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Agenda 03-13-12 BOYNTONI cRA -BEACH CRA Board Meeting Tuesday, March 13, 2012 at 5:45 PM '` C hi r City Commission Chambers 100 E. Boynton Beach Blvd MAR 2 7 2012 Boynton Beach, FL 33435 City Merit's °rice / I. Call to Order VII. Pledge to the Flag and Invocation /III. Roll Call ,,IV. Legal: A. RECESS FOR CLOSED DOOR ATTORNEY /CLIENT SESSION Pursuant to Section 286.011(8), Florida Statutes in the Case of Lisa Bright vs. City of Boynton Beach, Boynton Beach Community Redevelopment Agency — Case No. 502011 CA003507XXXXMB This closed door session was requested by the CRA Attorney at the CRA Board Meeting held on February 14, 2012. Length of time — approx. 45 minutes V. /Agenda Approval ,7A. Additions, Deletions, Corrections to the Agenda t /B. Adoption of Agenda VI. / nformational Items and Disclosures by Board Members and CRA Staff: i • Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda V Items . Informational Announcements VII. Announcements & Awards: ✓A. Ocean Avenue Concert — Friday, March, 16, 2012 V B. Sunday Funday — Sunday, April 1, 2012 /C. Movies on the Ave. — Friday, April 6, 2012 VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting February 14, 2012 B. Approval of Period Ended February 29, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Interior Build -Out Grant to Family Development Partners, Inc. (Subway Regional Offices) IX. Pulled Consent Agenda Items: /X. Information Only: c/ A. Public Comment Log B. Letter from Harvey E. Oyer, III of Shutts & Bowen, LLP dated February 16, 2012 C. Letter from Lynn Simmons, Splashdown Divers, Inc. dated February 24, 2012 D. Events Recap - February 2012 E. Update on Marketing Initiative Program F. Update on the Status of the Promenade DIFA 2012 Compliance t/XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Discussion of Jones Cottage Commercial Interior Build -Out Request for Proposal Results 0,1) v B. Consideration of Entering into a Direct Incentive Funding Agreement with Gulfstream Gardens, (, LLC for the Seabourn Cove Project /C. Consideration of Lease Agreement with Adventurous Palate, LLC d/b /a "The Little House' XIII. V New Business: ✓A. Consideration of Additional Economic Development Grant Funding — Res. No. 12 -01 B. Discussion of Media Relations Policy J C. Consideration of Agreement for Use of Property (114 N. Federal Highway — Bank of America) / Consideration of Renewal Lease Agreement with Jesus House of Worship E. Consideration of Approval of Commercial Facade Grant to Family Development Partners, Inc. (Subway Regional Offices) rt/t(l/r ft) CQt'U c K'r XIV. Executive Director's Report A. Project Status Update and HOB Investment Update XV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) XVI. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, 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. MAR 2 7 2012 City Clerk's Croce IV. Legal: A. RECESS FOR CLOSED DOOR ATTORNEY /CLIENT SESSION Pursuant to Section 286.011(8), Florida Statutes in the Case of Lisa Bright vs. City of Boynton Beach, Boynton Beach Community Redevelopment Agency — Case No. 502011 CA003507XXXXMB This closed door session was requested by the CRA Attorney at the CRA Board Meeting held on February 14, 2012. Length of time — approx. 45 minutes BOYNTO N BEACH CRA BOARD MEETING OF: March 13, 2012 Consent Agenda I I Old Business I New Business I Legal I I Executive Director's Report SUBJECT: Ocean Avenue Concerts, Friday, March 16, 2012. SUMMARY: • On Friday, March 16, 2012, the Boynton Beach CRA presents the Ocean Avenue Concert Series with The People Upstairs performing. • 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: ehaib K ft14 Kathy Biscuiti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by 1 Meeting\FY 2011 - 2012 Board Meetings\March 2012 \Ocean Avenue Concerts March 2012.doc • • • • ,■■■ Bring the Entire Family... FREE CONCER Friday March 16, 2012 6:00 - 9 :00 PM The People Upstairs Friday April 20, 2012 6:00 - 9:00 PM Riptide Friday May 18, 2012 6:00 - 9 :00 PM Ocean Avenue Amphitheater On East Ocean Ave., between Seacrest Blvd. and NE 1 st St. Ample free parking available on site Bring your folding chair ,, 3 s •� shoes, but not your pets. Gourmet Food Trucks on site with a variety of tasty options. F 4 „' , OYNTON 1'l� P alm Beach 1k) t L I V I N G pp F L .BEACH �RA BOYNTON 1 c BEACH CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: SUNDAY FUNDAY — Sunday, April 1, 2012. SUMMARY: • On Sunday, April 1, 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 • Activities will include a petting zoo, pony rides, Bounce and slide, craft stations and a storyteller. • Live Music with the Island Sounds of Wildfire while the kids can play many of the instruments. • 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 Meeting\FY 2011 - 2012 Board Meetings\March 2012 \Sunday Funday April2012.doc " i bo r , 41 .,,,,, i .... s., #.4 1 ° PIM FUNDAY ..." ree event presented by the Boynton Beach C R A .,..1 4 SUN DAY MARCH 11 1 -4P.M. Join us at Boynton Harbor Marina for an afternoon filled with sun, fun and music! GO GREEN! Fun Liv fa n t 0 I ct Vit use " . dren s nee Ho (`I It W a ll "c` - 1 R °ck t Guard Auxitia1`y. l 1 Coast t , ,,, " I� k. Upcoming dates: :�„ New, themed activities each month . # � _ � Aril 1 , - � 41 r ' i iil ��n May6 � " s_I.. 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 narking at the NE corner of Federal Highway & Ocean Avenue Boynton Harbor Marina ❑ 4 ❑ 735 Casa Loma Boulevard BOYNTON ,ve LL.T ,BEACH' `� (561) 737 -3256 _ o ". www.boyntonbeachcra.com ❑ .4 IID 1 I ;< <i la 1)(),, _ B r.BEAC CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Movies on the Ave. Friday, April 6, 2012. SUMMARY: • On Friday, April 6, 2012, the Boynton Beach CRA presents the Movies on the Ave. film: We Bought a Zoo — PG -13 starring Matt Damon. • This FREE event will take place at the Ocean Avenue Amphitheatre from 8:00 to 10: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: Kathy Biscuiti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by 1 Meeting\FY 2011 - 2012 Board Meetings\March 2012\Movies on the Ave. April 2012.doc IDOODO 1❑❑❑ 41, ---- x e_ i V• 4 0/ 1 A. k. rk A i MOVIIC OH 14 ilk Boynton Beach Presents., FREE OUTDOOR MOVIE SERIES Friday April 6, 2i - . - 8:00 PM We Bought A Zoo, PG -13, featuring Matt Damon Friday May 4, 2012 8.00 PM Ocean Avenue Amphitheater On East Ocean Ave., between Seacrest Blvd. and NE 1st St. Ample free parking available on site. Bring firing the Entire Family... your folding chairs or blankets! No pets. FREE MOVIES, Gourmet Food Trucks on site with tasty treats & drinks available for purchase. inibr information call: 561- 742 -6246 or visit www.boyntonbeachcra.corr l'F 3OYNTON ,. I � he Palm B each Post I LIVING 1.. �RFACHI :, I flfl //�� FILF2_enm MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY 14, 2012 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Bill Orlove, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Mark Karageorge Marlene Ross ABSENT: Steve Holzman I. Call to Order Chair Hay called the meeting to order at 6:31 p.m. I1. Pledge to the Flag and Invocation Chair Hay gave the invocation and Vice Chair Orlove led the Pledge of Allegiance to the Flag. I1. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Attorney Cherof requested a closed -door session be held before the next regular Community Redevelopment Agency meeting. The session was anticipated to take about 45 minutes. There was agreement the Board would convene at 5:45 p.m. Vivian Brooks, Executive Director, added to Old Business, Item 11. E., Discussion of Lease Terms for the Ruth Jones Cottage. Ms. Brooks pulled items 7.D. and E. from the Consent Agenda, at the request of the applicant. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 201.k. Vice Chair Orlove explained he would comment on Informational Item 9.B. B. Adoption of the Agenda Motion Vice Chair Orlove moved to approve the agenda as amended. Mr. Karageorge 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 made. B. Informational Announcements None. VI. Announcements & Awards: A. Ocean Avenue Concert — Friday, February 17, 2012 B. Heritage Celebration — Saturday, February 18, 2012 Ms. Biscuiti announced this Friday's concert featuring the New Horizon Band. Attendees were requested to bring a chair and blanket, and Gourmet Food Trucks would be on site. The concert would be in honor of the Heritage Celebration and would continue the next day from 11 to 4 p.m. with the band, CP + 3, a rhythm and blues and jazz band. Eleven community groups would be performing, interspersed with the band and amphitheater activities. Community vendors, a rock wall, bounce house, trackless train, face painting and craft table would be available as would Gourmet Food Trucks specializing in ethnic foods for the day. All were invited to attend. C. Downtown Open Market — Sunday, February 26, 2012 This event would be held both inside and outside the Civic Center. The band, Cricklewood, would perform and Gourmet Food Trucks would be onsite. There was also an art district event occurring that would be in another area of the City and a bus was available to take attendees to the district and visa versa. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 D. Movies on the Ave. — Friday, March 2, 2012 The movie, Moneyball, would be showing at 7 p.m. with Gourmet Food Trucks on site. The screen was installed at the amphitheater and no matter where one sat, the view would be good. E. Sunday Funday — Sunday, March 11, 2012 The Sunday Funday event would be held at the Marina from 1 — 4 p.m. Inflatable activities for youth, as well as art, crafts and more. It was a fun family event and the members were urged to attend. Mr. Karageorge commended Ms. Biscuiti for her work on the events and agreed the amphitheater screen provided for good views for all. He pointed out at the last Funday event, the Boynton Beach Canine Corp and Fire Rescue were present giving screenings and demonstrations. The SWAT team was there and it was a great event. Chair Hay agreed and commended City and CRA staff for a great job. 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) This item was pulled. E. Approval of Interior Build -Out Grant to Family Development Partners, Inc. (Subway Regional Offices) This item was pulled. 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. I. Approval of Interior Build -Out Grant to Law Offices of Angelo A. Gasparri, P.A. d /b /a Debt Relief Law Center of PBC 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Februa 14, 2012 VIII. Pulled Consent Agenda Items: D. Approval of Commercial Facade Grant to Family Development Partners, Inc. (Subway Regional Offices) E. Approval of Interior Build -Out Grant to Family Development Partners, Inc (Subway Regional Offices) Ms. Brooks explained these items were pulled at the request of the applicant due to their decision to purchase a different building. IX. Information Only: A. Public Comment Log B. Update on Marketing Incentive Program Vice Chair Orlove reviewed the backup and thought the proposed ads and messaging looked good. He complimented Ms. Walsh, Marketing Director, on a good job. He liked the look and feel of the advertisements and hoped it would draw more people to the area. C. Events Recap - January 2012 D. Memo Regarding Mr. Oyer's Statements at Building Board of Adjustment and Appeals IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened Public Comments. No one coming forward, Public Comments was closed. 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 Ms. Brooks explained she and Mike Simon appeared before the County Commission on January 24, 2012, requesting the County, under their existing easement agreement, allow them to demolish the existing building at the Marina. Staff felt the issue was not a significant request as the building was aged and the tenant moved to another location across the street. The County wanted staff to try to fit a retail store in the building they were proposing to construct on the waterfront parcel, where the dock master and public restrooms were located. This would add at least another 1,500 square feet to that Jt Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 building, which would violate the tri- partied agreement that was in effect. The County then wanted the CRA to keep the building and keep the Dive Shop as a tenant. The County believed the building was historic, and the proposed building on the waterfront parcel was "made of sticks." Ms. Brooks explained the meeting consisted of a barrage of questions and the County requested they come back in 30 days and advise them what they would do to keep the tenant. Ms. Simmons, owner of Splashdown Dive Shop, was present at the County Commission meeting and stated the CRA put her out of business even though Ms. Brooks had a signed lease for her current location and had documentation showing the CRA awarded her nearly $40,000 in relocation funding. The City's Historic Planner issued a letter indicating the building was not historic, and a letter from the Marina Village Master Association was also obtained which indicated the Association would not support amending the tri- partied agreement to add retail at the waterfront parcel. There was retail space readily available in the Marina Village building that was open. The Association does support the Master Plan for the Marina. Ms. Brooks would retum to the County Commission and again make their case. Under the terms of the agreement with the County, staff had to request the County's permission to demolish the building. She clarified it did not say the building could not be demolished. It was pointed out other marinas do not have dive shops on the premises and Ms. Brooks planned to submit letters from such dive shops indicating they were operating just fine, when she next appeared before the County. Ms. Brooks reviewed the agreement for the Palm Beach Yacht Club which received $11 million in County funds and there was no such permission clause. Boynton Beach received $2 million in funding and had the clause. Sailfish Marina, the most successful Marina, did not have a dive shop on the premises. There was lengthy discussion on this item. Not all County Commissioners were present for the item, but Commissioners Vana, Markus, and Aaronson were not supportive. The backup information included with the item showed there was a clear way for the dive shop to bring their equipment to the boat dock. The Commission was not amenable to reviewing the materials which included the agreement with Ms. Simmons who had agreed to move, and everything else. All of the Board members present were in favor of signing a letter of support to present to the County. Interim City Manager LaVerriere agreed to attend the next County Commission meeting with them. A suggestion was made to use Option 1 if the County Commission did not support the CRA's plan. It was important the County Commissioners read the backup materials as the building does not currently meet Code. Additionally, the County approved the Marina plan which showed the area as green space. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 Additional discussion followed about the agreement made between the CRA and Splashdown Divers, which permitted Ms. Simmons to apply for grants; however, that was incumbent on them moving and needing assistance to do so. In light of Ms. Simmons orchestrating the issue on the County Commission level to oppose the demolition of the building, it was questioned whether that action was contrary to the agreement they had. Attorney Cherof explained there was nothing in the agreement that barred Ms. Simmons from advancing the argument before the County. It was not a direct violation of the agreement As to providing Ms. Simmons with the Facade Grant, Rent Subsidy, and Build -out grant funds, which were approved but not yet released, a question was raised if the funds could be held pending the outcome of the matter. The monies were taxpayer dollars and it appeared wasteful to release them at this point. Attorney Cherof advised that action be inconsistent with the prior actions of this Board. One document was a settlement agreement and the others were applications for CRA monies. The CRA would be in a better position with the County to continue to honor those commitments. He also explained there was time, if their determination was inconsistent, to reconsider the matter of the incentives. Those actions were the higher ground. As to recouping any funds released, the CRA would not be able to recover them. Ms. Brooks explained rent subsidy payments are released on a quarterly basis to tie into the UCT6 reports, and Ms. Simmons had just requested her first rent subsidy payment so funds would not be released until after April, With respect to the other two payments, there were many variables at this point and it was unknown. Attorney Cherof reiterated if the County Commission denied the CRA's application and did so, in part, because of the presentation made by Splashdown Dive Shop, the Board was in a position to reconsider their allocation and grant. Chair Hay agreed and thought the Board should stack the deck as much as possible in the Board's favor. The Board was also not required to rehabilitate the building which did not meet Code. Ms. Brooks was in the process of gathering her support materials and explained it takes a minimum of four weeks to get on the County Commission agenda. Motion Mr. Buchanan moved to go forward with Option 2, to 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 and the members sign the letter of support. Mr. Karageorge seconded the motion that unanimously passed. Chair Hay agreed to attend the meeting and Vice Chair Orlove, schedule permitting, would attend as well. c Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 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 Mike Simon, Development Director, presented the item. On March 17, 2011, the CRA denied, with the option to revisit, change orders associated with the Ocean Avenue Amphitheater and Marina projects due to unforeseen issues. The three change orders for the above two projects totaled $9,709.50 and were for additional drainage piping for the Marina Tower, costs associated with footers to support the beams that hold the awning structure, and costs to redo existing plumbing to the restroom. The changes were initiated either by events in the field or from the architectural firm or owner. In August, change orders were presented for items pertaining to the Ruth Jones Cottage. These were generated due to structural and /or were supervision /general conditions in nature and totaled $52,973.16. The change orders were conditionally approved and would be brought back when the project was completed and reached the Guaranteed Maximum Price. The work was not part of the original scope of work. As a result, by approving the change orders, alterations to the original scope of work were made and the contractor issued credits back, totaling $23,766. The change orders totaled $38,916.66. Discussion followed it was important that people want to work with and have confidence in the Board. Motion Mr, Karageorge moved to approve payment to Kaufman Lynn of $37,968.07. Mr. Buchanan seconded the motion. Steve Kaufman, of Kaufman Lynn, and Rick Brown, Project Manager, were present and explained in response to a question, change orders were common in other projects. The change orders for the amphitheater were for old underground pipes that no one knew were there that had to be relocated. The changes were made as they were working on the project. Change orders also occurred with the Ruth Jones Cottage. There were design changes and additional windows installed that were not included in the original price. Mr. Kaufman explained change orders in the 1 0% range were typical. Susan Harris, Finance Director, explained the funds were available to pay for the change orders. There was $40,000 that was allocated for the Direct Incentive Finance Agreement (DIFA) account for the Preserve which would not be drawn down. There was also $75,000 in the contingency account. Motion Mr. Karageorge amended his motion to include the use of funds from the Preserve D1FA account for the payment. Mr. Buchanan agreed to the amendment. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 Chair Hay opened the Public Comment. No one coming forward, the Public Comment was closed. The motion passed unanimously. 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 Ms. Brooks explained this item was associated with a City Commission agenda item wherein the City moved to make an offer to the lender to acquire the property and the Community Redevelopment Agency would be the source of funds. The land, if acquired, would become part of the Sara Sims Park as contained in their master plan. Motion Vice Chair Orlove moved to approve. Mr. Karageorge seconded the motion that unanimously passed. There was brief discussion the property was adjacent to the Brandon property and this acquisition would be in addition to demolition and closing costs. Both Attorney Cherof and Tolces were commended for their work on this item Vote The motion unanimously passed D. Discussion of Expanding Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items Mr. Buchanan commented he thought this was already resolved at a prior meeting. The intent of the item was to disclose conflicts, contacts and relations for transparency purposes. It was important all would be cognizant and have confidence in the members, and that the members act with integrity. It was noted the disclosures would pertain to contacts with individuals regarding items on the agenda that would be voted on. There were no objections to operating under this method. E. Discussion of Lease Terms for the Ruth Jones Cottage Ms. Brooks explained this item arose from a discussion regarding the future tenant for this property and staff was requesting direction. The tenant would like to eventually purchase the property. 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L.,_ , 0 ) t \ ILI il I Am, 1 6 Z , ..■ i _ P°L iiP15 i u u , k u mil ...., ...„., • w ICJ . r )• k • . . ----2:1 0 I • 1 CO il id `4, , Cri - I f---. — ril _ 1 __ __ __ .— —... 61 - *Ru u . Am ( 0 .LJ ilim : w 0 I ea oaf ir (I I 11 4 ts. .,.. k 'illi . I i z it Kral i• ,a rit 0 a ' 61 ' El illiliN ' IMI ' fil '..g: Ilj it 0 . i111111, • ..■..., --..-.,■....,•••■•■,■.....",••■•■■•■. _•••■•■•,_.• • : 1 ■ . 9 1 , ... - -T-= -,„ • , c , t.,1 • ..5 •-• 4-- —, , •:,;,.. 4,..., t •6 1 '..,--• c... k , 1 1 , I ‘ , , Family Development Partners Inc. What are Revenues after all costs, liabilities and taxes? 2012 $78,499,452 uperatirp ir)c:or, , =. What are revenues after ail costs? 2012 I $112,142,074 Pr Mar 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 tbreaKeve How much must be sold to cover operation costs? 2012 $1,333,000 I Debt Ratio How . - are liabilltes compared to assets? 2012 5.24 Return on Assets: How efficient are assets? 2012 74.76 Pro -Forma Income Statement Family Development Partners Inc For 2012 through 2015 (all numbers in S000) REVENUE 2012 2013 2014 2015 Gross sales $113,607 $117,436 $121,393 5125,484 Less Returns 0 0 0 0 Net Sales $113,607 $117,436 5121,393 $125,484 COST OF SALES Beginning inventory 50 $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) 5113,607 $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 5805 $829 $854 5879 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 58 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 5114,998 $118,981 $123,098 Taxes on income 33,343 34,499 35,694 36,929 Net Income After Taxes 577,799 580,498 $83,287 $86,168 Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) .... U199 . 4:2 $8 ,498 $83 $86,168 Risk Analysis for Fam Develop Services Inc. Weighted Facer Grade 1 Weight I 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% agree of Operating Leverage 100 13 13 Return 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 80.66% 1 Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 80% - 89.99% = 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 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. 3 /2, Property Owner's Signature � Date 1 .0 , A-0 f i-R c 1 c,>2,0. r , �i" /y11'o�y ' ► ta. i t/ry,b Printed Name 4 - c la i-GIA g e_,•) -fit 13 (,ki ,) e-- Title Property Owner's Signature Date Printed Name Title STATE OF l-E ce COUNTY OF ra i9i7 1,,j7 0 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ( .) /ref_ L 191,2 ,'ho is personally known to me ' 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 (P day of �71?a-2c , 20 /r). t WETOY BEA1C01NK.Z J/ t tal .. �. ; .t MY COMMISSION li EE 132523 � : ..�...� owe September 21, 2o�s NOTARY P B IC ?` TM" PiD F c Un d Bf 1 R 1 "'� My Commission Expires: Page 9 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 w w w. boys ton beachcra. 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. A.. t/Tenant's Signature [ Date Lox e D Printed Nathe Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF f !tyl /73MeGJ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared .C"(n /YJCx_ (`, ��Z �Z 1 N\ who is personally known 1 " (, t , or produced as identification, and acknowledged c 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 fay day of y ?�,;: -1:1C.A , 20/:;) � 4 r - NOTAR BLIC !" ;;,; N�EM My Commission Expires: s ,3 :4 MY COMMISSION # EE 132523 EXPIRES: September 21, 2015 Raided Thu Nofary PUb8C UndetwrNers Page 8 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Type of Business: S G c ..) L (O 0 � - Number of Employees: / 9 Hours of Operation: 9-5- Kyr, - Ft/Li Are you applying for grant assistance under any other program offered by the CRA: Yes 2, No If yes, what additional programs are you applying for: Lv0.7 /,Yi e-!,r,:c 64 F Ci C c,_ 4e . Are you receiving grant assistance from any other governmental agencies: Yes No j\ 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. "l .-- Initials Page 7 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 w w w. h o vn t o n b ea c h cra . coin BOYNTO =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: -r' Ll ea- r". � t e.ea a- n - Applicant Mailing Address: 50 S L . 6b Q , et- � 6 11 e, Business Name (D/B/A if applicable): Current Business r Address: 50 8 e. I,rS' o �1h1 & C S' l tf d i ` hi +-b-vi (U r.-, , I _ 33 „ " Phone: 5l„- / "?'S - 0 0 Chi Fax: ' P 1 - '7j - 1 1 Email: 1.011 Cyl JttY1 � . � i (A) �� S4I. culn -Fed ID# 9'7 - 5O'7 g(,), 0 Time at Current Location: , , inorytil S 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 � ): 4/) l/U L7o� ( l t' 5p (31 Vc t " 1 . M-1:-3 New Business to Boynton Beach: Yes ) No Existing Business: Yes No Number of years in existence I 071,1 A,' ,..0 Square footage of existing location: V 1 O 0 Square footage of new location: 1 Initials Page 6 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcm com (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 time equivalent employee for each month within that specific quarter. Quarterly Reimbursement Requests - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the three consecutive quarters following the Initial Reimbursement Request. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, s- corporations and 1 099-MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials Page 5 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561-737-3258 www.boyntonbeachcra.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. Staffmay 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: (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 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 Page 4 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www. bovntonbeachcra,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. 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. 6. 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). 9. Two (2) years of tax returns for the owners of a new business. 10. Qualifications, experience and track records of business owners. 11. Copy of design and construction plans associated with the proposed improvements. 12. 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. 13. A minimum of four (4) 3 "x5" color "before" photos of the project. Initials Page 3 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 w w w.boyntonbeachcra. 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 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 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. Initials Page 2 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www_boyntonbeachcra.com BOYNTON CRA _ =BEACH +k K fa 2011/2012 � , r± 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. 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. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -Out Program: Initials Page 1 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ww w. boyntonbeachcrd. cony BOYNTO } ,, B EACH CRA BOARD MEETING OF: March 13, 2012 X I Consent Agenda Old Business 1 1 New Business 1 1 Legal 1 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 located at 420 West 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. fit% ---c Michael Simon Development Director Boynton Beach CRA Purchase Order Report Month: February 2012 Vendor Amount Funding Source Description Cuthill's Inc. $ 15,000 Project Fund 02- 58400 -444 Commercial Interior Build -Out GPS PEO, Inc. $ 15,000 Project Fund 02- 58400 -444 Commercial Interior Build -Out The Law Offices of Angela Gasparri $ 15,000 Project Fund 02- 58400 -444 Commercial Interior Build -Out T: \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Monthly Purchase Order Report - Feb 2012 BOYNTON 'BEAC CRA BOARD MEETING OF: March 13, 2012 X Consent Agenda ! Old Business New Business 1 Public Hearing j Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for February 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. 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U m H H A z H E R H C O CO [ pz @ 0) CO W m 1 •y z W H O I� 41 p� .] IDt H H O 0 00 0 pX A E F 0) Z WW N I Z H H IQ W W H H 0 ',7 0 W F., W N 044 P4 F 41 E PG BOYNTON cA =BEACH CRA BOARD MEETING OF: March 13, 2012 X Consent Agenda Old Business New Business 1 Public Hearing Other 1 SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending February 29, 2012. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve February financials. -CA.6.40 ( 46 4 46 6 , 2 ", Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Financial Report.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 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, the meeting was properly adjourned at 8:13 p.m. Catherine Cherry Recording Secretary 021512 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 All of the Board members supported the event, but the issue was there was no funding � 9 for it. A suggestion was made to include this event in the Heritage Fest in the future. A suggestion was also made to move the date back to allow time to obtain sponsors. Former sponsors could be approached and informed the event was bigger than anticipated. It was good for the City; it promoted fitness and helped prevent childhood obesity. It was recognized the event was worthy but it was driven by one individual who was no longer serving. Three sponsors expressed they had conflicts and events have to be properly organized. Staff was already overloaded. It was suggested the event be postponed and revisited during budget hearings. Chair Hay also thought the activity name should be changed as in the future it would be associated with an event. It was noted the name had been lengthened to The Mayors Challenge /Family/Walk/Run. Motion Mr. Buchanan moved to postpone the race to next year as part of another event, and take it off the table for this year. Vice Chair Orlove seconded the motion. Chair Hay opened the public comment. Alan Hendricks, 122 SE 4th Avenue, was disappointed the event would not occur. He explained he would like to see the event held just to be consistent. It was important to handle events in a professional and consistent manner. Barbara Ready, 329 SW 13th Avenue, thought a viable alternative was suggested and expressed her disappointment the Board would not continue an event that was worthwhile. She thought the Board should continue the event. Vote The motion passed 4 -1 (Mr. Karageorge dissenting.) XIII. Executive Director's Report A. Project Status Update and HOB Investment Update There were no questions on this report. Mr. Karageorge commented the report was excellent and he was pleased to see progress on the project on Seacrest and permit activity on the Ruth Jones Cottage. He wanted positive coverage that accentuated the positive activities and projects of the Community Redevelopment Agency. Ms. Ross agreed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 concern was working through a process, and at the end, an event would occur which would nullify all their previous work. Attorney Cherof commented he had spoken with Attorney McKenna as well, but they were not dealing with comparable situations. The Statute referred to was not a process. It provided the opportunity for confidentiality. An Attorney General Opinion indicated Community Redevelopment Agencies are not economic development agencies. An amendment to the Statute; however, created greater flexibility in the term Economic Development Agency. The best way for a prospective business to have their information confidential is for the City Commission to designate the CRA and Executive Director as having the power of an Economic Development Agency, as doing so would establish the protection for the documentation and submittal. Attorney Cherof could not guarantee it was defensible, but it would improve its defensibility. Any company coming forward would have to make their own determination of whether the Statute would apply to keep their documents confidential. This would provide a starting point. The first step would be to make a recommendation to the City Commission, in the form of a resolution or amendment to the Community Redevelopment Agency Ordinance, to vest that authority in the Community Redevelopment Agency. This provision would apply to other projects within the Community Redevelopment Agency. Vice Chair Orlove expressed concern it could be used in a negative way. He agreed this situation was unique as the project was lingering for some time. Attorney Cherof explained it could be used on a case -by -case basis and there were limits. If the Board does not want it to be used in the future, the resolution would be fashioned to reflect that. Motion Vice Chair Orlove moved to forward this discussion to the City Commission and request a resolution that would allow the Community Redevelopment Agency to work within the confines of State Statute 288.075. Ms. Ross seconded the motion that unanimously passed. C. Discussion of Status of Mayor's Challenge Event Ms. Biscuiti explained this event was in its third year. Retired Public Information Officer, Wayne Segal, handled the event for the first two years, and when he retired, former Mayor Rodriguez requested Ms. Biscuiti take the lead. One meeting was held. The event planned for this year would cost nearly $7,000. It was thought individuals came to the area and left, so the event was going to be expanded. Former Mayor Rodriguez raised the monies in the past, but they did not have the funds. Accordingly, Ms. Biscuiti sought direction. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 Attorney Cherof clarified the draft lease does not have the ability for the Community Redevelopment Agency to exit the relationship in favor of a larger project, redesign project or something like a train station that would be more significant than a cottage. Should that occur, the CRA had no ability to exit the relationship. Currently, there was no option to purchase the building. The RFP only requested proposals to use the property, but the tenant could make an offer. This was discussed with the tenant who was apprehensive she was making a large investment and a year later, she may have to leave. The FEC plan was being formulated and the area could become a potential stop. There could also be stops at Ocean Avenue and Woo!bright. The clause could have a broader application and there is a lot of vacant land in that area. Staff did not want to be in a position they were tied to a lease they could not exit. There was consensus to have an exit clause. XII. New Business: A. Consideration of Second Amendment to Development Agreement between CRA and HFHSPBC CLT, Inc. to Update Legal Description Ms. Brooks explained there was an error in the legal description for the Ocean Breeze West project that needed to be corrected. Motion Vice Chair Orlove moved to approve. Mr. Karageorge seconded the motion that unanimously passed. B. Discussion of Directing Staff to Operate Under FSS 288.075 for the Old High School and Town Square Project Ms. Brooks recalled at a prior meeting, she and City staff were directed to work with an individual from the Museum of Natural History. She explained a process was needed so these types of matters could be handled in a consistent matter In discussions with Claudine McKenna, the County Attorney, she relayed her experience in operating under Florida State Statute, (F.S.S.) 288.075. The County had wanted high -tech jobs for an area. The statute allowed them to operate through a process and it protected the process until it was heard on the Commission level. The process was successfully used by the County. The Boynton Beach Town Square and museum projects would involve the City because there would be CRA incentives used and possibly CRA and City land. Ms. Brooks` n i . n e t -: a , , r i • z: IA t 1 ' !li it° ! I i ! 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For more information, call (561) 493 -2550. — Willie Howard .86 _ 3, Ii h san 0 ri A Ye wt J6G/�/ 1fR JDBev if sum J9tse //o.w a% /Yew 41■/vela arawDw%ew tr 6• yo. 4 14$4440 SeW / #A.s opoicoec oYee.x. 4111;41 B 4' t J, fla /74' - /o oz. sd 4.514Wegr SHUTTS BO`tXTEN fkl'. . r LLP _ -_- oor HARVEY E OYER, 1I1 E -MAIL ADDRESS: PARTNER hoyer@shutts.com (561) 650-8517 Direct Telephone (561) 822 -5522 Direct Facsimile February 16, 2012 Mayor 'Woodrow Hay Chair Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 Re: 413 — 417 East Ocean Avenue ( "Property ") Dear Mayor Hay: I am writing to you in my capacity as the Managing Member of 417 East Ocean Ave., LLC, a Florida limited liability company, the owner of the above- referenced Property. As you know, this is a property that my sisters and I inherited upon our father's death in December 2010. The Property is located within the CRA and contains a partially- restored 1920's single story building. The building was built by our grandfather in the early 1920's and has been in our family continuously for nearly 90 years. Shortly after our father's death, I attended several meetings with City Building Department and Planning Department staff to discuss the future use of the Property. It was clearly articulated to City staff on at least three such occasions that our family was amenable to either demolition of the building or, alternatively, restoration of the building. In furtherance of the alternative of completing the restoration of the building, I made inquiries regarding any grant monies that might be made available by the CRA. I also made inquiries regarding the availability of the historic ad valorem tax abatement program. With respect to the historic ad valorem tax abatement program, I was told to be patient because the City was in the process of enacting an ordinance, hiring a historic preservation planner, signing an inter -local agreement with Palm Beach County, obtaining Certified Local Government status, and selecting and training a Historic Preservation Board; all steps necessary prior to designating the Property as "historic" and granting the ad valorem tax abatement that would provide a substantial financial benefit for the restoration of the building located on the Property. Following the City staff's recommendations, our family did precisely as instructed. 1100 CiryPlace Tower, 525 Okeechobee Boulevard, West Palm Beach, Florida 33401 • ph 561.835.8500 • Fs 561.650.8530 • www.shutts.com Mayor Woodrow Hay February 16, 2012 Page 2 During the autumn of 2011, your CRA director Vivian Brooks placed several telephone calls to me requesting that our family raze the partially- restored building located on the Property and sod and irrigate the Property, as she believed that it would have a better appearance. She also suggested that we allow public art to be placed on the Property. As I told Vivian Brooks at that time, our family would be willing to consider such a request by the CRA but only if the CRA were to financially participate with us in carrying out the CRA's request, particularly if a public use /benefit were to be established on the Property. In October 2011, Vivian Brooks telephoned me and requested that our family swap the Property to the CRA for other land owned by the CRA located in the 500 block of North Seacrest Boulevard; property for which I had made an earlier inquiry. Because the two properties have a significantly different market value, I declined the offer of the swap, at which time Vivian Brooks told me that she would have the partially- restored building located on the Property torn down if I did not cooperate with her swap request. By 9am the following morning, the City's Building Department telephoned me and advised me that they deemed the building to be structurally unsound and would order its demolition. Shortly thereafter, I was served with a demolition order from the City's Building Department. Our family has since appealed the demolition order to the Board of Adjustment and Appeals and have successfully had our building permit re- instated. Mayor Hay, you cannot imagine how outraged our family is at Vivian Brooks' actions. She abused the authority of her position as CRA Director in utilizing her influence over the City's administration to carry out one of her personal threats. I believe this to be indicative of the corrupt practices that we are seeing all too often in our local government in Palm Beach County. In short, because our family was not interested in swapping land in an unfair trade that Vivian Brooks had dreamed up, within 18 hours Vivian Brooks had used the City administration's chain of command to order the demolition of a building which had been issued a valid building permit, passed two prior inspections, and for which our family was waiting for the City pursuant to the City's instructions, to implement the historic ad valorem tax abatement program so that we could continue restoration of the building. I have been in Boynton Beach for many years and have worked with many CRA's around the state in my professional life, so I would like to share some of my observations with you and your colleagues. Your CRA has spent millions and millions of dollars over many years accomplishing very, very little. I have witnessed the acquisition of land by the CRA that the CRA will never use; the nearly complete failure of the CRA to incentivize the private sector to redevelop the downtown; leasing CRA office space at above - market rates; encouraging the demolition of the entire south side of the 500 block with fanciful ideas that 15 story buildings will be constructed when in reality all that has resulted is a giant vacant lot at the corner of one of the most important intersections in the City. I could go on, but I know that you understand how the CRA has over - promised and under - performed for nearly as long as we can remember. 525 Okcc.chobt:e 13nuit:wrd, Suitt 1100, West Palm fieach, Ploridi 33-101 • ph 561.335.8500 • ff 561.650.8530 • www.shutts.cotn Mayor Woodrow Hay February 16, 2012 Page 3 I also had the occasion several months ago to attend a Heart of Boynton neighborhood meeting. You were also in attendance. Several of the neighbors adjacent to the CRA's new housing project raised their hands and asked very valid questions. Their questions were met with curt, nasty, mean- spirited responses by your CRA Director that not only failed to answer legitimate questions by your citizenry but also demonstrated a complete lack of respect for the people that you serve. I was embarrassed for the City and expressed my embarrassment to you at that time. In light of my observations, I would like to make several recommendations: 1. You and your colleagues should order an internal investigation of Vivian Brooks' actions in the matter regarding our family's Property, as I believe that at the very least her actions were unethical and likely criminal. 2. You and your colleagues should consider some professional training for any CRA staff that interacts with the public. 3. If you and your colleagues desire to see the building on the Property demolished, please call me and discuss what would be a fair apportionment of the costs if your desire is to have landscaping, lighting, public art, etc. While it has always been our family's desire (and demonstrated behavior for over 100 years) to work towards the betterment of the City, it is not a fair request to ask our family to shoulder the financial burden for a public benefit desired by the CRA. 4. You and your colleagues might want to consider what other CRA's around the state do to incentivize private property owners that have long dormant buildings. For example, the City of West Palm Beach's Downtown Development Authority ( "DDA ") recently approved an improvement grant to cover 30% of the improvement costs, up to $200,000 per property, for certain properties within the DDA, including 530 - 534 Clematis, 301 Datura, 302 Datura, 324 Datura, and 401 S. Dixie. A similar grant could be utilized by property owners within the Boynton Beach CRA to renovate buildings that otherwise may not be financially feasible to renovate. These concepts of assisting the private sector usually cost a CRA far less money than the CRA purchasing and renovating properties and attempting to operate properties themselves. As you know, government is generally not well - suited for efficiently operating properties. Mayor Hay, I thought long and hard before writing this letter to you as I know it will cause consternation within the City administration. However, this sort of behavior has been allowed to continue for far too long and it has been costly and embarrassing to the City that we all care deeply about. I believe that it is time that these issues be addressed. As you know, our family is committed to the City's success. Over four generations, we have given as much as any family to this City and continue to do so. Our family and our tenants operate some of the most successful businesses in the downtown, with our shortest term commercial tenant having been in operation for 12 years and our longest term commercial tenant 525 Okeechobee Boulevard, Suite 1100, West Pahl Beach, Florida 33401 • ph 561.835.8500 • fs: 561.650.3530 • WWW.sItutts.corn A T A A/ ] Ti h TI n r . Y Y t� n n Y r Y Y' Y+n r n . •. . • Y / .Y r • r • rY n • . •. .. r .w . • r w . .... .. .. .. .... .. - ..... .. ... . . Mayor Woodrow Ilay February 16, 2012 Page 4 having been in operation for 59 years. All of our commercial and residential spaces are fully leased; we pay a lot of property taxes and lire assessments, and we have donated our time and our financial resources to nearly every good cause in the community. We deserve a better CRA than we presently have. All residents of Boynton Beach deserve a better CRA than we presently have. I appreciate your time and consideration of the issues that I have raised and do hope that corrective action is taken. Should you desire to discuss any of these issues further, please call on me at anytime. Sincerely, / :.'''Bowen LI.P 1 ary y III l.lEO /js cc; Board Member Marlene Ross I3oard Member William Orlove Board Member Steven Holzman Board Member James "Buck" Buchanan Board Member Mark Karageorge wPl3E)Ocs 8022006 525 Okeechobee Boulevard, Suite 1100, West Palm Beach, Florida 33401 • ph 561.835.8500 • fx 561.650.8530 • www.shutts.com SPLASHDOWN DIVERS, INC. 700 CASA LOMA BLVD. BOYNTON BEACH, FL 33435 February 24, 2012 Boynton Beach CRA Board 710 North Federal Highway Boynton Beach, Florida 33435 Dear CRA Board Members, I read with great interest the article in the Palm Beach Post on Tuesday involving CRA Director Vivian Brooks because I have had very similar experiences with her. In my experience, I have found Vivian Brooks to be a bully who tried to get her way through threats and intimidation. This is her well -known reputation in the City and I think that it is time that your Board does something about this situation. As you may know, I have owned Splashdown Divers, a full service scuba center and charter boat operation, for 28 years. Splashdown was located at the Sea Mist Marina until December 31, 2011 when we were forced to separate the retail space from the dive boat space. This was due to a forced legal settlement agreement. I filed a lawsuit in 2010 to enforce a promised long term lease negotiation which became so costly, after doubling rent and legal fees, that I had to agree to settle the case to my detriment with a long term lease for the boat only and a promise of grant monies to move the retail shop to an off-site location. At the end of the legal action, I came into possession of a copy of an agreement with Palm Beach County that gave the CRA $2 million in exchange for an easement on the marina parcel which contains the dive shop building. This document should have been provided to me during the lawsuit discovery but was never produced by the CRA. I believe that if I had had this document earlier, the issue of denying me the promised long term lease because the CRA was going to demolish the building (as was stated by Vivian Brooks) would have been invalid and could have turned the whole issue around. Having found it too late to save the lawsuit, and having no funds to keep my lawyer working, I was forced to pick up the battle with God on my side. I began visiting each of the County Commissioners with copies of the easement. After I started visiting with the County Commissioners, Ms. Brooks advised me that "I know what you're doing and you need to stop! That building is coming down and you need to stop." At that point I felt the threat and knew the battle had escalated. I continued visiting each of the County Commissioners, pleading my case and got positive responses from all but one of them. Finally, at the January 24, 2012 County Commission meeting, after hearing from the public and listening to Vivian's inaccurate presentation of why they needed to tear the building down and why the marina did not need a dive shop, the County Commission directed Vivian to take 30 days to get with county staff and find a solution to put a dive shop back in the marina. When I approached her and suggested that we meet and see if we could work out a solution, she told me • that "I had stabbed her in the back and she would not work with me." Then she said "Let's take it outside" ? ?? I guess she could have meant outside chambers but in the heat of the moment, it sure felt like another threat. In our legal settlement, the CRA was supposed to pay over $38,000 to Splashdown for moving expenses. This payment was approved by your Board, waiving the normal prerequisites in order to provide the funds in a more usable timeframe. Vivian told the County Commission that these funds had already been given to me but, in fact, this has not occurred. Vivian lied to the County Commission and has failed to carry out your Board's directive. As a result of Vivian's refusal to pay me as promised, I am without signage and operating on a shoestring. Vivian has also refused to return our deposit for the vacated building "...because they may not get to demolish the building and they want to see if I had damaged the walls ". Think how absurd this line of reasoning is by Vivian. She is not returning our security deposit because we might have damaged the walls of a building that she forced us to vacate so the she can demolish it! This is absolutely incredible. To summarize, we have been forced out of our building, had material information withheld from us during discovery, never had our security deposit returned, never received the $38,000 in moving expenses that your board approved, witnessed Vivian lie to the County Commission on record last month, and have been threatened, harassed, and intimated by your employee non- stop. I have repeatedly offered to work with the CRA and my offers have only been met with more harassment and intimidation. I truly believe this City and the CRA are not being served well by Vivian Brooks. In my many years of experience with Vivian Brooks I have found her to be dishonest, mean, and vindictive. I am actually afraid of her. As I understand it, your job is to help businesses in the CRA, not destroy them. Please help me! Vivian Brooks has all but ruined my business and continues to try to harm it further today. I think that if you ask around town you will find many other people who have had a similar experience with her. Thank you for listening to my concern. Sincere, dr . Lynn imm s cc: Palm Beach County Commission B OYNT O N ,,BEACH CRA BOARD MEETING OF: March 13, 2012 Consent Agenda 1 1 Old Business 1 New Business I 1 Legal 1 1 Executive Director's Report I SUBJECT: Events Recap February 2012. SUMMARY: • Movies on the Ave. 2/3/12 — The Help PG -13 — 120 attendees. The screen was so great up on the stage, visibility was amazing. Food Trucks were very well received. • Sunday Funday — 2/12/12 — 70 attendees. Despite it being the coldest day of the year, the attendees had fun. The Swat team was there with all their gear, the K -9 unit did a demonstration and Fire Rescue was taking vital signs and giving kids a printout. The inflatables were a big hit, and the steel drummer had tambourines and other instruments for the kids to use. • Ocean Avenue Concert Series — 2/17/12 - 300 attendees. The weather was great and the band and food trucks were awesome!! • Heritage Celebration — 2/18/12 — 160 attendees. Beautiful day but a very disappointing turnout. The rock wall, bounce house and face painter were busy all day. The band was great and stayed for the entire day. • Downtown Open Market — 2/26/12 — 175 attendees. Good vendors, a band played "oldies" at the Amphitheatre, food trucks lined the street and we had a shuttle running all day from the Civic Center to the event at the Art's District. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: Information Only /- ',O / jp i ece... Kathy Biscuiti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\March 2012\February 2012 Events Recap - Information Only.doc iik IF .; , ,.' l ''' >IC ‘ 7 , 1 $ \ 4' ' fir A Te TON r i SCHOOL " �'�. „--,,.', . : - , , rio 194 ... .,... 1 ....,.... , . . „ . , ............ ir i lilt , . 9 , . ; 10, i Movies on the Ave. February 3, 2012 "The Help" Approx. 120 attendees y 1 r.. 1 -J 1 " il , 44 4 41 ' i III 44 . ' A 1 . . 41IF 4 _ t t. . t T4{ fl VL MIIIPP 401 m .rte I '",110.4c- _ III PI A . . , c , JO % . r s , - -..............- )h 0 -7. #9 I , , i s . .7 4 : , alik rI, *T. t. .ate � , MO - ---- -- - t od i . ,, .., . �f '' rte' ` ,, ., 4 .. ,,-4.---.4, W; ' At ' ,. e w ,,.... t, ow- 3 r . - .. 1 r , r 1.4 r unday Funday E "1 12 , ,.,�„� rox. 70 attendees _ I Ili" ,.„,,, -tr ti 30 1! 111P f ' 1�4 ,1 1 t L .. . ND it 3 r k � - P ,1 / Ad _ `\ .> /t ♦ ...RUC = • A _ � �` , ! ` • r P' U fa 4. f• M M ' ,L■ ■ 2 . ■ /1 1 1 1 t oil or 1F: S ; . !ow 4 ,0 Lii- t yi l ir , iqr * . . g . Ito 1 ":!- - " " • --- CO d ;fir 1 ..4a.:. - '''" o. 4104ft ■ b t . ,._ Ocean Avenue Concert Series February 17, 2012 i "The New Horizon Band" liii(di NI - ' 4 i f ^ Approx. 300 attendees iii'/ f ' r 1 11! i 1 glib .,, 4 110- i i O([flfl BV[11U[ CONCERT SERIES III g , . s / !. / / \ ,. IIII I i ., I ", "?..I. 4 ' * li i i iii r , _ „ it 1 : iv T to q "° e ,..•.• rit: CI 1 ,ti I STS,. '' , - ! i . +�, a r• CI* Heritage Celebration i February 18, 2012 d .. , "Family Fun Day id r Approx. 160 attendees • e • • 017.1 ii . Ole , F j N. d r te r . ',. , e'.. ,q ' O PE NM ARK ET s Boynton Beach 66- AllIft .. 4 . 4.1., * K } � n Downtown Open Market =� �: z , February 2 6 , 2012 K r, �` 40 Vendors - �, *' i , Approx. 175 attendees N So . A if ss' `�� • / R r L i. • r 4 s , I , I. . . N. '• 1plik ` • .. 1.f t + r. tot ,'4 i m .L i 9 N 7 *4it.-� % 1 )111 .... ....,.. ' . . , A ,, i . ` A .7" .7--wi / d BOYNTO yBE H ......,, CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing W Other SUBJECT: Update on Marketing Incentive Program for Local Merchants: "Boynton Means Business" SUMMARY: In October, 2011, the CRA Board approved funding for Marketing Initiative Program (MIP) 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." 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, Neighborhood Post and online at pbpulse.com digital banner • Coastal Star: Quarter page, color ads • Comcast: 168, :15 second spots per month, appearing on MSNBC, TLC, TNT, and USA Today • Palm Tran: A separate transit advertising offer at $900 included a "wrap ad" appearing on a 40 ft. The bus route travels from the Garden's Mall to Boca Raton's Town Center Mall, beginning March 3 until September 13, twice a day, seven days a week. To date, the following merchants have participated in the program: • Cuthill's Backyard • Two Georges Waterfront Grille • Beachcomber Art • Artful Dreamer's Studio • Schoolhouse Children's Museum and Learning Center All merchants are invited to attend a free, one -hour education seminar March 15 at the CRA office on the positive impact advertising has on their business and what our campaign can do for them. FISCAL IMPACT: Project Fund #02 -58400 -445: Creation of Marketing Incentive Program for Local Merchants. CRA PLAN, PROGRAM OR PROJECT: Marketing Department. RECOMMENDA IONS: Information only. lSL Margee Wals , Mar g Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting 1FY 2011 - 2012 Board Meetings \March 20121Update Marketing Incentive Program 030512.doc ,Z5,(..e.e.e.° t-v1/(722.5 (9- 711111P1' _ , .. , tri a GEt FAS GO FISHING GO FOR IT! t lam. ,, iii _ . , 0* • a , ,T„.„.._, t 4I t , boyntonharbormarina . com . BEACHCOMBER Ar u1 bre ' T re studio ` ' �� Awn1 yarn Csroativit m}Mwer y„ui 1 1 4/ii4p4 : VATEkrRONT - - %— COt1tS'Pb�S�! c IZILLE . »,. Two Georges Waterfront Grille Cuthill's Backyard Beachcomber Art Artful Dreamer's Studio 728 Casa Loma Boulevard 511 North Federal Highway 212 South Federal Highway 112 South Federal Highway Boynton Beach, FL 33435 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Boynton Beach, FL 33435 561.736.2717 561.740.0399 561.315.5717 561.901.1446 twogeorgesrestaurant.com artfuldreamers.com L 0 C 1■/ �� ‘- H i, U ( CO — 0 P LA rk ft. V -n c1 (1V1 F l 728x90_BB_CPA2 Page 1 of 1 "t•i!ro, a P ant i;frtrV,4 click to see where the Locals Go! ti � r ` (Ci b ��s �b ft) se c C A ( [SE H PJ _ � S T 1-� � o� G t--}• � ij( c � S OJL eL CL cC,K_ 0T �& Tt-h- / g _ 1 L C r 1 http: / /ads.coxnewsweb.com /PBP /advertising /2012/boynton beach cra/12 02feb/728x90/ 3/6/2012 Boynton Beach CRA Page 1 of 1 Rea 9 44teata d9e Ceekle4 3/l 9, autifraez E'reele ea Vo9fietut 1.,„,ot - .., , it, P ‘, x : , 1 ,\ 1 , , _, 1 GO FAST! GO FISHING! GO FOR IT! Plan your quick getaway to downtown Boynton Beach and see where the locals go! BEACHCOMBER RT A I j / // ; i :VATLQFomti_ I ` : lit ., a � Y: ' q w t, Ih l FL.+4I A bra Mtn Is Studio P �.,.. %%ark . Your Tropical Port for Fun! BoyntonHarborttilarina.com a Ylv .,. sponsored by: .wrrdBEA IICR V SCE pot r ('/AM t Fo P-- o CE0(?__ 6.-Es w 1 Te 1,4-4..... //, ,.,,.,..o...,..,,ol, ,.,,,,-, /ARP /orl,rcrtieino/7f11 hearh rra /12mar /6520209/snla.__ 3/6/2012 Two Georges Waterfront Restaurant, Lounge and Sports Bar Page 1 of 1 T kD 6?f (p a ; eiR. ..... y ,.., ,. ,_, ,., xasik, 4. ,,,,,.. 1 s _» - _ rte: 1110 1111111111111 ail mois -a NOOF -.ALAS. --....iii_is, ...a.1111111111111/1111.111111111111111111 sDeerkield beach / The Cove Boynton Beach Click An Image Above To Choose Your Relaxation Destination! Two Georges at the Cove Waterfront Two Georges Waterfront Restaurant, Lounge Restaurant and Marina and Sports Bar 1754 Southeast 3rd Court, Deerfield Beach, FL 728 Casa Loma Blvd, Boynton Beach, FL 33435 33441 Phone: (561) 736 -2717 Phone: (954) 421 -9272 Hours of Operation Hours of Operation Sun -Thurs llam -12am Sun -Thurs llam -12am Fri -Sat llam -2am Fri -Sat 11 am -2am Wednesday Night Trivia! 7:30- 9:30PM Friday is our World Famous Happy Hour! Live Music Saturday & Sunday at 4:15pm Live Music Saturday & Sunday from 2pm -5pm All NFL Games Showing on 20 Flat Screen 19 Flat Screen TV's Showing Your Favorite TV's! Sporting Events!!! o t_ G - - @6 T O ME LCf(p, t s N.Q _, (2 _, f -, i ... c . http: / /www.twogeorgesrestaurant.com/ 3/6/2012 4.4.0 frt..cri,frt/ ( 7% 1 1 .. , tol i ,•,......,.. . GO FAST GO FISHING GO FOR IT . , .. ,.. „ . „. , ,.. _. , ,o r .01011110.:," ' 4 4.- , - . ' ''''' , I - ;P` I ...._.- , - pas- ••• ........ .,,,,t. . ...it...F.., , . rttfill Dvezimers, titudic rc,r171. F.T.• , , * - BEACHCOMBER . 4,8itr, j r-r Ile - . _ boyntonharbormarina.com K2INT°N ir.NBEACH, ( • 10 t r / Ih ■ r ........ 1=1! ‘II 11111 c P ...''' '.....' 1 111 L 'fib $� 4 ; � ► s ,, _ 3 1' ' VV , t l 0 3 ll �� sr -�- , w a , al s� _ r z 1 . 1 , ,,,_ @ SPOTLIG H T. CRA's:15 second spots airing March 5- March 12 on the following networks: • History Channel • MNBC • TLC • USA Today • TNT ■ 225 ,z,e.ez.e 1>frt72.51 . i I I It I :- , - 4 CI 17- t 4 . . " 4't'l 1 GO FAST GO FISHING GO FOR IT! ',',t,,, - 4, # °(! d ......r • i r ti. r M. boyntonharbormarina.com is CRA ' ' �acxcoR , B Artcal Dreamerss SUudic ,I WnT«t 477.6 i c BCRA • Half Page Vert. • PBPost -TGIF 0 1 i y nA 6- C T6--T- {t! e QS T 1 BOYNTON BEAC CRA BOARD MEETING OF: March 13, 2012 Consent Agenda 1 I Old Business New Business 1 I Legal 1 X 1 Other SUBJECT: Update on the Status of the Promenade DIFA 2012 Compliance SUMMARY: The CRA entered into a Direct Incentive Funding Agreement with Boynton Waterways Investment Associates on April 25, 2005. The Agreement has been amended three times. Pursuant to the terms of the Agreement, the Developer is to lease a portion of the commercial space in the property at below market rate. Staff and legal feel that the required report submitted by the Developer fails to provide adequate information to justify payment of the Pledged Project Increment Revenue and have sent the attached letter to the Developer notifying them of that they need to provide further information to be in compliance with the terms of the Agreement. Staff will keep the Board updated as more information becomes available. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: None. Information only. Vivian L. Brooks Executive Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Promenade DIFA Performance Audit.doc r 710 N Federal Highway B OY T D Boynton Beach, FL 33435 Ph: 561 - 737 -3256 =BEACH Fax: 561- 737 -3258 www.boyntonbeachcra.corn March 7, 2012 Mr. Pryse Elam VIA FEDERAL EXPRESS New Boston Fund 777 E. Atlantic Avenue Suite A203 Delray Beach, FL 33483 Dear Pryse, I am in receipt of your correspondence and the Independent Accountants' Report On Applying Agreed -Upon Procedures which will be treated as a request for disbursement of the annual DIFA payment by the CRA. For reasons stated below, I cannot process the request at this time. The Direct Incentive Funding Agreement ( "DIFA ") requires an annual performance audit (Section 5.4) and conditions disbursement of the Pledged Project Increment revenues subject to the audit. The Accountants' report fails to document the Developer's compliance with section 5.2- Affordable Access - Commercial standards for performance. More specifically, the report must document that the Developer has implemented and maintains an incentive program as described in Section 5.3 and the Program Application as referenced therein. Additionally, it has come to our attention that marketing of commercial space has been suspended, a fact that seems obvious as the commercial space is entirely vacant and there are no reported revenues identified in the Accountants' report. The representation made regarding the commercial components of the project were material to the Developer's proposal being accepted by the CRA and remain an inseparable element of the DIFA. I am concerned that the failure to market the commercial space signals an abandonment of the Developer's business and a repudiation of the Developer's obligations under the DIFA. I am requesting that you address the above referenced reporting shortcomings and provide assurance, both in word and action, that the Developer and this Project remain viable. Absent both, I cannot conclude that any additional disbursement of public funds is warranted. My request to the CRA Board to authorize disbursement of funds will be placed on hold pending your reply. Sincerely, Vivian L. Brooks Executive Director BOYNTON WATERWAYS INVESTMENT ASSOCIATES, I,LC INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES fuocogrou Crtified Put& Acrountant^. & Meteors February 24, 2012 1 o the Members Boynton Waterways Investment Associates, LLC Delray Beach, FL 33483 We have performed the procedures enumerated below, 'which were agreed to by the management of Boynton Waterways Investment Associates, LLC solely to assist you in the submission of your performance audit to the Boynton Beach Community Redevelopment Agency ( "CRA'') pursuant to the Direct Incentive Funding Agreement dated April 25, 2005. This agreed upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We perfunned the following procedures in order to determine that you are offering 10% of the retail space (1,930 square feet) of your property (total retail square foot 19,300), The Promenade at 400 N Federal Highway, Boynton Beach, FL (The Promenade), at one -half (1/2) of the average rental rate of non - program space. As per correspondence dated February 9, 2011 prodded to us from the CRA, this rate was determined to be no higher than $12.50 per square foot based upon an analysis of comparable retail rentals in October 2010 and you have confirmed that you have no requirement to update this analysis for purposes of the Direct Incentive Funding Agreement. • We confirmed that Mervin McDonald has been retained by you as the exclusive broker for The Promenade. • We verified that Mervin McDonald is a licensed real estate broker in the State of Florida by verifying the below licenses on www.inyfloridalicense.com (see Exhibit A h: o Mervin McDonald — License numbers BK408000 and BK3213 I72. o 1 ancore Realty, Inc. — License number CQ259391. o CDS Realty L LC dba Park View Realty — License number CQ 1030188. • We received outside verification from Mervin McDonald of LancorefPark View Realty (see Gthibit 13) that confirms o Mervin McDonald is a Florida licensed real estate broker that has been retained as the exclusive broker for The Promenade. o A minimum of 10% of the total 19,300 commercial square footage is being offered at fifty percent (50 %) of the market rate. • We performed an online search on LoopNet for The Promenade and reviewed the online listing of the retail space available and noted that the listing reflects 2,263 square footage available at the rental rate of S12.50 per square foot 1 Space 4) tsec Exhibit C). • We inquired if these were any ex cutcd leases at the affordable access rate of $12.50 and were advised that there were none to date. 1 • i . ! r1:._ 1 =16 F :• ti- e:f3fx + ,,T, l iota i131:H: , _4;4 ...,x . '', .'t 3 i .1. t Based upon the above proe:edures performed and our findings, we hereby find that The Promenade is offering retail space of minimum of 1,930 square footage at the rate of $12.50 per square foot. We were not engaged to and did not conduct an examination, the objective of which would be the expression an opinion on the financial statements of Boynton Waterways Investment Associations, LLC. Accordingly, we do not express such an opinion. !lad we perfumed additional procedures, other matters might have come to our attention that would have fx:cn reported to you. O'Ve Fuoco Group, LLC Boca Raton, FL. February 24, 2012 Licensing Portal - License Search Page 1 of t Exhibit A r, 1 of 4 rr 00 :I2 PM teter012 Data Contained In Search Results Is Current As Of 02/24/2012 11:53 AM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate MCDONALD. MERVIN Primary BK400000 Current, Active Broker or Sales DONALD Broker 03/31/2013 Rain Address': 95 S FEDERAL HWY 42041 BOCA RATON, FL 33432 • denotes Main Address • This address Is the Primary Address on rile. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or Ucense Location addresses). r. +tense+ Location Address - This is the address where the place of t4,siness it physically located. Contact Us :: 1.940 North Monroe Street, Tallahassee P4..32399 :: CaB.Centeretdbpr.state.fi.us :: Customer Contact tenter 856 49 r 1395 The State a florid' is an AA/LL) empbyes. Q+Aoht 2007 -2010 State M f1prlda. Privacv Statement Under Oxide raw, e-ntall aridre ,scs arq public records. If yei do not want our e-mail er:dress released in resixnse tc a public reCads (egUest: do rcpt send electrvntc mall to tits entoty. instead, contact the office Ly pncrte +r by traahtiCnal mod. if yea ,cave uny tturstl6+s regarding DBWP's ADA web accesstti:lity, please contact' t% Web 14 aster .t w ¢msster{ oratttttr.li.w,. Licensing Portal - License Search Page 1 of 1 Exhibit A 2 of 4 rz.•04:24 PM 224/Z012 Data Contained In Search Results Is Current As Of 02/24/2012 12 :01 PM. Search Results Please see our glossary 4f terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate MCDONALD. MERVIN Primary BK3213172 Current, Active Broker or Sales pONALD Broker 03/31/2013 Main Address*: 95 5 FEDERAL HWY +1204 dOCA RATON, Ft 33432 New Smith * denotes Main Address - This address Is the Primary Acidness on file. Mailing Address -'phis Is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This Is the address where the place of business k physically located. Contact Us :: 1940 North Monroe Street, Tallahassee FL 32399 : Cag.Centcredbpr,state.fl.us :: Customer Contact Center: 850.487,1 AS the State or Honda Is an AM/FED enrptuym. Copyright 3007 910 State of Florida. Privacy Statement Bader Ronda Lev, mina. addresses are public roc.' k. If you On not want yowl ^ - mail address released In response to a pwacwe ords request. do let send ele.trunk mall tc this entity. Instead, contact the office by phone or by tradalonat malt, if you have any gt.estuns regarding OUPR's ADA web decessrbdrty, Pleost contact uur Web Master t Web mast. ri dbpr,state,fi httosJfwww mvtloridalicense.coni/wl 1 1. asn . earl• h- 1 .irNhrRi.Cri1- R•hrri— ,e,t‘rri_ISj 1/1.1.1 Licensing Portal - License Search Pagc 1 of 1 Exhibit A - 3 of 4 12.43 ?° PM 9:2423 12 Data Contained In Search Results Is Current As Of 02/24/2012 12:01 PM. Search Results Please see our glossary of terms for an explanation of the License status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate LANCORE REALTY INC Primary CQ259391 Current, Active Corporation RE Corp. 09/30/2012 License Location Address*: 399 W PA/METTO Nk RD 102 1 3OCA RATON, FL 33432 Main Address *: 95 500111 rEDERAL HIGHWAY BOCA RATON, FL 33432 Back Now 5r:ort:h +denotes ffaln Address - This address Is the Primary Address on Me. Naffing Address - This IS the address where the mall associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address wtiern the pIue of business is physically located. Contact Us :: 1940 North Monroe Street, Tallahassee FL 32399 :: Call.Centerfi'dblxxtate.fl•us :: Customer Costt..ct Center: 850.407 13? s The State m fiends is an AA/1 eruployet. coDyrielit 2007 -2010 State of Merida, prnydcv Statement Under Florida fay:, e-mail adrkesSt : are medic rc.or4s. if 7'041 do rant want your e-mail vl:tress released Li resP'utse to a public request, do rut send eith.trunic mail to tits entity. Instead, conts Me office by phone or by traditional awl. if you haws any questions regarding D8PR i •0A web accecsrfilrty, please [onto .tour web Master at we¢eiss4p lumptate n.us. Licensing Portal License Search Page 1 of 1 Exhibit A — 4 of 4 1 7:01.49 PM 2/24,20 Data Contained In Search Results Is Current As Of 02/24/2012 11:57 AM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name I Number/ Status /Expires Rank Real Estate CDS REALTY LLC Primary CQ103018B Current, Active Corporation RE Corp. 03/31/2012 License Location Address *: 3299 NW SECOND AVE BOCA RATON, FL 33431 Main Address*: 3299 NW SECOND AVE BOCA RATON, FL 33431 Real Estate PARKVIEW REALTY DBA CQ1030188 Current, Active Corporation - RE Corp. 03/31/2012 License Location Address*. 3299 NW SECOND AVE BOCA RATON, FL 33431 Main Address*: 3299 NW SECOND AVE BOCA RATON, FL 33431 KEEN New Soorch • denotes Main Address - This address is the Primary AJdress on file. Mailing Address - This Is the address where the mail associated with a particular license will be sent (If different from the „Ain or License Location addresses). License. Location Address - This Is the address where the place of bus!ness is physically lot.ated. ccntatt uE .: 1940 Mirth Nonage Street, Tallahassee FL 32399 :: CaII.Center _idbprstate.n.ue :: Customer •':one tcR Center: 850A87.1395 1e Style a Florida is an AA/EFC ¢mproyer Copvrifft 2007 -2010 State of Florida,. privacy St,Mtemsnt tinder fhxxta taw, e-mail :addresses are pubis: records. rr IOU Po not want vc >r a -rr.3d wtdrets re1.2bsed In respons : lc a paitrb :records request, dr not send eteetron r mail 10 tte. entity. Inste'•I, 'enact the ewe by ohOne rr by tradi;ronet mad. 0 you trove any questions regal-Moi nitres Ana web .cress4uttty. please con•aci our Web :tarsier at webmayt httni /At Itw mvllnririnIier•n¢rramlwlI1 nen'mrsri. ').Q•rpnrrh -1 i, ‘ fil— t!• Nr.1 — p - ,..., — ni 'till /1111 Exhibit B REALTY February 24, 2012 Ms. Donna Seidenberg, CPA 2419 University Drive -�-- Coral Springs, FL 33065 RE: Direct Incentive Funding CRA Boynton Beach, Florida The Promenade - Boynton Beach Dear Ms. Seidenberg: PIease be advised that this letter shall confirm that Lancore Realty, Inc./Park View Realty has been retained as the "exclusive" broker regarding the above noted property for the purpose of "leasing" the commercial space, totaling 19,300 sq. f1. A minimum of 1,930 sq. ft, ten percent (10 %), is being offered at fifty percent (50 %) of the market rate. Mervin D. McDonald is a licensed real estate broker in the State of Florida. Lancore Realty, Inc. License # CQ259391 and CDS Realty, LLC dba Park View Realty - License # CQ 1030188. Should you have any questions, required further documentation. please do not hesitate to contact the undersigned. Sincerely, Mary McDonald c1-5 Broker LancorefPark View Realty cc 3299 NW 2nd Ave. Boca Raton, Ft 33431 Tel. (561) 819 -6958 Fax (561) 278 -6930 LoopNet The Promenade. Office Building, 400 North Federal Hwy, Boynton Beach, FL Page 1 of 3 Exhibit C - 1 of 3 Print all the details of this listing in a proper format by clicking the "Print Listing" link on the right -hand side of each listing. clb ..,. . ,,,._... __ <. Y - ....'. r -..,, c-- .�...- .. ....•.,., .. -. Looplier �r+1a11r•oi wtlrll'to r ., )dotlo Fscorro .1lr,�rnOrni+ir 1...3 In • OfIce Property For Leans The Promenade Preserilcdbr 400 North Fiedsral Hwy, eoynlan Beach, FL 314‘5 ?ark View Really .a ' 1Ail1 12,1 SF 11 Rental Rele. S12.50 - 520 rSFrYear Request addlllonal information 1 Mot Di Isr .:. 680 SF Jesemy Slotvart t L cr lipolur 3.894 aF i567) 819.6958 Ex1: 2308 l ,l . Prt>peay Type: oleco Contact fisting broker i • Pmperty &AL-1' .� C Iicc 8urlalr g Name • * First ',flow • • -h : B ullong 9.0 19.36:, SF BuiYl r y Ceara: A a.ast Name Lot Si'e' 4 of Email Find Out Mora PhW o ... ... • • Lddt - retilicu Ll,4n'JW 1717l8e3 of 6 Spaces Available ta,pIuy R ", - iote as Enured Space 1 Span: Rvv;table. 9,084 SF Please aeon me ac itmndi idlormallon about IMF properly. Rental Rate: 520 /SF /Yenr Space Typo: ONmn 9Vild ng Min. Diviside: 1.500 SF IG 111,7•lil�rl :/'7�Ii Mil, (- exglguous' 3.8 SF er dairy SInrsd [Ming e.msr ra, rneatrry p..sruw road wgxrmai, and spas Lease type: WIN m teoyaar. Terms and Conddions. _ T.. - - - - hu. C lq ,art Ms tvt+rn Is • covrMq, La•NL sal anouri9r 'y o.. r.. as. r.: +r so teal p.m oan owns rw. Win; art, wasp new Space 2 Space Avaitablo: <,37] SF •••• sterols a.d0.nn WS r rot than :ur env ❑:e or : 'rrr-a cur Flantai Rata: 320 ,SF/Yoar Privacy roiecy Space i ype: Ultra BurlO o bldr. Divwrbte- 1.203 SF Watch Thls Property Mnr c xnlgr: x s 2,3, 3 SF 9hary at Iltt Loa,e type r nN Una to This been:, . _ _... _ _ £m6 re This rn "r ;r Web Sl:2 .4rogets. Badges and TcY.s Space 3 Sports Ave:: Jle 660 SF itonwl ff_ le 520 /SF,YOar Scam rye : '. on so buldiry Share on socdi1 betaor s Lve.; Typo: TOM rrso rm Y a rrnert 0 _ Sew* Space 4 Fr.::a Avait rr*O: 2,24' 5F - - r�rs,A 512.50 /SF/YeW r/ i Orn� Addnron.. op. Qn: Sprna Type: Olire sariLk War. Ltrnagr aphics Lo.ese typo: t'JNN Space Specs Porwri8ir_ 560 SF •. ¢g7f+w••1 1••••••• r••••• ».. /.........n.. w.....1 Paso AlAw:wCs :awft :wa:.... m_.,c i.. tn. ., Cal Yr\ - 1'7i 1 7r►t'1 e_. mot— , M /'101101 Loop Net , The Promenade, Office, Building, 40() North Federal liwy, Boynton Beach, FL Page 2 of 3 Exhibit C - 2 of 3 Reveal flaw $20 tSF Year -place 1 yo,o- Cgs - .0 flo.. srj --- Space a Sr Ava,locio: 2,263 SF Aortal nate. 520 iSF/Yeat OMR ENIJS SoOce iy,..".: 016.0 SJoir 1 4/30112 FRE! guava Wage Type NNN INTERNET Destaription inemenade 4 3 6100e11 now milted use Oevelapitiont in ass Ococcon Faeo.M. Threa *Mauro, s choosy w,suci up, 1/!J/CE Coma loin Boytifon's newest trevaluganami High wady imslir and cutsinkaton WO ono' am:Mb oh Federal Highway Poled ft any onto U8� m3. dorsal. insurn*.e. professional drikkt. Oche* orwcore Tli I mak coons 36.000i- por day end excellent commute on Ma cower cl Boyi_con Baal filao. And Fedwal Highway. Jusr a $ten wale W Intracoastal Bodge and Bann. Easy access to ler, as well. The east side overlooks a ponchos* and natural we*. Newby metro and chartelbaer mats, ails location ideal or Divirtyb_sterltlifigag iiIiii,-;,/i85 mace/ store. Coleys audlenoo with many residents h the CuSsang and 1000• urf.'s in the inunalme et**. Ohio or retail brior.,. Your concept anti .aka a di* c ! Map al 400 North Federal Hwy, Boynton Reach, FL 33435 (Palm Beach County; Kola ap rigt r-eaj fs- - F i t 2 r . • '...er ..: v 1■ (866)5761O34 , 1 :•■••• +, . ...e .s y! ce . a ; , (6eareltril .- t11.10%1Va tl.fiSS 3 , a 2 l f _ . 709c I i , i . 1 . , ,..... r-, ' q.stms44 , witritima-otilivii- - , 1Y 1/- 1 '• t 6. eri i — — k ?., ! ' . u EV dc 2 „ e ciced r 1 /Ave Contact Listing Broker to find out more details. _ .. _.........._ More from: alemaxis speck/4o o. caw toJaMvi,; ail Lousy vemadaersil riles view Wel* LoopNet - The Promenade, Office Budding, 400 North Federal Hwy, Boynton Beach, FL Page 3 of 3 Exhibit C -- 3 of 3 1.:4. : 'V, Fie IIIIIII ,.. F.w' rte .'rorranec.4+ At Jnt FL••d ,- Oddity Seta*. •L Boyinat reach, FL Lrakay f' • n, FL [.obey beach, FL Pompano Bunch, FL 2,067 SF 1:.113 SF 3.037 ,•F 51.1. dp.00 3,950 fiF S20 /Yenr Ft? 50 719 25,SF/Yt._r 57 • 39 rSinoa Additional information for 400 N Federal Highway, Boynton Beach, FL 33435 view the Properly Record Ice 11,, address t0 acmes Aad•tioit& *d0rm,;t. 1 such as historiCOI iSl $S, pr0L "arty detals. lax d, is, comm. mortgages, tenants, and mo le. Asking Price Index Trends for eoynton Beach, FL Mica For Lease Ask,nt, Rent Office for Lease Boynton Reach, FL 0157hrer) ST! 120 116 I 1 15 = � -- - - Jan 06 Jae 06 Jan 10 Jan 17 — Stale — Metro County Lugger vs. 3 •tso. Jan 12pnor Y•O•Y SLtte 116 0.0% •2.$ Metro 116 43% 1.0% County 517 -0.7.i. - 2.3`.; view Bo.nto,t Beat, hawk a 17.,nds k. ulhcr; , Opetly !pits fr ;, or kas' L..urn more at04 IhL ChM Info. me nlormation atom has be, n obtained rare sou eel twinned tekatle. Wale wa th n (but 1 ih accuracy w• haw rol voril.cl if Ind make no quw..nlue....101 ty or repel •,eatta ,n •baut e 0 r, year responsrb,lay b rdnpAeut ,Ily ermr,rn lb seder sty ar ronrn' r.- Any pgea.ar,., _ ,ins. a.. u 101 t orgy and a, ad It .ge,ml the cuucrll M 'Awepotasmance ii pr..r.y fK rakeol amtrapsx.0n la ym u,^rwxls ar ua All al Hex warbahndd r cva4rrlcd •:y y.:rwl • !Winos'. anti ILlhl att ca; Yo, :sr tl yt.i. sL, u'l ea. AKia: :refr0.ankr,akytnrtnnveat`9oaoh the prupwy be loll Gl • . pr It et e., tat, 'h7 Jl It truilbly to y. +. . nee% TO•P A03 by Goo ile Commercial Back Flipping The New Commercial Real Estate Investing Strategy That Works! ww'w.ReafEstateMontortng nei Con*aet us It , k l LYhagrs r at Js f'r.,ucls Ativ-nlr.e i' ;l fears •N'1 t Pn. C: r . ' , y 1 ' nt:f eu P , res : Cr:7ke1 B t 3 , , C; ..ve,A d1 osr tlrr /Jwviw_ nnnet. comixNet/ MainSite /Listine /Pm flte /Pmfile.asnx7LID =17137911 nit I= 2fJdnn! PROMENADE €.. - HEET FY 2011- 2012 Value of the Project prior to Redevelopment - 2004 Value $ 119,816 ,(Aggregate Value of all properties within Project Boundary) Value of the Project after Redevelopment - 2011 Assessed Value $ 75,848,576 (Aggregate Value of all properties within Project Boundary) Project Increment $ 75,728,760 TIF Revenue = (95% of Project Increment X (City Millage + County Millage City Millage Rate* 0.0071941 City TIF Contribution = 95% of Project Increment X City Millage $ 517,560 County Millage Rate* 0.0047815 County Contribution = 95% of Project Increment X County Millage $ 343,992 TIF Revenue created by Project $ 861,552 Incentive Award = Award Factor X TIF Revenue created by Project Award Factor 47.5% Incentive Award to Developer $ 409,237 Total Remaining with CRA $ 452,315 *Millage Rates are set annually by the City and County BOYNTON CRA =BEACH CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda I X I Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Results of General Contracting Services Request for Proposals for the Interior Built -out of the Jones Cottage Project SUMMARY: At their regular meeting of January 10, 2012, the CRA Board approved the issuance of a Request for Proposals for General Contracting Services for the Commercial Interior Build -out of the Jones Cottage (see Attachment A). The RFP was released on January 23, 2012, with a deadline for submissions of February 23, 2012 at 3pm. The RFP provided a "non- mandatory" pre- submission site meeting on January 30 with an additional two week period for interested contractors to schedule appointments to visit the site. Ten contractors attended the January 30 meeting and several contractors scheduled appointments for additional site visits. The RFP provided an opportunity for potential respondents to submit "Request for Information or RFIs" based on the design plans which in turn would generate clarification "Addendums" being issued to the potential respondents. Under this RFP, a total of seven (7) RFI Addendums were issued prior to the submission deadline. At the close of the submission deadline, the CRA received two RFP submittals (see Attachment B); West Construction, Inc. with a proposed project cost of $247,568.00; and Christopher Johnson Construction d/b /a C & J Design Build with a proposed project cost of $324,529.30. While each company is qualified to complete the project, the costs associated with each of the responses are well above the amount anticipated by both the CRA and Tenant for the restaurant project. These prices leave no room for a project contingency or costs associated with the interior furnishings of the restaurant such as electronic media equipment, tables & chairs, dishes & cook ware, stocking of food service goods and additional items necessary for the Tenant to open the restaurant. Based on the findings as set forth above, staff is recommending rejecting the two Proposals as submitted and closing the General Contracting Services for the Interior Built -out of the Jones Cottage Project Request for Proposals. FISCAL IMPACT: To be Determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Rejection of the two Proposals as submitted and closing the General Contracting Services for the Interior Built -out of the Jones Cottage Project Request for Proposals. Michael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Results of RFP Cottage Interior agenda pg.doc Attachment A ,i. BOYNTON c BEACH REQUEST FOR PROPOSAL The Boynton Beach Community Redevelopment Agency (CRA) will receive sealed price proposals in its office, 710 N. Federal Highway, Boynton Beach, FL 33435 until 3:00 PM on the submission due date, February 23, 2012. Proposals will be opened at a public opening in the CRA offices at 3:15pm on the above due date. Request for Proposal documents, construction plans and specifications must be obtained from the CRA office or website at www.bovntonbeachcra.com. GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT Located at 480 E. Ocean Avenue, (SW corner of E. Ocean Avenue and SE 4 Street), Boynton Beach, FL RFP Issue Date: Monday, January 23, 2012 There will be a pre - submittal meeting at the time and place listed below. See Section 1.8 for contact information for this RFP. The Board of the CRA reserves the right to accept or reject any proposal or any part thereof or any combination of proposals and to waive any or all formalities. A Pre - Submittal meeting to answer questions concerning this RFP will be held at the Project Site, 480 E. Ocean Avenue, Boynton Beach, FL 33435 on January 30, 2012 at 3:30pm. The Project Site will be made available by appointment for Contractor Pre -Bid observations from January 31 until February 10, 2012. Boynton Beach CRA Contact Information: Michael Simon, Development Director — 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 Page 1 of 26 1.0 REQUEST FOR PROPOSAL REQUIREMENTS The Boynton Beach Community Redevelopment Agency (CRA) is accepting Construction Bid Proposals for the selection process and to enter into a contract with a qualified General Contracting Firm to provide and perform complete construction services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): Jones Cottage Commercial Interior Build - out This document provides information for interested parties to prepare and submit a response to this Request for Proposal (RFP) for consideration by the CRA. PROPOSERS ARE ADVISED TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS IN STRICT ACCORDANCE WITH THE SECTION NUMBERING SHOWN IN SECTIONS 2.0 AND 3.0 OF THIS RFP. 1.1 General Information The RFP provides the information necessary to prepare and submit qualifications, fee proposals, and general conditions prices for a CONSTRUCTION BID PROPOSAL. The CRA will rank the Proposers in the order that they provide the "best overall value" for the CRA based on the selection criteria set forth in Section 1.12. 1.2 Interviews of Proposer Firms Following the CRA's evaluation of the proposals for further evaluation, prior to negotiations, interviews may be conducted at the CRA's option. The CRA reserves the right to reject any proposal for noncompliance, and to award the Project, at the CRA's sole discretion, in whole or in part to one or more Proposer firms, or to not many any award of the Project. 1.3 Scope of Project Work — See Attachment "A" Construction Documents (on disk) 1.4 Project Delivery The completion date for construction is anticipated to be no later than May 18, 2012, unless a different negotiated date is agreed upon. 1.5 Type of Contract Any contract awarded from this RFP will be in the form negotiated with the successful proposer and in a form approved by the CRA attorney. 1.6 Definitions As used in this RFP, the terms have the meanings set forth below: Page 2 of 26 1.6.1 "Construction Contract" means a contract with a construction firm to provide construction services for the complete construction of the Project as described in Exhibit "A" Construction Documents. 1.6.2 "General Contractor" means the individual, corporation, company, partnership, firm or other organization that has contracted to perform the Project work under a Construction Services Agreement with the CRA. 1.6.3 "CRA" means the Boynton Beach Community Redevelopment Agency or its designated representative or agent. 1.7 Direction and Management The work of this Project will fall under the direction and management of the CRA or its designated representative or agent. 1.8 Contacts A. Questions regarding this Request for Proposal may be directed to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Development Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 737 -3256 or email: simonm @bbfl.us B. Questions regarding the Construction documents may be directed to: REG Architects, Inc. Attn: Al Phillips 307 Evernia St., Suite 400 P: (561) 659 -2383 ext. 29 F; (561) 659 -5546 or email: al@regarchitects.com 1.9 Submittal Deadline The CRA will accept proposals at the location listed below until 3:00 PM February 23, 2012. It is the responsibility of the Proposer to insure that submittals are received at the designated submittal location by the Submittal Deadline. Proposals received after the submittal deadline will be returned to the Proposer unopened. 1.10 Submittal Location The Proposals must be received in the office of the CRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.11 Number of Copies In total, five (5) copies of the Submittals are required. One of the five Submittals is required to be an original. One copy shall be unbound to facilitate copying. Page 3 of 26 Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Proposal as: Response to General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Build -out Project Date Issued: January 23, 2012 1.12 Selection Criteria The Proposer(s) selected to be the General Contracting Firm will be the firm(s) whose verified experience and qualifications, as presented in response to the RFP, reference checks, and any interviews the CRA may conduct, establish it, in the opinion of the CRA, as offering the greatest benefits, experience, and value to the CRA and the Project. The Selection Committee will review and consider the following major items throughout the selection process, but these are not listed in any particular order of importance: 1.12.1 35 Points: Experience & Performance Proposer's successful time in relevant business, free from adversarial legal actions, as well as conducting successful safety, quality control, MBE /WBE, and LEED programs. Proposer's ability to keep the CRA advised of the project construction costs and schedules at all times. The General Contractor will have the responsibility to advise the CRA that a design decision or user requirement is impacting budget or schedule beyond the established parameters. Proposer's ability to develop conceptual cost estimates based on Construction Documents that anticipate the types of costs associated with buildings of this type and complexity and to develop a Guaranteed Maximum Price based on Construction Documents. Finally, the Proposer's ability to perform the subcontractor buyout based on the GMP. 1.12.2 25 Points: Staffing Proposer's appropriate staff qualifications during the Construction phases under General Contracting Firm construction delivery process. Proposer's capability and ability to successfully interact with the CRA and /or the CRA representative or agent. 1.12.3 40 Points: Pricing Competitive cost and fees associated with Project delivery using the General Contracting Firm Sixteen (16) division Master format process. Proposer's ability to produce a timely Guaranteed Maximum Price that is within the amount Available for Construction Contract. Proposer's ability to perform the labor, material and subcontractor buyouts within the established GMP. Page 4 of 26 1.12.4 Interviews Interviews, if required, to further expand on the qualifications and pricing information provided in the Proposer's response to this RFP. 1.12.5 Proposers are not required, nor encouraged, to provide narrative descriptions of how the Proposer intends to achieve or perform the items as organized above. Rather, Proposers should provide the information specified in Sections 2.0 and 3.0 related to the above. Proposers past performance of these items will be determined by the CRA from reference checks and interviews when required. 1.13 Proposer's Acceptance of Evaluation Methodology A submission of qualifications and pricing proposals in response to this RFP indicates Proposer's acceptance of the CRA's evaluation techniques set forth herein and the recognition that subjective judgment suits be made by the CRA during the evaluation process and in its fmal selection. 1.14 Public Information Statement The CRA considers all information, documentation and other material submitted in response to this solicitation to be of non - confidential and/or non - proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.15 Clarifications and Interpretations 1.15.1 Answers to Questions Proposers are required to restrict all contact and questions regarding this RFP to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than 5pm, February 13, 2012. Answers to questions will be provided no later than 5pm, February 16, 2012. 1.15.2 Clarifications or Interpretations Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the CRA or its representative as an addendum. All such addenda issued by the CRA before the Proposals are due, are part of the RFP, and Proposers shall acknowledge receipt of and incorporate the requirements of each addendum in its Proposal by completing and including in their response package Attachment "B" Addenda Acknowledgement. 1.15.3 Addenda Proposers shall consider only those clarifications and interpretations that the CRA issues by addenda at least five (5) business days prior to the Submittal Deadline. Interpretations or clarifications in any other form, Page 5 of 26 including oral statements, will not be binding on the CRA and should not be relied upon in preparing the Proposal. 1.16 Obligations of Parties 1.16.1 Assumed Requirements Proposer understands and acknowledges by submitting a Proposal that the Proposal presented is based on assumed requirements for the proposed Project; and, that the CRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the presented Proposal. Proposer is required to qualify all assumptions it makes. 1.16.2 Costs of Proposal Submission Furthermore, Proposer understands and acknowledges by submitting a Proposal that any and all costs incurred by the Proposer as a result of the Proposer's efforts to participate in this selection process shall be at the sole risk and obligation of the Proposer. 1.16.3 Reimbursement The CRA will not provide compensation to Proposers for any expenses incurred for proposal preparation or for any presentations made. 1.1 6.4 Award of Contract The CRA makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the CRA's best interest. Representations made within the Proposal response will be binding on responding firms. 1.17 Completeness of Proposal 1.17.1 Completeness Proposer should carefully read the information contained herein, the totality of which shall govern the Construction Services. It is the responsibility of the Proposer to submit a complete response to all requirements and questions. 1.17.2 Conditional Clauses Proposals which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification at the option of the CRA. Page 6 of 26 1.17.3 Clarity Each Proposal should be prepared simply and economically, providing a straightforward, concise description of the firm's ability to meet the requirements of the RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the CRA's needs. 1.17.4 Compliance Failure to comply with the requirements contained in the RFP may cause rejection of the Proposal. 1.17.5 Rejection Proposals submitted after the Submittal Deadline will be returned unopened. 1.18 Withdrawal or Modification A Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Outside of the approved negotiation process, no Proposal may be changed, amended, or modified after the Submittal Deadline. No Proposal may be withdrawn after the Submittal Deadline without approval of the CRA which shall be based on Proposer's written request stating reasons for withdrawing the proposal that are acceptable, in the CRA's sole discretion. 1.19 Ownership of Proposals Proposals and any other information submitted by Proposer's shall become the property of the CRA; however, the CRA may return all other Proposal information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the proposal pricing information requested by CRA is provided. 1.20 Validity Period Proposals are to be valid for the CRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Proposal, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.21 No Response Firms wishing to submit a "No- Response" are requested to complete Attachment "C" Statement of No Response. Such a response will in no way disqualify or limit any future bids or proposals from the firm. Page 7 of 26 1.22 Proposer Acknowledgement and Compliance Certification Proposal shall complete and include a signed Proposer Acknowledgement and Compliance Certificate exactly as shown in Attachment "D " Proposer Acknowledge and Compliance Certificate. 1.23 Tentative Schedule of Actions 1.23.1 Release of RFP January 23, 2012 1.23.2 Pre - Submittal Meeting January 30, 2012, 3:30 pm 1.23.3 Proposal Submittal Deadline February 23, 2012, 3:00 pm 1.23.4 Complete Evaluation of Submittals March 2, 2012 1.23.5 Interview of Short- Listed Firms March 5, 6, & 7, 2012 (if applicable) 1.23.6 CRA Board Meeting Presentation March 13, 2012 1.24 Execution of Agreement 1.24.1 Offer of Contract Upon selection of the successful Proposer by the CRA, the CRA will extend to said Proposer an offer to enter into a General Contracting Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and proposals identified by the Contractor in its Proposal and accepted by CRA in negotiations. 1.24.2 CRA's Right to Withdraw In the event the successful Contractor fails to return an executed contract, and can identify to the CRA in writing negotiated terms that were omitted, the CRA reserves the right to withdraw its offer to enter into a contract with the Proposer. 1.25 Proposal Format 1.25.1 Content Proposals shall consist of Responses (certifications, answers to questions, and information) to requirements and questions identified in Sections 2.0 and 3.0 of this RFP. Please reference the Section number at the top of the page of your corresponding response. 1.25.2 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for in the RFP, or irregularities of any kind are subject to rejection by the CRA. 125.3 Additional Information Except for alternate or technique bids, additional attachments shall not be included in the Response. Only the Responses provided by the Proposer Page 8 of 26 to the questions identified in Section 3 of this RFP will be used by the CRA for evaluation. 1.25.4 Table of Contents Include a Table of Contents that provides page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the section so the Proposal. Attachments shall also be listed in the Table of Contents. 1.25.5 Page Size and Binders Proposals must be 12 -point fond on letter size paper. Five (5) copies (one should be an original) of the Submittals are required. All copies of the Proposals, including the original, shall be unbound but clipped together. One (1) digital copy of the Proposal on CD/DVD in PDF format is required. The cover of the Proposal must clearly show the project, as well as the name and return address of the Proposer. 1.25.6 Divider Tabs Divider tabs should be used to separate the different sections of the Proposal. 1.25.7 Pagination All pages of the Proposal shall be numbered sequentially in Arabic numerals (1, 2, 3, etc.) is required. 1.26 Public Entity Crimes 1.26.1 Legal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 1.26.2 Public Entity Crimes All invitations to proposal as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "E" Public Entity Crimes Statement. 2.0 PROPOSER QUALIFICATIONS 2.1 General Directions Proposer's Qualifications Responses — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown Page 9 of 26 hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Proposers are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Proposal as an attachment with reference by item number as listed in the following sections. 2.2 Proposer's Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Proposer's History 2.3.1 Proposer's Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. Page 10 of 26 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party currently or in the past five (5) years, providing state, case number and disposition for each. 2.3.7 Projects Underway Provide total number and dollar amount of contracts currently in progress by the organization proposing to this RFP. 2.3.8 Five Year Volume of Work List name of projects, type of projects and dollar value of each project for the past five (5) years. 2.3.9 Safety History 2.3.8.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last five years as obtained from your insurance agent. 2.3.8.2 Safety Record Complete the table titled "Safety Record" as show in Attachment "F" Safety Record. Use a percentage of employee's direct hire fixed work hours rounded to nearest 1,000's. 2.4 Fiduciary Responsibility Describe your fiduciary responsibility as a General Contracting Firm for publicly funded projects. 2.5 Organization and Project Personnel Qualifications 2.5.1 Organization 2.5.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Construction Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with names of individuals who will perform those functions in direct support of the Proposer's on -site team, Page 11 of 26 but located in the home office. If individuals are not full time, indicated the estimated percentage of time dedicated to the Project. 2.5.2 Resumes Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2. The resumes of your key personnel shown on the following organization charts shall include professional affiliations such as membership in the American Institute of Constructors. 2.6 Relevant Construction Experience Relevant experience of projects in which Proposer performed General Contracting Firm services as outlined in this RFP are to be listed in the table shown in Attachment "G" Statement of Relevant Construction Experience. Proposers are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "N /A" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this RFP. For each project listed in this table where Proposer self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.7 Narrative of "Best Qualified" Proposer shall provide a brief narrative outlining why the Proposer's organization is the best qualified to perform the services outlined in this RFP. 2.8 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Proposal and note it in your Proposal Table of Contents. 2.9 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.10 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.11 M/WBE Program All Proposers must submit a written and signed statement indicating a willingness to make a good faith effort to utilize minority and women -owned businesses in the construction of the Project. Page 12 of 26 2.12 Subcontractors If a Proposer subcontracts any portion of the Project for any reason, the Proposer must state the name and address of the Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "H" Schedule of Subcontractors. CRA reserves the right to accept or reject any or all proposals wherein a Subcontractor is named, and to make the award to the Proposer, who, in the opinion of CRA, will be in the best interest of and/or most advantageous to CRA. CRA also reserves the right to reject a proposal of any Proposer if the proposal names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The CRA reserves all rights in order to make a determination as to the foregoing. Proposer shall include in their Proposal a statement that if selected to enter into a Construction Phase Contract, that they shall periodically throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the Project. 2.13 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its bid proposal the attached certification, Attachment "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid proposal to be considered non - responsive. 3.0 PRICING AND COSTS 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment "J" Proposal. The scope of the Construction Firm's Work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 1.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. 3.3 Self Perform Identify all work your firm would propose to self - perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firm's current bonding limit and rating. Complete and include Attachment "K" Proposal Bond. Do not include bond costs in your fee or General Conditions. 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. Page 13 of 26 ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Proposal documents, construction plans and specifications may be obtained online at www.boyntonbeachcra.com or from the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. Boynton Beach Community Redevelopment Agency 14 Jones Cottage Commercial Interior Build -out Project ATTACHMENT `B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this General Contracting Services Bid Proposal RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. No. 1 Date No. 2 Date No. 3 Date No. 4 Date Proposer's Signature Title Boynton Beach Community Redevelopment Agency 15 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "C" STATEMENT OF NO RESPONSE If you are not submitting a proposal on this service /commodity, please complete and return this form to: Boynton Beach Community Redevelopment Agency 710 North Federal Highway, Boynton Beach, FL 33435 Vendor /Company Name: Mailing Address: City: State: Zip: Telephone Number: ( ) - Fax Number: ( ) Vendor Signature: Date: WE, the undersigned, have declined to respond to your Proposal for the General Contracting Services Bid Proposal RFP because of the following reasons: Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/ explain below). Insufficient time to respond to the Invitation to Proposal. We do not offer this product or an equivalent. Our product schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. Specifications unclear (explain below). Other (specify /explain below). REMARKS: Boynton Beach Community Redevelopment Agency 16 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 710 North Federal Highway Boynton Beach, FL 33435 Release Date: , 2012 Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL - JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Proposal Received , 2012. Proposals must be received in their entirety by By: the Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for February 23, 2012, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and /or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: ( ) - Fax Number: ( ) - Mailing Address: City: State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) Boynton Beach Community Redevelopment Agency 17 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 18 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "F" SAFETY RECORD 2010 2009 2008 2007 2006 1. Number of Injuries and Illnesses 2. Number of Lost Time Accidents 3. Number of Recordable Cases 4. Number of Fatalities Number of Direct Hire Fixed 5. Hours Worked Signature Title Subscribed and sworn to before me. This day of , 20 My Commission Expires: Boynton Beach Community Redevelopment Agency 19 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "G" STATEMENT OF RELAVANT CONSTRUCTION EXPERIENCE 1. Name of Proposer: _ 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work perfonned by your company: 7. Enclose evidence of possession of required licenses and /or business pennits. * 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). * 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * Yes No 12. Experience in performance: Project $ Value Contact Name Phone # $ $ Boynton Beach Community Redevelopment Agency 20 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "H" SHEDULE OF SUBCONTRACTORS Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Build -out Issuance Date: Proposers Name: Name /Address /Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Boynton Beach Community Redevelopment Agency 21 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "I" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 22 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "J" PROPOSAL Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract Documents. Having studied the documents prepared by: REG Architects and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. (1) Original and four (4) copies of proposal submitted. Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and /or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. Boynton Beach Community Redevelopment Agency 23 Jones Cottage Commercial Interior Build -out Project The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date Name of Proposer, Corporation, Firm or Individual By: Signature Printed /Typed Name Title Telephone Number Florida Contractor's License Number: Boynton Beach Community Redevelopment Agency 24 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "K" PROPOSAL BOND STATE OF ) COUNTY OF ) KNOWN ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach Community Redevelopment Agency in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated , 2010, for: NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. (Proposal Bond Continued) Boynton Beach Community Redevelopment Agency 25 Jones Cottage Commercial Interior Build -out Project IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this day of , 20 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Attorney -in -Fact (Affix Seal) Name of Local Insurance Agency Business Address City and State Boynton Beach Community Redevelopment Agency 26 Jones Cottage Commercial Interior Build -out Project ADDENDUM No. 1 Date: February 10, 2012 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm The CRA is issuing the following revision to the Request for Proposal document: Section 1.11: Number of Copies (page 3 of 26): "In total, one (1) bound original of the Proposal and one (1) unbound but clipped copy of the Proposal are required. In addition, one (1) digital copy of the Proposal in PDF format on CD/DVD or thumb drive is required ". Section 1.25.5: Paper Size and Binders (page 9 of 26): "Proposals must be in 12 -point font on letter size paper. One (1) bound original of the Proposal and one (1) unbound but clipped copy of the Proposal are required to be submitted. In addition, one (1) digital copy of the Proposal in PDF format on CD/DVD or thumb drive is required. The cover of the Proposal must clearly indicate the title of the project as well as the name and return address of the Proposer ". ADDENDUM No. 2 Date: 2 -16-12 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm 1. Are we to assume there is enough to finish and reinstall of the reusing of the old existing t & g wood siding? Response: This is correct 2. Reference E -1.01. Can you provide the lighting fixture type for fixtures G, J and JE. They are shown on the lighting plan but not on the fixture schedule. Response: In review of sheet E -1.01 revise the following lights on the lighting plan. Revise the tags on "J "fixtures to A -Alt. Revise the tags on "JE" fixtures to AE -Alt. Revise the tag "EC" to Exit -2 and EM. Fixture Type Exit -1 and A not used. 3. It shows type A fixtures on the fixture schedule but shows none on the lighting print. Are there any type A fixtures going to be used on this job? Response: Type A fixture not used. 4. Who will be supplying the ceiling fans? If the contractor is, what are the specs on them? Response: Contractor to provide. Basis of Design Hunter 52" exterior all white ceiling fan. 5. Looking at the service riser on E -2.01, it shows an electrical weatherhead being used for the FPL tie in, but at the site there is an existing FPL pad mounted transformer. Furthermore it shows that there is an existing pipe buried underground coming from an existing riser w/ a weatherhead that I am to extend to the meter can and pull new wires through from the meter to the weatherhead. This does not seem right, please advise. Response: Service will be underground. Exterior disconnect and meter cans are in place. Panel LP has already been relocated as part of phase I of the project. 6. Finally it calls for the installation of new conductors from the meter to the 400a disconnect and then onto panel LP. Is this correct or are the conductors already existing? Response: Conductors already installed. 7. The site sign fixtures are on the schedule but not on the drawings. It appears the drawings show two signs and there is one already existing on the site. Are we putting in two new signs or just one? We need to know how many lights are needed. Please advise. Response: There are (3) three type "S "fixtures. Two on the most eastern sign and one on the west sign. See sheet A -0.1 for sign location. Please note the sign onsite is not the final site signage. Each bidder to provide an $1800 allowance for the two site signs. 8. In the middle the electrical lighting drawings, there is a circular fixture with no designation. On the lighting fixture schedule there is one we are unable to locate on the drawings...could these be the same fixture? Also, there is an existing wall sconce on site and there is also one called for on the drawings....is this just redundant? Are all these referring to the same fixture? Response: The circle designation shown on sheet E -1.01, north elevation near the more eastern EX fixture shall be crossed off your plans. Also note, all EX fixtures have been installed as part of phase I (excluding the fixture by the fixed door on the north elevation). Bidders to include furnishing and install one matching EX fixture, next to the fixed door, on the north elevation. 9. Are there any spec's on the waterproof membrane for the flooring. Response: Provide 301b felt over wood floor with 1/2" cement backer board to allow for tile installation. Provide a transition from the tile to wood floors. 10. Will the kitchen floor need to be pitched to the drains? Response: No, not feasible in this application. 11. How many coats of stain and urethane for the wood floor? Response: Base bid to include two include two coats of stain and one coat of Urethane. Contract to provide a unit price for ea. additional coat of Urethane. 12. There is an equipment schedule on sheet A -5.1. Is there specification on the equipment? Is this owner provided or is the GC to provide equipment? Response: To be addressed in Addendum No. 3 13. Sheet A -5.1 show an elevation of a new wood mantle is there a detail for this mantle? Response: Mantle shall be 1" solid heart pine with radius edges with crown molding below. 14. Sheet A -1.2 has a detail of a counter section. What is the Granite Countertop spec for the material? Response: 3/4 "granite countertops with 1 1/2" ends. Contractor to provide necessary supports to secure and balance countertop in position. Contractor so provide owner and architect standard finishes for selection. 15. What is the time frame for this job? Response: May 18, 2012 unless a different negotiated date is agreed upon. 16. What are the liquidated damages? Response: No amount has been determined at this time but would be established during contract negotiations with CRA Board selected Respondent. 17 Is there a mandatory pre -bid meeting? Response: The Pre -Bid Meeting is not mandatory. 18. Sheet A5.2 references "walk -in cooler to be permitted under separate permit ". Is there additional design work that is required? Is the selected contractor to submit for this permit? Response: Each walk -in cooler manufacture has their own product data for their exterior coolers. This shall be submitted by the selected contractor for permitting and included as part of the base bid. 19. There didn't appear to be any "manufacture or specific model information provided regarding the walk -in cooler for cost purposes? Response: To be addressed in Addendum No. 3 20. Questions on the "equipment list" including specific model numbers/ manufacturer and who (owner or contractor) would be providing them for cost purposes. Response: To be addressed in Addendum No. 3 21. The bid set includes original sheets as well as revised pages. Which do we use? Response: Use the most current sheets for your bids. 22. Is the Quarry tile abrasive or non abrasive? Response: Abrasive 23. Are we required to use epoxy grout? Response: No; but, cost should include sealing the grout. 24. The Decorative Metal Rivets called out on Sheet A -5.1 detail 6. Could you provide some clarification on this item? Response: 2" dia. semi - circular stainless steel or anodized aluminum accent pieces surface applied to the wood paneling. 25. The light fixtures in the crawl space are show as fluorescent light bars but are specified as pendants. Please clarify what type of fixtures to install in the crawl space. Response: Standard 2x4 florescent light fixtures. (surface mounted). 26. Please specify what species of wood is required for the doors and frames. Response: Note: Door 102 -2 shall be the insulated aluminum freezer /cooler door. Other wood interior doors shall be stain grade pine. 27. Is fiberglass duct above the ceiling grid acceptable for the air conditioning ducts? Response: In review of note 7 on sheet M -1, the air conditioning supply and return shall be fiberglass, type 800 El. 28. Who is to supply the columns for the awning? Response: Up to the contractor if it is to be furnished and installed by they awning manufacture or some other specialty engineer. 29: Are the patio receptacles shown to be installed to the underside of the awning at apx 6'- 8" AFF? Response: This is correct. Contractor to also provide a clear lockable weatherproof cover. 30. Is it the intention of the drawings that we saw cut the patio to install conduit to the receptacle at the eastern most end of the patio? Response: No, outlet can be relocated to nearest awning column, facing east, at 18" above patio slab. 31. Will cages be required for the condensing units? Response: No, this is not to be included as part of the scope of work. 32. How are we to get electrical to the condensing units? The two existing sleeves are for refrigerant lines. Response: Include in your cost removal of the pavers (as necessary) to install power to the condensing unit location. 33. Can we tie all three exhaust fans into the existing roof penetration rather than make two new penetrations in the roof as is shown? Response: No, Exhaust shall be bid with the additional roof penetrations. 34. It appears that panel LP is already relocated. Please confirm. Response: This is correct. ■ ADDENDUM No. 3 Date: 2 -16-12 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm 1. There is an equipment schedule on sheet A -5.1. Is there specification on the equipment? Is this owner provided or is the GC to provide equipment? Response: Please see attached Cut Sheets. Equipment to be furnished and installed by contractor. 2. There didn't appear to be any "manufacture or specific model information provided regarding the walk -in cooler for cost purposes? Response: Please see attached Cut Sheets. Equipment to be furnished and installed by contractor. 3. Questions on the "equipment list" including specific model numbers/ manufacturer and who (owner or contractor) would be providing them for cost purposes. Response: Please see attached Cut Sheets. Equipment to be furnished and installed by contractor. 4. Bids shall be broken down and submitted using the CSI 16 division format. 6 -i i E - z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NOR -LAKE, INCORPORATED 800- 955 -5253 0 0 0 0 0 0 0 0 0 0 0 0 0 727 Second Street 715- 386 -2323 NORLAKE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P.O. Box 248 866-961-5253 Parts o Hudson, Wisconsin 54016 800- 388 -5253 Service 0 0 0 ✓--, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 715-386-4291 FAX 0 0 0 f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 www norlake corn c o o o fN o c o o 0 0 0 0 0 0 0 0 0 o s 0 CAPSULE PAK REFRIGERATION SYSTEM 0 i i` PROJECT: D } 1 i M '-e 1. y t?! ITEM NUMBER: r ..........„.„,,,,...,..„.„.....,......,., ..- , ., ,F E i MODEL NUMBER: ,1 L ._..- , _. M STANDARD FEATURES OPTIONAL FEATURES 7:1 • Available for coolers or freezers • Condensing unit air 0 • Indoor or outdoor models deflector kit m ni • Three temperatures +35 °F, • Heater kit for outdoor use -10 °F -20 °F in below 32 °F ambient • Ceiling or wall mount • Three phase electrical • Air cooled condensing unit • Remote Capsule PakTM Q • Automatic condensate vaporizer. refrigeration system Z No drain lines required on indoor • Electric condensate 0) units vaporizer 0 < • Time clock provided for automatic • Five year compressor defrost on both coolers and warranty -I freezers m • Registered by UL to ISO Standard equipment for Nor -Lake 90012008 Kold LockerTM Walk -Ins • UL and C -UL electrical listing on complete Capsule PakTM refrigeration systems , • -20 °F ambient controls (outdoor `,,� ,; E R V. models) Nor -Lake, Inc. • 18 month labor /service warranty Registered to I80 9001:2008 File No. 10001816 -- . *Most options are available two weeks from receipt of order. Please contact us for specific questions. SPECIFICATION (N I 1 nc it y l.�s + , r ji' r. k r ''' r r. 4 "ir -'. ; •'. ?C i1 . -re ° r - , 'icy , - d '.,' s- '\ r")...".• ,47a.• ' S �-' i',' F r r f J t r S 2 9 x a ,' . • r', h et',, } l .' . '1 ( . t -ay 1 # ` (• . , F t , r ;?' i 46 1�„w ` e3 y� A s ,,, � n 4„ , x Y f 7 . i t }:.'11 i '7,"1 a " i + ..,: ' Qxs j • :, r r - , s:'r "r?••1 b,.1.l .f� A x Y i d e S+ff - . . 1_ « : : ,'i » f,! .. 2 314 �-- . c i cl o v' c 831` 1 • F --4 -- ;I Door Opening Size 1 ., ; , i :1H,.• + 1 1 1,iE 1 i W a Model , ; i ; I , , t FIr i t 1:; I i 1 __ =? E = 26" 59" 45 Series 1 I y ' 1 i t xY Exterior =E E = -_= CI Walk In Height L —D L -F-_. " 26" 66" STD Series 1 it [L.' =, l - ; I 26" 78° 74 Series 26" 78" 77 Series ,1 i n1�1i t it t 1 e{ ■ it r i I t.' -1 i i : t.1 I r .. 1' 1 -1111 • . E ')1I , ,' - Side View Front View fnv . , �,, 1 i r 1 ? i 5 - it . 1,; I f'' l I -Ii, , i . 1 -1 711.�{I a l I .1 a �L,C y� gg 71 1 1 ., -1 ■ 1 ,_ 7o) * > " Llc . �I 15 p 1 1 I I . till 11 ?ner�k1 t1`r 1R icf' any t ' s • „_ 11 t uT )'% a - t i jr, { 1- YX5J :1 ', , �, Caps -PakT" Refrigeration Systems "G" DIMENSION* ! ' 1 .' 4 .4 7:15 ('' ;' '', 22 -7/8" N/A N/A N/A N/A N/A N/A NIA 59 -1/59' 21 -1/4" N/A NIA N/A NIA N/A N/A N/A CPB100DC -A 34 - t, w �p „rr �� � {i J . f'r YL �.d.7 i xY . .,,; 1,( J t:, r 1� ir1 lr , � • . ' tt -3 ri f4 1. j .� -} / j g ofe ; : 4,0 r M odel Numher g :C: LL. HZ Zi 1.= 1 + 11'yaj: ` I;I Ilii c }4a •'o y'a I.,Gjla lall,^i 4I I 1,1,ttIi‘ Y CPB050CC -A 29" 44 -1/7' 14 -1/2" WA WA N/A N/A N/A N/A N/A i t 1 1 1 1 :;•••• + i I co ;-tcT.�]e j1 ; n 1f �3F 1{Noli�x CPB075DC -A 37" 48 -1/4" 14 -1/2" NIA N/A N/A N/A N/A N/A N/A f� in 7d tt r i1 , o l o / ''"t , , 1/2" ' -4" r t 71 3- � : r � [iJ �i� ' , CPF060DC -A 39" 44 -1/259" 211 14 - N/A N/A N/A N/A N/A N/A N/A .. > . Y 1 1'. 7, e1 f YT e � ipJ t ".4 *� ,` ,�� �`, r ( J l f - r � � � i 7)C :r1l10� CPF075DC A 39" 4 -1/4" 14 -1/2 WA N/A N/A N/A N/A N/A PUA ,c4 : y : {' r ,,. -'+- Y- l �, CPFIODDC -A 38 -1/2" 59' 21 -1/4" N/A N/A N/A N/A N/A N/A N/A U[' 1 o r t ...F4 .L...... 1 . , c 5 ,,,.. CPF150DC -A 36 -1/2" 59' - N/A ,. 1; It �1 ' S`n 1 1t? 1 T S a �fx., :fr. CPFI51DCA 361/2 59" 21 -1 /4 21114 " NIA W N/A N/A N/A N/A N/A N/A A N/A N/A N/A N/A N/A I ' alt 11 1RS a F��. o �o� j,',, , ` ,b y _ y ' . - lto39 ; CPX100DC - A 39" 48 -1/4" 14 -1/2" N/A N/A N/A NIA N/A N/A N/A +i�,. < r f x ,, 4 , 1 - -- ;r 't�yt 1° • CPX150DC -A 36 -1/2" 59" 21 -1/4" N/A N/A N/A N/A N/A N/A N/A "',',..:19,,s. 9 i 1 Hf'11C, X {If 'iix A.,,:.,--' i fiF 4 r ,�i`ll� ,- - ; L L �I # •'u,l"' �. : ; ' r a - ,' * V " % . 1.4" 5 �� ..1 , , � +1 CPF200DC -A 36 -1/ CPX1510C -A 36 -1/7' S9" 21 -1/4" N/A N/A N/A N/A N/A N/A N/A r d "} 2" N/A N/A NIA N/A N/A N/A WA i, : +i ? y � . * ° - n • • i� r` r j: . "-w a CPB050DCO -A 37' 44 -1/7' 14 -7/8" N/A N/A N/A N/A WA N/A N/A il li 1l('l ' 1 7 . 1 =x i6.tr<ri.. z k ?��'�,�i ,- rG 11 ,R • CP6075DCO A 43" 48-1/C 14 -7/8" NIA N/A NIA N/A N/A N/A N/A t ( i I Q}a i },I 11i t+ 1 J��o( ) 7 : (,i i `r 1{ b4 CPBi00DCO -A 40 -1/2" 59 -1/7' 22 -7/8" N/A N/A N/A N/A N/A N/A N/A 'x Y It' � ,r 4 '1R�, ,'"::� f ° I 4 IY .2., t'1Sl'iri ii l f j t'e � j ) CPF060DCO -A 43" 44 -117' 15 -7/8" NIA N/A N/A N/A N/A N/A N/A 1 Y } x t,, 1 - 1 t CPF07 - 43 " 48 -1/4" 15 718' N/A NIA WA N/A N/A N/A WA 7 ii r '1 { 4 i 1 �;1- -k � � t � A 4i° +' ' 9k JlF1' 1, $ H c CPF100DC0 -A 40 -112" 59 -112" 22 -7 /8" N/A N/A N/A N/A N/A N/A NIA ti'+r 1 t I ( 'l + t 1 ° ti�1.,iflf if9 II(� r`�1(I, f j1,, -). CPF150DCO -A 40 -1/2" 59 -1/2" 22 -7/8" N/A NIA N/A N/A N/A N/A N/A ir'x j Slr ' ! , �i ' i + �; t 9 at , ,,. )r1" r I 1 1, >t) CPF151DCO -A 40 -1/2" 2" i + 1 1 1, r 1 I (. 1 ,N I` /i1 ' 11 ri I ce] X," CPF200DCOA 40112" 59-1/T 22 -718" N/A N/A N/A N/A N/A N/A N/A r " q t {l ; 4' ',' s !q•si f r � "� CPB050DW WA N/A N/A 25 -1/4" 38 -1 /4' 22 -1/4" 27 -3/8' 34 3/8" 43" 46 3/8" 4i. s + f t t � 4 ai + $ Y;w4., Mfg i • L . y x� x ,,,4n,>�c 7� H t 3 , s % i CPB075DW N/A N/A N/A 441/8" 45" 30" NIA 27- 518" 36 -114" 39 -5/8" i t 1, ' .. ' t�. � tc;.''� `- CPF060DW N/A N/A N/A 25.1/4" 38 - 1/4' 22 -1/4" 27 -3/8' 34 -3 /8" 43" 46-3/8" . r fF 414 ! { o r .1 z 1 V t 1(t - u CO' T r) 1 i I � ,+ { co o k d I , `� CPF075DW WA N/A N/A 25-1/C 38 -1/4" 22 -1/4" N/A 34 -3 /B' 43" 46 -3/8" t� CPF100DW N/A N/A N/A 44 -1/8' 45" 30" N/A 27 -5/8" 36 -1/4' 39 -5/8" ' 1 n �I i t '� )-f ;t, � . �4 flY .,t- 1,j, � jt CPF150DW N/A N/A N/A 44-1/8' 45" 30" N/A 27 -5/8" 36.1/4' 39 -5/8' 4 r )f r " *` n si • ti ,,01, 4 i • 1 ° f-S-i pw ; t ` ;(' CPX100DW N/A N/A N/A 25-1/4" 38 -1/4" 22 -1/4" WA 34 -3/8" 43" 46-3/8" Yt.«, =4 ;;. ( fix* I �i> CPX150DW N/A N/A N/A 441/6" 45" 30' N/A 27- 518" 36 -1 /4" 39 -58' �= � 1 1 ( r"o ! � 5k %-'4,, � "° 2� Q v y ya '; CPX151 DW NIA WA N/A 441/8" 45" 30' N/A 27 -5J8" 36 -114" 39 -518" , � 1 � J � �e��+ ` �r � CPBOSODWO N/A NIA N/A 251/4" 4T 22 -314" 27 -316' 34 -3 /8" 43" 46-3/8" 4 f F k : ` + ? F � °~� �. . i � CPB075DWO N/A WA N/A 44 -1/8' 48 -3/4" 30 -1/2" N/A 27 -518" 36 -1/4" 39 -5/6' ' t r �� t r'•, ln[ j ✓C o " � ' . °(4 ; CPFDBDDWO N/A N/A N/A 25 -1/4' 42" 22 -3/4" 27 -3/8" 34 -3/8" 43" 48 -3/6" f. 'z t'6 5 t rr f Ia n �jl t - r:f 1J ) i u(` 6' i ''1 p,'. � .. 'ii ' C PF075OW0 N/A N/A N/A 25114' 42" 22 -3/4" N/A 34 -3/8" 43" 46 318" ." i 1 4 " i (. � ,�, .�`#�, CPF100DW0 N/A WA N/A 44 -1/8" 48 -3/4" 30 -1/2" N/A 27 -5/8" 36 -1/4" 39 -518" j,'j<j { � iii,,'- ` F i G' r oll t sli �y'G CPF150DWO N/A N/A N/A 44-1/8" 48-3/4" 30 -1/2' N/A 27 -5/8' 36 -1/4" 39 -5/8" t1 I° (x } . c',eFru'It t =;r 3 CPF151DWO N/A N/A N/A 44-1/8" 48 -3/4" 3 -1/2" N/A 27 -5/8' 36 -1/4" 39 -5/8" r k <. * *1' � , a �' 3 ..�y ", Yy Consideration must be given to accessibility for service &free condenser air flow. . T'', ,t--_-" • ' e .'. Yaic -, Consult Factory ''.;: ' v, 7s , x+,r �� j' r ' fREn k. ' � v , Subject to change without notice a } s * f� I • EXlerior Walk -In Height 5�t + [�� n 1 : : y`v !+F " ,,;;;i a t 1 " 7 ”C" p ''f.0 L ,-4.1.:. . r I : it1 - ■ "` i�� .a - 1,. s x V ' ,1 7 ' �� fi ......L= -� - r. - `_� . .t J ?DTs 1.. Y , Atki .a..y-., t . T x t JJ , 1p 1 ;fit r1.; - `7 Capsule -PakTM' Refrigeration Systems ';I0)) k + Defrost /sac ylinimum Maximum f Model Number Horsepower yoltslHzlPh AMPS Systems- Circuit Fuse R 704. ;1 .11Z i,i 1 1 ):1 ri! i r'.. ; AMPS AMES. Size 1 -J 4ai1d �}r It.. IiX ` , CPB050DC -A 5/8 115/60/1 N/A 14.3 16.1 20 R-404A y}�: ' r . 1 y CPB075DC -A 7/8 208- 230/60 /1 N/A 8.6 9.3 15 R-404A `+� 1 - iN i., )-:; 711 �I 1! S., y1� };- t F. �'t �t / Y�� 1t1 13 Itr, :tr t +# nil (� ,' CPB100DC -A 1 208.230160 N/A 12.0 14.4 20 R - 404A 4 � CPF060DC -A 5/8 208- 230/60/1 6.95 7-7 92 15 R - 404A I %o3e� Ills li f in7 (in1 + C �� �1 CPF075DC -A" 3/4 208 - 230/80/1 14.9 8.4 14.9 15 R -404A .4 i�� ' 1 1t . .10 . tl1 A�'1,1 CPF100DC -A 1 208 - 230/60/1 8.9 8.3 102 15 R -404A +� it 11 If j1( laal T; 1 111) l it : CPF150DC -A 1 -1/2 208- 230/60/1 12.8 12.0 13.9 20 R404A ti?l}" " < e k ` r rl CPF151 DC -A HD 1.1/2 208 - 230/60/1 1022 11.6 13.4 20 R -404A , j * • ,,..;,,„...,,,:.-2., . • CPF200DC -A 2 208- 230/60/1 11.4 15.7 17.7 20 R-404A .y`1- y (1Y• CPX100DC -A" 1 208- 230/60/1 13.5 8.3 13.5 15 R -404A ' r CPX150DC -A• HD 1 -1/2 208 - 230/60/1 9.2 11.4 15.2 20 R -404A t- • • CPX151DC -A* HD 1 -1/2 230/60/1 12.9 15.3 19.7 25 R-404A f . CPB050DCO -A 518 115/60/1 N/A 14.7 18.0 25 R -404A CPB075DCO -A 7/8 208 - 230/60/1 N/A 8.3 10.3 15 R -404A f 1- CPB100DCO -A 1 208 - 230/80/1 N/A 10.8 13.3 20 R -404A + ii ® . i a' IFi • CPF060DCO -A•' 5/8 208 - 230/60/1 13.6 7.6 13.6 15 R -404A a.. CPF075DCO -A'• 3/4 208. 230/60/1 14.6 8.6 14.6 15 R -404A CPF100DCO -A 1 208-230/60/1 8.9 7.0 10.1 15 R-404A =i i CPF150DCO -A HD 1 -1/2 208 - 230/60/1 10.7 9.8 12.0 15 R-404A " 1 t ti CPF151 bCO-A HD 1 -1/2 230/60/1 8.45 11 13.95 25 R-404A " 1 . 1 1 t CPF200DCO -A 2 208 - 230/60/1 10.3 14.2 16.4 20 R-404A f .. ;� CPB050DW 1/2 115/60/1 N/A 12.2 14.4 20 R-404A ; , y h ,_,:;1- CPB075DW 3/4 208- 230/60/1 N/A 8.4 9.7 15 R-404A r CPF060DW ' 5/8 208- 230/60/1 8.34 6.2 8.34 15 R-404A CPF075DW ' 3/4 206 - 230!60/1 9.9 7.9 9.9 15 R-404A CPF1000W 1 208 - 230/60/1 7.1 8.1 9.7 15 R 404A CPF150DW HD 1 -1/2 208- 230/60/1 7.1 11.2 14.2 20 R -404A n CPX100DW * 1 206 - 230/60/1 8.3 8.7 9.3 15 R -404A � � CPX150DW HD 1 -1/2 208- 230/60/1 7.1 11.4 14.9 20 R-404A ,,..,.....,„3-t i� 4 mu CPX151 DW ND 1 -112 230/60/1 7.1 15.3 19.5 25 R-404A 1 g r � ! t , -, i CPB050DWO 1/2 115/60/1 N/A 12.4 14.7 20 R 404 r ct r t1 < f N f . F CPB075DWO 3/4 208 - 230/6011 N/A 8.8 10.6 15 R-404A 'rS t ' 4 ' + r a f . 1 i i1� Ifr�ll, � i �t t: IipilliI l i ' , t t p i �,! * pq.. l , : CPF060DWO•• 518 208-230/60/1 9.6 7.0 9.6 15 R 404A r1S c y CPF075DWO'• 3/4 208 - 230/60/1 9.9 7.0 9.9 15 R-404A + ? y ;0A ?f jf X7 1 Z ':; a 1. :i! 4x;%�1 P p, CPF1000WO 1 208- 230/60/1 7.5 8.5 10.1 15 R -404A L; fi� , �it jrftka 1 1,l: , f if 4$1 1 ,..P4o CPF150DWO 140 1 -112 208230/60/1 7.5 11.5 14.8 20 R -404A a 'Y`fY !: S c J �� "� S_ s WO HD 1 -1/2 230/60/1 7.5 11.4 14.4 20 R-404A + '' 1 ' 1 ��'� -� .,;' �i+ ' (1 I A J � S - CPF151D .. :,; 1 , ' -4 a t. 111 r�tl T r ff...x 7r, 4 0 i, a rVi, F 1 1f ±4. n h ,- g x ' 00 b�k" a Fi: a0i6 t NOTE.. Hot gas defrost 1 H t. 1a # «g ; � ;I I ds + These systems have 115 volt fen motors and/or drain line heaters which wtl require 115/208- 230/60/1, AC 4 wire service Gihiarr In rho nna wifhn=it nnlira �. sr:= _ _ ;^ t � �� D � m * i» �4 „`4,, ' Wt ` �'�'�`� °�`Y 1° R !t , a °' � 4 • r , v ` a S b s Y / td w � ' r {� > 11{1 --. t v 1, i D W d �� F > fa }l r It , 4 t 1 1 `^;.;i., �, .� -..� ri�.nw%uu . , � . . ..,,_ .. - ,.. -. a.- :��s,t :.,. r- . ...:.: :. vY..,er1 .c: -- itX,F"s- n c_w'i 0 0. • 0 yy 0 i7i s ' 111.11111.M.=.111111111 1 These systems include ambient con - ;« trols, weather -proof hoods, precharged systems with quick connects for simple field connections to precharged lines of your choice. Consult factory for applica- , tion, pricing and ship date availability. %Pik A P I IIIIP' Remote Capsule -PakTM Refrigeration Systems h CEILING MOUNT SYSTEMS ode! Refris hit. Idaz p M SEE. QF.p11109. Mal= rank fun VoItaue Defrost Fvae Circuit fuse limn= limn 1e AMf AMPg SiSC Alan A11191 Amps 5110 RCPB050DC-A R404 SMALL 115/60/1 13.5 16.7 25 115/6011 N/A 1 5 15 RCPB075DC -A R404 MEDIUM 208 - 230/60/1 8.2 9.1 16 230/60/1 N/A 1.1 13 15 RCPB10000-A R404 LARGE 208 - 230/60/1 9.8 122 20 230160/1 WA 1 1.3 15 RCPFO80DC -A R404 MEDIUM 208 - 230/60/1 5.5 7.5 16 116/8011 '3.2 2.1 13.2 15 RCPF0750C -A R404 MEDIUM 208 - 230/60 /1 9'"' 8. 7 15 1156011 14.6 2.2 14.6 15 RCPF1000C-A R404 LARGE 208. 230/60/1 5.8 8.9 15 230/60/1 8.9 12 8.9 15 RCPF150DGA R404 LARGE 208-230/60/1 87 109 15 230150/1 10.7 1.1 10.7 15 WALL MOUNT SYSTEMS RCP10500W R404 SMALL 11516011 10.8 131 20 115/80(1 N/A 1.85 2 15 RCP80750W R404 LARGE 208 - 23080/1 A 8.9 15 2308011 WA 1 1.3 15 RCPF060DW R404 SMALL 208 - 230/60/1 1 6.6 15 115/80'1 9.6 1.7 9.6 15 RCPF075DW R404 SMALL 208. 230160/1 .6 6.8 15 11580/1 9.6 1.4 9.8 15 RCPF1000W R404 LARGE 208 - 230t80/1 7.4 8. 9 15 230/60/1 7.1 1.1 7.1 16 RCPF1500W R404 LARGE 208 - 23080/1 105 13.4 20 230/801 7.1 1 7.1 15 Electric Condensate Vaporizer Exclusive to Nor -Lake is the Electric Condensate Vaporizer for Remote Capsule Pak TM Systems. This UL and C -UL approved product requires no drain lines on indoor applications, which makes installation fast and easy and allows equipment to be operational in a shorter time frame. NOR -LAKE, INCORPORATED '- 727 Second St. Hudson, W 54016 800 - 966 NOfLA� -6263 I V 715 - 388 -2323 800-981-5253 PARTS o 800- 388.5253 SERVICE ./ S � �7 0 1 . �oO P 20ed NOR INC. 715- 386 -4291 FAX Ma Standex Registered to ISO 9001:2008 Pad Number. 132724 www.nodake.com Food Sonic. E40ipnrm Group File No. 100C1816 Revialon Date. 3/10 MIAMI- MIAMI -DADE COUNTY COMP PRODUCT CONTROL SECTION BUILDING AND NEIGHBORHOOD COMPLIANCE DEPARTMENT (BNC) 11805 SW 26 Street, Room 208 BOARD AND CODE ADMINISTRATION DIVISION Miami, Florida 33175 -2474 T (786) 315 -2590 F (786) 315 -2599 NOTICE OF ACCEPTANCE (NOA) Eazialasideleanikalldise Nor-Lake, Incorporated 727 Second Street, PO Box 248 Hudson, WI 54016 SCOPE: This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed and accepted by Miami -Dade County BNC- Product Control Section to be used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ). This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Section (In Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will incur the expense of such besting and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BNC reserves the right to revoke this acceptance, if it is determined by Miami -Dade County Product Control Section that this product or material fails to meet the requirements of' the applicable building code. This product is approved as described herein, and has been designed to comply with the High Velocity Hurricane Zone of the Florida Building Code. DESCRIPTION: Walk-In Coolers and Freezers APPROVAL DOCUMENT: Drawing No. 1 1- NOR -02, titled " Walk -In Cooler /Freezer ", sheets 1 through 5 of 5, prepared by Knezevich Consulting, LLC, dated March 21, 2011, signed and sealed by J. W. Knezevich, P.E., on April 20,2011, bearing the Miami -Dade County Product Control Revision stamp with the Notice of Acceptance number and the expiration date by the Miami -Dade County Product Control Section. MISSILE IMPACT RATING: Large and Small Missile Impact Resistant LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and the following statement: "Miami -Dade County Product Control Approved ", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and /or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NOA number preceded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its entirety. INSPPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of the Building Official. This NOA revises & renews NOA # 08- 0602.11 and consists of this page 1, evidence submitted pages E -1, E -2, E -3 & E-4 as well as approval document mentioned above. The submitted documentation was reviewed by Helmy A. Mahar,, P.EE., M.S. on NOA D No. 11-0425.02 Expiration Date: 02/10/2012 Approval Date: 06/16/2011 06/4 /201) Page l Nor -Lake. Incorooratcd NOTICE OF ACCEPTANCE: EVIDENCE SUBMITTED 1. EVIDENCE SUBMITTED UNDER PREVIOUS APPROVAL # 00- 1212.01 A. DRAWINGS 1. Drawing No. 00 -094, titled "Walk-in Cooler/Freezer", prepared by Knezevich & Associates, Inc., dated December 7, 2000, last revision #3 dated April 19, 2001, sheets 1 through 5 of 5, signed and sealed by V. J Knezevich, P.E. B. TESTS 1. Test report on 24 Hour Live Load Test, Large Missile Impact Test, Cyclic Load Test and Uniform Static air Pressure Test, Axial Load Test, and Racking load Test on Metal Sheathed Urethane Foam Filled Modular Panel Walk-in Coolers / Freezers, prepared by Construction Testing Corporation, Report No. 00 -027, dated November 6, 2000, signed and sealed by Yamil Kuri, P.E. C. CALCULATIONS I. Calculation titled "Walk -in Cooler / Freezer", dated 12/07/2000, pages 1 through 27 of 27, prepared by Knezevich & Associates, Inc., signed and sealed by V. J Knezevich, P.E. 2. Calculation titled "Walk-in Cooler / Freezer", dated 03/13/2001, 3 pages, prepared by Knezevich & Associates, Inc., signed and sealed by V. J. Knezevich, P.E. D. MATERIAL CERTIFICATIONS 1. Mill Certified Test Report issued by Thyssen Krupp Stahl, dated 11/01/2000, with the Chemical analysis and Mechanical Properties for 27 gauge Steel conforming to ASTMA -875. 2. Mill Certified Test Report issued by Viking Materials, Inc., dated 03/21/2000, with the Chemical composition and Mechanical Properties for 26 gauge Steel Regular Spangle. 3. Mill Certified Test Report issued by Scottsboro, dated 01/04/00, with the Chemical composition and Mechanical Properties for 0.032" thick 3003 -H14 Aluminum Alloy. 4. Tensile Test Report No. CTL #1106F, prepared by Certified Testing Laboratories, dated 11/08/2000, signed and sealed by Ramesh Patel, P. E. 5. Tensile Test Report No. CTL #1107F, prepared by Certified Testing Laboratories, dated 11/08/2000, signed and sealed by Ramesh Patel, P.E. 6. Report #R8058, by UL, dated 07/25/97, for Flame Spread Index and Smoke Developed Index. 7. Report #R8058, by UL, dated 03/03/98, for Flame Spread Index and Smoke Developed Index. 1i /• lmy A. Maker, P.E., M.S. BNC, Product Control Unit Supervisor NOA No. 11- 0425.02 Expiration Date: 05/10/2012 Approval Date: 06/16/2011 E -1 Nor -Lake. incorporated NOTICE OF ACCEPTANCE: EVIDENCE SUBMITTED 2. EVIDENCE SUBMITTED UNDER PREVIOUS APPROVAL #02- 0826.04 A. DRAWINGS I. Drawing No. 00 -094, titled " Walk -In Cooler /Freezer ", sheets 1 through 5 of 5, prepared by Knezevich & Associates, Inc., dated December 07, 2000, last revision #4 dated July 10, 2002 signed and sealed by V. .1 Knezevich, P.E. B. TESTS 1, None. C. CALCULATIONS 1. Design Calculations and structural analysis, prepared by Knezevich & Associates, Inc., pages 1 through 5 of 5, dated August 09, 2002, signed and sealed by V J Knezevich, P.E. D. MATERIAL CERTIFICATIONS 1. None. E. STATEMENTS 1, Statement letter of conformance, dated August 09, 2002, prepared by Knezevlch & Associates, Inc., signed and sealed by V. J Knezevich, P.E. 3. EVIDENCE SUBMITTED UNDER PREVIOUS APPROVAL # 05- 0926.07 A. DRAWINGS 1. Drawing No. 05 -387, titled " Walk-In Cooler /Freezer ", sheets 1 through 5 of 5, prepared by Thornton - Tomasetti Group, dated September 22, 2005, last revision 111 dated September 22, 2005, signed and sealed by J. W. Knezevich, P. E. B. TESTS 1. None C. CALCULATIONS 1 Design Calculations and structural analysis, prepared by Thornton- Tomasetti group, pages 1 through 13 of 13, dated September 22, 2005, signed and sealed by John W Knezevich, P.E. D. QUALITY ASSURANCE 1. By Miami -Dade County Building Code Compliance Office. E. MATERIAL CERTIFICATIONS 1, None. 1 _ • L 1 .d._ Helmy A. Maker, P.E., M.S. BNC, Product Control Unit Supervisor NOA No. 11- 0425.02 Expiration Date: 05/10/2012 Approval Date: 06/16/2011 E -2 Nor -Lake. Incorporated NOTICE OF ACCEPTANCE: EVIDENCE SUBMITTED 4. EVIDENCE SUBMITTED UNDER PREVIOUS APPROVAL #06 -0125.02 A. DRAWINGS 1. None. B. TESTS 1. None. C. CALCULATIONS 1. None. D. QUALITY ASSURANCE 1. By Miami -Dade County Building Code Compliance Office. E. MATERIAL CERTIFICATIONS 1. None. 5. EVIDENCE SUBMITTED UNDER PREVIOUS APPROVAL #08- 0602.11 A. DRAWINGS 1. Drawing No. 08 -107, titled " Walk-In Cooler /Freezer ", sheets 1 through 5 of 5, prepared by Knezevich Consulting, LLC, dated May 12, 2008, signed and sealed by J. W. Knezevich, P. &, on May 12, 2008. B. TESTS 1. None. C. CALCULATIONS 1. None. D. QUALITY ASSURANCE 1. By Miami -Dade County Building Code Compliance Office. E. MATERIAL CERTIFICATIONS 1. None. Helmy A. Makar, P.E., M.S. BNC, Product Control Unit Supervisor NOA No. 11 -0425.02 Expiration Date: 05/10/2012 Approval Date: 06/16/2011 E -3 Nor -Lake. Incorporated NOTICE 01? ACCEPTANCE: EVIDENCE SUBMITTED 6. NEW EVIDENCE SUBMITTED A. DRAWINGS 1 Drawing No. 11- NOR -02, titled " Walk -In Cooler /Freezer ", sheets 1 through 5 of 5, prepared by Knezevich Consulting, LLC, dated March 21, 2011, signed and sealed by J W Knerevich, P.E., on April 20, 2011. B. TESTS 1. None. C. CALCULATIONS 1. None. D. QUALITY ASSURANCE 1. By Miami -Dade County Building and Neighborhood Compliance department. E. MATERIAL CERTIFICATIONS 1 None. 1410- elm y A. Maker P.E. M.S. BNC, Product Control Unit Supervisor NOA No. 11- 0425.02 Expiration Date: 05/10/2012 Approval Date: 06/16/2011 E -4 . . • . 411INNAL NOM MINIFIRtIn zo 1 t :;_ 4.t.''i"44,..•..411, Ai. , 44 ','■-ie;"cr ., k MP, 11,03r z-- IrSOill ons. (ECORICA) C.) i H ,• ":1 - ';IVe..; .'' • 1. :. '. r' a '''-: -.!?- '.'erl )1" i.1.)*AV'''1 9 ' ' ‘ m"E ' t Cr. ,..t....`'''; - 4.>Le::i2c.':'...efk 51.7, if I) iu- 1 - 2. Erei Argyrawrifirmagewnwamst SPICW/O DESIGN WU tu't 1AOT & CIENGN !MOS. ; r I VARIES UP TC 411 J M : li 11 t MD: E DAD. ORM ipt r.A. ................r \ 17 som r - 141 W 1 Z 51:I i 8,3 tigieriNTIGHT Of HEOLANIOR EQUIR*WT I5 330 CDS. PER 03N DOWSING WIT, SPACE UM AT LEAST 1‘17' Rffiletrnar X : ail 3.1 PCT LWOW I MIME , " -4.- 4-----44" MIA. O./02 AAIRDAPI Serromm) v. P. 1. 102LisnaL (room) MI .kg • E; tracc: ;fig RI BR; .1_13trintONgai. :''.," IC MR *r Nut SIRS r'ra MC r . ..... ilm . 1 t r ; ir 1.• I IT. ; ri ___„....... SOOP PURL 2 -NIL MAWR 14 ' 7 : ' ' ,.. 6.::"Zk f ti' 2 ,ka l" . 0 4 : N t147 tyti..1 .:'■*, ':* ' 0 KM, 1°. LW '4 • • a n ,.,tear i I .., 4. 04..PEMENASEEIRRIO ND DO NOT INOUYE INFORNATtoti FOR SITE SPECIFIC APPUOLTION Of C.,, ;;1. . ...r . ,,I.,,, , ,4,...;, 2 7,,;..7 - : 6 . , . ) .. ol PIMP 5. 1.1 .... 1700 TEM . o` 511 TIT . I, :.', ', fklar ',. ,, -1. •;04-m§fg f-LT I umm ir To 4r 11 PARA (TIE NATION) 4 it...140130XE W .4 '';NR P MRATTerf . • ' ..5:' - e-e-,P. AT TO ME 't ZatrALLrott 1 . our, cum* town r-Lo or V:y SC41: r - II,E. f r 1 .1 A) KMA ISI TW5E 2.1 PCP MOWS VONA CORI ....1. • • • / 5) WRIFY ME FOINIATION DESIGN IS ADEQUATE TO RESIST THE FOUNTAINS LOADS IDENTIFED IN TAKE 1. C , q 11 MET M E 0007114 BUILDING TS ADEQUATE TO MIST THE SU PSIMPOSED LOAD S MENTES ) IA TA5411. [ TAR T D IES m inTatntga l edeta I N E A Ici P t iVANE F AI DD" L-1 WAIDI IR 10 41r I 'CA WAR. VARA 2 • PITE4 CLEAR Nuoireas ye , \:.7 IC.LE: P. 7. AW A PO G B DOWNENTS COND EM N/ITN WIER =5-23 Of THE FLORIDA ADMINISTRATNE CODE. 3 . As INK MIMS) 1 11:01FIcnovs R Amo& i o wsi APPRONAL XI DENTS NI VOID M PAOYAL O DCUMENTS. 2.1 PCP LAMM RIM CORE °. Marielli??MiSAKTRATAMPERENZANWEVASEREZ , 41 .11.7,1. ME ARNO . ? ...., ,,4 ,... D) :,,...r.,,,, / • ..... . ... a,e,,,,EvAn...wei lateuerarosam / .... ':: i a. r., elOTTOP '''' weimpliaxlit do 14:01- ..-':''''':` - .-' -::, ; • "'L'''''- - ;Jr' . ..?* ...■:` ,.■ Ample. he 4 . D - Mat 9. wow smoia E mEr v sna, ier owsn akusimo i 4.141r, E. INNEN MIES UP TSI 4I. I i • aff' Ci11111 1� gefrOUTE PECIFIB) ON 1NE KAMM beftP4GNT UNIGTHS NOTED ON TN! MOMS 1 : Cb ru rr P" ..1 'LA. .to... • ,.... T. rAIONIII ii ErgiA IN CONTACT WIIN EACH OTHER SHUR IRCHECTED DI /CCOROVICE WITH ME IGC CRAMS 20, 1. 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PRODUCTRIM/6612 V./WAL21-1/2 1 1 trowwlylftwithOwflarLLIA Ituldlegesa AwapixaceNe 0 2 a/ , , 7 , 1-- 4, " I .: AIL 14 '2" EAR CONNECTION 7;-11/!TAIL 14 " r EAR CONNECTION tn 1 '. 01/21/2011 UN NTS (21601202) '. " . KY 262.5 WIL0400) ME S • 1 • P .... 11-NOR-02 Ant 3of — W ~ • r I I ; : 7IYN wIOOIdIR 1 " rNO•a6mT 'f W e i7: - - 100016 - ,�.. . WSW HMI �; 1 1- �� j w ... i', g '. � MR i r 1 ,. R�fl'ATlOM (IISNMON) CHAT ) ,, loan u 6 6601-11 0 0 0 0 ENTRANCE "" •••1• r ° r/HR WHIMS SO SOOR MrTio 015‘01.111 DNA Unlpl1f470ORlIRR eOYB alliMO�— fr�Nlm to MiY 000EfDTO MPS* Ars 111061H 00006Wirer O 60,66■0 Mt IN 1 /r NAX06 11 0 OR OEROI? )6IL iirs 66)631 IMVM 11R Yron01MrG T106 WP10RWA2041ER 0160101 rim vol OR Vf20R 666)0600 4i 60) 6H' ON 06 1V/30" . iO' O60060IM3 TYPE WPIOR W020RHDfS ins 0V100 W02 OR M(41NKH \ Zatragingrw , -. I 1N01IM • r MILD 10.1)0 EORW ter; •�� r6� rii fr� •II. G ILTS. MST 610 1'1611- °• •�' mit WI WNW* 1 p U 'I III,., OEIp( 17, .. III _ 1 w' IIIIIII O. ♦ST6[ IQ0016 MP L ROIR1WO RUTS 311111111 0(0 000 6 .,• ■I0_ f 06 INSIDE RUM ALC \. ` 1 HARM I , 1 / SHOULDER WASHER /ial 1�p61 r r - •. . 11110" ,1.315$ ., ;; .. .. � .. �/ 1, , MSOE RELEASE ( ==8. ®N'. 'i, O legafi � MTS. / rEra.;�t411.1 11- NOR-02 IIEMELMI a .— =,...--,•=1 EARN X Z 1 it it ��II IuE =WO r i i —"°° 1271te N W mi M I Litail limi . .. I. WI Mr � I 7 O r ,„ WEIWIMIIIIIMMNIM LW W. l'Ir t� MGf1fa ��� -- IFfM711/1 p LHOI MN i p 1 Ar 1 ®CAN LOC DETAIL (KOOK (R) k LATCH {P)] O 4x` O.C. WALLAHS ROOF PANELS U 1 9CLLF: t it ID MPI/DRNKi NUR It PMY®MIO EIIC =11 ` `� .� ..�. a MANN 1.111:11 MST MCC t O'DIttOMf. NNM4vt Mr MI MX 1 r `.. , .. � : -. g4 er LOCK LATCH IV/ RE INMRCENENT ATNAP {F) WRR STRAP ...5 -'�^ } ��j U ` ,, / �5." �ou `[7.rs. Mwmm ''— I INi, n. SWA HAIR EREINI MT DOOR MRS .HA'. sir- :. i i e a k mae r -r.r 0 0 I .' I t rr r RINI J � l� 1 r C11111 L..rm, Mr 011,* µ . Vi. 4 01K 1 1 . {. IN 9 ,.. ° as w .z t u r` Syr In yet "n, 1 MOtOROBRMVIMIN IC 0101/2on CAST ALUM/NUN ANOLe 11• ...... ' ' '-- 0 F 47 ' UC50e — High Temp Undercounter a 'i:Tiitto:iizl *-1. Dishwasher And Glasswasher - 'i ,,I,Y' # FEATURES: „...11 ,. i iw: _ , .:: - , a: .�� ; • 30 racks 1 120 covers per hour, � 0: 5: ! ` ' ` r • Double skin stainless steel provides consistent n� 4 . F. : heating and a quiet operation Pi., 4 i ■ Operator friendly, removable stainless steel wash 4 , '"""A•` .4ti i, and rinse arms allows for easy cleaning. ":''- ■ Fully automatic cycle for easy operation, ■ Stainless steel safety filters protect washing pump. I • -'''``” ' ` `' • II Door and water level safety switches, plus booster safety thermostat. `"' • Stainless steel molded rack supports, polished stainless steel surface and tanks with rounded e e ers a y . rl ii l3 -In detergent fortotal and and rinse eas chemical cleaning pumps. I. It Triple filtering protection system, captures excess 1 " [ soil and debris. • Pump drain allows for multiple installation applications including elevated drains. '-I),((li) ,.; Upper and lower wash and Large 13 -314" door clearance rinse arms guarantee accommodates oversized plates, excellent results. glasses and utensils, 1 ►�� A li _ . i e j 4 i !-?3,.. i * - t i f i 'Y ,l F X r ;..� if *s<, Uses standard 19 -314•X Top mounted controls are easy 1 9-3/4" r a c k s . Large to read and simple to operate. 13-3/4" glass clearance. Alli aiinnt• CMA Dishmnachines 12700 Knott Avenue Garden Grove, CA 92841. 800.884 -6417 • 714.888.8781 • Fax: 714. 8954141 • www.cmadishmacienes.com ova mxr. os 1ho ■gN go rnY011y cp?t•tinm c- dinconlin,D rnpd,,n w/Ihnui prig nalirr_nI:gr, Pnracd in mm U.$A. ■) $407 C1dA, i^ec JC50e I C 1 Hi gh Temp Undercounter , _i , _ Dishwasher And jir114t1 ► 4 1Vai-�1 _?F ll Glasswasher WARNING: Plumbing connections need w be made by a qualified service company who will comply with all available Federal. State, and Local Health, Plumbing and Safety codes. I •-- 23 ----1 I. 237/1a• - •— - - -- 399 -iir _._ ,' 131/4" 24' ' 0- 4° 0 - WMAL11N r r LOADING 33 pr .o _l____ 00 0 TOP VIEW FRONT VIEW SIDE VIEW Specifications: MODEL UCGO USA METRIC USA METRIC OPERATING CAPACITY WASH PUMP tiOTDRS HP 1 1 RACKS PER HOUR {N SF RAtEPP) - - DINIEN$IGNS OPERATING CYCLE DEPTH 24' (61 CM) WASH TIME -SEC 1001169 1001164 WIDTH 23 -T/16' {595Ch1} RINSE T 16ns 15113 TOTAL CYCLE ME 120100 1201184 _ - _ HEIGHT 33.5116' (84.3 CM) WASH TANK? strawy 6137 GAL (2G L1 MaXMUM CLEARANCE OPERATING TEMPERATURE REQUIRED 160 o F11804 (77'C183°C) HEIGHT FOR DISHES 13 -314' (35 CM} RECOMMENDED 160°F1180•F 171°C163'Cb BTANOAfl0016NAACM 1 1 WATER CONSUMPTION PER RACK .$ GAL (3 L) DIMaN$ION$ 19•$/4718.3!4' (5OX50CM) PER HOUR 24GPHII6GPH) (9OLPH/6DLPH) MATER INLET 314' ELECTRICAL RATING VOLTS PRASE AMPS DRAIN 1 - 220.240 1.60H2 3O Summary Specifications: The UC50e dishwasher and gtasswasher is a front loading machine designed to produce sparkling clean glasses and dishes. Constructed of double walled stainless steel skin providing constant heating and a quiet operation. Standard features include upper and lower wash /rinse arms and wash and rinse tank heater. KROMO BRANDS Distributed exclusively by CMA Dishmachines 411 GPO UP MAIM %WM CMA Dishrnachines 12700 Knott Avenue Garden Grove, CA $2841 • $00- 8s4.6417 •714-896 -&781 • Fax: 714495 -2141 • www.crnadishmaoIilnes.com CMA resolves the right to !noddy sPedhcaUons or dkeonhru3e models wlurout poor r o11ga1Ioei Panted In ono U.S A c] 2577 CMA, Inc. €—'1 L -5 tsi NA# TRUE FOOD SERVICE Project Name: EQUIPMENT, INC. Location: 2001 East Terra Lane • O'Fallon, Missouri 63366 SIS # (636)240 -2400 • Fax (636)272 -2408 • (800)325 -6152 • Intl Fax# (001)636- 272 -7546 Item #: Qty: Parts Dept. (800)424 -TRUE • Parts Dept. Fax# (636)272 -9471 • www.truemfg.com Model #: Model: Underbar Refrigeration: TBB- 24 -60G G , n -)' ,(, ; _i f,, r, .,,4,. i� i is I , a,,ali. , , K i ! i irrfori 7 i op I% f I ' i -- _ 1 f "°"'. tom ' :, o s, ti- — , , ,` , i if O t - ,)"' l l Iii . 1 I ..t frilit I('i .i 1 ' r t 1 ��1f =)rl -� 1r - f j L I- ? i i ,t ■ ~' ' \� ''','''‘,2-7 i i 7 'f i ] W • 4 1 iti ,7:`�1 5..i , "t V I :' ,:l: r`i J , ' e2' . Geite'Fp7S\ . .... t. .:. +,: C_ '.:a f Specifications subject to change without notice. ;:hart dimensions rounded up to the nearest Y•" (millimeters rounded up to next whole number). Cabinet Dimensions Capacity (Inches) Cord Crated (mm) Length Weight 12 oz. 'h - NEMA (total ft.) (Ibs.) Model Doors Cans Barrels Shelves L Dt H HP Voltage Amps Config. (total m) (kg) TBB- 24-60G 2 133 6 -pks 3 4 61'/a 24-Y2 353 Ys 115/60/1 7.7 5 -15P 7 335 1553 623 905 15 230 - 240/50/1 3.7 • 2.13 t 152 t Depth does not include 1 W (35 mm) for door handles and 1" (26 mm) for rear bumpers. •Plug type varies by country . ,,+ yt��° - r, -v .-!i w; 'ck -74 , 1 '�4" r . =14 -.V.F4VA I=.aFk' zr-4„ �!� eXi.- Grp,•• 13 --4 ..7NATIr'`• ar, µ4a.fi�: -47.044 /1 c ® � ® fir APPROVALS: A A C4 �'� \ J (♦ Printed in U.S.A. • Model: Underbar Refrigeration: affsi tZ4Liame TBB- 24 -60G Glass Swing Door 24" Back Bar Cooler DESIGN • Insulation - entire cabinet structure is foamed- MODEL FEATURES • True's refrigerated back bar coolers are in -place using Ecomate. A new, innovative, high • Evaporator is epoxy coated to eliminate the designed with enduring quality and value. density, polyurethane insulation that has zero potential of corrosion. Our commitment to using the highest quality ozone depletion potential (ODP) and zero global • Designed to accommodate a variety of beer materials and oversized refrigeration assures warming potential (GWP). kegs. colder product temperatures and years of • Welded, heavy duty steel frame rall, black • Listed under NSF-7 for the storage and/or trouble free service. powder coated for corrosion protection. display of packaged or bottled product. REFRIGERATION SYSTEM DOORS ELECTRICAL • Factory engineered, self - contained, capillary • "Low -E° double pane thermal insulated glass • Unit completely pre -wired at factory and ready tube system using environmentally friendly door assemblies with extruded aluminum forfinal connection to a 115/60/1 phase, 15 amp (CFC free) 134A refrigerant. frames. The latest in energy efficient dedicated outlet. Cord and plug set included. • Extra large evaporator coil balanced with higher technology. horsepower compressor and large condenser; • Each door fitted with 12" (305 mm) long al 115/60/1 maintains cabinet temperatures of 33°F to 38°F extruded aluminum handle. NEMA -5 -15R (.5 °C to 3.3 °C). • Positive seal doors. OPTIONAL FEATURES /ACCESSORIES • Sealed, cast Iron, self - lubricating evaporator • Magnetic door gaskets of one piece fan motor(s) and larger fan blades give True construction, removable without tools for ease Upcharge and lead times may apply. back bar coolers a more efficient low velocity, of cleaning. ❑ 230 - 240V / 50 Hz. high volume airflow design. This unique design • Door locks standard, ❑ 6" (153 mm) standard legs. ensures faster temperature pull down of warm SHELVING ❑ 6" (153 mm) seismic/flanged legs. product, colder holding temperatures and faster • Four (4) adjustable, heavy duty, black PVC 0 21/4" (64 mm) diameter castors. recovery in high use situations. coated wire shelves 23 )4"L x 18 "D (604 mm 0 4" (102 mm) diameter castors. • Condensing unit accessed from behind x 458 mm). Four (4) chrome plated shelf clips ❑ Additional shelves. front grill, slides out for easy cleaning and Included per shelf. ❑ Remote cabinets (condensing unit supplied maintenance. • Aluminum shelf support pilasters. Shelves are by others; system comes standard with 404A CABINET CONSTRUCTION adjustable on 1" (13 mm) increments. expansion valve and requires R404A refrigerant). Consult factory technical service department for • Exterior - heavy duty, wear resistant laminated LIGHTING BTU information. Ail remote units must be hard black vinyl front and sides. Matching black • Fluorescent interior lighting. Each door utilizes wired during Installation. aluminum back. All stainless steel counter top. full - length, patented, integrated door light (IDL) Interior - 300 series stainless steel floor with 1/2" system. Safety shielded. (13 mm) reinforced Ilp and heavy gauge • Cabinet lighting utilizes electronic ballast and galvanized steel walls. T -8 bulbs for brighter illumination, longer bulb • Door threshold protector prevents damage to life and increased energy efficiency. cabinet from routine loading of product. ! L �,. " -'+# SEL�]HOCL"+fA ' '67' f .....i4,-,. - . -.,,- ,r. u./.o 1 61 v i er (26 mm) (1551 mm) I< 59Y/0 . 1 (1521 mm) 26 24'I1 ?y °.� — a lv (616 mm) (621 mm) 1 49 * */ ,y 112 mm) 35 ""'� ' '' ..L (505 mm) - t 1 5 /32" i (30 mm) 232/16" - - • (596 mm) 2" I 593/e" -• - , r (51 mm/ � (1509 mm) ELEVATION PLAN VIEW .. 7 1,,:T.4-a. .� "°x 7 P .n i .. 1 r S:'7 -, f' wv:tii•" R r :, ;1K 1 (( Ev ros, , �' {^'� '' &, � . .a :, r �. 3� 4 1 ; P s f as a ''''/'"'" f t • ' t t a 741,7",Z;;-4. 5 .{ ..shit . e : ..% , y. ' Ef i14 �!��/�1; 1 y (al o �1e . " Yj o 4Nyi, G ( r'� 'g S^'''i # ' 1, �� 91 �` k • • >, t. J 1 13. Y� i Y) ' 1 �, "�:�.} t i-AA � i .AI I a j .,e e'r?t i4 ��r 14.00 � 0. 1 �t � .�' . b ����,. ^? L., ��ir�'^ �a,� {1 i � �- ��,..L ".1�c3�.�a�. �.( p "di t+..�h'?� y ` � 'ti� g m y . , a�s$'�' � # � t.�; f -1tC > � ° - t •� T. 1 z 4t ., i t � s�N�y, " i` . Fr , - 7 magli S F3" ` ,' I li �+' . , d tin '� h. t , f ! 1 'k. . ' .': ) & 4 ' 41, E £ 4 .., L.. .�.. - . a `a B � vC fi�Y t .i,- *„k44, � F . 1 ... _'GLa- Yh Ae . f ..' 91 i 7 `7 2 L . r`, , .. . : e t Z y !. rn • 'tr _ t :.-1F ... , ::. .+t c,�F . 2 TRUE FOOD SERVICE EQUIPMENT 2001 East Terra Lane • O'Fallon, Missouri 63366 • (636)240 -2400 • Fax (636)272 -2408 • (800)325 -6152 • Intl. Fax# (001)636 -272 -7546 • www.truemfg.com `�Man Indio = o. ...• to o I ndi oTM Series 322 Ice Cube Machine g VI Model: ❑ ID -0322A ❑ IY -0324A ❑ ID -0323W ❑ IY -0325W ■ E V �e Designed r o who know th Ice aRicai to their busine th Indigo'" Series ice machine's N preventati d continually monitor at itself for fl �1� rel i p r o duction. Improvements in cieanabfllty W and programmability make your Ice machine easy to N IIII • o w n an d le expensive to operate. 1 , • Space - Saving Design - Up to 350 lbs. (159 kgs.) ' \ J dally i c e pr oduction and only 22" (55.88 cm ) wide. • Intelligent Diagnostics - provide 24 hour preventative maintenance and diagnostic feedback rD ' for trouble free operation. • Acoustical Ice Sensing Probe - for reliable :a` r `$, operation In challenging water conditions. C aeh • EasyRead Display - communicates operating status, CT - - - -, cleaning reminders, and asset information through a T ; blue illuminated display. t V j • Programmable Ice Production - by On /Off Time, ice Volume or Bin Level (with accessory bin level control) further Improves energy efficiency and savings. [ } t • • Easy to Clean Foodzone - Hinged front door n ;,1 bb. swings out for easy access. Removable water - trough, '4!� Indigo Series distribution tube, curtain, and sensing probes for fast I re Machine on B - 320111n and efficient cleaning. Select components made with AlphaSan° antimicrobial. D • DuraTechn Exterior - provides superior corrosion 1 V resistance. Stainless finish with innovative clear -coat resists fingerprints and dirt. • AvailableLuminlce "`GrowthInhibitorcontrolsthe Ice Machine Electric growth of bacteria and yeast within the foodzone. 115/60/1 standard. (208- 230/60/1 and 230/50/1 also available) Minimum circuit ampacity: Maximum fuse size: . Air - cooled: 11.5 1ph Air- cooled: 15 amps ;r 6skKtR ' r, S CR ko'arR[SSn- Water - cooled: 10.7 1ph Water- cooled: 15 amps ,; ( G. L i,-m' yEI Specifications Operating Limits: YEAR YEAR YEAR PART- • Ambient Temperature Range: BTU Per Hour: 35' to 110'F (1.T to 43.3 *C) 3,300 (average) 4.500 (peak) Water Temperature Range: Refrigerant: 35' to 907 (1.7' to 32 Ice Shape R -404A CFC -free • Water Pressure ice Maker Water In: t . Half Dice i Dice 4' x1Ya "x'A" ' "x7A " x'A" Min. 20 psi (137.9 kPA) tA:-. \ (.95x2.86x2.22cm) i �,`-'`, (2.22x2.22x2.22an) Max 80 psi (551.1 kPA) r~ UM F C *i.e.". � K O S 9 aori nw owl 2110 South 26th Street Tel: 1. 920.682.0161 www.manitowocice.com ��,, PO Box 1720 Fax: 1.920.683.7589 i nitow'oc Manitowoc, WI 54221 -1720 USA n_ `-' Mangy owot = i -322 on B -320 Space- Saving Designs Storage Bin • 34.50' (6123 an) it 1 O ® 3M'(04 were Entrance ance loos i ® 3m. O.DS cm) fondenser Inlet Inlet Iweser -cod unks) net ed uths 21S0' et 1/r1127cm) FP- T.Water Condenser Outlet cm) 1 Iwmmmaled units) v ®1/l' n.. cm)AWlInty haw Drain Socket \ . O CD ® 341 (0.95 and F.P.T. Ice Making Water Met \ + I► I Imo+ if71 /e (1.91 1.27 cm1FP-T. Ice Me king Were, Drain \ 1 „ i M c03 /e (1.91 on) ein Ora in �� • \ 1 -322 1 -322 B -320 8-420 IA Op ) Height 59.50" 71.50" 151.13 cTn 181.61 cm W Width 22.00" 22.00" 55.88 cm 55.88 cm N Depth 34.00" 34.00" N p � m 86.30 cm 86.30 cm (75.24 cm) Bin 210 lbs. 310165. n Installation Note ' Storage 95 kgs. 141 kgs. 1 r M7nimum MSrogati0n �tOCmi ` \ dearance. Height includes adjustable bin legs 6.00" to 8.00° ' 2xm (ss.ea cm) (1524 to 20.32 cm) set at 6.00" (1524 an). Td y/s rde: 77' f3030 cm ) ...,..„2.70„, ■ c CT rn Specifications ` V Water Usage/100 lbs. Ice Production 24 Hours Power Usage 45.4 kgs. of Ice Ice kWh/100 lbs. ENERGY Model Shape 70°Alr/ 50'FWater WM 70°F Water X90 °Air /70°F Potable Water STAR OO.) dice .� _ 335 Ibs. 225 Ibs. 23.9 Gat .) ID -0322A 152 kgs. 102 kgs. 7.49 905 L * a half-dice 350 Ibs. 230 Ibs. 23.9 Gal. i c 1Y-0324A 732 159 kgs. 104 kgs. 90.5 L ° dice 330 Ibs. 270 lbs. 23.9 Gal. 6.19 NA o ID -0323W 150 kgs. 122 kgs. 903 L t 0 ° half -dice 350 lbs. 290 lbs. 23.9 Gal. 1 d IY -0325W 5.94 - 90.5 L NA 159 kgs. 132 kgs. c *Water-cooled Condenser Water Usage 1100 lbs. /45.4 kgs. Of Ice: 193 gal /731 L ' Water - cooled models are excluded from ENERGY STAR qualification. g Order ire storage bin separately. I I S Accessories . -- 1 �; t p ‘ j Arctic Pure° r Luminlce'° Bin Level Control Water Filters . AuCS' i Growth Inhibitor ! Allows ice bin level ; Reduces :. schedules and reduces yeast and - to be automatically ( sediment and ±1; performs routine ice o • bacteria growth for a • set. Built -in LED light G chlorine odors for machine cleaning N cleaner ice machine. L 1 illuminates bin. ` better tasting ice. automatically. ^ v 2110 South 26th Street Tel: 1.920.682.0161 PO Box 1720 Fax: 1.920.683.7589 Canitowoc Manitowoc, WI 54221-1720 USA www.manitowodce.com TRUE FOOD SERVICE Project Name: NA # e EQUIPMENT, INC. Location: 2001 East Terra Lane • P.O. Box 970.O'Fallon, Missouri 63366 SS # (636)240 -2400 • Fax (636)272 -2408 • (800)325 -6152 • Intl Fax# (001)636 - 272 - 7546 Item #: Qty: Parts Dept. (800)424 -TRUE • Parts Dept. Fax# (636)272 -9471 • www.truemfg.com Model #: - Model: Pizza Prep Table: TPP -60 nom P - i PP - 6 0 • R! z y • 1s T' " r b' <: r r ?.' t ' r ''''f, * t ' \ k -.. k 15 ,l lc , iii r , _m tr I ral"..11 _ 11111111511 * ::: ::.iiiq • A• '' �"- .. ............. •• ' "lb 4, ..r , d..? -33 'Mir, irk+ Specifications subject to change without notice_ Chart dimensions rounded up to the nearest 1 /a" (millimeters rounded up to next whole number), Cabinet Dimensions I I Cord Capacity (inches) Crated ( mm) Leengtngt h Weight (Cu. Ft.) Pans NEMA (total ft.) (lbs.) Model Doors (liters) Shelves (top) L ** Di H* HP Voltage Amps Config. (total m) (kg) TPP -60 2 15.9 4 8 60 32 35 1 /3 115/60/1 7.9 5 -15P 7 370 451 1 1531 820 909 1 /3 230 - 240/50/1 3.9 • 2.13 168 ** Length does not Include 3 /e" (10 mm) each side for lid pins and 1 /4" (7 mm) each side for cutting board brackets and thumb screws. t Depth does not include 1" (26 mm) for rear bumpers and 3" (77 mm) for cutting board. * Height does not include 6 (159 mm) for castors and 6" (153 mm) for optional legs. • Plug type varies by country. r " -??,: ` ... ,: ,..WY .., 'a 7 ;a s p e rw wer.. q . .; :';..i]3" IF6`ef ,.., li . ..- ,.. , FM 4 ... "`S.3.:0 - , . ;;;;;C '7a . : -el Gittl=" v ' ,,''''. k .. ' r -- ;.*,LI' M .ik m it�:t C �L us C E APPROVALS AVAILABLE AT 8/07 Printed in U.S.A. ADDENDUM No. 4 Date: 2 -21 -12 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm 1. Clarification to Addendum No. 2; items No. 2 and 25: Revise the attic fixtures (type "L ") to type "K" and revise the two all sconces in the restrooms (type "K ") to type "L ". Revise the fixtures noted as type "G" in the main area to type "C ". ADDENDUM No. 5 Date: 2 -21 -12 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm 1. Clarification to Bidders: Schedule "K ", Proposal Bond, value filled in by the bidders shall be the amount of your bid proposal. 2. Clarification to Bidders: Refrigeration/Freezer unit to be bid as 7' -6" tall with pre - insulated floor. 3. Clarification to Bidders: There are existing wood paneling; but, there are no existing cabinets to be refurbished and /or reconfigured. Bidders to provide cost to furnish and install new cabinets made of stain grade pine. Profile of doors and heights as shown on plans. Base cabinets (with metal countertop) to be 2' deep. Wall cabinets to be 1' deep. ADDENDUM No. 6 Date: 2 -22 -12 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm 1. Clarification to Bidders: Please find attached Kitchen Equipment items E8, E9, El0 and El 1 inadvertently left out of Addendum No. 3 2. Clarification to Bidders: Please note the amount of the proposal bond "Schedule K" shall be 5% of your Proposal price. 3. Clarification to Bidders: The successful Proposer(s) will be required to furnish a one- hundred- percent (100 %) Performance Bond and Labor and Material payment Bond. E r .v Project _ ` "Jackson Item Quantity —_ CSI Section 11400 WM WAREFOIICE Approval Date _ Models we WAREFORCE UH30 Standard Features Mandatory Specs �! • Automatic fill Specify voltage _. • Push button start S lui Labyrinth type door design Options —° • Automatic pumped drain for ❑ Water Hammer Arrestor Wig floor and wall drain installations ❑ Back Panel O • Pre - installed water pressure ❑ Drain Quench System regulator ❑ 480V Electrical • Stainless steel wash pump ❑ Scale Prevention System (SPS) • Electromechanical components ❑ Replacement Cartridges for • Manual override for extended SPS (2 -pack) wash and deliming ❑ Tie Down • Simplified controls allow easy wARff 30 access for operation and service Accessories - Door safety switch ❑ 36 Compartment Rack 11111 : •• P ❑ 4- 1 /8 " tall (105mm) ® • Pumped drain ❑ 5 -5/8" tall (143 mm) • One (1) each peg and combina- ❑ 7" tall (178 mm) d tion rack include 9 Combination Rack • Above water scrap tray ❑ Peg Rack • Built -in chemical pumps for ❑ Machine Stand detergent and rinse aid ❑ 6" (152 mm) high 918'• (457 mm) high Specifications Uses 1.1 gallons (4.2 liters) of water per rack Notes: Uses 26.4 gallons (99.9 liters) of water per hour A vent hood is not recommended above Cleans 24 racks per hour the WAREFORCE• UH30 as it does not CD produce excessive vapors. Always check Two minute automatic cycle with the local building code to know what Powerful 3/4 hp wash pump motor type of ventilation is required for commercial Built -in booster heater dish machine installations in your area. Fresh water rinse eliminates wash water Normal operation of the WAREFORCE• UH30 C " US contamination generates steam that may escape from the door. Materials such as wood laminate, LISTED Air insulated between body and stainless veneers, etc. are unsuitable for use in areas steel housing exposed to dishwasher steam and detergents. Sani - Sure'" feature assures proper rinse Stainless steel or other moisture - resistant water temperature shields are recommended for surfaces adjacent 304 stainless steel construction to WAREFORCE` UH30 sides and top. Unique timer allows the machine to be customized for extended cycle times SHIPPING ADDRESS MAILING ADDRESS Tel: 1- 888 - 8005672 www.jacksonmsc.com 6209 North U.S. Highway 25E P.O. Box 1060 Fax: 606.5231799 annfowoc Gray. KY 40734 Barbourville, KY 40906 info €jacksonmsc.com .,_ 'Jackson _ _ ,„„,,,,,M V11/LL L TOP B LEGEND: _ Wee ��a� fi A - Water Inlet - 1 /2" Female Pipe Thread, OM 2 1/2" AFF (Connect to a true 1/2" ID - - I water line) 11 [32mm)- M B - Electrical Connection , A C -Drain Connection - 10 coiled drain hose. 234 [604mm] 258 (�,] Shipped inside machine. Must be installed no more than 24" AFF I tt All dimensions from floor can be increased J ] - _ 1 , ; l 1" with adjustable feet supplied- 11 11 ; I FTI 8 1 Door Open 1 i4 (4 ) - -24 Mammy O _ _ FRONT i 1 141" (368mm) , DISH 31fi (84mm + i CLEARANCE B- ( —_ .__ . .- „ t 33 6 1846mm] ou i 1 A- i . 1 112 (292mm) 7 K9-5o O Y . :::. Ali i ■ --- 8 (105mm) . C hI F(lN1 DIhIl *.','..'.- WALL SHIPPING INFOR!v1A' MODEL NO. INSIDE INSIDE INSIDE DOOR CLEARANCE CLEARANCE CLEARANCE CLEARANCE OPEN WEIGHT CLASS CUBE HEIGHT WIDTH DEPTH HEIGHT WIDTH DEPTH DEPTH WAREFORCE• 14.1/2" 20" 20" 42' 114" 248 Ibs 925 23.3 42" 33' 29" UH30 (368 mm) (SOB mm) (508 mm) (1067 mm) (6 mm) (112 kg) cu. ft. (1067 mm) (838 mm) (737 mm) APPROXIMA' 0 AL IOM) AMPS i :Pi P )NGCAiAC1 Y 208/60/1 r 38.8 Racks per hour 24 230/60/1 42.3 Dishes per hour 600 Glasses per hour 864 (1 (i ` RKAI RFQU(REMEN'S Wash pump 3/4 hp . ; r ',C, CYO( Wash cycle (seconds) 82 N'A'ER f((Qt(,R(M(N"S Drain time (seconds) 28 - Gallons per rack I. 1 gal (4.2 L) Rinse time (seconds) 10 Gallons per hour 26.4 gal (99 91) Total cycle (seconds) 120 Flow pressure (P51) 15 - 25 Waterline size On 1,2.. i t RA'0vk FMPERA` Drainline size OD 1 -3/9' Wash 150 'I (65.6'C) Rinse 1801 (87.2'() • . WAREFORCE' UH30 SHIPPING ADDRESS MAILING ADDRESS Tel: 1- 888 - 800-5672 www.jacksonmsc.com 6209 North U.S. Highway 25E P.O. Box 1060 Fax: 606 -523 -1799 07610-003-68.65107/10) C Ito woc Gray, KY 40734 Barbourville, KY 40906 inro5jacksonmsc.com We reserve the right to change specifications appearing in this bulletin without incurring any obligation for equipment previously or subsequently sold. r- R S r SAVLLip i2. 1111 0 � _ ;, C.' ammo. R. SAVE $201 S. Bake, broil, roast, convection bake or rotisserie roast on a countertop. 3 'tt: Cuisinarts Convection Microwave Oven This Waring Pro; commercial- quality countertop oven expands the IH, Commercial power on your countertop with nine pre -set options, single capabilities of a traditional oven with a choice of five cooking methods: bake, and combination settings, plus multistage cooking to automatically shift broil, roast, convection -bake and rotisserie Large stainless -steel interior to functions. Convection -bake, roast or microwave. This new generation of bake a pie, cake, casserole, pizza or roast. Power and oven ready indicator countertopovens also features grill function to prepare steaks, hamburgers lights Tempered glass door. The toasting rack, baking tray, rotisserie spit and or grilled chicken indoors. Defrost by weight or time. The browning function skewers are dishwasher -safe. Stainless -steel exterior.120- minute timer. is perfect to add golden crispness to casseroles, breads or desserts. Also Three shelf positions for .9 cu. ft. Four positions for 1.5 cu. ft. 1,700 watts. ideal to use as a second oven to bake appetizers, rolls or side dishes. This #11790 Sma11.9 cu. ft: 213/4"W x 151 "D x 13 "H, 243/4 lb., generously -sized oven has the capacity to bake a double -layer cake value $555.00, special $299.95 User - friendly LED touchpad controls. Rotating 12" glass tray and grill rack Large 1.5 cu. ft. (shown): 231'W x 16 x 14 "H, 353/4 lb., remove to clean. Instruction and recipe book included. Brushed value $725 00, special $399.95 stainless - steel 1,000 watts. 12 cu. ft. 2034 "W x 193/4"D x 1234 "H. #24570 Convection Microwave Oven, value $450.00, special'$249.00 FREE GIFT -- • - _ I I Purchase a Waring Pro Convection Oven and rece aF mail -in rebate for a FREE Stainless -Steel Platter ($25 value). ' Offer expires 12/31/11. " New Lowe P t, ,' it t.), 4111* pliftik - , . -� «. 1 111 • - -._- 2 , 1 ' -. :„1 + � l iL________________ .. , , e• R T. SAVE $50 U. SAVE $60 8revillea Smart Oven — the intelligent appliance you'll use every day. Cook food 30-40% faster than a standard oven, Elements IQT technology with 1,800 watts of power among five quartz Bake, convection -bake, broil, toast, defrost, dehydrate or warm food. elements for even heating and cooking. The backlit LCD screen has intuitive dial The fan- circulated hot air and Durastone II'" enamel interior allow even controls and nine customizable presets. Change a setting and it is stored in heating. Fits two 12" pizzas. Dehydrate food using the hot -air fan circulation. memory. The auto -eject rack keeps hands away from heat. Retractable crumb Digital thermostat, 2 -hour timer, auto shutoff, 8 pre - programmed pizza tray Includes 13" Dia nonstick pizza pan, 12" Sq. baking pan and 12" Sq enamel settings, 6 bread settings, and browning levels. Smart Cookie function and rack. Stainless -steel body. .8 cu ft 181/2"W x 151 "D x 103/4"H. 2 cookie sheets 140°-500°F. 1,400 watts..5 cu. ft. 19 "W x 15 "D x 93/4"H. #25064 Breviltet Smart Oven, value $300.00, special $249.95 #25188 De'Longhle Convection Toaster Oven, value $210.00, special $149.95 itee Plus FREE Return Shipping for easy ordering visit CHEFSatalog.com 49 L )j Gias Pro ject: nlna Item #: Qty: slstl Model #: i ' • Single Bowl Sinks s ill tr A 4y - Hand Sink Models: I!SA -12, HSA -12 -D. HSA -18, HSB -12, HSB -I2 -D, I1S13- 12 -AD, HSB -l8, DHSA -I8, DHSB -12, DHSB -18 " ,, r'. Wet Waste Sink Models: SWA -12, SWA -I8. SWI3 -12, SWI3 -18 ' , Standard Features • Manufactured with total welded construction to meet NSF I l, q standards 11 li '�< j t` "' i'�, 1 All stainless steel construction • ■ r • • One -piece seatn less top and backsplash featuring 1/4" radius ! � ,,.� , corners for easy cleaning I .° • Adjustable stainless steel bullet feet , , IP i, ' ■ • 9 -1/4" by 11 -1/2" by 6" deep sink bowl with hot and cold water gooseneck faucet ' r • Faucets are standard and ship mounted i • Models HSA -I2 -D, HSB -12 -D and HSB -12 -AD feature a DHSB -12 soap dispenser and front skirt mounted C -fold paper towel dispenser '' l • Models DI-18, DHSB -I2 and DHSB -18 feature a soap dis- penser and hinged front access door to conceal C -fold paper towel dispenser 0 • All wet waste sink models include a lift-out perforated plastic wet J waste strainer HSA- 1 2-D • Soap dispenser is easy refilled from above, no need to crawl under equipment Specifications Product Information Drain Single bowl sinks are available as hand sinks and wet waste • 1 -1/2" I.P.S. Threaded drain will fit Dearborn part sink models. Hand sink models HSA -12, HSA -18, HSB -12 and #8033 slipnut and part #W -573P washer. HSB -18, feature a standard stainless steel bowl and mounted Faucet faucet. • Deck mount on 4" centers, accepts 3/8" sink leads, Hand sink models HSA -12 -D, HSB -12 -D and HSB -12 -AD hot and cold water connections required include a soap dispenser and front skirt mounted C -fold paper Sink Bowl Dimensions towel dispenser. • 9-1/4" by 11-1/2" by 6" deep Legs Hand sink models DHSA -18, DIISB-12 and DHSB -18 feature • I - 5/8" diameter, 16 gauge stainless steel a soap dispenser and hinged front access door to conceal C -fold • Stainless steel bullet feet paper towel dispenser. Paper towels are easily accessed below Materials the door. The access door is only opened for re- loading paper • 20 gauge stainless steel parts include: all towels into the dispenser. components unless otherwise noted • 18 gauge stainless steel parts include: leg pads on DHS Wet waste sink models SWA -12, SWA -I8 and SWB -18 include models a lift -out perforated plastic wet waste strainer. Glastender, Inc. • 5400N Michigan Rd • Saginaw. MI • 48604 -9780 Approval/Notes: 989.752.4275 • 800.748.0423 • Fax 989.752.4444 tvww.glastender. corn Specifications subject to change without notice. For current specifications please visit our websde. Printed in USA Rev.1 1 -05 -07 3.20 Single Bowl Sinks Dimensional Information --- 12 " LIQUID SOAP F ---12"--i DISPENSER 18" 18" [ 2 24� O 19 I DRAM I -- LIQUID 1 �� _ D SPENSER i FRONT RAIL- FRONT RAIL ` \ \\ - PAPER TOWEL ACCESS DOOR DISPENSER LOADING OF HSA -12 HSA -18 PAPER TOWELS HSB -12 or SWA -12 HSA -12 -D or SWA -18 DHSA -18 or SWB -12 —12" ----12"---- 18 "— 12" , 18" LIQUID SOAP , I I I I - DISPENSER - --.- -, . -._. O 24.. O 24.. O 24' 7.13, 24" O 24" 29" LIQUID SOAP ___- ° . s SOAP DISPENSER nar4■1 DISPENSER _ -- PAPER TOWEL FRONT._ DISPENSER RAIL - DRAIN ACCESS DOOR \ PAPER TOWEL LOAD A OF DISPENSER PAPER TOWELS HSB -18 HSB -12 -AD HSB -12 -D or SWB -18 DHSB -12 DHSB -18 PLAN VIEWS BACKSPLASH - BACKSPLASH BACKSPLASH f 2 , {' 1 9" 2 4" 7 7" ii ,..,/r I r , f ,, , , 1 I 1 1 37 • 37" . 37" . • • • 37" l..I ' I3i 13 . 30 " 16" 16 1 �" I _ 1' ADJUSTMENT _. HSB -12 -AD TYPICAL "A" DEPTH TYPICAL "B" DEPTH MODEL: DHSB -12 SIDE ELEVATION SIDE ELEVATION SIDE ELEVATION FRONT ELEVATION FRONT AND SIDE ELEVATIONS j1 a S 5400 N Michigan Rd • Saginaw, MI.48604 -9780 v- , 989.752.4275 • 800.748.0423 • Fax 989.752.4444 1 �i 0 www.glastender corn Printed in USA ADDENDUM No. 7 Date: 2 -23 -2012 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL For the JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT RFP Issue Date: January 23, 2012 Submission Deadline Date: February 23, 2012, No later than 3pm The CRA is issuing the following revision to the Request for Proposal document: Correction to Addendum 6: Equipment Item #E -8 as specified on Plan Sheet A -5.1 described as a steam oven, has been removed from the purchase and installation responsibility of the Contractor under this RFP. Attachment B BOYNTON icRA ,9414BEACH1 . ORIGINAL 3(a Johes Co1#eje Correr& 'o Irierc r uil -but 'Pro J General Construction Services Construction Bid Proposal MN 318 South Dixie Hwy., Ste. 4 - 5, Lake Worth, Florida 33460 561.588.2027 www.westconstructioninc.net BOYNTON ' 4 D /� BEAC I RA tab of Covi. fevct Location and Registration - Attachment "B" 0 Proposer's History lab 2.4 Fiduciary Responsibility 2.' Organization and Personnel Qualifications - Organizational Chart gialt Relevant Construction Experience -- Attachment "G" • Narrative of Best Qualified Safety Program - Attachment "F" Tab8 Quality Control Program -Attachment "E" Schedule Achievement Program Bar Chart Schedule V gab 10 M /WBE Program t , lab 13 2.12 Subcontractors Tab _, Drug Free Workplace Certification k w./ Pricing and Cost Ft i Tab BOYNTON .. BEACH ("DA 2.Z Loca1 avw( fkliStratiOvi, "" 6"' • 2.2 Proposees location and Registration S,. Name: West Construction, Inc. 318 S. Dixie Highway Street Address: g y 4 11.11— Mailing Address: Same City. State. Zip: Lake Worth, FL 33460 561 No: 561.582.9419 Telephone :'�o Fax `o: Email Address of Contact Person: mwest @westconstructioninc.net • -- Federal Identification No.: 59- 1809068 State of Incorporation & Registration No.: FL 555487 If not a corporation. explain your status: � � r 0 V • v 1 ® BOYNTONy p 142 2. .r. BEACH ICR 23 Proposer s W story 2.3.1 Proposer's Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organiza- tion and management efforts. NO Q 2.3.2 Age of Organization S In continuous business since: 1969 2.3.3 Leadership List �.�. Corporate Officers, Partners or owners of your Organization with titles and ad- dresses. If a publically held company list Chairman of the Board, CEO, and Presi- dent. Martha A. Morgan, President/Treasurer Matthew F. West, Vice President/Secretary 4 318 S. Dixie Highway, Ste. 4 -5, Lake Worth, FL 33460 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. West Construction, Inc. has never defaulted or failed to complete any project awarded 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. North County Airpark Hangars E & F ..� Owner: Palm Beach International Airport Project Description: Construction of (2) concrete block & steel buildings. The buildings included one -piece hangar doors & restrooms. Site work included asphalt paving, water, sewer, grading, & storm drainage. Liquidated Damages: $132,369 Nova Blanche Forman Elementary School for the SBBC (School Board of Broward County). This project was extended by 226 calendar days as a result of added work items, outside inspection agencies (Broward County Engineering and FDOT), and concealed conditions. The School Board found that the unan- ticipated delays and additional work items resulted in 215 calendar days and charged West for the additional O 11 days to final completion. The charges were $1,000.00 per Calendar day for the 11 days. k 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party 11 �_. BOYNTON � /� ., BEACH 4 ...... currently or in the past five (5) years, providing state, case number and disposition for each. 1/4.) West Construction, Inc. strives for conflict resolution, with both Owners and Subcontractors on every project. We know any miscommunication needs to be addressed in a timely manner. Experience has taught us that open com- munication and close monitoring of our projects has enabled us to avoid and/or settle disagreements immediately. Co) ` However, as with any business, litigation is sometimes unavoidable. We have listed below our five -year claim infor- mation. Also, in 2009, West agreed to refrain from bidding Palm Beach County work for a period of 18 months, ending November 22, 2010. This agreement was the resolution of a disagreement with Palm Beach County relating to an SBE re- certification issue. ftliwau-"P .i. S Closed Kilpatrick Irrigation v West Con- Settled in 2007 Q struction, Inc. In 2006, West Construction 1 Closed Gay Williamson v City of Lake Inc. was one of 2 defendants illi Worth in a claim made by Gay Wil- liamson. The case was dis- ■„,„„...... missed after a hearing. Z' Closed Pavers & Stone v West Dismissed in 2010 for lack of Construction, Inc. prosecution. ari Appealing William Bart Zeigler v West Product Liability. Chinese dry Construction, Inc. wall unknowingly utilized. Plaintiff would not perform Open /Pending Bern Brite Electric v West Con- required scope of work so % struction, Inc. West had to find another sub - contractor. ■ West Construction, Inc. is appealing the charge we util- Appealing Florida Blacktop v West Con- ized a dollar amount on bid "s r" . struction, Inc. from this subcontractor then went on to engage another firm for the project. L O 2.3.7 Projects Underway 3 Provide total number and dollar amount of contracts currently in progress by the or- t ganization proposing to this RFP. k+ 29 contracts are currently in progress with a dollar amount of $33,645,772.00 2.3.8 Five Year Volume of Work O List name of projects, type of projects and dollar value of each project for the past five k in". 1 (5) years. Please see the attached five year list of projects. • BOYNTON IB EACH I CRA ....,..._______________._. ,.. -.......... ‘..•........_•,... .... ..._ . . . 4.- -. - . ,,, . _ .. . ..... ......_ ._ .. :_ . • .. , ... , . .....,. _ , . --- ._.. i$ 3,912,729 00 Northwood Gymnasium City of West Palm Beach 2006 $ 2,581.344 00 Fee Station #23 Palm Beach County 2006 ■ $ 4,960,444 00 Phil Foster Park Palm Beach County 2006 $ 2.308 479 00 Dan Calloway Park Phase l Cty of Rrvrera Beach 2006 $ 1,720,422 00 Fire Station *30 Palm Beach County 2006 O $ 10,615,000 00 Distnct Park "F" Palm Beach County 2007 $ 911,957 00 Ombres Park Cty of West Palm Beach 2007 Slitb $ 4,200,000.00 Fre Rescue Station No. 7 City of West Palm Beach 2007 $ 2,776,63000 Tequeste Town Hall Village ofTequesta 2007 $ 3,298,000 00 Pompano Community Pool City of Pompano Beach 2007 $ 2,141.461.00 TPBS Town Center Town of Palm Beach Shores • 2007 $ 1,711618 00 Jupiter Farms Soccer Fields Palm Beach County 2007 $ 125,000 00 Gaines Park Cty of West Palm Beach 2007 $ 827,577 00 Yamato Scrubs Palm Beach County 2007 4114"... $ 6,057,869.00 Mid County Senior Center Palm Beach County 2007 $ 7,968,080.00 Fort Lauderdale EOC City of Fort Lauderdale 2007 Zi $ 2,290,780 00 Lake Worth Christian School Athletic Complex Lake Worth Christen School 2007 $ 644,350.00 North County Ocean Rescue Palm Beach County 2007 CO $ 2,543,378 00 Burt Reynolds Park Palm Beech County 2007 $ 6,442,894 00 Wilson Park Cty of Boynton Beach 2008 $ 906,849 00 Jaycee Park Cty of Boynton Beach 2008 1 $ 283.527 00 SW 2nd Ave Streetscape Cty of Delray Beach 2008 $ 1,971,253 00 PESO K -9 Training Facility Palm Beach Courtly 2008 $ 3,856,386 00 Mitchell Moore Aquatics Center Cty of Pompano Beach 2008 $ 2,439,800 00 Delray Beach Fre Station No 4 Cdy of Delray Beach 2008 $ 2,900.000 00 Delray Beach Environmental Services AdministrationManeCty of Delray Beach 2008 •� $ 1,175,161 00 Broward Burnheld Improvements School Board of Broward Courty 2008 gnome $ 493,570 00 Nova Blanche School School Board of Broward Courty 2008 $ 572,346 00 McFatter Truck Dnving Range School Board of Broward Courty 2008 $ 519,379 00 Snook Creek Boat Ramp Cty of Wilton Manors 2008 CO $ 208,010 00 Linton BNd Bridge Tender House City of Delray Beach 2008 $ 406.400,00 Fre Station No 81 Palm Beach County 2009 $ 1,877,628 00 SWA Maintenance Facility Solid Waste Authonty of Patin Beach County 2009 $ 311,323 00 Cross Creek ADA Restroom Renovation School Board of Browara County 2009 $ 1,418,948 00 Pine Trails Park, Phase III Cty of Parkland 2009 %, $ 3,971,23400 Fort Mellon Park City of Fort Mellon 2009 $ 282,500.00 Arm Herman Park Cty of Fort Lauderdale 2009 $ 1,213,496 00 Pioneer Park Phase I & II Cty of Deerfield Beach 2009 $ $ 179,200.00 Eagles Landing School School District of Palm Beach County 2009 $ 91,000.00 Barefoot Perk Town of Hypduxo 2009 7fg $ 1,392.480 00 South Courtly Regional Park Palm Beach County 2009 4- $ 288.230 00 FECR Buffer Wall CO of West Palm beach 2009 $ 378,326 00 Public Safety Budding Addition Village of Palm Springs 2009 $ 276,640 00 JC Mitchell Elementary School School District of Palm Beach County 2009 $ 305,721 00 Attucks Middle School School Board of Broward County 2009 $ 1,530,305 00 Pahokee Manna City of Pahokee & Everglades Adventures 2009 O $ 3,000,000 00 Mansion at Tuckahoe Martin County 2009 $ 1600,000 00 Multipurpose Builtlino Village of Royal Palm Beach 2009 LI3 $ 1,042,000 00 Phd Foster Multi- Purpose Building Palm Beach County 2010 $ 5,436.917.00 Miller Park City of Delray Beach 2010 $ 3,047,000.00 Public Services Administration Building Cty of Dania Beach 2010 $ 1,289,504 00 South Flonde VA National Cemetery New Pic Administration Building US Department of Veterans Affairs 2010 $ 1,054,000 00 Jensen Beach Community Center Martin County 2010 e /i $ 2,366,000.00 North County Landfill Operations & Maintenance Building South Florida Solid Waste Authority 2010 v , $ 2,983,687 00 North CountyAiryark Hangers E & F Palm Beach County Davison of Airports 2010 $ 1,473.740 00 Construction & Demolition Debns 8 Yard Waste Mulching Facility Martin County 2010 $ 418.000.00 Sunny Isles Beach Skate Park City of Sunny Isles Beach 2011 $ 943,139 00 Howard Park North End Renovations Cty of West Palm Beach 2011 $ 793,400 00 Hallandale Baseball Reins School Board olBrowertl County 2011 $ 2,900,000.00 Young Circle ArtsDark 8 Amphitheater Cty of Hollywood 2011 O $ 4.074.525 00 Surfside Communty Center Town of Surtside 2011 $ 837.000 00 John D MacArthur State Park Pew Family Science Center Florida Department of Envrorrnertal Protection 2011 _ ka...) $ 1,490,000.00 John D. MacArthur State Park Munyon Island Florida Department of Enveorirnental Protection 2011 $ 1,600,000.00 Stuart Memorial Perk Martin County 2011 $ 195.656 00 Worthing Park Improvements City of Delray Beach 2011 $ 1,412.366.00 Congress Avenue Bamer Free Park Cly of Boynton Beach 2011 BOYNTON LRA «BEAC■ "4"."— 2.3.9 Safety History �+ 2.3.8.1 Compensation Rate Worker's Compensation Rate List your organization's Worker Compensation . Experience Modification Rate (EMR) for the last five years as obtained from O your insurance agent. 2007 2008 2009 2010 2011 1.2 1.4 1.43 1.1 .88 2.3.8.2 Safety Record Complete the table titled "Safety Record" as show in Attachment "F" Safety O Record. Use a percentage of employee's direct hire fixed work hours rounded to nearest 1,000's. Please see Attachment F behind Tab 7, Safety Program. • 0 0 BOYNTON /� 1"1v 3 • BEACH LJS fr 2.4 Fialmciar Responsibili 9 V Describe your fiduciary responsibility as a General Contracting Firm for publicly funded projects. 4 As a General Contracting Firm, West Construction, Inc. is bonded, licensed and insured. Should any Ski fiduciary issues arise, we are covered under this bonding and licensing. Assurance of this bonding capacity can be found behind Tab 13 - Pricing and Cost. 4 1 .11 a a 0 k 111 A BOYNTO p lab 4 •.�BEAC C R A 2.5 Or Za ion, And Persov�, Lel Qtiali ca ►�s "4"" � fi fi io fi 2.5.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Construction Man- ' agement & Supervision, Cost Control, Scheduling, Submittals and Quality Con - 0 trol. If individuals are not full time, indicate estimated percentage of time dedi- cated to the Project. Please see our organizational chart on the following page. A "— 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with names of individuals who will perform those functions in direct support of the Proposer's on -site team, but located in the home office. If individuals are not full time, indi- 1 cated the estimated percentage of time dedicated to the Project. Please see our organizational chart on the following page. 2.5.2 Resumes Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2. The resumes of your key personnel shown on the following organization charts shall include professional affiliations such as membership in the American Institute of Constructors. On the following pages we have included an organizational chart related to this project. Our proposed staff • has the relevant experience and skill to perform all activities associated with a build -out project such as 4 this. Coley Pitt, our anticipated Superintendent has over 30 years in the construction industry, successfully 4 implementing safety programs, quality control, MBE and LEED programs. More importantly, Coley is adept at renovation work, utilizing tried and true practices to make a project successful. O His communicative nature will go beyond established parameters typical of a contractor and Owner. Coley will keep the CRA advised of the project schedule and costs at all times. His knowledge with costs associ- ated with buildings of this type and complexity will be instrumental to all aspects of daily project manage- ment. t ^ vl ■ 1 BOYNTON p� "*04..' BEACH: Ct�f .� BOYNTO =BEACH cRA D ___________ Construction Executive Matthew West " Construction Manager o Chris Caprio Quality Control Manager/ Superintendent Safety Director `j Coley Pitt Jose Rivera, Jr Office Support Staff Accounting Estimating Project Assistant • t Major Subcontractors We have given the Boynton Beach CRA the best of the best for this project The proposed individuals will be committed full -time to this project with the exception of the QC Manager who will utilize 50% of his time on this project. The office support staff is readily available to our on -site team at a moment's notice. The benefit with our office is the location. O We can be on -site quickly, ready to re- spond to any need that arises k • If BOYNTOF ,BEAC RA "4"-- As co- founder and principal, Mr. West brings over 16 years of architec- Matthew F. YYest tural and construction experience to the firm. His diverse project experi- AIA ence includes both public and private sector projects. In addition to his Vice President/Project Execu- responsibilities for overseeing the firm, Mr. West is responsible for over- . .. five all office management, client relations and administrative activities. He O is involved in overseeing all projects, utilizing his skills and abilities to ensure the highest level of safety and project supervision. Experience Project Experience Total Years: 16 years Gainesville Depot Historical Restoration Education Gainesville, Florida +� ._ F "Nimm".. $1.5 Million, Complete Restoration 'i,i,. Bachelor of Science in Architecture "' Zfr Project Involvement: Project Executive r Florida A & M University O Bachelor of Architecture - Florida Atlantic University Mansion at Tuckahoe, Jensen Beach, Florida I $3.1 Million Historical Renovation, 17,335 SF Mnneion at Tueknkue Project Involvement Project Executive e Credentials Florida Registered Architect Jupiter Keepers Lighthouse Renovation � . Florida Certified General Jupiter, Florida lc Moil i^ ZI Contractor $173K, Restoration OSHA - certified 10 hour Safety Training Project Involvement: Project Executive Cninen ilk Depot Professional & Southside School Historical Renovation Community Affiliations Ft. Lauderdale, Florida American Institute of Architects $2.7M % National Association of Industrial �' ° Project Involvement: Project Executive - - w III I and Office Properties f $ . e U.S. Green Building Council - Maintenance Facility South Florida Chapter " Associated General Contractors Palm Beach County, Florida Comm $1.8M, 2,700 SF Mitchell Mtwn< rni.r Lake Worth Chamber of Commerce Project Involvement: Project Executive Florida Trust for Historic Preservation `. O National Trust for Historic Preservation Mitchell Moore Aquatic Center Pompano Beach, Florida L.3 $3.9 Million, 2,900 Square Feet . ,,,,.. Project Involvement: Project Executive C4 North C��unh M.inten.n�. Pompano Beach Community Park & Pool Pompano Beach, Florida $3.3 Million, 2,900 Square Feet Project Involvement: Project Executive .-►4 ‘It / i / ' O SWA Maintenance Facility, Pompano Beach, Florida `t ...irk ks) $1.8 Million, 2,700 Square Feet Project Involvement Project Executive �r Surfeide Community Center BOYNTON =BEAC i 4" Christopher Caprio Mr. Caprio has over 25 years commercial and private construction ex- perience and possesses strong labor and operational experience. He is `, Project Manager committed to excellence in quality control and owner satisfaction. He N has extensive Project Management experience and brings a wealth of knowledge to any historical renovation project. He plans, coordinates, ." monitors, controls, closes out projects and is in charge of all phases of C the project life cycle. Sib Experience Project Experience Total Years: 26 years Gainesville Depot Historical Restoration Gainesville, Florida 4 ■•■•• Education $1.5 Million, Complete Restoration 7 Bachelor of Science in Computer Science Project Involvement: Director of Construction Mercy College, Dobbs Ferry, NY (3 Union Certification in Carpentry Mansion at Tuckahoe, Jensen Beach, Florida M.ne nn nl 7nekvho I United Brotherhood of Carpen- $3.1 Million Historical Renovation, 17,335 SF il**t tern and Joiners of America. Project Involvement: Project Manager New York, NY Jupiter Keepers Lighthouse Renovation ' Ill ,, - - a Credentials Jupiter Florida -,,- $173K, Restoration Certified by the Project Management Project Involvement: Project Manager CO Institute s ��� h � de � " �� CO (PMI) as a Project Management Southside School Historical Renovation Professional Ft. Lauderdale, Florida III OSHA Safety Trained and Certified $2.7M Project Involvement: Project Manager a _ 7 g Maintenance Facility G"ineseIlk Depot Palm Beach County, Florida $1.8M, 2,700 SF Project Involvement: Project Manager T O Public Works Facility, Dania Beach, Florida ,, 42 SF, $3 Million ' v 3,700 Project Involvement. Project Manager Phil Foster Park Multipurpose Building s" Center Riviera Beach, Florida $1.3 Million, 5,300 Square Feet Project Involvement: Project Manager Wilson Park Community Center O Boynton Beach, Florida k", $6 Million, 14,000 Square Feet rule err. k Maltlpurpo e Project Involvement: Project Manager • • It A n., BOYNTON RA m BEAC 4 "-- YY. Colston Pitt Coley will be responsible for managing the day to day field work. ` This might include but is not limited to; subcontractor quality and Superintendent adherence to the plans and specifications, coordinating all in- spections, as well as preparing daily log reports and two and four week look ahead schedules. Coley is intimately familiar with Q the nuances and intricacies of renovations projects and will be a /� � great asset to the cottage build -out project. + Experience Project Experience Total Years: 31 Gainesville Depot Historical Restoration , ""6". Gainesville, Florida 1 aw Education $1.5 Million, Complete Restoration l"* Bachelor of Science Degree in Project Involvement. Superintendent Q sity History & Recreation — Marshall Univer- Jupiter Keepers Lighthouse Renovation 1 Master of Science Degree in Health, Jupiter, Florida Chines, Depot gillS Physical Education & Recreation - $173K, Restoration Marshall University Project Involvement: Superintendent �J 1 1 . 1, Mansion at Tuckahoe " � t ' Gredentiale Martin County, Florida d �f \ EMT 17,335 square foot restoration �j� Water Safety Instructor $3.1 Million Mnn,inn.ITuckahoe OSHA 30 -Hour Training Project Involvement: Superintendent Surfside Community Center, Surfside, Florida • ■ ► Professional & $a Million • Project Involvement: Superintendent Community Affiliations Certified General Contractor ' Jensen Beach Community Center 4 i , Jensen Beach, Florida Jupiter Keeper. Lighthouse $1 Million O ` Project Involvement: Superintendent PBSO K -9 Training Facility i 4 s t / ��" \VV� West Palm Beach, Florida ,i (LI' $1 9 Million expansion V i Project Involvement: Superintendent SurfsiJe Communih Censer t #1/ i '' .: V ' i n....1 ,,, t b` Jensen Beach Communal Cir. ®t BOYNTON '�iBEAC ICRA Mr. Rivera provides leadership and management of company's Quality ` Jose R. Rivera, Control and Safety strategies. He has worked on projects of all sizes i„.3 Jr., cGc, LEED 14P throughout the United States and Western Europe. He has administered day -to -day construction management and quality control for diverse mar - Quality Control /Safety Direc- ket sectors. His experience encompasses corporate real estate, office for buildings, libraries, healthcare, heavy industrial construction and his pro - ject type experience includes new construction, core & shell, fast - track, design - build, interiors, tenant improvements and renovation. Nib 4 :Zh ae Experience Stuart Memorial Park, Stuart, Florida Total Years: 37 years $1.7 Million Project Involvement: Quality Control /Director i 4 La ucatiori ••••• National Reconnaissance Office (NRO) Z ' BS- Building Construction, Texas A &M $7 74M Port Canaveral, Florida University Project Involvement: Project Director Q Graduate Studies, University of Texas - I Dallas Palm Beach County Judicial Center Parking IP "I'ItS . Garage Expansion West Palm Beach, Florida .._. `�J " ter' -1 40,000 SF, 2 -story $6.5M " Florida Certified General Contractor Project Involvement Project Director S LEED Accredited Professional USACE /NAVFAC Quality Management National Elections Committee Building ASHE Healthcare Construction Certificate Monrovia, Liberia, West Africa $2M, 22,000 SF ASHE Infection Control Certificate Project Involvement: Project Director ,m- ■ OSHA 10 -Hour Safety Certificate 1 11 1 OSHA 30 -Hour Safety Certificate Embry- Riddle Aeronautical University NSC First Aid, AED & CPR Administration Building Boom & Aerial Lift Safety Training $32M, Delray Beach, Florida 4...... Project Involvement: Project Management Powered Industry Truck Safety Training 4 ...... Crane Management Safety Training Parrish Medical Center Replacement Hospital Respiratory Protection Safety Training 371,000 sf; 7- Story; 210 -bed; $80,000,000 O FAA Private Pilot - Single Engine /Land Project Involvement: Owner's aii L .) PMC Diagnostic & Surgical Suites . 200,000 sf; 2 -Story; $40,000,000 c Project Involvement: Owner's Representative � 1 PMC Medical Office Building 22,000 sf; 1- Story; $4,200,000 Project Involvement: Owner's Representative .....-- C) PMC Central Energy Plant k ommal . 25,000 sf; 1- Story; $3,500,000 BOYNTON RA Tab 5 . BEACH C 2.6 Re1e-v t C ops r�tc ioh, evi Ex e lce fi fi fi P Relevant experience of projects in which Proposer performed General Contracting Firm services as outlined in this RFP are to be listed in the table • shown in Attachment "G" Statement of Relevant Construction Experience. Proposers are to exactly reproduce this table in their responses with informa- tion in accordance with the column headings shown. Notations such as "N /A" are not acceptable. If the information required in the column heading is con- sidered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects .44-""" listed should be as close as possible to the scope of the projects for this RFP. For each project listed in this table where Proposer self performed any con- struction trade, provide a separate table, listing the trades(s) provided. West Construction, Inc. and our staff has the capability, experience and expertise to perform the con - struction renovation tasks for the Jones Cottage Project. On most of our projects we have self performed concrete work, site work, carpentry, drywall, door and window installation and siding. With our firm you • can be assured you are getting the best value for your dollar. Cl • t k"") 0 BOYNTON , rRA =BEACH 1 41 "'""_ Historic Gainesville Depot Renovation Gainesville, Florida ■ . . Pr°ir t Info Proiprt fFFrdpfion 0 Owner Gainesville CRA This project consists of the complete renovation of the historic Amount $1.5M Depot Building originally built in 1860. Depot is listed on the Date Summer 2012 National Register of Historic Places and work is to be per Architect Bert Bender formed in accordance with the Secretary of Interior's Standards 305.296.1347 for Rehabilitation and standards for LEED -Gold certification by 41". Contact Diane Gilbreth 352.334.2205 the USGBC. This project involves complete rehabilitation to the Z building's core and shell and includes framing, floors, walls, ceiling, interior and exterior finishes. The work also includes Q Site Futures new structural walls, U tiIity connections, fire sprinkler system, ' Rehabilitated Doors fixtures, roofing, painting, and restorative work to hardware and Rehabilitated Windows masonry. Site work includes seeding disturbed areas from the Interior Bead Paneling installation of new utilities. ■,.... Exterior Wood Siding New Stainless Steel Hand Rails Z iR CO Services Provided , 4 General Construction Concrete IC • , Carpentry Ceramic Tile , w . ■ M Sheet Rock . r " O L 1 .., r s4,. k ".../ W ' ' ' ""'" '- BOYNTON c - ... BEAC 4 Mansion at Tuckahoe V Jensen Beach, Florida ■ . . O Project Info Project Description N illb Owner Martin County This project consisted of the complete renovation of a historic mansion. /"� Amount $3,180,861.00 The mansion and its surrounding buildings were completely restored �..ir Date November, 2009 both inside as well as out and is 17,335 SF. West received the 2010 Contact Carl Hoenes Florida Preservation Award for this project from the Florida Trust for "4"I'" Martin County Historic Preservation in recognition of outstanding achievement in the 772.288.5412 field of restoration and rehabilitation. Specialty stonework was used including marble and terrazzo tile. Decorative railings, an elevator and a commercial kitchen add to the building's amenities to make this a great venue for weddings and other social functions. 1 Site Features fiftatS Glass Glazing Marble ............• Terrazzo Tile Commercial Kitchen Z i Decorative Railings t• •�� Elevator - i , fi, I ri/ Services Provided General Construction Construction Services . • I C oncrete Carpentry Site Utilities CO ..' llf Lia3 IAA, 0 I !i ... ,. .. O k ........ .. .. ® 1 BOYNTON . �BEAC.a I R 4 Jupiter Lighthouse Keepers Building Restoration %3 Jupiter, Florida ■ g -F. i s' Prpr r' v 1f into O Owner U.S. Fish & Wildlife This project involved the restoration of an existing 525 SF, historic Amount $173,000 1920's wood frame building with a new wood boardwalk and walking Date 2010 path. The building is used as a museum for the Loxahatchee River Historical Society. An ancient brick well was discovered during con - Contact Nell Dickerson struction and is the main display of the museum, visible through glass floor panels. -t-- Site Feature New ADA compliant Boardwalk Lead paint and asbestos abatement O Historic well display ' Lighting oll HVAC h . , it t:4-- Provided Design -Build Architectural Services Construction Services ■ w 5 .. ... ,.. . -t--, ., ...„, .., . . . .. -t--- , .. .. .. n ,,,, . , . , • a , , 1 r . ,. ,,,....„ ,.,,,,,, ,r ,,,‘. , .- • , V ,.. i i . . , , . .. ..,. , kil it - - .,-,__7.0. ',..„--...„.. , :, . ..... .3 ,.„ Y tt f • BOYNTO .BEAC C R A `-- Pahokee Tiki Bar Pahokee, Florida Project Info Project Descriptir O Owner City of Pahokee This project involved designing a interior build -out of an existing shell Amount $350K structure on the banks of Lake Okeechobee. The program included a Date 2010 bar and kitchen with table -top seating. The design of the space was an tar Contact Ken Blair open layout to allow for flexible usage and arrangement of seating. 561.625 9443 Along with flexibility, the owner wanted a warm, contemporary rustic atmosphere. We achieved this using wood and stone accents. Due to 4 1.1m.' the existing vaulted ceilings there was limited space for HVAC equip - Site Features ment. We took an innovative approach to house the equipment above Bar the bar leading to a unique platform and enclosure which in turn, be- Q Table Top Seating came the focal point of the space's interior Kitchen 1 Innovative Design Easiii S Services Provided 33 Design -Build a I " i ' -‘ Tr A*, N 0 L.,/ s w �rx -. f j 1 Y � ' .11111111k ..- i f t ti 1 C i i h i 1 i i ll {fi r.r+hJ k--1 f' 4 2 ,... ..,..,.....___ , . _ F. e • • p � TAI 2‘ BOYNTON IZ r...BEAC ■ 27 Narrative of Best amal if ieal " Q Proposer shall provide a brief narrative outlining why the Proposer's organiza- ` tion is the best qualified to perform the services outlined in this RFP. • 0 West Construction, Inc. is competent in the provision of superior quality build -out construction services, Our team possesses a unique set of skills which include Design -Build Services, Engineering Services, Construction Management Services, Quality Control and Value Engineering. West bases our approach to management on proven methods of construction management processes, procedures and systems. Our team will combines our unique skill set for this CRA project "4 ( ... """ Z Our management approach is based on our expert organization, proven construction management proc- esses, procedures and systems. Our construction project experience has enabled our ability to quickly 0 , generate conceptual work plans, preconstruction submittals, provide fast track scheduling, cost control, 1 security, quality assurance and a safe work site. We have the processes and procedures in place that will provide a proven Construction and Project Management organization delineating clear lines of au- j `J thority and communication, ongoing coordination with the CRA and a detailed monitoring plan for all pro- ' -- ject and construction management services. C West Construction, Inc. is located in Lake Worth, Florida and has y " been in business since 1969 and ` is currently renovating the Histori- $,. \ • r cal Gainesville Train Depot in ,. m e north Florida. Our years of experi- _ c. i ence and enhanced capabilities _ ._ .A { 3�, 1 ' - will deliver the rapid response and a ; 1, _ f .. ...i.._ flexibility that will make this build —.= out successful. L) k w°1. 1 IS i BOYNTO Tab 7 BEACa CRA 2.8 Sa fiy pro 4.--. V If your organization has a Safety Program or procedures, please attached a copy to your Proposal and note it in your Proposal Table of Contents. 0 West Construction, Inc. employs safety policies, procedure manuals and practices which are up- dated to meet U.S. federal government require - 41... ments, which may exceed U.S. Occupational Safety and Health Administration standards. 1 4 "-. Employees are responsible for following company CCO • Zi safety policies and procedures. Company Foremen are responsible to ensure Frontline Workforce com- a pliance on a continual basis. Project Superinten- SAFETY ' dents and Project Managers are responsible for the day to day HSS compliance on the work site. The Safety Manager is responsible to perform periodic assessments of company work sites for overall u \• compliance. The Operations Manager reviews as- HEALTH S sessments and takes appropriate action if any is 3 required. The Managing Vice President and MANUAL April 2010 SAFETY MANUAL ■ • i TABLE OF CONTENTS President are apprised of any issues that cannot be corrected by the BR%SIVE.BL4 TIN( :U'ONI /KF:r:PING SET LION Operations, or Safety Manager. CONFINED SPACE ENTRY SECTION 3 HS('4 \'.0'1'15 A 'fRF2s(TIINC SEA "HON 4 Our Safety and Health Manual is over 300 O FALL PROTF:(TION SECTIONS pages. We have included the Table of Los) FIRE PROTECTION SE('r10N 4 Contents for your use and if you require FORKLIFT ' / P088 FRED INUI :s TRI.U. - TMCks SF' TI ON 6 11EARI5G(ONSFJlO'ATION ,F,�,GNN the entire document, we will provide it. 1 F.A an,. h,fr g , +n^I1 ..(u..•J.Mn J. ,.,k nnnnnu:nl Ingh rW.�.• mrv. p.wr InJI N5 JAI IIJ.CNIINATION SFZTION 9 Vi HAZARDOUS CO11511'NICA'1'ION SECTION 10 LADDERS SECTION 11 LOCKOUT - TAT; OFT SECTION 12 1)R1 \ 'EMS POLI('l SECTION 13 MOBILE ('RA \l.s AND HOISTS SECTION 14 O PERSONNEL. LIFTING/ PERSONNEL PLATFORMS SECTION 15 KESPIRO'1'ON1 PROTECTION PMOGR \NI SECTION 10 k., S:%Nr1ATMS SECTION 17 N('A FF01.n SECTION IN • ill BOYNTON RA =BEAC R 021110 TOOL SAFETY / HAND AND POWER SECTION 19 ACCIDENT AND INCIDENT REPORTING SECTION 20 • PERSONAL PROTECTION EQUIPMENT SECTION 21 Q BACK SAFETY SECTION 22 Stab FIRST AID SECTION 23 BLOODBORNE PATHOGENS SECTION 24 EYESW ASH AND SAFETY SHOWERS SECTION ZS MISCELLANEOUS FORMS SECTION 26 Job Safety Analysis. (JS41 ondJob ()mord (wows. Chid) fame to be used only when regarded by! loner or GC 146.11 RIGGING LIFTS SECTION 27 RIGGING SECTION 28 ROPE, CABLES AND SLING IISSPECTIONS SECTION 29 PROJECT SUPERINTENDENT SAFETY EVALUATION SECTION 30 The purpose of Ins section M the emanation is to a that the Sib Superintendent it fobowsng the a procedures /05 Clow when 05 Chem es nv8the emanation h GC • d we are thhe e n en brnnrxro.. Reramw +ukd that lhlsform be used for ourthreel GC work as wit 1 Cr' • swam • 4110.0 k") BOYNTO lab S - BEAC. RA 2.1 amid Control pro awe fi� fi Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of . work, acceptance, rejection, documentation and resolution of deficiencies, 0 trend analysis and corrective action and interface with building inspectors. N ib West's project delivery philosophy incorporates the basic principles of partnering: a collaborative and strategic approach, to achieve our shared objective...a building we can all be proud of and that will serve the Boynton community for many years to come. This process will actively engage CRA officials "4".' throughout the entire project. We will hold regularly scheduled coordination meetings to monitor and keep you abreast of the project's progress and keep all activities moving on -track while keeping an eye on the budget. We will address and resolve any and all issues and concerns as they might arise; avoid potential Change Orders and keep you fully informed each step of the way, with no surprises. 1 West is offering for this project a highly communicative team of professionals that will use various meth- ods of communication for effectively staying in touch with the CRA at all times. From regularly sched- uled meetings, to phone /e -mail communication, our team will be the team you will not have to be con- cerned about. You will know what is going on! We are committed to the success of this project and are • prepared to do everything we can to proactively avoid conflicts; but if conflicts should arise, we will use proven conflict resolution techniques to deal with them. Procurement System We use a purchase requisition and purchase order system in tandem. The end user initiates the pur- chase requisition with the Project Manager's approval is issued through our Project Management Sys- tem (PMS). This allows for subcontractor payment tracking back to the Project Management System: • • Project Manager and Contract Manager review invoices for subcontract compliance. Subcontrac- tors/vendors are notified of discrepancies prior to payment processing. 4 • Subcontractor /vendor invoice is entered into PMS for payment upon Project Manager and Contracts Manager approval. 0 V • Retainage is held until task is completed to our satisfaction; as applicable within contract con- straints, • After Final inspection of work, final payment is issued to subcontractor /vendor. Identify Critical Costs and Schedule Monitoring Our Project Manager will obtain the necessary project tracking tools from PMS to identify critical project costs and to monitor project schedules and projected cost to complete. Although the Project Manager Q has real time access to their project cost data, he is required as part of th project management process, i"."1 to review the respective project information weekly to identify /track critical project costs including equip- ment, labor travel, and subcontractor /vendor costs, and to monitor the schedule and projected costs -to- • • ® BOYNTON RA =BEAC■ I "4".""" complete. As part of the Project Management review process, the Project Manager will per- form Earned Value Analyses to proactively identify, report, and mitigate budget variances [ ` and schedule impacts. Subcontractor Management and Controls • We will purchase goods and services from various suppliers and subcontractors to support project execution. It will be in our best interest to use as many local craftsmen as possible. Competition among vendors will ensure best value to the Project. Management of Safety Safety is paramount during execution of all our projects. West places the highest priority on "4"1"' the safety of its employees and subcontractors. We will constantly stress our goal of "Zero Accident Performance ". Safety is integrated into our projects through SOPs, Work Plans, Site Health & Safety Plans, safety training and O briefings, oversight project and corporate safety personnel, and in spections and audits by project and corporate safety personnel. Planning Process To Minimize g oces o Project Cost And Duration • �•• Our planning process begins by reading, analyzing, and understanding all elements of the Scope of Work (SOW). We then discuss the SOW with the client to ensure we understand both the stated and implied goals. This discussion includes all aspects of work execution to include: resources, engineering requirements, performance metrics, quality control, safety, management, and known stakeholder issues. Elements of our team have operated under this planning model for numerous construction projects. We strive to balance environmental quality needs with safety, economic, and regulatory realities. The planning process is fo- \ • r cused to: Fulfill all Requirements of the SOW — The goal of our technical approach is simple - real - . ize the stated objectives of the SOW. We do not over analyze our projects — rather, we strive to create cost - effective means to achieve the objectives of the project. Efficient Use of Resources — We will integrate the right mix of resources, technical disci - L a) plines, and management processes by drawing on the assets of West and our subcontrac- tors to provide the "best value" approach to achieve the objectives. Quality Control and Safety — These two issues are front- loaded in the planning process to meet the SOW, achieve all performance metrics; „ ;, and ensure the safety of all concerned in project execution. The initial _ planning meeting specifically includes the development of quality control (rr+` Q metrics and the use of this information in meeting client expectations programmatic objectives. Site - specific safety issues are identified s p c- and considered in all phases of planning from this initial meeting through — final project closeout. BOYNTON RA :: �.BEAC.1 46"""" Technical Approach – In collaboration, West and our specialty service providers analyze the SOW for the best technical approach to project execution. This dialogue examines the ap- proach outlined in the initial technical proposal as well as application of newer approaches and technologies. Our goal is to find the right approach that is executable, defensible, and repre- sents the optimum value in consideration of site conditions and client expectations. . „ O Logistical Support – Sustained operations requires detailed planning so work can be accom- plished in an uninterrupted, expeditious, and cost - effective manner. This demands careful planning for material support, investigating local supply vendors, use of local labor where ap- propriate, local infrastructure support, etc. This attention to detail saves incalculable man - hours and ensures client satisfaction. " "6 1— Programmatic Milestones – Setting aggressive, yet realistic milestones, is important to all team members. These milestones are vetted with all participants for cost, value, realism and O executable success. Once "locked -in" these milestones are only changed based on client re- quirements or uncontrollable conditions such as weather, etc. This aggressive approach facili- 1 tates smooth workflow, timely completion /closeout, and best value to the client. %I t Stakeholder Issues – We embrace collaborating with clients, regulators, and stakeholders. g • The benefit is early buy -in of project objectives, technical issues, and understanding schedule constraints resulting in safe, cost effective - execution. Work Breakdown Structure In order to start the work aggressively, the project scope is separated into specific work com- ponents known as the "Work Breakdown Structure" (WBS). The WBS details elements or tasks from preparation and submittal of the initial 60 -day schedule to the issuance of the war- \ • , ranty at the close out of the project. The WBS will be used as the basis for development and presentation of the technical approach, project schedule and the firm fixed priced (FFP) cost estimate for this project. A simplified version of the WBS that lists the major tasks is presented 4 ....... below: • Preparation and submission of Insurance & Bonds. • Preparation and submission of major plans, reports and deliverables. 0 • Preparation of the Work Breakdown Structure (WBS). V • Preparation of the cost loaded CPM Project schedule • Preparation of submittal register. • Preparation of required construction specific plans and submittal documents. t „ • Procurement of materials and subcontractors for specialty work. �+ 1 • Mobilization of all necessary manpower, equipment, and material to the site. • Preparation of site for construction. • Initiation and completion of construction operations. • Final grading, seeding, plant vegetation, landscaping. • Demobilization of all manpower and equipment following completion, pre - final /final inspec- tions and punch lists, and government transfer and acceptance of the facility. (Real Prop- erty Form 1354), including cleanup of the site, issuance of a final report, as -built drawings, and manufacturer's warranties and operation and maintenance( O &M) manuals, certified • • • • 111 / BOYNTON =BEACH 1CR testing of systems certificates (e.g.testing, adjusting, balancing [TABS] of HVAC system) and train - �"�- ing manuals, as required. V Adherence to the procedures stipulated in a specifically approved contract Quality Control Plan, • Reviewing progress with subcontractors and/or subcontractor supervisors. • • Comparing the approved project baseline schedule against actual performance. 0 • Determining the current status of materials and supplies deliveries, by Sea or Air. S ib • Coordinating subcontractors, Locals, and in -house workforces as required. • Ensuring job -site safety and security. Coordinating any utility needs, permitting, etc., with the COR and tenants in advance of the 4... date when the work is to be done. • Witnessing tests and/or inspections performed by the QC /Safety Manager and /or assigned Inspector. Compiling and submitting required daily reports to maintain a performance audit trail and main - 1 tain the follow -up information to our customers and key project personnel. ... .% Project Controls - xttt I, mechanisms s rtt t,,tuma the imsgern anti Gtartstrtn:trcitt i r , There are four major project man- ..---- , _ ...�_, - _ .. CO agement control elements that Pr""'r' c� must be adhered to for a project d functwn lespoosia attrtm c PAe rittrorns Tactics to Ensure Control »ttrvitiu�s to be successful: (1) Project and Resource Management, (2) Cost , and Schedule Control, (3) Quality • , Control (4) Contracts/ ■ Procurement as shown in Table 1. q i Of particular importance is the contract QA /QC program, imple- mented by the QC Manager, who `'��- insures quality is met at each step with the design and construction process. Internal reviews and constructability reviews are con - ducted prior to the submittal of V I any design deliverable. Similarly, `� 1 the construction quality control officer will ensure the construction conforms to the design drawings and specification through sign -off' d of construction - required submit- , . , 1 ft "'* "'" tats and daily construction report ,, • s Of 40, QC V rep is new. k , forms. The site QC Manager will ' ol tad, wove* "e " also be certified in Construction _ : t x. r.t41. r • • mug* 40 subeom,sor 0 ' 6 4-64 vP .lq Oka t I • Ensure ornproince t✓ ro**!..,,Y P r MW* I mirtl P***:** 6 ' 'e4'w"4M #+�tt, enteen t 2 4 ..: i t. tk4CltiVEY • ESts t Verret ** , -4- , piKiNtime Par BOYNTON r(� /� ow BEACH I "^ Quality Control Course for Contractors. The project requires its , otimmiff, , __ "4"1"— own stand -alone Quality Control Plan (QCP). r� Communication and Coordination Plan To ensure effective communication and coordination, our Project 11.111. ,i • Manager (PM) will hold regular progress meetings to facilitate li 0 construction activities, schedule, safety, quality control and sub- - ---- -" "" Sib mittals. This approach enhances our ability to achieve perform- ance metrics, reduce costs, conform or accelerate schedule, resolves issues immediately, and maximize customer satisfaction. Our on -site construction management staff will be equipped with laptop computers and wireless networking for instant, remote access to e-mail, home office man- .."6"-- agement information systems, and the internet, in addition to data and telephone lines in the construction trailer. On -site communication will be conducted using cellular phones equipped Z with two -way radio capability. As part of the PMP, communication of all Key Personnel is a ne- Q cessity, including government contractors, local police, fire and ambulance /hospital. 1 Progress Meetings quiltS Our management style is based on a pro- active stance. We demand that communication lines are open to all of the project's Team Members. This is accomplished by a number of techniques: � 4 • Open communications on the job site is a necessity. • Regularly scheduled Progress Meetings with the contracting entities and subcontractors. ,�/� • Weekly Progress Meetings with the subcontractors and vendors. Li.� • Pre - preparatory and Preparatory QA /QC Meetings with each subcontractor to discuss the project's requirements. • Status reporting on RFIs, submittals, and outstanding design and project concerns. • E -mail, cellular phones, and immediate open communication. • r • Aggressive Fast Track Project Start g9 1 Two of the keys to timely, successful project completion of the construction are the prompt sub- mission and approval of all required Pre - construction submittals and the early procurement of (long lead) equipment and materials. West plans to submit the following critical Pre - construction submittals within one week after contract award: • Submission of Insurance & Performance /Payment Bonds. L •3 • Submission of the Work Breakdown Structure (WBS) & RMS /QCS set -up. • Submission of submittal register. k+ 1 • Submission of Quality Control Plan. • Submission of the Environmental Protection Plan /Facility Plan/Temporary Plan. We plan to submit the following critical Pre - construction submittals within two weeks after con- 4Z) tract award: k..... • Submission of the 60 day cost loaded CPM Project schedule. • Submission of the Waste Management Plan. .. • Submission of the Waste Water Management Plan. • BEA C BOYNT0c CRA 4"i" • Submission of the Demolition Plan. W e plan to submit the following critical Pre - construction submittals within three weeks after con - V tract award: • Submission of the final baseline cost loaded CPM Project schedule. • Submission of the Storm Water Pollution Prevention Plan. . .„ Site Mobilization /Site Preparation After approval of the required preconstruction submittals, we will mobilize to the site needed labor, material and equipment and setup the site in accordance with site preparation plan. "{"1"— Kick -off Meeting Prior to construction Initiation, we will hold an initial meeting with the stakeholders to introduce the project team, review the sequencing schedule and time -line, confirm policies and proce- dures, emergencies, lines of communication, site access, utilities, permits, etc. O It is our policy to clearly define and meet quality requirements throughout all activities and to actively promote continuous improvement in every aspect of our business. Our quality objec- tives are as follows: • • To implement procedures and provisions throughout the organization consistent with higher quality standards. • To continually evaluate the QA /QC system, seeking further improvements through regular assessment and review, • To consistently achieve compliance with all contractual and local environmental require - ments. • 1 • To actively stimulate and encourage the ongoing motivation of all our personnel to improve 4 the quality of our services. "1`"' Our policy is put into effect through a formal Quality Control Program. All of our CQC Managers have completed the USACE training course for Construction Quality Management for Contrac- tors. The project will have its own stand -alone Quality Control Plan (QCP). Introduction /Objectives The objective of this Contractors Quality Control (CQC) Plan is to define the specific activities and procedures that will be followed to assure that preconstruction, and construction activities for the proposed work, conforms to contract requirements. The on -site CQC organization shall be in accordance with the requirements of the Specifications and the Contract Documents. The onsite QC staff shall consist of: 0 • QC Manager ki") • Alternate QC Manager (when required or needed for shift work) • Materials Technicians (First Tier Subcontractor) • Site Safety and Health Officer (SSHO) • A BOYNTON � /� BEACH '\^ +.""" The QC Manager will have complete responsibility for management of the quality program for the project. The Alternate QC Manager, on site, will be available to perform submittal review and perform follow -up inspections during regular operations in the absence of the QC Manager. All members of the QC team will report directly to the QC Manager. There shall always be a Ares- • ence of the QC staff on the project at all times during the work. The QC Manager will report di- 0 rectly to the Owner and Corporate QC /Safety Manager. Dele fi ovt, 0 f QC A ii f - hour Ar of Roics "16— Corporate QC /Safety Manager: The QC /Safety Manager, will ensure, through implementation of the QA Program that effective QA/QC operations are conducted and proper direction is pro - vided to QC reviewers and checkers during the Preconstruction phase and to construction in- spector during activities. 1 Project QC Manager: The QC Manager is directly responsible to the Corporate QC /Safety Man - ager for implementation of this QC Plan. This specifically includes the responsibility to prepare and maintain the Submittal Register; to maintain test results; to conduct daily control inspections; . i and to prepare and submit the CQC Summary Reports, record material, equipment and crafts- manship inspections, deliveries, redlined drawings, corrective actions for deficiencies and rework inspections, and submittal processing. In addition, the on -site QC Manager has independent re- ZOI porting responsibility to the Corporate QC /Safety Manager. He also has full authority to stop work for deficiencies. Other duties included and performed by the on -site QC Manager in concert with the Site superintendent and PM includes: • Implementing the QC Program for the project. • Ensuring QC requirements are effectively implemented and integrated with the project techni- cal and programmatic activities. • Identifying QC requirements for subcontractors and vendors and monitoring performance. ""t".""_ • Ensuring Ensuring that appropriate QA requirements are included in subcontracts and that contract commitments are met. • Identifying requirements for sufficient staff and other resources to ensure effective implemen- tation of applicable QC requirements. • Ensuring that quality - related issues and problems are identified and that corrective actions are taken. ^ • Initiating (in consultation with the Corporate QC Program Manager and the Corporate QA �+ 1 Officer) Stop Work Orders when required. • Ensuring that local codes, standards, and regulations, as well as applicable commercial prac- tices, are appropriately specified and met. O • Ensuring that procedures for the control of work activities that affect quality are available, clearly understood, and effectively used. • Assessing training needs for project staff on each project assignment and ensuring that needed training is completed to achieve and maintain proficiency. • Implementing continual quality improvements as appropriate in assigned work areas. ® / BOYNTON! p� =BEAC 1 '1 4. Definable Features of Work This is a list of workmanship features related to the WBS that the QC Inspector (QCI) is required ` to inspect to determine if the work is acceptable (e.g., poured concrete floor has checks for den - �+ sity or strength, thickness). The list of definable features consists of several pages of inspection and specification items and is typically attached to the CQC Plan. 0 Submittals Submittal Processing. The QC Manager / Project Manager will obtain all submittals required for this project from subcontractors, suppliers, and vendors. The QCI will prepare documentation 41.. required to forward submittals to the Owners representative and the COR as required by the con- tract documents for approval. The status of all submittals will be entered on the Submittal Regis- ter and tracked. ".i."' Z Submittal Register. The QC Manager maintains the Submittal Register. It provides a detailed Q listing of all submittals required by the contract plans and specifications following the Notice to Proceed. 1 iftlit Shop Drawings Review Prior to submittal by the QC Manager, the shop drawings are reviewed and approved by the QC .."*"•-• Manager and Submittal Reviewer or his designee. The review is then documented, changes are s made if required, and the review procedure is filed *-A, _ __________ _ ....._.... _ __ _ .- - - - - -, _ _ _ ,,., Omar. «x — • ' W� _ a _. \\ .,;:: _ "r••• or......-.) -__M . YX. V .dt .,�airxvcsa BL11.bIXT It E wus 6 , i p wrt I ' �'� Y $!P W- � r L .) .am.-- - -emu'-' - ti �( . LS - ' . i it BOYNTON T$112 ....P. i R 110 Sclied'tle AGhieie4Men.'t Pvo 4 1-- Provide a time schedule for completion of the Project and describe what tech - niques are planned to assure that the schedule will be met. • . The cornerstone to successful integration of in -house tradesmen and local _ _ ,, 0 subcontractors work is scheduling. Effective scheduling can cause a project ..= === _„� _ _ Slub to running efficiently, no matter how many subcontractors are involved. �� However, ineffective scheduling can result in work stoppages, poor quality, _ confusion, and ultimately, project failure. West Construction, Inc. has a truly Ei _ _ - top -notch scheduling department within our company and have the ability to __ E ELT: successfully coordinate the work of everyone involved in our projects, no = __-_– "4"."... matter how many activities are simultaneously underway. In addition, our on _ _ e _ • site teams are very successful and experienced in coordinating the work of - everyone involved on the project. _ 'S. O We will utilize Primavera planning system software for this contract that __ 1 automatically links specific parts, and/or tasks, of the project. The critical _. ��° °- =: _. %lit deadlines and key dates are initially entered; therefore, any changes made to the schedule will trigger a "red flag" based on these deadlines and key — _-___ � dates. After the initial setup of the project schedule, actual dates are en- i I_ • tered as tasks are completed resulting in automatic shifting and adjusting of Z . the overall schedule - deadlines are left in place unless specifically changed. ZOI The scheduling software utilizes a computerized Critical Path Method (CPM) scheduling in Precedence Diagramming Method (PDM) format. This software package allows us the ability to integrate cost and schedule controls into a sin- gle reference. All schedules will be resource - loaded and illustrated in a time - scaled bar chart format supported by logical relationship - listing all predecessor and successor activities. We will develop all required Work Breakdown Structures (WBS) for the complete project, which will be the hierarchical structure of all the tasks required to execute ■ • r all aspects and phases of this Project. Our process begins with creating an Executive Level baseline schedule identifying the overall goals (milestones) of the project. We will work closely with the VA contracting representative in developing the major milestones, phasing requirements and coordination efforts for the master schedule generation. We will meet with all subcontractors and get their input to breakdown the project into tasks of the work (WBS) to determine the planned timing and phasing 0 requirements. We will establish which tasks need to be completed before others can begin, which tasks can be com- V pleted simultaneously, and any external constraints that affect when a task can take place. This modeling of rela- tionships between tasks develops a realistic and workable schedule. The levels of the Work Breakdown Structure (WBS) shall follow the format below: 1 • Level 0- Overall Contract Program • Level 1- Area/Type of Work • Level 2- Phase - (Design Phase, Permitting Phase, procurement Phase, Construction Phase) • Level 3- Discipline Phase /Function • Level 4- Work Package O • Level 5- Group of Deliverables /Documents f'"/ • • Level 6 Task/Activity Once awarded the contract, we integrate the resources (people, equipment, and materials) and budgeted cost into the system. This provides the tool to track and troubleshoot the project by determining if the work is progressing on schedule and dealing with unforeseen elements that may threaten the timely completion of the project. t D 0 Z w r. 0 N c E o 0 U c m g N ¢ E V t o 0 N .4- -, L U o 0 Z c d a W u W 2 N o n d n aLL C O N N C O ... O N t A E N 1 O W E 7 r N y C LL tO Q a y c LL l e i c. . m 5 c m0 5 0 0 ' c S. MD E .E & > a I i ffi t w x, d c � IJUJ u n m m S2 U L ; J i C E G A LL fO C .Q N e. O C N — • 0 Q t. 0 c o L w g 57 = U o cc,/ t NE C N cc 3 z Y. 2 RI o U C � c CD a o ci I U N 1. 1 m 7 a d = y� •. o ° c O i+ ` N **7.. U T5 c o 0 0 2 l i , ' N E m 0 C • i 0 E e m C w N n N co CL t a V co IE M c W C ( N N CV N N N N N N N N N N N N N N N N N N ^ N ' N CV a m m k s 6 t t 6 t 6 6 6 i i# ; i a C d A 1- tO 6 6 6 N -- N 4 o' g r t) O N tb .b 6 y t6 6 .6 A d O ('7 .— N .— O '- N N N N N 0 v- — N N N N 0 v. 04 N / O N g ev N p 04 N q P4 N N N N N N N N'" N N L W i � Q Q Q 4- 4 Q E.... r2 . 4 = 7 O 7 QS N tb (6 6 rL 6 6 6 .6 6 A 6 6 N 6 d 6 6 6 r �, 6 $ ) ab E N 0 .- N O . .— N 04 t") 0 0 N 01 N N 0 0 n cn N 0 0 0 th t7 N u) O O N r) O t7 V V CI O N M M N N t7 O )O O Y O I I. n Q E 0) Y c w a a c 'y w 'v § u .m V B w I1II h1I 1 i!iII J ! I I 1 d i c c S m a tO a 2 i 2 J 1 o I,` c d C d' U 2 • i ` c ' a o_ U ; h U c c c c c c c u 4 e u� T a 5 ti to 2 5_ _ ' � BOYN p lab io �..BEAC TO RA 2] M/WBE Pro awt V y Februar 23, 2012 . Boynton Beach Community Redevelopment Agency (CRA) 710 N. Federal Highway Boynton Beach, FL 33435 Subject Jones Cottage Commercial Interior Build -Out Project M/WBE Program To Whom It May Concern: West Construction, Inc. is committed to including MIWBE subcontractors to not only meet, but exceed, any goals set by the Boynton Beach Community Redevelopment Agency (CRA). 1 Sincerely, • Signed document in hard copies. ZO Martha A. Morgan President West Construction, Inc. 0 0 NNW BOYNTON Tatb ....�BEAC. ICR� 2J2 St4i9covitractors 4 February23,2012 Boynton Beach Community Redevelopment Agency (CRA) 710 N. Federal Highway Boynton Beach, FL 33435 Sib . r Subject: Jones Cottage Commercial Interior Build -Out Project Subcontractors To Whom it May Concern: West Construction, Inc., once selected for the Construction Phase Contract for the Jones Cottage Commercial Interior Build -Out Project, shall periodically throughout the term of the term of the Contract, provide the CRA with an updated list of all subcontractors working on the Project. 4.1S Sincerely, ' •.... Signed document in hard copies. Martha A. Morgan • President West Construction, Inc. • Q V �1 Tab BOYNTON ry RA ...BEAC • 3.0 ah.o( Costs "4" 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attach- . ment "J" Proposal. The scope of the Construction Firm's Work consists of the • totality of the Construction Firm's duties and obligations under the Contract Q Documents. Please see Attachment J. 3.2 Labor Rates "4"1"— Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. To be determined. This information will be provided upon award of contract. 3.3 Self Perform "ftt Identify all work your firm would propose to self - perform for this program in recognition that such work would be competitively bid and awarded at the • CRA's sole discretion. West Construction, Inc. has self - performed concrete work, site work, carpentry, drywall, door and window installation and siding. Whatever is most fiscally advantageous for the CRA will dictate what work is self - performed by our firm. 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firm's cur - rent bonding limit and rating. Complete and include Attachment "K" Pro - posal Bond. Do not include bond costs in your fee or General Conditions. Please see attached letter from our bonding company and Attachment K. 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. f _ Please see attached samples of cost reporting formats. 0 k mw1" / • • NI t ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 710 North Federal Highway Boynton Beach, FL 33435 Release Date: February 23 , 2012 Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL - JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Proposal Received February 23 , 2012. Proposals must be received in their entirety by By: the Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for February 23, 2012, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: West Construction, Inc. Federal LD. Number: 59 - 1809068 A Corporation of the State of: Florida Telephone Number: ( 56 ) 588 _ 2027 Fax Number: ( 561 ) 582 _ 9419 Mailing Address: 318 South Dixie Highway Suite 4-5 City: Lake Worth state: Florida Zi 33460 Vendor Mailing Date: Not applicable ,v Authorized ignature Martha A. Morgan, Predawn' 4.._ Name (Printed or Typed) Boynton Beach Community Redevelopment Agency 17 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "J" PROPOSAL Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract Documents. Having studied the documents prepared by: REG Architects and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: S 247, 568.00 Two hundred forty -seven thousand five hundred sixty -eight Dollars and zero Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within 75 calendar days thereafter. X (1) Original and four (4) copies of proposal submitted. X Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. X Schedule of Subcontractor(s) submitted. X Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. Boynton Beach Community Redevelopment Agency 23 Jones Cottage Commercial Interior Build -out Project • The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date 02/23/2012 West Construction, Inc. Name of Proposer, Corporation, Firm or divitjal By: 7 - Signature Martha A. Morgan Printed/Typed Name President Title (561) 588 -2027 Telephone Number Florida Contractor's License Number: CBCO57038 / CGC1516626 Boynton Beach Community Redevelopment Agency 24 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "K" PROPOSAL BOND STATE OF Florida ) COUNTY OF Palm Beach KNOWN ALL MEN BY THESE PRESENTS, that West Construction, Inc. as Principal, and Arch Insurance Company , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach Communitv Redevelopment Agency in the penal sum of Five Percent of Amount Bid Dollars ($ —5%---) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated February 23, 2012 , 201Xig for: Jones Cottage Commercial Interior Build —Out Project NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. (Proposal Bond Continued) Boynton Beach Community Redevelopment Agency 25 Jones Cottage Convnercial Interior Build -out Project IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this 23rd day of ' February „__ -- , 20j, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body PRINCIPAL: West Construction, Inc. Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses we required.) (If Corporation, Secretary only will attest and affix Seal.) Winans Signature wisaass . / Secretary S tore Autborlt d i :� AMx ' ' Martha A. Morgan President Title 318 South Dixie Highvao, Suite 4-5 Business Address Lake Worth. Florida 33460 City and State SURETY: Arch Insurance Cosipaay Corporate Surety WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are requires (If Corporation, Secretary only will attest and affix Seal.) as per attached Power of Attorney wifta Signature ULA.I p1 Attorney -in -Fact (MTh Seal) D. Michael Stevens Collin/worth. Altej. Lambert, Li r, Name of Local Insurance Agency 23 Eganfuatee Street, #102 Business Address — - Jupiter, Florida 33477 City and State Boynton Beach Connmmity Redevelopment Agency Jones Cottage Commercial Interior Build -out Project og �,� AL A 23 EG.ANFUSIEE STREET 'Y SUITE 102 tri JUPITER, FLORIDA 33477 LLC TELEPHONE (561) 776 -9001 y FACSIMILE (561) 427 -6730 Building Relationships www.calinc.com February 22, 2012 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 RE: WEST CONSTRUCTION, INC. JONES COTTAGE COMMERCIAL INTERIOR BUILD-OUT PROJECT To whom it may Concern: West Construction, Inc. is held in the highest regard and we consider them to be one of our finest clients. They possess an immaculate record and over the years have demonstrated their expertise in all facets of construction. Please be advised that West Construction, Inc. is qualified to handle a project such as the above captioned and should a contract be awarded to and accepted by West Construction, Inc., it is the present intent of Arch Insurance Company to provide the required Performance and Payment Bonds. It is understood, however, that any arrangement for the Performance and Payment Bonds is a matter between West Construction, Inc. and ourselves and we assume no liability to third parties if for any reason we do not execute said bonds. Please be advised that Arch Insurance Company supports a $25MM single job / $100MM total work program for West Construction, Inc. Arch Insurance Company is licensed to do business in the State of Florida and our A.M. Best rating is A +XV. Y . , � truly, D. chael Stevens Attorney -in -Fact Arch Insurance Company AlC 0000018039 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the sots of liana named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Not Loan, Letter of Credd. Bank DeposR, Currency Rate, Interest Rate or ResrdentwJ Value Guarantees, POlift OF ATTORNen, , Jti Know Ali Persons By Theae Presents That the Arch Insurance Company, a corporation organized and existing under the taws of the State of Missouri having its pnnc )pal administrative office in Jersey City. New Jersey (hereinafter referred to as the "Company") by appoint Ra D Michael Stevens and Don A lambert of Jupiter, FL (EACH) its true and lawful Attumey(s)in -Fact, to make execute, seal. and deliver from the date of issuance of this power for and on its behalf as surety. and as its act and deed Any and all bonds, undertakings, recognlzances and other surety obligations, in the penal aurn not exceeding Ninety Million Dollars (590.000.000 00). This authority does not permit the same obligation to be split into two or more bonds In order to bnng each such bond within the dollar limit of authority as set forth herein The execution of such bonds undertakings recognizanoes and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly efeed officers at its pnnctpai administrative office in Jersey City. New Jersey This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011 true and accurate copies of which are hereinafter set forth and ate hereby certified to by the undersigned Secretary as being in full force and effect: - VOTED, That the Chairman of the Board, the President, am the Executive Vice Piesident or any Senior Vice President, of the Surety Business Division, or their appointees designated in venting and filed with the Secretary, ur the Secretary shell have the power and authority to appoint agents and attorneys -tn -fact and to aut onzn them subieci to the limitations set forth in Mee respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds_ undertakings, recognc..ances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.° This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15. 2011 VOTED- That the signature of the Chairman of the Board. the Presideni, or the Executive Vice President, or any Senior Vice President, of the Surety Business Dnnsiuri . or thew appointees designated in wrrtin9 and filed with the Secretary, end the signature of the Secretary . the seal of the Company, end certifications by the Secretary. may be affixed by facsimile on any pemeir of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so exeraited, sealed and certified with respect to any bond or undertaking to which it is attached shall continue to he valid and binding upon the Company 00ML0013 00 03 03 Page 1 of 2 I till i nrrted to U S.A. st 12:54 PM WEST CONSTRUCTION, INC. 02/23/12 COST REPORT for HISTORIC GAINESVILLE DEPOT All Transactions Act. Cost Act. Revenue ($) DIff. Service 101 - GENERAL CONDITIONS 1000-1306 ROOM AND BOARD 9,193.73 0.00 - 9,193.73 1000 -1303 TRAVEL COSTS 431.19 0.00 - 431.19 1000- 1000.17 POSTAGE & HANDLE 282.22 0.00 - 282.22 1000 - 1000.05 SITE OFFC SUPPLIES 264.12 0.00 - 264.12 1000 - 1000.04 TEMP UTIL & PHONE 1,238.23 0.00 - 1,238.23 1000 - 1301.04 Permits 9,633.64 0.00 - 9,633.64 1000 - 1310.03 Project Manager 14,473.69 0.00 - 14,473.69 1000 - 1310.01 Superintendent 48,966.26 0.00 - 48,966.26 1000 -1099 FUEL AUTO SUPER 2,969.69 0.00 - 2,969.69 1000 - 1500.1 TEMP LABOR 1,664.00 0.00 - 1,664.00 1000 -1303 GENERAL CONDT 229.52 0.00 - 229.52 1000 -1540 SAFETY 1,534.12 0.00 - 1,534.12 1000 -1310 PROJ MANG/ SUPER 4,365.04 0.00 - 4,365.04 1000 -1301 BOND / INS 16,978.86 0.00 - 16,978.86 1000 -1315 PERMIT ALLOW 136.64 0.00 - 136.64 1000 -1500 TEMP 4,982.68 0.00 - 4,982.68 1000 -1590 EQUIP RENTAL 1,788.51 0.00 - 1,788.51 1000 -1740 CONTINUOUS CLEAN UP 45,986.35 0.00 - 45,986.35 Total 101 - GENERAL CONDITIONS 165,118.49 0.00 - 165,118.49 102 -SITE 2000 -2315 M- EXCAVATE /FILLIHAUL 1,731.34 0.00 - 1,731.34 2000 -2225 M- DEMOLITION 604.55 0.00 - 604.55 Total 102 -SITE 2,335.89 0.00 - 2,335.89 103- CONCRETE 3000 -3300 G -GEN. CAST IN PLACE 2,037.44 0.00 - 2,037.44 3000 -3100 M -CONC. FORMS, MISC 31,423.90 0.00 - 31,423.90 3000-3300 M -CAST IN PLACE 532.33 0.00 - 532.33 Total 103 - CONCRETE 33,993.67 0.00 - 33,993.67 105 - METALS 5000 -5100 M- STRUCTURAL STEEL 1,899.72 0.00 - 1,899.72 Total 105 - METALS 1,899.72 0.00 - 1,899.72 106 -WOOD &PLASTIC 6000 -6100 M -ROUGH CARPENTRY 698.67 0.00 - 698.67 6000 -6110 M -W000 FRAMING 53,708.60 0.00 - 53,708.60 Total 106- WOOD &PLASTIC 54,407.27 0.00 - 54,407.27 108 - DOORS &WINDOWS 8000 -8100 M -METAL DOORS 9,634.48 0.00 - 9,634.48 Total 108 -DOORS &WINDOWS 9,634.48 0.00 - 9,634.48 109- FINISHES 9000 -9900 M- PAINTS & COATINGS 38.44 0.00 -38.44 9000 -9201 M- STUCCO 183.60 0.00 - 183.60 9000 -9250 M-LJG METAL FRAMING 8,311.11 0.00 -8,311.11 Total 109- FINISHES 8,533.15 0.00 - 8,533.15 114- CONVEYING SYS Page 1 12:54 PM WEST CONSTRUCTION, INC. 02/23/12 COST REPORT for HISTORIC GAINESVILLE DEPOT All Transactions Act. Cost Act. Revenue ($) DIff. 14000 -14400 E -LIFTS 10,294.00 0.00 - 10,294.00 Total 114 - CONVEYING SYS 10,294.00 0.00 - 10,294.00 115- MECHANICAL 15000 -15700 M- MATERIAL 2,482.40 0.00 - 2,482.40 15000 -15700 S- SUBCONTRACT 4,500.80 0.00 - 4,500.80 15000 -15400 S- SHOWER BASES 32,195.00 0.00 - 32,195.00 Total 115 - MECHANICAL 39,158.20 0.00 - 39,158.20 116- ELECTRIC GENERAL 16000 -16050 S -ELECT BLDG 4,300.00 0.00 - 4,300.00 Total 116- ELECTRIC GENERAL 4,300.00 0.00 4300.00 LUMP SUM 0.00 342,007.00 342,007.00 Total Service 329,874.87 342,007.00 12,332.13 No item 100.00 0.00 - 100.00 TOTAL 329,774.87 342,007.00 12,232.13 Page 2 I ■ 12:55 PM WEST CONSTRUCTION, INC. 02123/12 COST REPORT for MANSION AT TUCKAHOE All Transactions Act. Cost Act Revenue ($) DIff. Service 117- CHANGE ORDERS 17000- M CHANGE ORDER 28,495.36 0.00 - 28,495.36 17000 - S- CHANGE ORDER 11,789.00 0.00 - 11,789.00 Total 117- CHANGE ORDERS 40,284.36 0.00 - 40,284.36 101- GENERAL CONDITIONS 1000 - 1310.01 Superintendent 532.12 0.00 - 532.12 1000 -1099 FUEL AUTO SUPER 75.00 0.00 -75.00 1000 -1800 56.65 0.00 -56.65 1000 -1303 GENERAL CONDT 115.58 0.00 - 115.58 1000 -1450 TESTING 1,970.00 0.00 - 1,970.00 1000 -1310 PROJ MANG/ SUPER 155,898.17 0.00 - 155,898.17 1000 -1301 BOND / INS 59,427.37 0.00 - 59,427.37 1000 -1500 TEMP 12,073.39 0.00 - 12,073.39 1000 -1590 EQUIP RENTAL 5,403.45 0.00 - 5,403.45 1000 -1700 PUNCH LIST 1,654.24 0.00 - 1,654.24 1000 -1740 CONTINUOUS CLEAN UP 71,641.46 0.00 - 71,641.46 Total 101- GENERAL CONDITIONS 308,847.43 0.00 - 308,847.43 102 -SITE 2000 -2315 M- EXCAVATE /FILL/HAUL 3,525.06 0.00 -3,525.06 2000 -2630 M -SITE STORM 820.11 0.00 - 820.11 2000 -2750 M- IRRIGATION 5,963.45 0.00 -5,963.45 2000 -2820 M- FENCES & GATES 910.45 0.00 - 910.45 2000 -2510 M -SITE WATER 6,087.70 0.00 - 6,087.70 2000 -2310 M- GRADING 99.01 0.00 -99.01 2000 -2230 M -CLEAR & GRUB 242.22 0.00 - 242.22 2000 -2225 M- DEMOLI11ON 50,673.04 0.00 - 50,673.04 2000 -2820 S- FENCES & GATES 970.00 0.00 - 970.00 2000 -2750 S- IRRIGATION 14,500.00 0.00 - 14,500.00 2000 -2370 M -SOIL EROSION 424.42 0.00 - 424.42 2000 -2510 S- SITE WATER 2,500.00 0.00 - 2,500.00 2000 -2830 M- RETAINING WALL 20844 0.00 - 208.44 Total 102 -SITE 86,923.90 0.00 - 86,923.90 103- CONCRETE 3000-3350 M- CONCRETE FINISHING 5,890.00 0.00 - 5,890.00 30003100 M -CONC. FORMS, MISC 701.08 0.00 - 701.08 3000 -3300 M -CAST IN PLACE 81,815.43 _ 0.00 - 81,615.43 Total 103 - CONCRETE 88,206.51 0.00 .88,206.51 104- MASONRY 4000 -4735 S -CAST STONE 35,750.00 0.00 - 35,750.00 4000 -4270 M -GLASS MASONRY 5,962.83 0.00 -5,962.83 4000 -4200 M- CONCRETE MASONRY 16,284.51 0.00 - 16,284.51 Total 104- MASONRY 57,997.34 0.00 - 57,997.34 105- METALS 5000 -5550 S -STAIR TREADS 810.00 0.00 - 810.00 5000 -5520 S -METAL HANDRAILS 44,363.20 0.00 -44,363.20 5000-5500 S- METALS FABRICATION 7,764.00 0.00 - 7,764.00 5000 -5520 M -METAL HANDRAILS 9,133.82 0.00 - 9,133.82 5000 -5700 S- ORNAMENTAL METAL 1,322.80 0.00 - 1,322.80 5000 -5100 M- STRUCTURAL STEEL 5,266.70 0.00 - 5,266.70 Total 105- METALS 88,660.52 0.00 -68,660.52 106- WOOD &PLASTIC Page 1 12:55 PM WEST CONSTRUCTION, INC. 02123/12 COST REPORT for MANSION AT TUCKAHOE All Transactions Act- Cost Act. Revenue ($) D K 6000 -6130 M -HEAVY TIMBER 3,460.32 0.00 - 3,4.60.32 8000 -6100 M -ROUGH CARPENTRY 6,067.25 0.00 - 6,067.25 6000 -6110 M -WOOD FRAMING 76,116.55 0.00 - 76,118.55 6000 -6200 M- FINISH CARPENTRY 10,097.78 0.00 - 10,097.78 6000 -6220 S-MILL WORK 48,150.00 0.00 -48,150.00 Total 106 -W OOD&PLASTIC 143,891.90 0.00 - 143,891.90 107- THERMAL&MOISTURE 7000 -7900 S-JOINT SEALERS 4,055.00 0.00 - 4,055.00 7000 -7840 S- FIRESTOPPING 5,430.00 0.00 -5,430.00 7000 -7210 M- INSULATION 2,455.41 0.00 - 2,455.41 7000 -7510 S- BUILT -UP ROOFING 14,899.00 0.00 - 14,899.00 7000 -7410 S -METAL ROOF & 15,120.45 0.00 - 15,120.45 7000 -7710 S -ROOF, SPECIALTIES 6,130.55 0.00 -6,130.55 7000 -7100 M- DAMP - PROOFING 2,390.74 0.00 - 2,390.74 7000 -7210 S- INSULATION 1,975.00 0.00 - 1,975.00 Total 107- THERMAL&MOISTURE 52,456.15 0.00 - 52,456.15 108- DOORS&WINDOWS 8000 -8800 S- GLAZING 110,891.00 0.00 - 110,891.00 8000 -8700 S -DOOR HARDWARE 1,826.00 0.00 - 1,826.00 80004800 M- GLAZING 768.00 0.00 - 768.00 8000 -8330 S- COILING & OVERHEAD 13,723.00 0.00 - 13,723.00 8000 -8310 M- ACCESS DOORS 2,412.74 0.00 - 2,412.74 8000 -8400 M- ENTRANCE & STOREFRT 69,761.38 0.00 - 69,761.38 8000 -8200 M -WOOD & PLASTIC 231.64 0.00 - 231.64 8000 -8700 M -DOOR HARDWARE 121,705.31 0.00 - 121,705.31 8000 -6100 M -METAL DOORS - 25,910.53 0.00 25,910.53 Total 108- DOORSBWI N DOW S 295,408.54 0.00 - 295,408.54 109 - FINISHES 9000 -9250 S -UG METAL 12,670.00 0.00 - 12,670.00 9000 -9201 S- STUCCO 31,100.00 0.00 - 31,100.00 9000 -9200 S- PLASTER & GYPSUM BO 5,300.00 0.00 - 5,300.00 9000 -9680 S- CARPET 13,627.59 0.00 - 13,627.59 9000-9658 S- RESILENT FLOORING 1,821.25 0.00 - 1,821.25 9000 -9400 S- TERRAZO 68,054.00 0.00 - 68,054.00 9000 -9300 S- CERAMIC TILE 17,400.00 0.00 - 17,400.00 9000 -9200 M- PLASTER & GYPSUM 543.99 0.00 - 543.99 9000 -9900 S- PAINTS & COATINGS 79,487.16 0.00 - 79,487.16 9000 -9201 M- STUCCO 52,408.58 0.00 - 52,408.58 9000 -9205 M- LATHING 12,972.18 0.00 - 12,972.18 9000 -9250 M -UG METAL FRAMING 5,456.89 0.00 -5,456.89 Total 109- FINISHES 300,841.64 0.00 - 300,841.64 110-SPECIALTIES 10000 -10520 M -FIRE PROTECTION 591.18 0.00 - 591.18 10000 -10500 M- LOCKERS 950.50 0.00 -950.50 10000 -10800 M -BATH ACCESSORIES 36.02 0.00 -36.02 10000 -10400 M- SIGNAGE 298.20 0.00 - 298.20 10000 -10800 M- TOILET ACCESC 4,148.45 0.00 -4,148.45 10000 -10300 S- FIREPLACES 4,899.00 0.00 -4,899.00 10000 -10155 S- TOILET COMPARTMEN 52.36 0.00 -52.38 10000 -10400 S-SIGNAGE 8,964.00 0.00 - 8,964.00 10000 -10520 S -FIRE PROTECTION 179.99 0.00 - 179.99 Total 110 - SPECIALTIES 20,119.70 0.00 - 20,119.70 111- EQUIPMENT Page 2 ■ 12:55 PM WEST CONSTRUCTION, INC. 02/23/12 COST REPORT for MANSION AT TUCKAHOE All Transactions Act. Cost Act. Revenue ($) DIff. 11000 -11400 S -FOOD SERVICE EQUI 16,738.92 0.00 - 16,738.92 11000 -11400 M -FOOD SERVICE EQUI 13,563.94 0.00 - 13,563.94 Total 111 - EQUIPMENT 30,302.86 0.00 -30,302.86 114-CONVEYING SYS 14000 -14200 S- ELEVATOR 58,700.00 0.00 - 58,700.00 14000 -14200 M- ELEVATOR 1,452.03 0.00 - 1,452.03 Total 114 - CONVEYING SYS 80,152.03 0.00 - 60,152.03 115- MECHANICAL 15000 -15400 M- SHOWER BASES 254.31 0.00 - 254.31 15000 -15700 S- SUBCONTRACT 662,249.55 0.00 - 662,249.55 15000 -15500 S -FIRE PROTECTION 59,550.00 0.00 - 59,550.00 15000 -15400 S- SHOWER BASES 66,928.50 0.00 - 66,928.50 Total 115- MECHANICAL 788,982.36 0.00 - 788,982.36 116- ELECTRIC GENERAL 16000 -16000 - 5- ELECTRICAL 36,4.35.00 0.00 - 36,435.00 16000 -16050 S -ELECT BLDG 315,365.64 0.00 - 315,365.64 16000 -16056 S -ELECT BLDG ROUGH 1,120.50 0.00 - 1,120.50 Total 116- ELECTRIC GENERAL 352,921.14 0.00 - 352,921.14 LUMP SUM 0.00 3,330,905.17 3,330,905.17 Total Service 2,695,996.38 3,330,905.17 634,908.79 No Item 43,454.59 0.00 - 43,454.59 TOTAL 2,739,450.97 3,330,905.17 591,454.20 Page 3 12 :57 PM WEST CONSTRUCTION, INC. 02/23112 COST REPORT for JUPITER LIGHTHOUSE KEEPERS All Transactions Act. Cost Act. Revenue ($) Diff. Service 117- CHANGE ORDERS 17000- M CHANGE ORDER 4,978.06 0.00 - 4,978.06 Total 117- CHANGE ORDERS 4,978.06 0.00 - 4,978.06 101- GENERAL CONDITIONS 1000 -1099 FUEL AUTO SUPER 1,910.84 0.00 - 1,910.84 1000 -1019 FUEL FOR EQUIPMENT 39.72 0.00 - 39.72 1000 - 1500.1 TEMP LABOR 172.15 0.00 - 172.15 1000 -1450 TESTING 115.00 0.00 - 115.00 1000 -1310 PROJ MANG/ SUPER 12,116.17 0.00 - 12,116.17 1000 - 1301 BOND/ INS 2,301.79 0.00 - 2,301.79 1000 - 1500 TEMP 1,075.79 0.00 - 1,075.79 1000 -1590 EQUIP RENTAL 206.12 0.00 - 206.12 1000 -1740 CONTINUOUS CLEAN UP 1,956.98 0.00 - 1,956.98 Total 101- GENERAL CONDITIONS 19,894.56 0.00 - 19,894.56 102 -SITE 2000 -2340 M -STABILIZED SUBGRA... 85.14 0.00 - 85.14 2000 -2060 M- LIME ROCK 681.80 0.00 - 681.60 2000 -2315 M- EXCAVATE/FILL/HAUL - 873.97 0.00 873.97 2000 -2775 M- SIDEWALKS 269.38 0.00 - 269.38 2000 - 2310 M - GRADING 1,832.24 0.00 - 1,832.24 2000 -2225 M- DEMOLITION 86.45 0.00 - 86.45 2000 -2360 0 -SOIL TRATMENT 125.00 0.00 - 125.00 Total 102 - SITE 2,205.84 0.00 - 2,205.84 103 - CONCRETE 3000 -3100 M-CONC. FORMS, MISC 601.83 0.00 - 601.83 3000 -3300 M -CAST IN PLACE 4,004.90 0.00 - 4,004.90 Total 103 CONCRETE 4,606.73 0.00 - 4,606.73 106- WOOD &PLASTIC 6000 -6430 M- STAIRS & RAILINGS 961.67 0.00 - 961.67 6000 -6150 M- DECKING & SHEATING 132.40 0.00 - 132.40 6000 -6100 M -ROUGH CARPENTRY 23,033.56 0.00 - 23,033.56 6000 -6110 M -WOOD FRAMING 1,962.53 0.00 - 1,962.53 6000-6200 M- FINISH CARPENTRY 4,871.49 0.00 - 4,871.49 Total 106 WOOD &PLASTIC 30,961.65 0.00 - 30,961.65 107- THERMAL &MOISTURE 7000 -7510 M- BUILT -UP ROOFING 143.99 0.00 - 143.99 7000 -7300 M- SHINGLES, ROOF TIL 357.80 0.00 - 357.80 7000 -7590 M -ROOF MAINTENANCE 856.98 0.00 - 856.98 7000 - 7240 M - EIFS 2,695.43 0.00 - 2,895.43 7000 -7100 M -DAMP- PROOFING 63.88 0.00 - 63.88 Total 107- THERMAL&MOISTURE 4,118.08 0.00 - 4,118.08 108 DOORS&WINDOWS 8000 -8550 M -WOOD WINDOWS 1,019.20 0.00 - 1,019.20 8000 -8310 M- ACCESS DOORS - 67.02 0.00 67.02 8000 -8200 M -WOOD & PLASTIC 2,770.89 0.00 - 2,770.89 8000 -8100 M -METAL DOORS 2,053.70 0.00 - 2,053.70 Page 1 ■ 12:57 PM WEST CONSTRUCTION, INC. 02/23/12 COST REPORT for JUPITER LIGHTHOUSE KEEPERS All Transactions Act. Cost Act. Revenue ($) Diff. Total 108 - DOORS &WINDOWS 5,776.77 0.00 - 5,778.77 109 - FINISHES 9000 -9900 S- PAINTS & COATINGS 5,240.00 0.00 -5,240.00 9000 -9201 M- STUCCO 316.30 0.00 - 316.30 Total 109 - FINISHES 5,556.30 0.00 - 5,556.30 113 - SPECIAL CONST 13000 -13120 M -PRE ENGINEERRED 100.38 0.00 - 100.38 13000 -13120 S -PRE ENGINEERRED 17,900.00 0.00 - 17,900.00 Total 113 - SPECIAL CONST 18,000.38 0.00 - 18,000.38 115 - MECHANICAL 15000 -15400 M- SHOWER BASES 10.77 0.00 -10.77 15000 -15700 5- SUBCONTRACT 3,850.00 0.00 - 3,850.00 Total 115 - MECHANICAL 3,860.77 0.00 - 3,860.77 116- ELECTRIC GENERAL 16000 -16050 M -ELECT BLDG 455.35 0.00 - 455.35 16000 -16050 S -ELECT BLDG 6,718.29 0.00 - 6,718.29 16000 -16051 S -ELECT DECK 435.60 0.00 - 435.60 Total 116- ELECTRIC GENERAL 7,609.24 0.00 - 7,609.24 LUMP SUM 0.00 221,214.98 221,214.98 Total Service 107,568.38 221,214.98 113,646.60 No item 20,622.46 0.00 - 20,622.46 TOTAL 128,190.84 221,214.98 93,024.14 • Page 2 Boynton Beach CRA 710 N Federal Highway Boynton Beach, FL 33435 JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT PROJECT SCHEDULE OF VALUES Division 1 - General Requirements $ 9,800.00 Division 2 - Site Construction $ 3,300.00 Division 3 - Concrete $ 3,000.00 Division 4 - Masonry $ 444.00 Division 5 - Metals $ 555.00 Division 6 - Wood and Plastics $ 73,000.00 Division 7 - Thermal and Moisture Protection $ 3,700.00 Division 8 - Doors and Windows $ 3,300.00 Division 9 - Finishes $ 15,000.00 Division 10 - Specialties $ 7,900.00 Division 11 - Equipment $ 38,850.00 Division 12 -Not Used N/A Division 13 - Not Used N/A Division 14 - Not Used N/A Division 15 - Mechanical $ 38,000.00 Division 16 - Electrical $ 50,719.00 Total Bid Amount $ 247,568.00 Note: Permit fees excluded Submitted by: WEST CONSTRUCTION, INC. 318 S. DIXIE HWY., SUITE 4 -5 LAKE WORTH, FL 33460 -4452 PH: 561 -588 -2027 FX: 561- 582 -9419 .,, n_tructioninc.net C.& J. DESIGN • BUILD PROPOSAL FOR JONES COfAGF COitiiNILRC1AL EUILD -OUT nR(OiE Response to General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Build -out Project Date Issued: January 23, 2012 BY: Christopher Johnson Construction Corp, dba C & J Design and Build 204 Southeast 24th Avenue Boynton Beach, Florida 33435 T 561.504.6988 F 561.404.0603 C&J Design end Build 204 SE 24th Ave Boynton Beach. Fl 334 35 T 561.504.8888 F 581•404.6083 C&J Design and Build TABLE OF CONTENTS 2.2 Proposer's Location and Registration 3 2.3 Organizational Components 3 2.3.1 Proposer's History 3 2.3.2 Age of Organization 3 2.3.3 Leadership 3 2.3.4 Failure to Complete or Default 3 2.3.5 Liquidated Damages 3 2.3.6 Legal Actions 3 2.3.7 Projects Underway. 3-4 2.3.8 Five Year Volume of Work 4 - 5 2.3.9 Safety History 6 2.3.8.1 Worker's Compensation Rate 6 2.3.8.2 Safety Record 6 2.4 Fiduciary Responsibility 6 2.5 Organization and Project Personnel Qualifications 6 2.5.1 Organization 6 2.5.1.1 Construction Services On -Site 6 2.5.1.2 Home Office Direct Support During the Construction Phase 6 -7 15.2 Resumes attached 7 2.6 Relevant Construction Experience see Attachment "G" 8 -9 2.7 Narrative of "Best Qualified" 9 2.8 Safety Program 9 2.9 Quality Control Program 9 2.10 Schedule Achievement Program 9 2.1 1 MNVBE Program 10 2.I2 Subcontractors 10 2.13 Drug -Free Workplace Certification 10 3.0 PRICING AND COSTS 10 3.1 Construction Services Price Proposal and Related Costs 3.2 Labor Rates 3.3 Self Perform 3.4 Proposal Bond 3.5 Cost Reporting Proposal for Ruth Jones Cottage 1 IIIIIIIIIII CUJ Design and Build ATTACHMENTS Attachment B - Addenda acknowledgement Attachment D - Proposer Acknowledgement and Compliance Statement Attachment E - Public Entity Crimes Statement Attachment F - Safety Record Attachment G - Statement of Relevant Construction Experience Attachment 1 - Drug- freeWorkplace Certification Attachment j - Proposal Attachment K - Proposal Bond 2 Proposal for Ruth Jones Cottage C8J Design and Bu lid 2.2 Proposer's Location and Registration Name: Christopher Johnson Construction Corp. C &J Design & Build 0 ' Address: 204 SE 24th Ave Boynton Beach -FL 33435 Tel: 561- 504 -6899 Fax: 561- 404 -0603 Contact Christopher Johnson GC E -mail: janine©seejaydesign.corn Fed Id: 65- 1227548 State of Incorporation & Registration Number: Florida CGCI507908 2.2 Organ1zation 2.3.1 Proposer's History C&J Design and Build began with the concept of bringing a holistic design approach to South Florida.After receiving his Master's Degree in Architecture from California Polytechnic Univer- sity, Pomona, and working as an associate at recognized architecture firms, Christopher Johnson opened the doors of C&J Design & Build. Since 2004, Christopher Johnson has developed rela- tionships with all trades in the building industry, from engineers to vendors to sub - contractors. Focused on all aspects of a build project, from conceptual drawings thru permitting, and from foundations thru finish work, C&J Design & Build is a complete design and contracting company. 2.3.2 Age of Organization In continuous business since 2004. 2.3.3 Leadership Christopher Johnson, President Janine Johnson,Vice President Dave Johnson, Secretary Elliot Buran, Project Manager 2.3.4 Failure to Complete or Default No Default or failure to complete. 2.3.5 Liquidated Damages No Damages. 2.3.6 Legal Actions No legal actions 2.3.7 Projects Underway Proposal for Ruth Jones Cottage 3 C161 Design end Birild Not Applicable, or none. PROJECTS $ % COMPLETE 5 George Bush 400,000 75 Hutchinson Residence 125,000 10 2.3.8 Five `fear Vo!ume of Work 201 i PROJECTS PROJECT TYPOLOGY $ Laucka Residence, 5 George Bush Single Family Residential 400,000 Delray Beach, FL Renovation Lemongrass Ft. Lauderdale, Fed Hwy Commercial Renovation, Res- 100,000 Oakland Park, FL taurant J & J Seafood, Atlantic Avenue, Delray Beach Commercial Renovation, Res- 50,000 taurant Lemongrass Boca, Plaza Real, Boca Raton, FL Commercial Renovation, Res- 40,000 taurant Resnik Condominium, Clarendon Condo Condominium Renovation 50,000 S. Ocean Blvd, Highland Beach, FL Tai Residence, Boca Raton, FL Residential Townhouse Reno- 75,000 vation L Mardyks Condo Condominium Renovation 155,000 Radar Residence, Boca Raton, FL Single Family Residential 20,000 Renovation 20i0 PROJECTS PROJECT TYPOLOGY $ Lemongrass Delray, Atlantic Avenue, Delray Commercial Renovation, Res- 500,000 Beach taurant Greenbaum Residence, Palm Beach Gardens Single Family Residential 25,000 Renovation Da Residence, Boca Raton, FL Single Family Residential 150,000 Renovation Brown Residence, Boynton Beach, FL Single Family Residential 150,000 Renovation Proposal for Ruth Jones Cottage 4 C&J Design and Rohe 2009 PROJECTS PROJECT TYPOLOGY $ Bi!sky Residence, Boca Raton, FL Single Family Residential 50,000 Renovation Robnett Residence, Boca Raton, FL Single Family Residential 125,000 Renovation Ruiz Residence, Pompano Beach, FL Single Family Residential 75,000 Renovation Esdaille Residence,Weston, FL Single Family Residential 125,000 Renovation Duque Residence, Boca Raton, FL Single Family Residential 75,000 Renovation G Mardyks Residence, Clarendon Condo Condominium Renovation 150,000 S. Ocean Blvd, Highland Beach, FL 2008 PROJECTS PROJECT TYPOLOGY $ Western Beef, Grocery Store, Sandlefoot Commercial Renovation, 500,000 Plaza, Boca Raton Grocery Lemongrass Boca, Plaza Real, Boca Raton, FL Commercial Renovation, Res- 500,000 taurant Raphael Residence, Boca Raton FL Single Family Residential 120,000 Renovation 516 NW 4th Ave Residence, Delray Beach Single Family Residential 250,000 Renovation Boon, Boca Raton FL Commercial Renovation, Res- 40,000 taurant Tipsy Salon, Jupiter FL Commercial Renovation, Sa- 75,000 Ion 2007 PROJECTS PROJECT TYPOLOGY $ Tenant Improvement, Gro- 200,000 F/X Building, Sandlefoot Plaza, Boca Raton cery Pottash Residence, Palm Beach FL Condominium Renovation 250,000 Lemongrass Ft. Lauderdale, Fed Hwy Commercial Renovation, Res- 225,000 Oakland Park, FL taurant Proposal for Ruth Jones Cottage 5 C&J Design and BuIId 2.3.9 Safety History 2.3.8.1 Worker's Compensation Rate Prior to 2010, all employees were owners and carried exemptions. 2.3.8.2 Safety Record See Attachment "P' Safety Record. 2.4 Fiduciary Responsibility All prior projects have been privately funded. Nit 2.5 Organization and Project Personnel Qualifications 2.5.1 Organization 2.5.1.1 Construction Services On -Site PERSONNEL j CONSTRUC- COST CON - SCHEDUL- SUBMIT- QUALITY TION MAN- TROL l ING _ TALS ' CONTROL AGEMENT Christopher Johnson, Pres 50% 75% 100% 25% Janine Johnson,Vice Presi- 75% dent David Johnson, Sect. Elliot Buran, Project Man- 50% 25% 75% alter Felipe Olmeta,Assisstant 25% 1 * All percentages are an estimate of 1 00% and are a breakdown of the percentage per em- ployee. 2.5.1.2 Home Office Direct Support During the Construction Phase PERSONNEL _ IN HOUSE PROJECT SUPPORTTEAM `� Christopher Johnson, Pres 1 Janine Johnson,Vice President Financial Reports Proposal for Ruth Jones Cottage 6 CiJ Design and Build PERSONNEL IN HOUSE PROJECT SUPPORTTEAM — 1 David Johnson, Sect Felipe Olmeta, Assistant Office / Clerical 2.5.2 Resumes Proposal for Ruth Jones Cottage 7 C/1J Design and Build 2.6 Relevant Construction Experience see Attachment "G" I. Name of Proposer: Christopher Johnson Construction Corp. dba C &J Design and Build 2. Business Address: 204 SE 24th Ave., Boynton Beach, FL 33435 3. When Organized: June 2004 4. Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name ?: Seven 6. General character of work performed by your company: a. General Contracting for residential and light commercial b. Restaurants c. Renovations and remodels d. Kitchen and Baths e. Design and coordination of projects from conception to completion f. Unique projects, furniture, and landscapes 7. Enclosed evidence of possession of required licenses and/or business permits. General Contractor License State of Florida Occupational License City of Boynton Beach Business License Palm Beach County Certificate of General Liability Insurance 8. Number of Employees: 7 9. Background and experience of principle members of your personnel (including officers). Christopher Johnson, GC, Masters of Architecture, worked in architecture designing all typologies of buildings. Designed and built restaurants, residential renovations, grocery store, additions.Teaches classes at Palm Beach State College,Architecture Department; classes include Design I- IV,Architectural Structures, History of Architecture, Architectural Graphics,Theory of Architecture. Janine Pequeno Johnson, Business Owner, David Johnson, Business Owner, Construction work in South Florida for over 25 years Elliot Buran, Business Owner, Manufacturer of Cabinets, Remodeling for over 25 years 10. Bonding Capacity: $. 3CX OCX) 11. Have you ever defaulted on a contract? If so, where and why? NO 12. Experience in performance: Proposal for Ruth Jones Cottage 8 C&J Design and Bid PROJECT $VALUE CONTACT PHONE It NAME Lemongrass Restaurant Ft. Lau- derdale, Florida, Exterior and 325,000 Art 561.809.2098 Interior Lemongrass, Delray Beach, 500,000 Art 561- 809.2098 Florida; Renovation Lemongrass, Boca Raton, Flor- 500,000 Art 561.809.2098 ida; Renovation Western Beef Grocery, Boca Raton Florida, First Phases of Construction, Demo, MEP and Build ouc Work thru Rough in 250,000 Western Beef 561•809.2098 spections J & J Seafood, Furniture and 50,000 John Hutchinson 561-818.6361 Refinish 2.7 Narrative of "Best Qualified" Through their years of experience, C &J Design & Build offer all phases of design services, sche- matic design, CADD drawings, bidding, permitting, scheduling, material selections, and all aspects of construction.The company handles Residential and Commercial structures.We work directly with clients, developers, architects, interior designers and engineers. C&J Design & Build realizes that every client has unique project requirements, and that a budget must be maintained.We work tirelessly to achieve stunningly beautiful results within those financial boundaries. Some projects are truly special to a client These projects are like works of art. Some of our projects fall outside of typical classifications, but can achieve wonderful gardens, rooms, or furniture. 2.8 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Pro- posal and note it in your Proposal Table of Contents. -See attached Safety Policy for further rules and regulations. 2.9 Quality Control Program -See attached copy. 2.10 Schedule Achievement Program Proposal for Ruth Jones Cottage 9 C&J Design and Build Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.1 1 IN /WBE Program See attached statement 2.12 Subcontractors 2.13 Drug -scree Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace.The bidder shall complete and submit with its bid proposal the attached certification,Attachment "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid proposal to be considered non - responsive. 3.0 PRICING AND COSTS 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment "J" Proposal. The scope of the Construction Firm's Work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 3.2 Labor Rates Architect / Engineer 150.00 Interior Decorator 75.00 Drafter 50.00 HVAC Contractor 85.00 Electrical Contractor 85.00 Plumbing Contractor 85.00 Project Manager 75.00 Carpenter 65.00 Skilled Labor 47.50 Finish Carpenter 37.50 Painter 32.50 Unskilled labor 22.50 3.3 Self Perform Carpentry Finish Carpentry Concrete Project finishes Proposal for Ruth Jones Cottage 10 CIJ pear and Build 3.4 Proposal Bond see Attached 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. Proposal for Ruth Jones Cottage ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this General Contracting Services Bid Proposal RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. / No. 1 lag, Date Zit Via- No. 2 1 1 1 1,; › Date 1•7 y No. 3 1 Date Z/ I V t No.4 140 Date 1,40 .th 12, Proposer's Signature Title Boynton Beach Community Redevelopment Agency 1 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 710 North Federal Highway Boynton Beach, FL 33435 Release Date: SA.% Z , 2012 Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL - JONES COTTAGE COMMERCIAL INTERIOR BUILD -OUT (Project) Proposal Received , 2012. Proposals must be received in their entirety by By: the Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for February 23, 2012, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach 8,6 Gl S Dt-% $,t► t-tt Name of Vendor: (, 1m5(Jrk' . L1 1ST - 0.1 f_. Federal I.D. Number: 45 • 1221646 A Corporation of the State of: FtanX1 PA. Telephone Number: (5 1 ) - _LIZ Fax Number: (S (p1) +4- 01,03 Mailing Address: 204 2A A I*. Cit Tom' t„ 1Ybs1 &VIN State: rt... Zip: 4�� Vendor Mailing Date: Authorized Signature �► Pdo - t't t - SlSD%. Name (Printed or Typed) Boynton Beach Community Redevelopment Agency 17 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's'Signa*n x ' Title Boynton Beach Community Redevelopment Agency 18 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "F" SAFETY RECORD 2010 2009 2008 2007 2006 1. Number of Injuries and Illnesses () 0 Q 0 0 2. Number of Lost Time Accidents 0 0 n _ 0 3. Number of Recordable Cases ___Cl_... [9 r fl' CP 4. Number of Fatalities ___o_ f 0 _ 0 _ f? Number of Direct Hire Fixed 5. Hours Worked (— 0 __L_.,.. l7 0 a , = , Signature -fir- - Title Subscribed and sworn to before me. This - 1. - Z- day of re..114 wC. f 1 .20 1 -z- f/ My Commission Expires: C N• F c State of Florida 5 My commien E Jorosn o 007p6600 9 ii o we Expire 0t3f1 Oi O12 Boynton Beach Community Redevelopment Agency 19 Jones Cottage Commercial Interior Build -out Project ATTACHMENT KG" STATEMENT OF RELAVANT CONSTRUCTION EXPERIENCE 1. Name of Proposer: tA QASTa evi -- CVAS. yt•J Pe4A LA) 2. Business Address:' 3. When Organized: O. 4. Where Incorporated:��1�`` 5. How many years have you been engaged in the contracting business - years under the present firm name? 5. General character of work performed by your company: tA1V t • k.'6i _ r , 7. Enclose evidence of possession of required licenses and/or business permits. * 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). * 10. Bonding Capacity: 11. Have you ever defaulted on a contract? if so, where and why? * _ Yes No 12. Experience in performance: see ` t r'rotect 5 `Value Contact Name Phone # St Boynton Beach Community Redevelopment Agency 20 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "H" SCHEDULE OF SUBCONTRACTORS Proposer are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary, Project Title: General Contracting Services Bid Proposal RFP Jones Cottage Commercial Interior Budd-out Issuance Date: 01/23/12 Proposal Name: Christopher Johnson Construction Corp. dba: C&J Design and Build Name/Address/Phone of Type of work to Dollar % of Subcontractor be Performed Amount Total Unlimited Elec. Solution Electrical 56,279.00 7601 NW 182 Terrance Hialeah, FL 33015 Phone 786 - 554 -3269 Flonda Builders Drywall 3,450.00 PO. Box 212949 Royal Palm Beach, FL 3341 I Phone' 561-733-3390 C,EP. Enterprises, Inc Are Stopping 2,500.00 14671 S 101st Street Miami, FL 33186 Phone-305- 345 -8738 Pet illo's Plumbing Services Plumbing 20,702.00 258 SE 2nd Ave Delray Beach FL 334-44 Phone. 561 -276 -2219 Maloy HVAC 34,000.00 1501 Shore Dnve Lake Clarke Shore, FL 33406 Phone 561-315-7721 ATTACHMENT "1" DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs. Whenever two (2) or more proposals, which are equal with inspect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug -free workplace program. in order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. t ' r Proposer's Signtatui- Title Boynton Beach Community Redevelopment Agency 22 Jones Cottage Commrnial Interior Build -out Project ATTACHMENT `°J" PROPOSAL Project Title: GENERAL CONTRACTING SERVICES CONSTRUCTION BID PROPOSAL JONES COTTAGE COMMERCIAL, INTERIOR BUILD -OUT (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract Documents. Having studied the documents prepared by: REG Architects and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. )� GRAND TOTAL: .302.4 5 .. 30 Dollars and Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. / (1) Original and four (4) copies of proposal submitted. / Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. Boynton Beach Community Redevelopment Agency 23 Jones Cottage Commercial Interior Build -out Project The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date a J ? .1 j i ? _. Name of Propose., Cbrporation, Firm or Individual By: C L. Signature --r.._ 1 Printed/Typed Name - Title Telephone Number Florida Contractor's License Number: c S:� c'! Boynton Beach Community Redevelopment Agency 24 Jones Cottage Commercial Interior Build -out Project ATTACHMENT "K" PROPOSAL BOND STATE OF Florida COUNTY OF Palm Beach KNOWN ALL MEN BY THESE PRESENTS, that C & J Design & Build as Principal, and The Ohio Casualty Insurance Company , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Bovoton Beach Community Redevelopment Agency in the penal sum of Five percent of amount bid Dollars ($ — — — 5 —' — — ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, ,jointly and severally, firmly by these presents. THE CONDI TON 01? THIS OBLIGATION TS SUCH, that whereas the Principal has submitted the accompanying proposal, dated February 23,2012 2, for: Jones Cottage Commercial Interior Build -Out Project NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the farmer, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. (Proposal Bond Continued) Boynton Beach Community Redevelopment Agency 25 Jones Cottage Commercial Interior Build -out Project °" CERTIFICATE OF LIABILITY INSURANCE 2,23 oi� ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certNfcate does not confer rights to the certificate holder In lieu of such endorsement(s}. PRODUCER C:CWTACT Rebecca Seugaroun NAME Comegys Insurance Corner a �,. (727) 521 -2100 I FAX um (727) 528 -0526 Florida Contractor Insurance Ammo rEbeccaslf =news . aoa One Beach Drive S. E. Ste. 230 POURERS) AFFORDING COVERAGE RAC • Saint Petersburg FL 33701 mRABankera Insurance Company INSURED INSURER II :Florida Citrus Business Indus Christopher Johnson Construction Corporation INSURER C: dba: C&J Design & Build INSURER D 1050 NW lst Avenue Suite 6 INSUMERE: Boca Raton FL 33432 IrsURRF COVERAGES CERTIFICATE NUMBER:11 /12 CL/WC REVISION NUMBER: THIS I8 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE MSA vr►Y> POLICY BUMMER miPaiggrErynFT ( M/Dpl I LIMITS aHiJtAL LABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY OAMAGE TO RENTED I PREh11SES (Ea ooa,rrawa) $ loo , 000 A i CLAIMS-MADE © OCCUR 090420000506302 5/21/2011 5/21/2012 MEDEGP (Any one person) 6 5,000 PERSONAL &ADV INJURY 1 1,000,000 _. GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LINT APPLIES PER PRODUCTS - COMPOP AGG S 2,000,000 , POLICY [1 .� [1 LOC $ AUTOMOBILE LJABIUTY COMBINED SINGLE UMR _. IEa smidani) � ANY AUTO BODILY INJURY (Per wean) $ - ALL OWNED — ASCUTH�`A.EO BODILY INJURY Per wtlds.1 6 HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS (Par accident) _ UMBRELLA [JAB OCCUR EACH OCCURRENCE 2 EXCESS LAB CLAiASMADE AGGREGATE 1 — DEO 1 1 RETENTIONS _ J _ B INORI®1S COMPENSATION V 1I I 1 I�FR� AND EMPLOYERS' UABIJTY ANY PROPRIETOR/PARTNER/ERECUTIVE YI M EL EACH ACCIDENT S 1,000,000 OFFICERMEMBER EXCLUDED? N 1 0647584 7/18/2011 7/18/2012 (Mandatory In NH) EL DISEASE - EA EMPLOYEE $ 1,000,000 GDESCRIPTION OPERATIONS Wavy EL DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Addd6onal Diomedes Sohaduta, N mars s.oae la ragrod) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach Community Redevelopment Agency (CPA) AUTFIOR12aDRiPRESOITATiVE 710 N Federal Huey Boynton Beach, FL 33435 JIM Mercurio /SENaAR Christopher Johnson C. &J.DESIGN • BUILD PRESIDENT 204 SE 24th Ave Boynton Beech, Ronda 33435 Owner of a Design & Build Company, working hands -on with dients to build outstanding T 581.504.6988 projects. Creating the highest quality Residential and Commercial Buildings buildings on budget F 561.404.0803 and on time. cateadaltdeaulami mmaresei EXPO Ri NCE General Contractor / Designer / Owner C&j Design and Build: Boca Raton, Florida • 2004- present Responsible for all aspects of the company's operations. Schematic Design, Design Development (Including but not limited to finish and furniture selection),Working Drawings, Coordination of Professional trades [architects, engineers, chic professionals], Bidding, Project management Marketing, and Sales Professor of Architecture, Palm Beach State College, Boca Raton, Florida • 2008 - present Adjunct professor, curriculum development, classes taught All levels of design I- IV,Archltecwrai Structures,Theory ofArd Itecture, Architectural Graphics, History of Architecture 5 GEORGE BUSH - Delray Beach. Design & Renovation of 3000 sf single family home, 2011 -12 LEMONGRASS FT LAUDERD•rLE - Oakland Park Design & Renovation of Restaurant, 2008 LEMONGRASS BOCA - Boca Raton. Design & Renovation of Restaurant, 2009 LEMONGRASS DELRAe BEACH - Delray Beach. Design & Renovation of Restaurant, 2010 ) 3c J SEAFOOD - Delray Beach. Design & Renovation of Restaurant, 201 I 516 NW 4TH AVE - Delray Beads Design & Renovation of 2000 sf single family home, 2009 WESTERN BEEF - Boca Raton. Renovation of 20,000 sf grocery store, 2007 Ff.: BUILDING - Boca Raton. Renovation of 5,000 sf commercial space, 2007 MARDYKS RESIDENCE - Highland Beach. Design & Renovation of condominium, 2010 • California Polytechnic University Pomona, Pomona, California, Master of Architecture, 2002 • Florida State University Tallahassee, Florida, Bachelors in Fine Arts and Minor in Psychology, t994 Janine Johnson c. &J. DESIGN •BUILD Vice- President 204 SE 24 Ave Pi-i ri F t l.. F Boynton Beach. Florida 33435 Vice- President of a Design & Build Company, Handles personnel responsibilities, including hiring, T 581.504.9988 dismissal, payroll and financials. F 561.404.0603 n?iPi`aiCE'P'Js:7 OWNER, NATURHOUSE DIET POMPANO BEACH, FLORIDA 2007 -2010 • Instructed clients in nutritional principles, dietary plans, food selection, and preparation. • Advise clients on nutritional concepts, eating plans and diet adjustments, shopping and cooking tips. • Guide clients to achieve healthy weight foss or weight maintenance. • Developed learning materials related to nutrition and healthy eating, including but not limited to tips, recipes, food portioning, and concepts to reach an individual's goal. FOOD SERVICE MANAGER, KIDS IN DISTRESS FORT LAUDERDALE, FLORIDA 2004- 2007 Contact: Sheila Maloney, 954 -390 -7654, 619 NE 26th Street,Wilton Manors Institutional food services manager with the responsibilities of menu planning, food preparation, and kitchen management. DIETTECHNICIAN, MANOR PINES CONVALESCENT CENTER FORT LAUDERDALE, FLORIDA 2003 -2004 Contact Bonnie, 954 - 566 -8353, 1701 NE 26th Street Reviewed patient charts and Interpreted lab values as related to nutritional status. Inquired patients on admission or change in diet prescription in order to obtain diet history and food preferences - Graphed initial nutritional screening in patient chart. Provided diet Instruction to patients on normal or restricted diet. Assisted dietitians in instruction of patients on special diets; inscribed special menus; recom- mended supplemental feedings Palm Beach Community College —A.S. Diet Technician, 2003 Estim Date 2/23/12 Customer Name Ruth Jones Cottage Item Total Project Descrip. Restaurant Finish General Conditions $335.11 General Conditions $1,809.62 General Conditions $73.73 Gross Price $324,529.30 General Conditions $402.14 General Conditions $402.14 Sales Tax $0.00 General Conditions $46.92 General Conditions $1,018.75 Net Price $324,529.30 General Conditions $375.33 Sales Rep General Conditions $1,206.41 General Conditions $465.68 General Conditions $18.55 Specialties $0.00 Approx Start Date 3/10/12 Specialties $0.00 Site Preparation $409.38 Approx Completion Date 2/19/13. Site Preparation $1,285.18 Site Preparation $378.91 Payment Terms Concrete $0.00 Terms: Net 30. 2% per month added to Concrete $885.95 overdue balances, with minimum charge of Concrete $20.98 $1.00. Concrete $727.80 Concrete $1,934.28 Masonry $422.14 Ironwork $1,750.85 Finishes $6,122.50 Finishes $2,899.80 Thermal & Moisture $567.89 Customer Signature Thermal & Moisture $1,871.15 Wood & Plastic 52,825.31 Date Wood & Plastic $570,03 Furnishings $2,078.25 Finishes $2,752.20 Finishes $1 ,577.05 Wood & Plastic $596.36 Wood & Plastic $475.02 Thermal & Moisture $1,578.52 Rough Plumbing $27,750.17 Thermal & Moisture $3,351.15 Finishes $3,920.84 Finishes $1,105.88 Mechanicals $45,575.59 Electrical 531,700.50 tiectrucal $43,idU. e b Site Preparation $482.57 Wood & Plastic $697.04 Wood & Plastic $1,045.56 Supervision $23,592.07 Wood & Plastic $1,206.41 Wood & Plastic $2,010.69 Wood & Plastic $1,206.41 Site Preparation $1,018.75 Finishes $2,580.38 Windows & Doors $1,742.60 Mechanicals $2,037.50 Mechanicals $2,876.76 Furnishings $871.30 Wood & Plastic $1,522.76 Finishes $4,865.86 Specialties $4,825.65 Wood & Plastic $12,064.13 Thermal & Moisture $2,010.69 Finishes $1,183.89 Grand Total $324,529,30 CO Z a Ili 1 • V _ : .j G a , ‘..., Ka f , C. Y, r is el W u . Z ° ° • r of c i� v o °5. i a. c og 1 ,,, i 3 ,_ a if : a E i i E . g . 0.1 o a ill in o C4 II 1 2 g 1 i E a Al ILI i Y J C.J. DESIGN & BUILD Build Proposal 1050 S.E. 1st AVENUE BOCA RATON, FLORIDA 33432 561.504.6988 C 561.736.0889 F c @seejaydesign.com r" Attention Al at REG Architects ^ Project Title: Little House ^ Owner Ruth Jones Cottage ^ Project Description: ^ Address: r" City, State Zip Code. Boynton Beach, Florida ^ Date: 3/1/12 GENERAL SUR - LIEN DESCRIPTION OTT P .,• rt TAX P &O ESTIMATE Est TOT : r 6,196.80 Dumpster 2.00 450.00 1.06 1.200 1144.80 Office 32.00 32.50 1.00 1.200 1248.00 Progress Clean 2.00 240.00 1.00 1.200 576.00 Final Clean 1.00 440.00 1.00 1.200 528.00 Fuel 1.00 200.00 1.00 1.200 240.00 Call Back Allowance 16.00 37.50 1.00 1.200 720.00 Prints and Misc 1.00 300.00 1.00 1.200 360.00 Utilities 1.00 350.00 1.00 1.200 420.00 Mgt. and supervision 16.00 50.00 1.00 1.200 960.00 4,335.19 TFMP FACII ITIFS Toilet 2.00 141.33 1.00 1.200 339.19 WAI KS Pavers 200.00 4.95 1.00 1.200 1188.00 Site Protection 2000.00 0.50 1.06 1.200 1272.00 Demo and prep Labor 16.00 80.00 1.00 1.200 1536.00 4,360.18 Site Built Form work 16.00 47.50 1.06 1.200 966.72 5" Slab broom finish 100.00 6.50 1.00 1.200 780.00 Poly 1.00 65.00 1.00 1.200 78.00 Termite treat 1.00 295.00 1.00 1.200 354.00 Gravel fill 5.00 75.00 1.00 1.200 450.00 Footer 27.00 53.44 1.00 1.200 1731.46 1,202.04 Masonry Block 27.00 35.00 1.06 1.200 1202.04 2,460.00 4" TS Column, bolt and mounts 205.00 10.00 1.00 1.200 2460.00 21,874.25 Interior Framing Materials 1.00 5000.00 1.00 1.200 6000.00 Carpentry, floor repair, ceiling, bar walls, door, attic 80.00 47.50 1.00 1.200 4560.00 door, floor door Exterior Wall, metal framing and densguard 48.00 28.92 1.00 1.200 1665.79 Finish Carpenter and Helper 70.00 40.00 1.00 1.200 3360.00 Base Board, and finishes 1000.00 2.25 1.06 1.200 2862.00 Cedar Paneling material and install 736.00 3.66 1.06 1.200 3426.46 7,080.00 FIRFSTOPPING2 Material and install 1.00 2500.00 1.00 1.200 3,000.00 All insulation , R -19 , R -30. Rigid, per plans material 1.00 3400.00 1.00 1.200 4.080.00 and install [2] Fiberglass front door (non impact) [2] windows 4,274.05 fixed panels impact, and install Floor Hatch and Attic access 2.00 871.56 1.06 1.200 2217.25 Restroom doors material and install all hardware 16.00 47.50 1.00 1.200 912.00 [2] Doors, hardware, self closer, S.C. 36" Flat panel 2.00 450.00 1.06 1.200 1 144.80 door, kick plate, pull and push hardware 24,065 29 DRYWAL Material and install 1.00 2925.00 1.00 1.200 3,510.00 PAINT Prime and Paint Exterior 3 coats 1.00 1500.00 1.06 1.200 1800.00 EXTERIOR Prime and Paint Interior 3 coats 1.00 2500.00 1.06 1.200 3000.00 TILE Install 350.00 5.50 1.00 1.200 2,31 TILE Material 1.00 3630.00 1.00 1.200 4,356.00 ACOUSTICAL Acoustical Ceiling, 24" BY 24" Washable tile 1.00 525.00 1.00 1.200 630.00 Exterior Wall, metal framing and densguard 48.00 28.92 1.00 1.200 1665.79 COUNTERTOP Material and install 30.00 55.00 1.00 1.200 1980.00 BAR DETAILS Foot rail and other alum detail material and install 1850.00 1.00 1.200 2220.00 Refinish Wood flooring 475.00 4.55 1.00 1.200 2593.50 912.00 Restroom accessories, grab bars, per plan 1.00 760.00 1.00 1.200 912.00 53,691.60 All Equipment and walk in per plans 1.00 44,743.00 1.00 1.200 53,691.60 1,020.00 Shelving material and install 1.00 850.00 I.00 1.200 1,020.00 HVAC 27,000.00 Rerout ducts, additional vents 1.00 22,500.00 1.00 1.200 27000.00 PLUMBING 28,958.40 Plumbing install per plans labor, and material to install gas piping, grease waste piping, sanitary piping, and water piping for restrooms, kitchen area, patio area, 1.00 24132.00 1.00 1.200 28958.40 and area for future tenant build out. Includes HW heater, Sinks 62,805.00 Electrical labor and material 1.00 32630.00 1.00 1.200 39156.00 Fixtures per plans 10.00 32.00 1.06 1.200 23649.00 18,240.00 Supervision 320.00 47.50 1.00 1.200 18240.00 General Contractor TOTAL ESTIMATE Includes, 10% Profit and 10% Overhead 268,474.80 B ..... BEACH CRA BOARD MEETING OF: March 13, 2012 Consent Agenda X I Old Business I New Business Legal Executive Director's Report SUBJECT: Consideration of Entering into a Direct Incentive Funding Agreement with Gulfstream Gardens, LLC for the Seabourn Cove Project SUMMARY: Seabourn Cove is a 456 unit rental development located on South Federal Highway. The development achieves the goals of both the CRA's Federal Highway Corridor Community Redevelopment Plan and the City's Climate Action Plan. The developers are proposing to develop the project to the Gold Rating of the American National Standard Institute approved ICC 700 -2008 National Green Building Standard. This will be the largest such designated project in the State of Florida. The cost to achieve this standard is over $2M. The developer has asked the CRA to partner with them to help offset the cost to implement the green elements of the project. The developer has been before the CRA Board in the past to discuss the potential of entering into a Direct Incentive Funding Agreement (DIFA) to help offset the cost of the green elements of the project. The Board was receptive to doing so. Attached is a spreadsheet of potential funding the developer and CRA would receive once the project is completed. The estimate is predicated on the millage staying the same and the assessed valuation of the project coming in at $85,000 per unit. The Developer, CRA and City have been working on the attached DIFA over the past few months. CRA legal has reviewed the document as well. The project advances the mission of the CRA and City by redeveloping over 20 acres in the south end of the CRA and by reducing greenhouse gases per the City's adopted Climate Action Plan. FISCAL IMPACT: If approved, the estimated annual Pledged Project Increment Revenue to the developer is $198,819. The source of funds is from the increase in ad valorem taxes created from the increase in value of the property due to the new construction. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the Directed Incentive Funding Agreement for the Seabourn Cove Development. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Seabourn DIFA.doc DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement ") entered into as of the day of , 2012, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA "), with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435. And GULFSTREAM GARDENS, LLC, and Gulfstream Gardens Phase II, LLC, a Florida limited liability company, with a business address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter collectively referred to as the "Developer ") and /or assigns, provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to "encourage large -scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22, 2004 (hereinafter the "Direct Incentive Program "); and WHEREAS, this Agreement pertains to Direct Incentive funding for that certain project currently referred to as Seabourn Cove Phases I and II, City File No. NWSP 12 -001, and such property is described on Exhibit "A" within the CRA boundaries to be known as (hereinafter the "Project "); and WHEREAS, at the March 13, 2012 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board ") by appropriate action made the Project eligible for 50% of the maximum incentive permissible under the Direct Incentive Program, subject to approval of a mutually acceptable Agreement (i.e., this Agreement); and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: Page 1 of 16 "Affiliate" means a company or corporation that the Developer maintains any ownership interest in. "Agreement" means this Direct Inventive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements. "Certification" means the credential or process for the National Association of Home Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single - family homes, new or remodeled multifamily buildings, and residential land developments that meet the criteria of the ICC 700 -2008 National Green Building Standard. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream Gardens, LLC and Gulfstream Gardens Phase II, LLC and any assignee or transferee of Gulfstream Gardens, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug -in hybrid electric - gasoline vehicles. "Gold Rating National Green Building Standard" The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700 -2008 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally- appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 558 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Revenues. An example of how the Pledged Project Increment Revenues are calculated is shown in Exhibit "B ". "Project" means the Seabourn Cove Project inclusive of Phases I and II as described above in the second recital clause, and as further described in the Application defined above and in the Page 2 of 16 "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property" means the real property described on Exhibit "A ". "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project, a copy of which is attached hereto as Exhibit "El" as to Phase I approved by Resolution R09 -176 on January 4, 2009 and as Exhibit "E2" as to Phase 1I approved on March 20, 2012, which Site Plan has been approved by the City of Boynton Beach. . "Systems Audit" means a review of the National Green Building Standard checklist from original inspections and certification of the units to confirm ongoing compliance, blower door testing to confirm readings are in compliance with original testing and duct blaster testing to confirm readings are in compliance with original testing. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of a certificate of occupancy for such units. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit" means a single residential dwelling within the Project. "Unit Type" means a Type I (A), II (B, C, D) or III (B, C, D) designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement (hereinafter "Effective Date "). Section 4. Developer's Obligations — Construction. 4.1 Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Station or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. P of 1A 4.2 Convicted Vendor List. As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub - contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty -six (36) months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the units have received a Gold Rating under the National Green Building Standard. The Developer shall also provide third party verification that the units comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of the Certification requirements shall be as follows: 5.1. Certification and Occupant Education. 5.1.1. Gold Rating Standard. Developer has prepared a "Designer's Report" attached hereto as Exhibit "C" outlining the necessary components for compliance with the ICC -700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. 5.1.2. Initial Certification. The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre - drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Gold Rating. The checklists and reports shall be submitted to the City's Development Services Department within fifteen (15) days of completion. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute a building occupant's manual identifying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard or sometimes referred to as the "NGBS ") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project two Electric Vehicle Charging Stations. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Page 4 of 16 Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5.2. Non - Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non - prevailing party. Such non - prevailing party shall be determined by the arbitrator. 5.3. Systems Auditing. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written evidence, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer with all agreed upon Gold Rating National Green Building standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on 32 Units each year for the next 10 years as evidence that the units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibits "D1" and "D2 ". 5.3.1. This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2. The examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3. The auditing Reports will be transmitted to the City's Development Services Department on an annual basis for duration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual performance audit must be submitted to the CRA no later than the last day of February for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and /or documentation for the audit, shall so notify the Developer in writing, within twenty (20) days of receipt of Audit Report. In the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3.4. Disbursement of Direct Incentive Program Funds shall occur within thirty (30) days of the CRA's acceptance of a properly documented and supported audit Report by the CRA Board 5.4. Inspection. Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Paae ' of 1 fi IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this 23rd day of February , 2012 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: C & J Design & Build Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title 1050 N.W. 1st Ave, Business Address Boca Raton, FL 33432 City and State SURETY: The Ohio Casuatty Insurance Company Corporate Surety WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) As per attached power of attorney Witness Signet e Attorney -ln -Fact (Affix Seal) Brett Rosenhaus,Attomey in fact Nielson, Rosenhaus & Associates Name of Local Insurance Agency 4000 S. 57th Ave, Ste. 201 Business Address Lake Worth, FL 33463 City and State Boynton Beach Community Redevelopment Agency 26 Jones Cottage Commercial Interior Build -out Project THISr POWER OF ATTORNEY IS NOT VALID UNLESS R IS PRINTED ON RED BACKGROUND. 5052048 This Power of Attorney (hefts the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent hsrekn stated. THE 01410 CASUALTY INSURANCE COMPANY FAIRFiELD, OHIO POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company (the - Company'), an Ohio corporation, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BRETT ROSENHAUS, ALL OPINE CITY OF , each Individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and dealer, for and on lb behalf as surety and as Its act and deed, any and all undertaidngs, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY MILLION AND o0r1 "'•""'• "•f••••••""••"'••"••""•""'`••'" DOLLAR$ (s 30000000 .00 •' .""*.V."..• ) each, add the execution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents, shell be as binding upon the Company as If they had been duty signed by the President and attested by the Secretary of the Company in their own pmper persons, That this power is made and executed pursuant to and by authority of the following By -law and Authorization. ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such w !_' Iimitatbn as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the p 8. Corporation to make, execute, seal, acknowledge and deliver as surety any and al undertakings, band, recogntzances and other surety m obligations. Such attorneys-in-fact, subject to the (imitations set forth in their respective powers of attorney, shall have full power to bind the C To Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, • • m such Instruments shall be as binding as if signed by the President and attested to by the Secretary. d II C C Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the at e Board, the Chairmen, the President or by the officer or officers granting such power or authority. C , o By the following instrument the Chairman or the President has authorized the officer or other official named therein m appoint attorneys-in-fact t n- u Pursuant to Article IV, Section 12 of the By-laws. David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, is hereby Elm re authorized to appoint such attomeys-in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver E F 0 • ... as surety any and all undertaldngs, bonds, recognlzanc es and other surety obligations, 0 a. tk al 0 That the By-law and the Authorization set forth above are true copies thereof and are now in fug force and effect. . a c03 O a E IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of '- - o Th OhIo Casualty Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania, this 13th day of December , ; ik C m 2011 THE OHIO CASUALTY INSURANCE COMPANY d i IA 0) vow J r c e "'of ea E 0 By David M. Carey, istant Secretary >, % C COMMONWEALTH OF PENNSYLVANIA SS = E . COUNTY OF MONTGOMERY a , I On this 13th day of December , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that m to he is an Assistant Secretary of The Ohio Casualty Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of t A To m Attorney and affixed the corporate seal of The Ohio Casualty Insurance Company thereto with the authority and at the direction of said corporation. E N > 0 G = IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year C Z U o o first above written. co y - ' > 1 Teresa Pastalla, Notary Public f CERTIFICATE , the undersigned, Assistant Secretary of Tne Ohio Casualty Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attomey is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys- in-fact as provided In Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company at a meeting duly called and held on the 15" day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a centered copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. rd IN TE MONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ._ d ay of h u.a.r� _Ala- ..2Df . C.e,..w w r>a...n.,,,.t Assialsont Ra.YSdsw C.& J. DESIGN • BUILD 2.i M/W 3E Program 204 southeast 24th Avenue. February 22, 2012 Boynton Beath, R. 33435 T 581.504.6988 F 561.404.0603 We, Christopher Johnson Construction Corp. dba C &J Design and Build, have a willingness to make a good faith effort to utilize minority and women owned businesses in the construction of Ruth Jones Cottage, Boynton Beach, Florida. Sincerely, Christopher Johnson, CGC _ -- eaa 4 1 k r 0 F ; 1 6 tv s i ' 1iAl Z N i 1 MC"3 H FF ��j fG } 1 1 Lt. rs1 W i ; t OH 1 OH . ; 1 i c ' triZ 1 i7 r , 0>' ' 1 4 ti t. U. W col-1 F � Z ,� F — MO w f L t . 4 . tCd,1 i s 01 03 0 r7 iza An , 1 Ckt *'1 tt) HZ f ; 0d z t) , ; ►-1 ' _ "3i W 44 _ F1 eke pie I-4 o t*) ; 0 aa ti) � z ' F-0W - en M t 'I I z -ri ' v Z Z+44 0 dE 0 as > 0 r.) r73 gel Z -At Pl fri r4 i-4 42 .. 1. 7 a iii g Of-4040 .4 ' 0 , t i4 r--ii to O 0 4 to E 40 W 41 ,4-x'! x H Z f w i 4 i �r.sl a9,c-' wfx'rit's ID Wri C.1 r" ' 16 tM X ., i z. ri; City of Boynton Beach BUSINESS TAX RECEIPT RECEIPT NO: 12 00018951 BUSINESS NAME: CHRISTOPHER JOHNSON CONTROL NO: 17378 LOCATION: 204 SE 24TH AVE ; . : , CLASSIFICATION: CONTRACTOR - GENERAL BUILDI''; `. •; . DATE ISSUED: 8/10/11 >r. BUSINESS TAX FEE: 244.65 DELINQUENT FEE: CERTIFIED GENERAL CONTRACTOR TRANSFER FEE: ' • ' • ' • TOTAL AMOUNT PAID: 244.65 CHRISTOPHER JOHNSON : CONSTRUCTION CORP r a,- $U TAX RECEIPT ISSUED FOR THE PERIOD 204 SE 24TH AVE • . - .t'. • August 10, 2011 to September 30, 2012 BOYNTON BEACH FL 33435 ' ' . BUSINESS TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO Any changes in name. address, suite, ownership, PUBLIC VIEW AT BUSINESS LOCATION etc. will require a new application. run o ,0 r+1l1T A 011 1 1, ''" ■ �•*I • (-...1. P.O. Box 3353, West Palm Beach, FL 33402 -3353 " LOCATED AT•' f r � : .^ • ' : 71-IT r• : v - 1 - :.x r`eIt. ::•G-,o www.taxcollectorpbc.com Tat: (561) 355-2272 h 5-'`.y 5- , CN.r;_, 204 SE 24TH AVE BOYNTON BEACH, FL 33435 -7639 TYPE OF EUBINESS OWNED: I CERTIFICATION N ' r:ECEFT NiDATE PAID ANT PAID I BILL 8 23{451 GENERAL CONTRACTOR JCINSON CHRISTOPHER C3C1507908 &11.194358- 07i22/11 5`7.60 I B400945a1 Thls dodument is valid only w,,en reoelpted by the Tcx Colledor's Office. STATE OF FLORIDA PALM BEACH COUNTY 2011/2012 LOCAL BUSINESS TAX RECEIPT CHRISTOPHER JOHNSON CONSTRUCTION CORP LBTR Number: 200506690 CHRISTOPHER JOHNSON CONSTRUCTION CORP EXPIRES: SEPTEMBER 30, 2012 204 SE 24TH AVE This racelpt does not constitute a franchise, BOYNTON BEACH, FL 33435 - 7639 agreement, permission of authority to perform the , I l i 5-,1 i l n 111 I i, l 1, 1 I, r 1 i r„ 1111,1111 11 f I I„ services or operate the business described herein iyhen a franchise, agreement or other county commission, state or federal permission of authorty is required by county, state of federal law. i ATE OF FLORIDA IMPORTANT DEPARTMENT OF FINANCIAL SERVICE.. '71- DIVISION OF WORKERS' COMPENSATIC J F Pursuant to Chap 440.05(14), F.S., en officer of a corporation who CONSTRUCTION INDUSTRY c elects exemption from this chapter by filing a certificate of election CERTIFICATE OF ELECTION TO BE EXE.IPT FROM FLORIDA ' L under this sectia' may not recover benefits or compensation under this ' WORKERS' COMPENSATION LAW 4' _ , ' { ' ' D chapter. EFFECTIVE 03/04/2011 EXPIRATION DATE: 03/03/2013 pursuant to Chapter 44x05(12} F.S., Certificates of election to be PERSON!: CHRISTOPHER JOHNSON H exempt.. apply only within the scope of the business or trade listed on FEIN: 851227548 E the notice of election to he exempt BUSINESS NAME AND ADDRESS E Pursuant to Chapter 44105(13), F -S., Notices of election to be exempt CHRISTOPHER JOHNSON CONSTRUCTIOl coo-1 and certificates of election to be exempt shall be subject to revocation DBA C ' DESIGN & BUILD ''' if, at any time titer the filing of the notice or the issuance of the "DA SE 24TH AVE certificate, the parson named an the notice or certificate no longer meets] BOYNTON BEACH. FL ::3435 the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the . SCOPE OF BUSINESS OR TRADE person named on the certificate to meet the requirements of this 1- GENER.II CONTR...CTOR Section. QUESTIONS? (850) 413 -1609 ?:111111221 i .. - - 4 J525-1I04=7; -::7!0.x^ ' ...r1 TOPIIER DA D.:f. :orIi;: ' ribs ,S 24TH. AM b BO ON BEACH, FL 3844: 2 '88. Ralle 09-05 -1972 x w ti t.v t ,tr Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and /or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5.5. Non - Compliance. In any year in which the systems audit discloses that Developer is in non - compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below. After the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 5.5.1. If after the annual audit determines that any of the units have fallen below the Gold Rating, and Developer has had the opportunity to cure under Section 8 below, the CRA shall withhold the annual Pledged Project Increment Revue payment. 5.5.2. Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set -off against any reduction in funds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of maintaining the energy efficiency improvements and /or programs within the Project. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6_2. Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; and C. The CRA has received Project Increment Revenues from such improvements. D. Systems Audit Report is received and found acceptable by the City and CRA. Page 6of16 E. An annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 6.3. Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Developer by April 1 of the year following the corresponding ad valorem tax year or within thirty (30) days after the CRA's acceptance of the audit Report provided for in Section 5.4 above, whichever date is later. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default of this Agreement. 6.4. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6_5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04 -04, adopted December 6, 2004, as amended and supplemented. Section 7. Restrictive Covenant. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include, at least, the following terms: 7.1. Certification Restrictive and Occupant Manual Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1. All units shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Stations shall also be placed on site as reflected on Exhibits "E1" and "E2 ". 7.1.2. A manual identifying the green attributes of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented & the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement, including but not limited to Section 4 and Section 8. 7.2. Systems Auditing Restrictive Covenants. The restrictive covenants governing the Systems Auditing shall contain the following: ..0'7 1� 7.2.1. Systems audits shall be conducted on 32 units in Phase I and 14 units in Phase II each year for the duration of this Agreement to demonstrate that at least 2 times over the duration of this Agreement, each unit type in each building will be audited as shown on Exhibits "D1" and "D2." 7.2.2. The Developer shall have the right to access the audited units to complete the Systems Audits described herein for the duration of this Agreement. 7.2.3. The Developer shall provide Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 15 in the year in which funding begins pursuant Section 6.2 and on April 15 of each year thereafter for duration of this Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Section 8. Events of Default, Remedies and Termination. 8.1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 8.1.1. Any representation by the Developer or its agents or representatives in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2. The vacating, abandoning, or closing of the Developer's business. 8.1.3. The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30 -day period and thereafter diligently pursues such cure to completion. 8.1.4. The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5. The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is dismissed within sixty (60) days; 8.1.6. Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or Page 8 of 16 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty (30) days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. 8.1.9 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no further force and effect. 8_2. Remedies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8.1, CRA shall at its option, give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2. Commence a legal action for the judicial enforcement of this Agreement. 8.2.3. Withhold the disbursement of any payment or any portion of a payment. 8.2.4. Take any other remedial actions that may otherwise be available under law. 8.3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non - prevailing party. 8.4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 8.5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of Paae9of16 any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 8.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8.7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before June 1, 2010, unless extended as provided therein. Section 9. General Conditions. 9.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9_2. Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After Page l0 of 16 the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 9.3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 9.4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability ") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 9.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.5 as a "Notice ") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: Gulfstream Gardens Phase II, LLC Gulfstream Gardens, LLC 601 Bayshore Boulevard, Suite 650 Tampa, Florida 33606 If to CRA: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Dn.,. 1 1 of 1 f. With a copy to: James Cherof Goren, Cherof, Doody & Ezrol 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Tel: 954 -771 -4500 Fax: 954 -771 -4923 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 9.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9.7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9_8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 9_9. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.11. Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate Page 12 of 16 the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 10 Recording. 10.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespasse or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 10.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 11 Total or Partial Destruction. 11.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and /or restoration until completion. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductable of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and Page 13 of 16 restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. 11.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES GULFSTREAM GARDENS, LLC a Florida limited liability company By: Print Name: Its Managing Member: Print Name: STATE OF FLORIDA . SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of GULFSTREAM GARDENS, LLC., and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of GULFSTREAM GARDENS, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS, LLC. He /she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012. My Commission Expires: Notary Public, State of Florida at Large Page 14 of 16 WITNESSES GULFSTREAM GARDENS PHASE II, LLC A Florida limited liability company By: Print Name: Its Managing Member: Print Name: STATE OF FLORIDA . SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of GULFSTREAM GARDENS PHASE II, LLC., and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of GULFSTREAM GARDENS PHASE II, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS PHASE II, LLC. He /she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012. My Commission Expires: Notary Public, State of Florida at Large Page 15 of 16 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Woodrow Hay, CRA Chairman Print Name: • STATE OF FLORIDA SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He /she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012 My Commission Expires: Notary Public, State of Florida at Large Page 16 of 16 Exhibit "A" Phase f ALL OF GULFSTREAM GARDENS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 107, PAGES 175 AND 176, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 673,459.95 SQUARE FEET (15.461 ACRES), MORE OR LESS. Phase 11 RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RIGHT -OF -WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK; THENCE EAST ALONG THE NORTH RIGHT -OF -OF WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 08 °33'15' WEST ALONG THE EAST RIGHT -OF -WAY LINE OF MILLER ROAD, A DISTANCE OF 30.34 FEET; THENCE WEST ALONG THE SOUTH RIGHT -OF -WAY LINE OF MILLER ROAD, A DISTANCE OF 445,49 FEET; • THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS. Exhibit "B" ESTIMATED PLEDGED PROJECT INCREMENT REVENUE CALCULATION WORKSHEET Seabourn Cove (Phase 1 & 11) Value of the Project prior to Redevelopment $ 4,160,000 (Aggregate Value of all properties within Project Boundary) TOTAL Value of the Project after Redevelopment (456 units@ $85,000 each) $ 38,760,000 ($85,000 based on Las Ventanas assessed value) Project Increment $ 34,600,000 TIF Revenue = (95% of Project Increment X (City Millage + County Millage) City Millage Rate* 0.0071941 City TIF Contribution = 95% of Project Increment X City Millage $ 236,470 County Millage Rate* 0.0047815 County Contribution = 95% of Project Increment X County Millage $ 157,168 *Millage Rates are set annually by the City and County as part of their respective budget processes. Annual TIF Revenue created by Project $ 393,638 Incentive Award = Award Factor X TIF Revenue created by Project Award Factor 50% Total Estimated Pledged Project Increment Revenue to Developer (Annually) $ 196,819 Total Remaining with CRA $ 196,819 Years of Pledged Revenue $ 10 Estimated Total Pledged Project Increment Revenue Over Term $ 1,968,190 NOTES: The developer incentive award calculations are based on City and County millage rates that are adjusted annually and finalized by December 31st of each year. Incentive awards will be paid on April 1st of each year following and based upon the final City and County adjustments. EXHIBIT "C" VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfstream Gardens, LLC NAHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL ■ rsuacN f (NT[a Community /Lot #: Seaboum Cove Target Certification Level.' Gold Type of building: Multi -Unit *Mots= 308 Climate Zone = 2 11101/2011 Rev Date corkage, AT pl GREEN BUILDING PRACTICES Pointe Available Report ROUGH VERIFIER NOTES 500 LOT DESIGN. PREPARATION AND DEVELOPMENT 501 LOT SELECTION 501.1 Lot. The lot is selected to minimize environmental impact by one or more of the following: (1) An 0811 lot is selected 4 4 1)I (2) A greyfield lot, OR an EPA - recognized 5 0 brownfield lot 501.2 Mass Transportation: A range of mass transportation choices are promoted by one or more of the following: (1) Access to mass transit 3 3 (2) Pedestrian activity promoted 3 3 (3) Community resources (6 or more) , n 3 3 502 PROJECT TEAM. MISSION STATEMENT AND GOALS 502.1 A knowledgeable team It written mission 4 4 T. r: w •nl 503 LOT DESIGN 503.1 Natural resources on the building site are conserved by one or more of the following: (1) A natural resources inventory 5 5 (2) Conservation of high priority resources 6 6 (3) Protected under the direction of a qualified 4 4 _ professional (4) Basic training natural resource protection for 4 4 the on -site supervisor. (5) All tree pruning by a Certified Arbonst 2 2 (6) Maintenance of vegetation per TCIA A300 3 3 503.2 Slope disturbance is minimized by one or more of the following: (Points awarded only if there are developable steep slopes on the lot.) (1) All or a percentage of development on steep slopes is avoided. (a) less than 25% of the slope is undisturbed 2` 0 _ (b) 25% to 75% of the slope is undisturbed 3* .._,._ 0 (c) >75% of the slope is undisturbed 4` 0 (2) Hycf0logicaUsod stability study completed /used 5 0 (3) All or a percentage of roads and parking are aligned with natural topography to reduce cut and fill. (a) < 25% of roads aligned to reduce cut/fill 1* 0 (b) 25-75% of roads aligned to reduce cut/fill 3* 0 (c) >75% of roads aligned to reduce cut/fill 5* 0 (4) Erosion reduced through use of terracing, 6 0 retaining walls, landscaping and restabflization (5) Underground parking uses natural slope 4 0 503.3 Son disturbance and erosion are minimized by one or more a the followng: (also see 504.3) (1) Construction schedule minimizes soil 5 5 exposure (2) Alternate utilities installation list a preaches useril to 311n rows below 5 5 --- -- - ----- ---- - -- - -- - -- -- --- ----- °--• (3) Clearing /grading limits shown on the plan 5 5 503.4 Stonn water managed using one or more of the following low Impact development technl ues: (1) Natural water /drainage features preserved 6 0 (2) Storm water plan used to minimize concentrated flows & simulates natural flows 6 6 (3) All or a percentage of impervious surfaces are minimized and permeable materials are used for driveways, parking areas, walkways, and patios. (a) less than 25 % of hardscape is permeable 1* 0 (b) 25-75% of hardscape is permeable 3* 0 (c) greater than 75% of hardscape permeable 5' 0 (4) >75 % of the roof is vegetated (green roof). 3 0 503.5 A landscape plan limits water & energy use & (reserves /enhances the natural erwironment.)Plan must show item and Item must be Implemented) (1) A plan to restore /enhance natural vegetation and to ensure denuded areas are 5 5 quickly vegetated (2) Native or regionally appropriate grass, 4 4 vegetation, & trees are used (3) A percentage or all turf areas are limited (oercen ace based on I ndscaoed area not including driveway footprint hardscape or natural areas) (a) 0 percent of the landscape is turf 4' 0 (b) turf percent of landscape is less than 25% 3* 3 (c) turf is 25% to less than 50% of landscape 2' _,•_ 0 _ (d) turf is 50 % to 75% of landscape 1' 0 (4) Plants with similar watering needs are grouped 5 5 (5) Trees will provide summer shading of streets, 5 5 parking, & buildings to moderate temperatures (6) Vegetative wind breaks designed 4 0 (7) On -site tree bimmings/gnnding used for mulch & 3 0 cut trees are receded for lumber or DOD (6) Pest management plan to minimize chemcals 4 4 503.6 Measures planned to support wildlife 4 0 503.7 Mixed -use development is Incorporated in this 6 0 hnilrtinn. 503.8 (1) Environmentally sensitive areas avoided 3 0 503.8 (2) Compromised environmentally sensitive Describe type of areas are mitigated or restored 3 0 mitigation: 503.9(1) density is 7 to < 14 dwelling units/acre 4* 0 The NAHB Research Center audror¢es use of the document only by participants in the Research Centees Page 1 0114 02010 NAME Research Center Green Building Certification certification facilitation by the Research Cent, Rev07/152010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gutlstream Gardens, LLC INAHB Horne: (physical) Address w/ Zip Code of Hoe: Boynton Beach, FL nlNif■ wacN r Community /Lot #: Seaboum Cove Target Certification Levelal Gold Type of building: Multi-Unit #Units= 309 Climate Zone 2 1ro1r201, Rev Date Pis Calmed 00 AT AT GREEN BUILDING PRACTICES PerineaAwWbr _ r ROUGH FIN/1L VERIFER NOTES 503.9(2) density is 14 to < 21 dwelling unitslacre 7 ._,._ 503. 3 densit is 21 or ater dwelli units/acre 10' 0 504.1 On supervision provided during Bearing, grading, paving, & utility installation to ensure specified I 4 4 I green practices are followed. (See 503.3) i . 504.2 Trees and Vegetation. Designated bees and ve➢shtlon are prssawd by one or more of the following: 5042(1) Fencing or Equivalent protect vegetation 3 3 504.2(2) Trenching, grading tree save areas avoided 4 4 _ _�. 5042(3) Damage to designated trees mitigated by 4 4 pruning, fertilizing & watering - _ 504.3 Soil disturbance and erosion. On soil disturbance and erosion are minimized W one or more of the following: (also see Swam 53.3) (1) Limits of clearing/grading are staked out 5 5 (2) "No disturbance" zones for vegetation 5 5 (3) Sediment/erosion controls are installed 5 5 (4) Topsoil stockpiled /stabilized for later use 5 5 (5) Measures taken to reduce soil compaction 3 0 (6) Disturbed areas stabilized within 14 days 3 3 (7) Soil improved with organic amendments 3 3 (8) Alternative utility installatk r list approadres used (up to 3) in rows below ______- 5 5 --- �_�_______ —_ —_. 505 INNCVP`.V! PRA: 0I 1 505.1 Driveways or perking areas are shared. 4 0 505.2 Heat island mitigation. Heat island mitigation Any combination of the following strategies are provided for a minimum of 50 percent of the horizontal surface area of the hardscape. (1) Shading of hardscaping to reduce heat island (2) Horizontal hardscaping has solar reflectance index 4 of 29 or • realer — Pts CliIm.d I 141 GREEN LEVEL: MOM SLVER GOLD EMERALD This Section SECTION 5u0 T O T . , Points Awarded 0 0 Pointe needed for, 39 88 93 119 none TOTAL AWARDED 0 Points above/below:_ -39 -66 _ - - 119 600 RESOURCE EFFICIENCY .601 QUALITY OF CONSTRUCTION MATER ;. ` AND WASTE 601.1 Conditioned floor area. Is limited. 111 less than nr ennal to 1 000 snare feet (93 m21 15 0 Conditioned Area = —SO FT (enter a whole numbe round up) (2) less than or equal to 1,500 square feet (139 m 12 .... 12 (3) less than or equal to 2,000 square feet (186 m 9 „ _ „ 0 _ „_ (4) less than or equal to 2,500 square feet (232 m 6 0 _ (5) greater than 4,000 square feet (For every 100 square feet over 4,000 square feet, one point is to Mandatory • be added In Table 303. Cateaory 7.1 _ Fora as W unit bugding, use a weighted avows oI Ba Individual riff sires to qualifying for available points. 601.2 Structural systems/advanced /riming 3 Points each 1 I techniques optimize material usage MAX y i PTS. =9 601.3 Building Dimensions/layouts dsstptad to reduce mdMM/ cuts 4 waste. (1l floor area 3 3 (2) wall area 3 3 (3) roof area 3 3 (4) cladding or siding area 3 0 (5) penetrations or trim area 1 0 601.4 Detailed framing/structural plans, material lists, 4 4 on -site cut lists for framing/structural matls _ 601.5 Precut/preassembled components, panelized, or precast assemblies are utilized for a n inimum of 90% of that construction (601.5 MAX PTS. = 13) (1) floor system 4 0 (2) wall system 4 0 (3) roof system 4 4 (4) modular construction above grade 13 ,._.._ 0 _.. — (51 manufactured home construction above grade 13 0 601.6 Stories above grade are stacked - (1) 1 stacked story (2 story home) _ 4 - .._., 0 (2) 2 stacked stories (3 story home) 6 6 (3) 3 or more stacked stories (at least 4 stories) 8 0 601.7 Building materials/assemblies do not require additional site applied material for finishing. (MAX PTS. = 12) 11 (1) 90 percent or more of material (Points awarded 5 each' I l 1 for each material or assembly.) (2) 50 percent to less than 90 percent of material 12 (Points awarded for each material.. �nax) 2 each I 601.8 Frost- protected shallow foundations, pier and 3 0 pad foundations, post foundations, etc. 601.9 Adobe, concrete, log, earth systems provide sufficient structural and thermal characteristics ( >75 4 4 percent of the exterior wall area) 602 ENHANCED DURABILITY AND REDUCED MAINTENANCE The NA/ Research Center authorizes use of this document only by participants in the Rewrch Centers Pape 2 0114 02010 NAHB Resee creme .green Building Certification certification facilitation by the Research Cer,er Rev07 /15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfstream Gardens, LLC NAHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL rtsu i Community /Lot #: Seaboum Cove Target Certification Level= Gold Type of building: Multi-Unit #Units= 308 Climate Zone = 2 11/01/2011 Rev Date Pis Cleaned AT AT GREEN BUILDING PRACTICES Peters AveaebN ' .. RO T ON FINAL VERIFER NOTES 602.1 Emries at exterior door assemblies are coveredJMAX PTS = ) (1) main entrance door 3 0 (2) Main entrance door plus 1 4 4 (3) Main entrance door plus 2 or more 5 0 602.2 Roof overhangs ( eves & gables) am per table 4 0 602.3 Foundation drainage. 602.3.1 Where required e ICC IRC or IBC for ■ habitable le antl usable spaces below grade, exterior drain Mandatory tile is installed 602.3.2 Interior & exterior foundation perimeter drains 4 0 sloped to discharge to daylight, dry well, or sump pa 602.4 Drip edge installed at all eaves & gable edges. 3 3 602.5 Gutter /downspout/splash blocks grading carry water a min of 5' from perimeter foundation. 4 0 602.6 Finish grade at all sides is sloped a minimum ■ of 6 inches (150 mm) of fall within 10' Mandatory 602.7 Continuous physical termite barrier installed in 4 4 areas w/ termites 602.8 Termite - resistant materials are used as followsJper figure In 6(31): (1) Slight to moderate termites - foundation, all structural walls, floors, concealed roof spaces, 2' 0 decks, and exterior claddings within the first 2 feet . ............... (2) Moderate to heavy termites - foundation, all structural walls, floors, concealed roof spaces, 4' 0 decks and exterior d8dninas within the first 3 feet (3) Very heavy termites - foundation, all structural walls, floors, concealed roof spaces, exterior decks, 6' 6 and extenor claddings 602.9 Where required by the ICC IRC or IBC, a water - resistive barrier and /or drainage plane system Is Mandatory Installed behind exterior veneer and/or siding. 602.10 When ice damming is a problem, Ice barrier at roof eaves extends at a min. of 24" Inside the ext. Mandatory wall. 602.11 Enhanced foundation waterproofing is installed (The must be more than typical aspha, : oaring 4 0 602.12 Flashing details on plans & installed atALLas applicable: (1) exterior fenestrations/doors; (2) roof valleys; (3) deck/balconyintersections; (4) roof/wall and 6 6 roof /chimney intersections; (5) drip cap above windows/doors not flashed or protected by overhangs. 602.13 Energy Star Cool Roof or landscaped roof. 3 0 602.14 Occupant recycling Is facilitated iota one or more of the following methods: (1) A built -in collection space in each kitchen & an aggregation /pick -up space in garage /other area 3 0 2 Comr ostfacilit rrovidedon -site 3 0 603 REUSED OR SALVAGED MATERIALS 603.1 Erdsting buildings and structures are reused. 1 per 200fP modified, or deconstructed in lieu of demolition. reused 0 IMAM el, PTSI 603.2 Material & labor cost of salvaged materials = 1 % of the total construction cost. 3 0 603.3 Central storage area or dedicated bins for sorting 4 4 and reuse of sae. buildin r matenal. 604 RECYCLED CONTENT BUILDING MATERIALS 604.1.1 TWC Building materials w/ recycled content are points per 1 used (MINOR Components) table 1 List ;' minor mafls 604.1.2 TWO Building materials w/ recycled content are Points per 6 List 2 major mat'IS: used (MAJOR Components) table 605 RECYCLED CONSTRUCTION WASTE 605.1 Construction waste management plan posted at the pbsite & implemented with a goal of recycling a min 6 6 of 50% of construction and land - Gearing waste. 605.2 On -site recycling of 50% by weight of C& D waste (e.g., grinding/application for soil amendment) 7 0 605.3 Recycled construction materials are recycled 3 pts for 2 1 offslte. M4 r" materials; 1 6 for each add'! type 606.1 Biobased products are used. two types each @ 0.5% of material cost = 3 points MAX two types each @ 1% of material cost = 6 points PTS. = 8 0 each additional material at 0.5% = 1 point (2 pt, no..) 606.2 Wood or wood-based product types are certified to the requirements of a recognized MAX product program: PTS. = 7 The NAHB Research Center authorizes use of the document only by perhaps/es In the Research Centers Page 3 of 14 02010 NAHB Research Center Green Building Cenirgahon certification facilitation by the Research Center Rev07 /15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfstream Gardens, LLC f NAHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL rtY41111 Community /Lot 9: Seaboum Cove Target Certification Levels! Gold Type of building: Multi -Unit #Units = 308 Ghmate Zone = 2 1/012011 Rev Date Pte CYenai GREEN BUILDING PRACTICES paws AvNlaYY VERIFIER NOTES (1) Min. i products used for minor elements 3 0 _. (2) Min 2 products used for major elements 4 0 606.3 Materials used for MAJOR components are manufactured using a min. of 33% of the pnmary MAX manufacturing process energy from renewable sources, 6 0 List mails combustible waste sources, or renewable energy credits. (2 points awarded per material) 607 RESOURCE -E fl /CANT MA7 URI:- 607.1 Products containing fewer materials are used to MAX III achieve the same end -use requirements as 3 PTS = 9 conventional • roducts 3 • is awarded for each marl. 608 INDIGL N ;L 'a i.1:.'. i ,•■ - 606.1 Indigenous materials are used for MAJOR MAX elements of the PTS. = 10 � (1) one type of material _ __.. l 2 - List malls 10 for each additional • 609 LIFE CYCLE ANALYSIS 609.1 A more environmentally preferable product MAX List products selected based on a ISO 14044 LCA PTS. =15 compared - (1) per product comparison 3 each' 0 LCA done by (2) whole building LCA analysis 15e 610 INNOVATIVE PRACTICES 610.1 Product manufacturer's operations are ISO 14001 cerlifled The value of building products from MAX 0 List Products, mfg, & ISO 14001 facilities is 1 % or more of the est. total PTS. = 10 ISO registrar building materials cost (1 point per percent) Pts Claimed I 119 • GREEN LEVEL:IBRONZEISILVER GOLD 'EMERALD IThls Ssctlonn T! - CTION 600 TOT /' Points Awarded 0 0 Points needed for: 45 79 113 146 TOTAL AWARDED 0 Points abovelbelow: -45 -79 -113 -146 none -- 700 ENERGY EFFICIENCY 701 MINIMUM ENERGY EFFICIENCY REQUIREMENTS User must select either Performance (701.1.1), Prescriptive (701.1.2), or Alternative Bronze (701.1.3) compliance path. (Choose one path only) 701.1 The building shall comply with either Section 702 or Section 703 701.1.1 Minimum Performance Path requirements. A building complying with Section 702 shall exceed the MANDATORY ICC IECC by 15 %, and shall include a minimum of 2 701.1.1 practices from Sec 704 OR meet 701.1.2 OR -OR- 701.1.3 701.12 Minimum Prescriptive Path requirements. A 701.12 building complying with Sec. 703 shall obtain a minimum .0R. of 30 points from Sec. 703, and shall include a minimum of 2 oractjces from Sec 704. 701.1.3 Alternative Bronze Level compliance. Any 701.12 ENERGY STAR Qualified Home achieves the Bronze (30) for Chapter 7. Can not get points in 702 Or 703 Project can only be BRONZE 701.2 Emerald Level points. The Performance Path shall be used to achieve the Emerald Level. 701.3 A review by third party shall be conducted to Mandatory Review b verify design and compliance with Ch. 7 pts. 701.4 Mandatory practices. 701.4.1.1 Space heating/cooling sized per Manual J mandatery 701.4.1.2 RadlanVhydronic heating system designed Mandatory using industry- approved guidelines 701.4.2.1 Ducts sealed w /UL181 tape /mastic/gasket Mandatory 701.42.2 Building cavities are not used as supply ducts Mandatory 701.4.3.1 General. Insulation and air sealing is in accordance with the following. (1) Insulation. Insulation is installed in accordance with the manufacturers instructions or focal code Mandatory (2) Shafts opening to unconditioned space are sealed with blockingMashirg; gaps are sealed with Mandatory caulk or foam 1 701.4.3.2(1) Floors. (incl insulated floors above I garages and cantilevered floors) (a) Insulation is installed to maintain contact with the underside of the subfloor, enveloping ductwork Mandatory & without compression or air gaps • (b) Batt & loose -fill insulation is held in place by permanent attachments The NAHB Research Center authorizes use of this document only by participants in the Research Center s Pape 4 0114 02010 NAHB Research Center Green Building Certification certification facilitation by the Research Center Rev07/15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD BullderlAppllcant: Gulfstream Gardens, LLC NAHB Mailing (physical) Address wl Zip Code of Home: Boynton Beach, FL sewaca Community/Lot tit: Seaboum Cove Target Certification Level`' Gold' Type of building: Multi-Unit #Units= 308 Climate Zone = 2 11/01/2011 Rev. Date anONlarr AT GREEN BUILDING PRACTICES Paints Available Rupert ROUGH VERIFER NOTES 701.4.3.2(2) Crawlspace. Where insulated, aawlspace wall insulation is permanently attached to the walls. Exposed earth in unvented Mandatory crawlspaces is covered with continuous vapor retarder with overlapping joints that are taped or masticed 701.4.3.3 Walls (1) Windows and doors. Caulking, gasketing, Bashing tape, foam sealant, or weather- stripping Mandatory forms a complete air barrier. _ (2) Band /rim joists insulated A. air sealed . Mandatory (3) (a) Sill sealer is installed between foundation and sill plate. Mandatory AND (b) Seal the bottom plate of exterior walls. (4)Skylight shafts and knee walls are insulated to Mandatory the same level as the exterior walls (5) Code required building envelope insulation and air sealing are not disrupted at exterior architectural Mandatory features such as stairs & decks 701.4.3.4 Ceilings and attics. (1) Attic access (except unvented attics). Attic access, knee wall door, or drop -down stair is Mandatory rswwrad with invdahnn and naskwtad (2) Recessed light fixtures that penetrate the thermal envelope are airtight, IC- rated, and sealed with Mandatory gasket, caulk, or foam (3) Where ceiling /attic assemblies or designs have eave vents, baffles minimize air movement into or Mandatory under the insulation _ 701.4.4 Fenestration 701.4.4.1 NFRC - certified windows, exterior doors, skylights, and tubular daylighting devices (TDDs) are Mandatory ENERGY STAR, or Table 701.4.4.1 702 PERFORMANCE PAT H 702.1 Points from Section 702 (Performance Path) shall not be combined with points from Section 703 Mandatory (Prescriptive Path). 702.2 A documented analysis shows performance In excess of 2006 IECC by: (1) 15 percent, 30 points OR 30 0 (2) 30 percent, 60 Points OR 60 60 %above 2006 IECC = (3) 50 percent, 100 points OR 100 (4) 60 percent, 120 Points 120 0 (NOTE: Requires a minimum of 30 points from 703.1 Building envelope (Points not available for BOTH 703.1.1 and 703.1.2) 703.1.1. Where the total building thermal envelope UA UA improvement %= is less than required by 2006 IECC, Section 402.1.4, the total building thermal envelope UA is in accordance with Table 703.1.1). Where insulation is used to achieve Points per 0 Grade 1 insulation these percentages, a third -party grading of the Table 703.1.1' veriifed by: installation as achieving Grade 1 's required. A documented analysis is performed using RESCheck version 4 0 1 nr enuivalpnt 703.1.2 The insulation installation is graded by a third 'Points per Graded by: party and is in accordance w/ grade 1 or grade 2 _ Table 703.1.2 0 Grade = 703.1.3 Building Envelope: Exterior Mass Walls 703.1.3 More than 75 percent of the above -grade exterior opaque wall area of the building is min walls Points per 0 Describe type oft with >50% of insulation on exterior.. Table 703.1.3 mass walla 703.2 Insulation & air sealing Rough must show OK at rough for points here ,UJ.Z.7 Insulaton and ar sealing - all crrtena met /03.2.1.1.1 thru /03.2.1.4 Masonry trepla0es o,,st nave gaske(eC 000/0 see 703.2 1 1.5 (1) third party verification performed OR 15 0 Name of 3b party (2) no third party verification performed 3 703.3 Fenestration 703.3.1 The NFRC - certified U -factor and SHGC for Points per windows, exterior doors, skylights, and tubular Table daylighting devices (TDOs) are in accordance with 703.3.1(a) or 0 Table 703.3.1(a) or (b). Table 703.3.1(b) 703.4 HVAC equipment efficiency 703.4.1 Combination space heating and water heating system (combo system) is installed. Devices must 4 0 Combined have a combined annual efficiency of 0.80. _ Efficiency= 70342 Furnace and/or boiler efficiency is in accordance with one of the following: (1) Gas and propane heaters: 0 AFUE = Points per (2) Oil furnace: Table 0 AFUE = (3) Gas boiler 703.42(1), (2), 0 121 /A1 AFUE The NAH8 Research Center authorizes e of this document only by participants in the Research Center Page 5 0114 02010 NAHB Research Center Green Building Certification oertifio0bon fecdloton by the Research Canter Rev07/152010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfatream Gardens, LLC N AHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL r N rr Community /Lot 8: Seaboum Cove Target Certification Leven Type of building: Multi -Unit *Units- sUo Climate Zone = 2 11/012011 Rev. Date Pb CMin" A "` ,: 11111111 GREEN BUILDING PRACTICES Pores AVwaMr ROUGH FINAL VERIFIER NOTES t' '" t'r AFUE _ (4) Oil boiler 0 703.4.3 Boiler has temp reset or burner delay control 1 0 • 703.4.4 Heat pump heating efficiency is in accordance Ponds per with Table 703.4.4. Refrrgerant charge is verifier 0 HSPF= Table 703.4.4 i 703.4.5 Cooling efficiency is in accordance with one of the following. Refngerant charge is verified for conformance with manufacturer's instructions. (1) Air conditioner and heat pump cooling Points per 0 SEER = Table (2) Water source and cooled air conditioners: 703 .4.5(1) or 0 SEER =1 (2) I 703.4.6 Ground source heat pump is installed by a Certified Geothermal Service Contractor in accordance with one of the following ENERGY STAR® levels: (1) Open loop: 2 16.2 EER / 2 3.6 COP 20' 0 EER = (2) Closed loop: Z 14.1 EER / 2 3.3 COP 2 0 or (3) Direct expansion: Z 15.0 EER / z 3.5 COP 20' 0 COP = (4) Any type' a 24 EER / a 4.3 COP 30' 0 703.4.7 ENERGY STAR®, ceiling fan(s) are installed . 1 0 Fans must be In each unit. Max. Pts. =1 / building 703.4.8 Whole bldglunit fan(s) with insulated louvers and a sealed enclosure. Fans in each unit. Max. Pts. 2 0 =2 / bulldina I 703.4.9 In multi-unit bwlmrig=_, an advanced electric and fossil fuel submetering system is installed to monitor electricity and fossil fuel consumption for each unit At a minimum, the information is available to the occupants on a monthly basis. - (1) Device provides monthly consumption info 1 0 (2) Device provides near real -time energy use info 4 703.4.10 An ES programmable thermostat in each 1 0 heating /cooling zone in bldg. 703.5 Water heatina design, eauloment. and Installation 703.5.1 Water heater Energy Factor (EF) is equal to or treater than the following: (1) Gas water heating per Table 703.5.1(1Xa) 0 or (b) (2) Electric water heating per Table 0 703.5.1(2) (3) Oil water heating per Table 0 703.5.1(3) (4) Heat pump water heating per Table 0 703.5.1(4) 703.5.2 Desuperheater is installed by a qualified per Table 0 installer or is pre- installed in the factory 703.5.2 703.5.3 Drain -water heat recovery system is installed in multi - family units. (Points awarded per building.) 2 0 703.5.4.1 Hot water lines insulated to a min of R-4 1 0 703.5.4.2 Boiler supply piping is insulated in 1 0 unconditioned spaces 703.5.5 Indirect fired water heater storage tanks heated 1 0 from boiler s stems are installed 704 ADDITIONAL PRACTICES Two 704 Practices Needed 704.2 lighting and appliances — 704.2.1 Hard -wired lighting is in accordance with one of the following. _ (1) 50% of hard -wired lighting fixtures, or the bulbs 4. 4 in those fixtures, qualify as ENERGY STAR OR (2) 50% percent of the total hard -wired lighting 8' 0 fixtures aualifv as ENERGY STAR . -- 70422 # recessed light fixtures penetrating the thermal envelope are less than 1 per 400 ft2 of conditioned floor 2 2 area and are in accordance with Section 701.4.3 4(2) 704.2.3 Occupancy sensors are installed on indoor lights, AND photo or motion sensors are installed on outdoor lights to control lighting. (1) 25 percent of ALL indoor & outdoor lighting 2' 0 (2) 50 percent of AL L indoor 8 outdoor lighting 4' 0 704.2.4 Tubular daylighting device (TDD) or a skylight with sealed, insulated. low -E glass is installed in all 2 0 rooms without windows. (Points awarded per Mdidlnn 1 704.2.5 ENERGY STAR® or equivalent appliance(s) are installed: - _ (1) refrigerator 5 5 ._... (2) dishwasher 2 .._.. 2 ._.._ (3) washing machine 4 4 704.2.6 Induction cooktop is installed 1 0 704.2.7 Occupancy sensors are installed for a minimum 1 0 of HO nerrwnt of hardwired linhtinn angels - 704.3 Renewable eneruv and solar heatkm and cooling 704.3.1 Solar space heating and cooling 701.3.1.1 Budding orientation, glazing size, 8 overhangs are in accordance with a • L the sun 5 0 tempered design practices of 704.3.1.1 704.3.1.2 Automated solar shading for windows 1 0 The NAHB Research Center authorizes use of the document only by pnticipa is in the Research Centers Pape 6 of 14 02010 NAHB Research Cents. Building Certification certification facilitation by the Research Center Rev 07/15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gutiatream Gardens, LLC NAHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL cairn' Community /Lot #: Seaboum Cove Target Certification Level =F Gold! Type of building: Multi -Unit #Units= 308 Climate Zone = 2 11/01/2011 Rev. Date rm Owned On Oeekrfr AT AT GREEN BUILDING PRACTICES Pales Avaa.ble Rawl ROUGH FWL VERIFER NOTES 704.3.1.3 Passive cooling design features are in accordance with three or more of the following Max Points = 4 - (1) 6derior shading is provided on east and west 1 0 windows (2) Overhangs per Section 704.3.1.1(7) (Points 001 1 0 awarded if points are taken for 704.3.1.1.) (3) Windows and /or venting skylights are located to 1 0 facilitate cross ventilation (4) Solar reflective roof or radiant barrier (zones 1 -3 1 0 only) (5) Internal exposed thermal mass per practice 1 0 Describe:1 renl1iPmRnts (6) Roofing material with a min. 0.75" continuous air 1 0 space from the roof deck from eave to ridge 704.3.1.4 Passive solar heating design. In addition features in 704.3.1.1, ALL are implemented: (1) Additional glazing per 704.3.1.1 (2) Additional thermal mass per practice 4 0 requiement (3) Besides ducts/transfer grilles for 704.3.1,1, forced airflow provided to adjoining areas as „o .ri..t 704.3.2.1 Solar water heater. SRCC OG 300 rated solar domestic water heating installed. (1) Electric Tank, SEF Per Table 0 704.32.1 (2) Gast Tank SEF Per Table 0 704.3.2.1 704.3.3 Additional renewable energy options 704.3.3.1 Photovoltaic panels are installed 1 per 1 /10KW 0 704.3.3.2 Other on -site renewable energy source is 0.5 per 0 Type of renewable: installed (e.g. wind energy, active solar space heat) 1/10 kW _ - 704.4 Ducts 704.4.1 Dud system design & install per Manual D 5' 5 704.42 Space heating system with no air ducts 15* 0 704.4.3 Space cooling system with no air ducts 15* 0 704.4.4 Ductwork meets ALL of the following. (1) Building cavities not used as retum ductwork 12* 12 (2) Ducts 8, equipment within conditioned space. (3) Ductwork is not installed in exterior walls. 704.4.5 Retum ducts/transfer grilles in all rooms w/ a door except bath, kitchen, closet, pantry, laundry 5 5 704.5 HVAC design and Installation 704.5.1 ACCA Manual S selected heating/cooling equip. 1 1 704.5.2 HVAC contractor and service technician are 1 1 certified by a nationally /regionally recognized program 704.5.3 System performance verified by the HVAC contractor for ALL of the following: Name of (1) Start-up procedure per mfg's instructions person /company (2) Refrigerant charge verified verifying (3) Burner is set to fire at nameplate input 3 3 performance: (4) Ai handler setting /an speed per mfg's instructions (5) Total arfow is within 10 percent of design Now (6) Tot external system static < capability at rated flaw _ 704.5.4 HVAC uses an refrigerant w/ no HCFCs 1 0 NOT AVAILABLE AFT ER 1/20/2010 704.5.5 Manufacturers air handler info states leakage is <= 2% design airflow at 1-inch w.c. 4 704.6 Installation and performance verification. 704.6.1 3rd party inspection verifies ALL of the following, as applicable. Rough must show (1) Ducts per ICC IRC or IMC and duds sealed (2) Building envelope air sealing is installed 5 5 OK at rough for (3) Insulation is installed per 703.1.2 points here (4) Windows, skylights, doors flashed/ caulked/ ':AA /Rd nor mfr's recommendations and 703 21 - 704.62 Third -party testing is conducted to verify performance. Wedeln by:i 704.6.2.1 Building envelope leakage rate is demonstrated by blower door test. In addition to the test, the following practices are reauired: (1) Whole building ventilation is provided in accordance with Section 902 2 (2) Fossil fuel furnace 8 water heater is sealed combustion /power vented pe 901 (3) Fireplaces and fuel burning appliances are in accordance with Section 90' 2 (4) The maximum leakage rate is in accordance with:_ (a) 5 ACHSO 3e 0 ACHSO= (b) 4 ACHSO 6e 0 (c) 3 ACHSO 9e 0 (d) 2 ACHSO 12* 0 (e) 1 ACHSO 15* 0 The NAHB Research Center authorizes use of 1Ns document only by participants in the Research Centers Page 7 of 19 0 2010 NAHB Research Center Green Building Certification certification hcatat on by the Research Centel Rev07/15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Guifstream Gardens, LLC NAHB Mailing (physical) Address w/ Zip Code of Home: Boynton Beach. FI. usa.c« s «rr. Community /Lot #: Seaboum Cove Target Certmcatlon Level=1 Golds Type of building: Multi-Unit #Units= 308 Climate Zone - 2 11/01/2011 Rev. Date Pb Claetlee: AT A GREEN BUILDING PRACTICES P. AWl • RouoH FINAL VERIFIER NOTES 704.6.2.2 The entire central HVAC duct system tasted for leakage of 0.1 Indus w.g. The max leakage as a % of design flow is per the following: (1) 6% for ductwork entirely outside thermal 15' 15 Leakage rate % = (2) 6% for ductwork entirely inside the thermal S' 0 . _ . ,_,._ (3) 6% for ductwork both inside & outside envelope 15* 0 704.6.2.3 Balanced HVAC air flows are demonstrated by flow hood Test results are in accordance with BOTH of 8 0 (1)All supply & retum register 25% of design 2 Total airflow is within 10 % of desi • n flow 705 INNOVATIVE PRACTICi 705.1 Whole b b n unit device Installed to controls or mats ens oonwRwtlon• (MAX PT5=7) (1) programmable communicating thermostat 2' l I I (2) energy monitoring device 4' 0 (3) energy management control system 7' ._ 705.2 Renewable energy service Man Is provided as follows: - _- (1) Builder uses renewable energy service plan for interim electric service. Builder's local admin office 2 0 has renewable energy service _ -_ (2) The buyer of the building selects a renewable 5 0 ener• service •Ian •rovided b the utili • Claimed 124 GREEN LEVEL: BRONZE SILVER GOLD EMERALD This Section SECTION 700 TOTALS • .ints Awarded 0 0 Points needed tor: 30 60 100 120 TOTAL AWARDED 0 Points abovelbelow: - 30 - 60 - 100 - 11ff none 800 WATER EFFICIENC 801.1 Indoor hot water usage. 801.1.1 Indoor hot water usage is reduced by ONE of the following practices: (1) All hot water piping runs to both the kitchen & 2' 2 bathrooms is <= 40 feet & is sized per code, OR (2) All hot water piping runs to both the kitchen & 3• 0 bathrooms is <= 30 feet & is sized per code, OR (3) One of the following piping system designs is implemented: (a) structured plumbing w/ demand con/rolled hot loops, max of 4 cups water contained 6' 0 downstream of recirculating trunk line, OR (b) engineered parallel piping (re., manifold system) w/ < 15' to parallel piping system & 6' 0 parallel piping to fixture fittings has max of 8 cups, OR ..., (c) central core plumbing w/ all plumbing fixture fittings located so the volume of water contained in each pipe run between the water heater & 8' 0 fixture fitting is a maximum of 6 cups, OR (4) Pipe runs > 40' from water heater to fixture locations aided by (a) tankless water heater at point of use, OR 1' 0 a solar- assisted system, OR .. - ...... .._.._.... (b) on- demand hot water recirculation system 1' 0 801.2 Energy Star or equivalent water conserving appliances are Installed. (1) dishwashers (multiples all must comply) 2 2 (2) washing machine 8' 12 (3) washing machine w/ water factor of 6.0 or less 12' 801.3 Food waste disposer at primary kitchen sink. 1 1 801.4 The total showerhead flow rate in each shower compartment is per 801.4(1) or 801.4(2) at 80 psi. Showers have automatic compensating valve designed to provide scald protection. (1) 2.0 less than 2.5 gpm (Pte per enon deed) OR 1' each 1 (2) 1.6- less than 2.0 gpm (Pointe ger ah...m..e) MAX = 3 (3) All showerheads in unit are 2.0 to < 2.5 gpm, 1' Add, Point 0 OR (4) All showerheads in unit are 1.6 to < 20 gpm 2' Add, Pts 2 _. - .... __.. 801.5 Faucets. 801.5.1 Water - efficient lavatory faucets with 1.5 gpm (5.68 Um) or less malomum flow rate when tested at 60 psi (414 kPa) in accordance with ASME A112.18.1 are installed: (1) a bathroom (Points awarded per bathroom) 1 3 MAX = 3 (2) all lavatory faucets 2 2 801.52 Self- dosing valve, motion sensor, metering, or 1 0 pedal- activated faucet installed (Points per fixture) MAX = 3 801.6 & 8022 Water closets and urinals are In accordance with the following: (Max 24 pts for (2) +(4) (1) Gold and Emerald Levels: All water closets and Mandatory for urinals are per either Section 601.6 or 802.2 GOLD or EMERALD (2) A water closet w/ an effective flush volume of MAX=18 for 28 gal cv less & per EPA WaterSense (6 Pts per 128 gpf 12 fixture) OR Composting or waterless toilet/urinal is MAX=24 for installed (8 Pts per fixture). composting The NAHB Research Center autOnzes use of this document only by participants in the Research Centers Page a of 14 02010 NAHB Research Center Green Building Certification certification facilitation by the Research Center Rev0 7 /1 52 01 0 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD / Builder /Applicant: Gulfstream Gardens, LLC I NAHB Mailing (physical) Address wl Zip Code of Home: Boynton Beach, FL uuace k+ru Community /Lot #: Seaboum Cove Target Certification Level =' Gold' Type of building: Multi -Unit #Units=- 308 Climate Zone = 2 11,012011 R. Dale Pts Ctasne0 lMl DOabrM AT AT GREEN BUILDING PRACTICES PanesAwtlabis Wpad ROUGH FINAL VERIFIER NOTES (3) A urinal w/ flush volume of 0.5 gal. or less 4 0 (4) 411 water closets are 1 28 gpf or less and all urinals ? 5 gpf ro less (6 pts) OR all water closets 6 or 8 E and unnnals are waterless or composting (8 pts). 801.7 Irrigation systems. 801.7.1 Low- volume initiation is installed for each landscape type utilized: (Points awarded once for each type of irrigation. Pts for multiple types allowed.) (MAX PTS = 10( (1) high DU rotating spray heads 2e (2) drip irrigation 4* (3) bubblers 4* 6 (4) drip emitters 4• (5) soakerhose 4e - (6) subsurface irrigation 6e 801.72 Irrigation system is per BOTH of the following: (1) designed by a professional per WaterSense; 3 3 AND (2) installed per WaterSense program 801.7.3 System zoned separately for turf & bedding 2 _ 2 801.7.4 The irrigation system(s) is controlled by a smart controller (1) ET based irrigation controller with a rain sensor 4* 4 (2) Soil moisture sensor based irrigation controller 4* 0 (3) No -,gat:o . installed, landscape plan p.. 15* 0 503 5 801.8 Rainwater collection and distribution Is provided. (1) Rainwater is collected and used 6 0 (2) Distribution via renewable energy or gravity 2 0 801.9 Whole dwell) unit water filter installed. 1 0 802 INNOVATIVE PRACTICES 802.1 Gray water, as specified In ICC IRC, Appendix 0 Is separated and reused, as permitted by local building code. (1) NI water closets flushed by reclaimed or 4' 0 recycled water /Points awarded Der fixture) (2) Irrigation from reclaimed or recycled water on- 10* 0 site 8022 Composting or waterless toilets and/or urinals are per the following: See 801.6 802.3 Automatic shutoff device OR leak detector. (1) Excess water flow shutoff 2 0 2 Leak detection system 2 0 Level Achieved For se SECTION 800 TOTALS Pts Claimed GREEN LEVEL BROIL LD SILVER GOLD EMERA This Section Points Awarded 0 0 Points needed for: 14 26 41 60 TOTAL AWARDED 0 Points abovelbelow: -14 -26 -41 -60 none 901 POLLUTANT SOURCE CONTROL 901.1 Space and water heating options. _ 901.1 .1 Natural draft heating or water heater is instaoea and not in conditioned space unless in separate mom with outdoor air scarce. NOTE: This is 5 0 mandatory it points in 704 6 2 1 when natural draft annlianrac are r1mr1 901.12 Air handling equip /return ducts not in the 5 5 garage, unless in isolated, sealed room wI outside air 901.1.3 The following combustion space heating & water heating equipment is in conditioned space. (1) direct vent furnace or boiler 5 0 (2Xa) power vent water heater 3e 0 (2Xb) direct vent water heater 5' 0 901.1.4(1) heat pump air handler in unconditioned 2* 0 901.1.4(2) heat pump air handler in conditioned space 5* 5 901.2 Fireplaces and fuel- buming appliances. Section 9012.1(2)a 15 not mandatory. 9012.1 Fireplaces and natural draft fuel - burning appliances (except cooking appliances, clothes dryers, water heaters and fumaces) are code compliant, vented to the outdoors and have adequate combustion and ventilation air provided to minimize spillage or back- drafting, in accordance with the following, as applicable. (1) direct Natural h propane fireplaces with power or dir vented d have e permanent fixed glass fronts or Mandatory 0 gasketed doors per CSA Z21.88a2.33o or 721.50/ 7 if applicable 9 99 (2) Solid Fuel buming appliances are in accordance with the following requirements: (a) Wood - buming fireplaces have gasketed doors, outside combustion air, and means for 4 0 sealing the flue to minimize interior air loss when not in operation (b) Factory- built, wood - buming fireplaces are Mandatory 0 per UL 127 and are EPA certified 6 N applicable (c) Woodstove/6replace inserts per UL 1482 & Mandatory 0 per EPA Certification & WAC173- 433-100(3) 6 N applicable (d) Pellet (biomass) stoves/fumaces per ASTM Mandatory 0 E1509 or EPA certified 6 H applicable (e) Masonry heaters per ASTM E1602 and ICC Mandatory IBC, Section 2112.1 6 I applicable 0 9012.2 Fireplaces, woodstoves, pellet stoves, or 7 7 masonry heaters are not installed 901.3 Garages are In accordance with the following: The NAHB Research Center euthorcees use of this document only by participants in the Research Center's Page a 0114 0 2010 NAHB Research Center Green Buldng Certification certification facilitation by the Research Center Rev-07/15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfstream Gardens. LLB �N Mailing (physical) Address w/ Zip Code of Home: Boynton Beach. Fl . t e N T r" I Community /Lot #: Seaboum Cove Target Certification LeveP.l G0141I Type of building: Multi -Unit #Units= 308 Climate Zone = 2 1101/2011 Rev. Date Pts audited . - AT AT GREEN BUILDING PRACTICES Pa1a4 AvaMabie ROUGH FINAL VERIFIER NOTES (1) Attached garage (a) Door between garage & conditioned space is Mandatory 2 tightly- sealed and gasketed 2 If applicable (b) A continuous air barrier is provided between Mandatory walls & ceilings separating the garage from the 2 2 if applicable conditioned living spaces (c) 100 cfm ducted, or 70 cfm unducted wall exhaust fan vented to outdoors for continuous operation or controls activate operation for a 4 4 min. 1 -hr. Ducted fan flow & duct size per Appendix A (2) A carport, detached garage, or no garage 10 0 901.4 Wood materials. A minimum of 85 percent of material within a product group (I.e., wood structural panels, countertops, composite trim/doors, custom woodwm*c, and/or component closet shelving) Is manufactured in accordance with the following. (AMA)( PTS. =10) (1) Structural use plywood per PS 1 or PS 2. OSB Mandatory per PS 2. All marked Exposure 1 or Exterior (2) Particleboard and MDF per CPA A208.1 or CPA 2 , A208.2 (Pts awarded per product group) (3) Hardwood plywood per HPVA HP -1 & HUD Title 24, Part 3280 (Pts awarded per product group) 2* (4) Particleboard, MDF, or hardwood plywood per 3* CPA 2 (Points awarded per product group) 8 (5) Composite wood or agrifiber panels w/ no urea - formaldehyde or per CARB Composite Wood Air 4* Toxic Contaminant Measure Standard. (Points awarded gerproduct growl (6) Non - emitting products (Points awarded per 4 , product group) 901.5 Carpets are In accordance with the following: (1) Wall- to-wall carpeting is not installed adjacent to Mandatory I - water closets and bathing fixtures. (2) A minimum 0185 percent of installed carpet area, padding, or adhesives per CDPH 01350, as certified by a third -party program, such as the CRI Green Label Plus indoor Air Ouegy Program (a) carpet 6 6 (b) carpet cushion 2 2 (c) carpet adhesives 2 2 901.6 At least 85% Installed hard - surface flooring per CDPH 01350, certified by a 3rd party, (e.g. Resilient Floor Covering Institute's FloorScore 6 6 Indoor Air Certification Program or the GREENGUARD Environmental Institute's Children and Schools Certification Program) 901.7 At (east 85% of wall coverings per CDPH 01350, certified by 3rd party, (e.g. SCS indoor Advantage Gold Program or the GREENGUARD 4 0 Environmental Institute's Children and Schools Certification Program) 901.8 At least 85% of site applied Interior architectural coatings per either 901.8.1 OR 901.8.2 Not Both 901.8.1 Site - applied interior products per Zero VOC as determined by EPA Method 24 GARB Suggested Control Measure for Architectural Coatings GS -11 5 • 0 VOC limits in accordance with (a) 50 grams/liter Oat (b) 100 grams/liter non flat (c) 350 grams/liter clear wood vamisr (d) 550 grams/liter clear wood lacquer 901.8.2 Coatings per CDPH 01350, certified by 3rd party(e g. GREENGUARD Environmental Institute's 8 • 8 Children and Schools Certification Program or the SCS Indoor AnVanfartn (nld Prnrram 901.9.1 Exterior low -VOC adhesives and sealants for subfloors & exterior per one of the following: (1) The CARB regulation as follows. (a) Adhesives. VOC content not to exceed the greater of 7 %t by weight or 75 grams/liter (b) The VOC of reactive sealants (i e., silicones, polyurethanes, & hybrids, e.g. MS Polymer & SPUR) not to exceed 4% by weight or 50 grams/liter, whichever is greater 5 5 (c) The VOC of all other caulks & sealants not to exceed 2% by weight or 30 grams/liter . whichever is greater (d) The VOC content of contact adhesives not to exceed 55 percent by weight or 480 grams/liter, whichever is greater .................... (2) GS -36 5 0 901.9.2 Interior low -VOC adhesives and sealants per one of the following, as applicable. The NAHB Research Center authorises use of this document only by participants in the Research Centers Page 10 of 14 a 2010 NAHB Research Cente Green Building Certification certification facilitation by the Research Center Rev07/152010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gulfstream Gardens, LLC. 1741: NAM Mailing (physical) Address wl Zip Code of Home: Boynton Beach, FL Community /Lot I: Seaboum Cove Target Certification Levelei Goldl Type of building: Multi -Unit #Units= 308 Climate Zone = 2 11/012011 Rev. Date Pb Cbmad eizzlier l AT AT GREEN BUILDING PRACTICES PWrl.Avaltable ROUGH FINAL VERIFER NOTES (1) CDPH 01350, certified by 3rd party program, (e.g. GREENGUARD Environmental Institute's 5 Children and Schools Certification Program or SCS 5 Indoor Advantage Gold Program) (2) GS -36 1 0 901.10 At least 85% of kitchen & bath vanity cabinets per one of the following. (Where more than one of the following practices is used, the practice with the fewer number of points Is awarded.) (1) Kitchen and bath vanity cabinets in accordance with KCMA ESP 01, or equivalent, are installed 2• 0 (2) Kitchen and bath vanity cabinets in accordance with GARB Composite Wood Air Toxic Contaminant 3• 0 Measure Standard installed (3) Kitchen and bath vanity cabinets are installed that contain no added urea formaldehyde or are in 5. 0 accordance with GGPS. EC. 010. R0, ASTM D 6670, or equivalent. 901.11 Insulation Is In accordance with the following: (1) Formaldehyde emissions of wall, ceiling, and floor insulation materials per CDPH 01350, certified by 3rd party, (e.g. GREENGUARD Environmental 4 4 Institute's Children and Schools Certification Program or the ACS Indoor Advantage Gold Program) (2) Formaldehyde emissions of duct insulation per CDPH 01350, certified by 3rd party, (e.g. • GREENGUARD Environmental Institute's Children 1 0 and Schools Certification Program or the SCS Indoor Advantage Gold Program 901.12 CO alarm hard -wired wl a battery back -up in the Immediate vicinity of each bedroom per NFPA 3 3 720 8 devices certified by 3rd party per CSA 6.19 or ill 70U 901.13 Fixed grilles/mats (removable for cleaning) are installed to control pollutants at all main building entrances by one of the following methods. (1) Exterior grilles or mats 1 0 (2) Interior grilles or mats 1 0 901.14 All Interior common areas of a multi-unit 1 0 bulldin 1 • • ted as non- smokin.. 902 POLLUTANT CONTROL 902.0 Intent. Pollutants generated In the building are controlled. 902.1 Soot ventilation. 902.1.1 Spot ventilation is in accordance with the following: (1) All bathrooms are vented to the outdoors - rate = 50 cfm or 20 cfm d continuous operation Mandatory (2) Clothes dryers are vented to the outdoors Mandatory (3) Kitchen exdlaust units ducted outdoors 8 rate of 8 0 100 cfm or 25 cfm if continuous operation 902.1.2 Bathroom or laundry exhaust fan is provided w/ an automatic timer or humidistat. ( MAX PTS. = 9) (1) First device 5 0 (2) 2 devices installed 7 0 (3) 3 or more devices. 9 1 0 902.1.3 Kitchen/bath/laundry fans verified to 8 0 Tested b ,9(12 yl . 902.1.4 Exhaust fans are ENERGY STAR ®, as applicable. (Points awarded per fan. MAX PTS. = 6) (1) ENERGY STAR® fans 2' (2) ENERGY STAR® fans operating at 1 sone or 3 , 0 less 902.2 Building ventilation systems. 902.2.1 Whole building ventilation system is implemented per Appendix B. Points here are required forpoints in 704 6 2 1 (1) continuous exhaust or supply fans) 8 • 0 (2) balanced exhaust 8 supply fans w/ intakes 10 • 0 located per mfg to not introduce polluted air (3) heat- recovery ventilator (4) energy - recovery ventilator 17 • 0 _ 902.2.2 Whole Building vent system tested verily fan 8 flow per Appendix B 902.2.3 MERV filters 8 or greater on central air systems. Designer or installer verify that egolpmen• 3 3 accommodates the greater pressure drop. 902.3 Radon control measures der ICC IRC Appendix F. Zones are defined In FI ure 9 1'. (1) Buildings located in Zone 1 Mandatory Zane <_ == ENTER RADON ZONE # No Points for buildings in Zone 3 (a) a passive radon system is installed 10' 0 (b) an active radon system is installed 15 • 0 (2) Buildings located in Zone 2 (a) a passive radon system for zone 2 10 • 0 902.4 One of the following HVAC system protection measures Is performed. (1) HVAC supply registers, retum grilles, 8 rough - ins covered during construction to prevent dust and 3 other pollutants from entering the system, OR The NAHB Research Center authoress use of this document only by participants in the Research Center's Page 11 o114 C 7010 NAHB Research Center Green Building CertAcetlon oartificalion facilitation by the Research Center Rev07 /152010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD , r Bullder /Appllcam: Gulfstream Gardens, LLC I � NAI f8 Mailing (physical) Address wl Zip Code of Home: Boynton Beach, FL sn7ra Community /Lot 9: Seaboum Cove Target Certification Level.' Gold Type of building: Multi-Unit #Units= 308 Climate Zone • 2 1 1/01/2011 Rev. Date AT AT GREEN BUILDING PRACTICES Parts Awe.we ROUGH FP AL VERIFIER NOTES (2) Prior to occupancy. HVAC supply registers, retum grilles, & duct terminations inspected & r vacuumed. Coils are inspected /cleaned & the filter is replaced. -- 902.5 Central vacuum system vented to the outside. 5 0 902.6 The living space Is sealed to prevent ulwantsd contaminants. At Rough" column (2 )-(4) must show OK for points to be awarded at final (1) Attic access, knee wall door, caulked, gasketed, 2 2 or otherwise sealed. (2) All penetrations sealed (e.g., top plates. HVAC register boots recessed can lights) - attic/ceiling 2 2 (3) All penetrations are sealed (e g.. top plates, 2 2 HVAC register boots) - walls (4)All penetrations are sealed (e q top plates, 2 2 HVAC re• ister boots) - floors 4Oa f.1OISIURE MANAGE ME Ni VAP 903.1 Tile backing under tile In wet areas per ASTM Mandatory C1178, C1278. C1288, or C1325. 9032.1 A capillary break and vapor retarder are installed at a :ancrete slap= in accordance with Sections 903.2.1(1) or 903.2.1(2), as modified by Section 903.2.1(3): (1) 4-inch of 54 -inch aggregate w/ poly (2) 4 -inch of sand w /geoteu6(6 matting plus poly • (3) Modification. (a) On Group 1 certified soils a gravel bed or Mandatory geotextile matting 1s not requred (b) In Dry locations, per Figure 6(1), poly not required unless for radon resistance (902.3) 90322 Capillary break on footing. 3 0 903.3.1 Crawlspace vapor retarder per the following, as applicable. Joints overlap 6 inches & are taped. (1) 6 mil vapor retarder s arder on de 6 up wails 6 0 (2) Damp -proof walls provided below finished grade Mandatory 903.3.2 Crawl sealed for infiltration & w/ conditioned er at 0.02 cfm per B2 area AND one of (1) a concrete slab over lapped 6 mil poly, OR 10' , 0 .._.._ (2) 6 mil poly lapped and taped at the seams 8' 0 11 903.4.1 Moisture control measures are in accordance with the following: (1) No building materials with visible mold. 2 2 (2) Walls are not enclosed (e.g. with drywall) if the Mandatory insulation has a high moisture content from 2 2 installation or weather. (3) Moisture content of lumber checked not to exceed 19% prior to the surface and /or wall cavity 4 4 enclosure. 903.4.2 Moisture content of subfloor, substrate, or slab 2 2 per industry standard for finish flooring 903.5.1 Plumbing lines not in exterior well cavities. 2 2 903.52 Cold water pipes in unconditioned spaces 2 0 insulated to R -4 & condensation prevented. .._.,_.._,...._.._ 903.5.3 Plumbing is not in unconditioned spaces. 5 5 903.6 All HVAC ducts, plenums, & trunks in unconditioned attics, basements, and crawl spaces and all outside supply air ducts are: (1) insulated to a minimum of R-6 I Manda2 0 tory I (2) insulated to a minimum of R-8 903.7 In climate zones 1A. 2A. 3A. 4A. and 5A (see fit .6(1)) RH con led below 60 % by: - (1) additional dehumidification system(s) OR 0 (2) central HVAC system equipped with additional 8 0 '04 INNOVATIVE PRACTICES 904.1 Humidity monitoring system with 1 mobile . ^ unit 6 2 remote units. I ____._..+_ . 904.2 Kitchen exhaust s 400 cfm & make -up alr. SECTION 900 Tot r.. r Pts Claimed 1 105 _ Leval Achieved For Points Awarded 0 0 GREEN LEVEL: BRONZEI8ILVER GOLD 'EMERALD Thls Section TOTAL AWARDED 0 4 Points needed for: 36 65 100 140 none - ...... :� - ...r — - 100 - 140 PWMs abolraRnslosr• - 36 $5 1000 OPERATION, MAINTENANCE AND BUILDING OWNER EDUCATION 1001 6L Ir: l OCJ'1t P- t. 1001.1 An building owner's manual Is provided that includes the following, as available and applicable. (Points awarded per two Items Points awarded for both mandatory and non - mandatory items.) NOT AVAILABLE FOR MULTI -UNIT BUILDINGS (1) A green building certificate or placeholder (2) List of green building features (3) Mfg's manuals or product data for equipment, Mandatory fixtures, & appliances. If data sheet is in manual, product manual may be attached to the appliance note all that apply (4) Information on local recycling programs (5) Info on utility purchasing renewable energy ._ (6) Benefits of energy efficient lighting systems (e.g., _ CFL bulbs, LEDs) in high usage areas The NAHB Research Center authorizes use ultras document only by parscip.rt0 in the Research Centers Page 12 of 14 0 2010 NAHB Resew, er1. Green Building CeM6cation eertl6ced %egMbn by the Research Center Ree07/152010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Builder /Applicant: Gutfstream Gardens, LLC NAHB Mailing (physical) Address wl Zip Code of Home: Boynton Beach, FL C "N E S Community/Lot #: Seaboum Cove Target Certification level =1 Gold) Type of building: Multi -Unit #Units= 306 Climate Zone = 2 11/01/2011 Rev. Date Pte Clamed i.MINI S ALVAI:'1 on0S.DMr AT AT GREEN BUILDING PRACTICES Pointe Available Resit ROUGH FINAL VERIFER NOTES (7) A list of practices to conserve water & energy (8) Local public transportation options (9) A diagram of safety valves & controls (10) Applicable info on Frost Protected Shallow Foundations (11) Local providers for service & maintenance to assure proper performance of equipment & structure (12) Clearly labeled photos (prior to insulation) of framing with utdibes installed 1 point per two (13) Maintenance checklist Rams (incl. (1F — _ pl) 0 (14) List of hazardous materials often used in the building & instructions for proper handling /disposal down to rest integer (15) Information on organic pest control, fertilizers, deicers, and cleaning products (16) Information on native landscape materials and /or those that have low -water requirements. (17) Information on maintaining the building's relative humidity in the range of 30% to 60% (18) Instructions for inspecting for termite infestation (19) Instructions for maintaining gutters/downspouts & importance of diverting water 5 from foundation (20) Importance of maintenance and operation in retaining the attributes of a green building 1002 TRAINING OF BUILDING OWNERS ON OPERATION AND MAINTENANCE FOR ONE- AND TWO- FAMILY DWELLINGS AND MULTI -UNIT BUILDINGS 1002.1 Owners/occupants are familiarized with the green building practices implemented & the Impact of occupants' activities on costs of operating the building. Training is provided regarding ALL equipment operation and control systems Including at least ALL of: 6 6 (1) HVAC filters (2) thermostat operation and programming (3) lighting controls (4) appliances and settings (5) water heater settings 1003 CONSTRUCTION. OPERATION. AND MAINTENANCE MANUALS AND TRAINING 1003.0 Intent. Manuals provided to the responsible parties regarding the construction, operation, and maintenance of the building. NOT AVAILABLE FOR 1 & 2 FAMILY DWELLINGS. 1003.1 A building construction manual, Including five or more of the following, 1s compiled and distributed In accordance with Section 1003.0. One (1) point awarded per two Items. Points awarded for both mandatory and non - mandatory Items. Points not available for Single Family (1) A narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building (2) A green building program certificate (or place holder), copy of the National Green Building Mandatory Standard, & the individual measures achieved (3) Warranty, operation, & maintenance instructions for all equipment, fixtures. appliances, & finishes note all that apply (4) As -built drawings of the building 1 point per (5) As built site plan showing storrnwater two items management, utility lines, landscaping wf common name and genus/species of plantings (Intl. (1)43)) (6) Diagram of safety valves & controls 4 (7) A list of type/wattage of bulbs in light fixtures round down (8) Clearly labeled photos (prior to insulation) of to nearest framing with utilities installed Integer 1003.2 Operations manuals are distributed to the responsible parties per 1003.0. Five or more of the following options are Included. 1 pt award per 2 Items. (1) Importance of operatinglliving in a green building This narrative is in all responsible parties' manuals (2) Practices to conserve water & energy Mandatory (3) Information on maintaining the building's relative humidity in the range of 30-60% note all that apply (4) Info on purchasing renewable energy & info on incentives for renewable energy systems (5) Local & on -site recycling & hazardous waste 1 point disposal programs &, if applicable, building recycling per two & hazardous waste handling/disposal procedures Items (6) Local public transportation options (Intl. (1)- (7) Benefits of energy efficient lighting systems (3)) 2 (8) Information on native landscape materials and /or those that have low water requirements roun0 The NN1B Research Center authorizes use of this document only by participants in the Research Centers Page 13 0114 C 2010 NAMB Research Genie, Green Build g Certification oertifification faefblaton by the Research Center Rev 07/15/2010 VERIFICATION REPORT - NATIONAL GREEN BUILDING STANDARD Bullder /Applicant: Gutfstream Gardens, LLC I NAHB ass uaca Mailing (physical) Address w/ Zip Code of Home: Boynton Beach, FL `v "a Community /Lot #: Seaboum Cove Target Certification Level =1 Gold' Type of building: Multi-Unit #Units= 308 Climate Zone = 2 11/012011 Rev. Date Pls Claimed - GREEN BUILDING PRACTICES Pease Available ` , ROUGH FINAL V tMO1 (9) Information on radon mitigation, if applicable nearer ^. (10) Procedure for educating tenants on the proper integer , use, benefits, & maintenance of green building j systems including a maintenance staff notification process for improperly functioning equipment 1003.3 Maintenance manuals are created/distributed per 1003.0. Between all manuals, live or more of the following an Included. 1 point is awarded per 2 items. (1) A narrative detailing the importance of , ,? maintaining a green building in all manuals Mandatory note all that apply (2) List for service /maintenance (3) User - friendly maintenance checklist including: (a) HVAC filters (b) thermostat operation and programming (c) lighting controls (d) appliances and settings 1 point per two (e) water heater settings items HI fan controls (incl. (1)) (4) List of common hazardous materials often used Must include at 2 around the building and instructions for proper kart 5 Items handling and disposal of these materials (5) Information on organic pest control, fertilizers, round down to deicers and cleaninn nrodiicts nearest Integer (6) Instruction for maintaining gutters/downspouts & (7) Instructions for inspecting for termites (8) A procedure for rental tenant occupancy tumover that nreeprvas tha nreen features (9) An outline of a formal green building training Claimed 1 14 Level Achieved For SECTION 1000 TOTALS Points Awarded 0 0 GREEN LEVEL: BRONZE SILVER GOLD EMERALD This Section TOTAL AWARDED 0 _ Points needed for. 8 10 11 12 none Points above/below: -8 -10 - 11 - 12 Ctadmetl ALL SECTION TOTALS ' • in w8 • - • 0 0 GREEN LEVEL: BRONZE SILVER GOLD 1 ' u 7 nit r^" �^", or TOTAL AWARDED 9 _- Points needed for: 222 406 556 none Points above/below: - 222 - 406 - 558 - 697 The NAHB Research Center authoress use of tits document only by participants in the Research Centers Page 14 of 14 02010 NAHB Research Center Green Building Cartircetan camm000n lacilltanon by the Research Centel Rev 07/152010 Phase I EXHIBIT D1 SEABOURN COVE UNIT AUDIT MATRIX 2/2/2012 __ A I lia D TOTAL TOTAL # OF UNIT TYPE AUDITS IN 10 YEARS 50 81 54 68 _ 67 _ 320 Note: BC stands for unit type B comer unit _ YEAR AUDITED NUMBER OF UNIT TYPES AUDITED IN 10 YEARS UNIT BUILDING # TYPE 1 2 2 4 5 6 7 6 9 10 A B BC C D 1 B X X X 3 BC X X 2 C X X X 3 D X X 2 2 B X X X 3 BC X X 2 C X X 2 D X X X 3 3 B X X X 3 BC X X 2 C X X X 3 D X X 2 4 B X X X 3 BC X X 2 — C X X 2 D X X X 3 5 B X X X 3 BC X X 2 C X X X 3 D X X 2 6 B X X X 3 BC X X 2 C X X 2 D X X X 3 7 B X X X 3 BC X X 2 C X X X 3 D X X 2 8 B X X X 3 BC X X 2 C X X 2 D X X X 3 9 B X X X 3 BC X X 2 C X X X 3 D X X 2 10 B X X X 3 _ BC X X 2 C X X 2 D X X X 3 11 B X X X 3 BC X X 2 C X X X 3 D X X 2 12 B X X X 3 BC X X 2 C X X 2 D X X X 3 13 B X X X 3 BC X X 2 C X X X 3 D X X 2 14 A X X X X X X X X X X 10 I t 15 B X X X 3 2/28/2012 1 of 2 Phase , EXHIBIT DI SEABOURN COVE UNIT AUDIT MATRIX BC X X 2 C X X 2 D X X X 3 _ 16 B X X, X 3 BC X X 2 C X X , X 3 D X X 2 17 B X X X 3 BC X X 2 C X X 2 D X X X 3 18 B X X X 3 BC X , X 2 C X X X 1 3 I D X X 2 19 B X X X 3 BC X X 2 . C X X 2 D X X X 3 20 A X X X X X X X X X X 10 21 A X X X X X, X X X X X 10 22 A X X X X X X X X X X 10 23 B X X X 3 BC X X 2 C X X . X 3 D X X 2 24 B X X X 3 BC X X 2 C X X 2 D X X X 3 25 B X X X 3 BC X X 2 C X X X 3 D X X 2 26 B X X X 3 BC X X 2 l L C X X 2 D X X X — 3 27 B X X X 3 BC X X 2 C X X X 3 D X X , 2 28 A X X X X X X X X X 10 , ii 29 B X X X 3 BC X X 2 C X X 2 D X X X 3 30 B X . X X 3 BC X X 2 C X X X 3 D X ' X I 31 B X X X 3 BC X X 2 C X X 2 D ' X X , X 3 32 B X X X 3 I BC X X 2 C X X X 3 D X X 2 TOTALS 50 81 54 68 67 1 2/28/2012 2 of 2 ■ Phase II EXHIBIT D2 SEABOURN COVE UNIT AUDIT MATRIX 2/2/2012 A B BD D D TOTAL TOTAL # ' OF UNIT TYPE AUDITS IN 10 YEARS 70 21 14 18 17 - 140 Note: BC stands for unit type B comer unit • YEAR AUDITED NUMBER OF UNIT TYPES AUDITED IN 10 YEARS UNIT BUILDING # TYPE 1 2 3 4 5 8 7 8 9 10 A B BC C D 1 B X X X 3 BC X X 2 C X X X 3 D X X 2 2 B X X X 3 BC X X 2 C X X 2 D X X X 3 3 B X X X 3 BC X X 2 • C X X X 3 D X X 2 4 B X X X 3 BC X X 2 C X X 2 D X X X 3 5 A X X X X X X X X X X 10 6 B X X X 3 BC X X 2 C X X 2 D X X X 3 7 B X X X 3 BC X X 2 C X X X 3 D X X 2 8 A X X X X X X X X X X 10 9 A X X X X X X X X X X 10 10 B X X X 3 BC X X 2 C X X X 3 D X X 2 11 B X X X 10 12 B X X X 10 13 B X X X 10 14 A X X X X X X X X X X 10 TOTALS 70 21 14 18 17 2/28/2012 1 of 1 = - .111111 44ii1 ,'nay 4.' i i Z s� " o A *RRi 44 t , .... 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FI. 33064 PH: 954- 943 -9433 • FAX: 954 -793 -4754 BOYNTON cRA =BEACH CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 X 1 Old Business 1 I New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of the Lease Agreement with Adventurous Palate, LLC, d /b /a "The Little House" for use of the Jones Cottage Building SUMMARY: At their regular meeting of October 11, 2011, the CRA Board approved RFP respondent Chrissy Benoit and her restaurant concept "The Little House" to be the new tenant of the Jones Cottage project. As part of the restaurant project's approval, CRA funding in the amount up to $150,000 was approved with Ms. Benoit agreeing to provide up to $100,000 in match funding. At the meeting held on November 8, 2011, CRA staff presented a range of basic terms and conditions to be incorporated into lease agreement with Adventurous Palate, LLC which met the goals and intentions of the Agency and Tenant. The CRA Board approved the basic lease terms as presented (attached). After several meetings and numerous attempts at formulating the terms and conditions of lease agreement, the attached document has been created and negotiation by both parties. The following is a brief list of terms as presented in the lease document: Lease Term: Initial Term of 5 years with two 5 year options Lease Rate: Year One: no Rent. Year Two: $5.00 /sqft annual rate plus taxes, insurance and maintenance. Years 3 -5: 2% increase on base rent plus taxes, insurance and maintenance. Staff and Ms. Benoit are seeking CRA Board approval of the lease agreement as presented and to provide authorization to make any necessary changes which are not substantive in nature administratively with approval from CRA legal counsel. FISCAL IMPACT: To be Determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approval of the Cottage Lease Agreement with Adventurous Palate, LLC and authorize staff to make any necessary changes which are not substantive in nature with approval from CRA legal counsel. Mic ael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012\Adventurous Palate Lease Agrmnt.doc TERM SHEET The Boynton Beach Community Redevelopment Agency ( "Lessor ") proposes to lease the Premises to Chrissy Benoit (Lessee) for the purposes of restaurant use. PREMISES: 480 E. Ocean Avenue, Boynton Beach, FL 33435 an 850 sq. ft. structure, patio and walk -in cooler and surrounding areas as further described in Attachment "A ". TERM: The term of the lease shall be for five years. RENTAL RATE: The rental rate shall be calculated on the gross building square footage which includes the patio and walk -in cooler area. 1 Year of Lease Term: $0 per sq. ft. base rent monthly and no expenses. 2nd Year of Lease Term: $5.00 per sq. ft. base rent plus expenses. 3rd - 5 Year of Lease Term: $5.10 per sq. ft. base rent plus expenses. TENANT IMPROVEMENTS: The Lessor shall pay for the design and permitting of the tenant improvements. The Lessee agrees to pay up to $100,000 of the tenant improvements. The Lessor agrees to pay the balance of the cost of the tenant improvements. RIGHT TO TERMINATE: The Lessee may terminate the Lease prior to the termination of the Lease by notifying the Lessor ninety (90) days in advance and by payment of one (1) year of rent at the current rent rate. EXPENSES: Lessee shall be responsible for real estate taxes, insurance and maintenance of the premises except in year one of the Lease. Expenses shall be prorated on a monthly basis and paid at the time of rent. SECURITY DEPOSIT: RENEWAL OPTION: If Lessor and Lessee opt to renew the Lease the base rent shall be calculated by using an average of rents for comparable properties in the market area. FIRST RIGHT OF REFUSAL TO PURCHASE PREMISE: During the term of the Lease, before Lessor may sell the Premises to a third party, Lessor shall first offer the Premises to Lessee following the procedures set forth herein. Lessee shall have ten (10) days following the date Lessor first presents Lessee such offer to decide whether to try to negotiate an agreement for the purchase of the Premises from Lessor. If Lessee desires to try to negotiate such an agreement, Lessee shall, within said 10 day period, deliver to Lessor written notice thereof. Promptly after receipt of such notice, the parties shall commence good faith negotiations exclusively with each other for a period not to exceed 90 days after the date Lessee gives the rPnuisitP noting to Lessor. If Lessor does not receive said notice within said 10 -day period, or if Lessor receives said notice within said �eriod but Lessor and Lessee do not enter into a legally binding, written agreement for the purchase and sale of the Premises within said 90 -day period, Lessor shall be free to enter into an agreement with a third party on terms (considered as a whole) no more favorable to the third party than Lessor offered to Lessee. If Lessor does not enter into a legally binding, written agreement with a third party within the 90 day period, Lessor's right to sell the Premises to a third party shall expire and the procedure described herein shall be applicable again, and Lessor, prior to selling the Premises to a third party, shall first offer to try to negotiate the sale of the Premises to Lessee. SIGNAGE: Lessee shall only install signage that is approved by the CRA. The signage must be permitted by the City of Boynton Beach. PARKING: Lessee is entitled to the use of the parking spaces adjacent to the Premises as shown on Attachment "A ". ACCESS: Lessee shall provide Lessor with alarm codes and keys. 4 tif s e i., r , . v 4. 44 N ATTACHMENT "A" Boynton Beach Jones Cottage iih i9 Y,11)1. CRA 32 790 sq.:. renovated historic building, 350 sq. it covered terrace, 333313313ts i313 -.Weld 03 k3343 13133 33,33 sidewalk and plot° sitting, 16 space dedicated parking area , r , .... - .. .. „ . • , ■ ( Site Plan Building View -- . .. ,, ,- ' AIM 3' '• ,' ..'.',' s, ,, 3 . ■ , 3.1%33. 0 , ... , . ..... ... .. • ..,, ,„, .A. ,,,,_ s. ., _ ', . .' ,,, — ! t ............ ,, ;. _ •, • ,. Flier Plan I ■ ; 0: 4-• fr ' • 4•33,303 Iamb 14331 1 it. . . .. 1 ' . it ., - , , ;, -. - e: - ......-.." 'r ' ' , ' 3 .13 %,, ‘ 33 34 .3 1 ') ' .3. 3 1. ` im■ - 3 .- .. 3.3 . 3. " . ' r '9 - ..s Isit V rl ' ' -Iill r) l' 7. , ' 'e - e - 7 - t '"*"■ -_14----•,— COTTAGE LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease ") is made and entered into this day of ,2012, by and between the Boynton Beach Community Redevelopment Agency of 915 S. Federal Highway, Boynton Beach, Florida 33435(hereinafter referred to as "The CRA "), and Adventurous Palate, LLC d/b /a "The Little House ", of , Florida 33426 (hereinafter referred to as "Tenant "). 1. LEASED PREMISES The Leased premise ( "Premise ") consists of a structure and all the imprvements to land located at 480 E. Ocean Avenue, Boynton Beach, Florida; parcel number A43,45-28-03-008-0010, 45- 28 -03- 008 -0010, consisting of approximately 850 square feet (the "Premises "). The CRA Leases the land from the City of Boynton Beach ( "City Land ") pur .-1 t to a Land Lease Agreement dated July 6, 2010 ( "City Lease "), attached hereto as Exhibit "A ". This Lease by the CRA of the improvements on the City Land and the appurtenant right to use and occupy the City Land is permissible pursuant to Section 6 of the City Lease. Subject to and upon the terms, provisions, covenants and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, CRA does hereby lease to the Tenant and Tenant does hereby lease from the CRA the Premises. 2. LEASE TERM The initial term of this Lease is five (5) years (the "Initial Term "). The Initial Term of the Lease and Tenant's right to occupy the Premises shall commence on the "Commencement Date" The Commencement Date shall be the day the lease is approved by the CRA Board. The "Occupancy Date" is the day following issuance by the City of Boynton Beach of a certification of occupancy. This Lease shall expire at midnight on the date that is five (5) full calendar years following the Occupancy Date (the "Lease Term ") or at the end of any extension or renewal period (the "Expiration Date "), without the necessity of any notice from either The CRA or Tenant to terminate the same. 1 3. RENT As consideration for this Lease, commencing on the Occupancy Date, Tenant shall pay The CRA the following Monthly Base Rent: Annual Rate Monthly Period Per Square Foot Base Rent Year 1: to Month 12 ** $0.00 $0.00 Year 2: Month 13 to Month 24 $5.00 $354.16 Year 3: Month 25 to Month 36 $5.10 $361.25 Year 4: Month 37 to Month 48 5.10 $361.25 Year 5: Month 49 to Month 60 5.10 $361.25 * *Month = A full calendar month, for example, if the Occupancy Date occurs on June 21, Month 1 will be July 1 through July 31, Month 2 will be August 1 through August 31, and so on. Lease Tenant Rent payments are due on or before the 1st of each month. Rent checks should be made out to the "Boynton Beach Community Redevelopment Agency." Tenant shall pay and be liable for all rental sales tax, if any, under applicable Law. A processing fee of Fifty and 00 /100 Dollars ($50.00) shall be applied to any rent payments which are more than ten (10) days late. 4. OPERATING EXPENSES AND ADDITIONAL RENT. Beginning in Year 2 of the Term, Tenant shall pay the CRA, as Additional Rent, the property tax and the property insurance premium cost incurred and paid for by the CRA. This Additional Rent will be due and payable with the Monthly Base Rent. The CRA shall provide written notice to Tenant, within the first calendar month of each year during the Initial Term (beginning with the second year) and Renewal Term, of the CRA's property tax and insurance expense with the supporting invoices. The property tax portion of the Additional Rent shall be based on the prior year's Palm Beach County Property Tax invoice calculated on the maximum allowable discount. 5. RENEWAL OPTION Lease Tenant shall have the option, exercisable by written notice to the CRA, given not later than ninety (90) days prior to the Expiration Date of the Initial Term, to extend the Lease for two (2) additional successive five (5) year periods (each five (5) year period hereinafter referred to as the "Renewal Term ") upon the same terms and conditions as are contained in this Lease. 2 The Annual Base Rent adjustment for the Renewal Term ( "Base Rent Adjustment ") shall be based on the increase in the Department of Labor Consumer Price Index (All Urban Consumers/Miami -Fort Lauderdale index - October as base) ( "CPI ") but in no event less than 3% annually or more than 7% annually. Within thirty (30) days of its receipt of Tenant's notice of intent to renew, the CRA shall give Tenant written notice of the Base Rent Adjustment and the CPI percentage used for the adjustment. 6. UTILITIES Tenant shall pay for all telephone, water, sewer, garbage, recfclin•, tricity, light, heat, gas, power, fuel, janitorial, and other services incident to Tenant'se of th - : ises 7. OBLIGATIONS FOR REPAIRS AND MAINTENANCE CRA Responsibility: In the first year of the Initial Term, the CRA shall have the obligation to make repairs and maintain the exterior of the Leased Premises including the building exterior, landscaping, irrigation, lighting and parking lot surfs e, except damages caused by Tenant or its invitees, which shall be the responsibility of Tenant. After the first year of the Initial Term the CRA will be responsible only for maintaining: 1. landscaping and grounds in accordance with plantings depicted on the approved site plan, 2. roof 3. foundation 4. structural components The CRA .shall pass the cost of the foregoing on to Tenant by monthly invoice, which Tenant shall pay within 30 days of invoicing. In the even that any plants, trees, shrubs, flowers or other landscaping are destroyed or damaged by storm, disease, drought or casualty, CRA shall replace the damaged or destroyed landscaping at its own cost without right of reimbursement from Tenant. Tenant Responsibility: Tenant is responsible for all repairs and maintenance except those CRA responsibilities listed above. 8. IMPROVEMENTS /ALTERATIONS The CRA and Tenant have agreed that certain improvements shall be constructed in the Premises according to the space plan attached hereto as Exhibit (the "Tenant Improvements ") for the purpose of initially preparing the Premises for occupancy by Tenant. The respective 3 responsibilities for carrying out the Tenant Improvements and the allocation of costs for the Tenant Improvements are set forth in the Work Letter attached as Exhibit "B ". After the Commencement Date Tenant shall not be permitted to alter or modify the interior or exterior improvements of the Premises without first obtaining the prior written approval of the CRA. 9. PARKING Tenant is entitled to the use of the parking spaces adjacent to the Pr iv4ses as shown on Exhibit "B" and may, to the extent permitted by the City sign code, mark thaces for use only for customers of the business. Tenant may not authorize or threaten the towing of vehicles from the spaces adjacent to the Premises. 10. SIGNS Tenant, at Tenant's cost, shall only install signage that is approved by the CRA. The signage must be permitted by the City of Boynton Beach. No sign or visual advertisement shall be placed on the exterior of the Premises (unless already installed on the Premises upon the start of the Lease Term) without first obtaining the express prior written consent of CRA, however, Tenant shall be entitled to have signage on the door of the Premises consistent with door signage utilized by other Tenants and as approved by CRA; such signage to be at Tenant's expense. 11. INSURANCE Tenant shall maintain, with respect to the Premises, comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death from one accident. A copy of the policy or a certificate of insurance shall be delivered to CRA on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to CRA. During any such time TENANT is required to be out of the Premises at the request of CRA, CRA shall be responsible for payment of comprehensive general liability insurance as set forth within this paragraph in the form of reimbursement to TENANT or credit towards Rent. In the event the Premises shall be destroyed, damaged or injured by fire or other casualty during the life of this Lease, then the CRA shall repair the Lease Premises to usable condition provided it can do so within ninety (90) days of the casualty. All costs of casualty repair; herein mentioned 4 shall be paid by CRA at its own expense unless Tenant caused such destruction, damage or fire and in that case Tenant shall be fully responsible for all costs associated therewith. If the Premises are not rendered useable as a sit down restaurant within said time, or if CRA shall decide not to restore the Premises, this lease shall be terminated. In the event of such termination the Rent shall be paid only to the date of such fire or casualty. 12. TENANT'S COVENANTS Tenant covenants and agrees as follows: To procure any licenses and permits required for any use made of the Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to CRA the Premises in good order, repair and condition in all respects; excepting only structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; To permit CRA and its agents to examine the Premises at reasonable times and to provide CRA, if not already available, with a set of keys for the purpose of said examination, provided that CRA shall not thereby unreasonably interfere with the conduct of Tenant's business; and To maintain the Premises in safe condition and repair and at it's sole cost and expense, correct or remove any matter that would violate applicable law or constitute a dangerous or objectionable condition. 13. INDEMNITY BY TENANT The Tenant shall save CRA harmless and indemnify CRA from all injury, loss, claims, actions or damage to any person or property while on the Premises and any related expense, including attorney's fees, unless caused by the willful acts or omissions or gross negligence of CRA, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury or death from one accident and $500,000.00 property damage insurance, insuring CRA and Tenant against injury to persons or damage to property on or about the Premises. A copy of the policy or a certificate of insurance shall be delivered to CRA on or before the Commencement Date and no such policy shall be cancelable without ten (10) days prior written notice to CRA. 14. USE OF PROPERTY BY TENANT 5 The Premises may be occupied and used by Tenant exclusively as a sit down restaurant and those uses incidental thereto. Nothing herein shall give Tenant the right to use the property for any other purpose or to sub - Lease. Tenant may not assign, or license the use of the property to any Tenantsub - Tenant, assignee, or licensee, which or who shall use the property for any other use. 15. CONDEMNATION If, after the execution of this Lease and prior to the Expiration Date , any portion of the Premises shall be taken under power of eminent domain by any public authority, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. Tenant shall be entitled to defend itself and participate in the condemnation process in order to defend and assert its rights for compensation due to the loss of its business and the value of its personal property and Tenant shall be entitled to retain any amount awarded to it in settlement of such claims. 16. DEFAULT The occurrence of any of the following shall, in addition to any other events of default provided herein, constitute an event of default hereunder and the parties shall have all remedies available at law or equity and as set forth herein: The filing of a petition by or against Tenant for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of Tenant or Tenant's property; or an assignment by Tenant for the benefit of creditors; or the taking possession of the property of Tenant by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of Tenant; or if a temporary or permanent receiver or trustee shall be appointed for Tenant or for Tenant's property and such temporary or permanent receiver or Trustee shall not be discharged within ninety (90) days from the date of appointment; or any other execution, levy, attachment or other process of law upon Tenant's interest in the Leasehold estate or any part thereof; or if any judgment entered against Tenant has not been satisfied or bonded within ninety (90) days of the date of the judgment. Failure of Tenant to pay when due without notice any installment of rent hereunder, or any other sum herein required to be paid by Tenant. Notwithstanding the foregoing, Tenant shall have fifteen (15) days to cure after receiving written notice of such default. If Tenant is delinquent in the payment of rent more than three (3) times in an eight (8) month period, the third default shall 6 be deemed a material default that cannot be cured by late payment and CRA shall be entitled, at its option, to declare the Lease terminated. Failure of Tenant to perform or observe any other agreement or condition on Tenant's part to be performed or observed as stated herein and Tenant fails to cure such default within twenty (20) days after the mailing of notice via certified mail of said default by CRA. Except as otherwise provided in this Lease, the CRA shall be in default under this Lease if it fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after receipt of written notice thereof from Tenant, unless such failure cannot reasonably be cured within thirty (30) days and the CRA shall have commenced to cure said failure within said thirty (30) days, advising Tenant of same in writing, and continues diligently to pursue the curing of the same. If the CRA fails to perform any obligation required under this Section 17 D then Tenant shall have the option to cure the default and off set the documented costs against Rent or pursue any equitable remedy. 17. HAZARDOUS MATERIALS Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the property is prohibited. 18. ASSIGNMENT, MORTGAGING, SUBLETTING, ATTORNMENT Tenant shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or encumber any legal or equitable interest in the Lease, in whole or in part, or sublet the whole or any part of the Premises, or permit the use of the whole or any part hereof by a license or concessionaire or any person without first obtaining the express prior written approval of CRA. Notwithstanding the prior condition, Tenant may pledge, encumber or mortgage its, furniture, fixtures and equipment to any lender providing financing to Tenant for its business. 19. MISCELLANEOUS Quiet Enjoyment. CRA covenants and agrees that upon Tenant observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Premises in accordance with the terms of this Lease without hindrance or molestation from CRA or any persons lawfully claiming through CRA. 7 Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between CRA and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. Assignment. Tenant shall not assign this Lease without first obtaining the written consent of the CRA. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "CRA" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation mimed herein as CRA or the mortgagee in possession at any time, of the land and building comprising the Premises. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. No creation of agency. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership R or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of CRA and Tenant. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Waste and Non - Interference. Tenant shall occupy the Premises in a care,,l and proper manner and not commit any waste thereon. Tenant shall not interfere with the business operations of any co -Tenant of this premises. Governing Law. All matters pertaining to this Lease (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Lease or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. [The remainder of this page intentionally left blank] 9 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: WITNESS: CRA: Boynton Beach Community Redevelopment Agency Signature By: Title: Print Name Date Executed: WITNESS: TENANT: Signature Adventurous Palate, LLC Print Name Date Executed: 10 • EXHIBIT A LEGAL DESCRIPTION TOWN OF BOYNTON LTS 1 & 2, BLOCK 8 STREET ADDRESS 480 E. Ocean Avenue, Boynton Beach, Florida 33435 11 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ("Lease ") is entered into this day of , 2010 by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter the "CITY "), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter the "CRA "). In consideration of the terms and covenants of this Agreement, and for other good and valuable consideration, the parties agree as follows: 1. Leased Property. Subject to the terms and conditions of this Lease, the CITY leases to CRA and CRA leases from the CITY a certain portion of unimproved real property whose parcel control number is 08- 43- 45- 28 -03- 008 -0010 owned by the CITY ("CITY Property"), which property is located in Palm Beach County, Florida, and more particularly described in Exhibit "A" and attached hereto (hereinafter the "Leased Property") which property is subject to all existing easements, covenants, conditions, and restrictions of record, if any. 2. Term. The CRA shall have and hold the Leased Property for the Lease Term. The term of this Lease shall be ten (10) years, commencing upon the date this lease is executed by the CITY and CRA ("Commencement Date "). If CRA fails to begin relocation, installation and use of the site for the location of the historic structure (hereinafter the "Cottage ") described in Exhibit "B" within 12 months of execution, even though all rent payments have been made, the CITY may choose to terminate this Lease. The CITY will provide written notice to the CRA of such intent to terminate the Lease in accordance with the provisions of Paragraph 9. This Lease shall automatically be renewed for an additional ten (10) year term subject to all the terms and conditions of this Lease unless CRA notifies the CITY in writing of CRA's intention not to renew the Lease at least three (3) months prior to the expiration of the original term. 3. Rent. Rent in the amount of $10.00 shall be paid in annual installments, on the same day of the year as the Commencement Date, each calendar year, in advance to the CITY, beginning on the Commencement Date or to such other person, firm, or place as the CITY may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. Use. CRA shall use the Leased Property for the relocation, operation and maintenance of an 832 square feet historic Cottage owned by the CRA for a use consistent with the City Codes and the CRA Redevelopment Plans in force at that time of the Commencement Date. The use of the Leased Property shall be at all times in compliance with federal, state, local laws and regulations. If for any reason CRA's use of the Leased Property faits to comply with any federal, state or local law and CRA fails to bring its use within compliance within thirty (30) days of written notice of such noncompliance, this Lease shall be terminated as provided herein, unless sooner authorized by such law. The CITY agrees to reasonably cooperate with CRA in obtaining, at CRA's expense, all licenses and permits required for CRA's Intended use of the Leased Property. 5. Installation of Improvements, Access, Utilities. a. CRA shall have the right, at its sole cost and expense, to construct, install, operate and maintain the Cottage and potentially outdoor seating facilities on the Leased Property, which facilities include the relocation of the Cottage as described In Exhibit "B" and the construction of any additional improvements required for the intended use consistent with City Code and CRA Plans. CRA's installation of all such equipment, personal property, improvements and facilities as deemed necessary shall be done according to plans approved by the CITY, and no equipment or property shall be subsequently relocated without the CITY approval to which the approvals shall not be unreasonably withheld or delayed. The described Cottage shall remain the exclusive property of CRA, subject to the provisions of Paragraph 7 of this Lease. b. CRA may update or improve the Cottage from time to time with the prior written approval of the CITY, and provided that their location on the Leased Property Is satisfactory to the CITY. CRA shall submit to the CITY a proposal for any such improvements, and for any supplemental materials as may be reasonably requested for the CITY evaluation and approval, which approval shall not be unreasonably withheld or delayed. c. CRA shall have the right, at its sole cost and expense, to install, operate and maintain on the Leased Property for the improvements described in Exhibit "C" and attached hereto. All such improvements shall be constructed in accordance with the CITY specifications and according to a site plan approved by the CITY. The Cottage structure and all improvements made for the benefit of the CRA shall remain the exclusive property of CRA, subject to the provisions of Paragraph 7 of this Lease. Any and all required CITY approvals and permits must be obtained prior to relocation and construction of the Cottage. d. At all times during this Lease, the CITY hereby grants to CRA a nonexclusive easement for ingress, egress, and access over the CITY Property. AiI routine site maintenance performed to the CITY Property by the CITY will be by foot or vehicle. e. At all times during this Lease, the CITY hereby grants to CRA exclusive right to utilize a minimum of 10 existing public parking spaces contained on the Leased Property for an approved use by the Cottage's personnel or visitors. f. CRA shall separately meter charges for the consumption of electricity, water and any other utilities associated with its use of the Leased Property and shall pay all costs associated therewith. 2 g. CRA shall provide the CITY with "as built" drawings of the Cottage relocation and improvements installed on the Property. A site plan will be provided showing the proposed placement of the Cottage. h. CRA shall have sole responsibility for the maintenance, repair, and security of the Cottage, personal property, and any other leasehold Improvements, and shall keep the same in good repair and condition during the Lease term. 6. Subletting. CRA may sublet the Leased Property in whole or in part without the CITY's consent. The making of any sublease shall not release the CRA from or otherwise affect in any manner, any of CRA's obligations under this Lease. CRA shall be responsible for providing all appropriate notices to Sub - Tenant relating to the terms of this Lease Including without limitation, its termination date, 7. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this lease. 8. Interference. a. CRA's construction, installation, operation, and use of Its Cottage under this Lease shall not damage or interfere in any way with the City's related repairs and maintenance activities of the Leased Property. The CITY, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Leased Property and to temporarily interfere with CRA's leasehold improvements as may be necessary in order to carry out any of such activities. The CITY agrees to give reasonable advance notice of such activities to CRA and to reasonably cooperate with CRA to carry out such activities with a minimum amount of interference with CRA's operations. b. This lease is made with the knowledge of both parties that the CITY has no current tenant on the Leased Property. 9. Termination. Except as otherwise provided herein, this Lease may be terminated by one party upon ninety (90) days written notice to the other party as follows: a. By either party, upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party; b. By CRA, if It Is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and /or operation of the desired use for the Cottage; c. By the CITY, if it determines in Its sole discretion and for any reason, that the Cottage is structurally unsound, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Cottage or the Leased Property from any source, or factors relating to condition of the Property; or d. By the CITY, if CRA's use of the Leased Property becomes illegal under any federal, state or local law, rule or regulation. Upon termination of this Lease for any reason, CRA shall remove all of Its equipment, personal property, Cottage and leasehold improvements from the Leased Property within ninety (90) days after the date of termination, and shall restore the Leased Property to the condition it was in on the Commencement Date of the term of this Lease, ordinary wear and tear excepted, all at CRA's sole cost and expense. Any such property which is not removed by end of said ninety (90) day period shall become the property of the CITY. 10. Insurance. a. CRA shall provide Comprehensive General Liability Insurance coverage, including premises /operations coverage, Independent contractor's liability, completed operations coverage, contractual liability coverage, and the CITY will be held harmless for acts of outside vendors in a combined single limit of not Tess than Dollars ($ ,) per occurrence, and Dollars {$ ) aggregate, and name the CITY as an additional insured on such policy or policies. CRA may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated In a standard "Ali Risk" insurance policy, and, in the event of such insured loss, neither party's insurance CRA shall have a subrogated claim against the other. c. CRA shall provide to the CITY, prior to Commencement Date of the Lease Term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business In the State of Florida, which includes all coverage required above and contains evidence of the waiver of subrogation contained above. Said certificate shall also provide that the coverage may not be concealed, nonrenewable, or materially changed without thirty (30) days prior written notice to the CITY. 11. Damage or Destruction of Property. If the Leased Property or Cottage are destroyed or damaged so as, in CRA's judgment to render the site unusable, CRA may elect to terminate this Lease upon thirty (30) days written notice to the CITY. In the event CRA elects to terminate the Lease, CRA shall be entitled to reimbursement of any prepaid rent prorated prior to the date of termination. 12. Condemnation. In the event the whole of the Leased Property is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Property vests in the condemning authority. In the event a portion of the Leased Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thlrty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, CRA shall not be entitled to any portion of the award paid for the taking, and the CITY shall receive the full amount of such award, CRA 4 hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or the fee of the Leased Property, shall belong to the CITY, CRA shall have the right to claim and recover from the condemning authority, but not from the CITY, such compensation as may be separately awarded or recoverable by CRA on account of any and all damage to CRA's business by reason of the taking and for or on account of any cost or loss to which CRA might be put in removing and relocating its equipment, personal property, Cottage and leasehold improvements. The CITY shall refund any prepaid rents prorated as of the date the Leased Property is taken by the Condemning Authority. 13. Indemnification. Except for the negligent acts or willful misconduct of the CITY agents or employees, CRA agrees to indemnify, defend, and hold harmless the CITY and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the CITY or for which the CITY may be held liable, which arise from the negligence, willful misconduct, or other fault of CRA or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of CRA's Cottage on the CITY Property. 14. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested to the following addresses: If to CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone: (561) 742 -6010 Email: bressnerk@ bbfl.us With Copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (561) 276 -9400 Fax: (954) 771 -4923 Email: XcherofCa citvatty.com If to CRA: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Telephone: (561) 737 -3256 Email: br ghtiftbbfl.us 15. Representations and Warranties. a. The CITY warrants that (1) It has full right, power, and authority to execute this Lease; and (2) it has good and unencumbered title to the Leased Property, free and clear of any liens or mortgages, except as may be disclosed by review of title. The CITY warrants that CRA shall have quiet enjoyment of the Leased Property during the term of this Lease In accordance with its terms. b. The CITY warrants that it has no knowledge of any substance, chemical, or waste (collectively, "Substance ") on the site that is identified as hazardous, toxic or dangerous In any applicable federal, state or local law or regulation. c. CRA represents and warrants that its storage and use of any substance on the Leased Property shall comply with applicable federal, state or local law or regulation and that it shall store and use said substance on the Leased Property only if necessary for Its Intended use and operations. CRA agrees to indemnify._ and hold harmless the CITY from and against any and all liability, loss, cost, damage, and expense, including reasonable attorneys' fees relating from or due to the release, threatened release, storage or discovery of any of the above named materials that are part of CRA equipment, personal property, Cottage, or any component parts or by- products thereof in violation of applicable law. d. CRA, at its own cost, has the right to obtain a title commitment for a leasehold title policy from a title insurance company of its choice. If, In the opinion of CRA, such title commitment shows any defects of title or any liens or encumbrances which may adversely affect CRA use of the Leased Property, CRA shall have the right to cancel this Lease immediately upon written notice to the CITY. 16. Assignment. CRA may assign or sublet this Lease without the prior written consent of the CITY to any entity which controls, is controlled by, or Is under the common control with CRA, or to any entity resulting from any merger or consolidation with CRA, or to any partner of CRA, or to any partnership In which CRA Is a general partner, or to any person or entity which acquires all of the assets of CRA as a going concern, or to any entity which obtains a security interest in a substantial portion of CRA's assets, provided that CRA continues to indemnify and hold the CITY harmless In accordance with Paragraph 13 above. 17. Successors and Assigns. This Lease shall run with the Property described In Exhibit "A." This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. 18. Miscellaneous. a. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. b, This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any 6 kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Florida. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. This Lease is subject to all zoning approvals and building permits. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement for the purpose herein expressed, the day and year above written. Signed, sealed and delivered LANDLORD: in the presence of: City of Boynton Beach By: Title: Signed, sealed and delivered TENANT: in the presence of Boynton Beach Community Redevelopment Agency lifiE 4 UNE/ _ - . By: '"sMataird` Title: � 41" H:\2007\070473 BBCRA\Real Estate\Land Lease Agreement.doc 7 EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PROPERTY A portion of LOTS 1 and 2, BLOCK 8 of TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book , Page of the Public Records of Palm Beach County, Florida. PNC: 08- 43- 45- 28 -03- 008 -0010 8 EXHIBIT "13" x . f 0 ,, :„. "s ,, ' '-•''' ,`,* , , ' : " t xi_ : • s * c . . t . a 1 0 : th ii a 1 , i PI li ' . 1 n ., " _ ____i ___ j La 1 ' si c , . 1 _ , r ,1 s i , , i u toe ', 'X 1 el I' . ■•'''-'-'.-- 1 ig CA ' ' r .. 4 ' I Ez 1 • 1 1 r ri 1 4 , .t • 1 !` a ' 0 .0 a. 1 ' ! , -7 - c ' 1 0 I , ' . ^ i 1 .0 011 41111 n , ■I' M It 1 0 tn 14 M 0. ■ CO C N ■ft E 5 ta --- xi T C . i CA 0 1 , 0 , 1 ' r.-- . 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J • 5 � E 4 ! I $ $ E 4 it; 1 a a 11; F I la 1 1 i / ., F c , / 7 1 � — exu ' --- -t—qi • • — ' 4: , :;,.- [I il l I f r Fl-' I N. rat - ----11 1:il:JI i. r i 11 d 11; lip . t — - - - - Ion — 1 11 i I 1 L ;.ti-;r Sys:. ' 4 a ` ; i r, i t Il ! g 4 .. ;II ---•:-.-:.,1 �� � ,,,I, • ,i : ,1,,,, - 1E1 A 1 oq @ , y g . EXHBIT "B" WORK LETTER CONCURRENTLY WITH THE EXECUTION OF THIS WORK LETTER (the "Work Letter Agreement"), the CRA and Tenant have executed a Lease Agreement (the "Lease ") covering the Premises. Tenant desires that certain work be performed by the CRA in the Premises to make the Premises ready for Tenant and the CRA has agreed to perform the work. NOW, THEREFORE, in consideration of the mutual covants contained in the Lease and in this Work Letter Agreement, the CRA and Tenant agree as foi.lows: (1) The CRA shall promptly after execution of this Lease e. ge an architect to prepare plans and specifications of the Tenant Improvements for Tenant's r 3 -w and approval. Such plans and specifications shall be submitted to Tenant within 21 days afteikthe date hereof, and Tenant shall review and either approve or notify the CRA of proposed changes thereto within 7 days after receiving same. If no response is forthcoming from Tenant within this 7 day period, such plans shall be deemed approved. The CRA shall make any changes to such plans reasonably (and timely) requested by Tenant and necessary to make the plans and specifications conform to Exhibit (2) Promptly after the plans and specifications have been finalized, the CRA shall contract for the construction of such improvements and, if appropriate, engage a construction manager for oversight and supervision of the construction. (3) Tenant and its agents and contractors shall have the right to enter the Premises prior to the Commencement Date for purposes of inspection and for installing equipment, wires and cables for telephones and computers, provided that in doing so such parties shall not interfere with the CRA or its contractors constructing the Tenant Improvements, and further provided that prior to any such entry Tenant shall have obtained the insurance required under the Lease, and its contractors shall have obtained such liability, workmen's compensation and other insurance acceptable to the CRA. The Commencement Date shall not be deemed to occur upon such entry unless Tenant begins commencing its normal business operations within the Premises. (4) All costs and expenses of designing and constructing the Tenant Improvements described in subsection (2) above shall be paid as follows: 12 a) The CRA shall pay the following items constituting the "CRA Contribution ": (i) the costs of designing the space plan in Exhibit A and all of the plans and specifications for the Tenant Improvements, and (ii) the costs of constructing the Tenant Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers' fees, costs and expenses, the costs of materials, supplies, permits and other items, and any other out -of- pocket expenditures incurred in any connection with such construction. The CRA Contribution shall be up to, but not greater than, One Hundred and Fifty Thousand and 00 /100 ($150,000.00) dollars. Tenant shall pay the balance cost of completing the Tenant Improvements above the CRA Contribution up to a maximum of One Hundred Thousand ($400,000.00) dollars. (5) The CRA shall use commercially reasorOle ports to complete such improvements on or before [TARGET DATE TO BE DETERMINE oi,but the CRA shall have no liability to the Tenant hereunder if prevented from doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificat "` occupan or any other cause beyond the CRA's reasonable control. In such event, the ComA cement' Date and the term of the Lease shall be postponed for a period equaling the length of such delay. However, if any delay in completion of the Tenant Improvements or in delivering possession of the Premises to Tenant are caused by Tenant, including but not limitgd to failure of Tenant t to timely respond to submissions by the CRA under subsection (A) of thih section above or Teel nt's requesting changes in the Tenant Improvements which delay completion thereof, then Tenant shall commence all of its obligations hereunder (including the payments of Rent), and all terms herein shall be effective and binding, on that date reasonably calculated by the CRA or its contractor as the date on which the CRA would have substantially completed the Tenant Improvements if not for such delay. 13 CRA Tenant BOYNTON c BEACH CRA BOARD MEETING OF: March 13, 2012 Consent Agenda I I Old Business IX I New Business 1 1 Legal I 1 Executive Director's Report I SUBJECT: Consideration of Additional Funding for Economic Development Programs - Resolution No. 12 -01 SUMMARY: The CRA Board approved $210,000 for economic development programs (Commercial Facade, Rent Subsidy, Interior Build -Out, and Signage) in FY 2011 -2012 and an additional $25,000 on December 13, 2011 for a total of $235,000. There has been strong demand for the CRA's Economic Development grants and 86% of the allocated funding in FY 2011 -2012 has been utilized. See attached for lists of recipients of grants since inception. With seven months remaining in the fiscal year and utilization of 86% of the funding, staff is recommending that an additional $100,000 be allocated for the Economic Development Grants program. The recommended funding sources are: (1) reallocation of unused incentive payment to The Promenade in the amount of $18,504 in FY 11 -12, and (2) the remaining unused balance on the B &B Underground contract on Ocean Breeze West infrastructure project in the amount of $81,496 in FY 10 -11. A budget amendment is required to utilize fund balance in the Project Fund from FY 10 -11. The Resolution and Exhibit A detailing the line item allocations is attached for the Board's consideration. Attached is a report of the results of the program outcomes to date. FISCAL IMPACT: Increase Economic Development Grants line items 02- 58400- 440/444 by $100,000 by reallocating $18,504 in FY 11 -12 and a fund balance allocation of $81,496 from FY 10 -11. CRA PLAN, PROGRAM OR PROJECT: All CRA Plans RECOMMENDATIONS /OPTIONS: Staff recommends approval of Resolution No. 12 -01 to increase funding for anomie Development Grants totaling $100,000. Vivian Brooks Executive Director TO ..0 y 0 0 0 o 0 0 0 0 ca O o co O o C a N = (N > >• c c Q 0' ,!, a . 6 E 3E Q v N. Q cn O U ° o z w 0 N 0 N {A L - • 0 O CO 0 N 0 N. m .1 O CO 0 .-- N V Lr) O i+ N V c° o to • • o co �° 0.1 • , a ' - ui n m m U o ^ rn M 0 1- - u a) 2 u _ 0 00 m X O O co I O 0 0 CO 0 0 0 -, N M CO LID o ^ N ao a �° o ^ aO u1 N +P)- +A- -419 AA- tR N M 0 AA- a 0 N E } LL 4 0 O O 0 0 N C 0 0 O 0 O 0 0 V' 0 p CP o O7 O 0 O O 0- 0 o 00 '. 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C) R h ° C O p Q C d LL V) N E O W p' d U d UN ps m '^ W CA 69 EA 69 69 to to to ( r O O E a 1- r r N N C'4 N N N 1- N O O O r r r r r r r 1 O 0 O O 0 O O p 0 0 �� 4- v Q d o O O O 6 t0 � _ _ � _ � _ p C W O A N - � 5 0 r r r O O O O O O I' 7 C W p U m j 0 0 = m Ct • 0. = C r H a) ✓ Q C O tR tR to L O. 2 0 3 as re 0 N J O Cn J U C 0 2 _ m _ m 0 Li_ 1.- s U C a. w >- Q O C Cu- 0 0 W vi N 0 O E 0 c C7 c Z c `° )-a <0 C a c i d U QU c 0 a U ° C J ° vi 0) a J o (0 U C J (U c Q J a� m m _I 0 d 'o Q "Cu > c a c Q 0 to z a , a v u .. C o (L) 0 D° c o a� y C9 c o_ 0 c cm a� 0) � Q m Ts O �� 3 >, �mO .� co 1 0 p E. W w 0) D > - D (/) d 0) 6 H 'a J a� N ° o E CO-C U) c° r 0 Q m >- 0J cnUM (L2U0 _1 - O H RESOLUTION NO. 12-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2011 -2012 BUDGET TO INCREASE THE TOTAL APPROPRIATIONS FOR THE PROJECT FUND AND ALLOCATE PROJECT FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA ") has adopted the fiscal 2011 -2012 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan.; and WHEREAS, the CRA Board has approved at the March 13, 2012 meeting additional funding for economic development programs in FY 2011 -2012 in the total amount of $100,000; and WHEREAS, the source of funds are twofold: (1) fund balance allocation of $81,496 from the Project Fund representing the unused balance available on the B &B Underground contract for Ocean Breeze West during fiscal year 2010 -2011, and (2) line item reallocation in FY 2011 -2012 in the amount of $18,504 from unused incentive payment to the Promenade; and WHEREAS, the Director of Finance, based on the Board's policy determination has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA hereby increases Project Fund expenses a total of $100,000 for (1) Commercial Facade Grants 02 -58400 -440 in the amount of $45,000 and (2) Economic Development Programs 02 -58400 -444 in the amount of $55,000. The source of funds are: (a) Fund balance allocation from the Project Fund of $81,496 02- 49100 in FY 2010 -2011, and (b) reallocation of $18,504 in FY 2011 -2012 unused ■ Promenade direct incentive award 02 -58400 -443. A copy of the 2011 -2012 budget amendment is attached hereto as Exhibit "A ". SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 14TH DAY OF FEBRUARY 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Woodrow Hay, Chair Approved as to form: James Cherof CRA Attorney Z CD O O O O N O O o F W Q � M c5 L.6 ow to co ZCI � 2 D O Q m a a Q EA 69 EH Eft L 7-, co O co o W w a) .- La rt V) U ce W 1— Z a W to E» EA Es CI O E i (N 0 0 0 0 D W< 0) � 0 C) ci Z m 0 E O Z o0 cc M a LL Efl Efl Efl EA W v O v v N O O ca O N O Q co CO co a/ J N O CL O O O N } Q a) lL > j (7 aQ z J ° ' C m Q Q U E4 O 1- cc M T C c 1 - W W -c N C (n Z N O E a) co X P C N Cr) 0 /\ N a E o m E i 0 W `° W z 0 U c a) o 8' g N co o d a Q O @ � a) U) H W r- Om YN E° C7 O Q m a (o ( 0 N " c E -- LL ce D c o m } is m m LL (p O) E LL . 0 . 0 U LL co C Q 0 Q) N O O E E Z E u- ' E E z ii 200 UU LL Z W ~ W A E E E ` vr E m 1.1) p 2 $' S' S Z i a (r) a a s W w m c c c 2 E o E E E Q 0 u) 0 0 0 W c m a) a) a O 0 c 0 0 0 V C U U U E LL O O O C ` C 0 . O L 0 U O W Q W W W O w r.. j C O O O O Li- "1-73 a a a C 7 LL C O th 0 > S CO O a , p CO a a z BOYNTON CRA =BEACH CRA BOARD MEETING OF: March 13, 2012 I Consent Agenda I I Old Business IX New Business I I Legal ' Executive Director's Report SUBJECT: Discussion of Media Relations Policy SUMMARY: This item was requested by a Board Member. Currently the CRA has no media policy in effect. Two examples of media policies are attached. Typically media policies create a communication manager who coordinates with the media if the media needs a quote for a particular issue they are covering. The benefit of enacting a media policy is to ensure that the message being conveyed to the media is consistent with the adopted policy of the governing body and not the personal opinion of a single member of the Board. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Provide direction to staff if the Board wishes to pursue the creation of a media policy. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings\Cover Sheet Template.doc MEDIA RELATIONS POLICY Page 1 of 3 Cit of Chula Vista KLSIDLNlb tii.,:,itst.. Search i Office of the City Manager City Manager > MEDIA RELATIONS POLICY Organizational Chart GOAL: Budget Summary Latest News Releases Community Connection The City of Chula Vista seeks to inform its residents, businesses and visitors by engaging Block Party Permit in a pro-active communications program. This program recognizes that one of the most Special Event Permit effective and quickest ways to communicate City policies and activities to citizens is by Newsletter Archives working in partnership with the news media. FAQs Contact Us POLICY: Inquiries from the news media are given a high priority by the City of Chula Vista and 2011 Fee Schedule should be responded to as quickly and efficiently as possible. Every effort should be made to meet media deadlines and to ensure that all information released is accurate. The Office of Communications is responsible for the City's media relations, with the exception of most public safety issues. All City employees should notify the Office of Communications (which includes the Public Information Officer /PIO) about media inquiries. The majority of City media requests are initiated when the media contacts the Office of Communications. Because the media often works on tight deadlines, it is important that all departments respond as soon as possible when the Office of Communications requests department information or a spokesperson for the media. Specific guidelines for responding to media requests follow. CITY SPOKESPERSONS: Unless otherwise authorized, the City's spokespersons are: • Mayor and City Council members • City Manager, Assistant City Managers and Deputy City Manager • City Attorney, City Clerk • Department Heads and Assistant Department Heads • Office of Communications /Public Information Officer • Police Department and Fire Department Public Information Officers (Police and Fire have specific media policies that govern their procedures) • Exceptions regarding departmental spokespersons may be made at the discretion of the Department Head. MEDIA INQUIRIES: Any media inquiries received by other City staff should be referred immediately to the Office of Communications and their Department Head/ Assistant Department Head. An appropriate response to the media would be, "I'm sorry I don't have the full information regarding that issue. 1 will give your request to my Department Director (or the City's Public Information Officer) who will respond to you as soon as he /she is available. " Please obtain the reporter's name, 1r(C phone number (cell too if "in the field "), topic of story and deadline. SENSITIVE OR CONTROVERSIAL ISSUES: All television, radio, newspaper or other media inquiries regarding sensitive or controversial issues should always be referred immediately to the Office of Communications and the employee's Department Head or Assistant Department Head. Communications staff will contact the City Manager's Office and coordinate a response including designating a spokesperson after consultation with the City Manager's Office and the appropriate Department. MEDIA RELATIONS POLICY Page 2 of 3 LITIGATION, PERSONNEL AND ELECTION ISSUES: Generally, the business conducted by the City of Chula Vista is public, and therefore, is public information. Inquiries regarding pending litigation, matters involving a significant exposure to litigation and certain personnel - related information are exceptions. Inquiries regarding pending litigation or exposure to litigation should be referred to the City Attorney's Office and the Office of Communications. Inquiries regarding personnel - related information should be referred to the Human Resources Department and the Office of Communications. The Office of Communications will notify the City Manager's Office. Inquiries regarding election and campaign issues should be referred to the City Clerk or Assistant City Clerk. The City Clerk will contact the City Manager's Office, City Attorney's Office and Office of Communications as appropriate. PERSONAL POINTS OF VIEW It is recognized that all employees have the right to their personal points of view regarding any issue. However, personal points of view may conflict with the City's official policy. Therefore, City employees who write letters to the editor of any newspaper may not use official City stationary. If an employee chooses to identify himself or herself as a City employee in any personal letter or email to the editor, he or she must include language which states the views set forth in the letter do no represent the views of the City, but rather, are the employee's personally held opinions. Similar disclaimers must be given if an employee addresses a public meeting, participates in a radio talk show, or is interviewed for a radio or television program unless the employee is officially representing the City. Employees who are representing the City in any of the above formats must identify themselves as an official spokesperson for the City. GENERAL OR ROUTINE ISSUES: Broadcast media: Calls from broadcast media (TV and radio) should always be referred immediately to the Office of Communications and the employee's Department Head or Assistant Department Head. Communications staff will contact the City Manager's Office and coordinate a response including designating a spokesperson after consultation with the City Manager's Office and the relevant Department. Local print media: Calls from local print media regarding most departmental issues and programs may be handled by each department's Director or Assistant Director. On occasion the Director /Assistant Director may designate an employee in their department to respond to specific questions from print media. The Office of Communications should be informed of these media requests - -- including the reporter and topic - -- either before or immediately following these interviews. CITY- INITIATED INFORMATION: Most proactive media contact is initiated through the Office of Communications. This includes issuing press releases and media advisories, and personal contacts with reporters and editors for coverage. Departments seeking publicity for events or activities should complete the "Department News Form" and submit to the Office of Communications as soon as possible to ensure the best media coverage of their activities. (Form is attached and also is available on the intranet.) Departments should not initiate news media contacts before notifying the Office of Communications. PUBLIC SAFETY ISSUES: Because the Police and Fire Departments operate 24/7 and their work generates a high volume of media calls, those departments have designated sworn personnel as media spokespersons and - • follow specific guidelines when releasing - information. Any media calls to other City staff f ^'"' POUCE regarding a Police or Fire issue should be referred - .- immediately to the Police Department or Fire Department, as appropriate. All information released to the media by the Police and Fire Departments should be provided immediately to the City Manager's Office and the Office of Communications; and, when appropriate, those offices should be contacted at the time of major incidents. httn: / /www.ci.chula vista.ca.us /City Services /Administrative Services /Citv ... 1/7/x()17 MEDIA RELATIONS POLICY Page 3 of 3 CRISIS OR EMERGENCY ISSUES: During a crisis or major emergency (i.e. earthquake), the procedure for handling the media is highlighted in the City's Emergency Plan. The plan designates the City's Public Information Officer as the main point of contact for the media. The Public Information Officer is assisted by alternates including the Police and Fire Public Information Officers who prepare and disseminate emergency public information. 4= Back To Top tltT Ot C HULA VISTA Contact the City I City Agenda 1 Employment 1 Website Linking Policy (PDF) 1 Accessibility 1 Disclaimers Select Language Powered by Col* Translate ©2011 City of Chula Vista. All Rights Reserved BOYNTON loarir BEACH CRA BOARD MEETING OF: March 13, 2012 Consent Agenda Old Business IX New Business Legal Executive Director's Report SUBJECT: Consideration of Agreement for Use of Property (114 N. Federal Highway — Bank of America) SUMMARY: The owner of the property located at 114 N. Federal Highway, the former Bank of America location, has agreed to allow the CRA to use the site for parking for certain CRA events. Attached is an Agreement for Use of Property allowing the CRA to use the property for event parking. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the Agreement for Use of Property between the CRA and One Boynton, LLC. c 7c7P. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \March 2012 \Parking Indemnifiation B of A.doc AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY is made this day of , 2012, by and between the Boynton Beach CRA ( "CRA'") and ONE BOYNTON, LLC, of 114 N. Federal Highway, Boynton Beach, FL 33435, its officers, employees, successors and assigns, to the extent permitted by law ( "Owner "). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 114 North Federal Highway, Boynton Beach, Florida (the "Property "); and WHEREAS, The CRA desires to use the parking lots located on the Property for parking for events on the dates and times outlined on the attached Exhibit A; and WHEREAS, Owner hereby permits the CRA to use the parking lots for appropriate event parking. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the CRA to enter onto the Property for use of the parking lots on the dates and times specified on the attached Exhibit A after execution of the Agreement. 3. Owner represents, warrants, and acknowledges that all mortgage holders, lien holders, and any other entities that may hold an interest in any portion of the Property have consented to the CRA's use of the property in the manner described herein, and acknowledges that the CRA is relying on such representations of Owner in entering into this Agreement. 4. The CRA represents and acknowledges that its activities and all participants are properly covered by appropriate insurance; that the CRA shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring during activities in the course and scope of parking on the Property; and that the CRA shall be responsible for any damage to any property owned by the Owner or any third party. The CRA shall also be responsible for its own negligence. To the extent permitted by law, and subject to the limitations of Section 768.28, Florida Statutes, the CRA shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the CRA's negligence or activities on the Property. Nothing in this paragraph is considered a waiver of sovereign immunity by the CRA. 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the CRA in return for permitting the CRA to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on December 31, 2012. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. IN WITNESS WHEREOF, the BOYNTON BEACH CRA has caused these presents to be executed in its name by its , and attested and its official seal to be hereunto affixed by its , and Owner have hereunto set its hand and seal the day and year first above written. Page 2 of 5 ATTEST: BOYNTON BEACH, CRA By: Print Name: (SEAL) Title: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared , as of the Boynton Beach CRA who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the County and State aforesaid on this day of , 2012. NOTARY PUBLIC My Commission Expires: Page 3 of 5 ■ ATTEST: OWNER ONE BOYNTON, LLC By: Print Name: (SEAL) Title: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared , as of ONE BOYNTON, LLC, a Florida Limited Liability Corporation, who is personally known to me, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same as an authorized officer and on behalf of ONE BOYNTON, LLC. WITNESS my hand and seal in the County and State aforesaid on this day of , 2012. NOTARY PUBLIC My Commission Expires: EXHIBIT "A" PARKING DATES FOR 114 N. FEDERAL HIGHWAY, BOYNTON BEACH, FL 4 OF JULY — SALUTE TO INDEPENDENCE Wednesday, July 4, 2012 PIRATE EVENT Saturday & Sunday, October 27 & 28, 2012 HOLIDAY EXTRAVAGANZA Saturday, December 1, 2012 HOLIDAY BOAT PARADE Friday, December 7, 2012 BOYNTON =BEACH CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 I Old Business IX 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of Lease Renewal with Jesus House of Worship, 1000 N. Seacrest Boulevard SUMMARY: In March 2007, the CRA negotiated a settlement to purchase the property located at 1000 N. Seacrest Boulevard (map attached) from the Jesus House of Worship, Inc. At the time of mediation, the building was utilized as a church. The settlement agreement authorized Jesus House of Worship to remain in the building as tenant with a one year lease at a rate of $10 annually and with any future lease renewals at the sole discretion of the CRA Board. Beginning in March 2007, the CRA Board has approved consecutive lease term renewals for Jesus House of Worship at the existing rate of $10.00. The current lease term expires on March 31, 2012. CRA staff reviewed various redevelopment scenarios and does not recommend terminating the lease or a rental increase which would increase the property tax liability to the CRA. The lease agreement requires the tenant to be responsible for any and all maintenance /repairs as well as their continued occupancy of the building provides the community with eyes and ears for neighborhood crime watch initiatives. Additionally, the Tenant is responsible for all maintenance expenses associated with the property. FISCAL IMPACT: None. CRA PLAN, PROGRAM or PROJECT: Boynton Beach CRA Redevelopment Plan, Heart of Boynton Redevelopment Plan, RECOMMENDATIONS: Approval of the Lease Renewal with Jesus House of Worship for the property located at 1000 N. Seacrest Boulevard. ' /6- Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2010 - 2011 Board Meetings \2-8-2011 Meeting \Lease renewal for Jesus House of Worship.doc ■ R Ai Z . . r C — J4 ^.w;. .�. v r-7.7:17-i:4-,.. r" , ;' . ` ,.. a. .. • N < — d ✓ + 4b « w b y ^1 L E pale 450.19C•s % 1;7. r2.1LriCes ea . ... ... , :,;';,4i!. , , '•'•. . i , N Q s CD .13 > L fX OD ' a a) o ' L CO as N a) 0 J _ 2 Z N N 0 N t • 0 0 • e- N O t t a 0 0 C2. a Ce 0 0 0 a a • COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of , 2012, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY whose address is 710 N. Federal Highway, Boynton Beach, Florida 33435, (hereinafter referred to as "Landlord "), and JESUS HOUSE OF WORSHIP, INC., whose address is 1000 N. Seacrest Boulevard, Boynton Beach, FL 33435 referred to as (Tenant "). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenant , . greements to be performed and observed by the Tenant, does hereby lease to the Tenant tith . t does hereby lease and take from the Landlord the property described in Exhibit "A" of ched h za d by reference made a part hereof (the "Leased Premises ), together with, as part of the parcel, a : . rovements located thereon. ARTICLE II - LEASE TERM Section 1. Total Tenn of Lease. The term of this Lease shall begin on the commencement date, set forth above, and shall terminate on March 31, 2013. Upon the expiration of the Lease Term as provided herein, the occupancy shall be d '` i s a Tenancy at Will, from month to month, upon the covenants, provisions and conditions set fo 4 4 din. until otherwise agreed to in writing by both parties. Section 2. Commencement Date,: The "Commencement Date" shall mean the date on which the Tenant shall commence to conduct.business on the Leased Premised, so long as such date is not in excess of thirty (30) days subsequent -to execution hereof. ARTICLE III - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept monthly rent in the amount of Ten Dollars ($10.00) per year, payable in advance upon execution of this Agreement. ARTICLE' IV — TAXES While it is recognized Tenant is a tax exempt entity , any and all personal or property taxes, and any and all assessments (be they ordinary or extraordinary) shall be the responsibility of Tenant during the term of the Lease. ARTICLE V — UTILITIES Tenant shall pay for all utilities, including, without limitation, water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Page 2 of 7 COMMERCIAL LEASE AGREEMENT ARTICLE VI - OBLIGATIONS FOR REPAIRS The Tenant shall be solely responsible for the repair and maintenance of the Leased Premises. ARTICLE VII - TENANT'S COVENANTS Tenant covenants and agrees to procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, and reasonable wear and tear. ARTICLE VIII - INDEMNITY BY TENANT The Tenant shall save and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employee, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises. public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) lays prior written notice to Landlord. ARTICLE IX- USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant exclusively as a church, to be known as Jesus' House of Worship. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE X — INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises or equitably allocate the proceeds as the Parties may otherwise agree to in writing. Page3of7 COMMERCIAL LEASE AGREEMENT ARTICLE XI — CONDEMNATION If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. ARTICLE XII — DEFAULT Section 1. LANDLORD'S Remedies. In the event that: i. Tenant shall be in default of any provision of this Lease; or ii. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof. Landlord shall be entitled to: i. Terminate this Lease by giving Tenant ninety (90) day notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant 's default; or iii. Pursue such other remedies as are available at law or equity. ARTICLE XIII - QUIET ENJOYMENT Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. ARTICLE XIV - PROPERTY DAMAGE Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where Page 4 of 7 COMMERCIAL LEASE AGREEMENT caused by the willful act or omission or negligence of Landlord, or Landlord's agents, employees or contractors. ARTICLE XV — NOTICES All notices and other communications authorized or required hereunder, 11 be in writing and shall be given by mailing the same by certified mail, return receipt reque, postage prepaid, any such notice or other communication shall be deemed to have been given „en received by the party to whom such notice or other communication shall be addressed. If in ": for Landlord the same will be mailed to the address herein above set forth or such other address'tai ,andlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be 'Oiled to Tenant at the address herein above set forth, or such other address or addresses as Tenant may= hereafter designate by notice to Landlord. ARTICLE XVI — MISCELLANEOUS Section 1. Assignment and Subletting. Tenant shall not assign or sublet the Leased Premises without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and /or improvements, exclusive of structural , mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 4. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased • Page 5 of 7 COMMERCIAL LEASE AGREEMENT premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective succors and assigns. Nothing contained herein shall be deemed or construed by the parties hers `® nor by any third party as creating the relationship of principal and agent or of partnership a a joint venture between the parties hereto, it being understood and agreed that neither anyrovist ®. contained herein, nor any acts of the parties hereto, shall be deemed to create any relattonip betWebn kAbe parties hereto other than the relationship of Landlord and Tenant. Section 5. Brokerage. No party has acted as, by rough a broker in the , . ti fi e on of this Agreement. Section 6. Entire Agreement. This instrument contains the ent=ire and only agreement between the parties, and no oral statements or representations or prior ` tten matter not contained in this instrument shall have any force and effect. This Lease shall not b .modified in any way except by a writing executed by both parties. Section 7. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trtal by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 8. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 9 Extraordinary Remedies. To the extent cognizable at law, the parties hereto , in the event of breach and in addition to any and all other remedies available thereto , may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. Page 6 of 7 COMMERCIAL LEASE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: BOYNTON BEACH COMMUNITY JESUS HOUSE Q WORSHIP ( "TENANT ") REDEVELPOMENT AGENCY ("LANDLORD") By: By: Its: Its: WITNESSES : WITNEES : Please Print Name Please Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument w acknowledged before me on this day of by of the BOYNTON BEACH COMMUNITY REDEVELPOMENT AGENCY who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped • Page 7 of 7 COMMERCIAL LEASE AGREEMENT STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument w acknowledged before me on this day of by of the JESUS HOUSE OF WO '.;`= : ' who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped Commercial Lease Agreement Exhibit "A" Leased Premise as Legally Described: PALM BEACH CONTRY CLUB ESTATES LOT 1 (LESS W 25FT & 20FT RETURN CURVE AREA RD R/W) & LOT 2 BLOCK 4, as recorded in the official records of Palm Beach County, Plat Book 11305, Page 0755. BOYNTOV =BE CRA BOARD MEETING OF: March 13, 2012 1 Consent Agenda 1 1 Old Business 1 X 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). Pulled from February 14, 2012 Agenda. SUMMARY: Family Development Partners, Inc., as the owner of the property located at 420 West 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 originally applied for the Commercial Facade Grant for their property located at 508 East Boynton Beach Blvd. In the meantime, the Applicant decided to purchase the 420 West Boynton Beach Blvd. property and relocate its offices to the new building (Warranty Deed Attached). Therefore, Family Development Partners, Inc. resubmitted an application for the Commercial Facade Grant for the new location. Applicant was not able to obtain three cost estimates for all of the exterior repair items being requested in the grant (parking lot lighting, exterior paint, landscape & irrigation). CRA staff is requesting the CRA Board to approve the Commercial Facade Grant at this meeting with the understanding the CRA staff will not release any funding to the applicant until it has submitted the required cost estimates prior to the beginning of the work. 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. u� ichael Simon Development Director r BOYNTO _ M J� =BEAC , :. :k e:.x w r9j 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: / W. 0.0cp't trn t ee�. h � . L<C ---� r Address of Property Owner: oZ© . 4oL., i` v1 c 11 v` . City /State: ( A3( \A 3 �'c F Zip Code: 3 J Y 3 -S" Phone # Day: St - -- /S d‘ k - ,;?0cC 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 eek-ciritz Name of Business: (� l Address of Business: � (fi b 1 Vd City /State: ..4.,..c C � Zip Code: 3343 Phone # Day: 6-41 _ a - UOC Evening: Initial Page 1 of 6 710 North Federal Highway Boynton Beach, FL 33435 Type of Business: K_e_3i\rnaQ 19,2 Ai f'11P..r'1T F} Le., Years of Operation: FGI(vt.l, U m -P--ct PO (bf\ 4 et �-e+' . / Vow Number of Employees: Annual j Payroll: 9 3 ( 50 0 Number of Employees residing in Boynton Beach: j List of improvements proposed: II. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 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 • Signage Initials Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 4. All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach /Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a 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" vendorlcontractor invoices along with a letter from each vendor/contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos. ill. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal lnit Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Highway, Boynton Beach, FL 33435, phone 561- 737 -3256 or download the application from www.boyntonbeachcra.com /businesses/ 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Applicable documents must be attached for the Application to be processed. Written description of the improvements to be done to the property along with the following items: 1. W9 Form (attached) 2. Copy of Warranty Deed 3. Copy of Lease 4. Project work write -up(s) describing in detail the scope of the project, 5. Plans or sketches if applicable, 6. Site plan and plant list for landscape projects, 7. Third -party cost estimates from three (3) licensed contractors, 8. Estimated time line, 9. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 10. A minimum of four (4) 3" x 5" color "before' photos of the project which must include "public views ", 11. Signage design with colors & materials proposed if applicable, 12. Project color chips / material samples if applicable, and material specifications. Initial§ Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations, L i► "104..... ' .rte 61\C1 its 3 to 1?. Witness (Da -) Property Owner (Date) r ,-./ a Q y ri to,, rar=er. , (_� c... Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLORIDA = " : " - wErmYeEPoCOw�z n *: n. • , r MY COMMISSION # EE 132523 d • EXPIRES: September 21, 2015 Bonded Nu Notary Public Underwriters COUNTY OF Palm / D2_ _- _ BEFORE ME, an officer duly authorized by raw to administer oaths and take acknowledgements, personally appeared LU -/2r7 tc�'�G�1 � w is Orsona I Ltn wr f ejor 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 /' '" day of /) /2.& , 20 `°).. NOTARY PUBLIC 6L9,Z,X,,d'i �=iie - e�' ,. it • WENDY BERKOWICZ It: , . . .. .r _ MY COMMISSION # EE 132523 My Commission Expires: 9 0 2,/// , ..5 - ,/ /.S •% EXPIRES: September 21, 2015 % iict Balled Thru Notary Public Underwriters Page 5 of 6 710 North Federal Highway Boynton Beach, FL 33435 ( Tenant/Business owner's signature must be notarized) 6Oe `jam- Witness ?/(614.2_ fenant/Business Owner (D e) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF FJ%-/- &d- BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared L a a , , , , - 4 n ( . F . e i d i r r , , s i t , w*o is personally known to me ;:Sr 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 day of _1)/4,i:;rf,/ , 20 "il NOTARY PUBLIC , !(L(;�''� V rr , WENDY BERKOWICZ y ,�+ ,a MY MY COMMISSION # EE 132523 _ ;4 E Sepm ber 21 2015 My Commission Expires: f/.2.///5 .2./ // b B onded EXP +RThr S: NNotaytePublicUnd, enrriters Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 This Document Prepared By and Rearm to Secure Land Title & Escrow Services, Inc. 712 U.S. Highway One, Ste 230 North Palm Beach, FL 33408 08-43-45-28-11-000-0030 Peal ID Number: 08 -43 -45- 28-11- 000-0030 Warranty Deed This Indenture, Made this ht day ofMarch, 2012 A.D., Between Financial Boynton Group, Inc., a Florida corporation, of the County of Palm Beach , State of Florida , grantor, and 420 West Boynton Beach Blvd, LLC, a Florida limited liability company whose address is: 21475 Linwood Court, Boca Raton, FL 33433 of the County of Palm Beach, State of Florida, grantee. Witnesseth that the GRANTOR, for and in consideration of the star of TEN DOLLARS (S10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby ac]mowiedged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs. successors and assigns forever, the following described land, situate, lying and being in the County of Palm Beach star of Florida to wir Lots 3 and 4, Less the North 10 feet thereof of Addition No 1 to Boynton Heights, according to the Plat thereof, as recorded in Plat Book 4, Page 7, of the Public Records of Palm Beach County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2012. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever FINANCIAL BOYNT In Witness Whereof, tic grantor has hereunto set its hand and seal the day and year 1 " Signed, sealed and delivered in our presence: Financi r • n Group, Inc . , Florida • - • ration e BY ...4011 Printed N . IMrEnlirairr 14, r T. odore A. Cos zo, Presiden Witness •6/ - .2 /.. -%k) 0 -4641.wf Printed Name: L Lig WA! L 0„S 779 A/ z-et Witness STATE OF COUNTY OF JoiliM ee - The foregoing 1111Wwas acknowledged before me this I ' -s--- day of 41 , 2012 by Theodore A. Costanza, President of Financial Boynton Group, Inc., a Florida corporation, he is personally known to me orhe has produced his as idostification. _ ‘_ .......... i•" _ "—EL e • 3 - - Printed Name: 111111111 Notary Public ' ; TI"l t ,k • .n Expires ma4Z-114,..,..- My C�msn�Expi; LvAN ; — . - • • • _ FINANCIAL BOYNT COMMERCIAL LEASE AGREEMENT This Lease Agreement (this "Lease ") is entered by and between 420 W Boynton Beach Blvd, LLC ( "Landlord ") and Family Development Partners, Inc ( "Tenant ") on March 7, 2012. Landlord and Tenant may collectively be referred to as the "Parties." This Lease creates joint and several liability in the case of multiple Tenants. The Parties agree as follows: 1. PREMISES. A. Premises. Landlord hereby leases part of the property located at: 420 West Boynton Beach Blvd, Boynton Beach Florida 33435 designated as Suite 201 as described in the "Floor Plan" attached hereto as Exhibit A (the "Premises ") to Tenant. The total square footage of the Premises is 3952 sqft. B. Parking. Tenant shall be entitled to use 21 parking space(s) for the parking of motor vehicle(s) located subject property for an additional monthly fee per space of $ 0.00 per month. The parking space(s) will be used exclusively for the parking of passenger vehicles and is not to be used for washing, painting or servicing of vehicles. Tenant's vehicle will occupy the parking space(s) entirely at the risk of Tenant. If Tenant shall dispose of his vehicle or not require parking accommodation for any other reason, Tenant shall not assign or sublet the parking space unless expressly granted prior permission by Landlord. C. Utilities & Services. Landlord shall be responsible for paying for the following utilities and services: water, air conditioning and heat. Renter shall be responsible for all other utilities and services including, but not limited to: Electrical, Phone, Wi -Fi, and Cable. For those utilities or services that Tenant is responsible for but are not individually metered, Landlord shall pay the amount due, and invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such charges within N/A ( ) days of receiving the invoice. 2. LEASE TERM. The lease will start on April 1, 2012 and will end on March 31, 2022 (the "Initial Lease Term "). The Rent for the Initial Lease Term shall be as set forth in the schedule in Section 3 below. Provided that the Lease is not in default, Tenant may extend the Lease for an additional term of Two -Ten Year options (2/10) (the "Renewal Term," collectively with the Initial Lease Term, the "Lease Term "). If Tenant chooses to exercise its option for the Renewal Term, Tenant must notify Landlord in writing ninety (90) days prior to the expiration of the Initial Lease Term. The Rent for the Renewal Term shall be as set forth in Section 3 below, and otherwise upon the same terms, conditions and obligations as set forth in the Lease. 3. PAYMENTS & TAXES. A. Rent Amount. Tenant agrees to pay to Landlord as rent for the Premises the following amounts (the "Rent "): Commercial Lease Page - 2 Year Annual Rent Monthly Rent 1 2012 $ 5,071.73 $ 60,860.00 2 2013 $ 5,173.16 $ 62,077.92 3 2014 $ 5,276.62 $ 63,319.48 4 2015 $ 5,382.15 $ 64,585.83 5 2016 $ 5,489.79 $ 65,877.55 B. Payment. The rental payment as described above shall be due in advance on the first day of each month at:420 W Boynton Beach Blvd, Suite 101, Boynton Beach Fl 33435 or at any other address designated by Landlord. If the Initial Lease Term does not start on the first day of the month or end on the last day of a month, the Rent for the relevant month will be prorated accordingly. Base rent amounts shall increase by Two Percent (2 %) annually throughout initial and optional terms. C. Late Charges & Insufficient Funds. If any amounts due under this Lease are more than 10 days late, Tenant agrees to pay a late fee of $250.00. Tenant agrees to pay the charge of $35.00 for each check provided by Tenant to Landlord that is returned to Landlord for lack of sufficient funds. D. Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments that are levied, assessed or come due during the Lease Term on the Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Premises. Tenant shall be responsible for paying all taxes with respect to Tenant's equipment, fixtures or personal property on the Premises. 4. SECURITY DEPOSIT. A. Security Deposit. At the signing of this Lease, Tenant shall deposit with Landlord, in trust, a security deposit of $2,500.00 as security for the performance by Tenant of the terms under this Lease and for any damages that may be caused by Tenant, its employees, agents and /or visitors to the Premises during the Lease Term (the "Deposit "). Landlord may use part or all of the Deposit to repair any damage to the Premises caused by Tenant, its employees, agents and/or visitors to the Premises. However, Landlord is not limited to the Deposit to recoup damages, and Tenant remains liable for any balance. Tenant shall not apply or deduct any portion of the Deposit from any month's Rent, including the last month of the rental term. Tenant shall not use or apply the Deposit in lieu of payment of Rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit the Deposit, as permitted by law. B. Return of Deposit. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Deposit shall be returned to Tenant after the date fixed as the end of the Lease and after delivery of entire possession of the Premises to Landlord. 5. USE. Initials: Landlor& Tenant k- Commercial Lease Page - 3 A. Permitted Use. Tenant shall occupy and use the Premises for: General Office Use consistent with Tenant's lawful business operations. If there is any change to the use of the Premises, Tenant must first obtain Landlord's written consent, which shall not be unreasonably withheld. B. Prohibited Use. Notwithstanding anything to the contrary, Tenant is not to use the Premises for any illegal purposes, nor will Tenant use the Premises for the storing, manufacture, selling or distribution of any dangerous, noxious or hazardous substance. Furthermore, Tenant shall not use the Premises for any purpose that would cause Landlord's insurance cost to increase at any time during the Lease Term. C. Noise. Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other tenants or neighbors. D. Signage. Tenant is permitted to install and display signage identifying the Tenant and Tenant's business activities. Such signage shall be placed: on north face of building only the numbers 420 will appear and on the existing monument sign the Subway nationally recognized logo and the words Regional Office and shall not exceed the following dimensions: largest allowable by governing authority. Additional signage may only be displayed with Landlord's prior written consent. E. Building Rules & Regulations. Landlord may adopt reasonable building rules, which will become part of this Lease 6. ALTERATION, DAMAGE & REPAIR. A. Alterations and Improvements. Tenant agrees not to make any improvements or alterations to the Premises without the prior written consent of Landlord. If any alterations, improvements or changes are made to or built on or around the Premises, with the exception of fixtures and personal property that can be removed without damage to the Premises, they shall become the property of Landlord and shall remain at the expiration of the Lease, unless otherwise agreed in writing. B. Damage to the Premises. If the Premises or any part of the Premises are damaged or destroyed by fire or other casualty not due to Tenant's negligence, the Rent will be abated during the time that the Premises are rendered unfit for occupancy. If the Premises are rendered partially unfit because of damage or destruction not due to Tenant's Negligence, the Rent will be abated in proportion to the percentage of the Premises that are and remain unfit for occupancy. If Landlord decides not to repair or rebuild the Premises, then this Lease shall terminate and the Rent shall be prorated up to the time of the damage. Any unearned rent paid in advance shall be refunded to Tenant. Initials: Landlor " . Tenant ipir Commercial Lease Page - 4 C. Condition of Premises. Tenant or Tenant's agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are . in good and acceptable condition and are fit for occupancy. If in Tenant's opinion, the condition of the Premises has changed at any time during the Lease Term, Tenant shall promptly provide reasonable notice to Landlord. D. Maintenance and Repair. Tenant will, at Tenant's sole expense, keep and maintain the Premises in good, clean and sanitary condition and repair during the term of this Lease and any renewal thereof. Tenant shall be responsible to make all repairs to the Premises, fixtures, appliances and equipment therein that may have been damaged by Tenant's misuse, waste, or neglect, or that of the Tenant's agents, associates, employees, or visitors. Tenant agrees that no painting will be done on or about the Premises without the prior written consent of Landlord. Tenant shall promptly notify Landlord of any damage, defect or destruction of the Premises, or in the event of the failure of any of the appliances or equipment. Landlord will use his best efforts to repair or replace any such damaged or defective area, appliance or equipment. 7. SECURITY, INSURANCE & INDEMNIFICATION. A. Security. Tenant understands that Landlord [mark one] X does Q does not provide a security alarm systems or other security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security. B. Insurance. Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant understands that Landlord will not provide any insurance coverage for Tenant's property. Landlord will not be responsible for any loss of Tenant's property, whether by theft, fire, riots, strikes, acts of God or otherwise. Notwithstanding anything to the foregoing, Tenant shall, at its own expense, maintain a policy of comprehensive general liability with respect to its activities at the Premises which will afford protection of not less than $1,000,000 combined single limit coverage of bodily damage, property damage, or combination thereof. In addition, Landlord shall be listed as an additional insured on Tenant's general liability insurance policy. C. Indemnification. To the extent permitted by law, Tenant hereby indemnifies and holds Landlord and Landlord's property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant's express or implied consent, except where such loss, claim or injury is due to Landlord's act or negligence. Initials: Landlo Alp Tenant Commercial Lease Page - S 8. POSSESSION & INSPECTION. A. Possession and Surrender of Premises. Tenant shall be entitled to possession of the Premises on the first day of the Lease Term. At the expiration of the Lease Term, Tenant shall peaceably surrender the Premises to Landlord or Landlord's agent in as good of condition as it was at the commencement of the Lease, reasonable wear and tear excepted. B. Quiet Enjoyment. Tenant shall be entitled to quiet enjoyment of the Premises, and Landlord will not interfere with that right, as long as Tenant pays the Rent in a timely manner and performs all other obligations under this Lease. C. Right of Inspections. Tenant agrees to make the Premises available to Landlord or Landlord's agents to inspect, to make repairs or improvements, to supply agreed services, to show the Premises to prospective buyers or tenants, or to address an emergency. Except in an emergency situation, Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, twenty -four (24) hour notice shall be deemed reasonable. Tenant shall not, without Landlord's prior written consent, add, alter or re -key any locks to the Premises. At all times Landlord shall be provided with a key or keys capable of unlocking all such locks and permitting entry. Tenant further agrees to notify Landlord in writing if Tenant installs any burglar alarm system, including instructions on how to disarm it in case of emergency entry. 9. DEFAULTS. A. Event of Default. If Tenant fails to fulfill or obey any of the covenants of this Lease, Tenant shall be in default of this Lease ( "Event of Default "). During any Event of Default, subject to any statute, ordinance or law to the contrary, and upon Landlord serving a written seven (7) days notice upon Tenant specifying the nature of said default and upon the expiration of said seven (7) days, if Tenant does not cure a default of which he has been notified, or if the default cannot be completely cured or remedied in seven days, Landlord may at Landlord's option: (i) cure such default and add the cost of such cure to Tenant's financial obligations under the Lease; or (ii) declare Tenant in default and terminate the Lease. B. Physical Remedies. If the notice provided for in Section 9(A) has been given, and the term shall expire as noted, or if Tenant shall make default in the payment of Rent, then Landlord may without notice, as permitted by law, re -enter the Premises either by force or otherwise, dispossess Tenant by summary proceedings or otherwise, and retake possession of the Premises. Tenant hereby waives the service of notice of intention to re- enter or institute legal proceedings to that end. C. Financial Remedies. In the event of any default, re -entry, expiration and /or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re -entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, attorneys' fees, brokerage, and /or putting the Premises in good order; (ii) Landlord may re -let the Premises or any part or parts thereof; and /or (iii) Tenant shall also pay Landlord �lnitials: Landlord_ Commercial Lease Page - 6 liquidated damages for his failure to observe and perform the covenants in this Lease. Landlord may, at his sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re -let. In the event that after default by Tenant Landlord is unable to re -let the Premises during any remaining term of this Lease, Landlord may at his option hold Tenant liable for the balance of the unpaid Rent under the Lease for the remainder of the Lease Term. Landlord shall be responsible for mitigating its damages. 10. ASSIGNMENT & SUBORDINATION. A. Assignment by Tenant. Tenant shall not assign or sublet any interest in this Lease without prior written consent of the Landlord, which consent shall not be unreasonably withheld. Any assignment or sublease without Landlord's written prior consent shall, at Landlord's option, terminate this Lease. B. Assignment by Landlord. Nothing in this Lease shall restrict the Landlord's ability to sell, assign, convey or otherwise encumber the Premises, subject only to the rights of the Tenant under this Lease. B. Subordination. This lease is and shall be subordinate in any and all respects to all mortgages now or hereafter placed on the Premises, and all extensions, renewals, or modifications thereof. The Tenant agrees to promptly execute any instruments of subordination as may be requested. 11. MISCELLANEOUS. A. Severability. If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Lease shall continue in full force and effect. If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. B. Binding Effect. The covenants and conditions contained in the Lease shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties. C. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Florida. D. Entire Agreement. This Lease constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Lease. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified in writing and must be signed by both Landlord and Tenant. E. Notice. Any notice required or otherwise given pursuant to this Lease shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by Initials: Landlord_ Tenant Commercial Lease Page - 7 overnight delivery service, if to Tenant, at the Premises and if to Landlord, at the address for payment of Rent. Either party may change such addresses from time to time by providing notice as set forth above. F. Waiver. The failure of either party to enforce any provisions of this Lease shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. The acceptance of Rent by Landlord does not waive Landlord's right to enforce any provisions of this Lease. 12. ADDITIONAL TERMS & CONDITIONS. (Specify "none" if there are no additional provisions.) Landlord will be the responsible party for any interior and exterior repairs or improvements. IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written. LANDLORD: / TENANT: (Sig e) (Signature) C S Pahl n Pri Na e 1 (Print Name) ‘C- Title (if applicable) Title (if applicable) 'Initials: Landlord Tenant — , EXHIBIT A "Floor Plan" I 'r/ .9-A1. .L MS tL - .0L ! — I __- �-A - -oo =�_ oc � -- W u ( W L n u. c e I R , k5 ' MI e C 1 . n -WC t.-,e C.' 9 It IX o . m ii. Ski; a I EL 1-- I– • 01 ,Q D ,� _ Q i Al - , bill= .. ' 1 '1'9-11: 16 1 a m■ z 61. . MU 0 MEE I ��j rat lam- z s,i= W h tt Q LI o o I I N } p NN N � N A AL-.4 i .C.4L 1m O z r�� W O a 1 O e •I. Y �. 1 Z M a J I W (i.) O fp .11 m - SEEMINIE - 915 C A rc Y _. . .Y.4 T W U W W St U f W O W t Z O O O U ' . 4 /f 0 LL .8/SE-St AK 9 .1 ..91L 4.LL ■ C t • Ilk 1 1 I 4-- ; . X 9 F tan K i . i . r } f 4 �A v). lit 4 . * Cie `• t iii 1%) A 6. t . , 3 '. _, ■ b y 1. .� �fi . i _. t - ,4*..-. r +•..• .er- • r • IP , '.E ! i r h 4 Z a 4. a - ° 4 , ! p 0 4 s i nt ii RI ..P 4 • **km „_., M 44„. w ti • '' $ .4 0 . "" , , . 5 1 tY • J 9r 1 r ' ♦ 1 4. tt 11 ti ill 1 ' ' r t P 1 I T ° ce r � � i - Lem - 1 sill : � ,il k l I 1114: c + ; • s— 4:11 _ ' LIIIII I . R ♦ ` ' S — _`u' 1 A 1 ' `l am ' t r , r A SS 'o r S MO ' t J t .t •- �. 1 Patrone Construction, Inc. 475 NE 14 Street, Boca Raton, FL 33432 Phone: (305) 986 -2922 • Fax: (561) 393 -7091 PROPOSAL February 23, 2012 PROJECT: Subway Regional Headquarters — EXTERIOR PAINTING 420 E. Boynton Beach Blvd. Bid # 1 Main Building. 1. Pressure wash all areas 2. Seal all areas with Masonry Conditioner. 3. Paint all areas with (1) one coat of A -100 Acrylic Latex Paint. BID $5290.00 Bid # 2 Paint First Floor Parking Garage Ceiling 1. Rust to be treated with KemKromik Universal Primer 2. Pressure wash all areas. 3. Apply (1) one coat of Masonry Conditioner 4. Apply (1) one coat of A -100 Acrylic Latex Flat Paint BID $3,450.00 Bid # 3 Repainting Storefront Windows — not included First Floor Parking Area. 1. Sand all areas 2. Apply deglosser to existing 3. Window frames painting to match existing BID $2,645.00 Total: $11,385.00 API GROUP, INC. SUBWAY REGIONAL OFFICE Exterior Color Scheme Ceiling of Accent Parking Wall Garage 2121 -40 Silver 2121 -70 Half Chantilly Dollar Lace Wall field 2120 -70 Stone White Note: All paints are Benjamin Moore Glass Existing Quote }s° •.;;; Rut Lades laia. F£ 33330 • Dia Quote* Loma Mica Southeast i5! Catty agle 312J12 None / Address SUBWAY INADMAR ERS BOYNTON BEACH BLVD. ATTR ALIGUSTEW PALM BEACH RE LANDSCAPE BA R•F Palma • Dearlaixt air Tad RFMOVEALL FCUS MIXES W FRONTREARAND BOTH SCES OF PROPERTY. CUM GRADES ON EACH SIDE TO MISdIE RUMS REMOVE 7WOQUEEN PALMS IdFRONT_TRRIMGR LARGE TREES W REAR OF Pl7onny FROM PO4ME MIES:TRW TWO TREES EL FRONT OFPROPERTY .ALLTREEE'ERBIMBi(iRIMPERFORMED8Y A LEERED ANDCERTIFIED AMUR. REPLACE FICUS HEDGE WITH TIME GALLON ARBOR1COLA AFROMMATELY PLANTED if QN CFIERAT WES AID REAR. PROPERTY. FRONT Ham TO BE PLANTED ATIR' Off CENTER. REMIT OF 24 CREATE BED AROUND FRONT star USING SEASONAL MATERIALS APPAQXA iA1I3.Y ( 161 PLANTS - RF VVEAND REPLACE MAIM AREAS TO INCLUDE R 1VE WANDS AND ALL NEWLY LANDSCAPED BEDS. 493203 REPAIRS OF OUSTING SPRINKLER SYSTEMIC; BE BLUED ,AT A RATE OF TIME AND MATERIAL PLUS TEN PEST_ OPTIONAL % RK: INSTALL THREE SABAL PALMS AT FRONT ISLAND LOCATK1N. 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M M (/) CO o 2 2 O 0 a c E O cv ° c U O 0 3 C f, O O E 0 N E O O O r Q ca c� 0 H (/) m r U N — O N O c C CD C . 3 co O O .- aw ▪ L N c c c o 0- L., E � te a _, ° '_ co Q >L °' L ago Y a.) co o U < o E s U- G.) ▪ V O to °? 0 3 C G1 c6. g cB U C C _O O m O `J L- O O a) cp U O O O < (n Q N M J O CO CD E O > 0 0 v C eu CD CU , N O . u) a a< 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) 5 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