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Agenda 05-15-12 Amended Agenda CRA Board Meeting AMENDED MEETING SCHEDULE Tuesday, May 15, 2012 at 6:00 PM (Prior to City Commission Meeting) City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Boynton Beach Community Farmers Market VIII. Consent Agenda: A. Approval of Minutes – CRA Board Meeting April 10, 2012 B. Approval of Period Ended April 30, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Extension of Time for Interior Build-Out Grant to the Law Offices of Angelo A. Gasparri, LLC E. Approval of Extension of Time for Interior Build-Out Grant to GPS PEO, Inc. F. Approval of Extension of Time for Interior Build-Out Grant to Splashdown Divers, Inc. G. Approval of Extension of Time for Commercial Façade Grant to Splashdown Divers, Inc. IX.Pulled Consent Agenda Items : X. Information Only: A. Public Comment Log B. Events Recap - April 2012 C. Rustic Retreat Commercial Façade Project Completion D. Quarterly Update – Media Coverage E. Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not to Exceed $10,000 to Provide Developer Review and Market Feasibility Analysis of the Lansing Melbourne Proposal for the Old High School XI. Public Comments : (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project XIII. New Business: A. Discussion of Potential Dates for CRA Budget Workshops 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 HESHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE 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 .(..286.0105) TO BE BASED FS 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 .(561)737-3256- BY THE CITY PLEASE CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE MEETING PROGRAM OR . ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST S May 8, 2012 Vivian L. Brooks Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Ms. Brooks, Swan Development Advisors is pleased to respond to your request for technical support in the analysis of development proposals. As you know, Swan Development Advisors has worked with CRAs in Florida for over a decade; many times assisting CRAs with the project concepts and financial analysis, CRA expansion plans, developer recruitment, RFP /RFQ management, and incentive analysis. We also understand development by doing it. In 2011, Swan completed renovations on a 100 year -old, mixed -use building in downtown Lakeland that now includes office, retail and residential units. It is my understanding that the Boynton Beach CRA currently has the opportunity to engage developers on the re- purposing of the Old High School, to a multi - purpose privately owned building. The City would give the building and land to the developer. Analysis of developer proposals is always an important step in the due diligence and selection process and we applaud you for your thoughtfulness and diligence. Swan would very much like to assist you in this analysis. I have attached a brief professional services proposal and a number of project examples and my personal resume. Please contact me with any questions, Sincerely, Bruce Lyon p.o. box 2097 • Iakeiand. fl 33806 - 2097 • office: 863 616 1615 • fax. 866 535 9320 B O Y NTO N iiiiiiiiiH: BEACH CRA BOARD MEETING OF: May 15, 2012 Consent Agenda Old Business I New Business 1 1 Legal X I Other SUBJECT: Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not to Exceed $10,000 to Provide Developer Review and Market Feasibility Analysis of the Lansing Melbourne Proposal for the Old High School SUMMARY: At the May 1, 2012, City Commission meeting the Commission selected the Lansing Melbourne group to redevelop the Old High School. At the same meeting, the Commission also expressed the desire to retain the services of a third party to analyze the feasibility of the proposed use. The CRA has funds remaining in its FY 2011 -2012 budget for the redevelopment of the Old High School that can be used for this purpose. CRA staff obtained proposals and credentials from three firms. CRA staff selected Swan Development from Lakeland, Florida to work on the project. FISCAL IMPACT: Up to $10,000 to conduct the necessary research on the project. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: N/A '----/ / - Vivian L. Brooks Executive Director T•1 Af_C Al11AC !`l11■1C`C1.1T Ant Kin A C AA/lk1TLJl V DCDf DTC1!`.......1-40.1 Anenfl, I }em Dnn.anc+ Cnrmc IN., IAnofinn \CV )f111 _')f11 q Rnnrri Services Proposal Objective To assist the Boynton Beach Community Redevelopment Agency with redevelopment planning and analytical services to enable the CRA to make informed decisions regarding development opportunities. SCOPE OF WORK Review of Redevelopment Proposal for Old High School Task A. Proposal Review and Analysis Swan will assist the Boynton Beach CRA in the review of redevelopment proposal for the Old High School. The unique nature of this review will combine elements of economic /financial analysis, community revitalization and redevelopment, planning and community impact. Upon completion, Swan will document analysis, findings, and recommendations in a written report and present such recommendations to the CRA staff and (optional) CRA Board. Task B. Developer Background Check Swan Development Advisors recognizes the importance of selecting the best development proposal for difficult urban projects that may require the investment of public funds or other public contributions. These projects are at times exceptionally difficult and the character and financial capacity of CRA partners is paramount. In order to answer every reasonable question about potential developers Swan maintains a relationship with a retired FBI Special Agent to undertake background checks on the various principals and managers of the proposed project. Typically, background checks on a company or individual take approximately four hours. Page 1 2 TASK AND FEE SCHEDULE Task A. Proposal Review and Analysis: Bruce Lyon MBA Team Leader $120 /hr Stefanie von Paleske -Bush AICP Project Planner $75 /hr Administrative Support $35 /hr Task B. Developer Background Check $125 per hour plus proprietary database charges Swan Development Advisors, Inc. is prepared to immediately undertake the services described upon execution below. This will serve as authorization to commence work immediately. Upon commencement, client will forward all pertinent information and materials to consultant and consultant will immediately undertake review and analysis of proposals and documentation of findings. Anticipated project completion — To be determined in consultation with CRA staff. --5 // ' `Y// / ' 2 " Bruce W. Lyon May 7, 2012 City9f Boynton Beach CRA Date j V /071) (��'UcY.i T iv( 7)/ ( Zt'Gf2 Under this scope, we will rely on the CRA to provide copies of development proposals, to coordinate the logistics of any staff or developer meetings, including scheduling, location, advertising, and setup. Out -of- pocket, subcontractor and travel expenses with be charged at cost + 10 %. 31 Approach Swan Advisors Universally, our clients want to improve their downtowns, neighborhoods and commercial corridors — their "place." That means it is important for us to design visionary, p implementable plans and solutions that fit the local context and the community's desires. We embrace the opportunity to plan great places, and we understand the regulatory and physical environments and market and investment potential are the actual "drivers" of plans that work. To achieve success, we identify new, creative, and dynamic That means it is important for us to design visionary, ways to re- design projects, neighborhoods, and business implenentable plans and solutions that fit the cal districts into highly - desirable environments that function in :' ontext and the community's desires, their context and for the people that make them interesting. It is your "place" not ours, so our plans respect local character and capacity. THE PROCESS Our market - driven planning and redevelopment solutions recognize the interrelationship between the physical and regulatory environments and their influence on investment and market activity. Understanding market potential and investment opportunity enables the development of specific interventions to achieve desired outcomes. PHYSICAL ENVIRONMENT Public and Private Buildings /Improvements • Visual Appearance and Functional Utility • Real Estate Conditions • Parcel Utility or Obsolescence REGULATORY ENVIRONMENT Land Use and Zoning • Entitlements • Design Guidelines, Overlays PHYSICAL REGULATORY Permitting ENVIRONMENT ENVIRONMENT • MARKET ACTIVITY - Real Estate Activity Sales and Investments, Occupancy --- IIQRKET Rates and Demand DRIVEN rw Business Activity Business Types, Sales Volume, Marketing i PLANNING " REDEVELOPMENT Techniques /Investments, Customer Base SOLUTIONS Consumer Activity Market Potential, Sales Leakage, Disposable Income, Spending Habits, Psychographics / INVESTME INVESTMENT ACTIVITY ACTIV CTIVITY lr Public Realm — Streets, Sidewalks, Utilities Public Investment in Property — Acquisition, Site Control, Public Purpose Projects, Public Private Partnerships Market Analysis Swan Advisors Swan's philosophy holds that by understanding the depth and behavior of the market today and anticipating the • market in the future we can more effectively engage in planning and development activities. Because most of our work revolves around redevelopment, Swan has an expertise in residential and retail market analysis that blends traditional market research with the reality of how and why people shop and live in urban environments. This enables us to provide a better product for our clients because our information is richer and our recommendations are focused on practical solutions that shoppers and dwellers embrace. SAMPLE MARKET ANALYSIS WORK INCLUDES: Downtown Market Analysis and Improvement Plan Sebring, FL Downtown Facade Design Analysis Clearwater, FL Downtown CRA Tax Increment Analysis Clearwater, FL • Downtown Residential Site Assembly Lakeland, FL Corridor and Real Estate Evaluation and Feasibility Study West Palm Beach, FL SERVICES • Market Analysis • District Marketing Planning and Implementation • Small Business Marketing Assistance • Redevelopment Planning and Feasibility Analysis • TIF /BID Plans •• TIF Financial Modeling • Return on Investment Analysis • Business Cluster Analysis • Market Penetration • Market Development • Product Development StNs ri's philosophy holds that by understanding the depth and behavior of the market today and anticipating the market in the future we can more effectively engage in planning and development activities. 1 Corridor Planning Swan Advisors Commercial corridor redevelopment is critical to the economic �* , �1 A te, and social health of a community. Without a plan, investment „ " mot + S r ,.. and leadership, commercial corridors tend to decline as --1 y l', �" ill !!l ,�irlu' '=1. ` demographics s change. Crime, blight and disinvestment 10.0311.:;-1. '� can cause a downward spiral that can seem difficult to r 4'' � overcome. Your response needs to be thoughtful and simple • . ,,;� i ,� to implement. • ':�" r- s , ,, , ,,1 N4 . We have more than 20 years of experience planning and ` k41 • managing the redevelopment of economically challenged — d , ti ; : !� I ti r.. j commercial corridors. Our strategies have filled storefronts, r , * - . yb ;. �i} . redeveloped strategic properties, started new businesses, V a. - ' 7 .A f - y t � f . '...� • reduced blight and created vibrant organizations with the 9 1 ,, a. resources to catalyze change. Swan employs a multitude of ` s " s1 methods and techniques to address the challenges - methods �_ _ t w- • that are respectful of our clients' time and resources. We Corridor Planning Examples 1 WM8 Architects, Inc. design solutions from low -cost incremental initiatives to large -scale redevelopment projects. SAMPLE CORRIDOR WORK INCLUDES Baltimore Avenue, Philadelphia, PA - Dixieland, Lakeland, FL I • * r ` ' _, Downtown Hagerstown, Hagerstown, MD ,, «._... `' a Lancaster Avenue, Philadelphia, PA C: -, ? , ' e6. Patricia and Douglas Avenues, Dunedin, FL ,,'~ R w, r ' J , I US -98 North, Lakeland, FL f"'_'" i.:.V • -- ,, # ;;.,;: West Roxbury, Boston, MA. c'' � 1 . Corridor Planning Examples 1 WMB Architects, Inc. U I ..: y v :± t i; T Corridor Planning Examples • Housing Swan Advisors As professionals, our earliest work in urban redevelopment began with affordable housing. Our planning, residential •. market analysis, feasibility and development and program management activities in affordable housing include providing S programs and services for clients to target housing units for very low, low and moderate income and higher income levels. Mixed- income housing development and feasibility projects poLK provide the healthiest living environments and experience. They are often the focus of our clients and currently comprise one of our major programs — implementation and NEIGHBORHOOD STABILIZATION PROGRAM administration of the Polk County Neighborhood Stabilization Program serving affordable buyers and renters countywide. SAMPLE HOUSING WORK INCLUDES: Polk County Neighborhood Stabilization Program Polk County, FL Carlisle Street Housing Acquisition Revitalization Plan Rehabilitation, SC Mt. Carmel CDD Affordable Senior Multi - Family Housing Clearwater, FL SERVICES • Affordable Housing Redevelopment • Grant Administration • Neighborhood Reinvestment Programs t Property Acquisition Property Rehabilitation As professir1nai our e6riUest; cork ;1 hnn r .cevEdopr?"`,.P.rt bedan with affordable housing, l iqi Lake Mirror Tower Lakeland, FL Swan was engaged by the City of Lakeland to assist in negotiating a feasible financial and legal structure for the redevelopment of a vacant historic hotel building into market rate apartments. The restoration and rehabilitation of s• 101 •, the Regency Hotel was the first major residential project viiilii �iI P .I' in downtown Lakeland in decades. Its success was critical to • 1 11 1 1► 1 1 the overall redevelopment efforts of downtown Lakeland. - 11 s s Ili 11 This project involved the rehabilitation of a 1920's -era 1 11 s 11� 11 '1 1 i I , hotel into a 76 -unit market rate apartment building. The 1 1 ,�l 11:11 i 1I1 [II1 i UM i . building required such extensive rehabilitation, it took a 11 s i ` 1 ' R II !i • combination of Historic Tax Credits, a write down of the 4 — land costs, interest rate subsidy and Tax Increment Financing • - ` ll to make this project a reality. We were responsible for '' Lake Mirror Tower advising the City of Lakeland regarding the business points of the deal. In addition, Swan further assisted the City of Lakeland with the development planning and negotiation of the actual development agreement. m _- SERVICES PROVIDED Ilkitill • Development planning ._I__ , Financial Advisor for deal structure i. , s , Negotiation of development agreement C. I : i , d , a 0,i „.. 1 i' •• • t • f F ' ' I lil t . . I 1 J 4 rat t t a n 0• i iiii - ... ffi Lake Mirror Tower 1h19 ;:`6cjec si!C;: ss ; f? " ;i c , ti. t!, C- .':`tali r ev'eitJpn4eni 4. . c c.Avn Le:4 � :1, t i. SR 100 CRA Redevelopment Area Plan Update Palm Coast, FL The SR 100 project was a comprehensive update for L the 2,900 -acre CRA in Flagler County that includes the future Town Center development that will encompass _ . g City government offices, retail and professional space, a mix of housing stock, arts and cultural venues, and extensive public green space. The update included major refinement • of the original plan documentation to address slum and blight conditions, a variable TIF projections matrix that 1tnt." allows staff to respond to changing market conditions, LW • \ public realm and civic architecture design guidelines, and a new CIP program for the implementation of major � " transportation and public realm improvements. �- ,,,. As part of the CRA Plan Update, the WilsonMiller team led the $ ✓" 4. City in its conceptual design and programming for the major .. open space and new City Hall facility. Located in the heart of Design concepts by Urban Studio Architects, Inc. a master - planned Development of Regional Impact project, the Central Park Lake and open space system is a City owed and maintained facility that includes future building c . sites for a new City Hall. ° _ iik Ka21,5s w raw GVG !iric itekF _ a - ij Site Assembly Lakeland, FL Swan coordinated a team of agencies and professionals to acquire 180 housing units on 59 parcels in Downtown j s ' _' Lakeland. . R * ` , Or 4 The project's innovation was built upon collaboration with the r LCRA, LDDA and City of Lakeland, who raised $10 million in �'_.. - v.. - i funding and established the intemal management systems that I 2 enabled rapid execution of the plan. Swan was responsible $ , for all aspects of acquiring the properties, including contract �- negotiation and managing the relationships with the ` -� . -�?�- � °'^ = sellers and their tenants to accommodate the unique • needs and concerns of all parties during the transaction and — subsequent relocation process. Winner — Florida Redevelopment Association 2008 Roy F. Kenzie Award Working cooperatively with property sellers and residents, • for Creative Organizational Development & Funding we were able to efficiently diagnose individual challenges to sale and relocation. To help alleviate these challenges, we coordinated realtors and various agencies to provide services for and minimize the disruption to the impacted __ residents. � y r The impact of the property acquisition significantly reduced • i r J I *it evidence of crime and blight in Downtown Lakeland and prepared a six -block site for new development. FLORIDA REDEVELOPMENT ASSOCIATION THE AGENCYS INCLUDED • City of Lakeland • Keystone Challenge Fund • Lakeland Community Redevelopment Agency Lakeland Downtown Development Authority Lakeland Housing Authority Parker Street Ministries f i C41.11< caeIt , nil(; {. j i• _ l( ) lab Preservation Trust of Spartanburg Spartanburg, SC THE SWAN PERSPECTIVE OF THE PROJECT PRESERVATION TRUST AWARDS FOR CARLISLE Revitalization of Carlisle Street in the Historic Hampton STREET ACTIVITIES Heights neighborhood of Spartanburg began when the 2008 Best of the South Award from the Southeast Preservation Trust had an opportunity to acquire several Chapter of the Society of Architectural Historians for properties. During a chance meeting with Bruce Lyon of the restoration of Carlisle Street Swan at a Spartanburg Housing Authority sponsored 2008 Peggy Thompson Gignilliat Preservation Award for workshop, Kristi Webb of the Trust and Board Chairperson the Carlisle Street Initiative Linda Bilanchone presented the idea of acquiring the houses 2008 Third place, Neighborhood of the Year Award for restoration. From this meeting a Tong -term relationship (Multi - neighborhood partnerships) from NUSA (Neighborhoods, USA) for the partnership of the between the Trust and Swan developed. Preservation Trust of Spartanburg and the Hampton Heights Neighborhood Association for the restoration The Trust understood that targeted housing redevelopment of Carlisle Street is often the backbone of successful neighborhood -based 2008 South Carolina Municipal Association Award revitalization efforts. However, that is often not enough, and Finalist (in partnership with the City of Spartanburg) it can be very risky. In order to identify and mitigate the in Community Development for the restoration of financial and business risks of restoring housing on Carlisle • Carlisle Street Street, Swan worked with the Trust to craft a development 2007 Revitalization Award from the Greater Greenville strategy that was based on sound analysis and long -term Association of REALTORS for the restoration of commitment. The Trust board embraced the opportunity Carlisle Street to focus the Trust's development activities on such an important project. Twenty-six houses on Carlisle Street were in desperate need of restoration. The crime and drug traffic on the street were a blighting influence as well the revitalization strategy that the Trust and Swan developed focused on real estate as the opportunity. By acquiring houses, the Trust could evict the challenging tenants and control the area. The Board agreed and Swan provided assistance in the areas of financial analysis, business strategy, marketing strategy, and resource development. All told, the Trust has acquired or restored over half of the irl prdet IC) identify aril mitigate the financial twenty-six houses, typically selling them to low and moderate a17g business ; isk of restoring housing on income buyers. This project has become an award - winning Carlisle Street, vve oevelc ped a strategy that model of historic preservation and affordable housing. It saved `'4a'= bbsed - 'n' `ound analysis `3n 11 a - ten:II rn Carlisle Street and has contributed millions to the local nrtlll il; rit . economy. Additionally, the success of the program has resulted in fundraising opportunities for grant investments in new ornamental lighting and landscaping for Carlisle Street. Clearwater CRA Cleveland Street Facade Design Analysis Clearwater, FL Swan was engaged to participate as part of a Team for the City of Clearwater to prepare a Facade Design Analysis for Cleveland Street in Clearwater's Downtown District. The three main goals identified for the project was to: • 1. Identify opportunities for facades s c 2. Prepare illustrative concepts , rt j 3. Establish a vision for the buildings. As part of the Team, Swan was tasked with completing a market and economic analysis that would assist in bringing together the community's vision and the Team's recommen- CLEVELAND dations for Cleveland Street that would realistically achieve an aesthetically pleasing, pedestrian - friendly corridor through fagade improvements that are respectful to the area vernacular and that more importantly for the long- Tee i term, would act as an economic generator for the City through mechanisms such as private market investment. CLEARWATER {; r t Image provided City of Clearwater CONTEXT (Existing Cleveland Street) PROCESS The `New' �- Vibrant STRATEGY CLEVELAND IMPLEMENTATION STREET i lqii Callaway CRA Market Analysis Callaway, FL Swan was engaged to complete a Market Analysis that would examine the economic forces shaping supply and demand in • the City of Callaway's Community Redevelopment Area (CCRA) that includes the Callaway business district/corridor on Tyndall Parkway and SR22. The primary objectives for Swan's economic analysis included providing WilsonMiller and the City leadership with a clear picture of the economic potential for the area that would be used to inform regulatory recommendations for the area. Our approach to economic analysis and marketing planning focused on the customer, with the understanding that build- ings, businesses, regulations and other externalities are important components to examine and understand. Ultimately however, only customers can make a downtown or business district great. We used an analytical approach that examined the redevelopment area and then integrated the findings of this examination across disciplines. All of which led to the identi- fication of areas of opportunity and realistic and implemtable recommendations for the CCRA to pursue in the upgrading and revitalization of the area. Ear II II 111 : I ; r '° AZINPII ' ,__ 11 Kerry St i i ll i Il mei � � ] R ' I' -1i_ i_ a Hm, 1. ;kIII Il sm T .....inikoksi 1 , _... atti sinessJiighway '8 ,■.IIIIIII■_IIMMI qk Bruce Lyon, MBA AREAS OF PROFESSIONAL EXPERIENCE Swan Advisors Affordable Housing Mr. Lyon is a 18 -year veteran in urban Business /Strategic Planning redevelopment, particularly neighborhood and Commercial Development economic development and affordable housing Community Redevelopment Agency (CRA) Plans projects. As the president of Swan Advisors since . Development Consulting 2002, he provides community development, real Feasibility Analysis estate development and planning services for . Financial Analysis public, nonprofit and private sector clients with a Neighborhood Planning primary focus on low and moderate - income Organizational Development neighborhoods, downtowns and urban business : Property Acquisition districts. With a dedication to working in Tax increment Finance underserved markets, Mr. Lyon relies on market data, community input and analysis of the physical SELECT PROJECTS and regulatory environments and market and Polk County Neighborhood Stabilization Program investment activity to craft creative solutions to Polk County challenging issues. • Callaway Facade Improvement Grant Program Callaway, FL PREVIOUS EXPERIENCE , Carlisle Street Revitalization Mr. Lyon's initial experience in community Spartanburg, SC redevelopment began in the Kensington Lake Wire Master Plan neighborhood of Philadelphia during Graduate City of Lakeland School and continued in Philadelphia at the Local , Patricia and Douglas Avenues Corridor Plans Initiatives Support Corporation (LISC). Mr. Lyon Dunedin, City of Dunedin worked with over 15 Community Development Corporations (CDC) engaged in affordable housing SELECT RECOGNITION and economic development planning and projects. 2008 FRA Award SEGRI Plan, Gainesville Mr. Lyon typically provided services in the form of =2008 FRA Award Property Acquisition, Lakeland project consulting, financial feasibility, financial - 2006 FRA Award Cleveland Street Facade Plan, packaging and loan underwriting. Duties included Clearwater working closely with CDCs and their constituents in 2003 Heart of Florida Section APA award Garden the lowest income areas of Philadelphia developing District Plan, Lakeland project business plans securing project financing, -Wall Street Journal August 29, 1996, Front Page negotiating commercial leases, developing article revitalization plans and other similar redevelopment related activities. Also with LISC, PROFESSIONAL INVOLVEMENT Mr. Lyon served as Manager of the Commercial Florida Redevelopment Association Development Unit, which was an internal Regional Representative, 2008 - Present consulting group that provided technical -Lakeland Vision, 2007 - Present redevelopment planning and project services to the Executive Committee, Treasurer, Chairman 37 LISC field offices nationally. Typical activities Local Initiatives Support Corp. — Tampa Bay included review and analysis of commercial and Executive Committee, Steering Committee, affordable housing project plans, financial Loan Committee Chairman, 2004 — 2007 feasibility, organizational planning and similar tasks Lakeland Housing Authority, 2011 - Present related to urban redevelopment. The opportunity Chairman allowed Mr. Lyon to gain experience in unique environments including Spokane, Minneapolis /St. EDUCATION Paul, Duluth, Houston, Boston, West Palm Beach University of Memphis — BBA and Phoenix. Finance and Real Estate, magna cum laude The College of William and Mary in Virginia — MBA I Stefanie von Paleske -Bush, AICP Swan Advisors Ms. von Paleske -Bush is a Senior Planner with over 15 years of planning and project coordinator AREAS OF PROFESSIONAL EXPERIENCE experience. Stefanie provides public sector services •Comprehensive Planning including preparation of Comprehensive Plan •Downtown Redevelopment Amendments, annexations, land -use and zoning •Zoning and Regulatory Planning changes, impact assessment statements, and • mpact Assessments planned unit development applications. As part of *Permitting Issues Swan Advisors her concentration is providing long •Comprehensive Plan Amendments range planning assistance and redevelopment •Land Use Studies services to low- and moderate - income •General Planning Services neighborhoods. *Neighborhood Planning •Organizational Development PREVIOUS EXPERIENCE *Property Acquisition Ms. von Paleske -Bush began her career as a *Public Involvement Development of Regional Impact (DRI) Coordinator *Tax increment Finance for Polk County, responsible for staff reports, plat reviews, concurrency review and pre - construction SELECT PROJECTS plan reviews. =Polk County Neighborhood Stabilization Program Stefanie continued her career as a planner for the Polk County Department of Community Affairs (DCA) in the , Callaway Facade Improvement Grant Program Green Swamp Area of Critical Concern Field Office, Callaway, FL responsible for tracking all building permits issued in Polk and Lake Counties; assisting planning staff PROFESSIONAL INVOLVEMENT in the administration of the Area of Critical State American Institute of Certified Planners (AICP) Concern rules and regulations and assisting July 1995 property owners in the placement of their homes *Main Street Winter Haven Design Committee outside flood prone area. Most recently Stefanie Member 2003 -2007 has been involved with development and cellular American Planning Association tower projects including land use and zoning due Heart of Florida Section diligence, comprehensive plan amendments, Secretary, 2003 impact assessments and site analysis. Chair, 1998 Vice - Chair, 1996 -1997 Treasurer, 1994 -1995 Polk County Affordable Housing Advisory Committee 1993 EDUCATION American College in Paris- BA International Affairs, Economics University of Florida — MAURP Urban and Regional Planning, Growth Management University of South Florida — MLIS Library and Information Science Re: Proposal Page 1 of 3 Harris, Susan From: Bruce Lyon [blyon @swanadvisors.com] Sent: Wednesday, May 09, 2012 4:20 PM To: Brooks, Vivian Cc: Harris, Susan Subject: RE: Proposal Attachments: Service Proposal to Boynton Beach CRA - Vivian Brooks 5- 8- 12.pdf Vivian, I have attached our services proposal for your review. Please let me know if you have any questions. Also, I will be sending by separate email a number of information sheets about Swan and some of our previous work. Thank you considering us for this scope of work. Sincerely, Bruce Lyon Bruce Lyon P.O. Box 2097 Lakeland, FL 33806 -2097 863.616.1615 www.swanadvisors.com www.polkhousing.com From: Brooks, Vivian [mailto:BrooksVi @bbfl.us] Sent: Wednesday, May 09, 2012 12:20 PM To: Bruce Lyon Cc: Harris, Susan Subject: Re: Proposal Bruce at this point I want the proposal to be more generic; "Review of Redevelopment Proposal for Old High School ". You will be working on review of the selected proposal which is a multi - purpose privately owned bulding. The City will be giving the bldg and land to the developer if all works out. Task 2 is not optional. We need to know who we are dealing with so take out the word optional. Numbers look good. Plesae copy HarrisSU(a)bbfl.us on the fmal proposal. Thanks Original Message 5/10/2012_ Re: Proposal Page 2 of 3 From: Bruce Lyon <blyon(aswanadvisors.com> To: Brooks, Vivian Sent: Tue May 08 16:51:13 2012 Subject: RE: Proposal Vivian, See updated draft. I will print this on letterhead, scan and email it to you tomorrow. I do not have your colleagues email address, so please forward it along. It was not included in your original email. Hope all is well, Bruce Bruce Lyon P.O. Box 2097 Lakeland, FL 33806 -2097 863.616.1615 www.swanadvisors.com www.polkhousing.com From: Brooks, Vivian [mailto:BrooksVi(a!bbfl.us] Sent: Friday, May 04, 2012 9:51 AM To: Bruce Lyon Subject: Proposal Hi Bruce, I have something that I think is right up your alley. When you get a moment can you call me, 561- 735 -1033? I will be in a meeting from 11:30 — 2:00. Thanks. Re: Proposal Page 3 of 3 Vivian L. Brooks Executive Director Boynton Beach CRA 710 N. 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Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Boynton Beach Community Farmers Market VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting April 10, 2012 B. Approval of Period Ended April 30, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Extension of Time for Interior Build -Out Grant to the Law Offices of Angelo A. Gasparri, LLC E. Approval of Extension of Time for Interior Build -Out Grant to GPS PEO, Inc. F. Approval of Extension of Time for Interior Build -Out Grant to Splashdown Divers, Inc. G. Approval of Extension of Time for Commercial Facade Grant to Splashdown Divers, Inc. IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Events Recap - April 2012 C. Rustic Retreat Commercial Facade Project Completion D. Quarterly Update — Media Coverage XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project XIII. New Business: A. Discussion of Potential Dates for CRA Budget Workshops 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. BOYNTON imiBEACH CRA BOARD MEETING OF: May 15, 2012 I Consent Agenda 1 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Boynton Beach Community Farmers Market SUMMARY: On Saturday, June 2, 2012, the Boynton Beach CRA and Community Farmers Markets of South Fl. present the grand opening and Ribbon Cutting Ceremony of the Boynton Beach Community Farmers Market. • The ribbon cutting ceremony will be at 9:00 a.m. • The market will operate Saturdays from 9 a.m. to 2 p.m. on the SE corner of Boynton Beach Blvd. and Federal Hwy. • CRA will provide the site, generator and one port-o -let each week. • The market will open with approximately 20 specialty vendors • Ample FREE parking at the First Financial Bldg. FISCAL IMPACT: $2,500.00 — specifically for a generator and port-o -lets. June thru September 2012 (18 events) CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS : Ctc Kathy Biscui Special Events Director MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, APRIL 10, 2012, AT 6:30 PM, IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director William Orlove, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Steve Holzman Mark Karageorge Mack McCray ABSENT: Marlene Ross I. Call to Order The meeting was called to order at 6:31 p.m. 11. Invocation and Pledge to the Flag Chair Hay gave the invocation. Mr. Holzman led the Pledge of Allegiance to the Flag. III. Roll Call Roll call was taken. A quorum was present. Chair Hay announced Ms. Ross may be late to the meeting. IV. Legal None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Vice Chair Orlove pulled Item X. G — Passenger Rail. Ms. Brooks requested moving Item XII. A up on the agenda due to a presenter having a son with a medical condition. There was agreement to hear the item after Public Comment. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda as amended. Mr. McCray seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Vice Chair Orlove disclosed he had spoken with Attorney Michael Weiner regarding the Boynton Waterways Investment Associates, LLC (Promenade) DIFA Payment, Item XII. A, in the past. Mr. McCray disclosed a meeting attendee stopped by his office and introduced himself, but there was no conflict of interest. B. Informational Announcements Mr. Karageorge announced he attended the Chamber Mixer at Cuthills. He also announced the Vice Chair of the Code Compliance Board, who has served the City a long time, was undergoing major surgery and requested the members keep him in prayer. He announced the Chamber would be holding its Luncheon at Benvenuto Restaurant on April 11, 2012, with County Commission Chair, Shelley Vana as the featured speaker. It was also Chamber Leadership Graduation Day and the members were invited to support the event. He wished a Happy 3rd Birthday to Caitlin Gordon. Mr. McCray announced he attended the Sunday Funday event with his grandchildren They had a great time and he complimented staff on a job well done. Chair Hay also attended the Sunday Funday and agreed it was a great event. He acknowledged the Chamber of Commerce Luncheon with County Commission Chair Vana and advised there was a League of Cities function that day also. VII. Announcements & Awards: A. Downtown Open Market — Sunday, April 15, 2012 Kathy Biscuit', Special Events Director, announced this event would be the last event of the season. It would be held inside and outside the Civic Center, and the Gourmet Food Trucks would be onsite. The vendors are unique vendors. There would be Indie crafts, vintage goods and handmade items available. The Cricklewood Band would be performing at the amphitheater, and the event would be held from 11 a.m. to 4 p.m. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 B. Ocean Avenue Concert — Friday, April 20, 2012 This event would be held from 6 — 9 p.m. at the amphitheater. Attendees should bring chairs and blankets. Food trucks would be on site. The Rip Tide Band would be performing classic rock and blues. C. Movies on the Ave. — Friday, May 4, 2012 The movie Hugo would be the last movie of the season. Ms. Biscuiti explained since daylight savings time, the start time of the movie was changed to 8 p.m. and the movie would end about 10 p.m. Attendees should bring blankets and chairs and the food trucks would be on site. D. Sunday Funday — Sunday, May 6, 2012 This event would be the last Sunday Funday of the season. It would be held at the Marina from 1- 4 p.m. Rich Brochu, of the Florida Fishing Academy, would hold a fishing clinic. A Coast Guard Auxiliary boat would be present and inflatable activities for the kids would be on site. A craft table was also available. E. Ocean Avenue Concert — May 18, 2012 This event would be the last concert of the season and would feature the Clinton Powell and the CP +3 Band, who performed at the Heritage Day event. The band was a rhythm and blues band, and they would play from 6 p.m. to 9 p.m. Chair Hay thanked Ms. Biscuiti on a marvelous job. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting March 13, 2012 B. Approval of Period Ended March 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Commercial Facade Grant to High Ridge Properties, LLC E. Approval of Interior Build -Out Grant to Discovery Business Services, Inc. F. Approval of Business Signage Grant to Discovery Business Services, Inc. IX. Pulled Consent Agenda Items: None. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 X. Information Only: A. Public Comment Log There were no comments on this item. B. Letter to Harvey E. Oyer, III of Shutts & Bowen, LLP dated March 19, 2012 There were no comments on this item. C. Events Recap - March 2012 There were no comments on this item. D. Status of Grant Reimbursements to Splashdown Divers, Inc. There were no comments on this item. E. Cushman & Wakefield Economic Overview, Palm Beach Mr. Karageorge noted there was a CB Richard Ellis (CBRE) analysis included with this item, and he commented both items provided a good analysis of the market. He thanked staff for including it, as it contained a lot of information. F. 2011 Annual Report Mr. Karageorge thanked Margee Walsh, Marketing Director, and the staff for compiling an excellent, informative, and cost - effective Annual Report. G. Passenger Rail Vice Chair Orlove noted an article he read which indicated this train would be an express train hitting major areas in the Tri- County area, and then going north to Jacksonville. With the exception of West Palm Beach, it did not sound like there were local stops. Ms. Brooks explained the Florida East Coast (FEC) Railway would travel through the downtown areas. The Tri -Rail would be the express train. In meetings staff had with the Florida Department of Transportation, they were planning stops in every major downtown. Ms. Brooks noted in addition to the FEC stopping in the major downtowns, they would also stop in Old Historic Downtowns. A stop was planned between Boynton Beach Boulevard and Ocean Avenue. She was unsure whether the Boynton Downtown area would be a first -tier stop, as she thought the major municipalities would be serviced first, but there would be a stop. She noted this could occur in 2014, contingent on funding. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened the Public Comments. There being none, Public Comments was closed. XIII. New Business: (Heard out of Order) A. Consideration of Boynton Beach Community Farmer's Market Ms. Biscuiti explained staff was seeking to have a Farmer's Market on a continuing basis each Saturday from 9 a.m. to 2 p.m. at Boynton Beach Boulevard and Federal Highway. Several times in the past, the Board had expressed an interest in pursuing the endeavor, but these individuals contacted staff on their own, and two of the three were in attendance to make a presentation. They have markets in Tamarac, Plantation, and Margate featuring artisan vendors. There would be only one vendor for each item which avoided duplication of products. Staff was very impressed with the type of market they operate and was requesting an area for them to hold the market. Staff would purchase a generator for them, which was good to have for events anyway, and staff and the operator would each supply one handicapped port-o -let from May through September, which would cost about $2,500. Ms. Biscuiti confirmed she had the funds to cover the expense. In September, staff could re- evaluate the activity, and if warranted, include it in the Budget in October. A PowerPoint presentation was viewed reflecting a site map, some of the vendors, and photos taken from their other markets. Jerry Kugel, 9587 Caserta Street, Lake Worth, was present with business partner Jonathan Grodsky, from Davie, Florida. Mr. Kugel explained of the 23 vendors on his vendor wait list, about ten were local vendors; local being defined as residing in Palm Beach County or near Boynton Beach. He explained vendors from Port St. Lucie and Homestead, were interested in the market as word was spreading of its success. Discussion followed about the list of proposed vendors, some of which were already operating in their other markets. This group would limit the vendors to 30 to 35 per market. Mr. Kugel was interested in operating a market in Boynton Beach because he lives in Lake Worth. He participated as a vendor in the Farmer's Market the CRA staff held a few years ago and was disappointed it was unsuccessful. Mr. Kugel had been a vendor in various farmers market since 2007 and the group started their first market in Plantation last year. Since then, they wanted to bring the concept to Boynton. The group would manage the markets and be a participating vendor. They examine the markets from the vendor's perspective, select the proper mix of vendors, venues and advertising, and have been successful. Their first market started with six vendors and about 50 shoppers and grew to about 35 vendors with a waiting list and 1,000 shoppers. The markets have greatly assisted the 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 towns and draws shoppers to the area. Mr. Kugel expressed this was a prime location and they could present a great market. Mr. Kugel explained it took only a few months time to expand the market, as word spread fast. The town was also very helpful; he emailed the employees and they helped spread the word. Mr. Kugel handles the advertising through social media and would use a list of entities staff advertises with and the calendars available to them. They used the Sun - Sentinel, the Gazette and Forum newspapers in Broward County, which are the home delivery papers. They also have their own website and Facebook page Mr. Kugel explained most local farmer's market end by mid -May and there was further discussion the market would commence after the season ended and in the hottest months of the summer; however, Mr. Kugel pointed out this could work to the Community Redevelopment Agency's benefit as it would provide a surplus of potential customers and vendors. He was also not adverse to using Boynton Beach vendors. Ms. Biscuiti explained once advertising begins, staff would receive a lot of calls from local individuals wanting to participate and would want input from vendors who make their own products. The market prohibited selling retail products and would only offer fresh produce and artisans with handcrafted products, the majority of which were food related. He explained they do not duplicate products. Staff had anticipated using the property on Seacrest on the west side of the Old High School; however, Mr. Kugel opted to use a lot on Federal Highway which was situated on the roadway and had better visibility. There was discussion of offering discounted rates to vendors from the Community Redevelopment Agency district; however, staff had done so in the past and problems arose. Motion Mr. McCray moved to approve this with the Community Redevelopment Agency working with the operators to bring the concept together. Mr. Holzman seconded the motion. Vice Chair Orlove suggested, if funds were available, that staff assist with advertising in publications the operators do not use, to increase outreach. He noted the market was opening at the end of the season and the more efforts to help it succeed, the better. Ms. Brooks agreed to work with Susan Harris, Finance Director, in this regard. The operators would be on site each day from start to finish. They were also responsible for insurance and would name the CRA and City as additional insured. Vote The motion unanimously passed. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XII. Old Business: A. Discussion of Boynton Waterways Investment Associates, LLC (Promenade) DIFA Payment Ms. Brooks explained this item was heard last month. The recipient provided the requested information and recommended approval of the request. Motion Mr. Holzman moved to approve the DIFA payment in the amount of $409,237. Vice Chair Orlove seconded the motion. Mr. Karageorge had a concern rent was collected from a tenant, but the tenant was not in operation during that time. Sam Weyland, Palm Beach Gardens resident, representing Boynton Waterways Investment Associates, responded Mr. Karageorge was correct. There was a time the merchant was not in operation, but it was at their choice due to a family issue. The merchant was now open and had met all the requirements of their lease by paying rent throughout that time period in question. The tenant was now in operation approximately three weeks. Attorney Cherof, when asked, explained it was determined the landlord met the terms of the definition. Mr. Buchanan proposed the Board review the good faith aspects of any contract and examine it closely next year. Chair Hay agreed, but noted for anyone to be successful at the location, it would come down to parking, and parking was an issue. The current lease was a five -year lease which commenced in June 2011 with two renewal options. Mr. Weyland expressed the developer was actively pursuing tenants for the other retail space. Vote The motion unanimously passed. B. Update on Sponsorships for Kinetic Art Symposium Debby Coles - Dobay, Public Art Administrator, provided a short video on Kinetic Art which the members viewed. Mr. Karageorge inquired if Puradyn Hydraulics had been approached as a potential sponsor as there may be a symbiotic relationship there. Ms. Coles -Dobay agreed to follow -up. Vice Chair Orlove thought it was good to have in -kind and cash donations. He inquired if anything was occurring with Wind Capital Group or FPL. Ms. Coles -Dobay responded she had a recent conversation with FPL and was advised it may take a few years for 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 funding to come through. Another component she was working on was the educational portion with the South Florida Science Museum, who had dedicated funds for the project. Although the Museum was not within the City, those types of connections were occurring throughout South Florida and elsewhere. The Wind Capital Group was interested in assisting, but she did not have a formal commitment. Word was anticipated within the next few weeks. The County Cultural Council was a sponsor and was also providing in -kind services. As to museums, the Boca Museum was interested in having satellite exhibits showing the work from the artists exhibiting in Boynton Beach or extending the exhibit. Mr. Holzman inquired if the funds raised, to -date, were sufficient to cover expenses from now until the end of the event, and as to the in -kind contributions, if she felt secure the event could be held without having to approach the City or Community Redevelopment Agency for funds. Ms. Coles -Dobay responded she felt the funds acquired were sufficient to hold the event as planned. The educational portion of the event could occur, but it was not a vital component needed to hold the exhibit and symposium. She emphasized the in -kind donations were as important as cash because it was a barter arrangement. C. Consideration of Extension of Time to Splashdown Divers, Inc. to complete its Interior Build -Out and Commercial Facade Projects. Ms. Brooks explained a communication was received from Ms. Simmons requesting an extension. Ms. Simmons had 90 days to complete the interior build -out, which would have ended on April 9th. The Commercial Facade was granted on January 10th giving her 120 days to complete the project, by May 9th. She noted there was a history of extensions and the agenda item detailed the variances from the grants she received. Lynn Simmons, Proprietor of Splashdown Divers, 640 E. Ocean Avenue, Unit 14, requested the extension due to a lack of funds. Attorney Cherof suggested the Board review this item periodically, and consider an extension to be reviewed at the May 8th meeting. Vice Chair Orlove inquired about the executed contract and W9 form. Ms. Brooks explained the Agency would pay the contractor directly and had just received the contract from the contractor yesterday. Now that it was obtained, Ms. Simmons could go forward with the work. This was one of the waivers granted to Ms. Simmons as other recipients had to lay out the funds up front and the Agency reimbursed them. This accommodation was made in January. The extension was needed because the work had not been done. Ms. Simmons explained she was waiting for an architectural drawing and the architect required a $500 payment upfront. Ms. Simmons explained she did not have the money 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 and the contractor could not proceed because the City would not issue any permits until the architectural drawings were received. Motion Mr. Holzman moved to extend the contract to complete the necessary items under the grant until May 8, 2012. Vice Chair Orlove seconded the motion for discussion. Vice Chair Orlove explained to Ms. Simmons the Board was assisting her in a way that they do not normally do. He inquired what would be an appropriate extension. Ms. Simmons hoped the build -out would be completed in three months and commented it could not be done within 30 days. Mr. Karageorge expressed frustration and explained Ms. Simmons was aware architectural drawings were needed in January as part of the application process and staff was upfront with her. Ms. Simmons took responsibility and explained she was not aware of the time restrictions. She assumed the waivers covered her needs but she was incorrect. After brief discussion, there was agreement 30 days was an appropriate amount of time to revisit the issue and see what progress was made. Vote The motion unanimously passed. D. Update on Request to Palm Beach County for Amendment to Waterfront Easement Ms. Brooks explained staff was going to appear before the County Commission on May 1st. She invited the Board members to attend and would advise the Board where the item was on the agenda when she received it. Some of the dive boat captains would be present to support the redevelopment plan at the Marina. Staff met with some of the County Commissioners to explain what was occurring and how it fit a Marina public purpose. Additionally, if any of the Board members were so inclined, they could contact the County Commission and let them know what the City wanted for its future. Vice Chair Orlove agreed to attend and announced he was scheduled to meet with Commissioner Aaronson next week. He planned to discuss the issue with him at that time. B. Consideration of Merchant Card Processing Services RFP Susan Harris, Finance Director, explained the Community Redevelopment Agency accepts credit cards at the Marina location and has used the same vendor for the past five years. During that time, the rates have gradually crept up. Last year, she renegotiated the rates with that vendor, as well as American Express, and the rates 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 were reduced. She believed the Community Redevelopment Agency could do better if they issued an RFP. The Legal Department reviewed the item and those changes were incorporated into the document. She requested permission to move forward with the item. The plan was to receive the proposals, evaluate them, and come back to the Board in June for the Board's selection of the vendor, Motion Mr. Holzman moved to approve. Mr. McCray seconded the motion that unanimously passed. C. Consideration of Donating Funds to Support Community March — "Bury the Violence" Ms. Brooks explained she met with Mr. Ray Whitely and Mr. David Wiggins. After the meeting at the Carolyn Sims Center, she offered in -kind assistance for the Community March via Facebook, social media and flyers for the event; however, they were asking for actual funding. She pointed out the date was incorrect, as it had changed a few times. The correct date was April 28th, at 9 a.m. at City Hall. Chair Hay prefaced the item with the two senseless murders within the City. He expressed the community needs to come together and show a strong front. This would not be a small event. It would be one reflecting unity in the City. Sharissa Pierson, a resident of Boynton Beach, gave an overview of Boynton United. The mission was to unite all races and creeds to help end violence in the community, and show their children they will protect, love and embrace them and their future. The purpose was to have all nations within the community to help end the violence. The vision was to have a 2012 "Bury the Violence Walk" on the aforementioned date, ending at the Ezell Hester Center. She commented they were taxpayers deserving of protection. Rae Whitely, 7353 Palmdale Drive, Boynton Beach, shared the vision and explained they were willing to partner with residents, businesses, and clergy in Boynton Beach to ensure the Community March was successful. He commented there was a cloud of violence over the City and the perception of the City was not the perception they knew the City to be. He requested the Agency assist them with the Public Address (PA) system. The estimate for the system from a vendor was $4,782.90. He inquired if there was a vendor the CRA could recommend that would provide them with a better price, and they would approach them. The PA system would include the stage, sound system, and microphones. Discussion followed the main concern was the expenses for the stage, PA system and microphones. Mr. Whitely explained different congregations were contributing, but they needed help with certain items. It was pointed out the Community Redevelopment 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 Agency had the amphitheater, which could be used. Mr. Holzman thought staff could probably obtain a microphone and amplifier for a much lower price. Lengthy discussion ensued staff had offered in -kind assistance. The amphitheater has the ability to plug into a sound system and it may be better if the walk started from the Hester Center to the amphitheater instead of the reverse. The Community Redevelopment Agency also may be able to supply water, but could not support the entire event under the applicable laws. Attomey Cherof had explained an Attomey General opinion indicated that CRA funds were more appropriate for brick and mortar activities as opposed to promotional ones. In his opinion, a nexus for the expenditure of funds for this activity did not exist. He clarified the expenditure of staff time was a different category, and expenditures for dedicated law enforcement in the district also fell under a different provision in the Statute. The amphitheater was available at that date and time, however; a fee for outside groups to use it had not been established. Lori LaVerriere, Interim City Manager, agreed the fees could probably be waived. The organization was not a non - profit agency, but was working through Pathways for Prosperity. It was again suggested the March start at the Hester Center and end at the amphitheater. Mr. Whitely explained flyers were already distributed detailing the starting location. Additionally, the Hester Center was not in the Community Redevelopment Agency District, so the expenditure of funds at that location could not be authorized. The organization collected close to half of the needed funds. Mr. McCray inquired if it would be helpful if the City brought its stage to the Hester Center. Mr. Whitely responded it would. Accordingly, it was suggested he bring the request to the City Commission. Lance Chaney, 4312 Palmello Boulevard, explained for the last 10 years, they were attempting to unify the community. He understood money was needed to deal with slum and blight, but commented the issue was more than that. It was the mentality of the people that could perpetuate slum and blight. Until they had a sense of pride and respect for the community, constructing new buildings would not change anything. The event was to pull the community and the City together. He requested considering funding some of the other needed items, such as t -shirts and thought using the amphitheater to kick off the March would be great. He was in touch with Pastor Mullins of Christ Fellowship who embraced the event and it was possible they would send a significant number of people. Many rabbis were also excited about the event. Mr. Whitely explained although Boynton has a low crime rate, they do not want it to escalate or be passed over because people would be scared of the violence. Reverend Chaney disagreed that the March was not an event that contributed to the development of the area. He also expressed they will begin to establish leadership institutes and teen summits to address the attitudes of middle school students all the way through to high school. Attorney Cherof explained Statute 163.387 specifically 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 addressed expenditures of Community Redevelopment Agency Trust Funds. It lists a limited number of categories of expenditures very specifically, and there was no room for any interpretation. Vice Chair Orlove explained he works for an organization that held a large event in West Palm Beach that started in a congested area at City Place and ended in an open space at the amphitheater. He suggested reconsidering beginning at the amphitheater and ending at the Hester Center. He thought using the gymnasium indoors, in view of the time of day and the heat, may be beneficial. He summarized the Board was trying to be helpful and make an exception and assist the organization, Ms. Brooks explained staff could issue press releases and flyers to distribute. Reverend Chaney noted the Board suggestions and would take everything into consideration. Motion Vice Chair Orlove moved the CRA staff work with Boynton United to provide the amphitheater, PA for that location, and in -kind marketing to assist with this event on April 28th. Mr. Holzman seconded the motion. Ms. Biscuiti pointed out the amphitheater has lighting, but not a PA system. Vice Orlove amended his motion to remove the PA part of it. Mr. Holzman agreed to the amendment It was noted the motion did not specify where the Community March started or ended, only to indicate the Board would provide the location. It was stated as a recommendation, but the Board was approving the use of the amphitheater, and assistance with public relations and marketing. Vote The motion unanimously passed. XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments received on this item. XV. Future Agenda Items: A. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) 1 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XVI. Adjournment The Board recited the City's Branding Promise and Chair Hay adjourned the meeting at 8:13 p.m. Catherine Cherry Recording Secretary 041212 13 BOYNTON =BEACH RA CRA BOARD MEETING OF: May 15, 2012 X Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending April 30, 2012. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve April financials. 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F 0 C .Za 7 O F 0 0, E BOYNTON cA =BEACH CRA BOARD MEETING OF: May 15, 2012 X I Consent Agenda I I Old Business New Business I I Public Hearing I Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for April 2012. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. Susan Harris, Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings\May 2012 \Purchases Less Than $25,000.doc Boynton Beach CRA Purchase Order Report Month: April 2012 _ Vendor Amount Funding Source Description Discovery Business Services Inc. $ 15,000 Project Fund 02- 58400 -444 Commercial Interior Build -Out Discovery Business Services Inc. $ 1,500 Project Fund 02- 58400 -444 Commercial Signage Grant High Ridge Properties $ 15,000 Project Fund 02- 58400 -440 Commercial Facade Grant T: \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \May 2012 \Monthly Purchase Order Report - Apr 2012 BOYNTON cA =BEACH CRA BOARD MEETING OF: May 15, 2012 I X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of extension of time to complete interior build -out project for grant recipient The Law Offices of Angelo A. Gasparri, PA d/b /a Debt Relief Law Center of Palm Beach County ( "Debt Relief Law Center of PBC "). SUMMARY: The Debt Relief Law Center of PBC applied for an Interior Build -Out Grant for property located at 1080 South Federal Highway, Boynton Beach, FL (a copy of the grant application is attached). The CRA Board approved the grant on February 14, 2012 (a copy of the minutes are attached). Under the terms of the grant, the applicant has 90 days, from the award of the grant, to complete the project and submit for reimbursement. May 14 is 90 days from the award of the grant. Applicant is requesting a 90 day extension in order to complete the project. Attached is Debt Relief Law Center of PBC's request for an extension of time along with a copy of the permit. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan REC MMENDA IONS: Approve extension of time. /,.�J /i� , ..,iMM 1,. T eresa Utterback Administrative Services Manager Y oYNTON; immeiBEAC H 2011 /2012 77-7 ,L.,/2411 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 busincsses 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 v ith 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 Pa I of 9 710 North Federal Highway Boynton Beach. FL 33435 Phone 561- 737 -325e Fax 561- 737 -3258 gv. v..bOyntonheaeh_r4_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 anchor improvements. initials Page 2 of 9 710 North Fcderal Highv,ay Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ww,boyntgn bmchcra.com • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. 1 he CRA reserves the right to approve or deny any Commercial Interior Build -Out Program application and to discontinue payments at any time if m its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. IV. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Completed and signed application. 2. 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 * o. 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). N/A 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 cf 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 color '`before' photos of the project. * Items filed previously with application for Commercial Rent Subsidy Program November 2011 initial. . Page 3 of 9 710 hrnth Federal Highwa, Bcyntryn .Beach. Fl. i3435 Phone 561 -73 -3256 Fax 561 737 -3158 Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the Applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Initial Expense Reimbursement - This program is designed as a quarterly reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide quarterly reimbursements to the grantee upon submittal of a complete Reimbursement Request package. The total monies expended by the grant applicant (up to a . -,asimum of $15,000) will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within ninety (90) days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Applicants may apply for time extensions. Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked 'paid" with a "release of Lien" signed by each. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there arc 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 710 Korth Federal Highway Boynton Beach. FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3255 www,hoyntoateochero eom (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -61 for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Quarterly Reimbursement Requests - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the three consecutive quarters following the Initial Reimbursement Request. This is to verify that the required job positions are properly fulfilled and maintained. 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 1099 -MISC eligible employees copies of all cancelled salary. checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for appro ed 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 approk al 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 n 1 als !r Page 5 of 9 ` 710 North Federal Fliehway Boynton Beach. FL 33135 Phone 561- 737 -3256 Fax 561 - -3258 w H no vnKmh.ra:.hcrt mg >L� BOYNTON cA =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: The Law Offices of Angelo A. Gasparri PA Applicant Mailing Address: 1080 S. Federal Highway, Boynton Beach FI 33435 Business Name (D /B /A if applicable): Debt Relief Law Center of Palm Beach County Current Business 269 NW 64TH STREET Address: BOCA RATON, FL 33487 US Phone: 561 -826 -8986 Fax: Email: angelo @drIclaw.com Fed ID# 26- 4456086 Time at Current Location: 2 mos Monthly Rent: $1250 +tax Do you have an executed lease agreement: Yes X No - Landlord Name: BI Inc. Landlord SSN /EIN: 59 1939242 Landlords Mailing Address: 435 S. Country Club Blvd, Boca Raton Florida 33487 New Business Address (if applicable ): 1080 S. Federal Highway, Boynton Beach FI 33435 New Business to Boynton Beach: Yes X No Existing Business: Yes No X Number of years in existence 1.6 Square footage of existing location: 1030 Square footage of new location: 1632 lnitia]s _ Page6of9 710 North Federal Highway Boynton Beach FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 w� gic :ntonheach,n,com Type of Business: Law Office Number of Employees: 4 Hours of Operation: gam - 5pm M -F; Are you applying for grant assistance under any other program offered by the CRA: YesX No If yes. what additional programs are you applying for: Commercial Rent Subsidy Program, Commercial Facade Improvement Grant Program Are you receiving grant assistance from any other governmental agencies: Yes No X ___ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is 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. 1 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 C`RA mission. 1 hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redo elopment Agency. its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank. employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Page 7 of 9 710 North Federal Highway Boynton Bcach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 y ho yiiiala'dcjhn , om SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applican Ito READ AND UNDERSTAND all aspects of the Grant Pro. a yApplication and Guidelines. - r 7 Applica , enant's Signature / - Date Ange�. Gasparri President Printed Name Title Applicant /Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF i � , I I'1 1 i ( 1 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared i ' ' 6' . L �� c� r_ ,t , , who is personally known to me or produced i\- 1',3 L. as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING. 1 have set my hand and official seal in the State and County aforesaid on this (9 Ui day of ji 3 / �- 20/ d ° m • SUSAN M. ENGLE , A, Notary Public, State of Florida / Commission# EE 122589 My comm, expires Aug. 16. 2015 — NOTARY PUBLIC My Commission Expires: �/ l — Z// Page 8 of 710 North Federal Highv a; Boynton Bcach,FL 33435 Phone 561- 737.3256 Fax 561 -737 -3258 w w•H .tgyntimGcachcra cjm 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 1 }1 <7 - • 1 u� f/ /j Property Own 's Signatur: Date Angelo S. Ga parri President Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF to ' aJ COUNTY OF BEFORE ME. an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared / €_1 . S, _ _ n S _ f)n r r! _ — who is personally known to me or produced / as identification, and acknowledged he'she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN NkrITNESS OF THE FOREGOING. 1 have set my hand and official seal in the State and County aforesaid on this / 9 /►1 day of To uc{a r 201 /4 NOTARY PUBLIC My Commission Expires: I I/a 7 /2o Page 9 of 9 7W North Federal I iighway • Boynton Beach. FI. 33435 Phone 561- 737 -3 1'56 Fax 561- 737 -3255 wcc. bovninnh act), 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. CaII to Order Chair Hay called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Chair Hay gave the invocation and Vice Chair Orlove led the Pledge of Allegiance to the Flag. II. Roll CaII 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. A Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 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. DEBT RELIEF LAW FLORIDA DebtReliefLawFlor , da.com April 26 2012 To: Theresa Utterback Administrative Services Manager Boynton Beach CRA Via email at utterbackt @bbfl.us Subject: Interior Build Out Subsidy Request for Extension Ms. Utterback: At this time we would like to respectfully request that the Board approve a 90 day extension of our Interior Build Out Subsidy. We encountered a number of delays in completing our design process, including an unexpected transition in our architect. At this time, we have completed demolition plans and submitted these to the City, we expect to receive the demo permit on Monday. We should also have complete build plans submitted by early next week. We have a General Contractor, and we are ready to begin. The General Contractor estimates that once the permits are received that we can complete construction in less than a month. Thank you for your attention, and please let us know if we can answer any questions. Regards, Angelo A. Gasparri, Esq. 1080 South Federal Highway • Boynton Beach, FL 33435 P: 561- 826 -8986 • F: 561- 935 -9706 WARNING TO OWNER: YOUR FAILURE TO f... RECORD A NOTICE OF COMMENCEMENT MAY CITY OF BOYNTON BEACH ,T a� RESULT IN YOUR PAYING TWICE FOR BUILDING DIVISION ` P IMPROVEMENTS TO YOUR PROPERTY. "r O N e` A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. BP400L3.0 Date Applied: 4/24/12 NOTICE IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL Prepared By: B Y B 2 G 3 W RESTRICTIONS APPUCABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE Date Issued: 5/02/12 AGENCIES, OR FEDERAL AGENCIES. Permit Type: PIN 1673912 904676 Permit No: 1200001438 BUILDING PERMIT INSPECTIONS ARE REQUIRE D: SEE BACK OF PERMIT CARD FOR REQUIRED INSPECTION. City Range Twnshp. Section 1 Sub Division Block Lot Plat/Book/Page 08 43 45 28 24 000 0030 Property Address Zoning Reviewed By 1080 S FEDERAL HWY CLC Subdivision Name Legal Address PARKER EST LT 3 /LESS W 35 FT Owner's Name/Address/Telephone Contractor's Name /Address/License/Telephone BI- SQUARE INC G FOSTER CONTRACTING 435 S COUNTRY CLUB BLVD 1615 SW 2ND AVE BOCA RATON FL 33487 FORT LAUDERDALE FL 33315 561 998 -7826 954 467 -9694 CGC1504588 WCP7608317 Additional Description GeneraUArchitect/Engineer DEMO INTERIOR PARTITIONS G FOSTER CONTRACTING GENERAL DEMO TNTERT R PART /OFFICE AIT Construction ` BFE I FFE 1 FLZ Occupancy Sq. Ft. Valuation 1 Improvements 2.000 DEMOLITION. INTERIOR Schedule of Fees _ _ - * THIS PERMIT FEE IS NOT REFUNDABLE *__ PAID 46.00 DATE- 4/24/12 RECEIPT # - 0216250 000000140 OTHER FEES: TYPE- DBPR BLDG CODE ADM & INS 2.00 TYPE- DEPT COMMUN AFFAIRS SURC 2.00 TYPE- FIRE AND LIFE SAFETY FEE 38.40 TYPE- GREEN BUILDING FEE .22 AUTHORIZED SIGNATURE NOTICE: CALL 742 -6355 FOR INSPECTIONS 24 HOURS IN ADVAN (BEFORE 5:00 P.M.) - THIS PERMIT SHALL BECOME NULL AND VOID UNLESS THE WORK AUTHORIZED IS COMMENCED WITHIN ONE HUNDRED AND EIGHTY (180) DAYS AFTER ISSUANCE OR IF THE WORK AUTHORIZED HAS NOT RECEIVED AN APPROVED INSPECTION FOR A PERIOD OF ONE HUNDRED AND EIGHTY (180) DAYS. - _ . - - -.- _ _ _ _- r_ -•.--- — .._.....___......, ...:.., ,ti;.. „rK..e e..., ,..,,.0 .w,f env..ar1 oMvn rn,ct have a vald permit Door to stamina. in consideration of the 9ratM11Q BOYNTON =BEACH ,RA CRA BOARD MEETING OF: May 15, 2012 I X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of extension of time to complete interior build -out project for grant recipient GPS PEO, Inc. SUMMARY: GPS PEO, Inc. applied for an Interior Build -Out Grant for property located at 1100 South Federal Highway, Ste. 4, Boynton Beach, FL (a copy of the grant application is attached). The CRA Board approved the grant on February 14, 2012 (a copy of the minutes are attached). Under the terms of the grant, the applicant has 90 days, from the award of the grant, to complete the project and submit for reimbursement. May 14 is 90 days from the award of the grant. Applicant is requesting a 30 day extension in order to complete the project. Attached is GPS PEO, Inc.'s request for an extension of time along with a copy of the permit. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA IONS: Approve extension of time. ,11 . 1 41 Theresa Utterback Administrative Services Manager 1 /c '° BOYNTO ' BEACH. 2011/2012 r 2 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 515,000 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. L 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 spaces Items eligible for funding under the program are limited to: I . 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: all Page 1 of 4 710 North Fedaal Highway Boynton Beach. FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 www bomton bcachcra.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 &rant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours Der week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Interior Build - Out Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment ". d. New businesses using a DB /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. Initi: Page 2 of 9 710 North Federal Highway Boynton Bach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 w ww.boyntonbcachcra, corn • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. IV. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Completed and signed application. 2. Copy of all business and occupational licenses 3. Copy of the corporate documents for the applying business entity. 4. Copy of executed multi -year commercial lease agreement. 5. Landlord SSN or Tax ID. 6. Business plan, including executive summary and three-year financial projections of revenues and expenses. 7. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 8. Two (2) years of tax returns for the owners of a new business. 9. Qualifications, experience and track records of business owners. 10. Copy of design and construction plans associated with the proposed improvements. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. A minimum of four (4) 3 "x5" color "before" photos of the project. Initia Page 3 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 www.bovntonbeachcra.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 thc Applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Initial Expense Reimbursement - This program is designed as a quarterly reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide quarterly reimbursements to the grantee upon submittal of a complete Reimbursement Request package. The total monies expended by the grant applicant (up to a maximum of S15,000) will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within ninety (90) days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Applicants may apply for time extensions. Once thc work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Applicant shall provide a minimum of four 3 "x5" colors "during" photos and a minimum of four 3 "x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Initi�is t. �� Page 4 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www, boyirtonbeachca. com (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report f UC J -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 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Pahn Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines Initi Page 5 of 9 710 Noi h Federal Highway Boynton Bach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3256 www.bovntonbeachcra.com BOYNTON =BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: G P PE() VC • Applicant Mailing Address: 11 0 So ? tec / /I y S,.. , 4e 4 o te ach r'- :3.3 1 .7_3 Business Name (D/B /A if applicable): Current Business Address: S /$n1 L /4 S /4 60,> Phone: 5 / • 7 52 • /'1'f/ Fax: S (o / - 7'10 - /O ( 3 Email: 6 k @) eo , c p �n Fed ID# Time at Current Location: 6 ,.,o, Monthly Rent: / 3 Do you have an executed lease agreement: Yes 7 No Landlord Name: C t H 6 ro u n L � Q 1'1 a /f 1 ? o u s'e N1 a rA 5 , y .1_ 4 Landlord SSN/EIN: 'Z 6 Z "7 4 Landlord's Mailing Address: F. K c, 5 3 07 $ea.._ L r! 3 3 5., zs -- New Business Address (if applicable ): New Business to Boynton Beach: Yes / No Existing Business: Yes No _ _ Number of years in existence 47 So Square footage of existing location: s' , r Square footage of new location: i "SO0 > P Initial Page 6 of 9 710 North Federal Highway Boynton Bach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www, bovntonbeachcra.com Type of Business: k /o /,rat Ky (1 D • ?- w� Number of Employees: _ 3 Hours of Operation: S ->! ,� A Are you applying for grant assistance under any other program offered by the CRA: Yes No If yes, what additional programs are you applying for: 1 b . CG ?"" "Gd i� Y P E Y e I• Sc Are you receiving grant assistance from any other governmental agencies: Yes Nov" 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. Initial Page 7 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561- 737 -3256 ti\ w w. bornt onbeachcra.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. 6 rc -1 L C L9 aA 1i- _ At 1 Z- Property Owner's Signature I / Date r a ur L L ci �^ �tE f12 c �c y e )11 a vt cl q . Printed Name / Titl J Property Owner's Signature Date Printed Name Title STATE OF °'" _ COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared D(in 141 l c poi 4-k ()Ils , who is personally known to me or produced i /j Si Li 33 171 - V) O 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 decd. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ! day of Di es: nt L C , 20— ' NAT T - Y BLIC My Commission Expires: : '�' r` ;: MICHELE E. CONREUR MY COMMISSION # DD923929 ' , EXPIRES September 09, 2013 Page 9 of 9 4071 38 6 153 F londeNoteryservice,cort, 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.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. ,64), Applicant/Tenant's Signa! e Date G- lac sL,• c Pecs; d.�.. Printed Name Title , Applicant/tenant's s S e Dat , 2 A pP �� - k w . G 144 .s 4)-e,✓ Pee's Printed Name Title STATE OF FLORIDA COUNTY OF 11 1 c BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared (r W • G f U 5/ ) l 1 '1 who is personally known to me or produced v `'� � - a J , 1 as identification, and ackcnowledged 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' .•"''''' STEVEN HERNANDEZ OTARY PUBLIC '1 + Notary Public - State o1 flo My Co Expires: ` ` My Comm. Expires Jul 7, 201 ' �� ` • ? ` Commission # EE 110357 ,,,,,, Page 8 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 7373258 www.bovntonbeachcra.eom ■ 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. II. Pledge to the Flag and Invocation Chair Hay gave the invocation and Vice Chair Orlove led the Pledge of Allegiance to the Flag. II. 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, 2012 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. GPS PEO, INC. �, G o jz 1100 SOUTH FEDERAL HWY M a` ` SUITE 4 J BOYNTON BEACH FLORIDA 33435 To Whom This May Concern: Please find this letter as a request for a 30 day or Tess extension for our interior build out grant that was approved on February 15th 2011. The reasoning behind this request is that we have occupied this space during the renovation process and have encountered slight delays in working hours and permitting /inspections. This type of grant in the past has allowed for a time span of 180 days to complete and it has been revised to its current status of completion of 90 days. Rzztfully Submitte Erik W. Glush Founder /President TO W: R .,FAALU TO , , ► ' ;0r' Y JTY OF .BOYNTON BEACH ire ` , . •1N' YOUR PAYING TWICE • " R BUILDING DIVISION O `Y 1 °ERTY. ` h ,A . ' ' TS T• °''- E NT.c. T; • RE RECORDED Al 'POSTS •OiN THE 4 . ' O • THE ' =MST anaptcpcim. IF YOU INTO TO..OBTA1N 0 ' G,;E • CONSULT WITH Y 'LENDER OR AN ATTORNEY' !BEFORE ;�. !-= t , ; . 4OT10E OF COMME'NO' NT.'S ✓ Date Applied 3/13/12 == ��+� . Nonce k,, , " 11F1118 AP'PtJCdlttil. p P 'l"�14t 17 L i i A 'spared By: B Y B 2 C O L - . . w , , , ' Q F . O ' � . . Watt ' 'y , MAY " :r'' • . • Y p • :. ,:; ® At , • AM ' c c t 4 :1 1 % Date Issued: 3 /27 / 12 '' e., ' I'N 1564705 . 477454 Permit.No: 1200000907 8 I 1= 3,;#. , •T 1 0 TI s �'" ' ::' BACK OF PERMIT GARD'FOR RER ED INSPECTION. ' , '• *ulshp, subDwleion: ' MOO il_ot Rat?Bo*IdPags 0 • 43 . • 4 .. ° 28 24 0 0,0.1 �g 1 M Reviewed By - i . Among 1 S 'FE G'EPAL" 1IdY 4 JRL StilidlviehniNagne Legal Address 1. • PARKER ESTATE LTS 1'& 2 /Lr ' &oases NainalAthilresspalephone Contrsc* ortsNams IAddrounikosnse1Talephone — . 1 : , t `P: I!,' GROUP .L INGECO CONTRACTORS LLC X5'0 , CASTILL ..L4 17.20 S•N,ORES CIR - 0Y- *;T011' BE*CH 'Ft 334:35 - 61'0.4 14 E:S:T 'PALM BEACH' FL 33414 561 215 - 3'819 • / . C:6C151.4741 EXEMPT Adt*Kbnal IThecrIPtien ' GanwaVArohasteffn Isar iti:Tt 'iOR It ENOVATIO•N .M'OVE WALLS • 1 ` O •FFE FEZ eta4 ,snc7 . &I• Ft Valuation Impro etarde 1 I ,,'$. 9,500 INTERIOR R'E'MODEL MULTI - FAMILY /COMM 1 sdulaof G ' '* THIS :P,ER NI. `f FEE 15 NOT R:Ef /NO:ML:E. * ....j • C'R'EOI.T'ED' 65:. DATE- 3/27/12 RECEIPT. # - 0174$.04 000000000 TYPE- D,klPR BUG CODE ADM & INS 3.28 NO INSP UNTIL CERT /REC NOC RfCV 'T : VIP.E.;• 4) *PT COMMUN AFFAIIRS. SIIR'C 3.28 T'VIT. .' FIBRE AND LIFE S.A.FE'.TY .FEE 7'5.00 'TYRE*. ',GRE'E'N B1;1I LO LNG FEE 1.05 T`YP.C, PANNING .& ZONING REV.L•EU 11.21 ' T Y1P f' -. HP L.A N . •C N,E•C K , E E E. S, 65 .5.5 / / ' i t ■ ; , AUTMOR1ZED Sri GN,ATU.RE - .! t'I:OT:ICE• :. :CA:LL 742 -6355 FOR INSPECTIONS 24 �H 5' 01U8 Its ADVANCE (BEFORE 5:00 P.M. ) - -- sa THE emu. - _� , ,„„...., BOYNTON iv... BEACHI CRA BOARD MEETING OF: May 15, 2012 X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of extension of time to complete interior build -out project for grant recipient Splashdown Divers, Inc. SUMMARY: Splashdown Divers, Inc. applied for an Interior Build -Out Grant for property located at 640 East Ocean Avenue, Ste. 14, Boynton Beach, FL (a copy of the grant application is attached) and the CRA Board approved the grant and waivers to the grant on January 10, 2012 (a copy of the minutes are attached). Under the terms of the grant, the applicant had 90 days, from the award of the grant, to complete the project and submit for reimbursement. The interior build -out was to be completed by April 9, 2012 however; Splashdown Divers, Inc. requested an extension of time in which to complete the interior build -out project. The CRA Board granted a 30 day extension at its April 10, 2012 meeting (see attached minutes) which extended the deadline to May 8, 2012. CRA staff advised applicant of deadline and requested, in writing, a second request for an extension (see attached email dated May 6, 2012). As of today, CRA staff has not received Splashdown Divers, Inc.'s written request for the second extension of time. To date, CRA staff has not received any of the documents requested in the attached email dated April 17, 2012. The CRA staff extended an offer to use the grant funding to pay for the architectural costs and permit fees in the attached email dated April 23, 2012 with no response to date. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Grant a second 30 day extension with an update at the June 12, 2012 CRA Board Meeting. /e" ,,. Michael Simon Development Director BOYNTON I 'fovaRA BEACH 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Guidelines The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior fmishing of a new or expanding location. itx6ver. 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 ffO( created by the applicant. Each full -time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. 1. Program YQr 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. U. 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 S Page 1 of9 710 North Federal Highway Boynton Best, PL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 zr�, buyrnnnbeacnca.cbn 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. • VOAVe.r --- 5. An existing business must expand to occupy more than fifty percent (50%) of its current square it 3 footage size. Verification of this threshold must be provided in the application package. io Wer --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. 111. Grant Terms and Conditions A commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. Initial_ Page 2 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.bor�+lombeacbcrLcom • 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. It Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation. 1. Completed and signed application. 2. Copy of all business and occupational licenses. 3. Copy of the corporate documents for the applying business entity. 4. Copy of executed multi-year commercial lease agreement. 5. Landlord SSN or Tax ID. VJQXVe.( .-6 Business plan, including executive summary and three -year financial projections 4' 5 of revenues and expenses. 7. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 0{e--. 8 Two (2) years of tax returns for the owners of a new business. ,,+ver it Qualifications, experience and track records of business owners. \! ... 10. Copy of design and construction plans associated with the proposed improvements. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. A minimum of four (4) 3 "x5" color "before" photos of the pmject. Pape 3 (31'9 710 North Fedaal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ■ Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the Applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Initial Expense Reimbursement - This program is designed as a quarterly reimbursement grant. That is. all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide quarterly reimbursements to the grantee upon submittal of a complete Reimbursement Request package. The total monies expended by the grant applicant (up to a maximum of 515,000) will be divided into four equal payments and released on a quarterly basis � 0)( 4 6 following the Initial Reimbursement Request. �/ The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Nc 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 tinleframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Applicants may apply for time extensions. Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to all contractors, subcontracts, labor, materials, related fees and permits, and (3) Applicant shall provide a minimum of four 3 "x5" colors "during" photos and a minimum of four 3 "x5" color "after" photos of the Project. Photos should be Raul approximately the same position as the "before" photos submitted in the Application and the "during" photos. 7 Initials 4 ' Page 4 of 9 710 North Federal Highway Boynton Beath, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 w ww. C ovnt on bwcht.... a (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 � �.�5 � Report (UCT -6) for each consecutive quarter must be submitted. or 5C' For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. lnitialt Page 5 of 4 r' 710 North Fedemi Highway Boynton Bench, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 -“w bovnzonbeachen usgr BOYNTONICRA =BEACH?, 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Appl■cation (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Se knk Applicant Mailing Address: - 7c0 1214;4 , i3" r n 136A t4 - 33../3.%a - Business Name (D/B/A if applicable): a at n 4. Current Business Address: '714:.0 l- .-1-N,a /A L. .c4. i- L 3 3 Phone: (f.ia ) 3 C)1. Fax: ( 7'fi• 5 (?3 Email: «•'i Fed ID#1 '� aT15`IGSr Time at Current Location: 10 fi Monthly Rent: (a•5 C: Do you have an executed lease agreement: Yes ✓ No Landlord Name: 41-k iv 2 4. ? (�' ;i :1, , /-LC Landlord SSN/EIN: Landlord's Mailing Address: it E C�Cc =�: r -< l`) ki'C �K New Business Address (if applicable ): 016 -_ Otrcrrs- t3ta r1 ( =Nt rc 33 New Business to Boynton Beach: Yes No Existing Business: Yes t /No Number of years in existence ass of ; 7 Square footage of existing location: 44 - 1 l r� I f Square footage of new location: )`)!JO )4 44 700 S �k $V` Initials Page 6 of 9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 ht: 1 . r.2E Type of Business: Sa• c-. 3k• Number of Employees: Hours of Operation: 7 -!o 4t 5 Are you applying for grant assistance under any other program offered by the CRA: Yes '- No If yes, what additional programs are you applying for: .. l SG I +1r�Ki'( � !� �5„`� t iiN,MG Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment. Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials + 7� Par 7of4 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wv w:bQytttonbeach crz. c om 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. Ap ' enant's tgnature Date /7 4- S' bf 144ry -7 hAe Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FL ID COUNTY OF /() \ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is personally known to me or produced L1)L_* 5,55a 5j 3'0dentification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, 1 hay set my hand and official seal in the State and County aforesaid on this 4 day of , 20� I � t / f) L94 4 teCi t t el XA TARY PUBLIC My Commission Expire '- - we "•aa . ..�+•r.,V. 11 E$A UT TEROACK ti ik Nottry rablk • State of Floyd& Page 8 of 9 Sly Comm Wins Jan 11, 2014 710 North Federal Highway Coraminlon t r DO 951135 Boynton Beads FL 33435 " loaded Taro* MGRS! Notary Ann. Phone 561- 737 -3256 Fax 561 - 737 -32Phone 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 Pr s Signature t Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF Or 3L ,, L COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared d ( , who is personally known to me or produced pv t CL { t 9-4 ( 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 et my hand and official seal in the State and County aforesaid on this* day of 20 1 O NOTARY PUBLIC My Commission Expir t� TNERESA MENACE !r te Notary PA* . State a Focht g ' My COMM. fij*ei don 11. 2014 J ; C omNlNOOt`DD051135 Page 9 1 9 �' 4 . - m! Tbrs4 WWI Ne Alan. 710 North Federal Highway Boynton Beach, FL 33435 ercrqr Phone 561 -737 -3256 Fax 561- 737 -3258 ww. 00vntona nchcre.corl • • Meeting Minutes Community Redevelopment Agency Board Boynton Beath, FL January 10, 2012 XI. Old Business: A. Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. Motion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed. XII. New Business: A. Consideration of Taking Ownership of City -Owned Property located at 110 NE 6 Street, at Ocean and Casa Loma Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and it was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage Motion Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staffs recommendation. Mr. Karageorge seconded the motion that unanimously passed. 4 Page 2 of 2 C Lynn a. Simmons From: Utterback, Theresa Sent: Wednesday, May 02, 2012 2:20 PM To: Iynn(asplashdowndivers.com Cc: Simon, Michael ; Brooks, Vivian Subject: Interior Build -Out and Commercial Facade Grant Expiration Hello Lynn: This is a reminder that the 30 day extension the CRA Board granted (April 10, 2012) for your Interior Build -Out grant will expire on May 10, 2012. On May 9, 2012 your Commercial Facade grant will expire. Please send me, in writing, your request for extensions for the Interior Build -Out and Commercial Facade Grants and I will place it on the May agenda. Please note - our May meeting has been rescheduled to: Tuesday, May 15, 2012 @ 6:00 pm prior to the City Commission Meeting at City Hall. Thank you. c Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ ❑ ti 17 30;r CI r a: Scan this OR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i - nigma.mobi 1 • • • • Page 1 of 2 Utterback, Theresa From: Utterback, Theresa Sent: Sunday, May 06, 2012 10:20 AM To: 'Lynn Simmons' Subject: RE: Interior Build -Out and Commercial Facade Grant Expiration Follow Up Flag: Follow up Flag Status: Red Attachments: image001.emz; oledata.mso Hi Lynn: Just be sure to send me your request for extension of time (for both grants- interior build -out & commercial facade) in writing, email will suffice O Please remember - our May meeting has been rescheduled to: Tuesday, May 15, 2012 @ 6:00 pm prior to the City Commission Meeting at City Hall. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us 'a., n } t:' ..1 , �F=: ! Scan this OR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Lynn Simmons [ mailto :lynn @splashdowndivers.com] Sent: Friday, May 04, 2012 6:29 AM To: Utterback, Theresa Subject: Re: Interior Build -Out and Commercial Facade Grant Expiration Hello Theresa, Thank you for the reminder. I had indeed intended to request any extensions available to complete this journey. I appreciate all your help. Sincerely, • • Page 1 of 1 Utterback, Theresa From: Lynn Simmons [lynn @splashdowndivers.com] Sent: Friday, April 06, 2012 5:40 PM To: Utterback, Theresa Subject: Re: Interior Build -Out & Commercial Facade Extension of Time Hello Theresa, This is to request an extension of time in order to complete the projects at our new location at 640 E. Ocean Ave. Unit 14 since we have had no money with which to complete. Hope this issue will be resolved soon. Thank you for all your help. Lynn Simmons From: Utterback, Theresa Sent: Friday, April 06, 2012 5:24 PM To: lynn@solashdowndivers.com Cc: Brooks, Vivian ; Simon, Michael Subject: Interior Build - Out & Commercial Facade Extension of Time Hello Lynn: Per our telephone conversation, please submit, in writing, your request for an extension of time in order to complete your interior build -out and commercial facade projects. It will be presented to the CRA Board on April 10, 2012 (6:30 pm @ City Hall) at their monthly CRA Board Meeting. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561 - 737 -3258 utterbackt @bbfl.us ❑A., 4.: I— : I E lit 11. Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 funding to come through. Another component she was working on was the educational portion with the South Florida Science Museum, who had dedicated funds for the project. Although the Museum was not within the City, those types of connections were occurring throughout South Florida and elsewhere. The Wind Capital Group was interested in assisting, but she did not have a formal commitment. Word was anticipated within the next few weeks. The County Cultural Council was a sponsor and was also providing in -kind services. As to museums, the Boca Museum was interested in having satellite exhibits showing the work from the artists exhibiting in Boynton Beach or extending the exhibit. Mr. Holzman inquired if the funds raised, to -date, were sufficient to cover expenses from now until the end of the event, and as to the in -kind contributions, if she felt secure the event could be held without having to approach the City or Community Redevelopment Agency for funds. Ms. Coles -Dobay responded she felt the funds acquired were sufficient to hold the event as planned. The educational portion of the event could occur, but it was not a vital component needed to hold the exhibit and symposium. She emphasized the in -kind donations were as important as cash because it was a barter arrangement. C. Consideration of Extension of Time to Splashdown Divers, Inc. to complete its Interior Build -Out and Commercial Facade Projects. Ms. Brooks explained a communication was received from Ms. Simmons requesting an extension. Ms. Simmons had 90 days to complete the interior build -out, which would have ended on April 9th. The Commercial Fagade was granted on January 10th giving her 120 days to complete the project, by May 9th. She noted there was a history of extensions and the agenda item detailed the variances from the grants she received. Lynn Simmons, Proprietor of Splashdown Divers, 640 E. Ocean Avenue, Unit 14, requested the extension due to a lack of funds. Attorney Cherof suggested the Board review this item periodically, and consider an extension to be reviewed at the May 8th meeting. Vice Chair Orlove inquired about the executed contract and W9 form. Ms. Brooks explained the Agency would pay the contractor directly and had just received the contract from the contractor yesterday. Now that it was obtained, Ms. Simmons could go forward with the work. This was one of the waivers granted to Ms. Simmons as other recipients had to lay out the funds up front and the Agency reimbursed them. This accommodation was made in January. The extension was needed because the work had not been done. Ms. Simmons explained she was waiting for an architectural drawing and the architect required a $500 payment upfront. Ms. Simmons explained she did not have the money 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL A • rii 10, 2012 and the contractor could not proceed because the City would not issue any permits until the architectural drawings were received. Motion Mr. Holzman moved to extend the contract to complete the necessary items under the grant until May 8, 2012. Vice Chair Orlove seconded the motion for discussion. Vice Chair Orlove explained to Ms. Simmons the Board was assisting her in a way that they do not normally do. He inquired what would be an appropriate extension. Ms. Simmons hoped the build -out would be completed in three months and commented it could not be done within 30 days. Mr. Karageorge expressed frustration and explained Ms. Simmons was aware architectural drawings were needed in January as part of the application process and staff was upfront with her. Ms. Simmons took responsibility and explained she was not aware of the time restrictions She assumed the waivers covered her needs but she was incorrect. After brief discussion, there was agreement 30 days was an appropriate amount of time to revisit the issue and see what progress was made. Vote The motion unanimously passed. D. Update on Request to Palm Beach County for Amendment to Waterfront Easement Ms. Brooks explained staff was going to appear before the County Commission on May 1st. She invited the Board members to attend and would advise the Board where the item was on the agenda when she received it. Some of the dive boat captains would be present to support the redevelopment plan at the Marina. Staff met with some of the County Commissioners to explain what was occurring and how it fit a Marina public purpose. Additionally, if any of the Board members were so inclined, they could contact the County Commission and let them know what the City wanted for its future. Vice Chair Orlove agreed to attend and announced he was scheduled to meet with Commissioner Aaronson next week. He planned to discuss the issue with him at that time. B. Consideration of Merchant Card Processing Services RFP Susan Harris, Finance Director, explained the Community Redevelopment Agency accepts credit cards at the Marina location and has used the same vendor for the past five years. During that time, the rates have gradually crept up. Last year, she renegotiated the rates with that vendor, as well as American Express, and the rates 9 Page 1 of 2 Utterback, Theresa From: Utterback, Theresa Sent: Tuesday, April 17, 2012 11:32 AM To: 'dporcelain2t @msn.com' Cc: 'Iynn @splashdowndivers.com'; Simon, Michael Subject: RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant Attachments: oledata.mso; image001.emz Hello Dennis: It was a pleasure meeting you and Steve today and we look forward to working with you on this project. As a follow -up to our meeting, here is an outline of some key points to keep the process going. INTERIOR BUILD -OUT: $15.000.00 Please submit the scope of work and itemized cost of the interior build -out based on the list you provided at our meeting. You may submit only the scope of work that will encompass the amount of the grant or you can provide the scope /itemized cost for the entire project. The CRA will provide a maximum of $15,000 for interior build -out improvements however; Splashdown Divers, Inc. has the right to do more interior improvements at its own expense. COMMERCIAL FACADE: $14,393,39 (remaining balance after sianage reimbursement directly to Splashdown Divers, Inc,) Please submit the scope of work and itemized cost of the exterior improvements based on the list you provided at our meeting. The CRA will provide a maximum of $14,393.39 for the exterior improvements. Again, Splashdown Divers, Inc. has the right to do more exterior improvements at its own expense. Both scopes of work need to be executed by you, as the General Contractor and Lynn Simmons as the owner of Splashdown Divers, Inc. Once our office has received the executed scopes of work/itemized costs and proof of submittal for permitting, you may submit your written request for a deposit. In the meantime, please do not hesitate to call our office with any questions you may have. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbuckt @bbfl.us ❑ :-IY.. ❑ }' ' r n- Page 2 of 2 Scan this QR Barcode with your phone and team more about all the grants available through the CRA Get FREE baroode scanning software at: www.i- nigma.mobi From: Utterbadc, Theresa Sent: Wednesday, April 11, 2012 4:16 PM To: 'dporcelain2 @msn.com' Cc: 9ynn@splashdowndivers.com'; Simon, Michael Subject: Splashdown Divers Interior Bulld -Out and Commercial Facade Grant Hello Mr. Porcelain: This email is to confirm our meeting for Tuesday, Apri 17, 2012 @ 9:00 am at the CRA offices - 710 North Federal Highway, Boynton Beach, FL 33435. 1 will be out of the office 4/12 & 4113. I will be back in on Monday If you have any questions, please feel free to call Michael Simon, Development Director 561 - 737 -3256 ext 206. I look forward to meeting you. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt@bbfl.us 0 Te E3 o _ Scan this QR Barcode with your phone and team more about all the grants available through the CRA Get FREE Ixurode scanning software at: www.i- nigma.mobi Utterback, Theresa From: ITS Mailbox Sent: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805340.txt; RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant :J N1 ATT3805340.txt RE: Splashdown (245 B) Divers Interior... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Lynnesplashdowndivers.com Utterback, Theresa , From: ITS Mailbox Sent: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805328.txt; RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant Ei ATT3805329.txt RE: Splashdown (233 B) Divers In This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. dporcelain2@msn.com • • Page 1 of 1 Utterback, Theresa From: Utterback, Theresa Sent: Monday, April 23, 2012 12:57 PM To: 'dporcelain2 @msn.com'; 'lynn @splashdowndivers.com' Cc: Brooks, Vivian; Simon, Michael Subject: Interior Build -Out & Commercial Facade Grants Follow Up Flag: Follow up Flag Status: Blue Attachments: oledata.mso; image001.emz Hello Dennis: I left a voicemail for you this morning. I'm following it up with this email as I will be out of the office the rest of the week. In our initial meeting with you, you were advised that architectural fees and permit fees were not covered under the grants. In order for Splashdown to begin the interior renovations, the CRA will reimburse for the architect's fees and the permit fees. The fees will be deducted from the interior grant balance of $15,000.00, If permits are need for the exterior work those too will be reimbursed and deducted from the exterior facade grant balance of $14,393.39. If you have any questions, please feel free to call me. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ T e r . ❑ .1:17..a �: : ❑ • is, ri r Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i - nigma.mobi r ,.....„ BOYNTON cA BEACH CRA BOARD MEETING OF: May 15, 2012 X I Consent Agenda I 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of extension of time to complete commercial facade project for grant recipient Splashdown Divers, Inc. SUMMARY: Splashdown Divers, Inc. applied for a Commercial Facade Grant for property located at 640 East Ocean Avenue, Ste. 14, Boynton Beach, FL (a copy of the grant application is attached) and the CRA Board approved the grant and waivers to the grant on January 10, 2012 (a copy of the minutes are attached). Under the terms of the grant, the applicant had 120 days, from the award of the grant, to complete the project and submit for reimbursement. As such, the interior build -out was to be completed by May 9, 2012. CRA staff has advised applicant of deadline and requested, in writing, a request for an extension (see attached email dated May 6, 2012). As of today, CRA staff has not received Splashdown Divers, Inc.'s written request for the extension of time. Splashdown Divers, Inc. has completed the signage portion of the grant and was reimbursed for the signage on April 23, 2012 in the amount $606.61. There is a remaining balance in the grant of $14,393.39 for exterior improvements. To date, CRA staff has not received any of the documents requested in the attached email dated April 17, 2012. The CRA staff extended an offer to use the grant funding to pay for the architectural costs and permit fees in the attached email dated April 23, 2012 with no response to date. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Grant a second 30 day extension with an update at the June 12, 2012 CRA Board Meeting. C-- 77/ 1 -2- ./..-%:------ Michael Simon Development Director YN TO MOM BEACH 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 Necessaryi APPLICANT INFORMATION Name of Property Owner: } -tom Z t 4. ) v.. (LC Address of Property Owner: big& C ')Ct .vi . 1* o City /State: 1 +c.r�r� i�c 1. { Zip Code: 3313 Phone # Day: Evening: 6 ) Eft7 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable) Name of Tenant if Different from Property Owner Name of Business. .30t -,k ) toe r. I Tic Address of Business: -- City /State: 120i. (1 o � Gf� Zip Code: 3313'5 Phone # Day: (5a1) )36 -ir"? Evening: b 1 `_i�j( • 346'3 Initials 2 Page of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 Type of Business: I )ero,c ( 1 )10 , e C,e► c r Years of Operation: a % S , k) Number of Employees: Annual t' 1 Payroll: , N., c, c Number of Employees residing in Boynton Beach: List of improvements proposed: 11 NA rt.1 ve■ c, iv '6 4 CF[ rrn e, 6 c Cc.3m f r P� / S� o �CS� r Er-C cd-t �` ]�.Q` r1 0 ' C� ��`� -� , cA:4 ac c) / LF rrCc�pt� 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 7• Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) • ADA improvements Initia • -- Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.tvvnAgnbcachcm.com 4. Ail 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 \lab Ve rs. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, it 1 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 wa`V 6. The Fagade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. 7 The property owner, or tenant if applicable, must complete the 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 cirant funds shall only occur if the following conditions are met: 1 CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable). 2. CRA has received copies of final "paid in full° vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos tll. 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 frz lnitial�� Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 Highway, Boynton Beach, FL 33435, phone 561- 737 -3256 or download the application from www.bovntonbeachcra.com /businesses/ 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Written description of the improvements to be done to the property along with the following items: 1. Copy of Warranty Deed waiver 2. Copy of Lease -Frtre t 3. Project work write -up(s) describing in detail the scope of the project, — 0. ) 4. Plans or sketches if applicable, S 5. Site plan and plant list for landscape projects, 6. Third -party cost estimates from three (3) licensed contractors, 7. Estimated time line, 8. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 9. A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", nc-From 0. 10. Signage design with colors & materials proposed if applicable. a co t�... 11. Project color chips / material samples if applicable, and material specifications. 0 Initialit Page 4 of 6 7`` 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement including Program and Reimbursement Regulations. hi' * _ C 1 '1 1 12,. r_ , (D : te) Qroperty Owner ate) _IAA ■ I / 6 9____ Wtness (Date Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLO - IDA COUNTY OF '�t 1 i . .. ... BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements. • • , appeared CA.,1 4 qna 0 li , who is personally known to me C f produced .7k L Q k'536 i vi 16 4 7 identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed IN WITNESS OF THE F•REGOING, I have,- my hand and official seal in the State and County aforesaid on this % day of I. * 2a,_ 0 NOTARY PUBLIC /./ / 1 1_ 1 ��ld J My Commission Expires: _ MVO UTTEDIACK y \ . • j My Comm. Expires Jan 11, 2014 �,� { .° 6onde Commia�Ion :a DO 0511 S5 m. , Notify Aa i • - -. -*n 0 I. eder& e. ,A. '.ay Boynton Beach, FL 33435 ou.,,ao SA1 -777 -1756 FAY 561-737 -3258 ( Tenant/Business owner's signature must be notarized) C E-1212—, /,46 , 4fr.. - r c .xo J .�/,L_ _ ,_q_,,,1 l Witness ( te) TOnant/Business Owner (Date) it nes (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF PQ Dom` 1 /A' A, BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personall appeared /4 h /1. Si /I7 n C, who is personally known to me or produced L'#` a- rte 1 -S 3 Ss9 Q 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 WETNESS OF THE FOREGOING, I have ,� t my hand and official seal in the State and County aforesaid on this rt71 day of 11, ,201 NOTARY PUBLI @WU it , .d i s 7�II1rri� .L My Commission Expires: ; ,' Fi . u � of F1orfa : • A %Y Comm. Expires Jan 11, 2014 , ` _„� • F Commission 0 DD 951135 q r r` ` i BoadWO Through NNronel Notary Ass' r a -,�+.. r.�w► - -...-. Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 JUSTIFICATION FOR CRA GRANT FUNDING Business Signage — cye conk yl../1 relca Far....04i fCkrct New space has existing signage which must be removed and replaced as needed for the new business occupying the space. *remove old lettering and decal's *create and install new window decals * lighted signage over door and/or windows showing what business is. new flag pole/flag , 1_2)1301 0÷ 1) 1 CU 4_.-----41 --> > 1 <.; , sp tAow At rDive2s LooLt00.1. , _ . 75 j &lois: u1/43}1.*LiT 1 etkeri lel m erress * \-eiAericabo--P)06C Wal4 in - 161 GA Tece6s or\ Cror\ It s Scra_y — w4rikkii )eiienie)(5 • • • Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 XI. Old Business: A. Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. Motion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed XII. New Business: A. Consideration of Taking Ownership of City-Owned Property located at 110 NE 6 Street, at Ocean and Casa Lorna Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and it was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage ti Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staffs recommendation. Mr. Karageorge seconded the motion that unanimously passed. 4 • • Page 1 of 2 Utterback, Theresa From: Utterback, Theresa Sent: Sunday, May 06, 2012 10:20 AM To: 'Lynn Simmons' Subject: RE: Interior Build -Out and Commercial Facade Grant Expiration Follow Up Flag: Follow up Flag Status: Red Attachments: imageo0l.emz; oledata.mso Hi Lynn: Just be sure to send me your request for extension of time (for both grants- interior build -out & commercial facade) in writing, email will suffice © Please remember - our May meeting has been rescheduled to: Tuesday, May 15, 2012 @ 6:00 pm prior to the City Commission Meeting at City Hall. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑4 }' r th.a06—:: Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Lynn Simmons [ mailto :lynn @splashdowndivers.com] Sent: Friday, May 04, 2012 6:29 AM To: Utterback, Theresa Subject: Re: Interior Build -Out and Commercial Facade Grant Expiration Hello Theresa, Thank you for the reminder. I had indeed intended to request any extensions available to complete this journey. I appreciate all your help. Sincerely, Page 2 of 2 Lynn a. Simmons From: Utterback, Theresa Sent: Wednesday, May 02, 2012 2:20 PM To: lynn(@solashdowndivers.com Cc: Simon, Michael ; Brooks, Vivian Subject: Interior Build -Out and Commercial Facade Grant Expiration Hello Lynn: This is a reminder that the 30 day extension the CRA Board granted (April 10, 2012) for your Interior Build -Out grant will expire on May 10, 2012. On May 9, 2012 your Commercial Facade grant will expire. Please send me, in writing, your request for extensions for the Interior Build -Out and Commercial Facade Grants and I will place it on the May agenda. Please note - our May meeting has been rescheduled to: Tuesday, May 15, 2012 @ 6:00 pm prior to the City Commission Meeting at City Hall. Thank you. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ ,. ❑ 1 711 4 : 1 7 : ! r Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.inobi • • • Page 1 of 2 Utterback, Theresa From: Utterback, Theresa Sent: Tuesday, April 17, 2012 11:32 AM To: 'dporcelain2 c©msn.com' Cc: lynna splashdowndivers.com; Simon, Michael Subject: RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant Attachments: oledata.mso; image001.emz Hello Dennis: It was a pleasure meeting you and Steve today and we look forward to working with you on this project. As a follow -up to our meeting, here is an outline of some key points to keep the process going. INTERIOR BUILD •UT: $15.000.00 Please submit the scope of work and itemized cost of the interior build -out based on the list you provided at our meeting. You may submit only the scope of work that will encompass the amount of the grant or you can provide the scope /itemized cost for the entire project. The CRA will provide a maximum of $15,000 for interior build -out improvements however; Splashdown Divers, Inc. has the right to do more Interior improvements at its own expense. COMMERCIAL FACADE: $14.393.39 (remaining balance after siQnaae reimbursement directly to Splashdown Divers, Inc.) Please submit the scope of work and itemized cost of the exterior improvements based on the list you provided at our meeting. The CRA will provide a maximum of $14,393.39 for the exterior improvements. Again, Splashdown Divers, Inc. has the right to do more exterior improvements at its own expense. Both scopes of work need to be executed by you, as the General Contractor and Lynn Simmons as the owner of Splashdown Divers, Inc. Once our office has received the executed scopes of work/itemized costs and proof of submittal for permitting, you may submit your written request for a deposit. In the meantime, please do not hesitate to call our office with any questions you may have. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl,us ❑ re ❑ r . " _ I 1 - E Li Paws 2 of 2 Scan this QR Barcode with your phone and team more about all the grants available through the CRA Gct FREE baroodc scanning software at: www.i -nignta.mobi From: Utterbadc, Theresa Sent: Wednesday, April 11, 2012 4:16 PM To: 'dpor elain2 @msn.com' Cc: 'lynn@splas hiowndivers.com'; Simon, Michael Subject: Splashdown Divers Interior Build -Out and Commercial Facade Grant Hello Mr. Porcelain: This email is to confirm our meeting for Tuesday, April 17, 2012 @ 9:00 am at the CRA offices - 710 North Federal Highway, Boynton Beach, FL 33435. 1 will be out of the office 4112 & 4113. 1 will be back in on Monday. If you have any questions, please feel free to call Michael Simon, Development Director 561 - 737 -3256 ext 206. I look forward to meeting you. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561-737-3258 utterbackt@bbfLus 0 4, L }' 41: Ft . ' 0- r Scan this QR Barcode with your phone and seam more about all the grants available through the CRA Get FREE bareode scanning software at: www.i- nigma.mobt Utterback, Theresa From: ITS Mailbox Sent: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805340.txt RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant y t L ATT3805340.bct RE: Splashdown (245 B) Divers Interior... This is an automatically generated Delivery Statue Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Lynn @splashdowndivers.com Utterback, Theresa From: , TS Mailbox Sant: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805328.txt; RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant El ATT31305329.txt RE: Splashdown (233 B) Divers Interior... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. dporcelain2@msn.com • • • Page 1 of 1 Utterback, Theresa From: Utterback, Theresa Sent: Monday, April 23, 2012 12:57 PM To: 'dporcelain2 @msn.com'; 'lynn @splashdowndivers.com' Cc: Brooks, Vivian; Simon, Michael Subject: Interior Build -Out & Commercial Facade Grants Follow Up Flag: Follow up Flag Status: Blue Attachments: oledata. mso; image001.emz Hello Dennis: I left a voicemail for you this morning. I'm following it up with this email as I will be out of the office the rest of the week. In our initial meeting with you, you were advised that architectural fees and permit fees were not covered under the grants. In order for Splashdown to begin the interior renovations, the CRA will reimburse for the architect's fees and the permit fees. The fees will be deducted from the interior grant balance of $15,000.00. If permits are need for the exterior work those too will be reimbursed and deducted from the exterior facade grant balance of $14,393.39. If you have any questions, please feel free to call me. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561 - 737 -3258 utterbackt @bbfl.us ❑ 4 0 3 r, 4; F' � � :• r Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi O a) (0 ' C O) a) w 0, 'O O C C a) a) -C is N O (D O C C) L C a) L = �' 7 Q • (6 E N C U) w a) O L °) c o E (a E w -� O C O a ° a) O O a) CD - p a) N E N p n (n a) (0 E N w N -- o > CO u) co LL J d U a) o 2 u) 92 a) .mQ N- -c a) o (-7,1 Cr O (0 7 L a) u, ° . , .0 N .E c_ ` (6 N Q j w C C m ('3 v O o o o ) U o w o c Q 3 m • o -c £ a t c o�S > a� � a) o -c a) J oao fi °' >o,� 0C' `��" � �� _� z J c o N N o co N c N co O ct a) O Q) M ° ct > • N C U N O () () Q • O •� N O 7 (d O Q 0 Q N W N U O °' • °a~ _ o i a) O C > C.) O (.0 NO — O m( p (n CO °_ 0 o m `n w o m w < a o >, o .Y C a) g V Q P a c o . co E cn co CO O LL m N cu � E a) a) 0 a) co c c L d > 0 N �° m o`n z w J W a) W 0 0 N N N N N r r clo O O O O O ^ co O N M 4' U7 Ln From: Nadine Hamil [mailto:nadine.hamil @gmail.com] Sent: Friday, April 13, 2012 9:22 PM To: Walsh, Margee Subject: thank you Dear Margee, Thank you for the marketing this month. I appreciate your support and help. A woman came to the studio tonight for my Circle of Creative Women from seeing the CRA' website and "business of the month." She was a neat woman.She is a big sister and brought the young girl who she encourages. with gratitude, Nadine Nadine Hami I ARTFUL DREAMERS STUDIO (561) 901 -1446 Nadine@ArtfulDreamers.com www.ArtfulDreamers.com "Awaken Your Creativity - Empower Your Life - COME PLAY!" Kay, Fred C. Benedetto 610 Horizons East, Apt. #108 Boynton Beach, Florida 33435 -5700 561- 732 -2462 April 10, 2012 Honorable, Mayor Woodrow Hay Chairman of CRA 710 Federal Highway Boynton Beach, Florida 33435 Re: Boynton Beach Media Dear Mayor Hay, The undersigned has been a winter resident for 20 years and the City of Boynton has been well maintained. Unfortunately, the landscape in the median has been neglected by the City and should be maintained its beauty of trimmed bushes. I have admired the beauty of this landscape from Boynton Beach to Gulfstream but to see it being uncared for is appalling. A point of information; we do not homestead and pay full taxes and enjoy the City of Boynton and the surroundings.. Thank you. Sincely, �.� 1 Jr_ ti Fred and Kay Benedetto Page 1 of 2 Utterback, Theresa From: Livergood, Jeffrey Sent: Thursday, April 19, 2012 3:41 PM To: Utterback, Theresa; Hall, Glenda Cc: Brooks, Vivian; Simon, Michael Subject: RE: Median Landscaping Thanks Theresa, We will prepare a response For your info, the medians have degraded in appearance and we are not pleased either. However, the budget cut we were required to provide last year was significant. The following is text from our budget message to the City Commission during budget meetings last summer Jeff Reduced level of maintenance on all medians throughout the City - $153,600. See below for listing of maintenance reductions: Landscape Maintenance Services (includes mowing, hedge trimming, weed and litter control,): Reducing services from 44 times per year to 39 times per year; and eliminating the annual mulching of all medians. The result of the reduction in service will reduce the frequency of litter and trash pickup and decrease the frequency of shrub pruning and weed control which will result in more weeds, more litter in the medians and shrubs that will be overgrown. Fertilization: Eliminate specialty fertilizers for palm trees and reduce all other applications i.e., turf from 3 times to 2 times per year, shrubs, trees and palms from 3 times to 2 times per year. The result in the reduction of fertilization will be the potential for nutrient deficiencies and reduced health vigor of all plant materials. Pesticide Applications: Eliminate all pesticide treatments in all medians. The elimination will result in denser weed growth, and an increase of pests leading to deterioration of plants. Arbor (tree pruning): Eliminate all palm pruning, reduce annual pruning on all trees with the exception of line of sight issues. This will result in decrease aesthetics of palms and other trees. Additionally if this program would continue beyond one to two years we will be structurally harming the trees. Mulching: Eliminate mulch replacement for all medians in FY11 /12. This will result in poor aesthetics, greater water run -off, lower water holding capacity and greater weed growth. Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561- 742 -6201 Please note that City Hall office hours are 7:00 - 6:00 pm, Monday through Thursday. Page 2 of 2 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e -mail communication and your e -mail address may be subject to public disclosure. From: Utterback, Theresa Sent: Thursday, April 19, 2012 3:33 PM To: Livergood, Jeffrey; Hall, Glenda Cc: Brooks, Vivian; Simon, Michael Subject: Median Landscaping Hi Jeff & Glenda: The CRA received the attached letter from Fred and Kay Benedetto regarding the median landscaping (in front of Horizons East ?). Thought I should forward this on to you for review and response. I am sending the original to Jeff via interoffice envelope. Thank you, Theresa Utferback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ ❑ 4: I:1 ma ❑ ii ' .1s Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i - nigma.mobi 4/19/2012 Page 1 of 2 Utterback, Theresa From: brianjfitzpatrick @comcast.net Sent: Wednesday, May 02, 2012 4:57 AM To: Brooks, Vivian Cc: Utterback, Theresa; Simon, Michael Subject: Mission Statement for the Boynton Beach CRA Follow Up Flag: Follow up Flag Status: Red From: "brian fitzpatrick" <brian220east @me.com> To: "Fitzpatrick Brian" <brianjfitzpatrick @comcast.net> Sent: Wednesday, May 2, 2012 3:05:25 AM Good Morning, Yesterday I had the opportunity to speak with Theresa Utterback regarding my frustration with the conditions that exist on the CRA's property on East MLK Jr Blvd. I realize that you are still adjusting the the tremendous responsibilities of your position. I congratulate you on your appointment as the Director of the CRA, as it was a much needed change. As a property owner in the "Heart of Boynton Area" for many years I am extremely frustrated with what I see as a lack of progress in the Martin Luther King, and the Cherry Hill areas. I feel the elimination of blight needs to be the CRA's primary focus, as several addresses are magnets for criminal activity. The enclosed photo of a pile of burnt household belongings is a glowing example of blight in this corridor. 1. I would ask you to review Mission Statement of the Boynton Beach CRA. I feel its time to rethink the "Mission" Something along the lines of "To foster and directly assist in the redevelopment of the Community Redevelopment Area in order to eliminate blight , create a sustainable downtown and encourage economic growth, thus improving the attractiveness and quality of live for the benefit of the CRA District and the City of Boynton Beach as a whole" Actually, I borrowed that from Delray Beach. 2. Please consider installing a four foot high chain link fence along the front of the CRA's property on East Martin Luther King Blvd, possibly with a simple landscaped strip behind the fence. Currently the CRA's property on the south side of East MLK is home to a combination of chairs and tables. One day I observed an individual with a pile of several hundred cans that he worked on for four hours. As it stands, this is just encouraging blight in an area that desperately needs the CRA's help. Page 2 of 2 3. Please develop a plan to acquire the vacant property in the Cherry Hill area from the Palm Beach County Housing Authority. 4. As a property owner and taxpayer, I do not advocate the use of the CRA's funds to support non - profits moving to or relocating in Boynton Beach. Removing properties from the tax base is never a good thing, especially in these dire economic times. We need to encourage growth with viable businesses, not the growth of revenue draining "industries" providing redundant services. [image /jpeg:photo.JPG] Sent from my iPhone Page 1 of 1 Utterback, Theresa From: Simon, Michael Sent: Thursday, May 03, 2012 3:24 PM To: Utterback, Theresa Cc: Brooks, Vivian Subject: Complaint Log Hello Theresa: When you have a chance to update the complaint log, please add Ms. Penny Burdick, property owner of 306 E. Ocean Ave. #106. Mailing address: 12361 Boneventure Dr., BB, FL 33436, 561- 271 -3140. Ms. Burdick's complaint involved the loitering and activities of the homeless on Ocean Ave., particularly sleeping and congregating on /around the street benches, as well as public urination. Additionally, she filed a complaint with Code Enforcement concerning the exiting condition of the parking area pavement at Kenny's Market. I explained the benches are City owned and that I would pass her concerns along to the appropriate staff as well as suggested she voice her concerns at the next CC meeting. With regard to Kenny's Market, I explained about our grants and the fact we have reached out to him year after year in hopes he would utilized them. Thanks and enjoy your weekend. Respectfully, Michael Simon Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 0,f: 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 simonm(a,bbfLus Page 1 of 1 Utterback, Theresa From: Gio @FSBmens.com Sent: Monday, May 07, 2012 5:43 PM To: Brooks, Vivian Cc: Utterback, Theresa Subject: FSBMens Hello Vivian, You look marvelous, great addition to our PB Post. My regards to you and your team at the CRA for having a vision for our Downtown area. Kind Regards Giovanni Marquez - Menswear + Footwear www.FSBmens.com / www.FashionMenswear.com "Count Your Compliments" 561.736.9977 BOYNTON CRA =BEAC CRA BOARD MEETING OF: May 15, 2012 1 Consent Agenda I 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Events Recap April 2012. SUMMARY: • Sunday Funday — 4/1/12 — 100 attendees. It was a beautiful day. We had a Petting Zoo and Pony rides...and a huge obstacle course...the attendees stayed the entire day. We had a planting project and coloring for the children, and a storyteller who brought caterpillars and did a theatrical presentation on how the caterpillars turned into butterflies. • Movies on the Ave. 3/6/12 — We Bought a Zoo PG — 200+ attendees. It was a great night and everyone really enjoyed the film. • Ocean Avenue Concert Series — 4/20/12 - 50 attendees. The weather was threatening all day and about 50 minutes into the performance the skies opened up and the concert had to be canceled. The band "Riptide" performed and everyone really enjoyed them. • FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: Information Only 4;etaX Kathy Biscuiti Special Events Director _ f - - 1 , - - 1404,, A ' - .;' ,_ , 4: 1 , * -' ' 1111 1 . ! . -.' . li - . .., .. , _. 111 r (iir .... _ „„...._ - . . ,.. ; Sunday Funday ,,, . r, , *t illir -- " * 4 Mirk: , at the Marina I _ . April 1, 2012 Approx. 100 . '.. . , . . L " 11% s 4 , p. 1 •i, ............., , - • .... * , . v 4.■ , -...••■• _ i ' . : ..., .440, ai ,,fdarg40"4111' / I --- grA pr . i i -, , . v• 1 --- .. ,„ - 0 ■,..‘. , eNt , , _EIT i ' Alp P'' . 0 -.., . ..._,. , ., * ' .- 4 N/ ilk 1 „.. ..., . . i . Oki 1110 P .t1 I , II - Allr 1...p..• --41 ilr Ir irit-- - o MOP ah, ; . , I r 1 i I I t 1 i I Movies on the Ave. NI 8 si. April 6, 2012 • 4 70 , • 3 3 le t ' — "\111. "We Bought A Zoo" Approx. 200 attendees MOVIIS ON Tili • r. 0, ..-!..1...1 „' - , . ... v ...... , 4 1 b , 4.012t - 0 • i I , ( 1 , ,,,, ■.,,,,> \,..., �.2 v 4t Ocean Avenue Concert Series April 20, 2012 "Riptide" Approx. 50 attendees 4, • QC[flM fl [MUt CONCERT SERIES BOYNTO BEAC N H CRA BOARD MEETING OF: May 15, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Rustic Retreat Commercial Facade Project Completion SUMMARY: On December 13, 2011 the CRA Board approved JFT of the Palm Beaches, Inc. d/b /a Rustic Retreat for a Commercial Facade Grant and completed the exterior improvements in April, 2012. Attached is a thank you letter from Rustic Retreat and its residents (mostly Vietnam Veterans) for the grant. CRA staff wanted to share it with the CRA Board as this property is part of the Federal Highway Corridor (1120 North Federal Highway) and for minimal grant funding there was a maximum return. Please see attached before and after pictures. FISCAL IMPACT: $3,099.49 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS /OPTIONS: Information Only c- ' ,/,.." /-..--4:,..//;,------ Mic ael Simon Development Director .0 RUSTIC RFTRF.Al 1120 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 561-737-5887 FAX 561- 734 -4252 s? CRA '. $ s - • N. Federal Highway .* Boynton Beach, FL 33435 I W i P 4 NC.3. r Ft ' Dear CRA Grant Community Redevelopment Agency '2 4 i Thanking you in advance for your grant. I own the property at 1120 North Federal Highway which has been blighted for many years. Having had the opportunity to enhance our property with the help of your gracious grant, we can begin to beautify our main avenue into this lovely town. As you can see by the pictures we have painted buildings, roofs, and fences. We have replaced an old awning, landscaped, mulched and framed planting beds. We have black topped our faded drive way and restriped the parking stops. We have added new door handles, mail box and hose hangers. All of this work was done by myself and staff. The positive comments have not stopped coming in, not only from visitors, but also from the residents and resident family's. You may not known that 90% of the residents at The Rustic Retreat are veterans, primarily Vietnam Veterans. They most of all appreciate the surroundings at which they reside. Again thank you Sinccrely, I t , June Trach, Administrator . ' • . ■ 11 \ ' ' '.. • • ' . I • • .144, I ! . ■ ' l' t ' •• - t• __, • 1 ,,. , .. ., . . ... 1.. •• . o r ..,.....,. • . . _ . ..... ,, .0 . , • , ,,, ., . . I ,'• :. . . .., • • . -,. - • .,/, . . . ,_ .. . . ' ' .: .0,. 4 : , ., . i i i •-, • __. • -- ,•••_ . .•.. • -...., -• - : „,-, • . .. . . , . • . -t,...4 , . , , .-...,, . . ,.• 1 , ,,,,, • '„ 7 -.. t`t" . ....,„ 'T . . , -;...;'.., ""R• '.; ..' fett', ' • , r• / !d! ,_ ,,,, • - ,, ,"or *r ' • ' , • I . ___ , ._ ,, , ' '., ■ 4 _ , • I . • - 6.1 ■ . , i;'''.!: .' ■ ' ...., . 11111111 Inill■ , 1 Cb. '2011/02/04 BEFORE 3 40 . ,....,...... . , _ . , _ : , , ,_ '�t y .Iir . _ .„, 1 BEFORE 1. . til 0_.:41114tIPIPIIII4,4%,,,, - — - ' ,....,ii, fa � 5♦ h 41116 4.. • i 1 S 410 lie .... AFTER _I ..... ____ . _________________ 4. . ., __ , u uu 'rrw,. .� A , .. r •. , . 1460C • t e' i i a • IRfUR= , • . :� •i i s • Viz` . . _ .1111...t .: . 44. _ • . II • r� BOYNTON CRA BOARD MEETING OF: May 15, 2012 Consent Agenda I I Old Business 1 1 New Business 1 1 Public Hearing 1 X 1 Other SUBJECT: Public relations and marketing strategies to secure editorial coverage of CRA projects, programs and events. SUMMARY: Quarterly update on press releases, media advisories, newsletters and social media postings distributed by CRA staff, and articles generated as a result of these efforts. (Feb. — May) Press releases, Media advisories, correspondences, etc: 1. March 8: Seabourne Cove: Largest Green Multi - Family Community 2. March 9: Habitat for Humanity's Collegiate Challenge Targets House at CRA's "Ocean Breeze West" Project 3. March 27: Boynton Beach's new Bistro: Cuthill's Backyard 4. April 3: Update on CRA Projects 5. April 25: Peaceful March — Bury the Violence 6. May 3: CRA, City and Chamber host "Building a Better Boynton" seminar Articles: 1. March 10: Sun - Sentinel — Boynton Beach officials want you to "Breeze into Boynton" 2. March 11: Palm Beach Post — Boynton Beach sees sharp rise in construction 3. March 12: Palm Beach Post - Habitat for Humanity building houses in Boynton Beach 4. March 28: Sun - Sentinel — Cuthill's brings Key West -style bar to Boynton Beach 5. April 24: WPTV—Boynton Beach committed to green initiatives 6. April 25: Sun - Sentinel — Energy- efficient rentals propped with public cash 7. April 27: WPTV— Hundreds march to "Bury The Violence" 8. May 3: Palm Beach Post- Boynton complex gets national `green' notice 9. May 4: Palm Beach Post — Boynton gives business leaders pep talk 10. May 5: Sun - Sentinel — Boynton leaders cast city in a positive light 11. May 8: Sun- Sentinel — Dive shop an obstacle to Boynton vision FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Marketing Department RECOMMENDAT ONS: Information only Margee W h, Ling Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \May 2012 \Quarterly Update Media Coverage - Information Only.doc Press releases, Media advisories, email correspondences, etc: 1. March 8: Seabourne Cove: Largest Green Multi - Family Community 2. March 9: Habitat for Humanity's Collegiate Challenge Targets House at CRA's "Ocean Breeze West" Project 3. March 27: Boynton Beach's new Bistro: Cuthill's Backyard 4. April 3: Update on CRA Projects 5. April 25: Peaceful March — Bury the Violence 6. May 3: CRA, City and Chamber host "Building a Better Boynton" seminar Press Release Immediate Release March 8, 2012 Largest Green Multi - Family Community Grows in Boynton Beach BOYNTON BEACH, FLA. — Seabourn Cove, recognized as the nation's largest green, multi- family community by the prestigious National Green Building Standard (NGBS), is under way on Federal Highway with its first residents expected to move in by mid -July. The result of innovative public - private cooperation between the developer and city, Seabourn Cove will be a community of 456 luxury apartment homes on nearly 23 acres that will transform what one Boynton Beach official called a "blighted area of the city" into a showcase for residential design, sustainability and green construction methods. It also is being hailed by Boynton Beach's development staff as the first major step in a sweeping revitalization at the southern end of this coastal city in Palm Beach County. Upon completion later this year, the first phase of residences will boast, among other features: • Slashed Energy Bills: An estimated 40 percent reduction in individual, residential energy bills with the long -range goal of eliminating those bills entirely, becoming Net Zero as technology evolves and hardware pricing drops • Lower Water Bills: A 20 -25 percent reduction in individual, residential water bills • Car Charging in all Garages: 110 /220 -volt, dedicated wiring for electric - vehicle charging stations in each garage of the community's 300 townhomes. There also will be two central charging stations for the remaining 156 residences without garages. • Eliminating Storm -Water Runoff: A sophisticated storm - water - retention system winding beneath more than a half -mile of this community's streets. The system collects and filters storm water onsite before returning it to the fresh -water supply beneath the property. eliminating runoff into the nearby Intracoastal Waterway. • Eco -Art Walk: More than a quarter- mile -long eco -art promenade along the community's western boundary that will link to the city's planned Blueway /Greenway pedestrian trail as it heads south and connects to Delray Beach's trail. Developed by Tampa -based developers Charles Funk and Jeff Meehan under the Gulfstream Gardens LLC name, Seabourn Cove is a multi - million - dollar venture that is on track to receive the highly coveted NGBS Gold Certification. The National Association of Homebuilders developed the standard and believes Seabourn Cove also may be the first community of its kind in the nation to do so. Seabourn Cove is being developed in conjunction with Boynton Beach's comprehensive Climate Action Plan and marks the first time in Florida that such public - private cooperation has occurred. The CAP program was adopted to demonstrate the city's commitment to help reduce greenhouse gases and future energy consumption by implementing far - reaching conservation efforts for city buildings, vehicles and other facilities. However, because the city lacks authority to require such green measures from private business, Boynton Beach and the city's Community Redevelopment Agency offered Seabourn Cove's developers property -tax rebates totaling about $2 million during the next decade. The developer's cost to implement this green program will run about $2.7 million. In return for providing these rebates, city officials say, Boynton Beach will be enhanced by a new community created with sustainable, energy- efficient residences that should increase property values and ad valorem tax revenues. In fact, such increased revenues are projected to offset the developer rebates, resulting in no cost to taxpayers. Seabourn Cove offers a variety of upscale garden apartments and townhomes just off the Intracoastal Waterway between U.S. 1 and Old Dixie Highway. Its Mediterranean architectural style was created to complement South Florida's Spanish heritage. Floor plans will range from a one - bedroom, one -bath apartments with 888 square feet of living space, to two- and three - bedrooms townhomes with balconies and offering between 1,417 and 1,718 square feet of living space. For more details, call Seabourn Cove's leasing office toll -free at (855) 812 -2683 or (561) 752- 0009. Or visit SeabournCove.com. From: Walsh, Margee Sent: Tuesday, March 27, 2012 3:30 PM To: Rothman, Mike, Sun Sentinel Subject: Boynton Beach's new Bistro...Cuthill's Backyard Hey Mike, How have you been? My apologies for not keeping in touch... "swamped" has been my tagline lately, but there is so much going on in the CRA District these days, I wanted to reach out and make sure you're in the loop on yet another new bar that opened in downtown Boynton Beach: Cuthill's Backyard http: / /www.cuthillsbackyard.com Google map: http : / /maps.google.com/maps ?hl =en &tab =ll Cuthill's opened last month, serving lunch and dinner in an al fresco, tropical setting...have you been there yet? Boynton locals remember the place as the former Tike Hut, one block west of North Federal Highway, north of Boynton beach Blvd., but I understand it is a far cry from its former self, as the new owners have invested quite a bit of money to spruce the place up, hire great staff behind the bar and in the kitchen, which is located in a vintage airstream camper...and a killer line -up of live entertainment. Kind of Boynton's version of Jupiter's Square Grouper/ Guanabanas. The CRA assisted owners James Hall and Anthony Cuthill in opening their doors with funding from our economic development grants, and these guys are ready to rock and roll. The parcel of land they bought fronts on Federal, where, in addition to Cuthill's, they plan to open two more restaurants /bars. I believe one will be a tapas bar and the other an upscale restaurant. Give James or Anthony a call for more info. They are really cool guys, you'll like them. (And no, they are not Gators!) Or stop by Wednesday night for the Chamber of Commerce monthly mixer. So nice to see downtown Boynton Beach coming alive with new faces and energy!! James Hall: jim sundiai.net, (941) 545 -8226 Anthony Cuthill: (561) 756 -5951 Monthly . xer Date: March 28, 2012Time: 5:30 pm - 7:00 pm Location: Cuthill's Backyard Bar 511 NE Fourth Street Boynton Beach, FL Contact: Theresa Kinsloe Phone: 561- 732 -9501 Email: Theresa Margee Walsh CRA Marketing Director O (561) 737 -3256, ext. 204 C (561) 685 -8883 WalshM @bbfl.us www.boyntonbeachcra.com April 13, 2012 TO: Ben Wolford, Sun - Sentinel From: Margee Walsh, CRA Marketing Director RE: Update on CRA Projects Ruth Jones Cottage: Cottage was built in the 1920's due to the fact that it is primarily constructed of Dade county pine, which became extinct in the 1930's. Mrs. Ruth Jones lived in the home from 1945 until the CRA purchased it in 2007, for $265,000. In order to preserve one of Boynton Beach's notable homes, the CRA relocated and is restoring the 20,000 pound, 823 - square -foot building. It was moved six blocks from its original site at 201 N.E. First St., in June, 2011, to the south west corner of Fourth Street and Ocean Avenue on a City owned parking lot "Before" picture, when cottage was located at 201 N.E. First St Ocean Avenue began as the main street of the town of Boynton Beach, a small, gravel road that extended from the Atlantic Ocean to the Florida East Coast Railway tracks and present -day Congress Avenue. When Interstate 95 was built in the 1970s, Ocean Avenue's role as an artery was officially cut off. One of the purposes of relocating the cottage to ocean Avenue was to turn it into a cafe and to further the revitalization efforts of Ocean Avenue. The CRA felt it was appropriate to save the structure since it was essentially in sound condition, was in original condition (had never been renovated) utilizing Frame Vernacular architecture, and was on the City's list of potential historic structures. The cost to move and renovate the building (Phase 1) $350,000. The CRA selected Chrissy Benoit (Adventurous Palate) former owner of Havana Hideout in Lake Worth as the tenant. She will receive one year free rent and pay $5 a square foot, plus maintenance and insurance, each year after that. The CRA Board elected to have Adventurous Palate take on the responsibility of the interior build -out portion of the project (Phase II), with the Agency (CRA) as a partial funder. The Tenant chose Phoenix Realty Builders. Patrick Disalvo, President is their contact: 561 - 799 -5900 and the business is located at 1760 N. Jog Road in West Palm Beach. Cost for this phase is estimated to come in under $237,000.00. The Little House will be a unique cafe- brewery featuring locally farmed foods and brewed beers. Plans are to serve daily lunch and dinner daily and add breakfast on weekends. Ms. Benoit has significant restaurant experience. She is currently undertaking the interior build -out of the restaurant. The Little House is scheduled to open in June, 2012. Ms. Benoit's email is thelitttehousebb 561 - 420 -0573. The CRA's focus is on the redevelopment of its 1,650 acre District and on drawing people to downtown Boynton Beach by creating business interest and development opportunities. The Little House is a key component in the revitalization of Ocean Avenue, adding a historic factor and entertainment value to the area; an area where progress on capitol projects is quite visible: Ocean Avenue Amphitheater Renovations completed in 2011 for $ 317,260 include installation of "Sail- style" fabric canopy, theater lighting, 1,200 foot stage and colorful Mangrove Canopy public art feature. This is a perfect venue for the free, Ocean Avenue Concert series and Movies on the Ave. Boynton Harbor Marina Entry Feature The CRA is expanding the scope of the Boynton Harbor Marina from a fishing /boating facility to a pedestrian - friendly downtown destination center with dining, shopping business and entertainment attractions. Renovations completed to date include: reconstruction of the marina slips (19 slips and gangways refitted), updated electrical components, new exterior lighting, creation of fish cleaning stations and securing pilings, construction of an iconic "lighthouse" entry -way feature, and public art sculptures. For more information, visit www.bovntonharbormarina.com Arts District A warehouse district situated just one block north of 1 -95 on Boynton Beach Blvd. along Industrial Way. This bustling colony of artists located off the beaten track, is one of South Florida's art scenes' fastest growing art districts.Visitors are welcome to spend the afternoon soaking in the vibrant colors of amazing original artwork by graffiti artists, who use garage bay doors as their canvases, or stroll through the many galleries and purchase art for sale. Public Art at the Intersection of MLK and Seacrest Blvd. The CRA secured funding from the Seacrest Streetscape Project project to include public art and paid for the design of sculptures which are now on display at the intersection of Seacrest and Martin Luther King Boulevards. Members of the Heart of Boynton community worked together with the Arts Commission and local artists Debbie and Len Marucci, along with apprentice Jermaine Johnson, to design colorful gateway artwork pieces, reflecting its history and message of hope, peace and promise. 1 , 0 4 :all Ne"■ i "New Beginnings" Ocean Breeze West This redevelopment project located on Seacrest Blvd. includes 21, single - family homes. The Ocean Breeze West project is an example of the ongoing revitalization of the Heart of Boynton community resulting from the successful partnership between the CRA, Habitat for Humanity and Boynton Beach Faith Based CDC Seacrest Streetscape Project Boynton Beach's Seacrest Boulevard Beautification Project began in June, 2010, with the Community Redevelopment Agency (CRA) and City working to secure Federal stimulus dollars to support the roadway's $1.9 million revitalization. Construction was completed in November, 2011. Elements of the project included installation of raised medians with tropical landscaping, resurfacing of the existing roadway, signage and pavement markings, and decorative street lighting. The CRA secured funding from the project to include public art and paid for the design of sculptures which are now on display at the intersection of Seacrest and Martin Luther King Boulevards. Sunshine Square Renovations include a new, larger Publix and lush landscaping. Seabourne Cove A multi - million dollar, gated townhome development, this enclave includes 456 luxury rental townhomes and garden home apartments, ranging in size from one - bedroom garden apartments, starting at 888 square feet, to two- and three - bedroom townhomes up to 1,718 square feet. Nearly all townhomes feature one- or two stories above the garages or covered parking, private entries, foyers, balconies, plenty of storage in the well- designed floorplans as well as top -of- the -line appliances and luxurious appointments including daily valet trash removal and recycling. Walmart Smart shoppers have one more option in Boynton Beach, as the new Walmart opened its doors at 3625 South Federal Highway. The Supercenter is the result of a partnership with the CRA and Walmart, who entered into a direct incentive funding agreement (DIFA) that provides funding for the creation of 150 full -time jobs. The project will also result in long -term revenue to support CRA's economic development programs, which represents the annual tax increment funding (TIF) created from the redevelopment of the site. BOYNTON w-- rx) ammo E ACH , . Media contact: Margee Walsh CRA Marketing Director (561) 685 -8883 IMMEDIATE RELEASE WalshM April 25, 2012 Peaceful March Scheduled to "Bury the Violence In Boynton Beach Public is encouraged to participate in Community event WHO: Boynton United: http:t/ www. boyntonunited .comtevent- infa.html WHAT: "Bury the Violence" community march WHEN: Saturday, April 28, 2012 *Pep Rally: 8:00 a.m. — 8:29 a.m. *Welcome by Mayor Woodrow Hay: 8:35 a.m. *March: 9:00 a.m. *Teen Summit: 12:00 p.m. *Leadership Summit: 6:00 p.m. LOCATION: MARCH: Meet at Boynton Beach City Hall, 100 East Boynton Beach Blvd. Procession is scheduled to move north along Seacrest Blvd., ending at Ezell Hester Center, 1901 N. Seacrest Blvd MISC. ACTIVITIES: Ezell Hester Center, 1901 N. Seacrest Blvd. TEEN and LEADERSHIP SUMMIT: Carolyn Sims Center at Wilson Park, 225 NW 12 Avenue, Boynton Beach WHY: Community March is an effort to bring the Heart of Boynton community together as a positive show of strength and unity against violence and crime in the HOB neighborhood. Public welcome, free t- shirts, food, live music and inspirational speeches by key note speakers and religious leaders. Event contact: Rae Whitely: 718 -3955 or log on to http: // www. boyntonunited .com /event- info.htmi The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737 -3256 or visit www.boyntonbeachcra.com. # ## BOYNTON =BEACH cRA Keeping up with what's happening Downtown.... Updates from the Boynton Beach Community Redevelopment Agency (CRA) New Dining Experience in Downtown Boynton Beach: • We are happy to report Cuthills Backyard is now officially open for business! Located one block west of North Federal Highway at 511 NE 4 Street, this tropical, open -air bar and restaurant is serving up delicious homemade menu items and downhome, live entertainment. If you prefer your guacamole made fresh to order or would like some juicy Kobe beef sliders, checkout downtown Boynton's newest hotspot. For more information, call 561 - 756 or logon to www.cuthillsbackyard.com. Habitat for Humanity's Collegiate Challenge Targets Houses at CRA's "Ocean Breeze West" Project: • Students from Trinity College, in Hartford, CT., spent the week of March 19 in Florida participating in Habitat for Humanity's annual Collegiate Challenge. These young adults generously gave up their spring breaks to visit the Ocean Breeze West construction site, located on North Seacrest Blvd,. and assist in the construction of two of the 21 single family homes currently under development. CRA Meetings: • Join us Tuesday, April 10, for the next CRA Board Meeting, which are held the second Tuesday of every month, located in the City Hall Chambers, ioo Boynton Beach Blvd., 6:3o p.m. Meetings are videotaped and available for viewing on the CRA website at http: / /www.boyntonbeachcra.com /craoverview agendaminutes.php CRA's 2011 Annual Report Provides More Than Just Financial News: • Pdf of report BOYNTON BEACH - K Keeping up with what's happening Downtown.... Updates from the Boynton Beach Community Redevelopment Agency (CRA) MAO, vii i+� i ' il: ,,, ,..-- - lb. - imp . 6 "The Green Dragonfly" Artist Rolando Chang Barrero, "Lace Bass" By artist Jo Chameness standing by a mural on display by artist Jaak Kindberg at the Arts District Artwork installed at Boynton Harbor Marina: • As part of the ongoing Boynton Harbor Marina renovation project, two pads were built behind the lighthouse entry -way feature for the installation of art. The CRA purchased two unique sculptures from the Avenue of Arts program that represent elements of the marina; nature and entertainment, which are now on display for the public to enjoy. "The Green Dragonfly," is by artist Jo Chamness, and "Lace Bass," a hand - crafted, steel sculpture, is by artist Jaak Kindberg. titled, "Lace Bass." Boynton Means Business: • Local business owners are invited to be part of the exciting new co- operative advertising campaign, "Breeze into Boynton," funded by the CRA and designed to promote the downtown area and merchants located in the CRA District. To learn more about this program and other CRA economic development programs, log on to: http: / /www.boyntonbeachcra.com /businesses. Let us help your business grow! Boynton's "Entertainment Row ": • Excitement is growing as Cuthills Bar and Grill is slated to open on North Federal Highway and to the south at Las Venatanas, the Sweetwater Bar and Grill has become a popular Happy Hour spot, offering an "eclectic menu that pairs what we're pouring." Special Events: • *Downtown Open Market, Sunday, February 26, on Ocean Avenue and the Boynton Beach Civic Center. A free shuttle will b available from 1 -4:oo p.m. for individuals who also want to visit the Arts District, located at 422 Industrial Way, to attend Kero- WHACKED, Homage to Jack , a free, all -day event, hosted by ActivistArtistA Gallery Director, Rolando Chang Barrero. Opening for this event is a musical duo called "Pocket of Lollipops." With full lineup of Live Music there will be a little something for everyone in the family! Muralist and Street artists will be painting live so you can experience the ActivistArtistA Bay Gates Project as they continue to develop and see first hand why it has become the most photographed attraction in the city. An exhibition of new works by y over 13 prominent artists in the tri- county area will be celebrating the life of Jack Kerouac. • *Sunday Funday, February 12, located at the Boynton Harbor Marina next to Two Georges Waterfront Grill. *Ocean Avenue Concert, Friday, February 17, 6 -9:0o p.m. at the new Ocean Avenue Amphitheater. Visit the CRA website for a complete listing of events: www.boyntonbeachcra.com and remember to stay connected with the CRA on Facebook ID and TwitterD. CRA Meetings: • Join us Tuesday, February 14, for the next CRA Board Meeting, which are held the second Tuesday of every month, located in the City Hall Chambers, ioo Boynton Beach Blvd., 6:3o p.m. Meetings are videotaped and available for viewing on the CRA website at http: / /www.boyntonbeachcra.com /craoverview agendaminutes.php BOYNTON mow BEACH Media contact. Margee Walsh CRA Marketing Director (561) 685 - 8883 IMMEDIATE RELEASE WalshM May 3, 2012 CRA City and Chamber Of Commerce To Host "Building a Better Boynton Beach" Seminar City's economic viability focus of free event WHO: Boynton Beach Community Redevelopment Agency (CRA), City and Chamber of Commerce *Vivian Brooks, CRA Executive Director Brooksvi *Lori LaVerriere, Interim City Manager LaVerriereL a(� bbfl. us *Jonathen Porges, Chairman, Greater Chamber of Commerce Gorges aOporges.corn WHAT: "Building a Better Boynton Beach" Seminar WHEN: Friday, May 3, 2012 12:00 p.m. —2:00 p.m. LOCATION: Boynton Beach Woman's Club 1010 South Federal Highway, Boynton Beach, FL 33435 WHY: Working together in a unique partnership, representatives from the CRA, City and Chamber of Commerce will present a two -hour seminar sharing updates on current CRA and city projects, cultural and branding programs and development projects. The focus of the event is to share the good news on progress being made in Boynton Beach and successful efforts to make the city more economically vibrant, currently taking place in the downtown area, throughout the new Arts District, and west to Congress Avenue Invitations were sent to Boynton Beach HOA Presidents and Chamber of Commerce business owners. Lunch will be provided by The Little House, Chrissy Benoit's new restaurant, located at 480 East Ocean Avenue, scheduled to open at the end of June. thelittiehousebb an yahoo.com. The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737 -3256 or visit www.boyntonbeachcra.com. # ## Some examples of media coverage the Agency received as a result of public relations outreach include: 1. March 10: Sun - Sentinel — Boynton Beach officials want you to "Breeze into Boynton" 2. March 11: Palm Beach Post — Boynton Beach sees sharp rise in construction 3. March 12: Palm Beach Post - Habitat for Humanity building houses in Boynton Beach 4. March 28: Sun - Sentinel — Cuthill's brings Key West -style bar to Boynton Beach 5. April 24: WPTV—Boynton Beach committed to green initiatives 6. April 25: Sun - Sentinel — Energy- efficient rentals propped with public Cash 7. April 27: WPTV— Hundreds march to "Bury The Violence" 8. May 3: Palm Beach Post- Boynton complex gets national `green' notice 9. May 4: Palm Beach Post — Boynton gives business leaders pep talk 10.May 5: Sun - Sentinel — Boynton leaders cast city in a positive light 11.May 8: Sun - Sentinel — Dive shop an obstacle to Boynton vision Boynton Beach intensifies rehab of its reputation http: / /www.palm beachpost.com/ news /boynton- beach - intensifies - rehab -of- its - reputation- 2231821.htm I By ELIOT KLEINBERG Palm Beach Post Staff Writer February 23, 2012 BOYNTON BEACH — The secret is out. It's actually not much of a secret. It's just been obscured by all the black ink swirling around this city. Crime. Depressed real estate. Struggling city budgets. And, most recently, the mayor's arrest. Now the city wants to accentuate its positives - to drive home the things that make the city popular: its mid - county location, access to beaches and the Intracoastal Waterway, its downtown and new marina, its growing artist colony, and its parks and neighborhoods. It's called the "brand promise." The city will push it in promotional materials, on bus ads, at chamber of commerce meetings and on its website. The plan also includes neighborhood associations, newsletters, individual websites and social media. Boynton also will recruit a volunteer team to talk up the city. In August, the city and its Community Redevelopment Agency showed proposed logos (flowers, wine glasses, a sailboat and a leaping fish) and slogans ( "Breeze into Boynton Beach" and "Gateway to the Gulf Stream "). Now there's a new slogan: "Catch a Wave. Catch a Fish. Catch Your Breath." "You could put anything after that," Vice Mayor Bill Orlove said. " 'Catch a show. Catch entertainment. Catch a free event.' You can build upon those." The city budgeted $2,300 for the logos and slogans and $9,750 to hire Okeechobee marketing consultant Dale Carlson. The brand panel comprised 15 area leaders, including County Commissioner Shelley Vana. A task that usually takes a year was done in three months. "Most of this to me is excellent," City Commissioner Marlene Ross said. The city still must determine how much it can spend. It's set to revisit the plan in May. In a survey the city ran about its image in early 2011, the top answer was "struggling." The next - highest response was "family friendly," followed by "retirement community." "Behind the times," "stagnant" and "high crime" also were mentioned. "We tried to figure out, 'Are these based on reality or is there misinformation ? "' Carlson said Tuesday . "There's a lot of bad stuff that kind of takes the attention. "But no, there's a lot of good stuff that's happening. And the word's just not getting out." Interim Mayor Woodrow Hay agreed: "We've just got to do a better job of marketing ourselves." Boynton votes in McCray to fill District II seat http: / /www.palmbeachpost.com /news /boynton- votes in mccray - to - fill - district ii 2221227 A Mack McCray By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 7:46 a.m. Wednesday, March 7, 2012 BOYNTON BEACH — The second time was the charm for Mack McCray. At their regular meeting tonight, commissioners named McCray - a former commissioner himself - to fill the District II seat vacated when commissioner Woodrow Hay was named interim mayor Feb. 7. Mayor Jose Rodriguez was suspended Jan. 27 after his arrest on corruption charges the previous day. While Rodriguez would have the right to return to office if charges are dropped or he's otherwise cleared before his current term expires in March 2013, his attorney recently waived his "speedy trial" rights, assuring that the charges won't be resolved anytime soon . At its Feb. 21 meeting, the commission had passed on McCray and three other candidates and eventually opted to wait until Tuesday to make its pick. City Attorney James Cherof had advised the panel really had to act this time. The panel voted 3 to 1 for McCray, with Vice Mayor Bill Orlove dissenting. McCray was seated immediately. "Thanks to the city of Boynton. I'm ready to work," McCray said, to applause. McCray was appointed to the city commission in 2001 to fill the District II seat after the incumbent resigned. He was re- elected in 2002 and 2005, and left in 2007 because of term limits. McCray came in fifth of seven candidates when Rodriguez was elected in 2010. The three other candidates had been Community Redevelopment Agency Board member James E. "Buck" Buchanan; city board activist Victor D. Norfus; and city planning and development board member Brian H. Miller. Two others submitted their names since the last meeting: Kaplan University executive Anthony Barber and resident Floyd Zonenstein. Boynton Beach officials want you to "Breeze into Boynton" h tt p: / /www. su n- sentinel. com /news /palm- beach /boynton- beach /fl- breeze -i n to -bo ynton- bus - 20120309, 0, 5549654. story By Erika Pesantes, Sun Sentinel 4:59 p.m. EST, March 10, 2012 tanharbar , c:or 46,,, I tr J�a CRA ad appears on 40 foot Palm Tran bus Ad displayed on Palm Tran bus is part of the CRA's cooperative advertising campaign promoting downtown Boynton Beach, the Boynton Harbor Marina and merchants located in the CRA's District. Campaign runs from February - September, 2012. City officials want you, wherever you are, to "Breeze into Boynton." A PalmTran bus with an ad enticing visitors to Boynton Beach's downtown is rolling through Palm Beach County. The "Breeze into Boynton" slogan was picked up from the Palm Beach County Convention and Visitors Bureau's county -wide branding campaign. The bus with the massive ad may be spotted along Route 3, which travels along Military Trail, and makes stops at Town Center at Boca Raton and The Gardens malls through September Boynton Beach sees sharp rise in construction activity t a A Publix is being constructed in the Boynton Lakes Plaza. Several other big projects are in the works in the city. Since October, the city's building division has collected 64 percent of what it expects to get all year in permit fees. By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 2:24 p.m. Sunday, March 11, 2012 BOYNTON BEACH — As symbols go, you don't need to go much farther than the Promenade, the 318 -unit condo behemoth at Federal Highway and Boynton Beach Boulevard. It was finished in the summer of 2009, at the rock - bottom of the real estate slump, and by the following spring had sold exactly two units. By the 2010 -2011 budget year, the city's total property value was 40 percent that of a 2007 peak. Depressed value means less tax and fee revenue, and the city had to slash budgets, reduce services and conduct layoffs. At the city commission's regular meeting last week, it got what seemed like the first good news in, well, forever. "We are seeing a tremendous boom in construction activity," interim development director Nancy Byrne told commissioners. Byrne said construction value, as measured by permit applications, is averaging $8 million a month, double the rate it had been in all of 2010. And since October, she said, the building division has collected 64 percent of what it expects to get all budget year in permit fees. "I'm sorry, Nancy. Can you repeat that again ?" a surprised Vice Mayor Bill Orlove asked. Byrne said Thursday the numbers reflect both new projects and renovations. "It's all over the city," Byrne said. "The projects that were approved and then stalled are being acquired by developers that are ready to pick them up and complete them." The Promenade now has sold more than a quarter of its units, although sales now are stalled by litigation. But other big projects are in the works. Three Publix stores are being torn down and rebuilt. The 308 -unit Seabourn Cove on Federal Highway, and Estates at Heritage Club at Gulfstream Boulevard are under way. And the JCPenney's at the mall completed a $3 million -plus makeover. The new numbers "are very encouraging," commissioner Steven Holzman said . "It looks as though people see Boynton Beach as a great place for investment and growth." Byrne said adjacent municipalities are reporting encouraging numbers also. Bonnie Lazar, president of the Realtors Association of the Palm Beaches, said Thursday, We are pleased to see the numbers." ountywide, she said, "commercial is going to be a very slow rebound. Residential is certainly doing much better." Byrne warned that, at least for Boynton Beach, digging out of the hole will take a while. "We were way beyond this in revenue in the boom time," she said. "We really hit the pits for a while there." Staff writers Kimberly Miller and Alexandra Clough contributed to this story. Total value of construction Year Amount Monthly average 2010 $48.7 million $4 million 2011 $82.9 million $6.9 million 2012* $16.3 million (projected) $8 million through February Habitat for Humanity building houses 99, 100 in Boynton Beach http: / /www.palmbeachpost.com/ news/ habitat- for - humanity - building houses -99- 100- in 2233172.html • N a b . 4 an y(� for Nom ky ,s, PPam ecx County, Inc. � ... Vt. Dozens of Bentley University students joined with other Habitat for Humanity South Palm Beach County volunteers to help put the roofs on two new project houses at Ocean Breeze West in Boynton Beach Monday, March 12, 2012. The students from the Waltham, Mass. business school are spending their spring break volunteering for the organization. Left to right: Jette Welch, Sindhu Palaniappan, and Leslie Dias helped construct a picnic table during the morning work By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 5:05 p.m. Monday, March 12, 2012 BOYNTON BEACH — When Charitable Louis was born in Haiti, he delivered late and his mother feared she'd lose him. Considering him a gift, she named him "Charitable." Now -- decades later, after moving to a new country, and with seven children and nine grandchildren -- he's the one getting a gift: his own house. On Monday morning, Habitat for Humanity of South Palm Beach County formally put the roof on the home that should be ready for Louis and his family later this summer. I hope for God to bless Habitat and all the members," Louis said through an interpreter. A housekeeper at Delray Medical Center, and living now in Delray Beach, he learned of the program at church. In its 20th year, this was the local Habitat chapter's 99th house. A few hundred feet to the south, the roof went atop No. 100. "Oh my gosh. It's priceless," gushed Jennifer Williams. The medical assistant and her two children, 16 and 8, have been living with her fiancee's mother. "This is a remarkable day," Habitat Executive Director Mike Campbell said in the dirt field at the 4'/2 -acre Ocean Breeze West site along Seacrest Boulevard in the city's Heart of Boynton neighborhood. It will be host 21 homes -- 11 built by Habitat and 10 by the Boynton Beach Faith -Based Community Development Corp. "This is one of the great pieces we are putting together in what I call a 'joy package, - interim Mayor Woodrow Hay said. For the first time ever, a single donor paid for a house. In this case, both. Two donors each gave $100,000, Campbell said. Applicants must show a need, be legal residents, have two years of employment, have no felony arrests, and must put in 500 hours building other homes or taking training. They also must be at their underway homes as often as their work allows, providing volunteers water, sunscreen and words of encouragement. Among those cheering houses 99 and 100 Monday: students from Bentley College in Waltham, Mass. Dozens have spent the last three spring breaks building Habitat homes in Palm Beach County -- better than freezing up north but not exactly Tying on the beach, either. "We get the gratitude of being able to help a family," said Jette Welch of Bow, N.H., a psychological consulting major. For now, the two 1,680- square -foot houses are lifeless gray concrete block. Soon they'll be homes, Page 1 of 2 Walsh, Margee From: Walsh, Margee Sent: Wednesday, March 28, 2012 5:12 PM To: Rothman, Mike Cc: Brooks, Vivian; Utterback, Theresa Subject: RE: Boynton Beach's new Bistro...Cuthill's Backyard Cuthill's brings Key West -style bar to Boynton Beach http: / /www .sun- sentinel.com /news /pal m- beach/ boynton- beach/fl- bbf- cuthill -0328- 20120328,0,1732445.story ts 7211‘ • 4 At the Cuthill's Backyard Bar, 511 NE 4th Street, Boynton Beach, the Saturday party is in full swing and the chef is preparing orders at a 1971 trailer used as a kitchen. Great article, Mike .thanks very much. Don't you love the "kitchen" airstream - trailer? Wonder what James Beard would have to say about that concept? © Hope you can stop by Cuthill's tonight for the Chamber Mixer. Best regards, Margee Boynton Beach committed to green initiatives throughout the city Read more: http: / /www.wptv.com /dpp /news /region s palm beach county /boynton beach /boynton- beach - committed -to- green- initiatives - throughout- the- city#tixzz 1 t4UQ6YiP WPTV, Channel 5, By Manssa Bagq, Posted: 04/24/2012 n BOYTON BEACH, Fla. - What was once bare land is transforming into one of the largest green communities in the country. This summer, Seabourn Cove will start offering residents energy- efficient housing that is designed to save them money. The windows insulate the homes better, the light bulbs last ten times longer, which translates to a cheaper electric bill. The first few buildings are already filling up with people attracted to the green design. "Someone who is interested in this lifestyle, in this environment, its close to the beach and the parks," says Vivian Brooks, Director of the Community Redevelopment Agency. The cost to make the housing green hovers around $2.7 million, an amount the CRA expects to get back in tax revenue. At the city library, another project, is ready for use. An electric car charging station is free for any driver. The chargers are set up around the city at different destination locations, like the beach and the library. That way people have something to do to pass the time while their cars charge. At Fire Station 5, Chief Ray Carter is very proud of the new solar panels on the roof which were built with grant money. They harness enough solar power to save the station $133 a month on its electric bill. "Our carbon footprint is less, were saving the environment, this power source is endless," says chief Carter. It's all part of Boynton Beach's bigger plan to lead the way in South Florida when it comes to being green. Energy- efficient rentals propped with public cash http: / /www. sun- sentinel.com /news /palm- beach /fl- largest - green - community boynton 20120425,0,4811761.sto Boynton Beach expects to pay out $2 million over 10 years By Ben Wolford, Sun Sentinel April 25. 2012 BOYNTON BEACH — Seabourn Cove, an apartment community nearing completion, has been an expensive, painstaking effort to build, involving special windows and lights, car chargers in every garage and a double ceiling, so air - conditioning ducts never pass through a hot attic. "Go to any other construction site, you'll never see that," said project manager Rick Lococo, a development partner with Gulfstream Gardens LLC, as he toured the top floor of an unfinished rental unit Tuesday. When it's done, the 456 -unit Seabourn Cove will be the largest sustainable- energy residential development in the country, developers said. But the Tampa -based company wouldn't have bothered if not for an infusion of millions in public money from the Boynton Beach Community Redevelopment Agency. An arm of city government, the CRA agreed to rebate about $2 million over 10 years from the tax revenue the complex generates. The project, at 3501 S. Federal Highway, sits on what was vacant property, city officials said. By mid -July, when the first residents could move in, Seabourn Cove will be a poster project in an effort to brand Boynton Beach as a leader in sustainable energy, developers say. "The county has looked at our city as a model for other cities," said Boynton Beach Commissioner Marlene Ross, who led an effort two years ago to create a "climate action plan" for the city. At the time, it called for reducing the city's greenhouse -gas emissions 18 percent by 2035. Gulfstream Gardens will pay about $2.7 million up front to outfit Seabourn Cove, which occupies almost 23 acres, with energy- saving technology. In March, the CRA agreed to pay 50 percent of new tax revenue generated by the project to Gulfstream Gardens. If revenue projections pan out, Gulfstream would get almost $2 million. If the revenue comes in under, the city still is on the hook only for 50 percent. Chris Barry, a land planner with West Palm Beach -based Jon E. Schmidt and Associates, called the incentive a creative way to spark development because it dodges a big up -front cost to the city. "It does take a decent amount of the risk out of it," Barry said. The builders took much into account, installing extra insulation and sealing off cracks where heat or cold can escape. The toilets use less water. And the high- efficiency light bulbs last more than 14 times longer than traditional incandescents. "Every light in here is a special type of light bulb," Lococo said. "You can't buy this at Home Depot. This is next generation." Tenants are signing up faster than they can build the units, Lococo said. After all 456 apartments are complete, it will be the largest project loaded with this much energy efficiency, according to the National Association of Home Builders. The rentals, which range from one - bedroom to three - bedroom units with balconies, go for about $1,100 to $1,700 monthly, Lococo said. But developers estimate residents will save 40 percent on electric bills and 20 to 25 percent on water. Hundreds march through Boynton Beach Saturday to 'Bury The Violence' Marching in memory of two murder victims http: / /www.wptv.com /dpp /news /region s palm beach county /boynton beach/ thousands - expected -to- march - through- boyn ton -bea ch- saturd ay -to -bu ry- the - violence 1! 1 y , : ,. i ce O il VW . 6 4 it 4 IP IIOYNTON 2'Bt�r tl�e Photographer: WPTV, Channel 5 04/27/2012, By: Marissa Bagg BOYNTON BEACH, Fla. - All along Seacrest Avenue in Boynton Beach the message is clear. A community rattled by violence will sit quiet no more. "To speak to a generation and let them know, we will not tolerate violence any longer," says pastor Lance Chaney. Church pastors and community activists planned for thousands to meet at City Hall Saturday, and march through the city to demand peace. "Engage our kids in the tough conversations, give those who are victims of crime an opportunity to speak," says pastor Chaney. The deaths of two sisters ignited this movement. Janice Rahming and Daphne Clemons were shot to death on St. Patrick's Day in their home. No arrests have been made. "When it has been difficult in the past to pull together, this event has galvanized the community to do something together," says pastor Chaney. The march is in their memory, and for the hope of the future of Boynton Beach. It begins with pounding the pavement Saturday, but will not end there. "We've been inside our houses and churches too long, we need to get out and meet neighbors and police, who serve us," says pastor Rae Whitely. "Some people think this is a one time event, but it's not a moment, it's a movement," says Pastor Chaney. Boynton strikes a deal with Fort Lauderdale firm on 1927 high school revamp http: / /www.palmbeachpost com/ news /boynton- strikes -a -deal- with - fort iauderdale - firm - 2335262.html By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 11:15 p.m. Tuesday, May 1, 2012 BOYNTON BEACH — The city tonight gave the go -ahead for a private entity's plan to convert the aged and abandoned 1927 high school building into a thriving destination. Commissioners voted unanimously to select Fort Lauderdale -based Lansing Melbourne Group. Its $9.1 million plan would double the size of the 30,000- square -foot building across from city hall and bring in a museum, a market and teaching areas, with retail and event space. The open field west of the building would become a private garden for events such as weddings. The other pitch came from Delray Beach -based New Urban Communities and the Palm Beach Museum of Natural History, which has 9,000 square feet of traveling exhibits on pioneer days and dinosaurs. They had proposed making the museum the old school's only tenant and the centerpiece of a campus of two -story buildings along Ocean Avenue. The buildings, designed like town homes, would house 75 rental residential units. Other buildings would house artists or businesses. Both proposals called on the city to give away the high school building to the developers. In the Lansing Melbourne plan, the city's Community Redevelopment agency also would contribute $75,000 a year. In the New Urban plan, the CRA also would donate nearby land it owns. The commission allowed up to four months for Lansing Melbourne to return with a full package and designs for approval, and for the CRA to have an outside financial institution study the project's financial viability. Staff have said renovating the high school building could cost millions. Commissioners also worried the building would lose its historic designation if it's altered too much. Lansing Melbourne officials said that wasn't their plan. James Carras, a Fort Lauderdale consultant hired by the Boynton Beach Historical Society, said it was "highly unlikely." He also said New Urban has problems; it proposes bringing in a "startup" museum with essentially no assets and requires the city to guarantee $180,000 in annual rent for the next two decades. Former Mayor Jerry Taylor offered a less idealistic alternative: leave a small piece of the high school building as a monument and raze the rest. "If you take that building down you will have commercial entities lining up to purchase that property," he said. But vice mayor Mack McCray disagreed. He recalled when the old Boynton Beach elementary school he'd attended was razed. "I watched grown men stand there and cry because they were tearing down history," he said. "Now I realize what they were saying." School daze finally ending? http : / /www. palmbeachpost .com /opinion/editonais /school- daze - finally- endin - 2337007. htmi By THE PALM BEACH POST Posted: 6:51 p.m. Wednesday, May 2, 2012 It would be great if Boynton Beach's historic high school could do for the city what Old School Square has done for Delray Beach. After decades of inaction, Boynton Beach wants to find out. Tuesday night, the city commission asked a Fort Lauderdale company to submit a plan that would convert the 1927 building into a community gathering place and educational center. Lansing Melbourne Group will be back in four months, at which time the commission must answer the only question that matters: Can the project - now estimated at $9.1 million - be financed? Three studies have concluded that renovating the school is key to redeveloping Boynton Beach's historic downtown. Two decades ago, coming out of a recession, Delray Beach turned the city's old schoolhouse into a multi -use focal point that helped turn Atlantic Avenue into a regional entertainment draw. Given city politics, the unanimous vote alone might be a sign of progress. We would be more hopeful if such a vote had taken place two studies ago, but this proposal is better than the one that relied on low- income housing. Maybe something can happen before the school turns 100. - Randy Schultz, for The Palm Beach Post Editorial Board Boynton complex gets national 'green' notice http:liwww. paimbeachpost.com /newstboynton- complex -qets- national - Green- notice - 2338017. html By ELIOT KLEINBERG Palm Beach Post Staff Writer Posted: 10:23 a.m. Thursday, May 3, 2012 BOYNTON BEACH — Seabourn Cove, going up on the south end of town, has been recognized by the National Green Building Standard as the nation's largest "green" multi - family community. The gated 456 -unit complex, on 23 acres on Federal Highway, just south of Gulfstream Boulevard and just north of the Delray Beach line, helps revitalize what had been a blighted stretch. It's expected to have its first tenants by mid - July. The city's Community Redevelopment Agency gave the site's developers tax money used to encourage "green" projects. Developers say the complex design will immediately result in about a 40- percent drop in individual power bills over comparable complexes. They hope one day to reach "net zero;" power generated by solar panels and other sources would provide electricity to all residents in the complex. Seabourn also will feature a 20 percent to 25 percent reduction in individual water bills. All garages in the 300 town homes will have electric car charging stations; two more will be in a common area. A system will collect and filter rainfall and return it to a fresh -water supply beneath the property instead of draining it into the nearby Intracoastal Waterway. The complex also will feature a quarter - mile -long "eco -art" promenade along its eastern boundary that will link to the city's planned Blueway /Greenway pedestrian trail and its counterpart just south in Delray Beach. The complex is being built in partnership with the city's Climate Action Plan; officials say it's the first such public - private collaboration in Florida. Because the city doesn't have the power to require such "green" measures from private business, it and the city's CRA offered Seabourn Cove's developers property -tax rebates totaling about $2 million over the next decade, which will cover much of the $2.7 million the developer will spend on the energy- savings program. Developers say it, in return, will build a complex that should increase property tax values. Seabourn is one of two developments in that area. The other: The Estates at Heritage Club, single - family houses and town homes at the northwest corner of Gulfstream Boulevard and Old Dixie Highway. Both projects originally had been slated as condos. They and a 93,755 - square -foot 24 -hour Walmart across the street that opened late last year serve as bookends of an intersection once known for an adult nightclub, closed stores and empty lots. The work can't come at a better time. While in the works for several years, it helps provide positive images for a city that was slammed by the real estate slump; by the 2010 -11 budget year, the city's total property value was 40 percent that of a 2007 peak. Depressed value means less tax and fee revenue, and the city had to slash budgets, reduce services and conduct layoffs. While there's a long way to go, the city's interim development director told commissioners at a March meeting that construction activity is up considerably. Developers eye real estate in Boynton Beach Projects on the rise in uncertain economy http: / /www.wptv.com /dpp /news /region s palm beach county /boynton beach /developers- eye - real - estate- in- boynton -beach WPTV, Channel 5, 05/04/2012 Reporter: Marissa Bagg BOYNTON BEACH, Fla. - The days leading up to Mothers' Day are a rush for florists. It's the weeks afterward that can get rough. "Last summer was terrible, it was really bad for us last summer," says Lynda Tatara. Tatara owns The Blossom Shoppe, which has been her family business for about 50 years. She's seen new stores along Ocean Avenue come and go, and she hopes a new restaurant about to open down the street will help boost her business through the summer. "We'll be glad when people open up, because it'll bring more foot traffic to the street," says Tatara. The Little House restaurant is just one of several projects filling up the landscape in Boynton Beach. The city has issued close to $200 million worth of construction permits since 2009. From Seaborne Cove on Federal Highway, to Renaissance Commons on Congress Avenue, the city is getting a lot of attention from developers looking to build family homes and condominiums. "We've seen stalled projects now acquired by new developers and they're bringing projects out of the dirt, so development is alive and well in Boynton Beach," says Nancy Byrne, the Interim Director of Development in Boynton Beach. Those who grew up in Boynton Beach like what they see, "I've noticed those changes and it's always busy now, there's great food and restaurants lots to do," says Gabriel Schnirman. Signs the city's local economy is stepping in the right direction. "When the season ends that's when we'll be able to tell the difference if the traffic is still coming up and down here," says Tatara. The direction Tatara hopes her business will follow. Boynton gives business, homeowner leaders pep talk http://www.palmbeachpost.com/ money /boynton - gives- business - homeowner- leaders- pep- talk - 2340431. html By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 6:03 p.m. Friday, May 4, 2012 BOYNTON BEACH — The city broke bread Friday with area business and neighborhood leaders, hoping to pump them up with a pep talk about a city on the rebound. "That's why were here today," interim City Manager Lori LaVerriere told about 60 member businesses of the Greater Boynton Beach Chamber of Commerce and about 40 heads of area homeowners' associations. They'd met for lunch at the venerable Boynton Woman's Club for "Building a Better Boynton Beach." The city's image has taken a beating in recent years. Crime. Depressed real estate. Struggling city budgets. And, most recently, the arrest of its mayor. But the city wants to talk up its mid - county location, access to beaches and the Intracoastal Waterway, its downtown and new marina, its growing artist colony, and its parks and neighborhoods. And that there already are indications the economy and real estate are starting to turn around. "We're tired of talking about the bad economy. We see a silver lining," LaVerriere said. "We are ripe for a change." Community Redevelopment Agency Executive Director Vivian Brooks said, "Boynton is the last coastal city left to redo. It's our time." The group also saw marketing consultant Dale Carlson's presentation of the city's "branding" program to push its positives. "It's time to step back and say, 'Hey guys, the secret's out, "' Carlson said. "Everybody's working toward a common goal to build a really neat town," Chrissy Benoit, who's opening a restaurant in the historic Ruth Jones Cottage, told the luncheon. The CRA spent about $1,400 for the lunch and the city about $200 for mailings. CRA chief says Boynton Beach is at start of something big http: / /www.paimbeachpost.com /news /cra- chief - says- boynton- beach- is -at- start 2342383 I May 5, 2012 , by ELIOT KLEINBERG Palm Beach Post Staff Writer Vivian Brooks, CRA Executive Director Vivian Brooks just completed her first year running a $7.5 million company: the city's Community Redevelopment Agency. Hired in 2004 as its planning director, she became interim director in October 2010 and director in April 2011. The 54- year -old North Miami Beach native is married with three children. Q: What projects are highest on your agenda? BROOKS: Completion of the marina. Redevelopment of the high school. And creation of public parking for next year. It's going to be big for us. We're exploding with activity on the Ocean Avenue corridor. Q: What about the high school? (Commissioners last week selected a developer's plan to convert the 1927 building). BROOKS: It's something that's been sitting there dark and vacant. It's hard to activate an area when you have that sitting there. It means a lot to have something potentially happening. Q: What do you hope to see at the 4.7 -acre lot along Federal Highway south of Ocean Avenue? It's been lying empty for more than six years. BROOKS: We would love to work with (the owners) to create an incentive package for whoever (develops) it. Love to help them create something special there that would be a great asset to the downtown. I'd love to see a specialty grocery store and public parking. Q: Some critics don't believe the city's on the rebound, and that the CRA's projects are just "lipstick on a pig." BROOKS: Would they have us not investing in our community? Our state statute says that we have to take the money that's in the trust find and invest it in the community in certain ways. The way you invest it, it should be visible to the community. You may call it "lipstick on a pig." I call it "investing so people can see it." Visitors or investors, business owners, can say, "Oh, they're doing something. They're improving this place. Maybe 111 improve my place. Maybe I'II put a business here." Q: Why hasn't Boynton Beach been able to reach the success of other downtowns? BROOKS: West Palm Beach, Delray and those areas had an infrastructure of a downtown. Boynton never had that. We never had the buildings. We're having to start from scratch. You have 2 miles of Federal Highway which were very blighted. We had three strip clubs. We had a lot of crime. In order to invite people into your house you had to clean it first.... You really have to have your game on and use all your brain to work here. I find it to be the funnest job I've ever had. Q: Is there a catch? You can't revitalize without money. But you won't generate money until an area revitalizes. BROOKS: Rather than taking things in big chunks, we're biting it off in smaller pieces. That's what cities are doing. That's why they have five -year plans. Q: Do festivals and green markets really accomplish your goals? BROOKS: If people think a place is unsafe, and you bring people out and they don't have a problem, and they have a good time, that changes people's perceptions. Every event we have, attendance outdoes the previous one. ... If you read about cities and what makes them work and not work, you'll understand that what makes people come back to cities is a special place and special memories. And you have to create those. Boynton leaders cast city in a positive Tight Negative perception is a misconception, marketing consultant says http: / /articles. sun- sentinel.com/ 2012- 05 -05/ news /fI- economic- rennaisance- boynton- 20120504 1 city - 1 eaders-cuthill-s- backyard - poor - schools May 05, 2012 I By Ben Wolford, Sun Sentinel BOYNTON BEACH — City and business leaders are working to shed Boynton Beach's reputation as corrupt and crime - ridden, or, as a marketing consultant said, the Rodney Dangerfield of Palm Beach County." In a presentation to residents, they detailed multimillion - dollar investments, and the investors themselves explained why they chose to pour money into the county's third - largest city. I think Boynton's going to take off," said James Hall, owner of a new bar, Cuthill's Backyard, on Northeast Fourth Street. He spoke to homeowners association presidents and city leaders in a Boynton Woman's Club meeting room. Dale Carlson, a marketing professional hired by the city to lead its branding effort, said she had notions of the town before she took the job. "Boynton Beach has had kind of a tough reputation, and the survey reinforces that," Carlson said. A 2011 survey confirmed that residents believed Boynton Beach had poor schools, no downtown and a high percentage of senior citizens. They thought the city was a haven for criminals and corrupt public officials, she said. High - profile cases no doubt stoked public skepticism. Just in the past year, four Boynton Beach police officers were arrested on various charges, and the mayor was charged with corruption and suspended from office. But city leaders Friday insisted the perceptions are baseless. Crime has fallen, the schools are in line with those of neighboring cities and the elderly population was also comparable, they said. "We could have chosen any city," said Rick Lococo, a Tampa developer working to build Seabourn Cove, a massive sustainable apartment complex. He said the quality of the city's infrastructure and the proximity of big employers helped persuade the company as it conducted market studies. City leaders outlined other projects they're working on, including a deal with a Melbourne -based firm to renovate a crumbling old high school and a new restaurant, The Little House, on the corner of East Ocean Avenue and Southeast Fourth Street. "I'm totally digging Boynton Beach," said the owner of The Little House, Chrissy Benoit. bwolford @tribune.com or 561 - 243 -6602 or Twitter @benwolford Boynton Beach CRA delays meeting until May 15 Page 1 of 1 The Palm Beach IFkSt Print this page Close Boynton Beach CRA delays meeting until May 15 By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 10:23 a.m. Monday, May 7, 2012 Posted: 5:53 a.m. Monday, May 7, 2012 Boynton Beach's Community Redevelopment Agency has moved this month's meeting from Tuesday to 6 p.m. May 15. CRA Executive Director Vivian Brooks said last week that the agency had a light agenda and opted to meet just before the 6:30 p.m. regular city commission meeting as a matter of efficiency. The CRA board is composed of city commissioners and two outside appointees. Find this article at: http: / /www. palmbeachpost.com/news/boynton beach - cra - delays meeting - until - may 15 2343726.html Print this page Close F . A 0 r � t tlI St SUBWAY' �� otK K « Willmar* * , • „e, 11WWW ?Wiwi at DCIIIIf Owens n Boynton Beach CRA s• Pa e 1 of 1 %, 9 b N (St C eon on 1.nit- We ii 9 ! .s teetie catek Voefifrte(ket i _ ,_ _.. ..--.........„ _ ( 4 4 \ ,, pt , f* t M i I , t, 4 I GO FAST! GO FISHING! GO FOR IT! Enjoy outdoor activities at the Boynton Harbor Marina, take advantage of free downtown special events or shop for Spring -time sales! 464 # iri -- t -' \VATLQFRONT (Rit_l.L. hoogeorgesrestaurant.com ' ° .. Boynton Beach + Community Farmers 3 Market Schoolhouse Children's .t - MUSEUM . LEARNING CENTER ,, ,ts.,,,tivi.,= J4= ool schhousemuseurn.org , x } i w A 1Ms 1 ra 1 iE Your Tropical Port for Fun! hoyntonharbormarina.com sponsored by: BoyntonHarborMarina.com BOYNTON r R A z BEACH 1 Dive shop an obstacle to Boynton vision, city says http: / /www. sun - sentinel.com/ news /palm- beach /boynton- beach /fl- dive - shop - obstructinq - boynton- vision- 20120508,0, 3232460. story .rQ D r pO af i l l i, 0 010:410011 , 1 - 5 WV, � ii r I it �'w n ; IOW a le n The Boynton Beach Community Redevelopment Agency wants to demolish this two story building at the Boynton Harbor Marina that once housed the Splashdown Divers dive shop and is still home to the Sea Mist III drift fishing boat. By Ben Wolford, Sun Sentinel ,10:44 p.m. EDT, May 8, 2012 BOYNTON BEACH— City leaders want to tear down a mostly vacant building on a budding marina, but Palm Beach County commissioners again stalled their plans to make way for a park at the water's edge. In Boynton Beach, redevelopment has been slow to take root, outpaced by its Palm Beach County neighbors. The marina, local officials say, is a keystone project that will attract people downtown. From Jupiter to Dania Beach, waterfront development is a way to drum up business, tourism and jobs, urban planners say. In South Florida, where extensive canals let boat owners dock in their backyards, water access is paramount. "It's a lifestyle," said Frank Schnidman, director of the Center for Urban Redevelopment Education at Florida Atlantic University. A massive hotel and marina project in Jupiter has been in the works for years. In Dania Beach, a canal dredging effort is underway to make room for bigger boats. And Riviera Beach has authorized millions for marina -area redevelopment. Boynton Beach, too, has spruced up its marina over the years. Since the Community Redevelopment Agency purchased it in 2006, it has spent more than $9 million there, officials said. They renamed it the Boynton Harbor Marina, hung light -post banners and renovated an entryway lighthouse. The city has made other development progress in the last month. The CRA reached an agreement with a restaurateur to put an eatery in the historic Ruth Jones Cottage. And a developer is trying to restore a decrepit, unused high school near City Hall. At the moment, it seems city redevelopers have one main hurdle: the old former dive shop. "We're continuously trying to improve that marina, and this dive shop is not conforming to that vision," said City Commissioner Bill Orlove said. The city redevelopment agency and the City Commission have been trying for months to demolish a quaint, decades -old building. They want to landscape the area and turn it into a park as part of their effort to increase public access to the water. "This is a magnet for putting feet on the street," said Schnidman, the Florida Atlantic professor. But a former tenant, Lynn Simmons, is fighting back. She says the city drove her from the 3,000- square -foot building, something city commissioners deny. Simmons moved her business, Splashdown Divers, into a strip mall across the street in January, but business has plummeted, she said. "Last month my big sale was a snorkel," she said. She'd like to move back into the old dive -shop building, but the rent is too high, she said. Her charter boat is still docked, along with four other commercial vessels, in the 19 -slip marina. The County Commission has questioned whether tearing down the building is a job - friendly move. Palm Beach County voters in 2004 approved borrowing $50 million to protect public access to "working waterfronts." Boynton Beach secured $2 million of that money to renovate boat slips and design a master plan for the marina. On May 1, the County Commission again tabled the demolition and asked Boynton Beach officials to work with Simmons. "Best -case scenario, the people who have the power will realize the best solution is to save the building, renovate it and make it a pretty little building like the lighthouse," Simmons said. The CRA denies any effort to stall a business or stamp out jobs. They point to available commercial space steps from the old dive shop, insisting the aesthetics of a waterfront park will entice people into a nascent Ocean Avenue entertainment corridor "We're very supportive of the dive industry," said CRA Marketing Director Margee Walsh, who, along with CRA Development Director Mike Simon, declined to speak in detail about Splashdown Divers. "We also encourage all of our small businesses in the CRA district." Boynton Beach — a city without any actual beach access — recently began a branding effort to recast itself as a destination, emphasizing its on- the -water heritage. One city slogan begins, "Catch a wave, catch a fish." Simon called the marina project an "anchor" to the city's rebirth. "It is an obstacle to our redevelopment effort at the marina," City Commissioner Marlene Ross said. "Now the marina is in limbo." bwolford @tribune.com or 561 - 243 -6602 or Twitter @benwolford Group forms to unite others against violence in the city http: / /www. sun- sentinel.com/ news /palm- beach /bovnton- beach /fl- bbf- violence- 0509- 20120509,0.4035392.story Boynton Forum, Mike Rothman mkrothman @tribune.com May 9, 2012 The week following the March shootings of Janice Rahming, 54, and Daphne Clemons, 41, resident Rae Whitely said he'd seen enough. He wanted to see if others like him were sick of the violence in Boynton Beach. He put out a Facebook message to see if anyone was interested in taking action, and 12 people responded in just a few days. Whitely and others founded Boynton United, a group that has reached out to local churches and the city's Community Redevelopment Agency, looking for change. "We talked to Vivian [Brooks, CRA executive director], we talked to the mayor and the more we spoke, the more enthused people were to help us," he said. On April 28, Boynton United had its first event, a Bury The Violence walk. "There were about 4,000 people there," Whitely said. "The band was playing and people just joined in when they heard the music." In a Pied Piper sort of way, Whitely said people would just come out of their homes and join the peaceful march. "We had a pep rally in the morning, then the march and a leadership summit at 6 p.m. to see if anyone was interested in joining the group," he said. One unexpected outcome of the walk was the formation of an 87- member Unity Choir, Whitely said. People from all walks of life joined the choir to sing during the event and have since decided to stay together and perform at future events. "Haitian, black, white and Spanish all took part," he said. "We have already committed to perform May 11 at St. John Missionary Baptist Church." The group has planned other events such as "Does it Still Take a Village to Raise a Child ?" set for later this month. Margee Walsh, CRA marketing director, said her organization thinks the strong turnout was a wonderful way for the community to show its support. "Everyone is concerned and wants to shed positive light of what's going on in Boynton," she said. Walsh said she was impressed with the fact that Boynton United is a separate entity formed through a grassroots campaign from within the community. She said the CRA will look at uniting with the organization for future events. "Everyone gathered at City Hall, then traveled north on Seacrest Boulevard," she said of the march. "There were neighborhood speeches and local talent combined with messages from different churches." For information on Boynton United, visit boyntonunited.com. For information on the CRA, call 561 - 737 -3256. BOYNTON cRA BEACH CRA BOARD MEETING OF: May 15, 2012 1 Consent Agenda 1 X 1 Old Business 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project SUMMARY: On May 1, 2012, CRA Executive Director Vivian Brooks and Development Director Michael Simon attended the Palm Beach County Board of Commissioners (PBCC) meeting along with Mayor Woodrow Hay, Commissioner Bill Orlove and CRA legal Counsel, Jim Cherof, in support of the CRA's desire to demolish the existing building at the Boynton Harbor Marina. Despite the efforts of those in attendance representing the CRA, the PBCC moved to table their decision for an additional 30 days to grant the CRA's request and again directed the CRA to continue to find a more suitable resolution with Ms. Simmons (minutes under Attachment I). CRA staff has contacted the various owners of the vacant commercial units located on the ground floor of the Marina Village Towers as a possible option for the relocation of the Ms. Simmons dive shop. While there are several units for sale, the costs far exceed the financial commitment the CRA Board has made to support Ms. Simmons relocation thus far. CRA staff is seeking Board direction as to the level additional of assistance, if any, they are willing to provide to Ms. Simmons. It is the majority desire of the PBCC to have her relocated back into the marina area in order to gain their support for the demolition of the existing building. Construction design plans for the CRA Board approved Marina Open Space project (images under Attachment II) were submitted to the City's Building Department on December 27, 2011 and have received permit approval. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan RECOMMENDATIONS: Provide staff direction with regarding the level of additional assistance to provide to Ms. Simmons in order to be relocated back into the marina area. / Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \May 2012 \Outcome of May 1st PBCC Mtg on Dive Shop Bldg.doc ATTACHMENT I Agenda Item #: 4D PALM BEACH COUNTY BOARD OF COUNTY COMIVHSSIONERS AGENDA ITEM SUMMARY Meeting Date: May 1, 2012 [ ] Consent [X] Regular [ ] Ordinance [ ] Public Hearing Department: Facilities Development & Operations 1. EXECUTIVE BRIEF Motion and Title: Staff requests Board direction: regarding the request from the Boynton Beach Community Redevelopment Agency (CRA) to amend the Declaration of Covenants and Restrictions encumbering the Boynton Marina to allow the CRA to demolish an existing building formerly housing the dive shop. Summary: The Board considered the CRA's request on January 24, 2012. In response to concerns regarding relocation of the Splashdown Divers dive shop, the Board requested that options to accommodate the dive shop be explored, including providing space within the new /replacement building or renovation of the existing building. Providing space in the proposed new /replacement building is not a viable option as it is in a poor location for the dive shop, is limited in size to 1,500 sf by a Settlement Agreement with the adjacent Marina Village condominium, and the condominium is unwilling to allow an increase in the building size for a retail/dive shop use. Renovation of the existing building could accommodate both the dive shop and the public restrooms desired by the CRA. However, this option would require the CRA to both perform a costly renovation of the existing building and construct a separate 200 sf dockmaster's office as required by the Settlement Agreement with the adjacent Marina Village condominium. The CRA feels that renovation of the existing building would be the most costly option and is not in accordance with its master plan for the marina which would replace the building with open/green space. The CRA is again requesting that the Board allow the CRA to demolish the existing building. If the Board does not approve demolition, the CRA is likely to abandon the project and leave the building in its existing condition, as the Declaration does not require renovation of the existing building, nor does the Declaration require the CRA to lease the existing building to Splashdown Divers. Splashdown Divers agreed to a September 2011 Final Judgment requiring it to vacate the building and has relocated to new space across the street. (PREM) District 4 (HJF) Background and Justification: A copy of the January 24, 2012, Agenda Item is attached which provides additional background information. The CRA has submitted the materials attached as Attachment 2 responding to questions /comments raised by the Board. Attachments: 1. Location Map /Site Plan 2. April 6, 2012, correspondence from the CRA 3. January 24, 2012, Agenda Item Agenda Item is more than 50 pages and may be viewed in Minutes Recommended By: j C , 4\`i M'tn .. J I Li (l 3117 I Departure t Director Date Approved By: �tl1 / �— County Administrator D to II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2012 2013 2014 2015 2016 Capital Expenditures Operating Costs External Revenues Program Income (County) In -Kind Match (County � � NET FISCAL IMPACT -X S.62_ �"` f - tiO # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes No Budget Account No: Fund Dept Unit Object Program B. Recommended Sources of Funds /Summary of Fiscal Impact: - k7 No Fiscal Impact. C. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments: I d 1 11 1 i/t/N-- IIO/o- "Addi:abli OFB �y k Cpn act Dev-�{.!s ent and Con t .1 � C ∎ y �� B. Legal Sufficiency: 04/2_ iA ty Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. G :\PREMAGENDA\2012\05 -01\Boynton Beach CRA.docx Attachment "1" Location Map i a✓-L IQ il "k2`° ill 11 1 OA � . 4141I.'—% . atr 1 7 1 � � I' � 6,t 1 ��' J l . ` 1 , . 4s i a ti 1 fit' . 1 ;- i • 1 1 11 1 �.J ' # i • � I I I ® v 1" J 16 I P ; 1 ; y . 1i1� . , 1 ..--. — r > i ' "'I i 3r T ,i 1 - --- ilt_DI 1 . r 1 i D ,el ! i i 0 "r ." 1. , fi 4 n q . 4 ":' ,AV 3 I r O z 0 ..ter _ter'- :�_• -, c ,L_ Y.''S'.., PI PO • • Attachment "2" RECEIVED APR 0 6 2012 BOYNTON cRA •. BEACH April 6, 2012 Honorable Shelley Vana, Chair Palm Beach County Commission 301 N. Olive Avenue West Palm Beach, Ft 33401 Re: Continuation of 1/24/12 Agenda item 5C1 Boynton Beach Community Redevelopment Agency Request for Waiver of Grant Conditions Dear Chairperson Vana, Please recall that the Boynton Beach Community Redevelopment Agency (" BBCRA") appeared before the Board of County Commissioners ( "BCC") on January 24, 2012. The BBCRA request for authority to demolish an old structure (by means of waiver of restrictive language In an easement) was tabled but Is scheduled for further consideration on May 1, 2012. In preparation for the BCC meeting on May 1, 2012, we wish to submit for inclusion in the BCC agenda backup the information requested by the County Commissioners at the January 24, 2012 meeting as well as a few additional documents that may be helpful to the Commission's review of the BBCRA request, The minutes from the BCC meeting (See Exhibit 1) state that the BBCRA's request to demolish the existing building will displace an existing Manna use/tenant " That statement 1s not correct. As of the date of the BBCRA's presentation the former building tenant had vacated the building pursuant to a Consent Final Judgment entered on September 22, 2011 by the Honorable Donald W. Hafele, Grcuit County Judge (See Exhibit 2). The former building tenant has relocated its business to Ocean Avenue, which borders the Marina on the south and is less than two hundred yards from the previous building, The former building tenant remains a boat slip tenant and continues to operate a dive boat in the Marina under terms superior to the other boat slip tenants and has priority standing to receive monetary incentives from the BBCRA; all as set forth in the Consent Final Judgment. The BCC minutes indicate that the BBCRA "acquired the Boynton Beach manna in 1996." This is Incorrect. The marina was purchased by the CRA on March 6, 2006 for $4,775,000. The minutes also state that the BBCRA was seeking "a waiver from the Waterfront Preservation Easement requirement .,, for construction of the new building on publicly owned land." This i5 also incorrect. The BBCRA is seeking a waiver to construct a waterfront open space park for use by the public and patrons of the marina businesses on CRA owned land. Public accessibility to the marina is of paramount Importance to the viability of the marina a9d fulfills a longstanding commitment by the City and BBCRA to prevent the marina from becoming a private development Inaccessible to the general public 710 N Federal Highway, Boynton Beath, FL 33435 Ph: 561- 737 -3256 Fax: 561-737-3258 www.boyntonbeachcra.com • • • • • • • April 6, 2012 Honorable Shelley Vana, Chair Palm Beach County Commission Page Two The BCC requested that BBCRA staff seek a design compromise on the proposed dock master, public restroom building to incorporate an additional 1,200 sq. ft. of retail space. The portion of the marina which was the subject of the BCC discussion is not within the Waterfront Preservation easement, is owned by the BBCRA, but is governed by a recorded deed restriction that is part of the Special Warranty Deed (Exhibit 3) by which the BBCRA acquired the property. The deed restriction limits the size of a building to 1,500 square feet. The deed restriction runs in favor of the Marina Village Master Association Board. In furtherance of the BCC request, BBCRA staff attended the Marina Village Master Association Board meeting on February 7, 2012 to see if the Association would waive enforcement of or amend the deed restriction to allow for more retail space. The Association is not in favor of amending the deed restriction (Exhibit 4). Additionally, since the parcel is adjacent to a long time occupant of the Marina (and one of the most successful business in the area,) the Two Georges Restaurant, CRA staff felt it was important to approach them about adding retail space. They too were not in favor of additional retail on the site. (Exhibit 5) There were comments made by several County Commissioners at the meeting that the current building is historic. According to the Gty's Historic Preservation Planner the building, albeit old, is not historic. (Exhibit 6) The BBCRA Board previously considered the merits of preservation and rejected preservation in favor of development of the site for public access. The building would serve few at considerable cost for rehabilitation while the public access that Is planned would serve many; a wiser expenditure of public funds. Another comment by a Commissioner was that the new proposed building was made of 'sticks". That is not accurate; the new building will be built to the Florida Building Code and will be built of concrete. (Exhibit 7) The redevelopment plan for the Marina has significant support by the Oty, Its residents and business owners Marina (Exhibit 8). The acquisition of property in the Marina by the BBCRA and the formation of the Marina redevelopment plan have undergone extensive public scrutiny over the years. An area of the City, once derogatorily but accurately referred to as the City's "rat -hole" has been redeveloped, with the County's grant assistance, into a beautiful and thriving point of entry to Palm Beach County's waterways. The demolition of the building in question is the last action necessary to fully realize the redevelopment dream of many City and County residents. We hope that the County Commission agrees that Boynton Beach is investing in the marina to ensure its long -time viability and allow access to all dtizens of Palm Beach County. Therefore, we respectfully ask the County Commission to grant the BBCRA's application. Sincerely, 4h Woodrow Hay Mayor cc: Commissioner Steve Abrams, Vice Chalr Commissioner Karen Marcus Commissioner Paulette Burdick Commissioner Aaronson Corr missioner Jess Santamaria Commissioner Priscilla Taylor Robert Weisman, County Administrator . ,nerlfr of piirAftwar.ReARES -fa lbn ens• Enc. EXHIBIT 1 • • • Page 68 of 86 Marcus Yes Maker Santamaria Yes Taylor Yes Seconder Vana Yes 5.A.7. TIME CERTAIN 1:30 P.M. Closed Executive Session 5.A.8. RECEIVED AND FILED: Proof of Publication of the advertisement of the adopted Ordinance reflecting new commission districts legal boundaries as required by the Constitution of the United States, Constitution of the State of Florida, Florida Statutes and the Federal Voting Rights Act. SUMMARY:On December 20, 2011, the Board of County Commissioners adopted new commission boundaries based on 2010 census. Florida Statute 124.02 require a certified copy of the Ordinance approving revised commission districts, including their legal descriptions, be published once a week for two consecutive weeks in a newspaper published In Palm Beach County. The required publications were advertised on December 31, 2011 and January 7, 2012. in addition, Florida Statute 124.03 require the Clerk of Courts of Palm Beach County to submit to the Department of State a certified copy of the minutes of the Board acknowledging the required advertisement of the adopted Ordinance reflecting the description of new commission districts. C ountywide (LB) (Admin) (POP 6447310R) MOTION to receive and file the proof of publication carried 7 -0. Aaronson Yes Abrams Yes Burdick Yes Marcus Yes Maker Santamaria Yes Taylor Yes Seconder Vana _ Yes 5.B. COMMUNITY SERVICES 5.B.1. DELETED 5.C. FACILITIES DEVELOPMENT & OPERATIONS 5.C.1. POSTPONED: a request from the Boynton Beach CRA to amend the grant conditions (specifically Declaration of Restrictive Covenants) to allow demolition of a building within the Boynton Beach Marina allowing for the redevelopment of the overall property in accordance with the CRA s Master Plan. SUMMARY: In 2006, the County provided the CRA $2M (R2006 -1919) in grant funding under the $50M Waterfront Preservation and Access Bond to assist In the CRA s acquisition of the Boynton Beach Marina. A Declaration of Restrictive Covenants was recorded to; 1) restrict the use to public marina purposes, 2) require that at least eight (8) boat slips remain available for Charter /Commercial operations, and 3) require that an existing two story building used for Marina office, restrooms, dive shop and classroom be used for public Marina purposes. The Declaration further restricts any construction, renovation or alteration which would materially alter the Marina and/or otherwise impair, restrict or eliminate existing Marina uses. A key objective In the CRA s master plan is to provide ADA accessible bathrooms in a location accessible to the overall Marina. rn thsit pn the City analyzed options for renovating the existino two story building. The analysis • • Page 69 of 86 concluded that due to the building s age, condition and non - compliance with current codes, that at would be more cost effective to constrict a new building than to renovate the existing building. The CRA proposes to demolish the existing building and construct a new building in a new location as depicted on their master plan. The new building is proposed to Include public bathrooms and a Marina office, but will not include space for a dive shop operation This.will drspJaoe an,exieting Mi rrna useitenant. The City will present an overview of their master plan for tie Marina and support their plan to demolish the existing building and displace the existing dive shop operation. The actions proposed by the CRA require Board approval pursuant to the Declaration. (PREM) District 4 (HJF) Property and Real Estate Management Director Ross Hering stated that The ..Boynton. Beach Community Redevelopment Agency.ICRA) acquired the 30ypton Beach.Marl rain- 1998. Since a declaration of restrictions had imposed some limitations on changes to the marina s layoutand use a building oontaihing tenants would be dehlb(fshred. Vivian Brooks, CRA director, during a presentation said that: A 2008 marina master plan was adopted by the CRA board and by the City of Boynton Beach (City) to enhance the downtown district and its marina structures and activities. An engineering analysis of an existing dive shop revealed that $358,000 was required to bring its condition up to code. While public restrooms and changing area facilities were needed, the CRA considered the building too expensive to renovate for those needs. A new marina building limited to 1400 square feet under the City s deed restriction was proposed to contain a dockmaster s office, a ship s store, public restrooms, and changing areas. Gasoline and diesel fuel pumps would be upgraded for boat refueling on the Intracoastal Waterway. The $325,000 project construction was proposed for the next fiscal year A waiver from the waterfront preservation easement requirement was sought from the City for construction of the new building on publicly owned land. (CLERK S NOTE: George Culver added his comments earlier in the meeting. Page 77.t PUBLIC COMMENTS: Dan Volker, Elwood S. Gerhard, and Terry Brabham (CLERK S NOTE: Commissioner Burdick left the meeting.) ADDITIONAL PUBLIC COMMENT: Lynn A. Simmons. MOTION to receive and file a petition submitted by Lynne A. Simmons carried 6-0. Aaronson Yes Seconder Abrams Yes Burdick Absent Marcus Yes Maker Santamaria Yes Taylor Yes Vane Yes ADDITIONAL PUBUC COMMENTS: JoLynn Slebodnik, Coleen Jones, Ed Tichenor, Sandra Edwards, • • • • Page 70 of 86 Terry St. Jean, and Alexandria Larson. (CLERK S NOTE: Commissioner Taylor left the meeting.) Commissioner Marcus commented that a changing area may not be needed, and that a different design might allow space for a dive shop. CQmmissioner.Santamana• saidtfiat statf'should seek a design.c¢rmlareMise. Commissioner Aaronson said that the dive shop was an important component that deserved space in the newblilldirig. MOTION to postpone the item for 30 days to allow staff time to secure a workable solution. Motion by Commissioner Aaronson, and seconded by Commissioner Marcus. Commissioner Marcus agreed tat a dive shop was an' important marina feature. Commissioner Vana said that demolfshingthe existing building and not 'assigning dive -shop space in a new building would effectively put the dive4shop out of =business. Commissioner Aaronson pointed out that diving was important to tourism and jobs. He said that during the 30-day postponement, the CRA. could cmeet with staff and work toward a solution to accommodate the dive - shop owner s. space requirements. UPON CALL FOR A VOTE, the motion carried 5-0. Aaronson Yes Maker _ Abrams Yes _ Burdick Absent Marcus Yes Seconder Santamaria Yes Taylor Absent Vana Yes BOARD DIRECTION: Commissioner Marcus said that direction could be provided to Mr. Hering in a suggestion for staff to review the CRA s information and indicate that the building s tear -down may not be necessary, and that renovation was an option. 5.C.2. Pages 71 -73 5.C.3. Pages 73 -76 5.D. PLANNING. ZONING & BUILDING 5.D.1. A) R -2012 -0209 ADOPTED: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for a total of one (1) historic property located within the City of Delray Beach; and, B) R- 2012 -0210 APPROVED: a restrictive covenant for the historic property, requiring the qualifying Improvements be maintained during the period that the tax exemption is granted. SUMMARY: The Resolution will authorize a County tax exemption for the following historic EXHIBIT 2 • IN THE CIRCUIT COURT OF THE 1S JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502010CA01245370:XxMB(AB) SPLASHDO DIVERS; INC., Plaintig . v. .. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, • Defendant. AGREED FINAL JUDGMENT THIS CAUSE came before this Court pursuant to the Joint Stipulation for Entry of Agreed Final Judgment. The Court, having considered the Joint Stipulation, and being otherwise duly advised in the .premises, it is hereby • ' p er � { . � � r � :. • S � , y �� — � ,{:.\:�=. . • .. OR D$RED AND.-ADJUDGED 41a1: '.•. d te e . (•- • Y.. 1. 'The Joint Stipulatioa APPRO'VLD: _ Defendant, BOYNTON BEACH COMI1s[JNTI`fl REDEVELOPMENT AGENCY, • shall offer Plaintiff, SPLASHDOWN DIVERS, INC., with a lease for a boat slip at the Boynton Harbor Marina for a period of seven (7) years ( "slip lease ") commencing on. October 1, 2011. The monthly rental fee for such slip lease shall be determined annually by the annual prevailing rate for a lease of the same or similar slips in the Boynton -Harbor. Iv4arina. The remaining terms and conditions of such slip lease shall be equivalent to the slip leases offered to other slip. occupants of the Boynton Harbor Marini Nothing herein shall. limit the CRA from exercising its rights in the event of a breach o#`the slip lease terms and conditions by Splashdown. 3. Defendant, BOYNTON B ?ACfI 'COMMUNITY REDEVELOPMENT AGENCY, shall provide Plaintiff, SPLA an $18,750 credit toward monthly rental fee payments for the slip lease. Such credit shall be applied month -to -month during'the term of the slip Page I of 3 CASE NO.: 502010CA012453X]OO MB(AB) lease. Early termination, assignment, or transfer of the slip lease, or any other occurrence which resultant SPLASHDOWN DIVERS, INC. discontinuing use of the slip, shall extinguish the then- remaining balance of the credit 4. Plaintiff SPLASHDOWN DIVERS INC., shall vacate the property located at 700 Casa Loma Boulevard, Boynton Beach, Florida (the Premises) on or before December 31, 2011 at 5:00 p.m. If SPLASHDOWN DIVERS, INC. fails to vacate the Premises at such time, final judgment. for •possession of the Premises in favor of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, shall become effective at 5 :01 p.m. on December 31, 2011. No further action or court proceedings shall be required, and the Clerk of Court is directed forthwith to issue a Writ of Possession to the Sheriff directing him to put the BOYNTON BEACH COMMUNTTYREDEVELOPMENT AGENCY in possession of the Premises. 5; Defendant, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, shall waive.all rent payments for the Premises for the months of October 2011, November 2011,• and December 2011. 6. • Plaintiff, • SPLASHDOWN DIVERS INC., may apply for additional grant programs available through the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and the Defendant shall waive the eligibility qualifications relating to existing businesses for any. such prograis which are not requiredby statute; federal, county, or state regulation; or law. 7. Except . as specified herein, Defendant, . BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, has no obligations or duties owed to Plaintiff SPLASHDOWN -- DIV flourany meat v, past- discussions,— oral - agreements; v - -sgrcernente - --- ERS� 1NC ��t:�ing - lease agreements between.the Parties. 8. The benefits .specified in this Agreed Final Judgment are intended to induce Plaintiff SPLASHDOWN DIVERS, INC., to continue occupancy of a boat slip at the Bbynton Harbor Marina, Page 203 CASE NO.: 502010CA012453> SB(AB) • • and are therefore not transferable or assignable. However, as specified in Paragraph 6 of SPLASHDOWN DIVERS, INC.'S current slip lease, the 7 -year slip lease is valid only for the vessel owned by SP1..ASI#DOWN DIVERS, INC., and is not *transferable to another vessel or entity without the written authorization and approval of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, The 7 -year slip lease does not allow for the sub - leasing of the slip by the LESSEE under any circumstances. IT the 7 -year slip lease or any remaining portion thereof is assigned or _transferred to another vessel or entity, such . transferee shall not be entitled to any rental fee credits or any-other specified in this Agreed Final Judgment. 9. This case, case number 502010CA012453XXXXv1B, is hereby dismissed. The tenant eviction action pending in County Court, case number 502011CC013666XXXX {B, will be dismissed. 10. Each party shall bear its respective attorney fees and costs, 11. The -Court retains jurisdiction to enforce the terns of the Joint Stipulation for Entry of Agreed Final Judgment and this Agreed Final Judgment. DONE AND ORDERED in Chambers, West Pain Beach, e Palm D Beach County, Florida, this • day of September, 2011. SEA 22 an . JUDGE DONALD W HAFE�� Hon. D onald liafele Circuit Court Judge Copies Furnished To: Shane B. Bridgeman, Esq., Goren, Cheroi; Doody & E2rol, P.A., 3099 East Commercial Blvd_, Suite 200. Fort Lauderdale, FL 33308 Lee D. Sarkin, Esq., 4700 N.W. Boca Raton Boulevard, Suite 302, Boca Raton, FL 3343I JAGSHB H:120101100357 PLEAD]NGS.Ag,c d Find Judgment v4 (Second Sarkin cotmnents ).doe Page 3 of 3 CASE NO.: 502010CA012453)OOcX B(AB) EXHIBIT 3 } • • This Instrument prepared by, or under the supervision of (and after recording, return lo): hif LtwiS LONGMAN &WADa:R, PA • ATTOrlrltvl AT LAW i 1700 Palm Bn.•h Like. B ok v ,'l Siam 1000 Went Pales Buck Flerhla 33401 A portion of Parcel I.D. No.: (Reserved for Cleik of Court) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made and entered into as of the day of January, 2007 by TRG- BOYNTON BEACH, LTD., a Florida limited partnership, Grantor, whose office address is 315 S. Biscayne Blvd., Miami, Florida 33131, to BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, Grantee, whose mailing address is 915 South Federal Highway, Boynton Beach, Florida 33435, Attn: Executive Director. Wherever used herein, the terms "Grantor" and 'Grantee' shall Include an of the parties to this Instrument and their heirs, legal representatives and assigns. WITNESSEfH: GRANTOR, for and in consideration of the sum of $10,00, In hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain and sell to the Grantee and Grantee's successors and assigns forever, the following described lot, piece or parcel of land, situate, lying and being Si the County of Palm Beach, State of Florida (the 'Property): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN TO HAVE AND TO HOLD the same unto Grantee in fee simple, SUBJECT TO: Easements, covenants, restrictions, limitations, reservations and other matters of record, provided this shall notoperate to reimpose any of the above; existing zoning ordinances and other restrkilons as may be imposed by applicable governmental authority; taxes and assessments for the year 2007 and subsequent years, which are not yet due and payable; matters that would be disclosed by an accurate survey and inspection of the premises; and those restrictions set forth on Exhibit B attached hereto and incorporated herein. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. 1 MIA 1795.23880v1 1/142007 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seat as of the day and year first above written. Witnessed by TRG - BOYNTON BEACH, LTD., a Florida limited partnership By. TRG - Boynton B c., a ' , corporation General Pa r ,Q.7 By: Name: An �e Sow Name: Roberto Rocha Title: Vice President Name: STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing Special Warranty Deed was acknowledged before me, this (D h day of January, 2007, by Roberto Rocha, as Vice - President of TRG - BOYNTON BEACH, INC., a Florida corporation, TRG- BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entities. He i personally known to m or has produced as - -- as identification. (e /Ir! . N , 7 1441.11A Notary Public, State of F»pge Commission No. D .) d (/ `/9 G o My commission expires: 04,(5 /' v O ol (Notary Seat) . etRabea+ ow. • My Camrtdeebn D0244960 /4,,,,e ERatbe August 26.2007 MIA 1795238800 1/1412a07 • • • • • • • • • xhilf 1 "A THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT 1: A portion of the Commercial Lot as shown on the Phi of 'Marina Village Al Boynton Beach' awarding to the Plat thereof as recorded in Plat Book 102 at Page 18 of the Public Records of Palm Beach County, Florida, being more particularly described as f000ws; Commence at the Southeast Comer of said Plat 'Marina Village at Boynton Beach'; Thence run N 07'- 14' -10' E along the East Line of saki Plat for 25.19 feet to a point; Thence run N 90•-00'-00' W for 68,06 to the Point of Beginning of a Parcel hereinafter described; Thence from said Point of Beginning run N 90 Wi 36.00 feet Thence N 00-'00-00' E for 45.00 feel; Thence N 90'- 00' -00• E for 38.00 feet Thence S 00'- 00' -00' E for 45.00 feel to the Point of Beginning. Propery contains', ,620 square feet, more or less A0 lying within the City of Boynton Beach, Palm Beath County Florida AND t • THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT 2: A portion of the Commercial Lot as shown on the Plat of 'Marine Village At Boynton Beach' according to the Plat thenaof as recorded in Ptet Book 102 at Page 18 or the Public Records of Palm Beach County, Florida, being more perlautarly described as fo80we: Commence at the Southeast Comer of said Plat 'Marina Village at Boynton Beach Thence run N 07'- 14 -10• E along the East Line of said Piet for 25.19 feet to a point, said point being the Point of Beginning of a Parcel hereinafter described; Thence from said Point of Beginning run N 90' 00 -00' W for 68.08 feet Thence N 00'- 00 -'00' E for 45.00 feet; Thence N 90'- 00-00' W for 43.81 feet Thence N 00•-0{7-00' E for 27.66; N 90 -00'-00' E for 121.10 feet; Thence S 07•- 14' -10• to the Potts of Beginning. Propery contains 6,493 square feet, more or less Al lying within the City of Boynton Beach, Patin Beech County, Fbdida. r N90•000•E 121.10 R 42.11' 10101010 rn aoes AnoaruL 31100 LOT NIVOOTOT 5 -D u s r a 15 0 15 30 z F SCALE: Nee'00014V 140700001 Jaen SAW LEOENO: IA P.O.C.-POSIT OF GOWOICEUOrf P.O.B. -PONE OF 80;100110 PACT &E COMER Of MAPNAL LIA00 AT lOrHFON BEAM PUT ROOK tai. PG. 15 LEGAL DESCRIPTION & SKETCH EXHIBIT 2 OF ADDITIONAL LOT 1 & 2 SHEET EXHIBIT B DEED RESTRICTIONS This conveyance is subject to the following covenants, conditions and restrictions, running with title to the land, enforceable by the Grantor, its successors and assigns, and the Grantee by its acceptance of this conveyance agrees for itself, its successors or assigns, to the following covenants, conddions and restrictions- 1. That Grantee shad (r) not permit fishing or portable barbeque and related cooking devices on the Property, (ii) install signs indicating same which Grantor shad have the right to approve, and (iii) not instal barbeques, picnic tables or playgrounds on the Property. Grantee acknowledges and agrees that from and after the date of this instrument Grantee shall use its best efforts to (i) modify the approved site plan currently In effect with respell to the Property to the extent required in order to permit the construction of the Grantee's Building (as defined below) and/or the Dockmaster's Office (as defined below), and ('u) obtain a building permit for the construction of the Grantee's Building (the `Building Permit), Upon receipt of the Building Permit, Grantee shall use its bast efforts to deliver to Grantor within twenty-four (24) months from and after the date of this Instrument, at Grantee's sole cost and expense, at least 211 square feet of finished but unfurnished office space, including electricity, HVAC and water connections in the Grantee's Building, for the sole use by the Marina Village at Boynton Beath Marina Condominium Association, a Florida not- for- profitcorporation (the °Marina Association') orsuch third party operator as is hired by the Marina Association as office space to run the marina located within fhe project commonly known as 'Marina Village at Boynton Beach' (the °Dockmaster's Office). The Marina Association (or the third party operator) shall not be required to pay any rental to the Grantee for the use of the Dockmaster s Office; provided, however, that the Marina Association (or the third party operator) shall be required to reimburse the Grantee for its allocable share, based on square footage, of the cost for its use of electricity and water. Furthermore, Grantor acknowledges that so long as the building Grantee is to construct (the °Grantee's Building containins the Dockmasters Office, Grantee's Building may be built to a maximum of 1,500 square feet. Other than the Grantee's Building, including the Dockmaster's Office, no other buildings may be constructed on the Property MIA 176523880v1 1/14l2007 • • • t • r j This instrument was prepared • by and should be returned to: 4 LEWIS, LONGMAN WALKER PA ATTORNEYS AT LAW 1700 Palm arurh L kre RAulcenl Stine 1000 Vent Pak arach, Flails 33401 ASSIGNMENT OF PERPETUAL RIGHT TO USE j • PARKING SPACES FOR AND IN CONSIDERATION OF the sum of "Te.,' and No/100 Dollars ($ In ° ), the receipt of which from the Boynton Beach Community Redevelopment Agency (`Assignee") is hereby 3 acknowledged, TRG•BOYNTON BEACH, LTD., a Florida limited partnership, ('Assignor hereby assigns to Additional Lot 1 and Additional Lot 2 (collectively, the lots') in the MARINA VILLAGE AT BOYNTON BEACH project, (the • 'Project"), the exclusive perpetual right to use the parking spaces identified on on Exhibit "A" attached hereto • (collectively, the "Parking Spaces "), located within the Common Areas (as defined in that certain Declaration of Covenants, Restrictions and Easements for Manna Village at Boynton Beach, including any and all exhibits thereto, all as amended and supplemented from time to time, the °Master Covenants") and legally described on Exhibit "B" attached hereto. 4SSlGNEE ACKNOWLEDGES and agrees that this is an assignment of en exclusive perpetual use right in and to the Parking Spaces, and does not convey title to the Parking Spaces or any fee ownership interest in the real property upon whtdi It is located. Assignee hereby accepts the Parking Spaces in their "AS -IS' condition as they extston the date hereof, and subject to at of the rights of the MARINA VILLAGE AT BOYNTON BEACH MASTER ASSOCIATION, INC. (the "Master Association"), as stated below. However, Assignee's perpetual right to use the Parking Spaces shall not be revoked without the prior written consent of Assignee as set forth in the Master Covenants. • • ASSIGNEE FURTHER ACKNOWLEDGES and agrees that the use of the Parking Spaces are governed by and • • subject to the terms, conditions and provisions of the Master Covenants and any rules and regulatlons adopted or amended from time to time by the Master Association. IN ACCORDANCE WITH the foregoing, Assignee further acknowledges end agrees that the assignment made herein is an assignment which attaches to the Lots, and, unless first assigned by Assignee to another Lot and/or Unit governed by the Master Covenants, will automatically pass with title thereto, rather than being an assignment which is personal to Assignee. THIS ASSIGNMENT shall be recorded in a log maintained by the Master Association. I MW 1 79 523 66 2v1 1/14/2007 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day of January, 2007. ASSIGNOR TRG - BOYNTON BEACH, LTD., a Florida limited partnership 8y: TRG - Boynton ., a Ff . orporation Its General artier s By: r Roberto Rocha, Vice - President STATE OF FLORIDA ) ss: COUNTY OF MIAMI -DARE ) The foregoing Assignment of Right to Use Parking Space was acknowledged before me, this /8 ?lay of January, 2007, by Roberto Rocha, as Vice President ofTRG•BOYNTON BEACH, INC., a Florida corporation, the General Partner of TRG-BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entities. He is personally known to me or has produced as identification. J-G. [. /a Notary Public, State of Oorida Commission No. 0 Oil U 9 G d My commission expires: a(c 3u,) 4, •900 (Notary Seal) ,r+ EtiY.oNh Buts "i Corm4sdon oo244seo '4,' „ d Ei01n3 August 2E. 2007 M14 179523882v1 1/14/2007 • • • • ASSIGNEE: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: a� /l /� Henderson Tillman, Chairman STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing As •nment of Right to Use Parking Space was acknowledged before me, this day of January, 2007, by H n arson as Chairman piths Boynton Beach Community Redevelopment Agency, on behalf of said entity. He is p: • natty known to : ' has produced as identification. Name: t .,,,>„( Notary Public, State of Florida Commission No. My commission expires: )7 (Notary Seal) _ - i "� � {f •' tc_: •;uER-1 DODOS 4, LW COMMISSION* COMM . ? ncN EXPIRE& Ap. MVO 4 o+l &swiss Midi r Srrbame 3 ML4 179 1/14/2007 EXHIBt Parking r.ega.l. Descriptia. *. Legal Description: Portions of She Plat of 'Wins Wage at Boynton Beach", Lees the Public Right-of-Wary dedicated fit according to the Plat thereof as recorded In Piat Book 102, Pages 14 through 18 oldie Public Records cfPain Beech, Coot , Florida, being more particularly described as follows; Commence et tics Northwest comer of said Piet GPM.** Wage at Boynton Beech* said Point being the Point d Commencement for Psaods P1 through P7, desaibed es follows, from aid Point cfCommarcetor nt non 808'551" E for 275.07feet to Sher Point of Beginning of a parcel hereinafter described; From said Paled afBeOYritg nun 8 8•5994' E for 18A0 feet: Thanes 8 00'0000" E for 83.00feet Thence N 89191•WNor 19,01 feet Thom N 00'00'05" E for 33.17 feet Thence N 90100'00' E for 101 fest Thence N 00'0048• E for 29.83 feet. 10 the Point of Beginning. This description describes Parcel Pi, as drown hereon. Together with the fallowing described pared; From said Point of Commencement run 8 21'3091" E for 88.79 feet 10 the Point of Begkain0 of apiece herette8er described; From said Point of Beginning nm N 90' 0000' E for 15.71 feet Thence 8 00'004r W for 65.40 feet Thence N 89'59'13' W for 14.71 feet Thmnao N 00•0045• E for 37.79 feet Thence N89101911dfor1.00 feet Thence N 00'0846" E for 27.60 feel. to the Point of Beginning. This desaip3on describes Parcel P2. es shown hereon.. Together with the foilowing described parcel; From said Point of Commencement tun S 421/118" E for 82.95 feel to the Point of Beginning ors parcel hereinafter described; From said Point.of Bepinning.nm N 8915785' E.for.55.12 feat 7hence.8 00'01700' E for 1 &06feet Thence N 80'00'00" W for 55.12 feet Thence N 00'00'00' E for 18.01 feet, to the Point ot.@eghreb*. This deeatp6on desa ties Parcel P3, es shown hereon Together with the following described parcel; From said Point of Commencement run S 38'06'28' E for 12822 feet to the Point of Beginning ore pemne hereinafter described; From slid Point WBegLudng•aw N90'0000 E for37.01. feet ?keno - S.00'•OC48'W for209J1 feet Thence N 89'58•20' W for 18.00feet Thence N 00' 1003" E for 9A0 feet Thence N 89'5914' Wfvr 18.95 feet Thence N 00' 0048' E for 27.00 feet„ Then 389'59'12' E for 19.00 test Thence N 00'0048" E for 128.71 feet Thence N 90'0700' W for 19.O0feat Thence N 00' 0000• E for 46.00 feet, bribe P0890(8 MIS descdglon describes Parcel P4, as shorhnhereon Together with the following described paroe; From said Point of Commencement run S 59'4671' E for 158.08 feet to the Pont of Beginning of s pan* hereinafter described; From sold Point of Beginning run 8 88•8009 E'fbr 18.00 feat Thence 8 00'0091' E for 1'93212 feet Thence N 891‘818' W for 18.00 feat Thence N 00' 0051` E for 123.52feet, to She Paint ofBenirwni g. This description desalbes Parcel P5, as shown hereon Together with the folowing described parcel From said Point of Commencemern net S 68'3005' E for 602.73 feet to the Poled of Begin ins of a parcel hereinafter described: Farm said Pohl of 809100919 wn E 89•5939 E nor 90.00 feet Thence S 00'00'00" E fot 18.101 felt Thence N 90' 0000" W for 90.00 Teruo N 00'Oo'00'.E for 15.00 feet to the Point of8aglmkhg. This description describes Parcel P8, as shown hereon Together with the following described pare**, From said Point of Commencement run 8 61168117 E for 687.94 teat 10 the Poky ofesgamiing eta percet herdnMer described; From said Poled of BegkmJng con N 891099r E for f03.00 feet Thence 880'o43' Efor 1802 feet Thence 14 90'0000' W for 103.01 feet Thence N 00' 0000' E for 16.01 feet to the Point of 8agkvnhg. This desototion describes Percet P7, 'gallows hereon. a • • . .............. • . ,, . •. . . • . • . . ...• •• . . • . ..• . • • • • . : .• • • EXHIBIT 3 Legal Description COMMERCIAL LOT, MARINA VILLAGE AT BOYNTON BEACH, LYING WITHIN THE QTY OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 102 AT PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN • THE DOCUMENT ATTACHED HERETO AND MADE A PART HEREOF. + E Parcel Identffiaitloa Number, 08- 43- 45- 27 -60- 003 -0000 — -- -- • • • • • 20 M14 179464763x$ 1/23•007- • THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT A portion of the Commerdel Lot se shown on the Plat of "Merino Village At Boynton Bach' according b the Plat thereof a recorded In Plat Book 102 at Page 1Q of the PubfIc Raoobe of Palm Beach County, Florida, being more particularly described as fo8owe; Commence at the Southeast Comer of said Plat "Maria Village at Boynton Beach'; Thence rut N 07'- 14' -10' E along the East tine of sold Plat far 25.19 feet to point Thence run N 90'-00'-00' W for 66.00 to the Point of Beginning of a Peroel heMnatter described; Theme horn said Point of Beginning run N 90•47-00' W for 38.00 feet Thence N 00- '00'-00" E Ibr46.00 feet Thence N 00'-00'-00' E for 98.00 feet Thenoe B 00'-03-00' E for 46.00 feet to the Paint of Beginning. Propery contains 1,620 square feet, more or lea All lying within the City of Boynton Beech. Palen Beach County, FIorld * AND THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT 2 A portion of the Commercial Lot as shown on the Plat of 'Menke Village At Boynton Beach* noodling to the Pitt thereof se recorded In Plat Book 102 at Page 10 of the Public Records of Palm Beech County, Florida, being trans partcuiedy described u follower Commence at the Southeast Comer of said Plat 'Marina Wage at Boynton Bach`, Thence nm N or - 14 - 0' E along the East Una of said Plat for 26.19 feet to a pond, said point being to Point or Beginning of a Parcel hereinafter described Thence from said Point of Beginning run N 90'- 00'-00' W for 88.08 feet Thence N 00'-00 -110' E for 40.00 feet Thence N a0' o0'.00' W for43.81 feat Thence N 00'- 00'-00' E for 27.66; N 90'-00'-00' E for 121.10 feet Thence s o7' 14' - 10' to the Point of Beginning. Propsry contains 8,499 square fest, mom or less Ail lying within the City of Boynton Beach, Palm Bach County, Florida • 1411010701,6 ttt.ty _ Na11 ho LOT2 L sv ants t110ro000V 1 Lail 1/11 15 015 30 SCALE: 1:30 wm"00001M L N110'11000'ar X0.00 —f j SLOP LEGEND. O.OX 1 WT r� PA.0 -PUNT OF C EGs*1? EYFM LOT N; P.09. -POINT OF BEp1/aNNG PAC t,a COha111ICP ►IMaNYSiA011AT 071111/014 OUCH PIAT IMO; PG. to LEGAL DESCRIPTION & SKETCH EXH IBIT z OF ADDITIONAL LOT 1 & 2 SHEET _ ■ • This Instrument prepared by, or under the supervision of (end slier recording, return 1o): n LEWIS, LONGMAW &WAI KER, PA ATTORNEYS AT LAM IMO Pdm s,,,h rake, Boulevani Suite 1000 W. Palm Be�<6 Swirl. xi10r (Reserved for Clark of Court) AMENDMENT AND SUPPLEMENT • TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR MARNA VILLAGE AT BOYNTON BEACH • THIS AMENDMENT AND SUPPLEMENT is made as of the2J day of January, 2007, to that certain • Declaration of Covenants, Restrictions and Easements for Marina Village at Boynton Beach recorded September 15, 2004 in Official Records Book 17511, Page 0564, of the Public Records of Palm Beach County, Florida. (as amended, modified and/or supplemented from time to time, the 'Declaration"). Unless the context otherwise requires, any capitalized term not defined but used herein shall have the meaning given to such word or words In the Declaration. RECITALS A. TRG-BOYNTON BEACH, LTD., a Fbrids limited partnership (the 'Partnership') Is the'Dectarant° under the Declaration. B. Pursuant to Section 17.7 of the Declaration, the covenants, restrictions, easements, charges and liens of the Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by Declarant, unilaterally, for so long as It or its affiliate holds title to any Lot or Urii affected by the Declaration, C. Declarant owns Units and/or Lots within The Properties. J. The Declarant, pursuant to its authority under Section 17.7 of the Declaration, now desires to amend and supplement the Declaration to in the manner herein described. NOW, THEREFORE, in consideration of the premises and by virtue of the authority as hereinabove set forth, the Declaration is hereby amended and supplemented as follows: MIA 179529749x3 112402007 • 1. The Properties are hereby supplemented by adding the property legally described on Exhibit "A" attached hereto, each of which shall hereinafter be a lot' and referred to as Additional Lot 1 and Additional Lot 2, respectively. From and after the recordation hereof, Additional Lot 1 and Additional Lot 2 shall each be subject to aN of the terms, conditions, tens and provisions of the Declaration e. fhe Owner, from time to time of the Additional Lot 1 and Additional Lot 2 shall have the perpetual and exclusive right to use the parking spaces (the 'Parking Spaces') as described on Exhibit "t3" attached hereto, all in accordance with the terms and provisions of the Declaration. The rights of the Owner, from time to tkne, of Additional Lot 1 and Additional Lot 2 pursuant to this paragraph, shall not be revoked without the prior written consent of such Owners 3 This Amendment shad be deemed a Supplemental Declaration to the aforesaid Dectaraton Except as specifically modified hereby, the Declaration shall remain in full force and effect in accordance with its terms *****SIGNATURES ARE CONTAINED ON THE FOLLOWING PAGE"' MIA 179529748V3 1/244007 . { IN WITNESS WHEREOF, Developer has executed this Amendment as of the day and year first above written. EXECUTED as of the date first above written. Witnessed by: TRG- BOYNTON BEACH, LTD., a Florida limited partnership By TRG- Boynton 1• „ a bride • CDrpmfatbn, gene a(r / /_t{r� N . • e: • ` ' _ ' h Name: Title: } (Corporate Seal) Warne: Address: • STATE OF FLORIDA ) ss: COUNTY OF 7 The fof�g ing instrument was acknowledged before me this �� d r ay of January, 2007 by 0�� $ irolio dice TRG- Boynton Beach, Inc., a Florida corporation, general partner of T'RG- BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said corporation and partnership. He /she Is Pe eJ y knmdmio -me or produced as identification. ije Notary Public, State o[Flartd y �, � My commission expires: CommIssion No. DUD • • • • au8v,) 21. 020d) • • • 11 yrr THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT A portion of the Commercial Lot es shown on the Plat of 'Marina Village At Boynton Beach' according to the Peet thereof as recorded in Plat Book 102 at Page 16 of the Public Records of Pafm Beech County, Florida, being more particularly deserted u fo4owss Commence at the Southeast Comer of said Plat 'Marina Village at Boynton Beach`; thence run N O7'- 14' -10' E along the East Line of said Plat for 25.19 Matto a point; Thence run N 90 "-00'4)0" W for 68.08 to the Point of Beginning of a Peresl hereinafter described; Thence from said Point of 8eginnkp nm N 90'4:10'..00'W for 38.00 feet; Thence N 00- '00-00' E for 45.00 feet; Thence N 90'- 00' -00' E for 36.00 feet Thence S 00'-00-00' E for 45.00 feet to the Point of 8egi nk g. Propery contains 1,620 square feet, more ix less All Tying vw4thin the City of Boynton Beach. Pain Beach County, Florida. AND THIS IS A LEGAL DESCRIPTION FOR ADDITIONAL LOT 2 A portion of the Commercial Lot as shown on the Plat of "Marina Village At Boynton Beach' according to the Plat thereof as recorded in Plat Book 102 al Page 18 of the Pubic Records of Palm Beach County. Florida, being more particularly descnibed as folows Commence at the Southeast Comer of sold Rat 'Marina Vinags at Boynton Bead('; Thence sun N 07'- 14 2 10' E along the East Line of said Rat for 25.19 feet to a point. eatd point being the Point of Beginning of a Parcel hereinafter doacstbed: Thence from sold Point of Beginning run N 90' -00'-00' W for 68.08 feel; Thence N 00'-00 -'00" E for 45.00 feet; Thence N 90'- 00' -00• W for 43.81 Nat Thence 1 E for 27.68: N 90 "-00'-00' E for 121.10 feet; Thence S 07- 14' -10' to the Point of Beginning. Propery contains 6,493 square Met, more or less Ail lying within the City of Boynton Beach, Palm Beedt Count'. Fbrida. f2t. ro' ta.er Nso sovow MOTIONAL LOT 2 e r seen — Lmz a, 1 ED Aoollpt+al9 $ T: 15 0 15 30 LoT r SCALE: 1:30 Nso aoso'w NOINVsw LEGEND: P.0.11-- PAN r r LOT 1 LOT l r P.O.C. —POMP OF COre1ENCE1IEM �� P.0 2.—FONT OF eElYalelD ROC OA CORNER OF MANIO R{AQAT BOYNIKINOISCH PLAT 0001t 10a,PQ.16 LEGAL DESCRIPTION & SKETCH EXHIBIT 2 OF ADDITIONAL LOT 1 & 2 SHE l : k . -. . -.:... • • • • • Legal Description: • • • • Portions of the Plat of 'Marina Village at Boynton Beady ', Less the Public Right -of -Way dedicated thereon, according to the Plat thereof as recorded in Plat Book 102, Pages 14 through 18 of the Public Records of Palm Beach, County, Florida, being more particularly described as follows; • Commence at the Northwest comer of said Plat of "Marina Voltage at Boynton Beach said Point being the Point of • Commencement for Parceis P1 through P7, desabed as follows, from said Point of Commencement run S 08'59'51" ` E kw 275.07 feet to the Point of Beginning of a parcel hereinafter described; From said Point of Beginning run S • 89•51714' E for 18.00 feet Thence S 00•00'00' E for 83.00 feet Thence N 89'59'55" W for 19.01 feet Thence N 00'00'05' E for 33.17 feet; Thence N 90'00'00' E for 1.01 feet Thence N 00'00'48" E for 29.83 feet, to the Point of . Beginning. This description describes Parcel P1, as shown hereon. I Together with the following described parcel; } • From said Point of Commencement run S 21°301 r E for 88.79 feet 10 the Point of Beginning of a parcel hereinafter • ; described; From said Pant of Beginning non N 90'00'00' E for 15.71 feet Thence S 00'0047' W for 85.40 feet Thence 14 89'59'13" W for 14.71 feet Thence N 00°00'45" E for 37.79 feet Thence N•89'5g15''W for 1.00 feet ' • Thence N 00°00'45' E for 27.80 feet, to the Point of Beginning. This description desaibes Parcel P2, as shown - hereon. Together with the following described parcei; From said Point of Commencement run S 42'01'58' E for 82.95 feet to the Point of Beginning of a parcel hereinafter ' decanted; From .said Point of Beginning. run 14 89 5T55• E.for.55.12 feet; Thence -S 00 °00'00" E for 18.05 feet Thence•N 90'00'00" W for 55.12 feet Thence .N 00°00'00" E for 18.01 feet, to-the.Point of Beginning. This description describes Parcel P3, as shown hereon. i on. ' Together with the following described pater From said Point of Commencement run S 38•05'28' E for 128.22 feet to the Point of Beginning of a parcel hereinafter described; From.sald Point of Beginning.tun 14 .90'00'00" E for 37.01 feet Thence S wave W for 209.71 feet; Thence 14 89'59'20' Wfor 18.00 feet Thence N 00'99'03" E for 9.00 feet; Thence N 89'5914" W for 18.95 feet • Thence 14 00'00'48' E for 27.00 feet; Thence S 89'59'12" E for 19.00 feet Thence 14 00'00'48' E for 128.71 feet Thence 14 90'00'00" W for 19.00. feet Thence N 00'0•00" E for 45.00 feet, to the Point of Beginning. This description describes Parcel P4, as shown hereon. Together with the following described parcel: From said Point of Commencement run S 59'45'27' E for 158.06 feet to the Point of Beginning of a parcel hereinafter described; From said Point of Beginning run S 89'5909' Efor 18.00 feet Thence 9 00'00'51• E for 123.52 feet Thence 14 89•5918•W for 18.00 feet Thence N 00'00'61" E for 123.52 feet, to the Point of Beginning. This description describes Parcel P5, as shown hereon: • Together With the following described parcel; From said Point of Commencement run 9 56"3B'05" E for 502.73 feet to the Point of Beginning of a parcel hereinafter described; From said Paint of Beginning run 14 89'59.39' E for 9040 feet Renal S 00'00'00" E for' 18.01 feet Thence N 90'00'00" W for 90.00 feet Thence .14 00'O(Y00" E for 18.00.teet, ►n the Point of Beginning. This description • describes Parcel P5, as shown hereon. Together with the following described parcel: l • From said Point of Commencement run S 61'88'57" E for 587.94 feet to the Point of 8eggiming of a parcel hereinafter f descried; From said Point of Beginning run N 89'5939' E for 103.00 feet Thence S•00•02'43" E for 18.02 feet • Thence 14 90'00'00' W for 103.01 feet Thence 14 00'00'00" E for 18.01 feat, to the Point of Beginning. This desafptlon describes Parcel P7, as shown hereon. • • • • '3 This instrument prepared by or under the supervision of (and after recording should be returned to): 4 LEWIS, LONGMAN &^WALKER, PA ATTORNEYS At SAW L700 P.I , &. h Irk.+ 6o11.+:.4 Suite 1000 44.t Palos &..l Fledd. 33101 (Space Reserved for Clerk of Court) Permit No. 05 -7123 Tax Folio No. 08434527600130000 AMENDED AND RESTATED NOTICE OF COMMENCEMENT THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT AMENDS IN ITS ENTIRETY THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED ON FEBRUARY 10, 2006 IN OFFICIAL RECORDS BOOK 19918, PAGES 1718 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THE PURPOSE OF THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT IS TO CORRECT THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY AS SET FORTH IN SECTION 1 BELOW. STATE OF FLORIDA ) SS COUNTY OF MIAMI -DADE The undersigned hereby gives notice that Improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following Information is provided in this NOTICE OF COMMENCEMENT. This notice shall be void and of no force and effect if construction is not commenced within 90 days of recordation 1. Description of Property: The "Building 2e site of the Plat of "Marina Village at Boynton Beach which expressly excludes the "Commercial Lot' of the Plat of `Marina Village at Boynton Beach' 2 General Description of Improvements: Installation of firefighter air breathing system 3. Owner's Information a. Name and Address: TRG- Boynton Beach, Ltd. c/o The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hernandez b. Owner's Interest In Site of the Improvements: fee simple c Fee simple title holder (if other than Owner): N/A um 170 7R1P4N0 1/172007 • • • • • 4. Contractor a. Name and Address: Pomeroy Electric 3131 SW 13 Drive Deerfield Beach, Florida 33442 b. Phone Number: 5. Surety: a. Name and Address: b. Phone Number, 6. Lender: t a. Name and Address: b. Phone Number: 7. Persons within the State of Florida designated by Owner upon whom notices and other documents may be served as provided in Section 713,13(1)(a)(7), Florida Statutes: a. Name and Address: TRG- Boynton Beach, Ltd. c/o The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hemandez b. Phone Number: (305) 460 -9900 8. In addition to itself, Owner designates Lender (at the address set forth above) and Chicago Title Insurance Company (at the address set forth below) to receive a copy of the Lienoes Notice as provided in Section 713.13(2)(b), Florida Statutes: a. Name and Address: Chicago Title Insurance Company 6303 Blue Lagoon Drive, Suite 100 Miami, Florida 33126 Attn: Robert Maiorano b. Phone Number: (305) 265 -7000 9. Expiration Date of Notice of Commencement (the expiration date Is 1 year from the date of the recording unless a different date is specified): February 10, 2007. The recording of this Amended Notice of Commencement shall not constitute a Ilen, cloud, or encumbrance on the described real property, but shall give constructive notice that claims of lien may be filed under Chapter 713 of the Florida Statutes. This Notice shall be void and of no force and effect if construction Is not commenced within ninety (90) days after recordation of this Amended Notice of Commencement. -2 um .17o6,a204v1 1/17/2007 OWNER: TRG•BOYNTON BEACH, LTD., a Florida limited partnership By: TR B F corporation, i Roberto Rocha Tide' Vice President STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing Instrument was acknowledged before me, this f iiu day of January, 2007, by Roberto Rocha, as Vice-President of TRG- BOYNTON BEACH, INC., a Florida corporation, the General Partner of TRG- BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entitles. He is pf6rsonally known to me) or has produces _ _._ _ as identification. JO Nett E(f2 qherg ii. LIN • Notary Public, State of Florida Commission No. DD &Vci % 0 My commission expires: ali(v S) QC gOOti (Notary Seal) ,,v EatabeI+ sir DO M 244900 I expW*Aup,ft 2e.2007 MIA 179526294v1 1/17/2007 • " ' l . ' • , • • t This instrument prepared by or under the supervision of (and atter recording should be returned to): 4 . { L MS, LONGMAN &WArxm, PA AYrMRNErb AT LAP 1700 Pb,, .. Beech Lake. 6o"lemn! Suite 1000 West Nee &a6. need. 0340I (Space Reserved for Clerk of Court) Permit No. 03 -4687 Tax Folio No. 08434527600130000 t. AMENDED AND RESTATED NOTICE OF COMMENCEMENT • TUTS AMENDED AND RESTATED NOTICE OF COMMENCEMENT AMENDS IN ITS ENTIRETY THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED ON JULY 20, 2006 IN OFFICIAL RECORDS BOOK 20622, PAGES 1536 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THE PURPOSE OF THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT IS TO CORRECT THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY AS SET FORTH IN SECTION 1 BELOW. • • STATE OF FLORIDA ) • )SS: ' • COUNTY OF MIAMI -DADE ) The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713. Florida Statutes, the following Information is provided in thls NOTICE OF COMMENCEMENT. This notice shall be void and of no force and effect if construction is not commenced within 90 days of recordation. 1. Description of Property: The "Building 3" site of the Plat of "Marina Village at Boynton Beach ", which expressly excludes the "Commercial Lot" of the Plat of ''Marina Village at Boynton Beach ". 2. General Description of Improvements: luxury residential condominium building, together with all required on and off-site improvements associated therewith. 3. Owner's Information: a. Name and Address: TRG- Boynton Beach, Ltd. Go The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hernandez b. Owner's Interest in Site of the Improvements: fee simple c. Fee simple title holder (If other than Owner): NIA •2,. "mLMa')/auf 4/17i7/)n7 4. Contractor a. Name and Address: Current Builders 2251 Blount Rd. Pompano Beach. Florida 33069 b. Phone Number: 5. Surety: a. Name and Address: b. Phone Number: 6. Lender: a. Name and Address: b, Phone Number: Persons within the State of Florida designated by Owner upon whom notices and other documents may be served as provided in Section 713.13(1)(s)(7), Florida Statutes: a. Name and Address: TRG- Boynton Beach, Ltd. c/o The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hernandez b. Phone Number: (305) 460 -9900 8. In addition to Itself, Owner designates Lender (at the address set forth above) and Chicago Title Insurance Company (at the address set forth below) to receive a copy of the Lienor's Notice as provided in Section 713.13(2Xb), Florida Statutes' a. Name and Address: Chicago Title Insurance Company 6303 Blue Lagoon Drive, Suite 100 Miami, Florida 33126 Attn: Robert Matorano b. Phone Number: (305) 265 -7000 9. Expiration Date of Notice of Commencement (the expiration date is 1 year from the date of the recording unless a different date is specified): July 21, 2007. The recording of this Amended Notice of Commencement shall not constitute a lien, cloud, or encumbrance on the described real property, but shalt give constructive notice that claims of Ilen may be flied under Chapter 713 of the Florida Statutes. This Notice shalt be void and of no force and effect if construction is not commenced within ninety (90) days after recordation of this Amended Notice of Commencement. 2 MIA 179528248v1 1/17/2007 OWNER: TRG - BOYNTON BEACH, LTD., a Florida limited partnership By: TRG -Boynt , I , a 'de corporation, Gene arts By: Name: Roberto Rocha Title: Vice President STATE OF FLORIDA ) ) ss COUNTY OF MIAMI -DADE ) The foregoing Instrument was acknowledged before me, this i r) day of January, 2007, by Roberto Rocha, as Vice - President of TRG - BOYNTON BEACH, INC., a Florida corporation, the General Partner of TRG- BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entitles. He iscppersona1ly knownn me0 or has produced as Identification. C 146 j. :14) Notary Public, State of Florida Commission No. 7b 4t/`l ( 8 My commission expires: &4. O ) mob, c2603 (Notary Seal) E i aVo 11 Bull j My commlalon 00246060 N J'• Expires August 26,2007 -3 ANA 170R7R94Av1 1/17/2007 .. This instrument prepared by or under the supervision of (and after recording should be returned to): n LEWIS, LoNGMAN &WALKER, EA. ATTOR "[Y! AT L MO Point Beach lakes Bouleved Salte 1000 We. Palm B,,d, Florid[ M.101 t Space Reserved for perk of Court) Permit No. 03 -4686 Tax Folio No. 08434527600130000 AMENDED AND RESTATED NOTICE OF COMMENCEMENT THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT AMENDS IN ITS ENTIRETY THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED ON JULY 21, 2006 IN OFFICIAL RECORDS BOOK 20628, PAGES 0646 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THE PURPOSE OF THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT IS TO CORRECT THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY AS SET FORTH IN SECTION 1 BELOW. STATE OF FLORIDA SS COUNTY OF MIAMI -DADE The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this NOTICE OF COMMENCEMENT. This notice shall be void and of no force and effect If construction Is not commenced within 90 days of recordation 1 Description of Property: The 'Building 2" site of the Plat of "Marina Village at Boynton Beach ", which expressly excludes the "Commercial Lot" of the Plat of "Marina Village at Boynton Beach' 2. Genera( Description of Improvements: luxury residential condominium building, together with all required on and off -site Improvements associated therewith. 3 Owners Information: a. Name and Address: TRG- Boynton Beach, Ltd c/o The Related Group 316. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hernandez b. Owner's Interest in Site of the Improvements: fee simple c. Fee simple title holder (if other than Owner): N/A AAA 1711.S9R97Rvi 1/17/2007 • i A ... . (#6...''' f . . .. • • • • 4. Contractor 1; a. Name and Address: Current Builders. . 2251 Blount Rd. Pompano Beach, Florida 33069 is b. Phone Number: 5. Surety: , I ` a. Name and Address: b. Phone Number. 6. Lender: • a. Name and Address: , • • b. Phone Number. 7. Persons within the State of Florida designated by Owner upon whom notices and other • documents may be served as provided in Section 713.13(1)(a)(7), Florida Statutes: a. Name and Address: TRG- Boynton Beach, Ltd. c/o The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 ' Attn: Angel Hernandez b. Phone Number: (306) 460-9900 8. In addition to itself, Owner designates Lender (at the address set forth above) and Chicago Title Insurance Company (at the address set forth below) to receive a copy of the Llenor's Notice as provided in Section 713.13(2Xb), Florida Statutes: . a. Name and Address: Chicago Title Insurance Company • 6303 Blue Lagoon Drive, Suite 100 Miami, Florida 33126 Attn: Robert Malorano • • b. Phone Number. (305) 265 -7000 . 9. Expiration Date of Notice of Commencement (the expiration date is 1 year from the date of the • recording unless a different date is specified): July 21, 2007. The recording of this Amended Notice of Commencement shall not constitute a Ilen, cloud, or encumbrance on the described real property, but shall give constructive notice that claims of lien may be filed under Chapter 713 of the Florida Statutes. This Notice shall be void and of no force and effect if construction is not commenced within ninety (90) days after recordation of this Amended Notice of Commencement. • • -2 1,41A 1795262760 1/17/2007 OWNER; TRG - BOYNTON BEACH, LTD., a Florida limited partnership By TR r. Beach . a Florida corporation, Gen Pa -r By: Name: Roberto Rocha Title: Vice President STATE OF FLORIDA } ss: COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me, this In day of January, 2007, by Roberto Rocha, as Vice- President of TRG - BOYNTON BEACH, INC., a Florida corporation, the Ge Cr BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entities. He is ersonaiy known to me) or has produced as Identification. / N int=o.' I1A Notary Pubic, State of florkla Commission No. 1�ao? LM6 b My commission expires: cC .c. /c LJ 5 •/6.JO&7 (Notary Seal) "4r. >7Mb. Burs 1 My CommkYon D0244980 1'i o ✓ £xpwe$ A010.126 2007 _ .5 MIA 17952627e0 1/17/2007 • • • • • This instrument prepared by or under the supervision of (and after recording should be returned to): 4 LEW1S, LONGMAN &WAIXER, P.. / 170 ATTORNEYS AT LAW C 0 Palm K'm h lakes &R 1..s,4 • Suite 1000 v t Mat 0nrh. Florid. 33401 ( (Space Reserved for Clerk of Court) Permit No. 03 -4685 Tax Fotio No. 08434527600130000 . AMENDED AND RESTATED NOTICE OF COMMENCEMENT j £ THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT AMENDS IN ITS ENTIRETY THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED ON JULY 21, 2006 IN OFFICIAL RECORDS BOOK 20628, PAGES 0644 OF THE PUBLIC RECORDS OF 1 PALM BEACH COUNTY, FLORIDA. THE PURPOSE OF THIS AMENDED AND RESTATED NOTICE OF COMMENCEMENT IS TO CORRECT THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY AS SET FORTH IN SECTION 1 BELOW. STATE OF FLORIDA ) )SS: COUNTY OF MIAMI -DADE ) The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following Information is provided In • this NOTICE OF COMMENCEMENT. This notice shall be void and of no force and effect if construction Is not commenced within 90 days of recordation. 1. Description of Property: The "Building 1" site of the Plat of "Marina Village at Boynton Beach ", which expressly excludes the "Commercial Lot" of the Plat of "Marina Village at Boynton Beach ". 2. General Description of Improvements: luxury residential condominium building, together with ell • required on and off-site improvements associated therewith. 3. Owner's Information: a. Name and Address: TRG- Boynton Beach, Ltd. c/o The Related Group 315. S. Biscayne Boulevard • Miami, Florida 33131 Attn: Angel Hernandez b. Owner's Interest in Site of the Improvements: fee simple c. Fee simple title holder (if other than Owner): N/A MIA 179526272v1 1/1712007 4. Contractor a. Name and Address: Current Builders. 2251 Blount Rd. Pompano Beach, Ronda 33069 b. Phone Number. 5. Surety: a. Name and Address: b. Phone Number: 6. Lender. a. Name and Address: b. Phone Number: 7. Persons within the State of Florida designated by Owner upon whom notices and other documents may be served as provided In Section 713.13(1)(a)(7), Florida Statutes: a. Name and Address: TRG- Boynton Beach, Ltd. clo The Related Group 315. S. Biscayne Boulevard Miami, Florida 33131 Attn: Angel Hernandez b. Phone Number. (305) 460 -9900 8. In addition to Itself, Owner designates Lender (at the address set forth above) and Chicago Title Insurance Company (at the address set forth below) to receive a copy of the Llenor's Notice as provided In Section 713.13(2)(b), Florida Statutes- a. Name and Address: Chicago Title Insurance Company 6303 Blue Lagoon Drive, Suite 100 Miami, Florida 33126 Attn: Robert Malorano b. Phone Number: (305) 265 -7000 9. Expiration Date of Notice of Commencement (the expiration date is 1 year from the date of the recording unless a different date is specified): July 21, 2007. The recording of this Amended Notice of Commencement shall not constitute a lien, cloud, or encumbrance on the descrbed real property, but shall give constructive notice that claims of lien may be filed under Chapter 713 of the Florida Statutes. This Notice shall be void and of no force and effect if construction Is not commenced within ninety (90) days after recordation of this Amended Notice of Commencement. MIA 175526272v1 1/77/2001 • • OWNER: TRG - BOYNTON BEACH, LTD., a Florida limited partnership By TRG -Bo ach, Florida corporation, Ge a By: Name: Roberto Rocha Title: Vice President STATE OF FLORIDA ) ss: COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me, this l 8 of January, 2007, by Roberto Rocha, as Vice - President of TRG - BOYNTON BEACH, INC., a Florida corporation, the General Partner of TRG - BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of said entities. He is rsonalty known or has produced as identification. Name: L 1Fl,o3.t /!t i ✓lA -- Notary Public, State of Florida Commission No. l)Q o' y c/ % My commission expires: i2e (; cJ .51 .96 Gov'? (Notary Seal) " oration e,na M commission 00244000 or F.xphes Am.* 2007 -3 MIA 179526272v1 1/17/2007 EXHIBIT 4 • • r *** • • • ' .. • • • • • t I i • 7 i MARINA VILLAGE b(. (:u YC A' % Vivian Brooks Executive Director Boynton Beach CRA • 710 N. Federal Highway • Boynton Beach, FL 33435 February 8, 2012 At the February 7, 2012 meeting of the Marina Village at Boynton Beach Master Association Board of Directors the alteration of the Harbor Master's Building at the Boynton Harbor Marina was discussed. The Marina Village Master Board would like it to be known that it is NOT in favor of pursuing any change in the Deed Restricted Design of the Harbor Master Building that has already been approved. Any addition of retail space in the area would only serve to the detriment of the existing retail space in Marina Village and the surrounding area. The Master Board would also like the CRA to know that it fully supports the design of the Boynton Harbor Marina redevelopment plan and feels that the continued progress of the current plan will only add to the enhanced Marina Village and the surrounding area. Sincerely, e " ( 75 6)14 ‘. Genay Ann Leitman, Esq President Marina Village at Boynton Beach Master Association Board of Directors 625 Casa Lorna Blvd., Boynton Beach, Florida 33435 Office (561) 736 -9753 Fax (561) 736 -9912 Email: marinavillagepm @tcgmgt.com • EXHIBIT 5 • 4 • • • • • • \V4TUZFIZtT xis... ape.... - C RJLLE � - -.r „6- • BOYNTON BEACH � • '� ' ` ' \:,�, DEERFlELD BEACH • • 728 Casa Loma Blvd �- 1754 S.E 3rd Court Boynton Beady R33435 Deerfield Beads. R 33441 Restaurant (561)7362717 On The Intracoastal Restaurant (954)421 -9272 Fax (561)736-4382 www.twogeorgesrestaurant.com Pax (954) 421-0587 February 1, 2012 3 Vivian Brooks Director Boynton Beach CRA 710 N. Federal Boynton Beach, FL 33435 Dear Vivian, This is to advise you, the CRA Board and the County Commission that DSS and Two Georges is not interested in amending the Second Amended Mediation Agreement that limits the building square footage to 1,500 on the lot adjacent to Two Georges Restaurant. • Currently, the area where the CRA is proposing to build the dock master building and the • restaurant Is located Is very congested. To add retail would be disastrous. Sincerely, `, Ste ca Manager EXHIBIT 6 The Citu ofBounton Beach • „VI' o,, . DEVELOPMENT DEPARTMENT _ PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 O ' - , Boynton Beach, Ronda 33425 -0310 TEL: 561- 742 -6260 � FAX: 561 - 742-6259 www.boynton- beach.org February 14, 2012 Ms. Vivian Brooks Executive Director Boynton Beach CRA 710 North Federal Highway ' Boynton Beach, FL 33435 Ms. Brooks: Re: Marina Dive Shop As requested, I carried out further research into the potential historic significance of the Marina Dive Shop and found the following: 1. City records indicate the structure was built c.1969 as indicated by the Building Record Card which shows permit no. 1561 issued in 1969 for a "marina & apt. ". This would make the structure approximately 43 years old. 2. The Palm Beach County Property Record Card indicates the structure as being built in 1971 • which would make it approximately 41 years old. i 3. The structure does not appear to be visible on an aerial photograph of the marina dated 1968. Therefore, based on the above information, the structure is not 50 years old. For a structure to be considered eligible for designation, normally it must be at least 50 years old and be significant in one of the following areas: 1. Association with events that have made a significant contribution to the broad patterns of the City's history; 2. Association with the lives of persons significant in the City's past; 3. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 4. Has yielded, or may be likely to yield, information important in prehistory or history. • Page 2 February 14, 2012 A property Iess than 50 years old may be eligible for designation if it is of exceptional importance; however, the subject does not exhibit exceptional importance in any of the above areas. In my opinion, therefore, the subject property does not meet the criteria for historic designation. This opinion is shared by the Historic Resources Preservation Board who reviewed my findings at their meeting on February 13, 2012. Attached are copies of the City Building Record Card (see bottom left corner for permit number), the Palm Beach County Property Record Card, and a copy of the 1968 aerial photograph. Please let me know if you require any further information. Sincerely, Warren Adams, MRICS Historic Preservation Planner ' . r — . ■ • \ , 0 ' : )/2 ,-I 2! /,., \ \/ � v . Q n4. d u { 4 te 2 •#% • / k \ } \ . §4 ] ' < \ •1 . \ a » \ \ \k $ / • 0 � // \ ° \ Q \ . • • j © \ • 2 . o / / . C0 ® Ti \ • \/ c • . > Ss1 CI o ƒ . 4) - , & q 2; ) 2 a OS OS u r \ ��$ k • o 1 . \ # �� X f \ § ) w 4 u { / ! ; \ / & Q §k \ ▪ / /� * § . a 2 4.4 3 �) ■ / . • ° A � � £ ` • 1 co 2 02 & ..... �. 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S , Y . 2 z o° 0 K 1 3z3g-- y , s : * • i rn T. 11: ,:. -- ,.; -' 1, ' ,.. *' 7 4 : 7 ,5:j.:: ::? .. .. - 1. li, 1, . vi I Li 44 q . A m 4 I , 0 .. r; -1 -' ;+ a 7 ' , f , +s* Y u i • , 1 y ' ' . - al • `` 1 � C �yy .44 1 a'� ! L '1 y ' Ty % t' . L ' � i .: R p ~ "�: �'' ' -* 414x ' 14 ,/ * ` u ti i y f �, r r � 4, 4 - v 6 . i p x ` p 7 1 t. err J*tl (y�`f�j _n" Y '. i� I. h N r + H , - -___ . -.. -_ __. • • . i EXHIBIT 7 • • April 2, 2012 LIM • Michael Simon architects Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 RE: Boynton Harbor Marina Harbor Master Building Dear Michael, This letter will serve as confirmation that the construction documents for the Harbor Master Building, currently being completed by our office, are in full compliance with the latest edition of the Florida Building Code. The structure will be concrete block with stucco bearing walls, engineered roof trusses, and standing seam metal roofing all structurally designed to meet the current wind loads. Windows and doors will have Impact resistant, laminated glazing per the product approvals required by the code. The stucco siding will be in a pattem that simulates lap siding, matching the signage tower already constructed at the site. Even the exterior columns at the verandah will be concrete but with the appearance of chamfered wood columns which were common in the Florida and Caribbean architectural style we are using for all of the marina structures. If you need anything further in this regard from our office we will be happy to provide it. Best Regards.. ames R. Williams, AIA, LEED -AP Principal AW ARCHITECTS, INC 7700 CONGRESS AVE. SurrE 1114 • BOCA RATON. F133487 • THONE 561 997 1244 • FAX 561 997 1675 AR0016324- WWW.AWARCHS.COM • • • EXHIBIT 8 II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2012 2013 2014 2015 2016 Capital Expenditures Operating Costs External Revenues _ Program Income (County) In -Kind Match (County NET FISCAL IMPACT { # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes No Budget Account No: Fund — Dept Unit Object Program _ B. Recommended Sources of Funds /Summary of Fiscal Impact: No fiscal impact. C. Departmental Fiscal Review: A1- III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments „ � 0it44 0 •• de , 4 ,) 4.? L,t •. • NiP.( .91/ d' - :...:+ (r )F) OFMB ,. / Con!! et Devel • of it and Contro .G.t 424, P7 B. Legal Sufficiency: • sis ¶t County Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. G: \ PREM \AGENDA\2012u01- 24\Boynton.docx ■ . ... •- b,.. n'7...-. , ;,' ,...t. ...1. 4...7;7 ..., '; - r 71F,';" •. -'...: ':- '111, 0 ' '," • '''''''' s • ;:g 4 ' '',,I , Me, '- • 4.. 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I , • . . . . t.l Agenda Item #: PALM BEACH COUNTY 4 /G c BOARD OF ITEM SUMMARY COMMISSIONERS P 2 6 -19/9 Meeting Date: September 12, 2006 1X 1 Consent 1 1 Regular Ordinance [ 1 Public Hearing Department: Facilities Development & Operations I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to adopt: a Resolution providing for the purchase of a Waterfront Preservation Easement and Declaration of Restrictive Covenants for the Boynton Beach CRA Marina. Summary: The Boynton Beach CRA, as part of their Waterfront Preservation Program, purchased the Two Georges Marina (a/k/a Boynton Marina) in March of 2006 for $4,775,000 in an effort to avoid loss of the existing restaurant and marina to residential development. The Marina consists of a total of 1.45 acres of upland and submerged land containing a two -story marina office, restrooms, dive shop, classroom, 24 boat slips and 42 parking spaces. The CRA requested $2 million in funding assistance for this project which was allocated by the Board in November 2005. This Easement requires that the Marina property and all improvements be used for public marina purposes, subject to the rights of Two Georges Restaurant to use 19 parking spaces for their valet operations. The public will have the right of access to the Marina and all improvements. The CRA must make available 8 boat slips for Charter /Commercial Boat operators, and the remaining 16 slips for lease to the general public at no more than market rate. The Marina property may not be transferred to a non - governmental entity without the consent of the County. Upon approval of this Resolution and Staff obtaining a title policy evidencing satisfactory title, the County and property owner will simply exchange the Easement for payment of $2 million. (PREM) District's (IIJF) Background and Justification: In November of 2004, the voters approved a $50 million bond issue to preserve, protect and expand public access to and use of freshwater and saltwater bodies of water and to preserve working waterfronts. On March 1, 2005, the Board directed that $35 million of the bond issue be allocated to Marinas, Boatyards and Redevelopment Projects. On November 22, 2005, the Board reviewed the potential projects identified by Staff and allocated $2 million to this project. The Boynton Beach CRA intends to use the money received from this transaction to help fund other acquisitions in the Boynton Marina redevelopment area. The Boynton Beach CRA obtained appraisals of the Marina at the time of its acquisition, which valued the property at $4,775,000. No additional appraisals were obtained as this is merely a funding arrangement with the CRA and the County is funding less than half of the CRA's purchase price. CONTINUED ON PAGE 3 Attachments: 1 Location Map 2. Resolution 3. Budget Availability Statement Recommended By: A g 1A \ P De a ent 1 i ector Date Approved By: AL/ rI k /rl County Administrator Date 1112 3 H. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2006 2007 2008 2009 2010 Capital Expenditures — Operating Costs 2,007,575 External Revenues Program Income (County) In -Kind Match (County) NET FISCAL IMPACT 2,007,575 # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes No Budget Account No: Fund 3738 Dept 581 Unit P608 Object 812 M 0001 410 4240 3401 rte inatr only) B. Recommended Sources of Funds /Summary of Fiscal Impact: Funding for this project will be provided as follows: $2 million from the $50 million Waterfront Preservation Bond Issue. Cost for title insurance estimated at 7,575. Included in FY 2007 ProposedBudget. C. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and /or Contract Development Comments: Transaction will apt b e processed until after October 1, 2006. o(p OFMB r 'ContrarDevelop and Co` tro vv B. Legal Sufficiency: ,, AdIf it 06 stand, my Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 0: \PREM\AUENDA\2006 \09- 12\Boynton CRA- dd.wpd y , 1 H 0473 1 2 Background and Justification continued: The Two Georges Restaurant and Marina has operated in this location for over 20 years. The Marina is home to a drift fishing boat, several dive boats and charter boats. With the adjacent Banana Boat Restaurant, this a thriving waterfront destination. Over the years, the City of Boynton Beach has made numerous attempts at redeveloping its waterfront/marina area, with limited success. Recently, the City /CRA has made significant progress in adopting a Master Plan, acquiring land and facilitating redevelopment consistent with that plan. WCI is completing a large condominium project surrounding Two Georges Restaurant and the Marina. As part of the Marina acquisition, the CRA granted Two Georges an easement to use 19 of the Marina parking spaces for restaurant valet operations. This shared parking arrangement works well. In addition, the CRA obtained 75 additional public parking spaces in a garage constructed by WCI. This additional public parking is a key element of the CRA's program to increase public access to and utilization of the water front area. The acquisition of the Marina and working out the shared parking arrangement with Two Georges prevented WCI from acquiring the Restaurant and Marina property. This was a strategic move which should ensure that the waterfront area and Restaurants in particular remain in existence. The CRA is negotiating to acquire 2 additional parcels adjacent to the Restaurant/Marina. One parcel is used as a fuel dock providing an important amenity to the boating public. The offering price is roughly $500,000 and the CRA has requested funding assistance for this acquisition. While preservation of the fuel dock would benefit the boating public, Staff has informed the CRA that all bond funding is currently committed to other projects. 04738 r fa IT 1 0 ■ I ;--___, -__, ._, „ kitit,. I. ill i 1 0 II i rf.., 2- ,.,. , .4 - 6 ,;;;..,, 1 , _ ,_... _ xi Hi ,.. -", ,4._ .,_•4,..,:,,, 1 .7 : -------_:_ ._, , . a { 'v u ! it +. a a j y a " . '1..1:"Ii I '.1.1.;:_''11::_r'-'1717- -'''77.1:1';'''':"17'111;''' -: I U ' 4igif_ :: l'irT7 ','‘," 2:.=:4.,- . }:77: 1 1 2 .7: '7 . : 1_": : ‘ .. 1 J '4 -sue I1 W .6® � r i �' 'I ` ` ' 1 =.4,-. 1 _.___ i -� - ' i t._-_111P F I '. I ( `" ,1 - ' ! �C _ ice ' • r 4' "., 43 l i -;"•'---1-',.. 4 ; 1 f� I I q{ -� i ...„ 1 : 1 Z r,? Ea s r,^ y � ;d 7, i 0 BQ: TQ R A September 27, 2011 RECEIVED Mr. Ross Herring, Director sED 2 8 2011 Property and Real Estate Management Division Palm Beach County 301 N. Olive Avenue West Palm Beach, FL 33401 Re: Waterfront Preservation Easement and Declaration of Restrictive Covenants for Boynton Beach Marina Dear Mr. Herring, Pursuant to Article H of the Waterfront Preservation Easement (See Attachment 1- \ Easement and Declaration of Restrictive Covenants), the Boynton Beach CRA is requesting approval to demolish the two -story structure located at the Boynton Beach Marina. The reason for the request is twofold; first, the existing structure is not cost efficient to renovate due to its age, setbacks and condition (See Attachment 2 -Site Analysis Report/Architectural Issues). Secondly, the CRA has designed a master plan (See Attachment 3- Marina Master Plan) for the Marina that includes a new building that will have public restrooms, changing areas and ships store (See Attachment 4- Marina Building). Currently, the Marina does not have public restrooms. The CRA is paying Two Georges Restaurant for the use of their restroom facilities for use by the Marina businesses and their patrons. The new building will be Located due east from the existing building along the waterfront. To date, the CRA has invested over $9.4 million dollars into the Boynton Beach Marina, (now renamed the Boynton Harbor Marina through a public renaming contest). This includes land at $7.7 million and $1.7 million in construction of new docks, piers, fish cleaning stations, dredging and an entry feature at Ocean Avenue (See Attachment 5- Photos of Completed Work). This fiscal year the CRA will undertake two more phases of the Marina Redevelopment Project; the redevelopment of the area where the existing building currently sits into a green space • and an entry feature at Boynton Beach Boulevard and Federal Highway (See Attachment 6) for an additional investment of $620,000. 710 North Federal Highway, Boynton Beach, FL 33435, (0) 561 - 737- 3256, (F) 591. 737.3258 Page Two/Request for Demolition ti The CRA Marina has 19 boat slips with one available to a water taxi service and 16 leased to commercial marine businesses. Our slip rent of $14 per linear foot is the lowest of all municipal marinas in Palm Beach County. The CRA Board recently voted to maintain this rate during these hard economic times to assist the marine businesses. Additionally, the CRA owns 126 public parking spaces within the adjacent Marina Village Condominium project that are utilized by the marine businesses. It is the intent of the CRA to preserve this working waterfront for the benefit of the marine businesses, tourists and County residents. We look forward to hearing from you soon regarding our request. Sincerely, • Vivian L. Brooks Executive Director Enclosures cc: Mayor Jose Rodriquez, City of Boynton Beach Lori LaVerriere, City Manager, City of Boynton Beach Commissioner Steven L. Abrams, Palm Beach County is 710 North Federal Highway, Boynton Beach, FL 33435, (0) 561 - 737- 3256, (F) 561-737-3258 . ATTACHMENT 1 WATERFRONT PRESERVATION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS 11111111111111111111111111111111111111 CFN 20060578708 OR BK 20953 PO 1812 RECORDED 10/11/2006 16,34t09 Prepared by: Pals Beach County, Florida Howard ill Assistant County Attorney Sharon R. Book, CLERH 1 COMPTROLLER ry 1m Beath County Attorney's Office Pgs 1812 - 1823; ( l2pga ) .1 North Olive Avenue, Suite 601 ' ' est Palm Beach, Florida 33401.4791 • 0 To: A s . 4 'd Douglas )Ytlnt ieh County l Pr t - .., Real Estate Mu m tageent Division 321 t e. I 'edere Road Building 1169 Wests'! ach, Florida 33406-1544 PropertglNamber:06.43 -52 -03 -0000 -0071 WATERF R(IRESERVATION EASEMENT AND DECLARATION OF o RESTRICTIVE COVENANTS ■ RESERVATION FOR INTON BEACH CRA MARINA THIS IS A WAT7aONT PRESERVATION EASEMENT AND DECLARATION OF Itlr'RICTIVE COVENANTS FOR BOYNTON BEACH CRA MARIN C ade granted by the BOYNTON BEACH TY REDEVELOPMENT AGENCY ( "Grantor "), a public agency 4d pursuant to Chapter 163, Part Ili Florida Statutes, with an address of . Ocean Avenue, Suite 103, Boynton Brach, Florida 33435 in favor of PALM BEACH COUNTY, a political subdivision of the State of Florida, with an address of Governmental Center, 301 N. Olive Avenue, West Palm Beach, Florida 33401 ("County"). WITNESSETH WHEREAS, the Board of County Commissioners of Palm Beach County, Florida (the "Board") has determined that it is in the hest interest of the County to acquire real property or interests therein that preserve, protect or expand public access to and use of freshwater and saltwater bodies of water, to construct capital improvements that facilitate public access to and use of such bodies of water including, but not limited to, boat ramps, public parking and governmentally approved waterway dredging, and to acquire real property or interests therein that preserve working waterfront areas (the `Projects ") in order to maintain and improve the quality of life of residents of and visitors to the County, to preserve the marine industry in the County, to maintain the present intensity of development of the working waterfront and to enhance tourism in the County; and Book209531Page1812 Page 1 of 12 ■ WHEREAS, the Board has determined that the Projects will serve valid paramount public purposes; and WHEREAS, Grantor is the owner of the Property, as hereinafter defined, ''ctuding the Submerged Land, if any, as hereinafter defined, and the buildings V ,^ other assets and improvements located thereon in Boynton Beach, Florida, .2s ,, n as Boynton Beach CRA Marina; and 0 }j1 WHEREAS, Grantor has agreed to grant an easement to County and impose_ertain easements, covenants and restrictions upon the Boynton Beach CRA 'na, as hereinafter set forth for the preservation of certain existing uses and am � and public use of and access thereto; and WHAS, Grantor has agreed to declare that the Property as hereinafter defined, sha held, transferred, sold, conveyed and occupied subject to the easements, a pns, covenants, restrictions and reservations, hereinafter set forth. A 0 NOWT , for good and valuable consideration paid to Grantor by County, the recei sufficiency of which is hereby acknowledged, Grantor does hereby grant to , its successors and assigns, a perpetual non - exclusive easement in, on, throw_ across the Property, as hereinafter defined, and for parking incident to such : are established by Grantor and located upon the Property, as hereinafter de i1 li together with ingress and egress thereto, for use by the public subject to th..... s of this Easement. Grantor further hereby declares that the Property, : - after defined, shall be held, transferred, sold, conveyed and occupied subj the conditions, covenants, restrictions and reservations hereinafter set forth. ARTICLE I DEFINITIONS 1.1 "County" means Palm Beach County, Florida, a political subdivision of the State of Florida. 1.2 "Easement" shall mean and refer to this document entitled "Waterfront Preservation Easement and Declaration of Restrictive Covenants for Boynton Beach CRA Marina ". 1.3 "Grantor" shall mean and refer to the Boynton Beach Community Redevelopment Agency, and its successors or assigns. 1.4 Marina shall mean the marina, Strncture(s), docks, boat slips and parking located within the Property. Page 2 of 9 Book20953/Page1813 Page 2 of 12 z 1.5 "Property" means the real property described on Exhibit "A" attached hereto. 1.6 'Restaurant Parcel" shall mean the property which is legally ?'.•escribed on Exhibit "B" attached hereto and incorporated herein by reference and • # •n which a restaurant known as The Two Georges Restaurant is currently being r" &rated. / 0 1.7 "Structures(s)" shall mean that which is built or constructed, or any pi /. f work artificially built up or composed of parts joined together in some defni tp. anner, the use of which requires more or less permanent location on the groun which is attached to something having a permanent location on the ground. 01c4erm shall be construed as if followed by the words "or part thereof" ARTICLE II 0 RESTRIC'T'IONS APPLICABLE TO PROPERTY AND STRUCTURES r • 0 There is an .. 4" . • • , 4 , g two -story Structure located on the Property. This Structure is used for This ,; Structure related uses including, without limitation, a marina office, public restroo . 1 ve shop and classroom. Use of such Structure, and the Property generally and a ° 1 ctures located thereon hereafter, is hereby restricted to public marina related uses-_-.No use other than public marina related uses shall be allowed on the Property. a .' TICLE I PUBLI LJ. • f2 SS TO MARINA There is currently a Marina with docks and twenty -four (24) boat slips at the Property. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the Marina. Grantor reserves the right to establish all rules and terms or conditions of operation of the Marina, but when open during normal hours of operation, the Marina shall be open to the public and the public shall have access thereto. Grantor may restrict access to the Marina after normal business hours for security reasons. Nothing contained in this Easement shall prohibit Grantor from implementing reasonable security measures to monitor and regulate (but not prohibit or unreasonably restrict) public access to the Marina during normal business hours. The Grantor presently has eight (8) boat slips available, in use as Charter /Commercial Charter boat operators, and shall continue to make available a minimum of eight (8) boat slips for the purpose of Charter /Commercial operations. Charter /Commercial boat slips that are not leased within ninety (90) days of the boating season, which for the purposes hereof shall be deemed to begin October f Page 3 of Book20953/Page1814 Page 3 of 12 • i E of each year, may be utilized for other public purposes by Grantor including leasing to private boat owners for the remainder of the boating season. Grantor shall exercise diligent effort at the beginning of each season to ensure it continues o make available the (8) Charter /Commercial boat slips presently occupied for ontinued charter commercial use. The Grantor shall make the remaining sixteen 46) boat slips available for lease to the general public, which may include boat $s leased on a transient or long term basis. In the event that more boat slips are • r add I°or constructed in the future, these additional boat slips shall also be av `y 1e for lease to the general public. Grantor shall manage the leasing operation of the Marina and shall establis rep�ai rates not more than market rent. However, in the event that the Grantor rionger desires to operate the Marina the Grantor must advise Palm Beach Courior to any changes in management control. i Grantog , 1 maintain and operate the Marina on a continuous basis subject to the right of ` rrantor to temporarily close the Marina for the purpose of maintenance anIf of the improvements, which constitute the Marina. Any such aitpnance and/or repair shall be commenced promptly and ` be diligently comple - k ARTICLE IV i PARKING 0 There are currently fo o (42) parking spaces on the Property. Grantor shall maintain the existing n "1t. f parking spaces for the patrons of the Marina and other improvements on tmperty and, provided the Restaurant Parcel remains in use as a public restaurant, for use by patrons of the Restaurant Parcel. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the parking at the Property. Such parking shall be available for public use at the Property in such locations and upon such terms, rates and conditions as may be established by Grantor from time to time. Parking for all uses on the Property shall be provided as required by the City of Boynton Beach, Florida. . i It is understood and agreed that nothing contained in the easement granted I herein shall be permitted or deemed to supersede, alter or interfere with the rights granted to DSS Properties L.C. by that certain Grant of Easement dated March 15, 2006, from the Boynton Beach Community Redevelopment Agency to DSS Properties, L.C., recorded in Official Records Book 20065, Pages 1142 -1152 of • the Official Records of Palm Bcach County, Florida. Page 4 of 4 Book20953/Page1815 Page 4 of 12 ARTICLE V FUTURE DEVELOPMENT Grantor agrees that no development will occur on Property other than �, e construction or renovation in conformance with the restrictions set forth • ' in. Any such future construction or renovation shall not exceed three (3) P ies in height. Grantor shall not permit any development on the Property to infr" upon or intrude into the airspace above the Property. No additional de ment of the Property shall occur, nor shall any further improvements or altered. be made to the Property which materially alter the current Marina, or which It rwise impairs, restricts, eliminates or impacts the existing marina uses upon th;• 'eperty and the access of the public thereto. ARTICLE VI INSURANCE Et Grantor . i maintain insurance against loss or damage to the improvements to the public has access pursuant to this Basement including, without limitation, ! , by fire and the risks covered by insurance of the type now known as .,Find extended coverage," and including windstorm, in an amount at least equa Or .lacement cost or the maximum amount available, whichever is less, subje.1&.eductibles as determined by Grantor. Grantor shall also maintain flood insu : coverage on the Marina under the federal flood insurance program in an : Pe unt at least equal to replacement cost or the maximum amount availabl=. hichever is less, subject to deductibles as determined by Grantor. All i r: r: ce proceeds derived from casualty claims shall be used by Grantor to repair o . • ce the damaged improvements. In the event of any casualty, Grantor shall, at Grantor's expense, regardless of whether such casualty is covered by insurance or, if so, whether the proceeds of such insurance are sufficient to pay the cost of such repairs, promptly commence to repair any damage to the Marina, and thereafter diligently pursue such repair to completion using materials of like kind and quality or better ARTICLE VII ENFORCEMENT RIGHTS In the event of a default, breach or violation of any term, condition, covenant or restriction contained in this Easement (a "Default "), County shall be entitled to seek to enjoin the Default and seek specific performance of the terms of this Easement and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute or otherwise. Each right and remedy of County provided for in this Easement shall be cumulative and shall be in addition to every other right or remedy provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise and the exercise or beginning of the Page5of9 Book20953 /Page1816 Page 5 of 12 ■ . . exercise by County of any one or more of the rights or remedies provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by County of any or 1 other rights or remedies provided for in this Easement or now or hereafter ; sting at law or in equity or by statute or otherwise. ARTICLE VIII -p° ,PROPERTY TRANSFER RESTRICTION r ,� antor agrees not to sell, assign, convey or otherwise transfer the Property to a z ' .overnmental entity without the written consent of the County. Grantor • eckno r~'• that said written consent may be conditioned on, among other things, r • rpt of an Opinion of Bond Counsel to the effect that the proposed transaction will not result in a prohibited use of Bond proceeds under the i • Resolution a + e November 2, 2004, referendum authorizing the issuance of•the Bonds, and ' �vill not adversely affect the exclusion of interest on the Bonds from th•! tss income of the holders thereof for federal income tax purposes. For p+': of this paragraph, all capitalized terms shall have the , meanings ascribed f terms in that certain resolution adopted by the County on February 7, 2+'YJ >httthorizing the issuance of its $50,000,000 General t. Obligation Bonds (Wa'ont Access Projects), as said resolution may from time to time be amended and (p mented. TICLE IX GENERAL k *J ROCEDURAL PROVISIONS L� 9.1 Declaration Runs with the Land. The covenant, reservations, restrictions and other provisions of this Easement shall run with the land and bind the Property and shall inure to the benefit of the County and shall burden Grantor, its legal representatives, heirs, successors and assigns in perpetuity. 9.2 Severability. If any term, covenant, condition, restriction or other provision of this Easement is held to be invalid in whole or in part by any Court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining provisions of this Easement all of which shall remain in full force and • effect. 93 Number and Gender. Wherever in this Easement the context so L requires the singular number shall include the plural, and the converse; and the use C. of any gender shall be deemed to include all genders. is Page b of 9 t t Book20953 /Page1817 Page 6 of 12 9.4 Title Warranty. Grantor hereby fully warrants its title to the Property and represents that it is lawfully seized of Property in fee simple and has good right and authority to grant this Easement and that the property is free and 1 , • >' lear of any mortgage, lien or other encumbrance which may impair the orceability of this Easement and agrees to defend County against the claims of giersons whomsoever 0 3.5 Non - Discrimination. Grantor agrees that no person shall, on the gr . r : of race, color, sex, national origin, disability, religion, ancestry, marital status sexual orientation be excluded from the benefits of, or be subjected to any fillfsi.of discrimination at the facilities required to be operated by this Easemeiirk 9.6 c'ecording. County shall have the right to record this Easement in the public recT: • of Palm Beach County and to re- record this Easement as and when County •o,t necessary to ensure it continued enforceability. Any re- recording of tlu T : • ement shall automatically be deemed to relate back to the original recording . of this Easement and to have priority over instruments recorded subsequen. a 1; original recording date of this Easement. 9.7 Recitals. ei, ecitals contained herein are true and correct and incorporated herein by r . a .sce. 9.8 Notices. All " , es and elections (collectively, "notices ") to be given or delivered by or to • hereunder 1Cf.% shall be in writing and shall be (as elected by the party giving otice) hand delivered by messenger, courier service, or national overnight fifty ry service (provided in each case a receipt is obtained), or alternatively shall be sent by United States Certified Mail, with Return- Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non - deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party. 4 -i County: Property & Real Estate Management Division Director 3200 Belvedere Road Building 1169 West Palm Beach, Florida 334064544 Page 7 of 9 Book20953 /Page1818 Page 7 of 12 With a copy to: Palm Beach County Attorney's Office 301 North Olive Avenue ° Suite 601 �J f71 West Palm Beach, Florida 33401 v:p Attention: Real Estate 9.9.2 Grantor: C ? Boynton Beach CRA 639 Ocean Avenue, Suite 103 Boynton Beach, FL 33435 With a copy to: CRA Attorney Kenneth G. Spillias (9)Lewis, Longman & Walter, P.A. e 0 Palm Beach Lakes Boulevard 41000 Palm Beach, FL 33401 0 Witt&py to: City of Boynton Beach 915 South Federal Highway Boynton Beach, FL 33435 With a copy to: Boynton Beach Attorney's Office 915 South Federal Highway Boynton Beach, FL 33435 Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 9.9 Governing Law/Venue. This Easement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a Page 8 of 9 Book20953 /Page1819 Page 8 of 12 state court of competent jurisdiction in Palm Beach County, Florida. l 9.10 Entire Understndi wan,. This Easement contains the entire derstanding and agreement of the parties with respect to the subject matter f. Vt 9.11 Amendment. No amendment shall be effective unless the same is in w and signed by Grantor, its successors and assigns and County. For pus of amendment, Grantor's successors and assigns shall not include owners of re`sr tiai condominiums constructed on the Property. 4 Time of Essence. Time is of the essence with respect to the perform every provision of this Basement in which time of performance is a factor. V V RE 1.-_,I la ER OF PAGE INTENTIONALLY LEFT BLANK v c Page 9 of 9 Book20953 /Page1820 Page 9 of 12 ■ f. } F p S . Y is t 1� 1 • Executed and delivered this 2 day of a UG u S 2006. Or) o ij. BOYNTON BEACH COMMUNITY o REDEVELOPMENT AGENCY, a public agency created pursuant to i Chapter 1:., Part III, F.S Signature (i i tness ignature , • F TpRM� • r. Print Name of Print Name ! 3 • .. _ L If) t:., Its: C‘nNW...M.1443 i Signature of Witnes J, Print Title s ` RobeA T Z 4on • Print Name of Witness t �0 1 i t STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing was sworn to / and ,subscribed before me this 8 day of Aos , 2006, by f w n s oa rlb44 a , the Boynton • • Beach Community Redevelopment Agency, who personally appeared before me, and he is [check one :] •personally known to me OR produced the following as identification: . 3 NOTARY PUBL C, STATE OF FLORIDA [NOTARIAL SEAL) My Commission Expires: ? /?.&/22 • SUSAN E. HARRIS lactrin°:;r2o,14 fbdds er q itpleMbit 23, 2 007 0 4 0 ho naryssrhan • • Book209531Page1821 Page 10 of 12 • • • EXHIBIT "A" LEGAL DESCRIPTION \ reels of land lying in Section 27, Township 45 South, Range 43 East, City o, f poynton Beach, Palm Beach County, Florida, said land being and lying in ' Plat of Casa Loma as recorded in Plat Book 11, Page 3 of the Public orgs of Palm Beach County, Florida, said land being more particularly deed as follows: Parcdl. C; That portre of the West 34 feet of Lot 4 and all of Lots 5 through 12, inclusive, h): North and West of the Concrete Seawall shown on Boundary an•� . cation Survey prepared by Sun -Tech Engineering, Inc., Job No. 05 -2925 • ; April 18, 2005 and signed by Mark A. Higgins, PSM No. 4439. Together With: �t The submerged lands • i portion of the West 34 feet of Lot 4 and all of Lots 5 through 12, incl ., e, lying South and East of the Concrete Seawall shown on Boundary and Nation Survey prepared by Sun -Tech Engineering, Inc. Job No. 1 .' 25, Dated April 18, 2005 and signed by Mark A. Higgins, PSMNo.Yt Less except therefrom a portion ofLots 10, 11 and 12 described as follows: Beginning at the Southwest corner of said Lot 12; thence North 89'57'20" East, along the South line of said Lots 10, 11 and 12, a distance of 115.13 feet; thence North 0'02'40" West, a distance of 69.44 feet to a point on a line 69.44 feet North of and parallel to the South line of said Lots 10, 11 and 12; thence South 8'9'57'20" West along said parallel line, a distance of 117.46 feet to a point on the West line of said Lot 12; thence South 1'58'03" East along said West line, a distance of 69.48 feet to the point of beginning. Parcel2 The South one -half (S.1/2) of a 55.00 foot abandoned Right -of -Way of Casa Loma Boulevard, lying North and adjacent to the West 34 feet of Lot 4 and all of Lots 5 through 12, inclusive, as shown on the plat of Casa Loma, recorded in Plat Book 11, Page 3, Public Records of Palm Beach County, Florida. Book20953 /Page1822 Page 11 of 12 EXHIBIT "B" LEGAL DESCRIPTION > o Cc� V ast 16 feet of lot 4 and all of lots 1 through 3, as shown on the Plat of C9 -Loma, Recorded in Plat Book 11, Page 3, Public Records of Palm Beach Cou Florida. • CL_�1 Book20953 /Page1823 Page 12 of 12 ATTACHMENT 2 SITE ANALYSIS REPORT /ARCHITECTURAL ISSUES Boynton Beach Community Redevelopment Agency • 04 June 2009 T Boynton Harbor Marina ' t SITE ANALYSIS REPORT — ARCHITECTURAL ISSUES Introduction: On 9 March, 2009 the project team visited the Boynton Harbor Marina site to observe existing conditions and current recreational activities. Specifically, this report covers the • architectural issues encountered relative to the Dive Shop building: I i • Condition of the existing Dive Shop building • Suitability of existing Dive Shop building for re -use • Recommendations for adaptation of existing Dive Shop building site Within the protect area, the Dive Shop is bound by Casa Loma Boulevard on the north, Northeast O Street on the west, an access drive to the parking lot on the east and boat slips on the south. There are existing structures on site that have been evaluated for reuse or demolition in the Concept Plan developed by MSCW, Inc., however, certain buildings, existing park furnishings and other landscape elements will not be included in this portion of the report. II. Condition of Existing Dive Shop Building: The existing Dive Shop building was observed, inside and outside, where accessible, to determine the conditions and suitability for its present and anticipated use in the Concept Plan. Observations include the following: A. This two -story approximately 2,700 square foot building is scheduled to remain on site, and fronts on the existing marina with automobile parking on two sides. The ground floor contains retail space for a Dive Shop, dive shop equipment storage area and small office for the fishing drift boat operator. Building structure appears to be concrete block/stucco walls with a precast concrete floor and wood roof trusses. . of B. It appears the building was built a' sometime in the 1940's and 1950's. • The structure is worn, dated and �+ + • , does not meet the wind load 1 �1 I I VIII I Ii i � ll'�'_�- • requirements of the Florida Building ;,,v• PIP l / Code. r ' ` „ -01E6 atlnmn,Til - r: ■ Stephen Borvff, AIA Architects + Planners, Inc. C. Entrance to building fronts on the southwest corner of the structure fronting on Northeast 6 111 Street and is not ADA accessible. East end of building contains a roll -up garage door to access a storage area. D. Existing heating, ventilation and air conditioning (FIN/AC) systems are extremely antiquated and will require substantial modifications to comply with the most recent Florida Energy Code, E. Existing electrical systems are undersized to meet required Toads of Dive Shop air compressor systems and consequently has required secondary temporary electrical system upgrades. F. Existing front door connects to the adjacent dive boat and drift boat operations. G. Building appears to be non- accessible for the handicapped. j Building currently has restroomH — ' facilities, however, these restrooms 7'.4; f -� • are not accessible to the handicap1 J I t o ¢ and do not conform to the Florida 11 YI IAIiI II� 111111 Itllia Accessibility requirements. Currently, the CRA has offices on the second l +,'�.1 � € I ' floor and intends to relocate its offices PI'�r+ offsite. Access to the second floor is ! 1 not addressed for the physically handicapped. H. Exterior storage areas and space allocated for ice machines is extremely unsightly and presents public safety and potential health issues. I. The prominent location at the northwest corner of the site gives this building an importance that is not indicative of the intended character of the harbor master plan. The architectural massing and modest detailing has a Spanish/Mediterranean appearance without tying it to any specific historical period. There is no historical or architectural significance to this building. Much could be done to improve the appearance; however, the building is publicly owned, so little should be budgeted for improvements, other than cosmetic work to tie in with the proposed marina architectural character. J. Explore possibility of providing new 1,000 to 1,200 square foot structure at this location on existing pile pattern. New design should incorporate `old Florida feel ". This building will be redesigned to reflect the new architectural character of the marina area. ■ Stephen Boruff, AIA Architects + Planners, Inc. III. Suitability of Existing Dive Shop Building for Re -Use: A. Building has a low suitability for re- use. Poor visual appearance for residents of nearby Marina Village at ,1' Boynton Beach condominium. h h T " ` 4 B. Existing activities and functions = • ,' could be better integrated with y% � proposed marina use and activities. - ,: �+ r ; C. Building has a mixture of - l =:4 , • architectural styles and construction and major cosmetic work Is needed a to tie building appearance into proposed overall architectural character. D. Architectural style is dated and not compatible with Intended character for marina !• facilities in general. I E. Office functions not needed for CRA, parks department support or operations. F. Blocks access and visibility into marina streets and parking areas from access road. G. Existing building footprint may be re -used for a new single story, accessible building addressing pedestrian activities, harbor needs and designed to tie in with new architectural character. IV. Recommendations for Adaptation of Existing Dive Shop Building: A. Consider the following Improvements to tie the existing architecture into the overall new architectural character for the marina: • • I. Paint entire building exterior with �• :: 1 new paint scheme to tie into marina character. ii. Re- stucco entire building with _ '' ? t horizontal lap siding on the {i fi i� ` lower level to reflect the architectural character of the i SWV " °;v i• manna area. iii. Provide new fabric awnings/trellis sunscreens on metal frames at upper windows °.- and over stairs. E iv. Replace existing precast concrete guardrails and handrails with ornamental railings of a design and color suitable for coordinating with others throughout the marina area. v. Demolish existing "SeaMlst" space and tum into an exterior covered porch. ■ Stephen Scruff, AIA Architects + Planners, inc. • vi. Create a "screening" element at east end of building to conceal mechanical equipment and service areas. vii. Provide new decorative Tight fixtures on the exterior columns to match the light fixtures in the manna area viii. Remove existing roof and provide new standing seam metal roof. ix. Repiace all exterior windows with new impact resistant windows. x. Add an elevator to provide access for the physically handicapped to the second floor. • xi. Add ADA accessible handicap toilet facilities to the first and second floor of the building. xii. Provide accessible entrances to all spaces on the ground floor. xiii. Add base planting and benches to enhance pedestrian contact and use. xlv. Add ground lights for illumination and visibility at night. VI. Cost Considerations Renovate Existing Dive Shop building: Paint Exterior of Building $ 17,500 Re- Stucco Building 28,500 Awningslfrelils Sunscreens 12,000 Ornamental Handrails 11,000 Exterior Covered Porch on West Side 8,000 Visual Screen on East Side /Storage Gates 9,000 Roof Replacement 28,000 Replace all Windows 75,000 Hydraulic Elevator 25,000 ADA Accessible Toilets (4 total) 40,000 Fix Accessible Entrances 4,500 Landscaping and Site Fumiture 7,500 HVAC Upgrades 9,500 • • Upgrade Electrical /Electrical Light Fixtures 27,000 Subtotal $ 298,500 Unforeseen Conditions (20 %) 59,700 Total $ 358,200 New Retail Building: 1,200 square feet at $200 /s.f. $240,000 • "'Stephen Boruff, AIA Architects t Planners, Inc. • V. Summary: It is our recommendation that the existing Dive Shop building be demolished and a new 1,200 square foot, single story structure be constructed on the site to " k F ;�, provide a unifying architectural character = I ; $ f \�'= to the marina area. Located adjacent to ' pllll)I e I • the dive boat and charter boat dock area, I _ • this structure would provide a covered , i P v exterior social area 800 square feet of ;'? ` II , } retail /public meeting space and accessible 1 ' '. 'll , • men's and women's toilet facilities. This new structure would be built in conformance with the Florida Building — Code. Stephen Boruff, AIA Architects + Planners recommend that the existing two story 1200 square foot Dive Shop be demolished and a new Dive Shop constructed on the site best located adjacent to the dive boat and charter boat dock area where the new facility would better relate to all the water based activities. Consisting of sheltered areas for social interaction and escape from inclement weather, 800 square feet of commerciaVretall space to further emphasize the waterside nature of the wharf area, public meeting space to provide options to the community to take advantage the water front and restrooms to better accommodate the people that use the development the new facility would complement the overall design intent established by the site =. design. • The existing building is over sixty years old and because of its age has several inherent issues that will need to be addressed if it were to be reused. The two story building will need to be fitted with an elevator to meet the ADA requirements, the windows replaced to meet the hurricane code, the structure will need to be reviewed to insure the Its Integrity meets today's building code, the roof will need to be replaced, the architectural "presence" of the building will need to be updated to better represent the overall visual essence of the project, the building will have . to be retro fitted to meet the fire safety regulations (sprinklers, alarms, etc.) and the interiors will need to remodeled to satisfy its use. "Remaking' this building into facility that satisfies all the codes and regulations that govern today's construction and responds to the needs of the development comes at a cost. It is our professional opinion that this cost to refit the existing building to a level that will satisfy the needs of the community, meet the present codes and regulations and represent the design and program of the development will exceed the cost of constructing a new building designed specific to the goals and vision of the Boynton Beach Community Redevelopment Agency. A new Dive shop is truly a win -win situation for the entire community providing a new facility that is constructed to the latest standards, an architecturally viable facility that reflects the rejuvenation of the harbor and for a cost that Is less then renovation. • Stephen Boruff, A/A Architects + Planners, Inc. i-- ;I 4,a,, ‘.1 .-.) , 4 .. . j.. 61_4;4 . i -_ f :._, ti ,I r k; fl .r _ I II �h .; -Q�..T..... r -- ` ^`._ d °® * s � 9 1 G `oil - .J�" a It �'�I"f. ,a its{ ,, ,Cfi r 4 71 f I �� _- 1 �i 1 � a[ 1 Few , 3 t_>. :; ;�,. b C3 u 4 _ , ill" ::, ? ,-- j 1 . _ , f 4 I ; !.i I .' vt1'y��'��c� kd 1 , 0 a , e s j: 7"- s #� aft. a V J.' Fi r'_ 3y 47•111111t1 •�4 r l :., t �,LL °FqW 0 r a i , r ` C3'. -a'__ y�"i51X_,xn" !__..�<^. rr i(�� -y�! 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SPLASHDOWN DIVERS, INC. 700 Casa Loma Blvd Boynton Beach, FL 33435 RECEIVED September 8, 2011 Mr. Ross Hering, Director SEP 1. 4 2011, Property and Real Estate Management Palm Beach County 3200 Belvedere Road, Bldg 1169 West Palm Beach, FL 33406 -1544 RE: ENFORCEMENT OF RIGHTS resolution no.R- 2006 -1919 Dear Mr. Hering, I recently spoke with you regarding the easement that the Palm Beach County purchased from the Boynton Beach CRA in 2006 with a portion of the $50,000,000 Waterways Grant ( ?) As I brought to your attention, They (the Boynton Beach CRA) intend to demolish and NOT replace the existing structure known as the dive shop building. You indicated that you had not been advised of their intentions and that you would look into the matter. This building has served the boating public as a working full service dive shop (including waterfront air fill station, scuba gear rental and repairs and sales) for over 20 years. It also incidentally serves (due to its location at the entrance to the marina) as the logical welcome /information center. It has a snack center incorporated in the dive shop space with the appropriate licencing. Splashdown Divers currently runs these services and will be summarily thrown out in order to provide grass and palm trees to the surrounding dog owners at Marina Village Condominium. As the owner of Splashdown Divers and as a resident of Palm Beach County I beseech you to consider the impact of the removal of this building. 1. The "working marina" perception and atmosphere will be greatly reduced.. 2. Unique access to scuba tank fills from the water ( "boatside ") will disappear. 3. Access for the 6 dive charter boats and other charter fishing boats to our ice machine will disappear. 4. Access for those businesses to our repair tools and materials will disappear. • 5. The central delivery location for the charter boats will disappear. (Lewis Marine, UPS) 6. "Information Central" is to be transformed into a depersonalized sign system. There are probably many other reasons to keep the existing building and its current business interests going (especially since it is the only structure left of a significant if not ancient piece of Boynton Beach maritime history). I am hoping that you will see the benefits of stepping in and requiring the CRA to keep the almost 50% value of the property they "encumbered" to the county by the easement sold. Waterfront Preservation Easement and Declaration of Restrictive Covenants ARTICLE V FUTURE DEVELOPMENT Grantor agrees that no development will occur on Property other than future construction or renovation (demolition ?) in conformance with the restrictions set forth herein......No additional development of the Property shall occur, nor shall any further improvements or alterations be made to the Property which materially alter the current Marina, or which otherwise impairs, restricts, eliminates or impacts the existing marina uses... I am requesting permission to be advised and/or informed of any actions you intend to undertake as I do have a vested interest in the end results. For 28 years I have built a business based on this marina and have suffered through all the "birthing processes" with little complaints, believing Them when They said it would get better and we would all benefit from the changes. Being squeezed out of business and not being allowed to be part of the end results is NOT better. I only ever wanted to be part of the solution and now I am being tossed out with the leftover garbage. I appreciate the time and consideration you and your staff have spent on this and look forward to seeing a just resolution. Sincerely, Lynn • . Simmons 561 736 -0712 Splashdown Divers, Inc. ATTACHMENT II t p, _)005 ii p 4 ,, ,, $ ,t, ,....,^ , M 111 I 111 Le 10„.41 ( : $4. 7 I� I. as t ti La II6 i L ,.. , , Wn >f If M• lb t O 1 r I . rift t ts! OS w_: ,.. t __ _ 1� E _ a L t. t . _ . fig . .. 'r d 1 I $ . 4: I i .. 8 C. a 1...•w....7, r ! c ‘,. i - ....... 1 Z ' li , i ,. \ Ff !; 4 04 1 / A MaNNW ire ' 0 --°.•.-: ' 11 • liktic. ',...: ' jil t , .. ' '41141 0011%.,-.4 s, * "il• • [ -.--,°‘ 41 • • ° • t . l' ._ -. A • las ... , t., (t) , .6 '11 - • .1. . ° g 0- — I :4. 4'1 : ; : ..:::-. - '' . ' ' :•.4• , I. . 4 • . . . Ilf 11=1 1 ' ' E 41 1 . ,-.: 11.. 111 I •. > I 41M°' I OD 1 a) 41I ,,:: r Ilo NM - 0 • Ilat 1. -''-'•'-:• CD z I L . 1 i I I Unile so - MD OOP a) 4firel . 4 - es/ 4-0 4111 . 1 ' ..•••••••• . 1 --M>-- , . (/) ..,...• ' I . OD. . i.. i no vit . .1 , •4 CD 4Il 1 1 ii 1•111 , . .„,, am • 11.Wo , 1 _CD o , _0 i■ r, - ' -4 - . .10 7.,, cp 1 [. :. ' ' 7 , ' T: •■:' '''. ' : ' 1 1 I: . . ' C i: --•-•••• - - ' '' L. . i , :,:'' ..co 0 ,.. 1 r A ' c >+ 0 - :: ' `=•;- '4. ' '' a Lk . ti., - .,' - - - CO lalt91 ,g; ''740 _ ,.. ' . - It:: ---.•It , i - 1.1-4 - 4POPiri: . 1 • : - ...- • ° r, , . BOYNTON cA r...IBEACH CRA BOARD MEETING OF: May 15, 2012 Consent Agenda Old Business X New Business Public Hearing 1 Other SUBJECT: Discussion of Potential Dates for CRA Budget Workshops SUMMARY: The CRA Board typically holds the CRA Budget Workshop in August. Last year the CRA's Budget Workshop was held on August 23, 2011. Staff is recommending the Board chose one of the following dates for the public workshop: • Wednesday, August 8 • Wednesday, August 15 (Note: the CRA Board meeting is scheduled for Tues., Aug. 14) • Wednesday, August 22 • Wednesday, August 29 The final budget will be presented to the CRA Board for adoption by resolution at the September 11, 2012 CRA Board Meeting and thereafter brought before the City Commission for ratification on September 18, 2012 (the date of the City's 2nd Budget Public Hearing and Final Adoption of the City's FY 12/13 Budget). FISCAL IMPACT: FY 2012 -2013 Budget Workshop CRA PLAN, PROGRAM OR PROJECT: All CRA Plans and Programs RECOMMENDATIONS: Provide consensus for date for the CRA FY 2012 -2013 Budget Workshop Vivian Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \May 2012 \Discussion of Potential Dates for CRA Budget Workshop.doc CD ++ N ' a p O CD N N N 0 O l O Q . 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C L L C 7 13 O N • L = ..1C Q N C O v d C o =C) c,� 03C >, ) � Lo Vu.ON 0 l � E =0 2 Heart of Boynton Redevelopment Strategies 2001-2012 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 $ 2,482,604 Closed on a total of 2.89 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non - profits to conduct numerous Community Improvement trash pick -ups, purchase of trash cans and 7 Grant $ 25,000 support of neighborhood clean -up efforts Total of 14 lots developed into affordable single - 8 Housing Inn $ 976,310 family homes MLK Corridor Property 9 Assemblage $ 4,033,116 assembled 3.8 acres Galaxy Elementary 10 Painting $ 92,000 completed 11 CRA Policing $ 458,100 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 $ 8,840,000 Completed 2/08 Seacrest/MLK 14 Streetscape Plans $ 187,215 Completed Seacrest/MLK 15 Streetscape $ 1,300,000 Completed 6/2011 Ocean Breeze West Site 16 Development $ 533,000 Site work for 21 home subdivision 17 Small Business Classes $ 59,000 Completed 5 Sessions 18 St. Johns Family Picnic $ 8,000 Community Project 19 Heritage Festival $ 105,378 4 Events 20 Community Projects $ 27,648 Public Art & Youth Programs TOTAL $ 29,040,067 CADocuments and SetdnaslutterbacktlLocei Settings\Temporary Internet Files \OLKD1 \HOB investment 2001 - YTD