1 1' I I z 1 a ' I I 1 ' i , i , t i a e ; ` i i' I I n. 1 1 • 0 , I; j I i 1 7 i i El, ' � 1 I'I' .I I g 1 , C G _ may - 2 �L .—, S 3 f -- { , I 4 i uQ'si Ol ,i1 i+ i I — ' i �, ii I o i! '. i 1 I i f - -- I s,g1g L , I , , • ,t 1 ,NNi -- I , 1 Hilt i l , I i i I 1 ' J -� - _ I '. , _ -- r 1,1 i a ! '1 1 a M - 1.52 : ?. ' : 1 1 'J• � , ' I S { ` I 1 {, 1 I• �! I' I • 1 I : I C & �, 1 1 1 1, I 1+ i { 1 1 , + 1 i I ! 1 , I i I { l._ i ;I Il —r�-- { 11 I 11 I ,,i; 1 1 11, )1,,1 1 Ili I A 1 I1!j 111 n 'm (, I 11' i o t 1{ ► l ; i 1 z 1 1 1 :iii , ' , I 1 1 I 1 �, ) ; i I li I I 1 1 I � � l f11 f, ° i�`� 1 1 1 i 1 � al a a , 1 � 1 I '�1 ei I I g I i Ili .EI 44 19 1 b� E 3k i I I i tiri 11 f t9 @1�! j l iin' 1•' 1 1 r >'`, , in 1111 v O 0040 O O O O O 0000 I KAUFMAN LYNN r. w koufnimrl mront i STRi'CTTON PCO # 10). Cottage West Patio Revision: Change resulting from future tenant needs and direction received from REG dated 7/26/11. The new patio layout differs from the original contract drawings patio layout. The current direction considers the future tenants needs. Pricing is reflected here. PCO # 11). Cottage Windows: Change resulting from future tenant needs and direction received from REG dated 7/1/11. Original contract drawings indicate replacement of select windows. During permit submittal revisions all windows were revised to indicate impact and as such to be replaced in total. The latest direction, sizing of windows and doors, stems from the future tenant needs and selected layout. Pricing is reflected here. PCO # 12). Cottage Delay General Conditions Daily Rate: Daily calculation of General Conditions resulting firm RFIs 4, 5, 9, 14 and 11 and subsequent changes to the contract drawings and scope costs. Cost proposal pertains to the continued compensable delay to the project The overall applicable duration is unknown at this time as to finalize the total cost. PALM BEACH &ROWARD MIAMI -DADE 1' 606 how Nit 8aa Wan. Ft 33491 498? N Ulhesity Dt P134, lar6erkill. ft 33351 3200 tiidh Arc. #19511. Noll It 33333 P4l • 561.361.6700 EX: 561.361.6979 PH. 954.320 7022 FX• 454.370 7025 PH. 30$ 490.0269 F 0 345 414 9073 u nmmiirw a a BOCA RATON, FL RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER 06 In relbrence to RFI 10 SCOPE OF WORK Structural wall area at chimney Install new 2"x 12" header with 2"x 4" cripple studs above to under side of top plate. Header to span entire width of chimney at mantle height. Use same framing method as over new doors. a) Labor - 2 men, S bows at $45.00 $ 720.00 b) Material - Dimensional lumber, plywood straps and nails $ 102.00 c) Supervision, overhead & profit $ 100.00 TOTAL $562.00 Richard Brown From: Denise Cravy CDenisetaregarchitects.corn] cent: Thursday, July 28, 2011 11:09 AM To: R chard Brown; Gerard Landi Cc: Simon, Michael; Al Philips; Vtad Dumitrescu; Andrew Morgan Subject: FW: 09014.08_BB CRA Cottage - Updated RFt Log - 07.28.11 Rick/Jerry, Please see below regarding RFI's *9, *10 & *12. Thank You, Denise S. Gravy REG Architects, Inc. Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. Original Message From: Andrew Morgan Emailto:andrewconsulting @ beflsouth.net] Sent: Wednesday, July 27, 2811 4:44 PM To: Denise Cravy Subject: Re: 09014.08_88 CRA Cottage - Updated RFI Log - 07.26.11 Denise. RFI 49 - Does it matter what method Is used to replace rotten siding with new 3/4° CDX plywood? No. r RFI #12 - The awning will be fastened to the exterior of the west facade. Need to Reinforce the wail horizontally at this location. Add 2 studs at support. Thank you, Andrew Morgan, \drew Morgan Services, 513 U5 1, Suite 109, North Palm Beach, FL 33488. T. 561 881 8999 F. 561 881 0087 1 Andrew, Please see attached RFI log. Do you have any of these details ready? Thank You, Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. From: Richard Brown [wailto:rbrownekaufmanlynn.com] Sent: Tuesday, July 26, 2011 2:24 PM To: Denise Gravy Cc: Gerard Landi; SchiappaConsttaol.com; Simon, Michael Subject: Updated RFI Log For your records and review. Looks like we are down to only a few open. Rick Brown Kaufman Lynn Construction, Inc. 3 nine == a .sa ... a BOCA RATON, FL. RUTH JONES COTTAGE June 30, 2011 Boynton Beach, Fi• CHANGE ORDER #1 Ref to RF1 # 1 5c opE OF WORK As Der new detail 6 on A-S.1 New window and door structural framing. Remove existing window, door and studs and reframe using new detail scope work as affects all four exterior walls. a) Labor - 3 men, I8 Hrs @ $45.00 $ 2,430.00 b) Material - dimensional lumber, plywood, metal straps and nails. $ 625.00 c) Supervision, overhead and profit. $ 458.00 TOTAL $3,353.00 (11.63.1 " ry <I " L 111 • U� 0 41 it it A 1 1 - 2 1 IL 1 1 vs. t 1 PA 11 ,>. _-t dig 5 w WI et tee II 1 1°17 / ! 6 ° MI b 1" ($ 1 1 i i f- um L LI- 1 it lir, , 1 ‘D Kaufman Lynn Construction, Inc. CHANGE ORDER No. 00007 )6 Banyan Thal Phone: 561-3614700 Aca ROA FL 33431 Fay 561-361-6979 TITLE: Roof Beam Details' DATE: 8/19/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO: 1 Boynton Beach CRA 915 S Federal frighway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 RE: PO To: From: Number:00007 . &midi •; - ijatirAie kit 00003 Strattand newmanine taming as 1.000 12,537.00 0.0054 S0.00 t2,537.00 Bli rewind 7/22/11. Labor 2 mai, 1 boate /45.00 per koor 31,620.00 leirebee, plywood metal straps and nails S516.00 Sehippa blialcup 3331.00 00004 Q. Fee based on 15% 1.000 5657.00 0.00% 10.00 3657.00 1005 liability Insimume based on .60% 1.000 330.14 0.00% 30.00 530.24 0006 Bend bend on 127% 1.000 364.39 0.00% 30.00 364.39 Unit Cost: 85,134.63 Unit Tax: 80.00 Total: $5.134.63 • Th e Original Contract Suns was •••••••••••••••••••010111101,00101101•••••••••••••••••••••■■•••••••••■•••■■•••••••••••■••••••••••••••••• S953,3811.00 Net Change by Previously Authorized Reqiests and Changes --- 822,056.29 The Contract Sum Prior to This Change Order was .-.— 8975,444.29 The Contract Sum WM be Increased NOW.ININMOMMOOMMeasmwoom••••••■■••••••••••••••••••••••••••••••■••••••••■••••• $5,13443 The New Contract Sum Including This Change Order 5980,578.92 This Change Order represents a final and binding contract modffkatlon subject ordy to the terms of Contkudng Contract Task Order No. 2 For Construction Management At Risk Services dated March 21, 2011. The Guaranteed Maximum Price shall increase by the amount of this Chime Order. Construction Mauves acceptance of thb Change Order Is conditioned upon Owner's concurrent approval of Change Order Number 12 titled Vally Cost for General Conditions". ACCEPTED: noyntoc Kaufman Lm Construction, Inc. REG Architects en AY: Br 1 1 , frp-i- By I d 4 411111 Vivian Brooks Bruce Cavossa Date: .Z2 Date: klz ij ii Date: ,A5A ispoillial • 5h J D pp! BOCA RATON, FL RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #3 SCOPE OF WORK As Deer revised S-t.4 roof Framine Plan received 7122111 Removal of existing 2"x 6" ceiling joist and redesign on roof framing, Remove 2 "x 6" ceiling joist through out structure. Add new 2"x 4" collar ties metal straps and 3/8" plywood to underside of existing 2"x rafters and collar ties through entire ceiling. a) Labor - 3 men, 18 hours at $45.00 $ 2,430.00 b) Material - dimensioned lumber, plywood straps and nails $ 1,040.00 c) Supervision, overhead 8t profit $ 521.00 TOTAL 53,991.00 Kaufman Lynn Construction, Inc, REQUEST FOR INFORMATION No. 00004 606 Banyan Trail Phone: 561- 361 -6700 coca Raton, FL 33431 Fax: 561 - 361 -6979 TITLE: Roof Beams DATE: 6/7/2011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 6/14/2011 PLEASE REVIEW THE ATTACHED PHOTO OF THE RAFTERS AND FLOOR JOISTS. IF THE BOTTOM OF THE ROOF BEAMS ARE TO BE 1 % ABOVE THE TOP OF THE CEILING JOISTS [ 10-S1.3) THEY WILL BE ABOVE THE ROOF LINE AT THE WALL. PLEASE ADVISE. Requested By:Ksufman Lynn Construction, Inc. Date: 6/7/2011 Signed: Richard E. Brown, 111 ANSWER: Revised S1.4 received via Andrew Morgan and REG 7/22/11. Answered By: REG Architects : 7/22/2011 Signed: Al Phillips t i gd g 4 ii IrAti*t' i i ii tII'1 $ #P' fil II ..1 if I ra ,! 1 1 M 1 : % !\„ / `\ I 4 _ ' ' � 1 ■ i I . I " / 1 II e --J-prq - _---___.— , , r.----- o— ; �F -- 1 -- r`1 `�� f © __ j ~ii J 114! --� - -- W! L L i1L t la 1 0 4 0 aa♦ M 11 ::! i 1 1 r ii ■aste fR 1 II r 111 c 1 � r 5, Ni I I kii IL ...v. 1\ N o o 0 a -r r -,C r -ir r_w 1 i r _ _I i 1 i 1 e 1 - -- + -- i --1 -- 1 I ( I-- -- _ - - I ( 1 N O I N I ..._. __ - ---� -- f , -,- 1- ,o AM stuns j N ' 1 l ,9 1 — - - _ — 1-last s� n eau sus = I a ■ 0 t i ___ _ — iii __ I; 1 � ` } _ — rAfiil _ _ , 1 .9. - o __ __ is ziiiimiNNIIIIL ti_____ - - i r j7 , 7 j I 0 I I f: _4-.� �.- /' i ) \ � - } i� Ii l 1 1, I Ii i r -3- to 1 mil 1 . ill ira Harm �zs �.fla n a BOCA RATON, FL. RUTH JONES COTTAGE July 30, 2011 Boynton Beach, F7. CHANGE ORDER #5 In reference to RFI 5 SG E QF W RK Rotted structural iamberrepairs As per revised S13 dated 7122111 Replace or sister all structural dimensional lumber 4"x 6" floor support beams, 2"x 8" floor joist, 2 "x 4" wall studs and plates and 2 x6 rafters. a) Labor - 2 men 12 hours at $45.00 $1080.00 b) Material - dimensional lumber, straps and nails $ 850.00 c) Supervision, overhead & profit $ 290.00 TOTAL $2,220.00 Jun 17 11 11:57e Andrew Morgan 5618910067 p.2 Kaufman Lynn Construction, Inc. IOQ 'FOR INFORMATION No. 00005 606 Banyan 'Crai1 Mau: 361- 361 -6700 Bust Xstc . FL 33431 ._.�.r...� 7u: 561 -361 -6970 T1TIZ: Ratted Floor Joists DATE: 6/712011 PROJECT: Boynton CRA - Ruth Jones Cottage JOB: 907C TO: Attn: AI Philips REG Architects STARTED: COMPLETED: REWIRED: 611412011 SOME OF THE FLOOR. JOISTS ARE ROTTED BOTH AT THE PERIM!TER AND INTERIOR OF THE COTFAGE, PLEASE ADVISE AS TO LIMITS Of REPLACEMENT AND ATTACHMENT FOR NEW MEMBERS. RrqrsNad IINICadthattyan Constmntion, Inc. Date: W712011 $iinad: Ridiud E. Brown, IE1 ANSWER: .. ROP(.4enle 04APF00 �i(t5fl' 4 Commecirotc. 416 46 lir TD fact /V6 �Cei IR. b6' 14.0 6(S t. S • AKSwered Bin REC} Architects Dote: N£1. Q Q o WI' 1 5 CD ft I cT J E V) cn { t/) x O c N i CD '7 Q Bi y i I I m a �T d ogs i ' k, Z !i l N rhhhtifiii ■ BOCA RATON, FL, RUTH JONES COTTAGE July 30, 2011 Boynton Beach, Fl. CHANGE ORDER #4 SCOPE OF WORK As ner section 2 on S - 1.4 roof Framing Plan received 7/22!11 Demo & Installation anterior structural sheeting: Remove existing 1"x 6" structural siding on alI exterior walls and install new W' CDX plywood. a) Labor - 3 mom, 15 hours at 845.00 S 2,025.00 b) Material - plywood and nails $ 1,270.00 c) Supervision, overhead & profit $ 494.00 TOTAL $3,789.00 Kaufman Lynn Construction, Inc. CHANCE ORDER No. 00010 ■06 Banyan Trial Phenp: 561 - 361 -6700 ,oca Raton, FL 33431 Far: 561 - 361 -6979 TITLE: Cottage Windows DATE: 8/19/2011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Attn: Vivian Brooks CONTRACT NO 1 Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3256 Fax: (561) 737-3258 RE: PCO To: From: Number:0001 D DESOHETION OF CHANGE Changes to window scope and sizing per attached drawings provided by REG in anticipation of !&tire tenant layout. "'Plus General Conditions to be based on compensabte delay. Item Descripdon Stedc# Quantity IJsdts Ili t Pries Tax Raft Tax Anna* Net Amount 00001 Caste far ccigiml oottste window - l G U 1.000 (S7,205it) 0.004 30.00 ($7,205.81) sad door Padget Siesta Haag Windows: (33,780.00) Fria& Dome; (31650.00) Bodge! Fan Condit (3643.08) Lability brownest CYsd t based oat .06% (4144) Bond Fee Credit based on 127% (9037) Budget Fes Credit (643.00) tom Q u o t e d e a s t Ito Pearce %A we a S 5 i (, 1.000 313,017.00 0.00% 30.00 313,017.00 Dews par new window sad door acbednis attached via SW dated 711/11 via windn err mpoadene 00003 CM Fee based on 15% 1.000 3871.68 0.00% 30.00 3871.68 00004 Liability Ino<aooe based on .60% i 5 `t 1.000 340.10 0.00% 30.00 340.10 00005 Bond Used aa 127% U 3 C. 1.000 88538 0.0044 30.00 $8538 The Original Contract Sum was $953,388.00 Net Change by Previously Authorized Requests and Changes ............................ $34,23L02 The Contract Sum Prier to This Change Order was ......... S987,619.02 Th e Contract Sum Will be Increased » ......... .................`..._......... .. ..........................._... $6,80833 The New Contrast Suet Including This Change Order ..... 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SR i.4 -, : - •!, .4 J fi .4 ifs If ff Lei ./S i. 02 v. L! Y. V` '..4 r V. V - '4 - i 1 ., '„ - r t- c . t • 'r 4 • - . _ .-.4 i-- F, • G . 1 J S T r, i -: rj. .3 .. ,.„ _ --. .,7 -: ",,,, :.._-. ,i,"-; .4.' ii a — 2 ii-. 4. .9 --- 4 Jy c r P A y � ,3 O :r. iC F N R t .. A at ' J i : s r c A ,. Z 7..) v G G '-= x .� r r t f 4 r 1.5 c v V. Z G • t. :. .g u < i t -, - ° g 7 Y ,-/''',v,8 • :$ r:. 1-- H I e ., _ 7:...: ......) _.,-. s...,,,1 a. i "' x x , - o A xj� � ..., . NI . '.4.; v * - � %'y L ^ 4111=M. 4 Kaufman Lynn Construction, Inc. CHANGE ORDER No. 00011 1 6 Banyan Trial Poses 361 - 3614700 Jar law, FL 33431 IF= 561 - 3614979 . TITLE: Daily Cost for General Conditions DATE: 8/1912011 PROJECT: Boynton Beach CRA Improvements JOB: 907 TO: Mtn: Vivian Bzoob CONTRACT NO: 1 Boynton Beach CRA 915 3 Federal Highway Boyton Beach, FL 33435 Phone: (561) 737 -3236 Fes: (561) 737 -3258 RE: PCO To: From: No®ber.00012 DlifieftgraOff mum General Conditions crow calculated per day due to continued table delay. Attached spreadsheet derived from the current mat order aabadtrle of valises. assesd mold= line items Uwe been calculated with the considerntion alibi three projects. Lobar has been calculated with the consideration that the Ruth Jones Cottage will continue after the Amphitheater and Marina Entry are completed. Plane sea spreadsheet attached. Item Deseripden Stec Qsaatity Units UsitP'riee Tar Rate Tax Aren't Net Annum 00001 Gootaal Ccedidooe Cats 1.000 $483.89 0.00% *0.00 54,283.89 =Waled per deyamidaeied the edgedsmemr, appliedio mnee projects Iles amou tt coded is *Oho Rath Imes speeiesetiy retake le des ruler lir *ley. Total (meal Omni n per day requested is $13819. 31 deya mowed • 00002 Srperviuice. Project Meeeaemeut 1.000 34.122.40 0.00% 80.00 325,122.40 escheats estodelsd per day es mashie fwr the empewble delay &he. Trigg l!sojeot,osss.,eet sadadedsitnli+o per day roptemsd 11 3810.40. 31 deys eeltoeeied Th e OrigLul Contract Sun wsa .......:......_............... ...••••■•••••••••.••■•••■••••...•....:......• $ .88 N et CMige by Previously Ant orlaed Requests and Changes ..•..........•.. ............................... 141,039.37 The Contract Sad Prior to Thk Change Order was $9 The Contract Saga WIH be Lerearsed 1214406.29 The New Contract Sum Laehding Thk Change Order $1,923,$33.66 I w� e� �i i g It 4 �i o v 4, , 114, 1 1 III It; il - 4 - § " 44F IIIPA M I *fa' 47— i i A 1 yfAHh h N N htA h wts, 88 r: g ' 41°4 a 1 w. i r7 d R 4 G { i f e I I I I I • { c °o °a r rS" -- v' 1 Ij �j I l 1 Ii l 1 I , — ; 1 � � I — � I I -- , 1 , i 1 I a m _i_ mis '� ai 1.14 li i '1 y') 1 � vs I I {� s! � ;;iI I 1 I l �i I _ :I � Il I H I I, 1 1 I t ' 1 I 1 ti p l i{ A g a i. id I 1 y iii i li Y i 8 I I ws � i 1 -. xi L Y 4 I g glii 1 . "1! 1 111M on W O F c I- 6i 1- 9 i 21,6 +"� $44444" aege000eo e000 1 i 1 BOYNTON cRA BEACH1 CRA BOARD MEETING OF: February 14, 2012 Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Update on Code Lien Foreclosure Matter on Luchey Property Located at 118 and 128 MLK Blvd. and Consideration of Offering Lender $140,000 to Purchase Both Properties SUMMARY: The City has code liens on the two above - referenced properties. The two properties are adjacent to the Sara Sims Memorial Park and the recently acquired Brandom property that was demolished and deeded to the City to add to the Sara Sims Memorial Park. These two properties are adjacent to the Brandom property. (See Attached Map.) There is no guarantee that the lender will accept the offer. However, due to the fact that these properties have been such a nuisance to the community staff feels it is important enough to make the effort to obtain them, Attached is a memorandum from the City attorney regarding the issue. FISCAL IMPACT: $140,000 plus customary closing costs and demolition. CRA PLAN, PROGRAM OR PROJECT: The Heart of Boynton Community Redevelopment Plan. RECOMMENDATIONS /OPTIONS: Staff recommends that the Board approve $140,000 to the mortgage lender for the two properties. / Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012\Luchey doc CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Jose A. Rodriguez, Mayor Members of the City Commission Members of the Boynton Beach Community Redevelopment Agency Board of Commissioners CC: Lori LaVerriere, Interim City Manager Vivian Brooks, Boynton Beach CRA Executive Director FROM: James A. Cherof, City Attorney p1fe David N. Tolces, Assistant City Attorney ' DATE: January 4, 2012 RE: City of Boynton Beach ( "City ") /Foreclosure of Code Compliance Liens on Property Owned By Andrew and Gail Luchey - 118 NW 10 Avenue and 124 SW 10 Avenue In 2009, the City filed a foreclosure action against Andrew Luchey and Gail Luchey seeking to foreclose the code enforcement liens which have been recorded in the Public Records of Palm Beach County against the above referenced properties. Since the time of the filing of the litigation, the City has attempted to negotiate a resolution of this matter with Mr. and Mrs. Luchey. Mr. and Mrs. Luchey offered to convey the property to the City subject to the existing mortgages on the property. The Lucheys agreed that they would not be entitled to any proceeds from the conveyance of the properties to the City. The two properties which the City filed the foreclosure action against are located at 118 NW 10 Avenue and 124 NW 10 Avenue. Based upon appraisals obtained by the City, the appraised value for 118 NW 10 Avenue is $40,000.00, and the appraised value for 124 NW 10 Avenue is $70,000.00. At this time there are mortgages recorded against each property. The current payoff amounts for each mortgage is approximately $130,000.00. As the appraised values for each lot are below the current mortgage pay off amount, it would not be reasonable to offer to pay off both mortgages in consideration of the Lucheys conveying the properties to the City. Therefore, it was suggested at mediation that the City, with the financial assistance of the CRA, offer to pay the mortgage company a lump sum of $140,000, in an effort to pay off both mortgages. In order to have the mortgage company consider the proposed settlement offer, however, the City must make a written offer to the mortgage company. Therefore, at this time, our office is requesting authorization from the City Commission as well as the CRA Board of Commissioners to make such a settlement offer to the mortgage company. If the City Commission and the CRA Board grant the authorization, our office will forward a settlement proposal to the mortgage company with the goal of having the bank release both mortgages for a total lump sum payment of $140,000.00. The Lucheys would then convey the properties to the City. The Lucheys will not receive any compensation for the conveyance of the properties to the City. If approved by both the City and the CRA, and accepted by the mortgage company, the CRA would provide the funds necessary to pay off the mortgages and acquire the properties. If the City Commission would rather have these settlement discussions in a closed session pursuant to Section 286.011(8), Florida Statutes, we will make the necessary arrangements to do so. If you have any questions or concerns, please do not hesitate to contact our office. DNT:kml H:1200910904781Cominission Update - Settkm ntdoc Palm Beach County Property Appraiser Property Search System Page 1 of 2 = , 3 a ry R N i ko i i is C - ''t '^, Property Appraiser's Public Access System PlrelPIr .. r �—= 4 Home - Property Information Location Address: 118 W MARTIN LUTHER KING JR BLVD View Map Municipality: BOYNTON BEACH Calculate Portability ,I Parcel Control Number: 08-43-45-21-09 -000 -0011 2011 Proposed I Subdivision: HILLTOP VILLAGE IN Tax x Notice J Reverse Side Official Records Book: 14586 r!ti;r . 714 Sale Date: Dec -2002 Help Legal Description: HILLTOP VILLAGE W 7.5 FT OF LT 1, LT 2 & E 7.5 FT OF LT 3 - Owner Information — Name: LUCHEY ANDREW & I All Owners Mailing Address: 8517 ESTATES DR WEST PALM BEACH FL 33411 6537 - Sales Information Sales Date Book /Page Price Sale Type Dec -2002 14586/0714 $121,000 WARRANTY DEED LUCHEY ANDREW & Aug -2000 12021/0503 $89,000 WARRANTY DEED BOSCH SANDRA Aug -1983 04020/0374 $28,000 WARRANTY DEED I Exemptions Exemption Information Unavailable. - Appraisals Tax Year: 2011 2 „i I' - Property Information Improvement Value: $48,585 $48,585 $80,498 Number of Units: 2 Land Value: $27,792 $30,899 $45,759 *Total Square Feet: 2550 Total Market Value: $76,377 $79,484 $126,257 Acres: 0.17 * May indicate living area in Use Code 0800- MULTIFAMILY < 10 UNITS residential properties. All values are as of January 1 each year - Ass &seed and Taxable Values Tax Year: 2011 2010 2009 Assessed Value: $76,377 $79,484 $126,257 Structure Detail Exemption Amount: $0 $0 $0 Taxable Value: $76,377 $79,484 $126,257 Palm Beach County Property Appraiser Property Search System Page 2 of 2 - Taxes Tax Year: 2013 2010 2009 1 Tax Calculator Ad Valorem. $1,735 $1,786 $2,752 Non Ad Valorem: $374 $324 $310 Details Total Tax: $2,109 $2,110 $3,062 Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. Palm Beach County Property Appraiser Property Search System Page 1 of 2 R ( � N ik o l i t s CFA • roperty Appraiser's • u I is cc ess ys em • P li r e l ti fG ir I I� E �/ �1 4E1 �� f r i r" i- r r. Horne ^ f - Property Information Location Address: 124 W MARTIN LUTHER KING JR BLVD View Map Municipality: BOYNTON BEACH Calculate I . Portability Parcel Control Number: 08 43 45 21 - 09 - 000 - 0031 2011 Proposed 1 Subdivision: HILLTOP VILLAGE IN Tax NOtiCt Reverse Side Official Records Book: 14559 1192 Sale Date: Dec -2002 flelp Legal Description: HILLTOP VILLAGE W 42.52 FT OF LT 3 & E 22.5 FT OF LT 4 - Owner Information Name: LUCHEY GAIL 1 All Owners Mailing Address: 8517 ESTATES DR WEST PALM BEACH FL 33411 6537 - Sales Information — Sales Date Book /Page Price Sale Type I Ail Sales Dec -2002 14559/1192 $120,000 WARRANTY DEED LUCHEY GAIL Dec -1993 08034/0846 $27,300 STATE DEED Mar -1993 07654/1310 $100 WARRANTY DEED r Exemptions Exemption Information Unavailable. - Appraisals Tax Year: 2011 Lc,cas - Property Information • Improvement Value: $59,491 $59,491 $98,247 Number of Units: 4 Land Value: $31,431 $34,944 $51,751 *Total Square Feet: 2550 Total Market Value: $90,922_ $94,435 $149,998 Acres: 0.20 * May indicate living area in Use Code: 0800- MULTIFAMILY < 10 UNITS residential properties. All values are as of January 1 each year - Assessed and Taxable Values Tax Year: 2011 2 2,009 Assessed Value: $90,922 $94,435 $149,998 ( Structure Detail Exemption Amount: $0 $0 $0 Taxable Value: $90,922 $94,435_ $149,998 Palm Beach County Property Appraiser Property Search System Page 2 of 2 - Taxes Tax Year: 201 2010 2009 I Tax Ad Valorem: $2,065 $2,122 $3,270 Non Ad Valorem: $748 $648 $620 1 Details Total Tax: $2,813 $2,770 $3,890 Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. ■ - > ; , ■ . ' "a w /SS 6i'V'wN 1 • • V M • .. t.a • t a r i p rin NEw . . • A . 416.... 1 ;1 1111111112 7,-• : : i . ar, a 4. 40,41, 4 / y . � �y r� 1 ) r c� N . w r • cD - M co ' CO CD .7 lip t g �� ti 4 • an il.. i. I!:, 1 lilli 1' ' „Li, "p - l „r - a AY' �,..� x 1 . ! .. ..a+ " '. ' 1 ii ti + 1_ ..« ..,w XI. Old Business: D. Discussion of Expanding Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items There is no backup material for this agenda item. BOYNT =BEACH CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda 1 1 Old Business X1 1 New Business 1 1 Legal 1 Executive Director's Report SUBJECT: Consideration of Second Amendment to Development Agreement between CRA and HFHSPBC CLT, Inc. to Update Legal Description SUMMARY: This item is to correct the legal description within the development agreement between HFHSPBC CLT, Inc. and the CRA regarding the Ocean Breeze West project. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: The Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Staff recommends approval of the second amendment to the Development Agreement between HFHSPBC CLT, Inc. and the Boynton Beach CRA. Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \February 2012 \OBW Habitat 2nd Amendment doc SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WHEREAS, Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter the "CRAM) and HFHSPBC CLT, Inc. (hereinafter the 'Land Trust ") entered into that certain Development Agreement (the "Agreement') dated August 23, 2011 concerning the real property located in Palm Beach County, Flonda (the "Propertm ") WHERAS, the Agreement was amended by that certain First Amendment to Development Agreement dated January 19, 2012 to provide for the exclusion of ten (10) of the twenty -one (21) lots from the Land Trust WHEREAS, the purpose and intent of the Agreement concerned the conveyance of certain properties from the CRA to the Land Trust which are located in the plat of Ocean Breeze West recorded in Plat Book 114, Pages 23 and 24 of the Public Records of Palm Beach County, Florida. WHEREAS, Exhibit "A'" of the Agreement did not contain a legal description of the property that was intended to be the subject of the conveyance but instead contained the folio numbers of three properties not located in Ocean Breeze West. WHEREAS, the CRA and the Land Trust have agreed to amend the Agreement to provide the correct legal description of the properties that should be the subject of the conveyance. NOW THEREFORE, in consideration of the mutual covenants, the CRA and the Land Trust do agree to enter into this Second Amendment to provide that 1. Exhibit "A of the Agreement is deleted in its entirety and replaced with the following: Lots 1 through 21 of OCEAN BREEZE WEST. according to the Plat thereof, as recorded in Plat Book 114, Pages 23 and 24. of the Public Records of Palm Beach County, Florida. 2. In the event of any inconsistencies between this Second Amendment, the First Amendment and the Agreement, the provisions contained in this Second Amendment shall prevail. In all other respects, the terms and provisions of the Development Agreement dated August 23, 2011 are ratified and confirmed. PLEASE SEE SIGNATURES ON PAGE 2. 1 OF 2 CRA: LAND TRUST: Boynton Beach Community Redevelopment HFHSPBC CLT, Inc. Agency, a public agency created pursuant to Chapter 163, Part III, F.S. By: By: Title: Chairperson Title: Date: Date: H \2010 \100536 \Amendment to Development Agreement doc 2OE2 FSS 288.075Confidentiality of records. — (1)DEFINITIONS.—As used in this section, the term: (a) "Economic development agency" means: 1.The Department of Economic Opportunity; 2.Any industrial development authority created in accordance with part III of chapter 159 or by special law; 3.Space Florida created in part II of chapter 331; 4.The public economic development agency of a county or municipality or, if the county or municipality does not have a public economic development agency, the county or municipal officers or employees assigned the duty to promote the general business interests or industrial interests of that county or municipality or the responsibilities related thereto; 5.Any research and development authority created in accordance with part V of chapter 159; or 6.Any private agency, person, partnership, corporation, or business entity when authorized by the state, a municipality, or a county to promote the general business interests or industrial interests of the state or that municipality or county. (b) "Proprietary confidential business information" means information that is owned or controlled by the corporation, partnership, or person requesting confidentiality under this section; that is intended to be and is treated by the corporation, partnership, or person as private in that the disclosure of the information would cause harm to the business operations of the corporation, partnership, or person; that has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement providing that the information may be released to the public; and that is information concerning: 1.Business plans. 2.Internal auditing controls and reports of internal auditors. 3.Reports of external auditors for privately held companies. (c) "Trade secret" has the same meaning as in s. 688.002. (2)PLANS, INTENTIONS, AND INTERESTS. — (a)Upon written request from a private corporation, partnership, or person, information held by an economic development agency concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for 12 months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first. (b)An economic development agency may extend the period of confidentiality specified in paragraph (a) for up to an additional 12 months upon written request from the private corporation, partnership, or person who originally requested confidentiality under this section and upon a finding by the economic development agency that such private corporation, partnership, or person is still actively considering locating, relocating, or expanding its business activities in this state. Such a request for an extension in the period of confidentiality must be received prior to the expiration of any confidentiality originally provided under this section. (qA pumu nfhcer "' enu|uvec. oo. cr +^,, 'n( ' u^.mngag/eennem `v'|' d- corporation, �artnersh/p. •., ouso'. *'`c has eq^ester .mnhde"bai/t nw/'. under this subsection until 90 days after |n. ~/u' s made outo|.' 1 The public officer or employee is acting /r an official capao\‘, 2 The agreement goes not oo■ue ' /hp /`p's/`na' r°'npf't nfsu'7O oubxC umce employee, and 3.)n the professionai judgment or tile officer or employee, the agreement .s necessary to effectuate an economi development project (3)TRADE SECRETS.- Trade secrets held by an economic development agency are confidentia and exempt from s ) (]) ;Inn °4(,= ) Art 1 of the Stair Constitution (4)PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION -Propr/etam confidential business information held by an economic development agency '^ confidential and exempt from s. 119.07(1) and s. 24(a), Art. l o the State Constitution, until such information is otherwise pubhcly available or is no longer treated by the proprietor as proprietary confidential business information (5)IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBEQS.- Ahedera/ employer identification number, unemployment compensation account number o' Florida sales tax registration number held by an economic development agency confidential and exempt from i29U7(]/and s 24(a) Ad. of the State Constitution (6)ECONOMIC INCENTIVE PROGRAMS ' (a)ThefoUVwmg information held by an economic development agency pursuant to the administration of an economic incentive program for qualified businesses /` confidentiai and exempt from s 11yO7(I) and s. 24(a), Art 1 of the State Constitution for a period not to exceed the duration of the incentive agreement, mdudmg an agreement authorizing a tax refund or tax credit or upon termination or the incentive agreement: 17he percentage of the businesss sales occurring outside this state ono, for businesses applying under s 288 the percentage of the business's gross receipts derived from Department of Defense contracts during the 5 year /rnrned/atery preceding the date the business's application is submitted. 2.The anticipated wages for the project jobs that the business plans to create as reported on the application for certification 3.The average wage actually paid by the business for those jobs created oy 1r project or an employee's personal identifying information which is held as evidence of the achievement or nonachievement of the wage requirements of the tax retund, tax credit. or incentive agreement programs or of the )ob creation ,equ//ernents of such programs 4The amount of, a.Taxes o' sales, use, and other transactions paid pursuant to chapter 2,2 b Corporate income taxes paid pursuant to chapter 220, cInteng/b|ep*rsona{ property taxes paid pursuant to chapter 199. U,{nsuraoce premium taxes paid pursuant to chapter 624 e.Exose taxes paid on documents pursuant to chapter 201 f.Ad ialorem taxes paid, as defined in s l2U,O32(l)' o/ g.Sta<e communications services taxes paid pursuant to chapter 202 (b)I An economic development agency may release a Names o qualified businesses b rhc v.ota| number of jobs eac|` business expects , create Tne Intel -/umber of jobs created by eacr; business d arr/.,h` of tax refund" \a edit .nc'ent Ives awarded to and ua/rne'1 U� each nusine,,, 2.For a business applying for certification under s. 288.1045 which is based on obtaining a new Department of Defense contract, the total number of jobs expected and the amount of tax refunds claimed may not be released until the new Department of Defense contract is awarded. (c)An economic development agency may publish statistics in the aggregate and classified so as to prevent the identification of a single qualified applicant. (7)PENALTIES. —Any person who is an employee of an economic development agency who violates the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (8)LEGISLATIVE REVIEW OF EXEMPTIONS. —This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2012, unless reviewed and saved from repeal through reenactment by the Legislature. History. —s. 1, ch. 77 -75; s. 1, ch. 79 -395; s. 3, ch. 83 -47; s. 1, ch. 86 -152; s. 1, ch. 86 -180; s. 1, ch. 86 -218; s. 1, ch. 89 -217; s. 104, ch. 90 -360; s. 245, ch. 91- 224; s. 220, ch. 95 -148; s. 1, ch. 95 -378; s. 1, ch. 96 -353; s. 135, ch. 96 -406; s. 14, ch. 99 -256; s. 1, ch. 2001 -161; s. 5, ch. 2002 -183; s. 27, ch. 2003 -286; s. 55, ch. 2006 -60; s. 1, ch. 2006 -157; s. 1, ch. 2007 -203; s. 23, ch. 2011 -76; s. 148, ch. 2011 -142. 'Note. — Section 35, ch. 2011 -76, provides that: The executive director of "(1) the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act. Notwithstanding any other "(2) provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules." B OYNTON I ' III BEACH CRA BOARD MEETING OF: February 14, 2012 1 Consent Agenda 1 1 Old Business New Business ( ( Legal Executive Director's Report SUBJECT: Discussion of Status of Mayor's Challenge Event SUMMARY: The former Mayor Rodriguez initiated the Annual Mayor's Challenge and he solicited and obtained all of the donations that support the event. The two confirmed donors for this year's event have withdrawn their support and even Whole Foods indicated a conflict by email. Staff would like direction as to the future of this event. 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Heart of Boynton Redevelopment Strategies 2001 - 2011 City and CRA Funds Spent and /or Approved Activity to Date Status 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 Page 1 of 2 Utterback, Theresa From: Wendy Hymson [whymson @subwaysfl.com] Sent: Tuesday, February 14, 2012 2:41 PM To: Utterback, Theresa Cc: Brooks, Vivian; Simon, Michael Subject: RE Family Development Partners - Interior Build -Out & Commercial Facade Grants Attachments: SKMBT_C22012021415140.pdf Hi Theresa, As per our telephone conversation of yesterday, lam requesting that our application be removed from the schedule for this evening's meeting. We are purchasing another location in Boynton Beach that will be our Regional office. I would request that you hold your funding for approval for us for the March meeting. I have attached a copy of the purchase /sale contract for the building at 420 Boynton Beach Blvd, which is the new location. We will be remodeling some of this building however, the work to be done is not as extensive as the work that was proposed at 508 E. Boynton Beach Blvd. We anticipate having drawings, permitting and all requirements prepared for the March meeting. Thank you for your attention and assistance to this matter. If you have any questions, please feel free to contact me. Wendy Hymson Office Manager /Executive Assistant The Feldman Group Subway of South Florida 561 - 752 -2000, ext. 1120 whymson @subwaysfl.com From: Utterback, Theresa [mailto:UtterbackT @bbfl.us] Sent: Monday, February 13, 2012 2:59 PM To: Wendy Hymson Cc: Brooks, Vivian; Simon, Michael Subject: Family Development Partners - Interior Build -Out & Commercial Facade Grants Hello Wendy: Per our telephone conversation, you advised that the project located at 508 East Boynton Beach Blvd. (Subway Regional Offices) was changing project location. In light of the fact that your grant applications (Interior Build -Out & Commercial Facade) are scheduled before the CRA Board at tomorrow night's meeting, please provide confirmation as to whether or not you wish to continue with the grants Keep in mind the grants are not transferable and there are strict time restraints on completing the projects Please let me know how you'd like me to proceed. Thank you, ') /1 A /')!11') • Page 2 of 2 Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ ;r. El 3 a- Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at www J -mgma mobs 2/14/2012 • T. PURCHASE AND SALE. rBuYeil ✓ agrees to buy and F1NANCIb& BOYNTON GROUP INC Metier) a• agrees to sail the props .described as Street Address: 420 W BOYNTON BEACH BLVD, BOYRfTON BEACH EL 4, r Legal DescrlptiOn: BOYNTON HEIGHTS ADD NO i LTS 3 &4 ( LESS 10FT SR 804 R!W) ✓ and the fonds/Mg Personal Property: 8• s (alt ooliectively referred to as the 'Pmpert/) on the terms and conditions set forth below. The 'Effective Date cif this Contract is 10 the. date on which tlx: last of the Parties signs latest offer. Time Is of the essence in this Contact: Time periods of 5 11 daysor less will be computed without including Saturday, Sunday, or national legal ht3lidays and any time period ending on a 12 Saturn y, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day, m� 2. PURCHASE PRIG: $ 800,000.O0 14. fa) Deposit herd in esciaw by SECURE LAND TITLE & ESCROW $ 100.000.00 ' i (b) Additional deposit to be made within _ .... days fiom Effective Date $ 0.0n 16' (c) Total mortgages. (as referenced in Paragraph 3) $ 0.01) . 17' (d) Other: _ ... $ 0.00 1a (e) Balanc1e to close, subject to adjustments and promotions, to be made with cash, locally drawn $ 500000.00 79 certified or cashier's check or wire transfer. 24 3. THIRD PARTY FINANCING: I ithh days frctrr t fsctive Date eAppica Lion Period", &liter w41, at Buyer's expense, apptYthr third partyfinentim in the amount of$ of % of the purthasepricelobe anortlzei over a period of 22 years and due in no less than years and With a fixed interest rate-not to exceed CI % per year variable 1ntz eat rate not 29' to exceed l7 % et _origination with a ffetinie cep nett to exceed .96 from initial rate, watt additional terms aft follows: 24• lamlyet wit pay for the mortgagee tide Irrsurancepoky and for ai bars expenses. Buyer wiItingly provide any and all met, 26 employmennt, iinanclalald other information ably required by any lender. Buyer will notify Suer immetfrately upon obtaining 2r irnamc ng or being rejected by a lender. V Buyer; after ;Agent effort, least) obtain a written c rnrnienent Wthin _ days tram 28 Effective Date ('Financemg Period"), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's t(s) will be reamed to Buyer in accordance wrth Paragraph 9. ' Buyer ( ) { ) and Seller ( ) ( ) ackflowledae receipt o f a copy of i'rs D3a which is ;mac 1 of 6 Paciea. co -2 0 1997 Assbdatiotr fif HEirtOnb® M Netts Fteservecf LEI se' icY Taos Assessments, and Pry The tidying kern Wril barnacle dsrent and pibrated ld as of twig Date 84' tl as Of - :Natal eetatetaxes, band told tastraesrlttent payitnel#s aSsUrtled by Bayer, MEM its rents. association tomes; insurance premiums to Bayer, operational eecoenses curd iteetsitydeitesits es tf the mount °fleexes and asseeerre ntsfor rentyea'cannot berescertalrneid, rates for ihe p nenllo*rsye rwt beusedwit" due 87 allowance being forImprthrements end exemptions. der is aware oftheibriowring as rnertta BM:clingar rxtentialy se afieethrig the Property: , NONE to Buyer wtN be reeponsiblefor aft assessments of array kind which become :duoecid owing on or after Creative Date, unless the co inssovement is substantielly Completed es.M Gimlet in *Koh case Setter win be obligated to pay this entiie atiseaerhert. 91 (d) FiRPTA Tarx. klieg; The forebn Investment in Real Property Act CFIRPTA1 /*embus Btyerto withhold at closing a 92 portion of the purchase proceeds for to the l;,tea r xlt Revenue Service ('LRS:, if Seller is a `foreign' person' as defined e3 by the interned Revenue Code. The parties agree tocompy wlth the provisions of FIRPTA and to proOde: at or prior to closing, or appropriate documentation to establish any applicable exemption from the wfhholdhg mark: if Whyte:frig is required es and Buyer does not have cash scdlkiiient at dosing to meet the waithdding requirement, Seller Will probe the necessary funds es and Buyer f provide proof to Seller that such funds were properly rsmfkisd tothe srr 8. ESCROW Buyer and Setter author SECURE LAND ESCROW . ore Telephone: _ (581) 207 €703 Facsirnih: Addresr& 712 US 1$TE•23O, N_ PALM B01-1 fit 33408 99` to act is , taw A' tar to receive funds and other items and, st Ject to clearance, disburse them h.aarordance WIh the terrns °U tile Contract. Escrow 're Agent will deposit ell funds teeeived h fd a non- aiterest bearing ssetow at cdurtt0 an interest beams escnow.aocourrt with roe• interest accruing to X with interest tssbursed (cheek one) 0 at erasing Ice' CI at X intervals. If Erector; Agent'rteceives &intends or hers a good faith do>tbit as td Esatiw 104 Agent's duties or Iiab7kies under this Contract, heist may (s0 had the subject matter of the escrow unto the parcels tnutuaily has a to its disbtwtnere + it omit issuance Of 8 court orderer Motion of atifiator del+ rit hi ng the parties' tights regarding the lens escrow or (b) deposit theeribject maiterethe tecroVe wittrthe clerk of the tourt having jurtscActIon over the dispute. Upon 107 notifying parties of such action, Escrow Agent will be from ail. habit ty except for the ditty to air bunt foritems 108 previously delivered but of ezcrow 4f a licensed te$► estate broker, EscroW.Agent Writ orrtplywith applicable worts of Chapter lot 475, Florida Statutes. in any suit or arbitration in which Esc.raw Agent Is made a.patiy bet eUt a of acting es ageint heaiestrider or lib inter the subject matter of the escrow, Escrow Agent will recover e sonable attomeyS' fees' and costs at all levels, with 111 - such fees and costs to be paid from the escrowed funds or equivalent and charged and ewsrded as court or other costs in favor 112 of the prevaring party. The paties.agree-lhate Escrow Agent will not be linable teeny person for misdalivery to Buyer or Seller of 113 esa0Wectiterns, Unless the.misdeiveiy is due to Escrow Agent's valid breach of this Contract or gross negigence. 114 7. PROs R1Y CONDTfION: Seller will deliver the Property to Buyer at the time agreed 5i - its present "as ls" concretion. ordinary 1 i5 wear and tear ED c oepted, and Wti mental the landscaping and grounds in a comparable *station_ Seller makes no warranties tie other then rnarketabitty of title. By accepting the Property as is," Buyer weiwes ea claims against Selerlor any detects in the 117' property. (a) or (b)) i lt B %) As ts': Buyer tras:tnspe led the Properly or MINES arrytight to inspect and accepts tlia.Property In rill "ore is" ion on. r r9 D (b) Due Diligence Period:.8ryervut9, at sayers expense and within . daystern Data (' Dtse Di - Period'), 120 determine whether the Property Is au liable, Nt 'sole and absdete dsaetton, for Buyers intended tree and daridopMent of 121 the Property as specified in IDaregraph 4. Outgrip Due Diligence Pontoon Buyer alai/ condu t ariy taste; endless, au n eyssend 122 / -vificb Buyeroisernsneceseary10 Ctem*eto Bu yeet sedisfar:litsi the Floperly's engineering,. 1233 archltecristi, erwironmental privet wort ng and ttood ioneckisigneitionenci r '1s; aubtiMslon 124 lagu obis; tog and grsciar' avariabrity'r orso less to li » 3Jc roads, water, end °Die b� 1cywith local, skate end tegiornal 125 growth management and comprehensive land use p t px of permits, gover1'rr11at 5 trid kker ; `t ornptie nG Mitt 126 Arn rican.with Ad; absena dasbestos, haa7 and ground watet orlte rni edkn end other inspeclions that Buyer deems 127 appropriatsto determinaihe sulabilitycaIhe.Property for Buyers intended tee and deveiopment. Buyer shall de r%vite notice' 1203 - to - Seller prior to the trioriatichof lh Due Mance Period of Buyer's dateerrinabon ofwhneiher not ilie Property is acceptable. 122 Buyei s puree to c snip y with this notice req.thernerit shat[ conseluteecosptance of the Property in its present as Is' condition. tar - Seller grants to Bar, its agents,,ciontreldts and s Thettit enterthe Ptnpetty�at art./tithe during rue Diligence the 131 Period for ' Y" F ose u � !^ � y { i hoer I , ag vn s, and tr enter 132 Prope'r'ty and conduct Inspections at their own risk. Buyer shall hde rtn7y and hold SeIer'harrriess from lases, dsmeges, its, 133 claims and gocpenees of any nature, lido attorneys' s' faosst an meets, acid from tai 'toe person, Wart from the conduct of 134 any and ali intiMOtiors d any workauthorized by8tiyar. Buyer wn not - engage.h aty aetk y that +old mut h a ten ies being tiled against the Property wfttiout Selier's prior written comet, In theeventtis transaction doss not obse. (1) BuYer Ghall repak all damns to the Property resulting from the-Inspections end rredtirti the Property to the c;undtfion if wash prior to conduct of 13r the i ee :Vons end 3;2} Bayer shall, at Buyer's ecpertre, release to Seltera4 reports and other work generated as a result oft* Ise Inspections. Should Buyer dater *rely matte fret the Property is not suable, eerier that Buyer's deposit shell be 133 Immeciately returned to Buyer and the ()attract terminated. 140' Buyer (___,} L_._) and Seller ( _ � ( ___ J acknowledge receipt of a copy of this page, which is page 3 of 6 Pages. 1&e 14. OPTIONAL. CLAUSES: (Check if envoi the blowing clauses are applies and a ns attached as an addendum to this Cdrdretx}: ler D Arbitration 0 Seller Warranty 0 Mortgage air D Sect do 1031 Exchange D Coest&Consttuction Control Line iiiitther V.oirrikoorr r.:ttf etS,Zkr0 t D Property InspeCtion and Repair O flood Area timid Zone D Other zxr 0 Seller Flepresertletions 0 Seller Financing 0 Other . 201 15, Mi ELLANEOUS: The ta{{{rs of this Cdntract cite the entire agreement betwten13uyer end Seller. Modifications of 202 this Contract will inotbe binning urn i1 writing, signed and delivered I7ijlhe party' be bound. Signatures, initials, docx.tnerbs 203 referenced h this Contract, courderparbs and written modifications wed electrdnically or on paper will be acceptable or 204 all purposes including debvery, and will be binding. Handwritten or typewritten tetras inserted In or attached to this Contract prevail zas over preprinted terms. if any pro►neion *this Contraot is or becomes hrvei d or unerdorceabfe; all rernalrtkng provisions WA continue 203 to be fully eltective. This Contract will be constnied under Florida law and will not be recorded In ay public records. Delively of any 207 written notes totem party's agenrwill be meted delivery to That party. Re THIS IS *IT TO BEA DALLYRIMING CONTRAGT:IF NOT ALLY UNDERMOD, SEEK THE ADVICE OF AN ATTORNEY 20® PRIOR TO SIC,'I4INC . BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORMTIO THEM ANDTO CONSULT ANAPPROM:WE PROFESSIONAL FO LEGAL-ADVICE OREYAMPLE, 211 V TERPRETING COMPACTS, DEIERMININGTHE EFFECT OF LAYS 4 N THE PROPERTY AN TR$NSADT!ON,SIXTUS OF 212 TritE, FO3 BGN INVESTOR REPORTING REQL;UIR1:NIl 41S, MC.) AND PORTAX,PAOPERri cONDm0N, ENVIRONMBVTALAND era OTHER SPER ADVICE. BUYE RANNO THAT BROKER DOES Nor OCCUPY THE PROPERTY ANDTHATALL 214 REPRESENTATIONS ( O R A L , WRITTEN OR OTHEPMSM B Y BROKER A R E RASED ONSf3LER REPRESINIXTIONS OR PUBLIC 715 RECORDS UNLESS BROKER %IDlt`{i[tIESPERSONALVERIACATIONOPINE REPRESENIMION, BUYERAGREES TO FELY 210 SOLELY ON SELUM, PROFESSIONAL INSPECTORS AND GOVERNMENIALAINIICIES FOR VERFICA710N OF THE PROPERTY 21? CONDITION, S JA fEAND FACTS THAT MATE UY AFFECT PROPE,RTYVALUE, zi• DEPOSIT RECEIPT: Deposit tf $ 5Y 0 credo 0 either received on 219" , by ._.,.. 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Prtperty an the above terms end conditions. Unless acceptance is sand by Seller and a err signed copy delivered to Buyer or Buyer's :,• , no later than 5 Da,m. ti f p.m. on FEB 10 , 2012 zza Buyer may revoke ails offer end : • - ,- wind of all .•i , 224 bate: 2. h .-ter ; �=� —� l:._; ft No: 225 'line:... Telephones Facsimile: . , 226' Address: . _ _ r .. .. ... . .. zz• Data: BUYER: . Tax ID No: rrtle: ir .. Teleph one: Facsimile:, eza- Address: 2 A C C E P T A N C E : S e l l e r a c c e p t s B u y e r ' s gmes t o sell the • - ' • - , above � and c o n d i t i o n s (t i subject fo the 221 attached murder r), 2g2' Date: - / 7' /Z- S a :l r Tax ID No: 233' Trtle; Telephone: '"'---- n la: Address: 235. Date: _ , SELLS: Tax iD No: 220r Title: Telephone:— _ T . Facsrniie: 2.3r Address: _ 23a. Buyer L__J (..._J and Seller L......) j____) acknowledge mceipt•of a copy of this page, which is page 5 at 5 Pages. The fladda Association Of Rek.Xsa Mama no te{H9SerSksdo as to U i eI' lr t or a of any OftwitiOn cr NS U m in arty ter iOn. This Standatchad form should not be used in complex tonsactIons or With riders or Ms form is available for use bythe antis) near estate industry and a not intended to idwaty the user as a Pivots. Askutn Is a reg►Stered eoladNo dip meth 4YiICh may be used re* by real (State licensor W ere members Otthe NATIONAL *MOON OF REALTORS end Who rrObeabe to its Code of ilts. 1,,. r+..7:ntt Iowa •l e.s 1 frt..; Platuee 17 U.Q wiel fate too wen tria Terenrkekleann a N M w ur.! 4.7 a -. baW . ....., °yt'nwrr A z .”," e.dan',wiiKme c - 0 4983 FicaricluAssociation01 Fivadisit Ail Rights Reserved a r s7iA 4. Addendum Nn. 1 to the Contract date 2c1±l BIZ between FINANCIAL BOYNTON GROW, WC (Seller) and , LAWRANCE FILPMAN (Buyer) concerning the property described as 428 W BOYNTON BEACH BIND. BOYNTON BEACH'S ( the `Contract'), Buyer and Seiler make the *glowing terms and conditions past of the Con act: BUYER WAYVES CONTLh1GENCY FOR ASBESTOS AS STATED IN CONTIEtA DATA 211 0/2012 Date: e )1 '7 1 Z Buyer: D a t e : B u y e r : 1 1 a 4 7t t 4 ' f a C " - Dane: Seller: Date: Seller: TMs tarmiaava 3 latAetaabytl te lusaysmishatirtendedtoiderNytl reuse- asalieema .Romeisateglateredearepe nErnberallp berkihatmaybausedoeiyby tt tedesteae laenseeswhoatemenobersofbekt ona%Association EN: TO M and lehoskscabeso#�s Oode at EtHta The oopyighttaws d the linked Sales (17 US. Cede) foetid ureusaihatted reproductbn or blank tarts by any rneansirizthg tat5irniea computerrced foams. ACSP -2a Rev. 6184 01994 Fbtida Ammon Ot REAUoRSe AN Rights Resamad W. Ira= •• • • • • OCtfin fiVf CONCERT SERI Bring the Entire Family... jamm FREE CONCERTS Ammaiiimitionik dam Friday February 17, 2012 6:00 - 9:00 PM The New Horizon Band Friday March 16, 2012 6:00 - 9:00 PM The People Upstairs Friday April 20, 2012 6:00 - 9:00 PM Friday May 18, 2012 6:00 - 9:00 PM Ocean Avenue Amphitheater on East Ocean Ave., between Seacrest Blvd. and NE 1st St. Ample free parking available on site. Bring your folding chairs and dancing shoes, but not your pets. • Gourmet Food Trucks on site with a variety of tasty options. For Information call: 561 - 742 -6246 www.boyntonbeachcra.com eimismiximainimminitimigimaitsp 30YNTON The Palm l' Est L _ I V I N G 3 f .BEACH R /'- - I �� ■ V A PalmBea h?o <..t ; ors �� V i ' %.com ID DO 4 II, ....._ ....,,.. ,,, i • mOVI[S . oN 11-11 �v Boynton Beach Presents... Friday March 2, 2012 7:00 PM Moneyball, PG -13, featuring Brad Pitt Friday April 6, 2012 8:00 PM Friday May 4, 2011 8:00 PM ' Ocean Avenue Amphitheater } On East Ocean Ave., between Seacrest Blvd. and NE 1st St. Ample free parking available on site Bring your folding ing the Entire chairs or blankets! No pets. Family... FREE MOVIES! Gourmet Food Trucks on site with tasty treats & drinks available for purchase. 0 For Information call: 561 - 742 -6246 or visit wvvw.boyntonbeachcra.com BO YNTON !her ahn ik,a( }1 } LIVING nr wri com Boynton Beach Heritage Celebration I ►ERITAG F Celebrate Boynton's heritage through �,•,;� o food, music, arts & crafts and more cletesRA-no* downtown on Ocean Avenue! zo�z Friday, February 17, 2012, 6 - 9 p.m. Ocean A venue Concert at the Amphitheater The New Horizon Band Bring chairs or blankets! Gourmet Food Trucks on site! CO NCERT l /f ( ii LIr S - Saturday, February 18, 2012,11 a.m. - 4 p.m. Family Fun Day on Ocean A venue Bounce House • Trackless Train Craft Station • Face Painting Rock Climbing Wall • Food & Drinks CP +3 Band f R &B and Jazz,/ 10 Events are FREE and are held on Ocean Avenue between Seacrest Blvd. and SE 1st St., two blocks south of Boynton Beach Blvd. 561 - 737 -3256 • www.boyntonbeachcra.com B BEA CRA lioynton beacn presents .... Sunday Funday - Jan. 8, Feb 12, Mar. 11, Apr. 1, May 6 F Li ND Sunday is not just for football anymore as Boynton Harbor Marina becomes your F t! NDAY destination for weekend fun! There's something for everyone to enjoy along the A waterfront, with live music, children's games and fun activities. 1- 4 p.m. Ilii 04914WAtialt Downtown Open Market - Feb. 26 1,\ Opp1 ARKET Support local artists and shop downtown on Ocean Avenue for handmade crafts, 14 \ - 8m1) P vintage goods, original artwork, specialty pet items, tasty treats from Gourmet Food Trucks and live music by Cricklewood. 11 a.m. - 4 p.m. ,.■ \I) '' Boynton's Heritage Celebration - Feb. 18 rt. Celebrate Boynton's heritage through food, music, arts & crafts and more down- v ,1 : town on Ocean Avenue! Bounce House, Trackless Train, Rock Wall, Face Painting, A performances by local school groups and music by CP +3 Band. 11 a.m. - 4 p.m. J J Movies on the Avenue - Jan. 6, Feb. 3, Mar. 2, Apr. 20, May 4 4 1- JJJ , �, � • r Bring your lawn chairs or blankets to the new Ocean Avenue Amphitheater on 44. '•� the first Friday of the month for a front row seat to watch first -run movies ° " • , A1OYIWS O11 Till AY1. G ourmet Food Trucks on site. 7 p.m. (Jan /Feb /Mar) 8 p.m. (Apr /M • 4 Avenue Concert 20, Feb. 17, Mar. 16, Apr. 20, w , , V ` you think you can dance? Show off your moves on the dance floor and enjoy V great music by local bands performing on stage at the new Ocean Avenue V , Amphitheater. Gourmet Food Trucks on site. 6 - 9 p.m. CONCERT SERIES Mayor's Challenge Family Fun Run/Walk - March 31 Put on your walking shoes or favorite running sneakers and get ready to mo • r This annual event promotes fitness and family fun. You can also represent a ''' ' I school in the Mayor's School Challenge! Register at www.boynton- beach.org xw1,1'MALK ) and receive a free t -shirtl Family fun activities, music, vendors and more aft the run /walk. Ocean Avenue Amphitheater. 7:30 -11:30 a.m. . 4 Join us for one of Boynton's largest events! Annual patriotic celebration with live N I Y music, food and spectacular Fireworks by GRUCCI at Intracoastal Park. °. • :30 - 930 p.m. is " " " ' Ni A, 7, "'"..* .1.• °o- - ach Pirate's Fest - October 27 & 28 ili 44 'it. IGrab your mateys for a two -day festival of "pirate - themed" family fun al N\ Ocean Avenue. 11 a.m. - 4 p.m. 1 ■ . ganza - December 1 PIRATE'S FEST Kick off the holidays "Boynton style!" ° \1 il Q a 5 p 42nd Annual Holiday Parade on Federal Highway E XTRAVACff1ZA x'6:30 p.m. Tree Lighting at Ocean Avenue Amphitheater 1 7 p.m. Concert on Ocean Avenue ilk Hol Boat Parade - December 7 t� Fop 'TOTS Wat ch the colorful lineup of decorated boats at the Boynton Harbor Marina and lik ` ; * f ' , , 't • t o i v a an ' ' ' toy for To • Tots- 6.30 ' m ` iiiiiiil T Contact the CRA at 561 - 737 -3256 or BOYN "r' AOC"H N �'R A 18 1 1 1 1 - • 1 • 0 11