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Agenda 06-12-12 CRA Board Meeting Tuesday, June 12, 2012 at 6:30 PM 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. 4th of July – Salute to Independence B. Boynton Beach Community Farmers Market VIII. Consent Agenda: A. Approval of Minutes – CRA Board Meeting May 15, 2012 B. Approval of Period Ended May 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Commercial Façade Grant to 416 Boynton, LLC E. Approval of Commercial Façade Grant to Shiv Shakti Donut Corp. d/b/a Dunkin Donuts-3701 S. Federal Highway F. Approval of Interior Build-Out Grant to Lucertola, LLC d/b/a Bad Ragaz Halle & Biergarten G. Approval of Rent Subsidy Grant to Lucertola, LLC d/b/a Bad Ragaz Halle & Biergarten IX.Pulled Consent Agenda Items : X. Information Only: A. Public Comment Log B. Events Recap - May 2012 C. Update on “The Little House” Commercial Interior Build-Out Project XI. Public Comments : (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Update on Ocean Breeze West Housing Development B. Consideration of Resolution 12-02 Authorizing the Funding and Execution of Purchase Agreements th for the Luchey Properties located at 118 and 124 NW 10 Avenue in the Amount of $140,000 C. Update on the Request to the PBCC for an Amendment to the Waterfront Easement Agreement at the Boynton Harbor Marina and Status of Ongoing Issues with Splashdown Divers, Inc. D. Review and Recommendation of Responses to Merchant Services RFP E. Consideration of Request to Bifurcate the DIFA between the CRA and Gulfstream Gardens, LLC for Phase I and II of the Seabourn Cove Development F. Consideration of Requesting an Amendment to the NSP Ocean Breeze Agreement between the CRA and the City to Allow for Time Extension G. Consideration of Request by Habitat of Humanity to Extend Development Timeline for 4 Lots in HOB XIII. New Business: A. Consideration of Providing Economic Development Assistance to Sea Mist Marina, Inc./Sea Mist Enterprises, Inc. B. Discussion of Loitering Problem on CRA Property C. Consideration of Contributing to the Realtor Training in Historic Preservation D. Consideration of Match to Grant Application for the Creation of a Heritage Trail and Interactive Online Map E. Consideration of Match in the Amount of $1,400 to Creative Business Alliance for the “Breezin thru st the Arts Event” to be held on Thursday, June 21 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 BOYNTON CRA =BEACH CRA BOARD MEETING OF: June 12, 2012 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Announcing 4th of July — Salute to Independence SUMMARY: • Salute to Independence, Wednesday, July 4, 2012 • FREE EVENT. beginning 6:30 to 9:30 p.m. at Intracoastal Park • A concert with the Monique McCall Band begins at 6:30 p.m. until 9:00 p.m. • There is a Patriotic Salute scheduled for 7:30 p.m. • At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky • Food and beverage vendors will be on -site • Park and ride the shuttle from Bank of America on the NE corner of E. Ocean Avenue and N. Federal Hwy., or park at the Boynton Beach Community High School on Gateway East of Congress, The shuttles runs from 6:00 p.m. until 10:30 p.m. • No Pets or personal fireworks allowed in the park FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS/OPTIONS: , / „ �, ;4 Kathy Biscuiti Special Events Director Boynton Beach CRA Presents 5ALUTE TO 44. •, INDEPENDENCE 4t 4 DNESDAY OF 6 :30 - 9 :30 p.m. Intracoastal Park Federal it , so f ,,,,. Blvd. 6:30 - 9:00 p.m. Live Music H t . HCaLL Ea't4 P, 7:30 p.m. Patriotic Salute by Lou Galterio 9:00 p.m. Spectacular Fireworks Fireworks by ' ` ) \ Free, ample parking & shuttle from two locations: Boynton Beach High School, Gateway Blvd, east of Congress NE corner of Federal Hwy & Ocean Ave. i I • */ ill rat 4 -; i s ``t e. . ' o f . At No pets or personal fireworks permitted! a , , , . ,,, , BOYNTON (' 11)( 1'IhI 1) ..?11'4„t BEACH BOYNTON cRA =BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda I I Old Business I I New Business I I Legal I 1 Executive Director's Report SUBJECT: Announcing Boynton Beach Community Farmers Market SUMMARY: • Community Farmers Market every Saturday 9:00 a.m. to 2:00 p.m. • SE corner of Boynton Beach Blvd. and N Federal Hwy. • Approximately 25 — 30 Vendors. • The market includes fruits, vegetables, Greek food, Kansas barbeque, nut butters, goat cheese, honey, pastry items, fudge, dog biscuits, hummus and vegetables spreads, soaps, old fashion sodas, vitamin drinks and smoothies, spices, ceviche and jewelry. • There was a steady flow of people during the entire timeframe. • CRA providing two HC port-o -lets for 62.00 per month and every other month ant spraying for 80.00 per month. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS /OPTIONS: yr i /. Kathy Biscuiti Special Events Director MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, MAY 15, 2012, AT 6:00 PM, IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Steve Holzman (arrived 6:18 p.m) Mark Karageorge William Orlove Marlene Ross I. Call to Order The meeting was called to order at 6:01 p.m. Chair Hay announced this was a special meeting of the Community Redevelopment Agency Board and at 6:30 p.m., the regular Commission meeting would begin II. Invocation and Pledge to the Flag Vice Chair McCray gave the invocation. Mr. Orlove led the Pledge of Allegiance to the Flag. III. Roll Call Roll call was taken. A quorum was present. IV. Legal None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Buchannan pulled Items VIII. F and G. He requested they be placed after XII. A, Old Business. Mr. Orlove pulled Item X. D. Mr. Karageorge pulled Items VIII. D; and X. A, C, and E. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 B. Adoption of Agenda Motion Vice Chair McCray moved to approve the agenda as amended. Mr. Orlove 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 Chair Hay disclosed he spoke with Lynn Simmons of Splashdown Divers. No other Board members had items to disclose. B. Informational Announcements Mr. Karageorge advised he attended the Chamber of Commerce monthly mixer at Cypress Creek and the luncheon at Indian Springs. Although he did not attend the Building a Better Boynton Beach Workshop held at the Woman's Club, he was able to get the Chamber ambassadors to volunteer and handle the check -in. Mr. Karageorge acknowledged and thanked the volunteers and presenters. Mr. Karageorge shared that Cuthill's Backyard had started a Saturday and Sunday brunch, and commented that after meeting with Chrissy Benoit, she was making great progress with The Little House. Mr. Karageorge also shared that last week was Woman's Build Week and Habitat for Humanity had 39 women working on the project on Seacrest Boulevard, Ms. Ross advised she attended the annual pot -luck dinner at the Boynton Beach Historical Society held at the Woman's Club. She received acknowledgement from many people on the progress that was being made on the Old High School. Mr. Orlove attended the last movie on the Avenue. He advised he attended the Bury the Violence March that took place earlier in the month. He felt it was a start at addressing the many issues in the City. He mentioned that at a County Commission meeting earlier in the month, he spoke to the Commission on behalf of the Board regarding the issues with the Dive Shop. Vice Chair McCray shared that he attended many events and enjoyed the Sunday Funday. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 Mr. Buchanan advised he attended the Building a Better Boynton luncheon and thanked the CRA staff, City staff, Chamber staff and volunteers for a very successful event. He also advised that tickets are still available for the Taste of Boynton. Chair Hay advised he attended many of the events already mentioned. He also attended a very uplifting ceremony in Delray where the Urban League recognized honor students. He acknowledged one of the students that was present at this meeting. Chair Hay announced that on May 27 he would be ordained as a Minister. His ordination service would be held at the St. John Missionary Baptist Church and open to anyone who would like to attend. VII. Announcements & Awards: A. Boynton Beach Community Farmers Market Ms. Brooks announced the first Farmer's Market would be held on June 2 at the corner of Boynton Beach Boulevard and Federal Highway. There would be unique, gourmet vendors. She presented all the Board members a pin that was created by a local artist and gave a book on loving your city to each Board member. Chair Hay advised he spoke to the Executive Director and the Vice President of Subway. Their regional office was located on Boynton Beach Boulevard. Chair Hay shared that he sent them a letter and a bag of "goodies ", welcoming them to the City. 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 This item was pulled. 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. This item was pulled. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Ma 15, 2012 G. Approval of Extension of Time for Commercial Facade Grant to Splashdown Divers, Inc. This item was pulled. IX. Pulled Consent Agenda Items. VIII. D. Approval of Extension of Time for Interior Build -Out Grant to the Law Offices of Angelo A. Gasparri, LLC Mr. Karageorge wished to acknowledge Angelo Gaspar' and his firm. Since coming to Boynton Beach from Boca Raton, they had been a model of what a business should be. They had been actively involved in the community, participated in Chamber events, outreach events, and had been extremely supportive in other events throughout the City and would recommend and support an extension. Motion Mr. Karageorge moved to approve the extension. The motion was seconded by Mr. Orlove and unanimously passed. VIII. F. Approval of Extension of Time for Interior Build -Out Grant to Splashdown Divers, Inc. Mr. Buchanan requested this item be moved and combined with Old Business, Item A. VIII. G. Approval of Extension of Time for Commercial Facade Grant to Splashdown Divers, Inc. Mr. Buchanan requested this item be moved and combined with Old Business, Item A. X. Information Only: A. Public Comment Log Mr. Karageorge advised he responded to Mr. Fitzpatrick to convey the history of a property due to his previous service on the Code Compliance Board, in addition to what had been addressed in the past. Mr. Karageorge also expressed his appreciation to Margee Walsh for her participation in the advertising programs. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 B. Events Recap — April 2012 C. Rustic Retreat Commercial Facade Project Completion Mr. Karageorge mentioned that if anyone had not seen the finished product, it was a big improvement to Federal Highway. It was cleaner and neater and encouraged people to visit the site. D. Quarterly Update -- Media Coverage Mr. Orlove commended Margee Walsh for the publicity received in the last two weeks. There had been positive publicity about several activities occurring in the CRA. He also inquired if she could count up the column inches received in publicity. He felt it would be good to show value added publicity received. E. Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not Exceeding $10,000 to Provide Developer Review and Market feasibility Analysis of the Lansing Melbourne Proposal for the Old High School Mr. Karageorge thanked Ms. Brooks for the firm selected. He was familiar with their work and expressed they were a quality firm. 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. XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project Mike Simon, CRA Development Director, advised this item was a brief summary of the outcome of the meeting that was held by the Palm Beach County Commission on May 1st_ The meeting included CRA's presentation of the demolition of the Dive Shop building and the moving forward with the permit - approved plan. It woud create a public space at the marina, with seating, lighting, landscape enhancements, and hardscape along with roadway improvements. Those in attendance, along with Mr. Simon, were Ms. Brooks, Attorney Cherof, Mr. Orlove and Chair Hay. Despite efforts, the County Commission voted to table approval or disapproval of the request to move forward with the project and support continued efforts by the CRA and staff to work with Ms. Simmons and the Dive Shop. It was identified that the Marina Village area, if not the Dive Shop, was a suitable and desirable location for Ms. Simmons. Mr. Simon advised 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 he attempted to speak to anyone who had an available unit within Marina Village and provided information on those units in a spreadsheet supplied to the Board. He described the available units and the unit Ms. Simmons was interested in. He advised staff was looking for direction from the Board whether to become involved in negotiations for Ms. Simmons. Mr. Karageorge opined that the unit being discussed was a very good deal and felt it was a good starting point. Since the Board was not involved at this point, Ms. Simmons could negotiate with the management company and he would encourage that. Chair Hay was in concurrence. Mr. Simon proceeded to describe the other units that were available along with their locations. Mr. Buchanan commented that this was an agreement between two private parties and did not feel there was a place for the Board to comment. Mr. Orlove commented that based on the meeting with the County, the County felt it was the Board's obligation to assist and felt it was also their obligation to assist, as well, as long as something comparable could be found. No discussion had taken place with Ms. Simmons yet, only with the landlord. There was discussion on the build -out grants and extensions. Mr. Buchanan inquired if Ms. Simmons had shown interest in moving to the location being discussed. Mr. Simon indicated the only interest shown was through her public statements. He added that the one of the goals of the CRA, despite the issues that are at hand, would be to redevelop the marina. The desire would have been for it to go smoother. Motion Mr. Buchanan moved to direct staff to conduct negotiations and to extend the two grants with a 30 day reporting period. Mr. Karageorge seconded the motion with discussion by Mr. Orlove. He inquired if it seemed like a reasonable option to Ms. Simmons. Lynn Simmons, Splashdown Divers, 640 E. Ocean Avenue, Unit 14, confirmed the rent amount of $1,900 and mentioned it was for less space than she had currently. She added it was a priority for her to be closer to the boat and if the building had to come down, which was another issue, she would certainly pursue anything closer to the boat. There being no further discussion, the motion was passed 7 -0. XIII. New Business: A. Discussion of Potential Dates for the CRA Budget Workshops Ms. Brooks requested direction for a date for the budget workshops. After discussion, it was decided to hold the Workshop on August 22, 2012 at Intercoastal Park. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 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) XVI. Adjournment Chair Hay adjoumed the Community Redevelopment Agency portion of the meeting at 6:50 p.m. e acz i , Ellie Caruso Recording Secretary 7 „.... BOYNTON =BEACH CRA BOARD MEETING OF: June 12, 2012 X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 I Public Hearing 1 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending May 31, 2012. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve May financials. kfrt.-e.7 440 Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Financial Report.doc 0 a10-000 01 .-1 N 01 01 01 CO CO O a O 10 01 r o 0 LC) 0 W H 0 4 - 1 0 0 0 N In CO 0 a r1 r 01 CO N 0 r1 r al O O a 0 ELL 0 Z . - 1 N 0 0 0 a U0r mM 1001a Mr 0)0CID 0111 a 0 i a 0 , --1 r M M N 1 0 M 1C1 a a 0 M M a N N o p H ra .-. O P O 10 N CO O 10 01 N M 01 0 N M UO 01 0 r 4-1 r 0 In M r A O 10 M M O O1 10 a a r N a .-i ai a 0 0 a CO O N M M W • 1 a s N O c0 . . . 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W O o a 0 r H v 1 0 p H 10 1 11 0 0 11 N • 11 • i U 01 II N 01 11 N 1 CO N Z 0 40 N 11 N N a Ll i1 N W CO IU11 CO CO H -4 1 .-I Z N I N W 1 1 1 r l 1 a m I n A �,7 4 W a I v CI H H 1 U m lI � g H 11 t r o P9 co 11 CO 11 C N PG 0 x a N m l (1 ,4,�: >4 E 1 11I n W E r 1 1 .-1 O m1 1 in z H pH 11 o WW W W a 41 NI 0 r 1 0 u a W W to I I o II m 11 11 .i 0 H . Z 14 U' U -4 O 1n 11 0 I' in P HH 7 pW �p Pi H b W H 4-4 y ai Pz on PI m W ca ca W U 0 1 W 0 ) z `a 0 CO E4 0 cv 00 E 0 z W �7 co 1 w w W W N 1 a r'Z7 in N W H O 0 a 0 0 O H .,; BOYNTOKT =BEACH CRA BOARD MEETING OF: June 12, 2012 X I Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for May 2012. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. s / . i • ' • Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings\June 2012 \Purchases Less Than $25,000 doc Boynton Beach CRA Purchase Order Report Month: May 2012 Vendor Amount Funding Source Description CDI Enterprises $ 14,222 Project Fund 02-58200-402 Banners - BBB, Ocean Ave , Marina Swan Development $ 10,000 Project Fund 02-58100-203 Old High School Financial Feasibility T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\June 20121Monthly Purchase Order Report - May 2012 BOYNTON =BE CRA BOARD MEETING OF: June 12, 2012 X Consent Agenda Old Business ( New Business Public Hearing Other SUBJECT: Approval of Commercial Facade Improvement Grant application from 416 Boynton, LLC SUMMARY: 416 Boynton, LLC as the owner of the property located at 416 East Boynton Beach Blvd., Boynton Beach, FL, has re- submitted an application for the CRA's Commercial Facade Improvement Grant Program. On April 12, 2011 the CRA Board approved a Commercial Facade Grant for this applicant. The grant expired in August, 2011 and the Board did not approve an extension of time because applicant had not started the projected. Applicant is ready to begin the exterior renovations and has reapplied for eligible items under the grant program guidelines (stucco, paint, windows and awning). The Commercial Facade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02 -58400 -440 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to 416 Boynton, LLC for program eligible items for the property located at416 East Boynton Beach Blvd., Boynton Beach, FL. Vivian Brooks Executive Director BOYNTON'ffl ?( =BEACH Pk 2011/2012 COMMERCIAL FAPADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets If Necessary) I. APPLICANT INFORMATION Name of Property Owner: / &r,1,/ . ". , /9 . M ,X4' xP. "-Z - Address of Property Owner: %, I , /,! "i, 1/ f City /State: Zip Code: Phone # Da _, Evening: Legal owners ano le al d � n o tha property to be improved (please attach copy of g 9 P P Y warranty deed and lease, if applicable) Name of Tenant if Different from Property Owner Name of Business. Address of Business City /State: Zip Code. Phone # Day: Evening ��_-- ._.__- .__ - initials Pagel of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 Type of Business: Ad17/ / /e t° Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: List of improvements pro osed: 5 - "A "f' t./ti/l/A0 jilt 11. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA Area Map 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: • Painting • Shutters • Awnings /canopies • Decorative exterior facade improvements • Exterior doors/windows • Landscaping around the building • Irrigation • Parking lot re- paving, re- sealing, re- striping • Exterior lighting • Patio or decks connected to the building • Exterior wall repairs (e.g stucco, brick or wood repairs and replacement) • ADA improvements • Signage Initial 'fa" / Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 -737 -3258 w ,vw bayntonbeachcra.. om 4 All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations All contractors must be licensed in Boynton Beach /Palm Beach County. Please contact the CRty of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant application 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement 6. The Facade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. 7 The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable losing the grant reimbursement opportunity The Board may consider time extensions Disbursement of grant funds shall only occur if the following conditions are met: 1. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable) 2. CRA has received copies of final ''paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work 4. Entire scope of work for eligible items is completed 5. Applicant provides "After" photos III. APPLICATION PROCESS 1 An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal Inittai� Page 3 of b 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 ww h ..nr,vihr ac hri e . nm Highway, Boynton Beach, FL 33435, phone 561- 737 -3256 or download the application from www.boyntonbeachcra.carn /businesses/ 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Applicable documents must be attached for the Application to be processed. Written description of the improvements to be done to the property along with the following items: 1. W9 Form (attached) 2. Copy of Warranty Deed 3 Copy of Lease 4. Project work write -up(s) describing in detail the scope of the project, 5 Plans or sketches if applicable, 6 Site plan and plant list for landscape projects, 7. Third -party cost estimates from three (3) licensed contractors, 8. Estimated time line, 9. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 10 A minimum of four (4) 3" x 5" color "before" photos of the project which must include 'public views ", 11. Signage design with colors & materials proposed if applicable, 12. Project color chips / material samples if applicable, and material specifications. Initi Page of / 710 North Federal highway Boynton Beach, FL 33435 Phonc 561- 737 -3256 Fax 561 -737 -3258 wvw bc,13 tgnbe4chcrd corn By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and l 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 01 acts of the Facade Grant Program Agreement, including fProoram and Reimbursement Regulations. / Air /6 1 Wi''� (Date) operty Ow er (Date) - - lir --- - - Wit - - ` — (Date) / Property Owner (Date) e(? (Property owner's signature must be notarized) STATE OF FLORIDA COUNTY OF / BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared 411,e_ /�2 1,�/� , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ay of !/<ii„ _ , 20 NOTARY PUBLIC Arter gL,� ;T'iO�FLoTID My Commission Expires rti13 oG CC) INC �,[S.AIv"IIC flOND1 Page 5 of 6 710 North Federal Highway Boynton Beach, FI 13435 Phone 561 -7 -3256 Fax 561- 737 -3258 ( Tenant/Business owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of - , 20_ NOTARY PUBLIC My Commission Expires: Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com 416 Boynton, LLC 105 E. Palmetto Park Road, Boca Raton, Florida 33432 Tel: 561 368 4674 Fax: 561 362 8512 May 13, 2012 City of Boynton Beach CRA Ms. Theresa Utterback / Ms. Vivian Brooks RE: 2011/2012 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION Property; 416 E. Boynton Beach Blvd, Boynton Beach, FL 33435 The following is a summary of the attached facade improvement quotes regarding the above mentioned property: WINDOWS VITCAR Consulting Co., Royal Palm Aluminum, INC. RKonstruction Inc. 512,000.00 $13,828.00 511,600.00 NOTE: Preparation cost for window Installation /demo VITCAR Consulting Co., 5.R. Maesel Group, Inc. RKonstruction Inc. 53,800.00 $4,500.00 54,000.00 STUCCO MAESEL CONSTRUCTION VITCAR Consulting Co., Inc. Buildex Contractors $8,200.00 $8,000.00 $7,880.00 PAINTING RKonstruction VITCAR Consulting Co., Inc. Iglesias Custom Painting 56,200.00 55,000.00 55,020.00 AWNINGS (priced individually Walker Canvas Awnings VITCAR Consulting Co., Inc. Delray Awning 51,800.00 - 8,400.00 52,000.00- 8,500.00 8,570.00 FRONT PARAPET WALL EXTENSION General scope of work; form parent wall, columns, concrete, blocks, rebar tie beam etc, VITCAR Consulting Co., RKonstruction S.R. Maesel Group, Inc. Inc 56,000.00 55,300.00 $6,500.00 Please find attached a copy of my Bank of America bank statement reflecting my ability to pay for the improv . - s Iso, please find enclosed awning color and exterior paint color chips for your files. -1 y y OUTS, A . di 0+3'+3/2011 12:21 FAX 881 278 6$57 VITCAR CONSULTING CO INC W001 P TC41 C ans Cs., Itw l0O N.W. 1.1 Amen, Bake= ' "' Defray Beach, ;Wide 334413 T 561278.61110 • ! %1.27U157 Mrd T -t wrtrAlLeaa Ma' 24, 2010 4/402 ) 00 44/14444/6" I r. Arthur D'Ahneida 305 B. Palmetto park /toad BoaaaRaton, FL 33432 RJL 416 Bast Boynton Beach Blvd., Boynton Bead, FL P &OPQ"SA►L Dear Art1u>i In enooadsace with your sequeei, we have pupated dxt following Proposal ntgerdlag the abova- ireradotu rd property to amptet'tlte Nutt* Identified below: Windowr V12,OOO.00 Demo - ropare for new windows 5,800.00 Painting - exterior 5,000.00 Stucoo -bulling 8,000.00 Now fagadc; raise north entrance wall only 5,000.00 Awning- Find elevation only 2,000.00 Trellis: eWaded yey • f '?" • , 1 rte` i ` V ce P sidgat Co 1�rtbAR Congaing Ca, I. !t! j 0 . r I j i m ......... f � In m < 1 1 laLtet , i s )›. I i , ptl 0 - 0 I f 1 r , ,, , 4 ps i — - - - — i i - Isr" / 1 . , : ...) m I L L - ---, L / t it 1 1 r , a 1 ; v 6 I� z . 8 g . , i i i I , • ' L ____, , i i L _ ' (f, j g . , i I'' 1. e d in L a1 `, M E . ■ . . now pig soar re igni A158101 0 - ri fFs14 4154) "44°43 ifse .3 -z .6 24/ 0 / .. _ lr* Vnesr las A . 611 - +e;a tur ilawt lemma illvd.illoystso IR P 4 1 ittowessiams 1. gook up to elm time window • • as Booth wall 2. Cot oat ite ogle new door oper (1013) co ; w l 3. Con teat kir out now window • . gm& 4. R A ! e witsbwollis on two operant 1 b r ' 4 " W ata With Wag , twee $4"4° -1112631.. i# iWO )4. 0,1.411 L. Stoop to roach Ong on ell new block a < acmes 2. Pack any credo mad west doonagod • atl>er trades Q $1,500.00 I. &anon soy existing wail partitions for new out 2. Pit1201,6 soy donated drywrE 3 . &snows plots of, al darling 4. R e bona per pion • eG33 r; Frdn&c for new % all typo "A" sod sin to piems Pap LI TV 3W id NW 11099,0048 61:9t TttMg ZIa Zoo® SKI 03 50/7116013 O3 1Y3.LIA 6eee eia leg FYd ee :ej Tioai {ino 2. hisobeto "#P' wall typo w1 R-11 3. Rola w+als 'to moth =Wing tattoo - 15,E 00 1. brig oeraoio tap awed by oRb'eco 2.1ab r botlibliononiy Jltroorendo OVA Or met brodlatIon 3.'yits end do-at vat bmby Oka • 4.' No Wiling isichthodirstedel Quote *WOAD f i 1. Famish sod install two 36'x $r pro lung solid cote doors with cooing 2 . Pw ► *ad WW1 6" btil now boss daough° 3. Providcbodwi vper Owspun Quote; S1.750.00 G. Paid 10 411digall 1. Point interior walla one coat, primer and two wea finish 2. Pabst dew and tt . 3. Palm mocks wrslis ado coat prig rind two ° Ws' h Dart mob cobuncor mad MO 's . Foos ON porcat oolta t 2. Rotor and pour word wall coltourti ` :. Sot well blocks i1. and pow wad wa ll d beam C irlaalf&SUrAsaa— - 1, 1)111111110111164„wiedewo sad goal , tick Sion FrOct - i . ,ows per lisp specs . Famish mid WW1 1,Om %Vx50" Eta via 2. On 73" x SO 14 East vo ll 3 Your 36 K''' x 26 W" East/West PiP as SW * T ES9 OS6 612:9T Tte3 /E3/L6 COOP] OKI 00 DMIL'rn Ko: VALIA 1,019 fa TS; ZY3 sg-aT TTO6,Cr /to 4. Ti o 120" x 4$ North ri,1J 5. 34" Sr Sock wall 6. Ow 4* x ' South lMMil . NooRd& and WW1 lbo Ukoo6if t • 1. Ow Loft Soso 36"x WV IWigloa Z, Otat Right Mr3rxi4W'sibmisiaeo 3. Two iota &C d s 4. 'Wo dootdsdoaslrrs ',mill sod IWOtoIbIloviag -flied door 1. this 36'x tom'toast door/jam 2.OviSsot ofd 3. Goo dam cool000re Nolo Ow front pima Woo M 4 %seiz to be and ddiwtod darn this day of ordodae. Deposit do an dots of adrift Qwr1s $11,600.00 Noon P !ice elt dmpearga NOT i ooIndsd wa to 110 - 11 r IheIbel�lIlk00aad Wit � � O pe eeesbbeaedbae row ao moold sionmcdie los 111111i .'►0 Y.,.- "- - -ietawl peellminotormor .r11 siodiri plisioat A s y slandide or Sus * elate 4* d Was son 0040 said *IM w elan si gat to►1aae i e wen eeK lai he a-thelibr aweeasa beetaties. %teethe( s dAss 014r iaekteett UK eve eat crew istd rol air iakp► Ilrr Wililkikalid.4111symitin llie eeapiliel eretteseWIS W Abe tat NI .tll1 s IoNviuts 004 1D bc 0801108. mod sell* i as wit& vela etffiewliseet* . Aelheuierd A c rANIZE..., : :�� VP;abe,rappoas eoceStleekee sod en.ditiooemho* Yea Jim euteorbisst RKCeetreciieasDdolhc vaeker spend. Permed torit boiled, as uYIFMb *b00% ACCICIPMee P&P 3 /3 CO 3100'd TOCOMPS6 bit :9T TIOSAZiZ6 ,00l JNI 03 DRIZ'*.OSMO WALIA 44110 till T84 ZVd Lt:6t Tto is ao Nov 02 8QL0 1at5oPM 1 L.MIA AJET FAx ... _. i ii 11111i ROYAL PALM ALUMINUM, INC. ' . , Window Division BE liti Mimed EEO Pin Aluminum Phan* (661) vM4 and Moo Liu. r ii rO . ;. � 1 . dr, r 0 a ♦.. I ,.. - - ., k '1 ,i.. .a I .. Jr / i+ . i, ,1, m „rr.✓� r �. a i �s a � p. ■ . y � at S 0 Ir 0 1111"11H*11111111.171711111:11 W1 4 *r ili 0 11111 111M COI Vita. w •� • • J i• 1 ■ WI L AO �rBM III 111 W ....._ 5.. it , i n . immiu* M it ai t• t .e / .• �' rt'i.l; . p'„ p. 11111 I I 1 1111111111111111N Mil MI. 1 r t •. .4 .!♦ I rr• II •.L r t .t �. .f . J /' #., j` . +, Y Y -4 __t_. _________17._.......r MEN ME ____ .. _ _ _ . ...__. 1_ 1 -- - . • ....,,......+_...1 �.__ _, J. s_. .. _ __ .� , ... -- IJ I LHL _ _ grAL. irtnarsiunroarmwerer=ess wri we x . c. j . Awes at Sakti RUILIMONJUSIALLAMS minim ,....- ."":543 - I. otomb• _- Ammre rliMtiitvliNll.OW wMr r WOW ohm r.r,liND.i Omidinv ._. __.._ . TOOL a. OW � k + L ft L e r.. anrt+r 4rrr. +w+oNw� m�!, �••• ti M�rw r► iwiw w wwe MY M�M�ww �t LMr rr► w►r�rrurr► OR OW gOLOACOON0 �+ww Mrar�wwr6rA w+r .warNrt r ! M X. � Moll at peparalbOr * *lir NQ Mw 91 .r f Uf N ali• cedar nnmh_r. or .rf W. .ww a'a''""”' OM 900 1 NU DO 9}LLII16NO3 JY3,LIA LO99 9LZ 199 Iva L9:91 TTOZ /CZ /ZO • 175 N. CLEARY ROAD A -1 WEST EST PALM BEACH, FL 33413 BUM:lime L1 N SEt1 CBC1256355 TEL: 561.423.1555 FAX: 56 L370 4381 Gil'.'' -ac rat DI EO@9UIL.0E'7tCONTRAC'IORS.CO:bt 49,0) R� WW3UILDEXC•ONTRAC"TORS,CO M 41 7,, , CONTRACT k 11 ,7 Contract: The contract mad* an of its rine of acceptance of Build= Counha*os heron' termed "auntractur" and the party name.' below, bourn termed "owns'. Refenebo° simultaneously made to bath "contractor" and `owner" are hereto termed the ° peaks*. NAME: Boca Raton Design end Development, Lt-C MA LE∎Ki ADDRESS: 1 05 B Palmetto Pork Road, Boos Raton, FL 33432 JOB ADDRESS: 41b Boynton Bomb Blvd, Boynton Batch, FL 33433 CONSTRUCTION SPECIFICS: We propose to ftirnn1 h material, labor, and equipment to complete the tbllowing wok Pressure wash =Wrier of building. Prepare buildng ibr the application ofsui co. Supply and a pply bond. Supply and apply steno& atnexo. Build= Contractors claims to ixanplete thus Job in (30) days Rum commencemcnt date. Barring any circumstances Hated in section seven of thin agreement, or delays by owners ht choosing materials or access to job site, ermine for guarantees complcron of work listed in "construction specifics" section in no more than (36) days. Shauid contractor toil to meet his obligations set forth in this timeline, owners will be credited utt tutel work order S30 per day 9*r the (30) day timeline. Addhinmunl ter= Payment Terms. Contract Grand Tete] Amount: j Owner agrees to pay contract bat euxc in amounts she ;., at the following states to completion of stage. Contract acceptance deposit 50% S 3,940.00 Mal Payment 50% S 3,994,200 • OWNER/REPRESENTATIVE DATE FABIO SANTANA - CONTRACTOR D4 E 1 SECTION ONE PROPOSAL AND PLAN .arraceocrmnll construes the work in urethane= with tbu stpe. Juomi, omtract, ad as r weadrssedare meaner. Cremona is not fbr fiaaiebiie any rmpmwmmb other than the stntates. each as benesepa*, gradate. wakes" moor or waver syseemr, ate . min s they ere speedway ratted in • oonreoaoa spr its e' SBCTU)d TWO PREPARATION in the onset oonencmr cammot obtain a badfdchg permit' within (90) days of the dace Melds *ramnent, oaaaaotor my decker the ogrnwwot ciao Mere farce or 'stied SECTION THREE ACCESS• Omer mums ba peovde edegamt mad eatestrieted seam to job rite at ad times regabod for aomaaptiahmen of mak coder caohsa by die oamtar'tor. SECTION POUR. =LIMES: Poor to die stmt of aressbuction aid at all timer *deg 'concoction owner shell ptoet& s m'ea'n at owner's as edema water eo1':ranted services se weal be tegaim& fir to venires defattbcd st the W:oisnaodoa a pecdth "stone@ of tie emeteme et SECII(N FIVE LABOR. MAIBRIAT S, AND PERMITS lie ell ms erfek soh as helot, db sod the like msy veep bees sempk to semis as to cow, Mime, sad oder Imbues !!,never met rs& as iarparassd =abject to tvodbl0Lty, end oceM her mq mace numb= got eler ms et m estanor'n Meamaa. Comma= old same owner's "pprov.I for aII subatimtians Maepesuble. Ibises dderwisa tepeelded adsetslseisY than be star act eased mealy. The ounlea m Ream to wade by owner so* be � not tad vsbademonl !bee �a'baesno a emtmt6iea spaaEamea�`ewti,n Any et�e orb u4e.ea UM Mated In ebb SECTION SIX. MANORS IN EEZitAITET1 C(]NTRACT Arty ahem, ordewgiisiathis exalted mastrset mist be set fords k wean am end tepee! by both patties rat will be Isms mimed to fa addaMt en. Cleave or deviaGaes to the amtbaoi say tenth in sa Mama in overall *Ma cost Suck oat sdjetlsmhveal be mead to vat* and mead* on send addenda= SECTION CONETRII►:f10N DELAY:t• In to meet the swamis es dee is comirmlion ay note of Clod, dm floo& h4afmse, weedier ant,peenmttays 'canteen cola, say other matoirt�le muskies, or by aaa.aompbux of emu, We time for oouepleliom ewe* than be 'draind and earthen= veil emtba deemed in vtol.aoa at tuffs apeomo .. SECTION EIGBT TOE SITE Cononaar cow at an limbs Imp aOeashrrnioe ate ressmably flee moan debar, eecmau anon of veep', tubbdsh and debts amaramed with work as deeeed m the'`oeastruonae spec C$ 0 s" mar* SECTION NINE WARRANTY OF WORE Except a amt i baraii, ooutractor ask* m reprotand or implied warrsaies aeeadme this epeethert Unused one (i) sea vorrarey: Fare period alone yew Hasa the dole et die m,omaa QMONs aew< o t ct teeter mums to mamas trstpt.k impose* t dewa.d dsdwttes. The pruntoeaia art this epeem et apply to work performed by cabomametoes m well wrack pee tamed ly dust employees of the embaeor. Defective b Mimed d$ work or poor quality. or with !gait ue not in awirdasee with be Nonaredbon spender'" seams for tie peeress of this sera m et bests atokSed Snit warm!y wwa.ee soahrde a ease or disco/orate epistle: uiek tank pshq ere. Imes, as ibis b oedema* die *the nuts Omit ; w edmiam, local water modifioes, improper am eat chmitrta bd. of mainamanos, or NW eseeet ostioc comma to the emamndr mud, miff el which me beyond the weird of!the oambsotar. Seediest of structures and mane sc*emest'sake me murdered sdtmsl aondiboat et wed the wit covered by the moor °edam waasay. SECTION ITN PAYNIE T Pi ncuts end be made as en firth in dee a rsone et The 'wary{ ao1 wommaace of t ION pgmId will omrtimsa to a weever of al Mons by owner. oiler Than lbuee Bides dam tr a esth*0dsd New or Item fruity wend: eppss6eg wedeln twelve (12) maim *the complefirth of oceetreett s as peovaded for ender maim eine of this apeemeet; (b) claims by ibe ooabaotor same my previoady made seed melded Caabeete r teat dew way deposits or unearned sons b bbd arum: mobacier is Waded to payment Bun after Sir wads rebated, eons, ttaars , etfomers Bees, and to do Owner Mobs worts urea otuasator a lies splost the "AM' propene, which sods bee maybe perfected by omtaotar es a fashion whoa cosi$ams to the equitemsets etf Ise mschssre ben taw Owner waiver la reetfead sad otra loess of peetsa+m afictdi4 by kw so ea to provide umhatior with ms<derm sem* in the event net deem by oway. If owner is nv become' delinquent in respect of any tea aseevumnt, mama* prasium, :e otter rein of inners, ine eft& but net timbal to mats secured by cos or more mortdtsae atoamba s the nubjaot ten prepesty, which each Jtlmqumay impardme dbe women' of any den lied by aoaamster ter, .aiee0ti0 nub this e wattmeter mv, et Its option peg' the sue aid all seehpepacets:Ml beer memo from do des. Ofer evaat at the mood cps afdmb*na Grit pmaatt. a if name be prohibited by lee, then p ohs tureen m arc potestisd by kw, and aU sane Swum shed th'a bet somerd to the ben sf the owasoter es of the dm of ter recordation, as if oriemally a pert desert copra lammed and iutaest The Mhos to pry the meat apnoeas pulmsit et odors= itpi Wd 10 be pad batnmddr wber Ih= aims sire shad tree tie sopasd sham b'come Merest et dm rammed rte of ogees (13%) Asset, or ssmaasea 'hate d by kw Umtata otbsawrto ptov dsd, emit Demme homedar:Aid be Nadeau t1) dtel' poorte omrape.dos oath beiiy submits!* octaigtdcd Cart aM Mg >asc Ye the Ducat dtst rebind to a a.daaesy dead be ooaomed by ray act or 0100a01 of owner, that merit Ara be Imble to eeonlmetor m teepem of etabmomr's lspl soda told fees. whether or not auk n eomaseuoal. Owner's ebbssma to bear each novae and dm moat at army *p of smit if en ethos be otsdaumed =UMW iPPItEato Meet SECTI(t4 ELEVEN: INSOILSNI:.E The omtradar will parables and maintain adequate wafts` oompenseutm itrmssee add babdhty *swam= n aocndaoea web Fronde amttucboa low. le dm direst Moot permuted by law. emainmor wall indasea y and bold the owe lamlew semen/ nay chums, denrgm, ler and ttpeeasa tattier out ed urevselhcahom the omtahnotioe weak aaestreato's sorb of meat me ENTIRE MiRFRMENT OF 113E PARTIES IS SET FORTE iN IBIS TWO PAGED CONTRACT AND DOTE TEES OWN »D THE CONAAt.'Rds A(:RNOWLb)G1 ANN) A* REE IRAT THERE ARE NO OTHER Wr Tr 1 ORl altaAL UNDEKSTAMINGS Tf kINE ATE, VARY, OF SUPPLEMENT SUCH TERMS. BY SIObONG AND MATING BELOW ORNlIRACKNOWLRDiIES &tom AND RECTAING 'MS TWO FADED CONTRACT. D1:FAULT BY OWNER UNDER TEE TERMS AND C a Df1TONS OF IBIR AGILIF'ME11 WILL ENABLE CCRilR ACTOR 10 Att'UIItE Lit RJOHTS UNDER 7T15 CATE OF FLOlIJDA MECHANXI S LIEN LAW OWNER/REPRESENTATIVE DATE; FABIO SAN1ANA - CONTRACTOR DATE 2 Y t .. re518 Cattil 944 Waist fir t . - Margate - FL 33063 Phone (7$4)245-0614 / Fec 33 -1687 P-500 tilargata, March 01, 2011 1 10 1 0/ / 02,4 4 44(44.0 ) Frauds O'er 2321 East Mays Palm Soca Reim Refinance : 410 East eoyram Sancti B. CITY. - � — . P.Ut+11T P.TOTAL Gbt. For plaparitt0 and poking elerior auk aamniereasi twang. Pressure cleaning, patching ale toles and apply 2 coals. 2230 (P end*** pal,4 Ore/ Wet ,140.00 Materials $ 030-00 $ 5.020.00 NOW Thu warm la peck 5rned Debaeen 10 days. Payment aonddiarw. 50% to start and 50% la ate. t Ca ' l ' telt, LP1{.1. ',,et:iN, sAki011. ...41.a. ....., • Nal.,.......1101,4.^..f*a.........,- *4 r! N W. 10 e' Terrace Fort Lauderdate, ri.. 33309 Telephone fer-4)772-4P.51' 0- ---"‘) Calisill7E13 Fax (954) 772-1929 wmt vldie.enivining.corn A, ' '-ivok.. r0 EALC:ELLE -.), Erna* weikerawnitv@hointait.rxen 'IttN , ii, i/ c.c.tted.gooti-AE-x c.driViltr,l, Alar8.13VS. in ;':.., A 1C007 : '.• - t ' ''' - a .... 911 1 Ai / , (a, . 5.1.* / v --- - . ... ...I..' (....t ; -=, ... c •I - 1.4ail -- -,- , - "- t ' " ZifIC 1... .0 'fiVa'q ! ,..1E .20 * el e .' 67,4 // . ,.. ......-..... ,,.........4..' ..... 4 a ..,, * 1 r t Askrile. ie.*-1 :• s.. T7-+T svi.',I - — 174. , ,,Ol..4FrI --- 77 , -,,, " L- ?)"■'''' ; 2 --.1.4* . .1 0 e.- .61 erK...) r )..........cr. 4-,..:r ===2::.-4- !%•= r - , _.„ .. f1:10.11 1X ■ vt tre.V.Igti lifilt>......--- ! # *--" 1 1 thil> ,; italtiPrati Of" jab . _/•#) „,.,•-• t ' .■eii-i ":""i'Prir * p i ' &n ,.. , le t -0 e? e'er --- I'M ITX- • l a 4- i •-, . ■ ..,.0 1 , - re) 26- ••••' / , 44 - e --- 0, 7 x.3 . „.e..er 1 i ,. 111 ,e....0: : ■ , * , . j r .. 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Boynton Beach Blvd., Boynton Beach, Fr_ PROPOSAL: SCOPE OF WORK: as rex attached elevation/structural plan prepared by KCA Design Group, Inc. job no. 10015. FVOIE 7i//fsis eemiearfrom proposal. 1. Preparation for the installation of new impact windows: $4,500.00 Block up to eliminate three window openings on south wall, cut out opening for cne new door and side window (south wail), reinforce area, cut out opening for one new window (west wall), prepare opening for new storefront window and doors. 2. Construct front parapet wall extension as per above mentioned plans: $6,500.00 3. Stucco building/ smooth finish: $8,200.00 Note: Permits n1is fees au npter not Induded Very truly,' yo ,s, h = r 1a , President 12/28/2811 32:25 55127P'584 DELRAY AWNING NA6E 0) k i ,.1 F 1 11 ;. 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J J al n ' ha a t� : fib Y1a �. u p h t, V r i , r i .i \'... 7 • _. 1 ..• . , , , • lf i . : ' ,4‘ _ r - ,..-- • ,, ! 1 IPP-4 1 , r .. a im& • - ------- ---.41‘,,, r .:. - .1,...1k • °,4 - :,,,' Cal* •i i.._ -- ,,, - . ,, ----. ::: .!...,": , - --, , - ilikvir - Ike 1 IP- .. . ..: - _ 1- I ..,,-, - ..._ . - ,.,.... . .. _ ..,:._.,... lei .._.. . _,.,.,... ..,...,......- ,.. . , „,-- - , ....... ' S .... a '1, . 7.. 1 .... i _.; T. 17 .•„_'---. ' - A X e 1 so n x el clonville ton 1.3 wheeling neutral 4., w carrrngton beig - ». . y AI . .. ° , \ . \ \ \ .. .. .., l k ° \ \ �.. , .,r., < »� ^ ~ m £ ^ ..., ^ ^ : : . , . \ « .~ ) .... e \ / . : w« ! , : . d ` . 'Illi . } \ i ' , \» } \ BOY =BE ACH CRA BOARD MEETING OF: June 12, 2012 X Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Shiv Shakti Donut Corp. d/b /a Dunkin Donuts. SUMMARY: Shiv Shakti Donut Corp. d/b /a Dunkin Donuts as the tenant of the property located at 3701 South Federal Highway, Boynton Beach, FL, has submitted an application for the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. Applicant has applied for the grant to assist in ADA improvements to the parking lot which is an eligible item under the grant. The Commercial Facade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02 -58400 -440 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to Shiv Shakti Donut Corp. d/b /a Dunkin Donuts for program eligible items for the property located at 3701 South Federal Highway, Boynton Beach, FL. • Vivian Brooks Executive Director `y r. " era " 11111 Ilk • / t 201//2012 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets If Necessary) I. APPLICANT INFORMATION Name of Property _ Owner: ot, --e it — - - - - --- Address of Property , - Owner: t -eax, \ i ; vt./ City /State 17 !,(,% S�Cr * == Zip Code. Phone # Day: \ & J _) ? - Evenin \ c,, c -- Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable) Name of Tenant of Different from Property Owner Name of Business 1 ' i (At) V) ` `° IA Address of Business , (- 1 7Lck ` _y City /State. - t Zip Code Phone # Day, ', Evening Initials h" Page of 6 710 North Federal Highway Boynton Beach, FL 33435 Pl.nnP cA1 '71'7 Z');A Fnv SA1_ 7l7 1')4Q Type of Business: 4 uA-CI 1) i4 1 G'1.t1 Years of Operation: f N r . Number of Employees: � °/ Annual � O /h'��� (A-rm./4 Payroll: V u 1 Number of Employees residing in Boynton Beach: ' 0 List of it O t ements oposed V II. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA) Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3 Eligible improvements for this program include. • Painting • Shutters • Awnings /canopies • Decorative exterior facade improvements • Exterior doors /windows • Landscaping around the building • Irrigation Parking lot re- paving, re- sealing, re- striping • Exterior lighting • Patio or decks connected to the building • Exterior wall repairs (e g stucco, brick or wood repairs and replacement) • ADA improvements • Signage Initials_ Page 2 of 6 710 North Federal Highway Boynton Beach. FL 33435 Phone 561-737-3256 Fax 561- 737 -3258 wv\ • bn■ ^tonbt.achr. ec.r 4 All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach /Palm Beach County Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant application 5 Maximum Grant amounts The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement 6. The Facade Grant program may only be used one time in any five year period for any one property Properties may reapply for additional grants any time after five (5) years from previous grant approval 7 The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions Disbursement of grant funds shall only occur if the following conditions are met: 1 CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable) 2 CRA has received copies of final "paid in full "' vendor /contractor invoices along with a letter from each vendor /contractor stating that all nvolces 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 Applicant provides "After" photos APPLICATION PROCESS 1 An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal initials 17 Page 3 of 6 710North Federal Highway Boynton Beach, Fl. 33435 Dh,..P S/. 1- 717_17S/ Fay S(1_717 -T7SR Highway, Boynton Beach, FL 33435, phone 561 - 737 -3256 or download the application from 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis, Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work, 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Applicable documents must be attached for the Application to be processed. Written description of the improvements to be done to the property along with the following items: 1 W9 Form (attached) 2 Copy of Warranty Deed 3 Copy of Lease 4 Project work write-up(s) describing in detail the scope of the project, 5 Plans or sketches if applicable, 6 Site plan and plant list for landscape projects, 7 Third -party cost estimates from three (3) licensed contractors, & Estimated time line, 9 Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc ), 10 A minimum of four (4) 3" x 5" color "before" photos of the project which must include public views ", 11. Signage design with colors & materials proposed if applicable, 12 Project color chips / material samples if applicable, and material specifications. Initials fir Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561-737-325S 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 d ti ) � � _= -ss (Date) Prop. - � owner (Date) J. hi - W U ess (Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLO IDA COUNTY OF &I klL1ch BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements d (t personally appeare k fait( � 1 o ,s personally known to me or oroducea as identification and acknowledged he /she executed !t'f foregoing Agreement for the use and purposes mentioned in , and that the instrument is nis /her aci and deed IN WITNESS OF THE FQREGOING I have set my hand and official seal in the State and County aforesaid on this ! day of 20 NOTARY PUBLIC A _ _ � r N otary Pubib State of Fiona '''" My Commission Expires. • '', Vickie Tufmal EEO9'i • < MY omnassion Exp i r es 07f2212 o • 710 North Federal Highway Boynton Beach, Fl. 33+35 c41 '11'7.1 5(.1 -:hv SAi_ (Tenant/Business owner's signature must be notarized) W', (Date) Tenan ' ss Owner (Date) s (Date) Tenant/Business Owner (Date) STATE OF FLORIDA P,J rr COUNTY OF . �w,h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personals appearedl t 11U Q 1 (dc `ft( r/ fdAti, it.Vd personally known to me or produced f L. ) L. as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County r aforesaid on this "' day of _ , 20 . NOTARY PUBLIC t cL L { tc.; 4.413- My Commission Expires ',��,, ` nor( Note r Publi Sta te of Ftonda '1:ck,� ruimata ,y �p My Corrmissiun L4 oF Expires 0712212015 E09 009 Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 'VWV, a,oyn tn-:beachci? coin • Print Page Page 1 of 1 1.,' 4 - t , 'o! -# rap, • .t L i 2 - R s' W T '� - 34th Ave p� • • b iP • _ . r l ._ . y Rob art M ' . tt _middle Rd .-. � " —... h c 'i!' =r ir, f . ...Bilk o ccf - 4. z `* ..eirGoltdreW1 �I vd - ! Gothne►+rDr -.0N----- . �1 � .' .. !K _ , ,. , tolips . ` to, a /C[r -Mt!? "► r / r _'.:. R � �. � �� ar ia �l s i .• i ,. .,7•. .. ,_,_.� .- • r • I . ' ' g '`'''''''t'' '' :.4- ..r. Q -- tl ..:: - -. T. • 1. Avenue Avg' �_ r 110 1111 - 1 ' •rte : - 4 .. . J rc °S1rr' • a- t ' yam. ; t } k� 4 q J .� _ - 4�n- ._. -.r' I 1 ._.._ r 0 , Kokomo` •- • • ` 1 � r Alien Ave - �- - -�--- ` 4` .. .; • E9tei t�lig . 4 t a el • t ,1t,, -j. i4 �. t 4. -� Al V 08434604080000212 -� p t.duceY1 by papngis a y ' ,— _�_ /�____•_ /�__7- .'____H__.__. ______ c /1^/ "Al ,1 KILBOURNE & SONS ASPHALT LS11111aLV Maintenance, Inc P.O. Box 6219 DATE ESTIMATE NO. Delray Beach, FL 33482 -6219 5/2)2012 2352 NAME / ADDRESS Ship To Dunkin Donuts - Boynton 561- 702 -6863 3701 South Federal Hwy Boynton Beach, Fl 33483 TERMS REP Due on recpt SWD DESCRIPTION QTY COST TOTAL Saw cut concrete walk Remove and haul to dump. Saw 1 3,375.00 3,375.00 cut asphalt where new ADA slab is to be installed Haul to dump. Form, pour and finish new walk and ADA parking slab to 1 9,555.00 9,555.00 ADA spec and proper slope. Also includes new walk to city sidewalk. Saw cut asphalt around new concrete to taper from top of 1 4,800.00 4,800.00 slab down to nothing for slope. Power clean and seal old handicap spaces and walks and 1 2,100.00 2,100.00 new area around new slab to lay out new spaces and re- stripe regular spaces. Supply and install new car stops. Drill concrete to fasten. 2 75.00 150.00 Mount handicap signs on building. 1 0.00 0.00 DOES NOT INCLUDE PERMITS,PLANS,TESTING, 0.00 0.00 ENGINEERING, AS BUILTS,CHANGES OR ADDITIONS REQUIRED BY PERMITTING AGENCY OR ANY ITEM NOT SPECIFIED. QUANTITIES LISTED ABOVE ARE ESTIMATED QUANTIFIES. FINAL PAYMENT TO BE BASED UPON ACTUAL QUANTITIES INSTALLED AS DETERMINED BY FIELD MEASUREMENTS UPON COMPLETION. DOES NOT INCLUDE REMOVAL OF UNSUITABLE MATERIAL. TOTAL . $19,980.0 SIGNATURE Phone # Fax # E-mail 561- 498 -7040 561-278-7034 KILBOURNEPAVING@aol.com PLEASE SIGN AND RE1 U1tN The General Terms and Conditions listed below are also a part of this quotation and contract. This proposal in no way guarantees the project design works. We will not be responsible for birdbaths or water flow when projects are designed with less than 2% fall. If corrective work is required, you will be billed for cost incurred trying to build flow into the project. No credit will be given for unused mobilizations. *Unless stated as a specified bid item, quote does not include any engineering layout, testing, as- builts, permit fees or bond. *Contractor /Owner agrees to pay asphalt over -runs at per ton. *Base to be stable and graded to plan prior to Kilbourne & Sons beginning work. *This quotation is subject to price increase in bituminous material per FDOT price adjustment clause. *This proposal is based on work being completed during the hours of 7:00 am and 5:OOpm, Monday through Friday, excluding holidays and weekends. If this project requires special or prevailing wages unit price may be affected, and subject to revision. *Kilbourne & Sons will not be responsible for any pre - existing environmental conditions. *No final dress work is included in this proposal; price includes rough grading by machine. Excludes backfill of curbs, Iandscape berms, baclll around building. *Maintenance of traffic not included unless quoted as a separate bid item. *Customer will be responsible for cost of all permits. Kilbourne and Sons must have a copy the owner's notice of commencement before applying for the permit. *Retainage shall be released upon completion of first lift of asphalt when final lift will not be completed in 30 days or less. *Quantities listed above are estimated quantities. Final payment to be based upon actual quantities installed as determined by field measurements upon completion. *We will not accept responsibility for reflective cracking of new asphalt overlay due to the cracked condition of the existing asphalt pavement. *All changes to this contract must be initialed by both parties. If Kilbourne & Sons does not initial changes original prices will be as stated in proposal. No work will be started without a signed proposal. *Price does not include cost of payment and performance bond, permits, engineering, field staking, certified as-built drawings or testing. *Building pad area and site will be graded to within + or — I' of design_grade only. *Price does not include excavation or disposal of hardpan, rock, muck, or other undesirable materials or backfill replacement for same with suitable fill material *Topsoil stripping in excess of 6" below existing ground elevation is not included. *Tree removal or relocation, trimming, landscaping, grassing or sod not included. * If we hire an attorney to collect what you owe, you will pay the attorney's fee and court cost as the law allows. This includes any attorneys' fees we incur as a result of any bankruptcy proceeding brought by or against you under federal law. Michael A Kausch Estimate General Contractor CGC 1505041 Date Estimate 6 15419 Jackson Rd 5114/2012 51 Delray Beach F133484 Name ( Address Dunldn Donuts 3701 S Federal Hwy Boynton Beach, Fl Job Terms Rep Est. #51 On receipt Description Qty Cost Total Demo existing concrete walkway and asphalt parking stall. Form pour and finish new 4 in. walkway and parking slab per plans to meet ADA slope requirements. Taper from top of new slab to invert with hot plant mix asphalt. Seal out old handicap stall and Repaint with new marking layout. Install handicap parking signs. Item, per Ea 1 23,213.00 23,213.00 *Project Subtotal 23,213.00 *Project Total 23,213.00 0.00% Total $23,213.00 Phone # Fax # 561- 637.4042 561 -496 -1470 Signature Estimate Estimate No: 163 2706 North Federal Hwy Date: 10 May 2012 Defray Beach FL, 33444 Att Dale 1 -561- 436 -6938 For Dunkin Donuts 3701 S. Federal Hwy. Boynton Beach FL 1- 561 - 702 -6863 Code Description Quantity Rate Amount Remove concrete walk to be replaced for new ADA spec and haul to 1 00 $4,175.00 $4,175 00 dump Saw cut asphalt to be removed for new concrete and take away Finish new concrete parking and concrete walk to city walk and 1 00 $10,965.00 $10,965 00 dunkin donut Pave new area around parking spaces and walk 1 00 $4,950 00 $4,950.00 Seal out old handicap spaces and at building to re -lay out parking 1 00 62,450 00 $2,450 00 Put H/C signs on bldg 1 00 $10000 $10000 Dnll H/C stops to install on concrete 2 00 $50 00 $100 OC $22 (4;11 SO r }�• O. aR 522, 740 00 hit X 4 ` 1' 4 4s2 lil A ! i .a 1 • , hi ' b : k r v. ` -{ i m. 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BOYNTON =BEA H CRA BOARD MEETING OF: June 12, 2012 X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Other SUBJECT: Approval of Commercial Interior Build -Out Grant to Lucertola, LLC d/b /a Bad Ragaz- Halle & Biergarten. SUMMARY: Lucertola, LLC d/b /a Bad Ragaz -Halle & Biergarten is opening a new restaurant/bar in Las Ventanas within the CRA District. It meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). Their risk analysis score reflects some uncertainty however; they are investing a considerable amount of money in the interior build -out of this property occupying 6100 sq. ft. The Interior Build -Out Grant is now reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build -Out Grant for Lucertola, LLC d/b /a Bad Ragaz -Halle & Biergarten not to exceed $15,000. Vivian Brooks Executive Director Risk Analysis for ...__. Lucertola LLC Weighted Factor Grade Weight Grade Business Plan Completeness of Application 30 40 12 Understanding of Financials 40 38 15 2 Business Plan Score (50% of Total Score) Owner Resume 65 34 22 1 88 2 out of 200 possible Management Plan 50 32 16 44.10% Understanding of Market 65 29 18 85 Sales /Marketing Plan 15 27 4 05 Financials Pro -Forma 70 15 10 5 Net Income 45 25 11 25 Operating Income 80 23 18 4 Profit Margin 40 15 6 Financials Score (50% of Total Score) inventory Turnonver 70 17 11 9 72 8 out of 200 possible Quick Ratio 0 20 0 36.40% Acid Test 0 20 0 Return on Assets 55 5 2 75 Current Ratio 0 20 0 Accounts Payable Turnover 0 10 0 Working Capital _ 0 — 15 0 Breakeven 80 15 12 Total Score 1 40.25%1 Scale 90% - 100% = Exceptionally Well 80% - 89 99% = Better than expected 70% - 79 99% = Strong Stability 60% - 69 99% = Stability 50% - 59 99% = Passing 40% - 49 99% = Some Uncertainty 30% - 39 99% = Uncertainty 20% - 29 99% = Problematic 10% - 19 99% = Weakness 0% - 9 99% = Fault Risk Analysis,Rent Subsidy, New Business, Food Bev 2010 Pro -Forma Income Statement Lucertola LLC For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $1,500 $1,523 $1,545 $1,569 Less Returns 150 152 155 157 Net Sales $1,350 $1,370 $1,391 $1,412 COST OF SALES Beginning inventory $499 $484 $491 $498 Plus goods purchased / manufactured 1 8 8 8 Total Goods Available $500 $492 $499 $506 Less ending inventory 16 1 1 1 Total Cost of Goods Sold $484 $491 $498 $505 Gross Profit (Loss) $866 $879 $892 $906 OPERATING EXPENSES Selling Salaries and wages 801 841 883 927 Employee Benefits 0 0 0 0 Advertising 0 0 0 0 Depreciation 0 0 0 0 General 0 0 0 0 Total Selling Expenses $801 $841 $883 $927 General /Administrative Miscellaneous 131 134 138 141 Technologies 0 0 0 0 Legal & Professional 10 10 10 11 Insurance 10 10 10 11 Rent 164 157 162 168 Utilities 38 39 40 41 Licenses & Tax 0 0 0 0 Supplies, Replacement 6 6 6 6 Travel & entertainment 1 1 1 1 Printing, Postage, Services 0 0 0 0 Maintenance 6 6 6 6 Automobile 1 1 1 1 Fees 0 0 0 0 Total General /Administrative Expenses $367 $365 $376 $387 Total Operating Expenses $1,168 $1,206 $1,259 $1,314 Net Income Before Taxes ($302) ($327) ($366) ($408) Taxes on income 0 0 0 0 Net Income After Taxes ($302) ($327) ($366) ($408) Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($302) ($327) ($366) ($408) Lucertofa LLC Quick Ratio, Can non - inventory short -term assets cover short term costs? 2012 unknown Current Ratio. Can all short -term assets cover short -term costs? 2012 unknown Profit Margin. How much revenues are profit? 2012 (14 47 %) Working Capital. How much is left after short -term costs are paid? 2012 unknown Breakeven Revenues: How much must be sold to cover operation costs? 2012 $759,375 inventory Turnover. How many times is the inventory replaced? 2012 2 79 Accounts payable Turnover. How often are suppliers paid off? 2012 unknown Return on Assets. How efficient are assets? 2012 unknown Net income. What are Revenues after all costs, liabilites and taxes? 2012 ($302,000) Operating Income. What are revenues after all costs? 2012 $182,000 Acid Test Do the current assets cover the current liabilites without inventory sale? 2012 unknown B ITV B 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Guidelines The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $ 15,000 in grant funding to assist with the cost of commercial interior construction or renovations. The amount of grant funding is determined by the number of jobs created by the applicant. Each full -time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Busing 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. T. Proexam 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. L. Edibility Reaairements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -Out Program: Initials Page 1 of 9 710 North Pederar Highway Bortao Bach, FL33435 Phone 561- 737 -3256 Fix 561-737-3258 3, 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 mrant, a full time equivalent employee is defined as working a minimum of thirty-five 05) hours per week at theprevailing 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 DIB /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. Initials Paget of 710 Not Federal Runny Boynton Bach. FL 33435 Phone 561- 737 -3256 Fu 561-737-3258 • Insurance requirements. • Ability to terminate. • Consequences of default on the Lease. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. IV. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Completed and signed application. 2. W9 Fonn (attached to grant application) 3. Copy of all business and occupational licenses. 4. Copy of the corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Landlord SSN or Tax ID. 7. Business plan, including executive summary and three-year financial projections of revenues and expenses. 8. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 9. Two (2) years of tax returns for the owners of a new business. 10. Qualifications, experience and track records of business owners. 11. Copy of design and construction plans associated with the proposed improvements. 12. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 13. A minimum of four (4) 3 "x5" color "before" photos of the project. Initials Page 3 of 9 710 North Federal Highway Boyn* o Body FL 33435 Phone 5617373256 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 $ 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 sununarized in a report and accompanied by proper documentation. Prover documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a `release of lien" signed by each. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check. as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Applicant shall provide a minimum of four 3 "x5" colors "during" photos and a minimum of four 3 "x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Initials i 2 Page 4 of 9 710 North Federal Highway Boynton Beach. FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCP -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 quartos following the Initial Reimbursanent Request. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly finding 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 afer the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed mrtor to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING it is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials Pose 5of9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 7374256 Fax 561- 737 -3258 zframesiobualicawaem BOYNT RA =BEACH, oN w 2 011/2012 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Program Application (Please type or Print Only — Use Additional Sheets if Necessary) Applicant Name: (1 5' j W0 0 J r° LQ& 1 t Applicant Mailing Address: 1.53S 1.36 4 -i i AUC . i --of , 3/ Ye _ (JC - L2Ay I t &1 , FL 37Y R? Business Name (D/B/A if applicable): 84.0 R464 2_ rli'LL 4 RiaR6ARI&1 Current Business Address: Plat 1 80 6cel Fi R s Phone: 306". goo. 324-5 Fax: Email :alcaora koal. RIdIn A .COM Fed ID# Time at Current Location: 1014 Monthly Rent: 8, 3 CX) , c Do you have an executed lease agreement: Yes x°" No Landlord Name: Landlord SSN/EJN: Landlord's Mailing Address: New Business Address (if applicable ): New Business to Boynton Beach: Yes / No Existing Business: Yes No r Number of years in existence Square footage of existing location: 6 Square footage of new location: Initials y = Page 6 of9 710 North Mali Highway Boynton Baioh. FL 33435 Phone 561- 737 -3256 Fix 561-737-3258 'hype of Business: 6420 f N Titvu R C i20 Number of Employees: 1 10 Hours of Operation: Spit — a 419 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: RENT sues -!- .yN4yt 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 infon nation 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 kl Page 7of9 710 North Federal Highway Boynton Basch, FL 33435 Phone 561-737-3256 Fax 561- 737 -3258 welannlanlantallass 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. 11 1,444 :2 e — rs,5 4 joieb 2 772t he Applicant/Tenant's Signature Date A5SI4PJ1tb g LU (I2 t owl Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF P4 6 •-t Q e _ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared A 1 Q s s ,. f o ,S:' ! tee .s f' r , who is personally known to me or produced i to , u ec t, as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this * ' day of N c u a..»'. b er , 2O i t L. JtJ NO ARY ,.�C� iN'SS6U� "DL35273 ,arse, 14.2' 7'1 M Comm' - I n Expires: ,. c Page 8of9 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ww hoyntonheachcra coy 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. ' perty Own • Signature Date . 1.-Ptve.- R-SICLEA Printed Nike Title Property Owner's Signature Date Printed Name Title STATE OF Pa �- c eta, COUNTY OF Q a Js BEFORE ME, an officer duly orized by law to administer oaths and take acknowledgements, y / L ,J l personally appeared D. )2.v0,- , who is personally known to me or produced 4%.1 /,. - as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 4 (a t day of - _ 20 )1 . ; a s ` • TARY PUBLIC -4 : $qp ' �. My Commission Expires: _ . -94 %W. I Page 9 of 9 710 North Federal Highway Boynton Beech, FL 33435 Alone 561-737-3256 Fax 561-737-3258 www.boyntonbej raoom ` � f d I. i W' '1 - -' 1 § i . ; i a i : , . 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I - .. .... .. :,... .. . 1 i ,-,...- I . . . . .. ..- t ..,..,..., .... t . ...... ..... t BOYNTON =BEACH CRA BOARD MEETING OF: June 12, 2012 X Consent Agenda 1 1 Old Business New Business 1 1 Legal 1 1 Other SUBJECT: Approval of Commercial Rent Subsidy Grant to Lucertola, LLC d/b /a Bad Ragaz -Halle & Biergarten SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi -year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi -year lease. The maximum total subsidy per business is $7,200.00. Lucertola, LLC d/b /a Bad Ragaz -Halle & Biergarten is in the process of opening a new restaurant/bar in Las Ventanas. The applicant meets the eligibility requirements under program guidelines. Their risk analysis score reflects some uncertainty however; they are investing a considerable amount of money in the interior build -out of this property occupying 6100 sq. ft. The Rent Subsidy Grant is now reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Rent Subsidy Grant for Lucertola, LLC d/b /a Bad Ragaz -Halle & Biergarten, not to exceed $7,200.00. Vivian Brooks Executive Director Risk Analysis for Lucertola LLC Weighted Factor Grade Weight Grade Business Plan Completeness of Application 30 _ 40 12 Understanding of Financials 40 _ 38 15 2 Business Plan Score (50% of Total Score) Owner Resume 65 34 22 1 88 2 out of 200 possible Management Plan 50 32 16 44.10% Understanding of Market 65 29 18.85 Sales /Marketing Plan 15 27 _ 4 05 Financials Pro -Forma 70 15 10.5 Net Income 45 25 11 25 Operating Income 80 23 18 4 Profit Margin 40 15 6 Financials Score (50% of Total Score) Inventory Turnonver 70 17 11 9 72.8 out of 200 possible Quick Ratio 0 20 0 36.40% Acid Test 0 20 0 I Return on Assets 55 5 2 75 i Current Ratio 0 20 0 i Accounts Payable Turnover 0 10 0 Working Capital 0 15 0 Breakeven 80 15 12 Total Score 1 40.25% Scale 90% - 100% = Exceptionally Well 80% - 89 99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69 99% = Stability 50% - 59 99% = Passing 40% - 49 99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19 99% = Weakness 0% - 9.99% = Fault Risk Analysis,Rent Subsidy, New Business Food Bev 2010 Pro -Forma Income Statement Lucertola LLC For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $1,500 $1,523 $1,545 $1,569 Less Returns 150 152 155 157 Net Sales $1,350 $1,370 $1,391 $1,412 COST OF SALES Beginning inventory $499 $484 $491 $498 Plus goods purchased / manufactured 1 8 8 8 Total Goods Available $500 $492 $499 $506 Less ending inventory 16 1 1 1 Total Cost of Goods Sold $484 $491 $498 $505 Gross Profit (Loss) $866 $879 $892 $906 OPERATING EXPENSES Selling Salaries and wages 801 841 883 927 Employee Benefits 0 0 0 0 Advertising 0 0 0 0 Depreciation 0 0 0 0 General 0 0 0 0 Total Selling Expenses $801 $841 $883 $927 General /Administrative Miscellaneous 131 134 138 141 Technologies 0 0 0 0 Legal & Professional 10 10 10 11 Insurance 10 10 10 11 Rent 164 157 162 168 Utilities 38 39 40 41 Licenses & Tax 0 0 0 0 Supplies, Replacement 6 6 6 6 Travel & entertainment 1 1 1 1 Printing, Postage, Services 0 0 0 0 Maintenance 6 6 6 6 Automobile 1 1 1 1 Fees 0 0 0 0 Total General /Administrative Expenses $367 $365 $376 $387 Total Operating Expenses $1,168 $1,206 $1,259 $1,314 Net Income Before Taxes ($302) ($327) ($366) ($408) Taxes on income 0 0 0 0 Net Income After Taxes ($302) ($327) ($366) ($408) Extraordinary gain or loss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($302) ($327) ($366) ($408) Lucertola LLC Quick Ratio Can non - inventory short -term assets cover short term costs? 2012 unknown Current Ratio: Can all short -term assets cover short -term costs? 2012 unknown Profit Margin. How much revenues are profit? 2012 (14 47 %) Working Capital: How much is left after short -term costs are paid? 2012 unknown Breakeven Revenues. How much must be sold to cover operation costs? 2012 $759,375 inventory Turnover: How many times is the inventory replaced? 2012 2 79 Accounts Payabie Turnover. How often are suppliers paid off? 2012 unknown Return on Assets: How efficient are assets? 2012 unknown Net Income, What are Revenues after all costs, liabilites and taxes? 2012 ($302,000) Operating Income. What are revenues after all costs? 2012 $182,000 Acid Test Do the current assets cover the current liabihtes without inventory sale? 2012 unknown B.,,Q,ygr 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application nn (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Y1 LESSA NOR ct S t I..VESTR' A ei e r n� A Applicant Mailing Address: 1 il i T J am. F ubicki - H G f 6L06 f3o5 , FL 7 N4aiv 1k lc L 3.3•13.r 3.3•13.r 7 Business Name (D/B /A if applicable): 13i .D ' RA gA IA1 Lfg 3;ERo E N Current Business A Address: 4I n r as 0. . Phone: 305,00.321-s Fax: I A Email:alalawnQneive. 6An BALMS IRKA d[-& iFed ID# Li 1 -10 a 3i vct 61- Time at Current Location: N J A Monthly Rent: 8, 2 um Do you have an executed lease agreement: Yes X , No Landlord Name: Landlord SSN /EIN: LandIord's Mailing Address: New Business Address (if applicable ): L)/ a New Business to Boynton Beach: Yes %( No Existing Business: Yes No )( Number of years in existence: Square footage of existing location 6456 Square footage of new location 6 J Q� Initials r Page 5 of8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 6. Applicant must own the building it plans to operate within or it must have an executer multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full -time equivalent W - or 1099 contracted employees whose wages are reported to the state and federal government; s position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage., The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program. a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment's d. New businesses using a D/B /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. Conditions of lease termination. Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. !annals Page 2 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future subsidy payments. IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Complete and signed application. 2. W9 Form (attached to grant). 3. Copy of all business and occupational licenses. 4. Copy of the corporate documents for the applying business entity. 5. Copy of executed or proposed multi -year commercial lease agreement. 6. Landlord SSN or Tax ID. 7. Business plan, including executive summary and three -year financial projections of revenues and expenses. 8. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 9. Two (2) years of personal tax returns for the owners of a new business. 10. Qualifications, experience and track records of business owners. 11 List of jobs to be created including job descriptions, pay range and weekly schedule. For existing busmesses_ provide a list of all current positions including job descriptions, pay range an weekly schedule. Initials . 7 Page 3 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It zs recommended that the Applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (3d) days of CRA. Board approval or the grant award is terminated. Quarterly Rent Subsidy Payments - Rent Subsidy payments will be reimbursed to grant recipient on a quarterly basis beginning the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the four consecutive quarters following the grant approval. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly rent reimbursement the grant applicant must submit a written request for that quarter's reimbursement payment along with: For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted, OI For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Jmt1a1s Page 4 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 BOYNTON C 11 =BEAC 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. I. Program The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less. The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi -year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on a first - come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. II. Eliiiibility Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 1\ Initials A Page 1 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Type of Business: i 7 iC f • Number of Employees: 06 O 4 Hours of Operation: .Coo h -- o;to Z� 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: C»r1n6 A.D. t• g;61.46 C. Are you receiving grant assistance from any other governmental agencies: Yes No_ X If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and /or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program 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. 1 understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. a �trals Page 6 of 8 710 N, Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. 0 —/e_7.55Li Applicant/Tenant's Signature Date A X -SS ? 0 iLtik- t C C5c.c c6., Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PA Lt-t 8E CP+ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared A i c s s et, d, S ; 1 •. es-f-• . , who is personally known to me or produced Ft.,. Gt., 1)::.‘e C e v ., re. as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of /11......4e , 20 (1 . It „ v ONES 1,1s;to9 , nn)sz7 -a OTARY P i 1 ' � - cow io z ^ �s t j ` � Y om. f �� _' ". �. M C i on Expires: ` f y /toil Page 7 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.bovntonlzeachcra.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. ( Pro • 's Signature Date yy ���• 1 Cwo-- vi„ a sc i Fria _ Nagle Title Property Owner's Signature Date Printed Name - -- - -- - -- Title STATE OF /--'(U 1.1 d.._ COUNTY OF ('}fb/131_ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared �. J . Ri VG-. , who is personally known to me or produced N. IP- as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this v a (s (- day of 3)..e 20 / /. J ma�y_� y r N ii TARY P : LIC � My Commission Expires: jea1N .'VS Page9of9 710 Nash Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561-737-3258 `ywN I29Yntin l riNINra : / E E �q f kk c k « / / o = -c, v) \ @ / $ @ 8 § % . k \ $ G % $ .> = 0 2 £ ƒ / £ 2 2 7 E & g Z CO U - = o& 2 ca2 0 0 2\ b e ca o co c (_ o 0 f , f & ° 2 [ \ o f k c° a) Ch .2 _ a 0 / 0 ��f / E / %c c orZ - a � / .. _ 2/ 2 o a § 2 E& m§ a c as b ° - c\- o f \_ - E% t o = o E z \ 2\ 3 % k m/ w c E d o cT1 : » c > o « 2 f .„.,CO / - < ' 0 2 _ / ¥ k "t) » 1 ® $ c - 2 / \ k / 0 U = _ % 0 \ \ / 2 / f E 2 k E / 2 E / °f\ - 2 k CO o co / / -o ƒ 7 % 0 E 0 E w u / / a. 0 N m mq1--- & m (V t k d k d � d Cr) N « _ & 7 / » ® ` ® / / $ $ o *..* ,..e.4- . ,,,.. „, .t.:,, e .-A=4, ,c ■ , .7 "1 1 1 1 11,6 0: "7"- At ;t monweilq. A.... . , r14 ‘ 1. t;" ' • ; +t..; .. ''''''',. ''',',1 ,,, -.' t■ ',4., . 7 .. , 1 c I r 1 .. - -- , • • `..;,'-, • ,. / , 4 / (.„,-,, ' ''',. , „.....„.,....„ . , , „,... . „ 2 .( '.. . , .., I ' / I .. , ----.1- A-- 7 1 (_•(-__ , 4-,--.7) , „ ,, ...,,,. , . ,,,r_ .v., ,,. • / ... -.. _ t i z, / r ( - ,'' ... i ; „,,, - A \... ... , .. . _ .5. . 4.- . .. ,4 (1 r.T.) lit 1) .+; , ' ' ' ` i , e .- . • • .„ • , ,„,, , •• ',••- , /1 i „N ;,•,:-. :,i-c„ I li',•,,:•,....r•-;', - E:, k' `., ,• i I ) ef.,A,•(-/,,,_■,„2 67_, , _ ... _ ?. .,,,,— •• .,,,-- --- 6 , 5,,,,,,:''' , , • :?' .. .„, / .4,-/ u / ‘-t -I_ ) i--(- C&,-.• 4, ....„ , k 3 //, -,--:_-) , 7,- / ,,,, --- 0 t' ' ' , ' G ,,,tt , / ) / t . - -,, - , „” ..- t , . , c l\ „ ; (-:.%(. ( ) ,,-"(., ; ', ' 4 ;! ,,' -------) 1 ) - ,?'' ,:::,.) ,,,...--- i rC, , ... 7 , ..-• ,_ - .__- .• 4---' Y ' ,../ , z,"„i , )1 , .1), From: Orlove, Bill Sent: Tuesday, May 29, 2012 9:58 PM To: Walsh, Margee Subject: RE: UPDATE: CRA's Marina District Banner Project Looks great! Thanks for sharing. Bill From: Walsh, Margee Sent: Tue 5/29/2012 12:32 PM To: Buchanan, James; Hay, Woodrow; Holzman, Steven; Karageorge, Mark; McCray, Mack; Orlove, Bill; Ross, Marlene; Steve Abrams Cc: 'Dale Carlson'; Biscuit', Kathy; Brooks, Vivian; English, Heather; Harris, Susan; Hill, Vicki; Simon, Michael; Utterback, Theresa Subject: UPDATE: CRA's Marina District Banner Project In October, 2011, the CRA Board approved funding of improvements to the downtown corridor to include production and installation of street banners to be displayed along Ocean Avenue, Boynton Beach Blvd. and throughout the Boynton Harbor Marina. The banners will serve a multi - purpose: *Continuing the Agency's downtown revitalization efforts and "Marina District" Improvements *Reinforcing the "Breeze into Boynton" campaign which identifies Boynton Beach as a "destination ": Go Fast, Go Fishing, Go For it! *Compliments the city's new Brand Promise: Catch a wave, Catch a fish, Catch your breath, and Breeze into Boynton (Beach)...America's Gateway to the Gulfstream! CRA staff has been working on the creative development of these banners coming up with a total of six, individual designs, all keeping with the "Breeze into Boynton" tagline. (See attachment to view sample banner) For those of you that may not be aware, this phrase was originally created by the Palm Beach County Convention and Visitor's Bureau (PBCCVB) in 2011, as part of an extensive branding campaign to develop the character of each city in Palm Beach County. We just confirmed the vinyl, color banners (approx 120, 30" x 84" pcs.) will be installed throughout our downtown Marina District by June 1 —just in time for the June 2 ribbon - cutting of Boynton Beach's new Community Farmer's Market, located on the south east corner of Federal Highway and Boynton Beach Blvd. Thank you and we look forward to seeing you all at the Market this Saturday, 9.00 a m Margee Walsh CRA Marketing Director O (561) 737 -3256, ext. 204 C (561) 685 -8883 WalshM@bbfl.us www.bovntonbeachcra com Be sure to follow the CRA on Facebook and Twitter! Ij tt Breeze into Boynton your tropical port for fun! www.boyntonharbormarina.com From: McCray, Mack Sent: Monday, June 04, 2012 11:35 AM To: Walsh, Margee Subject: RE: Boynton Beach Media Coverage: four articles Thanks Margee, Great job Vice Mayor Mc Cray P S. Thought I was in Delray From: Walsh, Margee Sent: Mon 6/4/2012 11:14 AM To: Buchanan, James; Hay, Woodrow; Holzman, Steven; Karageorge, Mark; McCray, Mack; Orlove, Bill; Ross, Marlene; Steve Abrams Cc: Biscuit', Kathy; Brooks, Vivian; English, Heather; Harris, Susan; Hill, Vicki; Simon, Michael; Utterback, Theresa; Cherof, James; Coles - Dobay, Debby; DeGiulio, Joseph; enid silberstein; LaVerriere, Lori; LeJeune, Carisse; 'maugustin @cityatty.com'; Persaud, Farah; Slater, Stephanie Subject: Boynton Beach Media Coverage: four articles UPDATE: The Sun Sentinel reported on the installation of new street banners (approx 125, color, double- sided, 30" x 84" pcs.) throughout downtown Boynton Beach. (see article below) This is an example of positive editorial coverage of the city we are striving for from local media As noted in an email sent to you last week, in October, 2011, the CRA Board approved funding of improvements to the downtown corridor to include production and installation of these street banners, to be displayed along Ocean Avenue, Boynton Beach Blvd. and throughout the Boynton Harbor Marina. The banners serve a multi - purpose. *Continuing the Agency's downtown revitalization efforts and "Marina D,stnct" Improvements *Reinforcing the "Breeze into Boynton" campaign which identifies Boynton Beach as a "destination ": Go Fast, Go Fishing, Go For It! *Compliments the city's new Brand Promise: Catch a wave, Catch a fish, Catch your breath, and Breeze into Boynton (Beach)...America's Gateway to the Gulfstream! CRA staff worked on the creative development of these banners, coming up with a total of six, individual designs, all keeping with the "Breeze into Boynton" tagline (See attachment to view sample banner) For those of you that may not be aware, this phrase was originally created by the Palm Beach County Convention and Visitor's Bureau (PBCCVB) in 2011, as part of an extensive branding campaign to develop the character of each city in Palm Beach County 1. 'Go play!' says new Boynton banners nttp l/www sun- sentui Goodnews /palm- beam /bovntun- beach /tl- boymomrnanndabanne t, tUphat-zU,206u1 0,5609295 stoic Ben Wolford, Sun Sentinel Boynton Beach hopes 125 banners worth $14,000 will be a welcome mat to the city's marina The city redevelopment agency posted a few pictures on Facebook recently of a worker hanging a banner on a light post, emblazoned with the city's catchphrase, "Breeze into Boynton " Last month another city worker wrote a song of the same name The banners are all over the water's edge and downtown district and come in different designs, with optimistic commands, including "Go play!" From: Community farmers market Of south florida [mailto:commun ityfarmersmarketsofsouthfl @yahoo.com] Sent: Saturday, June 02, 2012 9:44 PM To: Biscuiti, Kathy Subject: I will fill you in when I see you, but I hope to be back by the Market for this weekend. I have gone over everything with Gary-if you need anything , simply call him at: 954 -540- 6593. It was so wonderful to have so many members of the CRA there, commissioners and of course the Mayor and his lovely wife. We are very proud of this market, customers and vendors equally proud and thrilled. Watch out for even better things for the City to be proud of. The only issue that arose was ANTS !!! Can you please have the entire area, including the grass outside of the fence sprayed before the next Market. Once again I, and our Board of Directors Thank you for all of your help, you went a long way to make this successful and actually happen, and we hope we made it easy or you! Jerry .Community Farmers Markets Of South Florida LLC. 6/5/2012 From: Wolford, Ben [mailto:bwolford @sun- sentinel.com Sent: Friday, June 01, 2012 5:28 PM To: Walsh, Margee Subject: RE: CRA banners Seriously, somebody ought to give you an award. Thank you From: walshm @bbfl.us [mailto:walshm©bbfl.us] Sent: Friday, June 01, 2012 2:40 PM To: Wolford, Ben Subject: CRA banners There are approximately 125 banners (2 sizes, 6 designs, double - sided) installed along Ocean Ave, BBch Blvd. And throughout the Marina. We bid the project out and paid $14,000 for production, installation and storage. This was a 2011/12 budget item as part of the ongoing improvements to the downtown corridor. Sent via BlackBerry by AT &T 6/4/2012 1 ~ R BOYNTON r �Y BE Hm cA CRA BOARD MEETING OF: June 12, 2012 1 Consent Agenda 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Events Recap May 2012. SUMMARY: • Movies on the Ave. 5/4/12 — Hugo PG -13 — 150 attendees. What a great movie...the screen was up on the stage and visibility was amazing. The Food Trucks had great food and desserts choices. • Sunday Funday — 5/6/12 — 60 attendees. A very warm day but the CRA was ready for fun! There was a huge inflatable obstacle course, a double wet slide to cool the kids off and a face painting clown. The Fishing Academy brought poles and gave the kids fishing lessons and the Muck Monster of the Lake Worth Lagoon even made an appearance. • Ocean Avenue Concert Series — 5/18/12 - 70 attendees. The weather was a big factor...raining in the late afternoon and keeping many regular attendees home. The CP +3 Band is just awesome and we had a nice turnout of Food Trucks. All that attended had a great time. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: Information Only Kathy Biscuiti Special Events Director _ , 1 a • 1 . . / ills , . 1 NW 1 — ,‘,„ s , I II14-‘ if ....,,..„. •-j al ' r 11111 fil -F I , _.. b • ••• ..•71 . •, • I 4 ' , Air — — .. 1 ' : ,, • _ 4 - - 7 ...._ . . it .2'llr ' } '4 - refry rirr......'• ,....,... .... r ' '; ; ••• 1 , • _ r ,..- 0 ....... --..„ s It , . _- 1 41 AR lib , - - . tit IP _ ---- ' .0,, • , r 111 o y its oll litil fly.{. __ ........ dif , Aid Movies on the Ave. May 4, 2012 "Hugo f Approx. 150 attendees , -;',.'0.4, - -''' • ...• -- . .-1,:tft.„,.-•..;. , r. _4p. •-• ._ ..., ., .,,,,: ,:, , , .„ .., _..:.,.„--n• • .•,.... ,..,..., ,... :. . .... . i, ..„ - 1 0114111P fi 4: . . ;144 % IIIPEN .. - . , , i• : . . 'air-- - -- . • . . .. . . , ' It 4 A.' .. . , ...gm 1 g - . ..,,, . , , ',, . , II II ' o'' ^ .•!.. , , ' ,li,' • ■ ' 1 i' . • ' 4 A*. "-44 .. i. 4. ' ..' '': . 44 ' ' ' ',: . . , .•, 4 it i i • . • i ir ■ • Is . . : ' . ' . :' . ' • • ' , , ..7. 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" . -' ...,-.', - - . , ,....,, , ,X.:,, :, -- r '''' ' '', ''.::, r '.'' r Y:''=..ttt'i•t•• --'-'*$ "". -'-'--", 77 7' ; .... .,,..,:::,,,,.: . -- -- '' ' ' .••••• • , - $,. .$ t' • . — • . , !:.4' euNmy FUNDAY . ---- . -.............._ _............ .... .,..., ..„.-_ . , ... ; Sunday Funday 14 ; 0- • .i , at the Marina ir May 6, 2012 CIIINIIIIIIIIIIIIIIIIIIIIMII ,.... / ''—...:..;;:;:.—..::;.,,-fiir:- Approx. 60 attendees 11111111111111111111 4. - ....- '',-..--.:-..... ,,..-'•, ,,, : - -lir , .......-•. _ -- . .. _... .. .........._ .,.,......., .... . 41 1a , ;C . ....11••.... • „ .., , '- • . _, M UCK I ', i • . ' .,, OF , 4 . LAGOON • 21- ' .,... ''' I • . .. 4 . ••' , .._ . : " - 4 • .« • i. ".,-- ' ., ' , •i:. r . ' . . - .. . . . ...."..„ . , ,.. 4 • - :., e.'„ift / 6.. .4 - .. . ... .. . .. _ 1 , , = , ..3 ,, 4., / .!.. . :.„.. . , . 4 , ." • . . . . Ali Ocean Avenue Concert Series 0 , tr. •, • 1 , -- .g. , May 18, 2012 _ 4 1 - - ' 1 M „......... "Clinton Powell & CP+3 Band" , 4 Approx. 70 attendees , - --- '' ,,, ' ... .., „ / ' • / N... 11110 ' r 41 16 1 t . ..■ ' Illir '7 I i 4 / ot q \ r ii 110 . — 11. • • • , ! e c......._ d‘ is - ,41, .. "Octfin flvtnut rrImrFPT SFRIFS BOYNTONQ CRA =BEACH CRA. BOARD MEETING OF: June 12, 2012 Consent Agenda 1 t Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Update on the "Little House" Commercial Interior Build -Out Project SUMMARY: At the March 13, 2012 meeting, the CRA Board approved entering into a lease with Ms. Chrissy Benoit d/b /a The Adventurous Palate, LLC to become the tenant of the newly relocated Jones Cottage located at 480 E. Ocean Avenue. Additionally, the CRA Board approved allowing Ms. Benoit to conduct the restaurant build -out and select her own contractor with the CRA providing a financial contribution of 60% of the costs "up to" $150,000.00 as well as project management assistance. The contractor selected by Ms. Benoit, Phoenix Realty Homes, Inc., obtained the building permits in early April and after receiving approval for several necessary interior plan revisions, has been performing work at a continuous and very diligent pace. Originally, Phoenix projected a construction cost for the project of $237,000.00 but has been working closely with Ms. Benoit and CRA staff to identify cost savings opportunities which are anticipated to produce a reduction of approximately 15 %- 18% in the final construction cost. Attached for your review are several progress photos of the construction process highlighting the interior framing and exterior slab portions of the project. As originally proposed, all but 4ft of the original tongue -n- groove wood paneling was refinished and then "reused" to create the very attractive stained interior vaulted ceiling. Ms. Benoit anticipates the restaurant opening in July. FISCAL IMPACT: Maximum of $150,000 from Budgeted Line Item # 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan RECOMMENDATIONS /OPTIONS: Information Only ii / 1 .14 ��Z�:.� //i" - � - �- Michael Simon Development Director The "Little House" Interior Build -out Project Progress Pictures May 2012 Interior Framing Process 3 t , ' / \ , .0.00110gri: ip \ 7 r him il / 4 I : t i I { lI 4 !' Enlarged Slab for Walk -in Cooler ae .aties, , • ,. , , ._ ..... , __...„--- ; i __ ,, __ w ..." -4,----- -- __ ---- - _ -, ,, ____ .._, _ __.... . .. e.,:_.„, --,----- :.... . .:„.. N. ._. a Progress on Kitchen sub - floor installation in preparation for tile surface and cabinetry % ` f , _ ' ,,,, f" 1 ...4,..‘ 1 , r -- I t -,. b 1 it i 1 ' 1 k i . k , , ,,,,i . l - I i 4 , , , 4... , I ' 1 F 4E11- h miji t f It , . 1 ,. fh . 1 Installation of insulation and reuse of existing wood paneling on interior ceiling s , L , Y PRA " '` . . • �1 1 yam t- 1 , i: ili 2 ilk .\ I ''' I , . , Page 1 of 2 Brooks, Vivian From: The Little House [thelittlehousebb @yahoo.comj Sent: Sunday, June 03, 2012 6:25 PM To: Brooks, Vivian Subject: Freebie Alert!!! 4 weeks and counting Having trouble viewing this email? Click here 11-- t e o r:: - - , li 4For- - , „, ,, tr . y • .: . t The Little House June, 2012 Moving Along Find Us I was honored to be at The Taste of Boynton electrical is in, I ;lave Io;s of rlctu1es on ( Beach! It wa a h!at - t! ;:plumbing is don; felc:1 ook please frier.; 1 \Ve made bunt -I insulation and wa!UE at. loil't F r TI? e i i ik= pee pie v- 1 eyt...! can't wait to 1 ' c: - ='£ love urlegLii'_ y the t iro. Fr. .i.k licu's rt. and to The Adventurous Palatc beach 4ek foie` :_ show, is doing great, I'm i ii.cl c i e l.c.JLr i for tn ;e r iew fl :! proud to work with my 't! F dd to the existing g'.. . chef and foodie friends! theittlehousebbVahoo.com seleution6 in Boynton As a reminder the new 1 IFo please fe free to Beach. I also attended network is called Foodie core by the place and see, the opening of Due Fanatics network, and I for yourself. Our location is South Brewery, Mike and just did my 4th show! 408 f=ast Ocean Avenue, in Jodi got their inspiration It's pretty silly as they Boynton Beach. It's the kicking butt at the told me to just be cute little yellow house. I Havana Hideout Brew me...they didn't know am here there and Offs I used to host, and what they were getting everywhere right now, doing making so many people into...:) www.amp2.tv catering, running The happy with their IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BOYNTON BEACH COMMUNITY REDEVELOPMENT SELLER AGENCY �r By: Print Name: Woodrow Hay Prime Name: Gail Luchey Title: Chair Date: Date: '11A110,110.. Witnesses• Witnesses: /ice _! Witnesses: Witnesses: £t1' U i . • A • ESCROW AGENT Goren, Cheroi Doody & Ezrol, P.A. By: Print Name: DNT:dnt HA200910904781Pwchae and sale Agroemenc Luchey (124- 126).doc Page 14 of 14 Delray Beach, FL 33483 13. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit o1 the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not umly withheld. If CRA has been dissolved as an entity while this Agroenent and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 14. BROKER FEES. The SELLER and CRA hereby state that they have not dealt with a real estate broker in cormection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the CRA from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 15. Environme Co ndition s. 15.1. For purposes of this Agreement, pollutant ("Pollutant ") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by- product as defircd or regulated by environmental laws. Disposal ( "Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environrnental laws ('Environmental Laws ") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 15.1.1 As a material inducement to CRA entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER' knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or forma basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER property. Page 11 of 14 be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Andrew Luchey 8517 Estate Drive West Palm Beach, FL 33411 If to CRA: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 With a copy to: James Cherof CRA Attorney 76 N.E. 5th Ave. Page 10 of 14 11.9 SELLER represents to CRA that the Land is not subject to any deed restrictions a declaration of restrictions running with the Land which would affect the use of the Land. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Land. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its tams. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the be of SELLER' information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi - governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.133 To the best of SELLER' knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT. 12.1. CRA's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement provided, however, that CRA shall also Page 9 of 14 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the bread of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, chage, or encumbrance upon any of the Property or assets of the SELLER by reason of the terns of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without CRA'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, date any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights -of -way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of CRA, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the forty -five (45) day Inspection Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, d, against SELLER or the Land by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Land or any part thereof or which would otherwise relate to the Land. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies) "). ' Page 8 of 14 any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 103. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by CRA. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. QsaingSmts, CRA shall be responsible for all documentary stamps on the deed, recording the deed.and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for their own legal fees. All other costs of closing shall be borne by CRA. 10.5 Closing Proce CRA shall fund the Purchase Price subject to the credits, offsets and proration set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Iviortes and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. Seller's Representations and Warranties. To induce CRA to enter into this Agreement, SELLER makes the following representations, all of which, to the best of it's knowledge, in all material respects and except as otherwise provided in this Agreement (1) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, CRA shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold CRA harmless from and against all expense and liability in connection therewith (ncluding, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or wed, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. Page 7of14 this to CRA. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to CRA the following documents and instruments: 9.1. pgg A Warranty Deed (the "Deed") conveying to CRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to CRA a non - foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured tide objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and proration between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Proration, Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. CRA and SELLER shall comply with Section 196295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the patties shall re- prorate Page 6 of 14 closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to- month basis, were given proper notice to vacate and there are no leases on the property. 8.6 Short Sale Contingency. This Agreement is contingent upon: (a) SELLER's lender(s) and all other lien holder(s) (collectively "Seller's Lender") approving the Purchase Price terms of this Agreement and the HUD-1 settlement statement; (b) Seller's Lender's agreement to accept a payoff which is less than the balance due on the loan or other indebtedness; and (c) Seller's Lender's agreement to release and provide a satisfaction of the mortgage(s) and/or other lien(s) encumbering the Property (the " Mortgage(s)") upon receipt of reduced payoff amount(s). Approval of, or agreement to, items (a) through (c) by Seller's Lender is referred to as "Short Sale Approval ". However, an approval by Seller's Lender which does not provide a waiver and complete release of any claim(s) for a deficiency against Seller for sums due Seller's Lender under the Mortgage(s) as of the payoff date, or which requires additional terms or obligations affecting either party shall not be deemed "Short Sale Approval" unless the party affected accepts those additional terms or obligations in writing. A copy of a Short Sale Approval accepted by Seller shall be delivered by Seller to CRA and Closing Agent within 3 days of Seller's receipt of such Short Sale Approval. 8.6.1 Application for Approval of Short Sale. Seller shall, within ten (10) days after Effective Date, obtain from Seller's Lender their application forms for a "short sale ", and Seller will diligently complete and return such forms to Seller's Lender within 5 days thereafter and promptly provide such additional documents as may be requested by Seller's Lender. 8.6.2 Status of Short Sale Approval Application. Seller hereby authorizes Seller's Lender to provide CRA and CRA's Closing Agent with information stating the status of Seller's application for approval of a Short Sale and notice of the approval(s) or denial(s) of such application(s). Seller shall promptly notify CRA when Seller obtains Short Sale Approval as provided herein, or denial of such approval from Seller's Lender. 8.6.3 Short Sale Approval Deadline; Termination. If seller does not deliver written notice to CRA that Seller has obtained Short Sale Approval within sixty (60) days from Effective Date ( "Short Sale Approval Deadline "), then either party may thereafter terminate this Agreement by delivering written notice to the other party, and the Deposit will be refunded to CRA, thereby releasing CRA and Seller from all further obligations under this Agreement. 8.6.4 Back-up Offers. During the term of this Agreement, Seller shall not accept or enter into any back-up offers, contracts, options, or other agreements concerning the sale of the Property. 8.6.5 Acknowledgement by Seller. If Seller is advised of Seller's Lander's refusal to participate in any short sale, Seller agrees to immediately communicate Page 5of14 73 SELLER Deliveries. SELLER shall deliver to CRA the following documents and insnumarts within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 73.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 73.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals "), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instnrments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing') are either fulfilled or waived by CRA in writing: 8.1. stations and_Waranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 8.4. Compliance with Laws and ReQuIations The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, pennits and authorizations as of the date of Closing. 8.5. Qmggacv. The property shall be conveyed to the CRA at time of Page 4 of 14 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections "). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. ,Survey Review. CRA, at CRA's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. Page 3 of 14 agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER, unless the misdelivery is due to Escrow Agent's willfiil breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed fiords which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement 5. aggska. The purchase and sale transaction contemplated herein shall close thirty (30) days after the SELLER receives Short Sale Approval, as provided herein, (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by General Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The CRA, and its designees shall have sixty (60) days from the Effective Date of this Agreement ( "Feasibility Period "), at CRA's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section Page 2 of 14 PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and GAIL LUCHEY, a married woman (hereinafter "SET I,F.R "). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PUR M E AND SALE/PROPERTY. SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located at 124 -126 NW 1 d Avenue, Boynton Beach, Florida in Palm Beach County, Florida (the "Properties ") and more particularly described as follows: Lot 3, less the East 7.5' and the East 22.5' of Lot 4, Hilltop Village, According to the map or plat thereof, as nawrded in Plat Book 24, Page 70, Public Records of Palm Beach County, Florida 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Seventy Thousand and 00/100 ($70,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Monev Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both Purchaser and Seller CRA shall deliver to Goren, Cherof Doody & Ezrol, P.A.. ( "Escrow Agent") a deposit in the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit"). 3.2 Ap„plicatio is of ataletit The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 12 the Deposit shall be delivered to (or retained by, as applicable) the non - defaulting Party, and the non - defaulting Party shall have such additional rights, if any, as are provided in Section 12. 33 Egg Escrow A rat CRA and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BOYNTON BEACH COMMUNITY REDEVELOPMENT SELLER (e-Luoeigx-. AGENCY B Print Name: Woodrow Hay Print Name: Gail Luchey Title: Chair Date: Date: 67. /4Z- Witnesses: Witnesses: ►, is Witnesses: Witnesses: ► $ Print N . An w L ey Date: 31 R.. Witnesses: _ ` / M Witnesses: i ,1. ' ' � ESCROW AGENT Goren, Cherof Doody & Ezrol, P.A.. By: Print Name: H:1200910904761Purehase and Sale Agreement Luchey (118- 120).doc Page 14 of 14 shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 16.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 16.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 16.8. Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 16.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 16.10 Recordm' g. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 16.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and CRA's possession of the Property. 16.12 SELLER Attorney's Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorney's fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. Page 13 of 14 (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 16. MISCELLANEOUS. 16.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instnunent. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 16.2. Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 16.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 16.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 16.5. Severability. If any provision of this Agreement or the application thereof Page 12 of 14 Delray Beach, FL 33483 13. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unroasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended fiom time to time), shall apply. 14. BROKER FEES. The SELLER and CRA hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the CRA from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or undemanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 15. Environmental Conditions. 15.1. For purposes of this Agreement, pollutant ( "Pollutant ") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by- product as defined or regulated by environmental laws. Disposal ("Disposal ") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws (`Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 15.1.1 As a material inducement to CRA entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER' knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER property. Page 11 of 14 be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Andrew Luchey 8517 Estate Drive West Pahn Beach, FL 33411 If to CRA: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 With a copy to: James Cherof CRA Attorney 76 N.E. 5th Ave. Page 10 of14 11.9 SELLER represents to CRA that the Land is not subject to any deed restrictions or declaration of restrictions running with the Land which would affect the use of the Land and all title matters to which SELLER's property is subject to is set forth on Exhibit " " 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Land. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi - governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER' knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT. 12.1. CRA's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that CRA shall also Page 9 of 14 113 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any limo :harp, or encumbrance upon any of the Property or assets of the SELLER by reason of the tenns of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or inahumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without CRA'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, nts, rights -of -way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of CRA, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SERI .FR in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SE T.RR shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the forty -five (45) day Inspection Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Land by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Land or any part thereof or which would otherwise relate to the Land. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies) "). Page 8of14 any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 103. Suecial Asst Liens. Certified, confirmed and ratified special agent liens imposed by public bodies as of Closing are to be paid by SELLER.. Pending liens as of Closing shall be assumed by CRA. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. CRA shall be responsible for all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for their own legal fees. All other costs of closing shall be borne by CRA. 10.5 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. Seller's Representations and Warranties. To induce CRA to enter into this Agreement, SELLER makes the following representations, all of which, to the best of it's knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives infonnation to the contrary, and (iii) shall survive the Closing. In that event, CRA shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold CRA harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. Page 7of14 this to CRA. 9. CLOSING DOCUMENTS, The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to CRA the following documents and instnrments: 9.1. pest A Warranty Deed (the "Deed ") conveying to CRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER SELLER shall also furnish to CRA a non - foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 93. Closing Statement. A dosing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. ft=iggfi,. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. CRA and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re prorate Page 6 of 14 closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to- month basis, were given proper notice to vacate and there are no leases on the property. 8.6 Short Sale Contingency. This Agreement is contingent upon: (a) SELLER's lender(s) and all other lien holder(s) (collectively "Seller's Lender") approving the Purchase Price terms of this Agreement and the HUD -1 settlement statement; (b) Seller's Lender's agreement to accept a payoff which is less than the balance due on the loan or other indebtedness; and (c) Seller's Lender's agreement to release and provide a satisfaction of the mortgage(s) and/or other lien(s) encumbering the Property (the "Mortgage(s) ") upon receipt of reduced payoff amount(s). Approval of or agreement to, items (a) through (c) by Seller's Lender is referred to as "Short Sale Approval ". However, an approval by Seller's Lender which does not provide a waiver and complete release of any claim(s) for a deficiency against Seller for sums due Seller's Lender under the Mortgage(s) as of the payoff date, or which requires additional terms or obligations affecting either party shall not be deemed "Short Sale Approval" unless the party affected accepts those additional terms or obligations in writing. A copy of a Short Sale Approval accepted by Seller shall be delivered by Seller to CRA and Closing Agent within 3 days of Seller's receipt of such Short Sale Approval. 8.6.1 Application for Approval of Short Sale. Seller shall, within ten (10) days after Effective Date, obtain from Seller's Lender their application forms for a "short sale ", and Seller will diligently complete and return such forms to Seller's Lender within 5 days thereafter and promptly provide such additional documents as may be requested by Seller's Lender. 8.6.2 Status of Short Sale Approval Application. Seller hereby authorizes Seller's Lender to provide CRA and CRA's Closing Agent with information stating the status of Seller's application for approval of a Short Sale and notice of the approval(s) or denial(s) of such application(s). Seller shall promptly notify CRA when Seller obtains Short Sale Approval as provided herein, or denial of such approval from Seller's Lender. 8.6.3 Short Sale Approval Deadline; Termination. If seller does not deliver written notice to CRA that Seller has obtained Short Sale Approval within sixty (60) days from Effective Date ( "Short Sale Approval Deadline "), then either party may thereafter terminate this Agreement by delivering written notice to the other party, and the Deposit will be refunded to CRA, thereby releasing CRA and Seller from all further obligations under this Agreement. 8.6.4 Backup Offers. During the term of this Agreement, Seller shall not accept or enter into any back-up offers, contracts, options, or other agreements concerning the sale of the Property. 8.6.5 Acknowledgement by Seller. If Seller is advised of Seller's Lander's refusal to participate in any short sale, Seller agrees to immediately communicate Page 5 of 14 7.3 SELLER Deliveries. SELLER shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (=hiding engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 73.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals "), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SFI.i.ER shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER - shall remedy, restore, and rectify any and all violations of the Governmental Approvals (mcluding but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by CRA in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 82. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 83. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the CRA at time of Page 4 of 14 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement 7.1 Title Review. Within twenty (20) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. CRA, at CRA's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. Page 3 of 14 agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the fling Bees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close thirty (30) days after the SELLER receives Short Sale Approval, as provided herein, (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by General Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The CRA, and its designees shall have sixty (60) days from the Effective Date of this Agreement ( "Feasibility Period "), at CRA's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations ofthe Property, including but not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section Page 2 of 14 t PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and GAIL LUCHEY AND ANDREW LUCHEY, husband and wife (hereinafter "SELLER "). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SF.L1.RR agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located at 118 -120 NW 10 Avenue, Boynton Beach, Florida in Palm Beach County, Florida (the "Properties ") and more particularly described as follows: West 7.5' of Lot 1, all of Lot 2, and East 7.5' of Lot 3, Hilltop Village, According to the neap or plat thereof, as recorded in Plat .Book 24, Page 70, Public Records of Palm Beach County, Florida 2. PURCHASE PRICE AND PAYMJiNT. The Purchase Price to be paid for the Property shall be Seventy Thousand and 00 /100 ($70,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both Purchaser and Seller CRA shall deliver to Goren, Cherof, Doody & Ezrol, P.A. ( "Escrow Agent") a deposit in the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. if this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non- defaulting Party, and the non - defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Arent. CRA and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties Z 0 CO CO O 0 0 (0 N 0 0 W Q N C U) O V co M C) - 2 j O N N cc ma a a Eft EA CA EA 0 0 0 0 _ 0 0 0 0 W U) 0 0 0 0 0 6 0 0 W W It V) U w 1— Z 0 W CA to F» p O oo rn 6 CD ;o M 1- P. CO o _ C N N Q ? O N N Z Ca rt *a H9 EA EA LL O U F— o 0 � N w ) O d p O j ■ O p "t 83 v � N _J u) N ( .- IX a. 0 0 o } Qa z J 0 0 Q < co U e, W c Z ` �n = W 0 m W N 0 0 C m 2 c z a) a) 1 0 J ' Q 0 LLI V' 0 (0 w o N a m m o U D � c 0 LL co �o m coo it aa> m m 0 0 O 4 c V Z I % -C 2 m g z Z t F- W a. 2 o G a W Z .8 c W 7 ` Q � c CL W o m 0 w a c . ` — ° - 2 t . > m r a ru 4- c - u 0 0 D % d o 0 0� as co N a o 0 ' re .0 SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid. in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 12TH DAY OF JUNE 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Woodrow Hay, Chair Approved as to form: James Cherof CRA Attorney RESOLUTION NO. 12-02 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2011 -2012 BUDGET TO INCREASE THE TOTAL APPROPRIATIONS FOR THE GENERAL FUND AND THE PROJECT FUND AND REFLECT MOVEMENT OF FUNDS FROM THE GENERAL FUND TO THE PROJECT FUND AND ALLOCATE PROJECT FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA ") has adopted the fiscal 2011 -2012 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan.; and WHEREAS, the CRA Board has approved at the February 14, 2012 meeting a potential property purchase unbudgeted in FY 2011 -2012 in the amount of $140,000; and WHEREAS, the source of funds are available in General Fund Unassigned Fund Balance; and WHEREAS, the Director of Finance, based on the Board's policy determination has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS "" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA hereby increases General Fund budget revenue and transfers to Project Fund budget the amount of $140,000. Project Fund budget transfers in (revenue) is hereby increased by $140,000. Project Fund budget expenses are increased by $140,000 for the purchase of property located at 118 and 124 MLK Blvd., Boynton Beach, FL, line item 02 -58200 -401. A copy of the 2011 -2012 budget amendment is attached hereto as Exhibit "A". rr Y TO BQ N N BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda I X I Old Business New Business Legal j ! Executive Director's Report SUBJECT: Consideration of Approval of Resolution No. 12 -02 Authorizing the Funding and Execution of Purchase Agreements for the Luchey Properties located at 118 and 124 NW 10 Avenue in the Amount of $140,000 SUMMARY: At the February 14, 2012, CRA Board meeting the Board approved offering the lender on the two properties located at 118 and 124 Martin Luther King, Jr Blvd. for a total of $140,000 Attached are the Purchase Agreements drafted by the CRA attorney and executed by the owners of the property FISCAL IMPACT: $140,000 plus closing costs for both properties CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve Resolution 12 -02 and execution of the two purchase agreements in the total amount of $140,000 Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \June 2012 \Luchey doc Ocean Breeze Lots Lot 7 — Model D — Hip — Garage Left — Color Scheme A — Frontage — 87.17 Lot 15 — Model C — Hip — Garage Right — Color Scheme D — Frontage — 66.92 Lot 18 — Model A — Hip — Garage Right — Color Scheme B — Frontage — 77.20 Lot 21— Model 4 bd rm — Garage Right — Color Scheme ? — Frontage — 76.20 = 0 0 0 CD �o L_ 0 0 Ln Ln o o .-+ c, cc 4 0 ui m r--s r :° z ° rn r ; r : 0 0 0 o o Ln Ln o .-i o c, +, U L11 m 0 ri Q M Ln 71 N e-i ri .-ti `--1 O O 0 1.0 CD O N r` u"i r 0 00 00 0 Q Lf1 cr O N m V C V1 ," O r+ O 0 0 lD LD 0 N of h O CO CD CC Q m •tzt in 7t .-i rn C ,-1 0 0 0 0 Lo up 0 0 0 0 0 0 00 n � = N: N- LN1 •zi N 61 -+ M •zt CD Ln r1 00 0 m 0 0 0 0 0 LD c.D 1-1 0 0 0 0 O r r i i 0 tD O O O Lo Ln 4- N C Li' O R Ln N N N - N N M ri ri CD V ri rI 00 CO t U co CD C 0 0 0 0 0 CO N 0 N 0 0 m Ln E a co 0 0 o Ln Ni c N ( f0 i ..i 2 N m LN) m ei rn ri O_ • ,� ,--1 ,-I 00 v C CO C V) W. 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NA ki 5 [� tM6'•ommt i �' � u^ po i9 3g a mm wm ,' ,or as amr c , o Vi ^, s 11, ° s � ° s l g ii 1. ° 11 n ? g aar _ ... 4-1 ' MOO I — Qom, , gd Il 8 8 E° B L __J xs ,, ••p I � o s ' s a sac y a7ar wn.r� e '§ ' '� 6000 MOO 91 4 g 1 ` '31 I • TRACT PJ i if 4 a� -- • 1 —__ - Matl __ —__ — _.__-- _-- A — N_ — — __— __ —_ �3 � - -__— - J BOYNTON MUM BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda X 1 Old Business New Business Legal 1 Executive Director's Report SUBJECT: Update on Ocean Breeze West Housing Development SUMMARY: The CRA Board requested a project status update on the progress of the development every six months Mike Campbell of Habitat, Keturah Joseph of the CDC and CRA staff met on May 29 to review the project According to the CDC they have eight pre- approved buyers. They will be building two homes at a time They recently secured buyer down payment assistance from the City through NSP 3 funds The CDC anticipates that all ten of their homes will be completed or under construction by July 2013 Habitat reports that they have nineteen approved buyers Two of their homes are 90% complete They will be building two homes at a time and anticipate all eleven of their homes will be constructed or under construction by July 2013. The next update will be on the December agenda FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: For Information only J Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Ocean Breeze West Update doc Page 2 of i Production Kitchen wonderful effervescent beverages! Good luck to you both! I know It will be great! Go visit I everyone, respect the guts it takes to persue your dream, and enjoy a great Saison as well, It's 1 a win win: Keeping you posted Save the coupons....bring them in when we open! As we get closer to the opening I'm going to send out count down coupons! Please print them and bring them in to enjoy the offers once the doors are open, encourage your friends to join the list via twitter thelittlehousel or email me at thelittlehousebb @yahoo core i r FREEBIE Use this coupor Eny €.me ounng the thuc week we P'S cpern no receroe 2 ■ee ferns oT cr delicious food menu, no purchase necessary, just come in take E load off Er+c' let us 3 yc, ALERT yummy dishes Sometimes moo things happen to mice people , corrbor pc ;.ersc must be on our email krst to receive yow count dowr co..+pons Cot o�+ tl ist crilcy ycr ■ welCo*r el+fts' (■earl■ we Ieserve he r pht 'C '"toy Fe -ye )+ct f• rr.v , FE i is , v ^ss ri 7 ":e - ' , Offer Expires lFt ds_v nI 4 h fth'r.eek v +re .J [i npt , ,o , c iy LCir ■hr 4t , €ci v eel ,, F rr c L Forward this email if Sate (On tContnrnt This email was sent to brooksvi @bbfl us by thottlehousebb(eoyahoo.cor4 Update Profile /Email Address Instant removal with SafeUnsubscribe" t }rivacy , The Little House 408 East Ocean Ave Boynton Beach FL 33435 Page 2 of 2 Production Kitchen wonderful effervescent beverages! Good luck to you both! I know it will be great! Go visit everyone, respect the guts it takes to persue your dream, and enjoy a great Saison as well, its a win win! Keeping you posted Save the coupons....bring them in when we open! As we get closer to the opening I'm going to send out count down coupons! Please print them and bring them in to enjoy the offers once the doors are open, encourage your friends to join the list via twitter thelittlehousel or email me at thelittlehousebb@yahoo.com r , FREEBIE this coupon anytime during the third week we are open and receive 2 free items from our delicious food menu, no purchase necessary, lust come in, take a load off and let us buy you 2 ALERT E R T yummy dishes? Sometimes nice things happen to nice people! 1 coupon per person, you L f� must be on our email list to receive your count down coupons! Get on the list, enjoy your welcome gifts! (clearly we reserve the right to not serve you for any reason we deem important) Offer Expires 1st day of the 4th week we are open, and is only valid the third week we are open Forward this email V#Safe ConstantContact This email was sent to brooksvi ©bbfl us by thehttlehousebbOyahoo.com Update Profile /Email Address Instant removal with SafeUnsubscribeTM 1 Privacy Policy, The Little House 408 East Ocean Ave Boynton Beach FL 33435 ,",,,,,,,, ,,,,,,, BOYNT =BE CRA BOARD MEETING OF: February 14, 2012 I I Consent Agenda I X I Old Business I I New Bodiless 1 1 Legal I I Executive Director's Report SUBJECT: Update on Code Lien Foreclosure Matter on Luchey Property Located at 118 and 128 MLK Blvd. and Consideration of Offering Lender $140,000 to Purchase Both Properties SUMMARY: The City has code liens on the two above - referenced properties. The two properties are adjacent to the Sara Sims Memorial Park and the recently acquired Brandom property that was demolished and deeded to the City to add to the Sara Sims Memorial Park. These two properties are adjacent to the Brandom property. (See Attached Map.) There is no guarantee that the lender will accept the offer. However, due to the fact that these properties have been such a nuisance to the community staff feels it is important enough to make the effort to obtain them. Attached is a memorandum from the City attorney regarding the issue. FISCAL IMPACT: $140,000 plus customary closing costs and demolition. CRA PLAN, PROGRAM OR PROJECT: The Heart of Boynton Community Redevelopment Plan. RECOMMENDATIONS /OPTIONS: Staff recommends that the Board approve $140,000 to the mortgage lender for the two properties. C _____1_ , Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board MeetingslFebruary 20121Luchey.doc , . Y { � J fff z Hwy ' • i . 1 , " 4 la r lot+ e h ilt If 1 . 1-1 Mb e 4 c '+! SO a > T w' I. . .„„,, ... .e.- „: z = . . .4 .. -- ,...5 . ......., .... ... . , - de cJ « r .. r o ----- ........ALAidi,: ,, . .. - '4:7:' ' ' �. ;04' " J w illerN Ni ., 1 S trt 11 • - - • V 0/11C1 1 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Jose A. Rodriguez, Mayor Members of the City Commission Members of the Boynton Beach Community Redevelopment Agency Board of Commissioners CC: Lori LaVerriere, Interim City Manager Vivian Brooks, Boynton Beach CRA Executive Director FROM: James A. Cherof, City Attorney 94e David N. Tolces, Assistant City Attorney' V17 DATE: January 4, 2012 RE: City of Boynton Beach ( "City ") /Foreclosure of Code Compliance Liens on Property Owned By Andrew and Gail Luchey - 118 NW 10 Avenue and 124 SW 10 Avenue In 2009, the City filed a foreclosure action against Andrew Luchey and Gail Luchey seeking to foreclose the code enforcement liens which have been recorded in the Public Records of Palm Beach County against the above referenced properties. Since the time of the filing of the litigation, the City has attempted to negotiate a resolution of this matter with Mr. and Mrs. Luchey. Mr. and Mrs. Luchey offered to convey the property to the City subject to the existing mortgages on the • property. The Lucheys agreed that they would not be entitled to any proceeds from the conveyance of the properties to the City. The two properties which the City filed the foreclosure action against are located at 118 NW 10 Avenue and 124 NW 10 Avenue. Based upon appraisals obtained by the City, the appraised value for 118 NW 10 Avenue is $40,000.00, and the appraised value for 124 NW 10 Avenue is $70,000.00. At this time there are mortgages recorded against each property. The current payoff amounts for each mortgage is approximately $130,000.00. As the appraised values for each lot are below the current mortgage pay off amount, it would not be reasonable to offer to pay off both mortgages in consideration of the Lucheys conveying the properties to the City. Therefore, it was suggested at mediation that the City, with the financial assistance of the CRA, offer to pay the mortgage company a lump sum of $140,000, in an effort to pay off both mortgages. In order to have the mortgage company consider the proposed settlement offer, however, the City must make a written offer to the mortgage company. Therefore, at this time, our office is requesting authorization from the City Commission as well as the CRA Board of Commissioners to make such a settlement offer to the mortgage company, if the City Commission and the CRA Board grant the authorization, our office will forward a settlement proposal to the mortgage company with the goal of having the bank release both mortgages for a total lump sum payment of $140,000.00. The Lucheys would then convey the properties to the City. The Lucheys will not receive any compensation for the conveyance of the properties to the City. If approved by both the City and the CRA, and accepted by the mortgage company, the CRA would provide the funds necessary to pay off the mortgages and acquire the properties. If the City Commission would rather have these settlement discussions in a closed session pursuant to Section 286.011(8), Florida Statutes, we will make the necessary arrangements to do so. If you have any questions or concerns, please do not hesitate to contact our office. DNT:kml H.\200910904761Commission Update - Settlementdoc Palm Beach County Property Appraiser Property Search System Page 2 of 2 Palm Beach County Property Appraiser Property Search System Page 1 of 2 i : „ : , i-r't t `, l ::. ,1.'"t: 4 ,.;l Y r piatailt Public Accoss System • N _� Kam« ,.xx4 `1` - Property Information Location Address: 118 W MARTIN LUTHER KING JR BLVD view M$p 1 Municipality: BOYNTON BEACH CIPIIRd$t 1 Parcel Control Number: 08- 43- 45- 21 -09- 000 -0011 2011 Proposed Subdivision: HILLTOP VILLAGE IN Tex N R Revers Side o,fieiai Records Book: 14586 Page: 714 Sale Date: Dec - Help :,ecial_pescrippQ : HILLTOP VILLAGE W 7.5 FT OF LT 1, LT 2 & E 7.5 FT OF LT 3 O "vrje ;I: for mathor • Name: LUCHEY ANDREW & A I � ; mailing Address: 8517 ESTATES DR WEST PALM BEACH FL 33411 6537 - ? ".3: ? :r,fcr, - ie . tior. Seises Da:.e Jookf'>age "rice ,=a:e Type Owner Dec-2002 14586/0714 $121,000 WARRANTY DEED LUCHEY ANDREW & Aug -2000 1292i10503 $89,000 WApRANTY DEED BOSCH SANDRA Aug -1983 04020/0374 $28,000 WARRANTY DEED Exemptions I Exemption Information Unavailable. Tai: Year: 2C1.. 2G10 2C09 - Property Information . Improvement Value: $48,585 $48,585 $80,498 umber of Units: 2 :.and Value: $27,792 $30,899 $45,759 *Total Square Feet: 2550 Total Market Value: $76,377 $79,484 $126,257 Acres: 0.17 * May indicate living area in Usa Coce: 0800- MULTIFAMILY < 10 UNITS residential properties. All values are as of January e each year ,".f: t4. if. . "ia;:aile ' eltie.:. 'ax hear: 2j11. zuo 2009 Assessed Value: _ $76,377 $79,484 $126,257 j 5rectum kill/ 1 xemption Amount: $0 $0 $0 - Taxable value: $76,377 $79,484 $126,257 J Palm Beach County Property Appraiser Property Search System Page 2 Of i 'E axes - ,, 2011 2010_ 2009 'Tax Calculator $1,735 $1,786 $2,752 $374 $324 $310 i Details $2,109 $2,110 $3,062 Tax Cr4lostpr VVILOS6e NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Palm Beach County Property Appraiser Property Search System Page 1 of 2 "8 ra R r.:Piu,.l:, 1r : N 62 atSes s Public Access System - Property Information Location Address: 124 W MARTIN LUTHER KING 3R BLVD VI$Y Mate ➢ Municipality: BOYNTON BEACH Calculate I Parcel Control Number: 08- 43- 45- 21 -09 -000 -0031 , 2 P Subdivision: HILLTOP VILLAGE IN Reverse Side Official Records Book: 14559 Page; 1192 Sale Date: Dec -2002 H-[elp Leal Descri tion: HILLTOP VILLAGE W 42.52 FT OF LT 3 & E 22.5 FT OF LT 4 Owner Information Name: LUCHEY GAIL I ("�1A1i191'3 Mailing Address: 8517 ESTATES DR WEST PALM BEACH FL 33411 6537 - Sales .En'rcVY Sales Date Book /Page Price Sale Type Owner [ _ , _ J Adr .=ii►la'i Dec -2002 1,4569/1192 $120,000 WARRANTY DEED LUCHEY GAIL Dec -1993 08034/0846 $27,300 STATE DEED Mar -1993 67654L $100 WARRANTY DEED Exemptions Exemption Information Unavailable. Appr&sats Tax Year: _alai 010 2309 Property rte` In: or maia'3 ten ' Improvement Value: $59,491 $59,491 $98,247 Plumber of Units: 4 Land Value: $31,431 $34,944 $51,751 *Total Square Feet~ 2550 Total Market Value: $90,922 $94,435 $149,998 Acres 0.20 * May indicate living area in Use Code: 0800- MULTIFAMILY < 10 UNITS residential properties. All values are as of January 1 each year i-.s .FeSsec► zn ` axe!e r. a. !e5 Tax Year: 201. 2010 2009 Assessed Value: $90,922 $94,435 $149,99 ( ire Detail j Exemption Amount: #0 $0 $ _ .. .. . _ .... _ Taxable Value: $90,922 $94,435 $149,99 Palm Beach County Property Appraiser Property Search System t'age = If i Taxes i Tali Calculator 206 NEME OMMEM i Des ax Collector webSite NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. • 0 4111111. t I 1 to r • P ip • ` . , .1111 . lit t4! G.,.... ''' ....: 7; ir 3 • Y 1 f 10 Ali V 4 f I *IS M u +, • { ■ • pip i • ^ 44 . 4 4 41 1.1 1, 44. 4.44 IF 1 i 1 , b APO ii, • 4 .4 41_ ,0„... 1 ...............za........wati. ! . J�3 Ao 1 . • Y Wei° IV 4* M y NW s St l / '' ,---- • -• -7.., , .1 , _ 4 . ...‘,....,.. ,..1 . .., . • .,.. ....„ ......._ _ Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 14, 2012 Chair Hay opened the Public Comment. No one coming forward, the Public Comment was closed. The motion passed unanimously. C. Update on Code Lien Foreclosure Matter on Luchey Property Located at 118 and 128 MLK Blvd. and Consideration of Offering Lender $140,000 to Purchase Both Properties Ms. Brooks explained this item was associated with a City Commission agenda item wherein the City moved to make an offer to the lender to acquire the property and the Community Redevelopment Agency would be the source of funds. The land, if acquired, would become part of the Sara Sims Park as contained in their master plan. Motion Vice Chair Orlove moved to approve. Mr. Karageorge seconded the motion that unanimously passed. There was brief discussion the property was adjacent to the Brandon property and this acquisition would be in addition to demolition and closing costs. Both Attorney Cherof and Tolces were commended for their work on this item. Vote The motion unanimously passed. D. Discussion of Expanding Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items Mr. Buchanan commented he thought this was already resolved at a prior meeting. The intent of the item was to disclose conflicts, contacts and relations for transparency purposes. It was important all would be cognizant and have confidence in the members, and that the members act with integrity. It was noted the disclosures would pertain to contacts with individuals regarding items on the agenda that would be voted on. There were no objections to operating under this method. E. Discussion of Lease Terms for the Ruth Jones Cottage Ms. Brooks explained this item arose from a discussion regarding the future tenant for this property and staff was requesting direction. The tenant would like to eventually purchase the property. The issue was what would happen if the FEC tracks were used for a commuter rail in the future. There would then be a greater public purpose for the property. 8 BOYNTO =BEAC CRA BOARD MEETING OF: June 12, 2012 Consent Agenda 1 X 1 Old Business ( 1 New Business 1 1 Public Hearing I 1 Other SUBJECT: Update on the Request to the PBCC for an Amendment to the Waterfront Easement Agreement at the Boynton Harbor Marina and Status of ongoing issues with Splashdown Divers, Inc. 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 assist Ms. Lynn Simmons d/b /a Splashdown Divers, Inc. with her desire to seek commercial space within the marina area (see Attachment I). At the May 15, 2012 meeting of the CRA Board, staff presented a list of available commercial units at Marina Village which might serve as relocation options for the Splashdown Dive Shop including Unit 108, formerly the Ice Cream Shop, which Ms. Simmons had indicated in previous meetings was a site she had a contract on. Subsequently, the space was sold to Ocean Management Services, LLC. The CRA Board directed staff to facilitate a meeting between the owner of the unit, Ocean Management Services, and Ms. Simmons to discuss a possible lease opportunity (see Attachment II). On May 21, 2012, Ms. Simmons and her husband met with the owner of Unit 108, George Zarcadoolas, his realtor Adolfo Castellano Jr. and Michael Simon. As a result of this meeting and subsequent correspondence and negotiations between all the parties involved, a copy the attached Letter of Intent (LOI) (see Attachment III) for the leasing of Unit 108 to Splashdown Divers, Inc. has been submitted to the CRA by Ocean Management Services. The following is a list of the key terms of the LOI as they relate to the CRA: • Rental Price & Term: $1,000 per month plus 5% of gross to Ocean Management Services for 60 months contingent on the CRA contributing funding for the monthly CAM portion (approx. $500.00). • Deposit Amount: A). First, Last & Security ($3,000.00). B). CAM amount for full lease term of 60 months (approx. $30,000.00). Despite the statements made by Ms. Simmons in a letter sent to the PBCC on May 22, 2012 (see Attachment IV), she has agreed to the general terms with Ocean Management Services as outlined above. Based on the direction given to the CRA by the PBCC, they would greatly support Splashdown Dive Shop returning to the marina area and members of the PBCC have stated that a commercial unit within Marina Village would be a supportable alternative. A lease between Ocean Management Services and Splashdown Dive Shop would seemingly satisfy their condition of approval for the CRA to T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012\Splashdown Divers Board Update and options.doc demolish the existing building and allow the Agency to move forward with Phase II of the Boynton Harbor Marina Redevelopment Project Under the terms of the existing Agreed Final Judgment (see Attachment V) between the CRA and Splashdown Divers. Inc. there is an outstanding balance of $13,934.00 in an unused slip rent credit and a balance of $35,393.93 in unused CRA commercial grant funding CRA staff is presenting the following Options or variation thereof for consideration by the Board: 1. Offer no further assistance to Splashdown Divers, Inc. in order to facilitate the contingent terms of the LOI as presented. 2. Offer to facilitate the contingent terms of the LOI by amending the existing CRA commercial grants to Splashdown Divers, Inc. in order to allow the balance of unused grant funding to be used for the First and Second Deposit as presented in the LOI. 3. Offer to facilitate the contingent terms of the LOI as presented by seeking an amendment to the Agreed Final Judgment with Splashdown Divers, Inc. in order to allow the balance of unused slip credit to be used as payment toward the First and Second Deposit as presented in the LOI. 4. Offer an amendment to the PBCC Waterfront Easement under which the "easement conditions - would be removed from the existing CRA owned retail building and placed on the fuel dock pad and future Harbor Master building. 5. Provide a lump sum disbursement to Splashdown Divers, Inc. for the balance of the unused commercial grant funding in the amount of $35,393.93, thereby satisfying the Agency's financial commitment under the terms of the approved commercial grants and Agreed Final Judgment and terminate any further involvement with Splashdown Divers. Inc. regarding this matter. CRA staff is seeking Board direction as to the level additional of assistance, if any, they are willing to provide to Splashdown Divers, Inc. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan_ Downtown Master Plan. Boynton Harbor Marina Master Redevelopment Plan RECOMMENDATIONS: Provide staff direction with regarding the level of additional assistance to provide to Ms. Snnmons in order to be relocated hack into the marina area is iael Simon Development Director T \nnFninAS C.C)NSPNT AGENDAS. MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board ATTACHMENT I PALM BEACH COUNT\ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 1, 2012 [ J Consent [X] Regular [ Ordinance [ J Public Hearing Department: Facilities Development & Operations I. 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 AA/1 and may be viewed in Minutes /_ , A-sk ,. _1A11 L' 1411.7)1 Fiscal Years 2012 2013 2014 2015 2016 Capital Expenditures Operating Costs 3rnal Revenues Program Income (County) In -Kind Match (County NET FISCAL IMPACT SP2- # 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: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments: } F /1` 1t , • , �` 1 1 )0. OFNtB ,�y x� Cpn act Dev ment and Con o1 -, • • ! �� j ` i S r i 2 �a,/�� /� ��P�� B. Legal Sufficiency: Aa 00. sist. my Attorney ( Other Department Review: Department Director ., u r * ; ' `, . � fit, H .... .. 1. ;,,:,...c -,..,%., "",,,,,-,,.',-.*'::"P 4 a .� . +, it 3 h. O , . I '0"1-'.'1‘.:9, ' '. M id r ' ■� j x = II 1 11 t .. i I —, — ) i a :: -- • f ',' 7 i _ . 1 !1,..,.,.:.,•,..;.f,4„..,4 t + +,r . ; :: � , „ � _ c� . Sj` i' ,.'rte . a, .' p . •I : f � „ it , I r _ "'"" _ ' �7 r5 i j > I � � �_ va i -i2. :/ 1 1 ;",-••-:-;, ° ( � ( 1 ,. 1. " D i o ,,• ! _ ! M a �' '. • f .... - le y .p + f 1 i . . _1_1_11; l ,Na z [ {� Ir— t'__l I { . � t I 1''3PC� t V , :, ' ` 1 ,, 1� •' ;Y- Y a •. -.;. : , .. 1 . f —_. l !' M 1. ', `2i ! "' ' 1 *.• z - tik�ka r i I i 4 u u" utP, , " r , ;s� I+ i E } Y ,T I 1 ,-,; ' ,.: , , ,,, i, , , ,7? ' I- -,� 3: t c `{ .7 ( � u t - y 4 ( I , R � fi 7 ' I 1 4 ); I I s I " " ^«r . 'c . i w w ` i : • 41i tkg; c iP ':' • .' I ' 1 ! t 3 x _ ■ ) �.cs:Vn59111ry I I �f I • ( ddyy,�,� II � S. r i • ' '.! I 11 ( L , I f` ' v , •r ` ' K ' M� (' s'i i 14 � 0i _ r ..9t •• 4, > "fir V {� .4s add • „ w' y � r> ; :. ( ^ a, �, ' Y.� 4 f -. ,�,/ • ,Z•~ r- a F - 1 ATTACHMENT II Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 B. Events Recap — April 2012 C. Rustic Retreat Commercial Facade Project Completion Mr. Karageorge mentioned that if anyone had not seen the finished product, it was a big improvement to Federal Highway. It was cleaner and neater and encouraged people to visit the site. D. Quarterly Update — Media Coverage Mr. Orlove commended Margee Walsh for the publicity received in the last two weeks. There had been positive publicity about several activities occurring in the CRA. He also inquired if she could count up the column inches received in publicity. He felt it would be good to show value added publicity received. E. Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not Exceeding $10,000 to Provide Developer Review and Market feasibility Analysis of the Lansing Melbourne Proposal for the Old High School Mr. Karageorge thanked Ms. Brooks for the firm selected. He was familiar with their work and expressed they were a quality firm. 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. XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project Mike Simon, CRA Development Director, advised this item was a brief summary of the outcome of the meeting that was held by the Palm Beach County Commission on May 1 The meeting included CRA's presentation of the demolition of the Dive Shop building and the moving forward with the permit - approved plan. It woud create a public space at the marina, with seating, lighting, landscape enhancements, and hardscape along with roadway improvements. Those in attendance, along with Mr. Simon, were Ms. Brooks, Attorney Cherof, Mr. Orlove and Chair Hay. Despite efforts, the County Commission voted to table approval or disapproval of the request to move forward with the project and support continued efforts by the CRA and staff to work with Ms. Simmons and the Dive Shop. It was identified that the Marina Village area, if not the Dive Shop, was a suitable and desirable location for Ms. Simmons. Mr. Simon advised 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 he attempted to speak to anyone who had an available unit within Marina Village and provided information on those units in a spreadsheet supplied to the Board. He described the available units and the unit Ms. Simmons was interested in. He advised staff was looking for direction from the Board whether to become involved in negotiations for Ms. Simmons. Mr. Karageorge opined that the unit being discussed was a very good deal and felt it was a good starting point. Since the Board was not involved at this point, Ms. Simmons could negotiate with the management company and he would encourage that. Chair Hay was in concurrence. Mr. Simon proceeded to describe the other units that were available along with their locations. Mr. Buchanan commented that this was an agreement between two private parties and did not feel there was a place for the Board to comment. Mr. Orlove commented that based on the meeting with the County, the County felt it was the Board's obligation to assist and felt it was also their obligation to assist, as well, as long as something comparable could be found. No discussion had taken place with Ms. Simmons yet, only with the landlord. There was discussion on the build -out grants and extensions. Mr. Buchanan inquired if Ms. Simmons had shown interest in moving to the location being discussed. Mr. Simon indicated the only interest shown was through her public statements. He added that the one of the goals of the CRA, despite the issues that are at hand, would be to redevelop the marina. The desire would have been for it to go smoother. Motion Mr. Buchanan moved to direct staff to conduct negotiations and to extend the two grants with a 30 day reporting period. Mr. Karageorge seconded the motion with discussion by Mr. Orlove. He inquired if it seemed like a reasonable option to Ms. Simmons. Lynn Simmons, Splashdown Divers, 640 E. Ocean Avenue, Unit 14, confirmed the rent amount of $1,900 and mentioned it was for less space than she had currently. She added it was a priority for her to be closer to the boat and if the building had to come down, which was another issue, she would certainly pursue anything closer to the boat. There being no further discussion, the motion was passed 7 -0. XIII. New Business: A. Discussion of Potential Dates for the CRA Budget Workshops Ms. Brooks requested direction for a date for the budget workshops. After discussion, it was decided to hold the Workshop on August 22, 2012 at Intercoastal Park. 6 ATTACHMENT III OCEAN MANAGEMENT SERVICES LLC. LETTER OF INTENT June 6, 2012 CIO Adolfo W. Castellano, Licensed Real Estate Agent Regency Realty Services Boca Raton, Florida 33431 Re: Leasing 100 N.E. 6th Street, Unit 108 Boynton Beach, Florida 33435(the "Property"). Dear Mr. Castellano, Please present this Letter of Intent to the potential tenant of the subject property. This Letter of Intent shall outline the general terms and conditions pursuant to which Ocean Management Services L.L.C. (as "Landlord ") and _Lynn Simmons D.B.A. The Dive Shop_ (as "tenant ") would be interested in the entering into an Agreement for the commercial leasing of the subject Property. This Letter of Intent is non - binding and preliminary in nature and reflects only the major points to be included in said Agreement ( the "Agreement "). As soon as Landlord and Tenant agree to the subject major terms, The landlord will immediately prepare the Agreement for review and execution by both parties. 1. THE PROPERTY. As described above. 2. RENTAL PRICE & TERM: $1000.00 per month and 5% of the gross for 60 months contingent on the CAM being paid(subsidized) by Boynton Beach C.R.A for said term of the lease agreement. 3. INTENDED USE: Commercial use 4. DEPOSITS: A) First Deposit: $3,000 rent (First, last, and security)due upon the full execution by Landlord and Tenant of the Agreement. Second Deposit: Cam amount for lease term due upon the execution of the lease. 5. GOVERNMENT APPROVAL CONTINGENCY. Official and final approval of payment of C.A.M to Marina Village for subject property. Page 1 of 2 OCEAN MANAGEMENT SERVICES LLC 6. NATURE OF THIS LETTER OF INTENT. This Letter of Intent is a non - binding expression of interest. It is understood and agreed that neither Landlord or Tenant shall be legally bound to the other unless and until the terms and conditions relating to this transaction are negotiated and incorporated into an Agreement, and signed by both Landlord and Tenant. Sincerely, AGREED TO AND ACCEPTED this _ day of . 2012 Landlord: Ocean Management Services L.L.0 Tenant Lynn Simmons Page 2 01 _ ATTACHMENT IV SPLASHDOWN DIVERS. INC. ti ✓ 'h . .0-2(> "� 640E OCEAN AVE #14 BOYNTON BEACH, EL 33435 Palm Beach County Board of County Commissions 301 North Olive Avenue West Palm Beach, FL 33401 Dear Commissioners, May 22, 2012 This is to keep you informed of the progress being made to achieve your directives of May 1, 2012 to the Boynton Beach CRA regarding relocating the dive shop that has been displaced from the working marina in the city of Boynton Beach. As is well known by now, this marina is and has been under the protection of Palm Beach County through an easement bought in 2006 oy the County from the Boynton Beach CRA for two million dollars The easement restricts the CRA in the scope that they may use and not cnange the existing manna and uses that were present (and promised) at the time of the ag- eement The language is clear to any reasonable person that the marina, the structure and the use could not be changed. Period. There is no option of "getting permission" to change or waive the condition of the resolution It in fact clearly states that "ALL resolutions contrary to the resolution arF repealed You have made it clear in at least two public meetings that you want what you paid for You gave public money to achieve a specific purpose The CRA took that public money for THAT specific purpose Redefining that purpose should not be facilitated by ANY government agency without mitigation When a coral reef or a protected species like mangroves are damaged or destroyed, mitigation is required COMPLETE RESTORATION OR REPLACEMENT is required If you allow almost 3,000 square feet of valuable commercial space to disappear, an equal amount of commercial space must be provided Thi lost use must also be replaced You gave the CRA an opportunity to fix what they have already done. Michael Simon of the CRA negotiated a meeting on 5/21/2012 with the owner and real estate agent for a small commercial space within Manna Village Condominium to discuss the possibilities of relocating the dive shop back into the generalmarina area The owner of Splashdown Divers was also present. This space is much less than the current space which is now being used by Splashdown (1030sq ft vs 1,800 sq ft ) It is twice the r ental rate and is also less than the space which had been provided in the building which is scheduled to be demolished. It is insufficient to provide the level of service needed to qualify as a tull service dive shop within the manna nor is it even in the protected parcel A dive shop had been present for over 2 ' years at the time that the easement was negotiated and up to the eviction of Splashdown Divers. The only way to make this space work for Splashdown would be to reduce the services available in the marina location and retain the current space at Ocean Plaza for the classrooms, offices, and repair station. Not to mention the rescued parrots which have been a very big attraction for the tourists There is not room for their cages and the landlord prefers not to have them on site. This option would involve maintaining two leases and all associated costs. Very difficult but with enough financial help, it could be a solution for Splashdown. It would not satisfy the requirements of the Easement. At the last CRA Board meeting, Mr. Simon told the board that he had contacted the owner of a much larger commercial unit and that due to an A/C problem, the unit was not usable and that the owner wanted to open a spa in the space, therefore it was not really available. I have since talked with this owner and this is not exactly the information which she gave me. We have a meeting scheduled this coming Saturday to discuss possible solutions that might satisfy all parties. Yes, she would prefer to sell but for a very high price. I can afford to pay the payments but I cannot qualify for a conventional loan My credit has been destroyed due to the financial damages caused by this situation with the CRA. If one or more of the other parties would offer to help achieve this purchase, a true "mitigation" could be accomplished it is with this in mind, 1 am requesting a meeting with any or all of you individually to discuss the progress and possibilities. Sincerely, Y, , - e - - - - - - - - 4 . - - — - - - Lynn A Simmons, Pres dent Splashdown Divers, Inc. (561) 736 -0712 P S. As another piece of information, our primary vendor, Scubapro, has removed our dealership "due to the loss of the specific location ". This is the verbal reason given by the Sales Representative and his supervisor. Before this happened, I had been made aware of attempts by the CRA to solicit other wealthier dive business owners to open a dive shop in the marina building. The day the Rep told me I was losing the dealership, he just happened to be having lunch at the little pizza restaurant next door to our new shop location with the new owner of a Boca Raton dive shop and a Pompano beach dive store He lives in north Florida and the other man is located two towns south of me. Just happened to be in the neighborhood ? ?? P P S. Please remember that this demolition issue was not disclosed to you OR the public by the CRA They had no intentions of requesting your permission or even advising you of the impending changes They certainly were aware of the limiting document as they were the originating entity and they signed and accepted the conditions. They also withheld the document in our previous lawsuit when it should have been disclosed in "discovery" This issue could have been settled by you two years ago Now yoi, are being asked to uphold and enforce your original agreement to ensure that the originally ntendeo working manna is retained The best way to do that is to keep the old building and renovate it If not mitigation should be encouraged. Please do the right thing. Has anyone answered the question as tic why it is so important to tear down the building, costing more than half a million dollars above what it will cost to renovate it? Cc Commissioner Shelly Vana Commissioner Karen Marcus Commissioner Jesse Santa Maria Commissioner Steven Abrams Commissioner Burt Aaronson Commissioner Paulette Burdick Commissioner Priscilla Taylor Boynton Beach CRA C ty of Boynton Beach ATTACHMENT V IN THE CIRCUIT COURT OF THE 15 JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502010CA012453XXXXMB(AB) SPLASHDOWN DIVERS, INC., Plaintiff, 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 ORDERED AND ADJUDGED that 1. The Joint Stipulation is APPROVED. 2. Defendant, BOYNTON BEACH COMMUNITY 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 Marina. 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 Marina. Nothing herein shall limit the CRA from exercising its rights in the event of a breach of the slip lease terms and conditions by Splashdown. 3. Defendant, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, shall provide Plaintiff, SPLASHDOWN DIVERS,' INC., 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 n_ _ 1 .l7 lease. Early termination, assignment, or transfer of the slip lease, or any other occurrence which results in 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 COMMUNITY REDEVELOPMENT 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 programs which are Mot required by 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 -- DIVERS; — INC.; arising - from any current or discussions,— oral - agreements,— written - agreements, —or 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 Boynton Harbor Marina, Page 2 of 3 CASE NO.: 502010CA012453XXXXMB(AB) and are therefbre not transferable or assignable. However, as specified in Paragraph 6 of SPLASHDOWN DIVERS, ENC.'S current slip lease, the 7 -year slip lease is valid only for the vessel owned by SPLASHDOWN INNERS, 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. If 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 benefits specified in this Agreed Final Judgment. 9. This case, case number 502010CA012453XXXXMB, is hereby dismissed. The tenant eviction action pending in County Court, case number 502011CC013666)000MB, will be dismissed. 10. Each party shall bear its respective .attorney fees and costs. 11. The Court retains jurisdiction to enforce the terms of the Joint Stipulation for Entry of Agreed Final Judgment and this Agreed Final Judgment. DONE AND ORDERED in Chambers, West Palm Beach, Palm Beach County, Florida, this SID E* AND 4 rtf , day of September, 2011. SEP 2 �� f . JUDGE DONALD Iry Hari Hon. Donald Hafele Circuit Court Judge Copies Furnished To: Shana H. Bridgeman, Esq., Goren, Cherof, Doody & Ezrol, 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 33431 JAC /SHB H:\2010 \100357\PLEADINGS\Agreed Final Judgment v4 (Second Sarldn comments).doc PaaP of ,,,,.a� { —cam, BOYNTON =BEACH I CRA BOARD MEETING OF: June 12, 2012 Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Review and Recommendation of Responses to Merchant Services RFP SUMMARY: At the April 10, 2012 meeting, the CRA Board approved the issuance of a Request for Proposals for Merchant Card Processing Services for the Boynton Harbor Marina fuel purchases. The RFP was issued on April 11, 2012 and a total of six (6) Addendums were issued (Attachment #1 - RFP and Addendums). The Evaluation Committee consisted of Vivian Brooks, Susan Harris, Mike Simon, Vicki Hill and Brian Smith of Waypoint Marine. The current vendor for credit card purchases is SunTrust Merchant Services. As background, when the account was established in February 2007, the discount rate (rate charged by the card processor) was 1.90% for qualified transactions (regular consumer credit card), and 2.65% for non - qualified transactions (reward cards, non - swiped transactions, business or corporate cards, international banks). This rate has increased to 3.49% for qualified transactions and 3.80% for non - qualified transactions. Since almost 60% of the credit card transactions processed at the Marina are non - qualified, the average rates for all credit card processing trend higher (Attachment #2 - Summary of FY 2010 -2011 & FY 2011 -2012 YTD Merchant Fees for Marina Fuel Sales). At the close of the RFP submission deadline of May 31, 2012, the CRA received seven (7) submissions. Two respondents did not comply with various of the RFP requirements, specifically experience, references and required supplemental forms and subsequently were not evaluated by the Committee. Proposals were received from: Ace Merchant Processing, BB &T, Electronic Cash Systems, SunTrust, U.S. Bank, JPM Chase Bank (non - compliant) and Petroleum Card Services (non - compliant). For those submissions that met RFP response requirements, the committee evaluated and ranked on the criteria specified in the attached summary of all respondent scores in the areas of (1) accuracy and clarity of response — 10 points, (2) methodology and approach — 20 points, (3) experience, qualifications and references — 30 points, and (4) fees and expenses — 40 points. Attachment #3 is the summary of all rankings as well as the fee schedules provided by the respondents reviewed by the Evaluation Committee. The full submissions for all respondents are available in the CRA office of the Finance Director for review. T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 20121Merhant Services RFP - Recommendations doc Based on Committees evaluations, BB & "I ranked higher in tour Brut of six categories ,t, compared 1k -ht other RFP respondents. and BB &T fees compare favorably to current rates as follow• VISA, MasterCard, and Discover - Qualified Rate Current Vendor - 3 49% (Feb. 2007 rate = 1 90 %) BB %T — 1.89% VISA, MasterCard and Discover - Non - Qualified Rate Current Vendor — 3.80% (Feb 2007 rate = 2.65 %) BB &T — 2.49% Other RFP respondents based fees on a different pricing structure, "interchange plus," and while all fees submitted were competitive in nature with variations in different aspects of pricing, all RFP critena factors considered by the Evaluation Committee resulted in the highest scoring for BB &T Based on the findings as set forth above, staff is recommending the CRA Board consider selection of BB &T as the merchant card processing provider for the CRA and authorize staff to begin contract negotiations. FISCAL IMPACT: Reduction of merchant card processing fees in General Fund. line item 01- 51630 -242 CRA PLAN, PROGRAM OR PROJECT: All CRA Plans RECOMMENDATIONS: Consider and select BB &T as the credit card processing vendor for the CRA and authorize staff to begin contract negotiations. In addition, m the event contract negotiations fail with BB &T, authorize staff to go to the second ranked respondent, U.S. Bank and begin contract negotiations. /"� 10...e_e_t2....... Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings\June 2012 \Merhant Services RFP - Recommendations doc ATTAC T #1 RFP MERCHANT CARD PROCE � ^- RVICES & q BOYNTON A iniaBEACH BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSAL MERCHANT CARD PROCESSING SERVICES RFP Issue Date: APRIL 11, 2012 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SUSAN HARRIS, FINANCE DIRECTOR 710 N. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 PHONE 561 - 737 -3256 REQUEST FOR PROPOSAL FOR MERCHANT CARD PROCESSING SERVICES TABLE OF CONTENTS PART: Page A. PUBLIC NOTICE 1 B. SCOPE OF PROPOSAL 2 C. PROPOSAL MINIMUM RESPONSE REQUIREMENTS 4 D. EVALUATION METHOD OF PROPOSALS 6 E. GENERAL TERMS AND CONDITIONS 7 F. REQUIRED SUPPLEMENTAL FORMS: - 13 a. Proposer's Contact Information b. Non Collusion Affidavit Form c. Proposer's Certification d. Drug -Free Workplace Form e. Sworn Statement on Public Entity Crimes f. Hold Harmless and Indemnity Agreement g. Addenda Acknowledgment Form PART A PUBLIC NOTICE REQUEST FOR PROPOSAL Merchant Card Processing Services Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 The Boynton Beach Community Redevelopment Agency will receive Sealed RFP submittals up to 3:00 p.m. on May 31, 2012 at their office, FINANCE DEPARTMENT, ATTN: Susan Harris, Finance Director, 710 North Federal Highway, Boynton Beach, FL 33435 for the following: REQUEST FOR PROPOSAL Merchant Card Processing Services The Boynton Beach Community Redevelopment Agency (CRA) is accepting proposals from qualified credit card processing companies to become the CRA's merchant card service provider. The CRA seeks to establish contractual arrangements with one qualified firm for a three (3) year period, with options for two (2) additional one (1) year renewals to provide Merchant Credit Card Processing Services RFP Submittals must be addressed as follows for both Mail and Hand Deliveries: Boynton Beach Community Redevelopment Agency Attn: Susan Harris, Finance Director 710 North Federal Highway Boynton Beach, FL 33435 Copies of the RFP may be obtained from Susan Harris, Finance Director, Boynton Beach Community Redevelopment Agency, 710 North Federal Highway, Boynton Beach, FL 33435 email HarrisSu@bbfLus or from the wwvv boyrrtonbeacr,c< Lor Please be sure to include your company's name, address and phone number, as well as the RFP name on the envelope RFP submittals received at any other location, except for the location listed above, will not be accepted and returned to the sender unopened. RFP submittals received after 3:00 p m on May 31 2012 will be returned to the sender unopened FAX or electronic submittals will not be accepted The Board of the CRA reserves the right to accept or reject any or all submittals, or any part thereof, with or without cause, to waive technicalities, or to accept the submittal which, in its judgment, best serves the interest of the CRA. 1 PART B Scope of Proposal A. BACKGROUND The Boynton Beach Community Redevelopment Agency (CRA) is a component unit of the City of Boynton Beach, established by the City of Boynton Beach, Florida under the authority granted by Florida Statutes 163, Section III. The purpose of the CRA is to promote and guide physical and economic redevelopment in the City and part of Palm Beach County, Florida (the "District "). The CRA is a legally separate entity established by Ordinance number 83 -41 of the City on December 20, 1983. Under its legal authority, the CRA owns and operates the Boynton Harbor Marina (Marina). Currently the Marina is under management by a marina management company whom is responsible for the oversight and the operations of the Marina and handles all day to day sales and collections. Under its current operations for the fiscal year ending 2011, the CRA processed an estimated $1 million in credit cards transactions for fuel sales and other sundry items. B. SCOPE OF PROPOSAL The Boynton Beach Community Redevelopment Agency is requesting proposals from qualified credit card processing companies to become the CRA's merchant card service provider. The objective of this Request for Proposal is to identify the credit card processing company that will provide the highest quality service for the best value. The initial term of the services to be provided shall be for a period of three (3) years, subject to being renewed for two (2) additional one (1) year periods. C. SERVICES TO BE PROVIDED • Provide a competitively based discount for the processing of all four major credit cards: Visa, MasterCard, Discover, American Express and e- check. • The service shall allow the CRA to authenticate the cardholder and use the card's magnetic stripe to authenticate the cardholder and use the card's magnetic stripe to authorize and capture the transaction. • Provide payment, settlement and refunding services. • Provide a customer receipt that has only the last four (4) digits of the credit card number and does not show the expiration date. • Deposit payments in the CRA's bank account by merchant ID. • Provide online daily transaction and account reconciliation reports by major credit card. • Application must be compatible with CRA's present equipment and software, or provide equipment and software alternative. D. TECHNICAL REQUIREMENTS The Boynton Beach Community Redevelopment Agency currently uses point -of -sale credit card terminals, at its Boynton Harbor Marina location. -2- E. MINIMUM EXPERIENCE AND PERFORMANCE REQUIREMENTS The Proposer shall: • Be a company with at least five (5) years experience processing credit card payment records transmitted for processing and settlement from major credit / debit card processing networks • Be licensed to conduct business in the State of Florida for a period of not less than four (4) years • Be compliant with all Payment Card Industry (PCI) security standards as established by the Payment Card Industry Standards Council. • Be compliant and adhere to the Red Flag Rules according to the Fair and Accurate Credit Transactions (FACT) Act of 2003. • Demonstrate to the satisfaction of the CRA that the Proposer has adequate financial resources, experienced personnel, and expertise to perform the required services. No contract shall be awarded to any Proposer who lacks adequate experience or has an unsatisfactory performance record. • Provide seven (7) days per week technical support utilizing a customer service phone number • Provide contact for coordination of all activities related to this contract, including adding new locations, problem resolution (settlement, billing, reporting, etc.), new technologies, etc. • Provide daily settlement of merchant accounts. • Make timely deposits, within 24 -48 hours after settlement, into the CRA's depository bank. • Proved on -line resource for retrieving, reviewing, printing and or downloading transactions and settlement data. • Must have the ability to provide multiple user access to on -line reporting. F. GENERAL REQUIREMENTS • The successful contactor shall notify the CRA in writing within ten (10) business days of any changes in Federal or State regulations that would thereafter affect this merchant credit card services contract • The merchant service provider shall notify the CRA of any new services that become available to the CRA throughout the contract period. • The merchant card service provider shall provide a copy of the Operating Rules relevant to the services in this request for proposal • All charge backs shall be communicated to predetermined Boynton Beach Community Redevelopment Agency staff and a vendor contact person should be provided to resolve any charge back issues • The merchant card service provider's records relating to the Boynton Beach Community Redevelopment Agency accounts shall be open to review by either CRA staff members or appointed independent auditors during normal business hours. • The merchant card service provider shall provide a copy of their latest financial statement on an annual basis for the complete life of the contract G. INSURANCE REQUIREMENTS • COMMERCIAL GENERAL LIABILITY — OCCURRENCE FORM REQUIRED: Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this 3 location /project in the amount of $1,000,000. Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground exposures, personal injury and advertising injury. If possible, Contractor shall provide Cyber Liability, or at the minimum, Computer Crime Coverage, at limits sufficient to cover the estimated total business transacted. PART C Proposal Response Requirements A. PROPOSAL PROCEDURES The proposal must be submitted in a sealed envelope bearing the title "Boynton Beach Community Redevelopment Agency, Merchant Card Processing Services" and "Request for Proposal" along with the name and address of the vendor. The vendor shall submit five (5) COMPLETE SETS, one [1] original, four [4] copies, and also one (1) digital copy in PDF format on CD /DVD or thumb drive. The envelope shall be delivered to Susan Harris, Finance Department, 710 North Federal Highway, Boynton Beach, FL 33435, no later than 3:00 p.m. on Mav 31. 2012. Proposers may submit IN WRITING, questions to the CRA by and no later than May 11, 2012 in order to clarify any matters related to this RFP. The questions and the CRA's response shall be provided via email to all respondents and posted through an addendum posted on the CRA's website. Answers to questions will be provided no later than 5:00 pm, May 18, 2012. All inquiries shall be directed to: Susan Harris, Finance Department, via Fax at (561) 737 -3258 or email to HarrisSu@bbfl.us. It is the responsibility of the Proposer to verify that the CRA has received the question(s) and to obtain all Addenda. Oral statements given before the Proposal Due Date will not be binding. B. REQUIRED INFORMATION The Proposer(s) warrants its response to this Request for Proposals (RFP) to be fully disclosed and correct. The firm must submit a Proposal complying with this RFP, and the information, documents and material submitted in the Proposal must be complete and accurate in all material aspects. All Proposals must contain direct responses to the following questions or requests for information and be organized so that specific questions being responded to are readily identifiable. The following information shall be included in the proposal: A. Transmittal Letter A transmittal letter signed by an official authorized to solicit business and enter into contracts for the firm. The transmittal letter should include the name, telephone number and email of a contact person if different from the signator. The letter should indicate that the proposals are firm offers to enter into a contract to perform work related to this RFP for a period of one hundred twenty (120) days from proposal submission due date. -4- B. Qualifications and Experience Provide a description of the proposer's qualifications. The description shall be sufficiently detailed for the CRA to determine whether your firm is in compliance with the qualifications C. References At minimum provide the names, addresses, telephone numbers and contact information of at least three (3) references; at least two (2) from government sector clients is preferred. D. Fee Schedule Provide a merchant service fee schedule based on the activity and volume as described above, including the following: • Application Fee • Monthly Maintenance • Monthly Discount Minimum • Annual Fees • Chargeback Fee • Authorization Fee • Credit Card Processing Equipment • Training related costs (if any) • Payment Card Industry (PCI) charges • And any other fees incurred The fees and charges presented in this proposal shall remain firm for the entire initial term (3 years) of the contract with the following exceptions that shall be adjusted to reflect: • Increases or decreases in all applicable rates, fees, and assessments established and levied by MasterCard, VISA, Discover and American Express against all merchant service providers. • Increases in applicable taxes levied by any State, Federal, or Local authority related to the delivery of the services provided by the merchant services provider. The merchant service provider shall notify the Boynton Beach Community Redevelopment Agency thirty (30) days prior to the effective date of any change of the non - guaranteed conditions, exclusions or service fee increases or decreases. Fees not identified by the vendor in their original proposal shall not be considered at any time during the remaining tenure of the contract. This section shall also include a copy of Current Visa / MasterCard interchange rates E. Required Forms The following forms are required with Proposers submittal. Proposals not including the following forms will be rejected and considered non - responsive. Forms can be downloaded in the Required Submittal Packet attached to the solicitation documents. • Proposer's Contact Information Form (Located in Required Submittal Packet) • Hold Harmless and Indemnity Agreement (Located in Required Submittal Packet) • Non Collusion Affidavit Form (Located in Required Submittal Packet) 5 • Proposer's Certification (Located in Required Submittal Packet) • Drug -Free Work Place Form (Located in Required Submittal Packet) • Florida Statutes on Public Entity Crimes (Located in Required Submittal Packet) • Addenda Acknowledgment Form: Any and all issued addenda regarding this solicitation, signed and dated. PART D Evaluation Method of Proposals The sole objective of this evaluation is to select the processor whose proposal is most responsive to the Boynton Beach Community Redevelopment Agency's needs for a credit card processor. The Board of the CRA shall award the Proposer who submits a proposal that is most advantageous and represents the best value to the CRA. In determining the most advantageous proposal, the CRA reserves the right to consider criteria, such as, but not limited to, cost, customer service, quality, experience, technology, references, service reputation and service capability. A. EVALUATION METHOD AND CRITERIA Proposal packages will be reviewed by an Evaluation Committee. Upon receipt and evaluation of the proposals, the Evaluation Committee rankings will be submitted to the Board of the CRA whom will be responsible for final selection. Prior to submittal to the CRA Board, the Proposers may be asked to make a detailed presentation of their product / service to the Evaluation Committee. Proposal packages will be reviewed and evaluated in accordance with the following criteria: 1. Accuracy and Clarity of Response (0 —10 points) This refers to the adherence by the Proposer and the submittal of all required forms, and requests within the proposal and all conditions and requirements of this Request for Proposal. 2. Methodology and Approach of Services to be Provided (0 — 20 points) This refers to the exact type and nature of the respondent's services as well as the ability to respond rapidly to the CRA's needs and the proposer's ability to demonstrate its understanding of the work to be performed. 3. Respondents Experience, Qualifications and References (0 — 30 points) Respondent's capability to perform the credit card processing with an emphasis on government entities and satisfactory reference verification including financial capability of the vendor. 4. Cost Effectiveness (0 — 40 points) Total cost to the Boynton Beach Community Redevelopment Agency including all processing costs and any additional hardware and software costs. This refers as to the fees and charges of the Proposer. Please note that price is only one factor for consideration of the award. -6- B. OTHER INFORMATION The CRA reserves the right to request additional information or to meet with vendors to discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation The Board of the CRA reserves the right to reject any and all proposals. The CRA reserves the right to accept or reject in part or in whole any proposal submitted, and to waive any technicalities or informalities for the best interest of the CRA The CRA reserves the right to award based upon individual line items, sections or total proposal. The CRA may also accept or reject any of the alternates that may be set forth in a proposal. The CRA may reject the proposal of a vendor who is not, in the opinion of the CRA, in a position to satisfactorily perform the contract. The CRA reserves the right to reject any proposal if the evidence submitted by, or investigation of, such vendor fails to satisfy that such vendor is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, PART E General Terms and Conditions CONE OF SILENCE: All prospective Applicants (Proposers) are hereby instructed not to contact any Board member of the Boynton Beach Community Redevelopment Agency, Boynton Beach City Commission, or Boynton Beach Community Redevelopment Agency staff members other than the noted contact person regarding this Request for Proposals (RFP) or their proposal at any time during the solicitation process. Any such contact shall be cause for rejection of your RFP submittal. PROPOSAL SUBMISSION AND WITHDRAWAL: RFP submittals shall be received at the Boynton Beach Community Redevelopment Agency on or before May 31, 2012 at 3:00 p.m. at the above address provided on page 1 of the RFP. Submittals sent to any other location shall not be accepted. Proposals shall not be submitted to the City of Boynton Beach. The outside of the envelope /container must be identified with the RFP title as stated above. The envelope /container must also include the Proposer's name and return address. Receipt of the RFP submittal after the time and date specified due to failure by the Proposer to provide the above information on the outside of the envelope /container shall result in the rejection of the RFP submittal DELAYS: The CRA, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the CRA to do so. The CRA will notify Proposers of all changes in scheduled due dates by posting the notification in the form of addenda via e -mail and website. RFP submittals received at another location, other than the location noted above, or received after the specified time and date shall be returned unopened. The time and date will be scrupulously observed. The CRA shall not be responsible for late deliveries or delayed mail. The time /date stamp located on -site shall serve as the official authority to determine lateness of any RFP submittal 7 The CRA cautions Proposers to assure actual delivery of mailed or hand - delivered RFP submittals prior to the deadline set for receiving RFP submittals. Telephone confirmation of timely receipt of the RFP submittal may be made by calling (561) 737 -3256 Ext. 203, before the 3:00 p.m. deadline. Proposers shall submit five (5) COMPLETE SETS of the RFP submittal, one [1] original, four [4] copies, and also one (1) digital copy in PDF format on CD /DVD or thumb drive, with all supporting documentation in a sealed envelope as noted above. The Proposer may submit the RFP submittal in person or by mail. It is the responsibility of the Proposer to verify that the RFP submission is received by the CRA by the deadline date and time. Proposers may withdraw their RFP submittals by notifying the CRA in writing at any time prior to the time set for the RFP deadline. Proposers may withdraw their RFP submittals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the RFP submittal. RFP submittals, once opened, become the property of the CRA and will not be returned to the Proposers. No additional information may be submitted, or follow -up made, by any Proposer after the stated due date, outside of a formal presentation to the Evaluation committee, if requested by the CRA, and unless requested by the CRA. At the time of opening and immediate review of the RFP submittals, the CRA reserves the right to request all required forms /attachments that may have not been submitted at the time of submittal. The respondent shall have twenty four (24) hours to supply this information to the CRA for their RFP submittal to be considered valid. INQUIRIES / INTERPRETATIONS: All proposers shall carefully examine the RFP documents. Proposers may submit IN WRITING, questions to the CRA concerning the intent, meaning and interpretations of the RFP documents, by and no later than May 11, 2012 in order to clarify any matters related to this RFP. The questions and the CRA's response shall be provided via email to all respondents and posted through an addendum posted on the CRA's website. Answers to questions will be provided no later than 5:00 pm, May 18, 2012. All inquiries shall be directed to: Susan Harris, Finance Department, via Fax at (561) 737 -3258 or email to HarrisSu@bbfl.us. It is the responsibility of the Proposer to verify that the CRA has received the question(s) and to obtain all Addenda. Oral statements given before the Proposal Due Date will not be binding. ADDENDA: Should revisions to the RFP documents become necessary; the CRA shall post addenda information on the CRA website at www.boyntonbeachcra.com. All Proposers should check the CRA's website at least forty -eight (48) hours before the date fixed to verify information regarding Addenda. Failure to do so could result in rejection of the RFP submittal as unresponsive. Proposer shall sign, date and return all addenda with their RFP submittal. It is the sole responsibility of the Proposer to ensure he /she obtains information related to Addenda. SELECTION PROCESS AND AWARD: All RFP submittals will be evaluated by CRA staff in accordance with the criteria set forth in the RFP documents. The CRA may conduct interviews /presentations as -8- part of the evaluation process The CRA shall not be liable for any costs incurred by the Proposer connection with such presentations. The CRA anticipates award to the Proposer(s) who submits the RFP submittal judged by the CRA to be the most advantageous and offers the best value to the CRA The Proposer(s) understands that this RFP does not constitute an agreement or a contract with the Proposer. The Board of the CRA reserves the right to reject all RFP submittals, to waive any formalities, and to solicit and re- advertise for new RFP submittals, or to abandon the project in its entirety. OFFER OF CONTRACT: Upon selection of the successful Proposer by the CRA Board of Directors, the CRA will extend to said Proposer an offer to enter into a Merchant Processing Agreement (Contract). The Merchant Processing Agreement will be provided to the CRA by the successful Proposer The terms and conditions of the Contract are subject to negotiation, but shall not deviate from the selected Proposer's Fee Schedule and other required information as outlined in the RFP PREPARATION COSTS: Neither the CRA nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their RFP submittals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP ACCURACY OF RFP SUBMITTAL INFORMATION: Any Proposer that submits in his /her RFP submittal to the CRA any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration INSURANCE: Misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the RFP submittal and rescission of any ensuing contract. Copy of the insurance certificate shall be furnished to the CRA prior to final execution of the contract. LICENSES: Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of RFP. Should the Proposer not be fully licensed and certified, his /her RFP submittal shall be rejected. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, City, etc are the responsibility of the Proposer. PUBLIC RECORDS: Pursuant to Section 119.071(1)(b)(2), Florida Statutes, upon recommendation of an award, or thirty (30) days after receiving the proposals, whichever is earlier, RFP submittals become "public records" and shall be subject to public disclosure with Chapter 119, Honda Statutes. Proposers must invoke any specific exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary PROHIBITION AGAINST CONTINGENT FEES: The Proposer warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure this Agreement and that the Proposer has not paid, or agreed to pay, any person 9 company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate this Agreement at its sole discretion, without liability, and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ACCEPTANCE / REJECTION: The Board of the CRA reserves the right to accept or reject any or all RFP submittals and to make the award to those Proposers, who in the opinion of the CRA will be in the best interest of and /or the most advantageous to the CRA. The CRA also reserves the right to reject the RFP submittal of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the CRA's opinion, is not in a position to perform properly under this award. The CRA reserves the right to waive any irregularities, informalities, and technicalities and may at its discretion, request a re- procurement. ADDITIONAL TERMS AND CONDITIONS: Unless expressly accepted by the CRA, the following conditions shall apply: No additional terms and conditions included with the RFP submittal shall be considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and /or any special conditions in these RFP Documents are the only conditions applicable to this RFP submittal and the Proposer's authorized signature on the Proposal Response Form attests to this. Exceptions to the terms and conditions will not be accepted. AFFIRMATION: By submission of an RFP submittal, Proposer affirms that his /her RFP submittal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all conditions of this Request for Proposal and the resulting contract. MISTAKES IN PROPOSAL: Proposers are expected to examine the terms and conditions, specifications, delivery schedule, prices, extensions and all instructions pertaining to supplies and services. FAILURE TO DO SO WILL BE AT PROPOSER'S RISK. In the event of extension error(s), the unit price will prevail and the Proposer's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the event of addition errors(s), the unit price, and extension thereof, will prevail and the Proposer's total offer will be corrected accordingly. RFP submittals having erasures or corrections must be initialed in ink by the Proposer. REJECTION OF PROPOSER: More than one RFP submittal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. Reasonable grounds for believing that a Proposer is involved in more than one RFP submittal will be cause for rejection of all RFP submittals in which such Proposers are believed to be involved. Any or all RFP submittals will be rejected if there is reason to believe that collusion exists between Proposers. RFP submittals in which the prices obviously are unbalanced will be subject to rejection. - 10 - CONFLICT OF INTEREST: All Proposers must disclose with their proposal the name of any office director, or Agent who is also an employee of the CRA. All Proposers must disclose the name of any CRA employee who owns, directly or indirectly, an interest of five percent (5 %) or more n the Proposer's firm or any of its branches GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing Agent at once, indicating in his /her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The CRA reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the CRA. PATENTS AND COPYRIGHTS: The Proposer, without exemption, shall indemnify and hold harmless, the CRA, its employees and /or any of its Board Members from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or item manufactured by the Proposer Further, if such a claim is made, or is pending, the Proposer may, at its option and expense, procure for the CRA the right to use, replace or modify the item to render it non - infringing. If none of the alternatives are reasonably available, the CRA agrees to return the article on request to the Proposer and receive reimbursement. If the Proposer used any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the RFP submittal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work ADVERTISING: In submitting a proposal, Proposer agrees not to use the results as a part of any commercial advertising, without the express written approval, by the appropriate level of authority within the CRA. AWARD TERM: The Boynton Beach Community Redevelopment Agency is requesting proposals from qualified contractors to provide items and services listed at firm fixed prices on an as needed basis for an initial period of three (3) years, renewable for two (2) additional one (1) year periods. Both the CRA and the vendor must mutually agree upon renewals in writing. Rates quoted will be for the initial term (first three years), and will not be changed based on the guidelines outlined in this bid (See section on Price Re- determination) PRICE REDETERMINATION: The Contractor may petition CRA for price redetermination within forty - five (45) days of the expiration of each term of the contract. Any price redetermination will include all items awarded. If the CRA and the Contractor cannot agree on any price redetermination, then the contract will expire TAXES: The CRA is exempt from Federal Excise and State Sales Taxes on direct purchases of tangible personal property. If requested, the CRA Finance Director will provide an exemption certificate to the awarded proposal(s). Vendors /contractors doing business with the CRA shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CRA nor shall any Vendor /Contractor be authorized to use the CRA's Tax Exemption Number in securing such materials. 11 DISCOUNTS: Cash discounts for prompt payment shall not be considered in determining the lowest net cost for Proposal evaluation purposes. PERMITS / LICENSES / FEES: Any permits, licenses, or fees required for these services shall be paid for and obtained by the Contractor and the responsibility of the Contractor. No separate or additional payment will be made by the CRA. EEO STATEMENT: The CRA is committed to assuring equal opportunity in the award of contracts, and, therefore complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, age or sex. H \2007 \070473 BBCRA \Credit Card Processing RFP Document - Draft 04 -02 -12 doc - 12 - BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Merchant Card Processing Services Required Supplemental Forms 13 PROPOSER'S CONTACT INFORMATION Company) Name FEIN or SS Number Mailing Address Street Address City, State, Zip City, State, Zip Type of Entity (Circle one) I hereby certify that this proposal is made without prior understanding agreement, or connection with any Corporation Partnership Proprietorship corporation, firm or person submitting a proposal for the Joint Venture same materials, supplies or equipment, and is in all respects fair and without collusion or fraud I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the Proposer. X Authorized Signature (Manual) Incorporated in the State of Year Typed or Printed Name Telephone Number ( ) Title Fax Number ( ) Email contact info This Form Must Be Completed and Returned with your Submittal NON COLLUSION AFFIDAVIT FORM STATE OF COUNTY OF , being first duly sworn deposes and says that 1 He /She is the of , the Proposer that has submitted the attached Proposal, 2 He /She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal, 3. Such Proposal is genuine and is not a collusive or sham Proposal, 4 Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted, or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion„ or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract: 5 The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit By Sworn and subscribed to before me this day of , 20 , in the State of County of Notary Public My Commission expires. This Form Must Be Completed and Returned with your Submittal PROPOSER'S CERTIFICATION I have carefully examined the Request for Proposal, Instructions to Proposers, General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Request for Proposal. I hereby propose to furnish the goods or services specified in the Request for Proposal at the prices and rates quoted in my Proposal. I agree that my Proposal will remain firm for a period of up to one hundred twenty (120) days in order to allow the Boynton Beach Community Redevelopment Agency adequate time to evaluate the Proposal. I agree to abide by all conditions of the Proposal and understand that a background investigation may be conducted by the Boynton Beach Community Redevelopment Agency prior to award. I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am a duly authorized to submit this Proposal on behalf of the vendor / contractor as its act and deed and that the vendor / contractor is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this Proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal for the same product or service; no officer, employee or agent of the Boynton Beach Community Redevelopment Agency or of any other Proposer interested in said Proposal; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Name of Business Sworn to and subscribed before me This day of Signature , 20 Name & Title, Typed or Printed Signature of Notary Mailing Address Notary Public, State of Personally known City, State, Zip Code -OR- Produced Identification ( ) Telephone Number This Form Must Be Completed and Returned with your Submittal DRUG -FREE WORK PLACE FORM The undersigned Proposer in accordance with Florida Statute 287.087, hereby certifies that (Name of Business) does 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition 2 Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations 3 Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1) 4 In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted 6 Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements Signature Print Name and Title This Form Must Be Completed and Returned with your Submittal SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES HIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS This sworn statement is submitted to the Boynton Beach Community Redevelopment Agency by (Individual's name and title) For (Name of entity submitting sworn statement) Whose business address is And (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 1. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or a of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that an "affiliate' as defined in Section 287 133(1)(a), Florida Statutes, means A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate 4 I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders employees, members, and agents who are active in management of an entity 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (You must indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives partners shareholders employees, members, or agent who is active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 1989 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1 1989 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY IS FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31, OF THE CALENDAR YEAR IN WHICH IT IS FILED I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PRIOR TO ENTERING IN TO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287 017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM SIGNATURE DATE State of County of Personally appeared before me, the undersigned authority, (name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on the day of , 20 _ -- - - -_- NOTARY PUBLIC My commission expires This Form Must Be Completed and Returned with your Submittal HOLD HARMLESS AND INDEMNITY AGREEMENT , agrees through the signing of this document by an authorized party or agent that it shall defend, indemnify and hold harmless the Boynton Beach Community Redevelopment Agency, and its agents, employees, and public officials from and against all suits, losses, claims, demands, judgments of every name and description arising out of or incidental to the performance of this contract or work performed thereunder, whether or not due to or caused by the negligence of the Boynton Beach Community Redevelopment Agency, its agents, employees, and public officials excluding only the sole negligence of the Boynton Beach Community Redevelopment Agency, its agents, employees, and Public Officials. This provision shall also pertain to any claims brought against the Boynton Beach Community Redevelopment Agency, its agents, employees, and public officials by an employee of the named Proposer, any Sub - contractor, or anyone directly or indirectly employed by any of them The Proposer's obligation to indemnify the Boynton Beach Community Redevelopment Agency, its agents, employees and public officials under this provision shall be limited to $1,000,000 per occurrence which the parties agree bears a reasonable commercial relationship to the contract. The Proposer agrees to accept, and acknowledges as adequate remunerations, the consideration of $10, which is part of the agreed proposal price, the promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, for agreement to enter into this Hold Harmless and Indemnity Agreement PROPOSER DATE This Form Must Be Completed and Returned with your Submittal ADDENDA ACKNOWLEDGMENT FORM Receipt is hereby acknowledged of the following addenda to this Merchant Card Processing Services Proposal RFP by entering YES or NO in the space provided and indicating date received Enter "0" if no addenda are issued by the Boynton Beach Community Redevelopment Agency, No 1 Date No. 2 Date No 3 Date No 4 Date No 5 Date No. 6 Date No. 7 Date No 8 Date_ ADDENDUM No. 1 Date: 0413 -2012 Boynton Beach Community Redevelopment Agency (CRA) REOUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 1 to provide additional information regarding current merchant service transactions and associated fees. Accordingly, the most recent merchant card processing statement for March 2012 of credit card transactions and fees for the Boynton Harbor Marina is attached. '"OUR CARD PROCESSING V 4TlF.MENT Pop 1of 7 f-t )v Nts . A, i:$14.... BOYNTON BEACH MARINA 31Mo14 u t hied 03101/12 - OW31/12 ATrN: SWAN HARRIS 710 N FEDERAL HWY BOYNTQN SEAM FL 334354910 IIIIInIIIUIIIIUIIAlIn11,11 I 1111 UBn161l4I 's. ,:.►RCwll :.'"C.t a . Let .",' a - TI. . 1.4.X ..s5., :. F - 3v,k.:" - iCzt I_' . :ti•'. . ,, '.:_._•4 . t`_.SI;' ...'? ..L•, '. Pop 4 Total Amount You Subodttoe $73,018.45 Pio 4 Third Potty TrIT ons $28,088.34 _ ` PIg. s Chargobecke ►orsafs 0.00 ;'., "° a N b AdJuatmenta 0,00 a ca Pow t Foos Charged 41,370.20 Total Amount Funded to Your Ban:: X45,541.8 ego pop Vat wy aMN/att orr AN =unit_ iinfoni ;.t n It *, lino': (•VFt "rk •istndb&,- 11hirri; or) .' '': Jr: r, _ .. , a v , .a -w-t:•_ .s, • r4t-ifix.:7 Valium Yi r rrrr Growth Mar '12 vs Mar 11 MILK _ saw= lume.s4 — . MC 7% ... vim 474 aINIMMIo aalrtaun a SMALIS Thirlien '.- tail . TOLI MAW Funded 4% •, i ∎Znoo .14% — -- - — swop ! - - $44.00o _. _ ... -17% ..,..�.. Your BLAk, ra1F �It O N • - -•• " - - Ouch iiDAw ! $ 1 ' AN I INF ORMAI toN MI MI Y ut4 At CUuMl Raw to pow 2 *SANWA, P a w 2 i.+ -! Gard Pi rf..Es6f1` ,ft-r, ;:l.'7i'. ,...-)0.i_',„ Total Await You •abndtled - The Nei doter amount of interchange Chaves - These are the variable fees charged and baneeciians submitted and processed during the by Gerd Organtzlbns for piaoesiing transaction. Factors knit Stinnett Period. died Interchange Chsges include card type. Informslian contained in the transaction, aid honfiehen the banes:Von Third•Pa rty W risacgons - These are transactions that we vats processed. goosed drecty to third rawly service piwiderstor Processing ardlhr1Indinp. Common third- piitles include American Service Charge -Also known as Discount gate; the amounts Express* and Diioovsii. charged to authorize, process and settle aid transactions. C - Those transactions true are Fee* - The rw a of transaction -used and/or tad amounts challenged or disputed by • cardholder or cord-issuing bank. charged farWeds card McMinn inn services. A Chergeback squab the trlmnioion smut that Is disputed by tie cardholder or and-Issuing thank. AR veresi is the wnount Total Amount Redid te Yew 'Mk - The total drier that wee Initially reeoived against the mamba% but has amount of credbxbpifd to your account transaction during .ubeeque fly been rosolved in fever offs ie merchant. the Statement Period. AMuslment - The amounts credited to, or deducted from, your Merchant Welber - The unIque account number vueign»d b account to reaglve processing and Wing discrepenoles. ovary men:hientand merchant location. YbuI Ind It at the top of your satement. YOUR CARD PROCESSING '8TA7'EME 4't Pap 3of7 Sisisraent Period 00!09112 - mom So •VS 4. .i /. {qf.N.A+A ; 1t'. ., - .t . ;VI r' " � . } '..C. ■ 11 T o m 4120//1 Yee 11101114 Rama Teal *Mi You 4144111•1 AMON Clod Two Mom Maid Was AIWA* bon Amount MaasrCBrd _ 66 I 40 1 0 0.00 Be *14 7011.36 _ _ *1i0.BD - 1112 311.1 ' WINO W 0 0.00 111 OOU�br 201 . _ 141 : - 6 $1400.h06 0 0.00 0 11.005+66 Wail b.00. b, 400 0 0.00 0 400 JCS 010 0 0.00 0 0.00 0 0.00 AVM* DAO �_ 0 0 06 0 040 0 0.00 Aiewaran - '311211 14 $28M34 a 0.00 10 bai4aeiN J 7e111 r. - 3p On 01$41 0 O.., • . 1272 . MAIII 45 • s - - (Amoi irt`uhn d'` T dirt: L'*i'tys _ - ;.ii4 rWI ..77 *` -"• i' 411 y. .0C' Dade Odeh 141.0141 Mid Poly alimplossii61 Di f1mdd 00110011011 Number Mimi T1rMoe■ona Noverada Arbire0w14 Few Cloped Ftbdwll *mad 0101112 *016.16 1144.00 000 1.00 000 p72.16 01YM112 *151118 111010 0.00 0.00 a 00 340.40 01w5112 *2,146.10 11 D70.16 000 000 0.00 31.676.76 01104112 30,Sa M 33172.16 010 000 0.00 12.81.10 010512 3261.010 0.00 040 000 010 1 20 1 30 0610112 3101.06 sum 000 0 00 000 3114020 00117)12 MR 356.86 100 Om 0.00 P4500 0aNNf12 3117.52 0.00 0.00 0.00 000 8117.52 0110112 55.1'101 000 0.00 000 41371.21 0101.77 0411/1.2 $16741111 3731.00 9.00 D 00 0.00 31010116 01111/12 '61.701.1 010 0110 0.00 000 31.941.15 00114'12 3107011 0.00 0.00 000 040 311 00114112 31107.11 1012.05 010 000 DOD 141400 03(15/12 R 3123.00 MOO 000 000 $1.91440 0111112 MIA 000 000 000 0.00 $ 0417t12 11,104.71 32,108.80 0110 000 400 0111520 0611/112 1.011.07 13,i61.40 000 0.10 000 14.104,01 011 31,1.16 41.66476 0.00 000 0.00 31,71.10 03120112 15.01011 321418 0.110 000 0.00 $1.16270 03121f12 3010.00 000 0100 0110 000 3015110 0322f12 775100 3400A0 000 000 0.00 11411 0372!12 111711 1340.15 0.00 0.00 0 00 NITAO 011202 16,60110 130470.50 0.00 410 040 32424.50 03/25012 56.4553) 1101.40 0.00 000 0110 16, 0911392 34.1V 46 61,51056 0.00 014 0.00 141048.60 0327/12 *1,127.10 3110 0.00 rim 0.00 471840 0 12 35.5140 0.00 010 000 090 12,531 01321/12 118811 130276 0.00 0 DO 0.00 0.00 03/10112 39.014 15 000 0.00 0.00 000 12,064.15 0171212 4401111 42.50118 000 000 0 Or 1121310 TOO $77,611.16 *28,11431 OM GAO 41,379311 343,54B•5 ...4_: - . ` �v . YOUR CARD PROCESSING STATEMENT Paw 4017 '91lli■1111n't Perlod O11l01H2 - 0341/12 Ak,, it,. . r. , 1F6w.1 1"4'' BA f , H Da NM Till ii4Msi 111b3Msd 00018.0+0 Wm Dbsswar Mwdlrsr NKr' bdlt.srsd 01 119112 321111114101/11 1721.70 $155.76 $30.10 '$14440 104* lel *11.102t12 211111111010214 04.00 $440.01, 0.00 1011.00 $1.3111.0111 WW2 211111110101111 1611.16 $1.061.10 0.00 51,370.16 10,040110 01611i12 220111110101110 1747A0 $1011.10 0.00 MI5 sq 1134011/13 2211110 7 *10040 1111.70 0.00 040 12!1.30 077,11112 2211110102110 51,113.50 1E1A0 0.00 106,.06 51016104 O31/7l12 211111 WNW 000 1174100 0.00 $5646 1712114 01 I2 L' 0/10000310 040 1117.62 0.00 040 111312 0/11012 230010100241 177.00 51,00440 040 000 * wal 00,44112 23010110342 5444.45 51,142.60 0.00 5700.00 12.14145 2 0511V12 2111110110243 mum 1103.06 0.00 0.00 11.341.11,• 01111112 270110120744 100.00 *1,021.00 040 010 *1,075.10 01114112 231/1•40146 000 1415.00 on X46 11 10711 0311112 211411115140311 11,10146 511136 0.00 113.00 12411A0 00/10112 320110110747 MAN 1110.00 000 0.00 $1111111 06/17/12 101103w 11266.70 1711110 010 12.101.65 1.1176 M111112 22111101103w 11.635.16 51014/ 510146 11,164.41 *ON Dr WW2 220011160250 *66270 11.17120 0.00 51.03525 $3202-111 0740N11 22111110200751 1670.70 1004.10 0.00 $014411 $2,00746 111121712 111110210262 0.00 1610.00 0.00 0.00 MAO 10x1112 220110210063 0.00 5140.00 0.00 540140 011401 .17@911z 22N$ 4 1167.70 1400.70 0.00 134816 $ 66 •. 01137712 23111.70016 1710.60 $1.6000.10 0.00 14470.00 15,001.101 01411►12 23111/16/ *14411 57x411.11 521040 10,74040 1e,401.201 X 0/2111/2 211110200117 $110133 1? 15 040 $1,160.00 54,717.41 011/10/12 7,1111140101 1310.00 1410.40 0.00 *76640 *limn 1 011112 f11111211E1 1101.30 UMW 040 0.00 1011.07340 0316/112 736/141210 040 040 0.00 510236 11102.1111 0111*01122 21111111110011111 11,10740 04800 0.00 0.00 1,00116 06111111 2216141310710 1761.36 $4.201.! 0.00 1211.61 0,11 111131 llsb Tubb 514.755.36 00.011.0 *1.066.66 101,011.74 17x,016.16 T41tai 512.611.41161 Dab Drr.lpym *mint 01111112 Thanes 1Iris MINIM b AMIK $14.00 1p111112 Tr41&,. Milild b AMC 111111.00 0110112 11=01111111113indled b NM 11570.1* 0164112 1rib.etbne idi.11r.d bAMEX 17,617.16 03100112 Th isr allons 046601bd UMW( WM 0370+7/12 Ti erwplons subnAlyd b AME i 12101 03111/12 TaB>blanrrulstlbdbAM( 17600D 03114112 T>Irrlssd0ns nOdird %AS67c 101626 03117112 Waunakee ssllnilmd $2.106615 0/111112 111nrrnol0nssdbndl.db 14 03101011? 11we.xa■ sibiled b AMEX 11014.66 "101V12 14111110110111 rbfrabd b AMEX 140000 M0112 TMsts.olorm abm0l.3 b AMF7C 5040.15 AMU Trainman. shnillid k ALEX 1347(161) YOUR CARD PROCESIMG STAXElisErri Pape S of 7 etilulNnt Patiod ` O8 - MIi1H2 Mb Donooliollon Amount 0N2912 Thmonolona odonllod bATSIDt 14,887 -16 03117f1z TYatrreionosubalbdbAMSOIC 6718 40 01/1W12 TFwonoborsa imno 1 IsMIN C =882.15 0810 TFarraallono s 1.JRad b WIC 18418.88 Total e28,011Rlf can: :avow Qaio Baho nor No. DoMANfiaa (L1* 4 Day 1,4r.,,t No CF1a 8114014414mm Mlilfor INI Stionnnt Pa tod To t& 'i, . =r ,.....--_m.. , Dab OaaallpIbe , TVn- Na Mabranis for lb Sbinrant Period Total Luc Dub TWIG Doselpilion TOM 0110112 IC ABAAm ma S1]TRUN861CT10ISAT .014800 -L64 worm IC IMITEIACARD Moms PSE 05 TRAIIIIACU0NS AT .@N00 -1.48 0110 IC DIMMER ACCESS FEE rTANiMC71dNBAT Man -0 .T 0 MOM S0 MMA1TEROM O SALES TRAM RS 33 TiNIMeAGflONB AT .2x0000 460 0120/12 SC MASTERCARD CREDITS TRANS RE 2 TRANSACTIONS AT .9=000 .0.40 05I10/12 SC VISA BALER TRANS FEE 41 IRMOIACTIONS AT .200000 410 0811012 110 VISACHECIITS TRANIS FEE 1 TRANSACTIONS AT .200000 -020 Q8f10/12 8C DISCOVER ER SALES TRANS FEE T TRANSACTIONS AT .200000 4A0 03/1412 8C DEBIT MILES DISOOU T RATE .0 2 10700 DISC SATE 7115118 $1:1,300.41 4101.72 01/10112 SC own SAWS TRANS FEE 70 TRANSACTIONS AT .210000 -14.70 03110112 SC AMOC SALES DISCOUNT .010000 400 RATE Tied $17.31721 Z OS/1MS SC =COVER BALps DISCOUNT IONS DISC RATE TOM . 31.155.80 44.55 1110/12 SC WISTENCARb HALES DISCOUNT AMISS DISC HATE TIM OS $7.44271 49822 WWI 8C %MIA SALM mow Amp DIM RATE TTMEs8 /3,x072 -265.83 01,111,12 SC AMS'1>WCf1AD NON.4JAL BALES DISC ,33$100 DISC RAT$1TJVES $405.00 °1405 0$11012 SC VISA MDSQUAL, SAI SS DISCOUNT 111100 MC RATE TIMM 68„e811S5 426,112 0311012 SC DIBODAMR NONQ<ML muss DISC J11S1E0 ONO RATE T1MEB $144.00 450 03/10112 ICE MBA WrL &MACS IA_ 1 TRANS TOTAUND 000 '1.28 03110112 FOE BATCH SEfTLE111IEfTPEE W AT .314000 410 03110112 FEE VISA FOREIGN "vicuna RI .001000 OASIS FM 113003 U50.00 41.15 0/110112 FEE M7NRL.Y SBl1ARE 0ziAME -11.00 DIN M12 FEE 1/3N 1141:t Atom I -13.00 03/$01 FEE AIM 110 CALL MrrHcRRATION FEE .4 TRANSACTIONS AT .100000 -0.10 YOUR CARO PROMO:Wti STATENIXtr ' Paps 6 oU Shl■DOnt Period MOM - 0331112 Min toms n omipli . Taw 05/10/12 RS US CROSS SO D@I FEE 2 TRANS TCTALINS 661.70 4.111 Total Service Chews 41,337.30 Toisi Irnis,shsngs Chi 44 Si Toiul Fsss .03TAS Toi■i ($SrMiCi. Cherries, interchange Charges, end Fiss} 41.3'10.21' Fee Type Legend lie e Elartice FEE 02 Pees 1 : , : , , , , , • < A R G i S ! 14 r i E c . FlRencW dotes and bee Inaunod but not funded during the etalernent period Gm 11dnlra shiscurds for processing IrNoMMEOTI. Tfansaa0.n Std. Ileidamert TRH bald Owertilfen !mad FEE 0311112 BATCH SETTLEMENT FEE 70 TRANSACTIONS AT .320000 -1050 Sty OMNI2 MONTHLY SERVICE CHARGE -10.00 FEE 5101112 MONTHLY ASS FEE -ILO RE 01111/12 ANV8 860 CAL AUTHORIZATION PEE 2 TRANBACT1ONS AT .100000 4130 !SE 03401112 US CROSS BORDER FEE 1 TRANS TOTALING *1.107.26 454 TOTAL WEI -41 INTERCHANGE 0811112 VISA ACCESS FEE 1111 TRNI1ACTION3 AT JOB100 4A4 INTERCHANGE 03131112 MASTERCARD ACCESS FEE TO TRANWETIONB AT .0' 5800 -1114 INTERCHANGE 0310111! DISCOVER ACCS/S !! 1 5 TRA NBACTI0I8 AT .038500 -0.13 TOW. WTI 4646 SERVICE 0111112 MASTERCARD SALES TEARS FEE 42 TRANSACTIONS AT .200000 -L40 S ERVICE 08131112 VILA SALES TRANS 111E 14 TRANSACTIONS AT 200000 •14110 SERVICE 0201112 01SOOV a BALES TRANS RE 'TRANSACTIONS AT 200000 -1 SHNIACE 501011 DEBIT IIALmS CEIOD I1T MTE .121100 DIOC RATE Tails 514072/0 -002A* S ERVICE 0811112 DEFT SALES TRANS FEE 112 TR NIBAC TIONS AT 210000 41LSZ SERVICE 03131(12 AMEX BALES 0111000WT .018000 OISO RATE TINES Et ELM X8.81 SERVICE 0x.11112 DISCOVER SALES DISCOUNT 11:1400 OISC MTE T1MLB ;1.065 5 .31128 SERVICE 01181I12 MAaTERCARD SAM DISCOUNT mow DISC KITE TWEE 80,040.81 471157 SERVICE 0!151/12 VISA SALES OISOOUMT .020100 DEC RATE TIMES 114.116.40 415.E ERVICE S 0181112 IAITEROARO NON -OVAL BALES OISO - sumo DISC WA TIES *1.84820 43.87 SERVICE 0811112 VISA NON -QLIAL SALES DISCOUNT .0121100 DEC MTE 7RES 13.47131 -11225 TOTAL SERV= ` - 1178 MAUD i etrAt- Aug M if.Xik CAL' U NC! litiisment Prod 03101,12 - 03131112 uies; &v. cripflun February ARON ArlinitketAHLE Siit 71-Th. MONO! u 1911 VIZ) WWII 44004: t 03.44 4.4 ADDENDUM No. 2 Date: 04 -18 -2012 Boynton Beach Community Redevelopment Agency (CRA) REOUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 2 to provide additional information regarding merchant service transactions and associated fees. Accordingly, merchant card processing statements for January and February 2012 credit card transactions and fees for the Boynton Harbor Marina are attached. You* CARD PROCESIIR1G STATEMENT Pogo 1 or 8 BOYNTON BEA MARINA Statement wed 01/01/12 - 01131/12 ATTN: SUSAN HARRIS 710 N FEDERAL HWY BOYNTON BEACH FL 33435 - 3910 leflimilei1uilliiilfiIll1It1I ,1. gliiiieimiUUlufferhl An c,vtsuf,Y" O, sect - !.it trti , ;;!,: fr,.; imtra._tar -!5.., „r; t r show i tc.r January arinf,i, . ri F ....• hiu - :,-v...r Pay 6 Total Amount You Submitted $77,513.53 =, , �a Page .. Third Party Transactions $25,793.45 `, '�: . '! Pogo Cha gebacksllt9Y6rsals 0.04 r Adjustments 0.00 , . Pop `� 'i., , y , Page 7 Fees Charged 41,313.07 " Total Amount Funded to Your Bank $50,407.01 BM papa 2 taf Say Deflation of Torn* All ors, 'nh shOu , .re ' i :1.5, tij, ° (Ar►nou,it SC i.eiifod - Tlszi P dty) 7;i - a73, liui:yrZr . iN +, L `! wit * - _ ri• , c f }i Current Yotum* By Card Typt Year - overseer Growth Jan '12 vs Jan '11 t21.34A5 . max ATIMEDs 17'1L i swam oaiwi 15% -_ _. 10■ - MAC j3% .... - - -- wee . � 11% — . 7 2 -- $345.108 .241 Graoth \1,07.B0 /mow Polon 7t6 -- -- ea. .....5 3 Massa Month - Total Amount Funded 5% -4111— — _ 1010._ . goo -...�..� 3% . t a 0.o00 . ,, . 1010 _ . _10,10 _...._w _...,_.. ., % fi" — ' <: ;, _ -- -. • - — — ..... _10 — "4,200 -1 Yost Bu.inese BimIlw Businesses in l Yionl -Fort es _ L..ud.id.ls- Pompano Booth B.. �.` �5 + h A '! I �\ A + y 1 ' '`�'' ^ A ,�h �ti` �rf` 1*C`_1 / &Id'I $MPORTANT $NFORMATION AMMO 'YOUR ACCO N Ratter to page 2 far details. , Page 2or Total Amount You Submitted - The total dollar mount of Interchange Chews - These ere the variable fixes charged crd transactions submitted and processed during the by Card Organizations for processing transactions. Factors that Statement Period. affect krtxchange Charges Include cad type, intonation contained in the transaction, and howAvhen the transaction Third -Party Transactions - These ars transactions that are eve processed. passed directly b third party service providers br processing and/or funding. Common third-parties include American Service Charges - Also kncevn as Discount Rafe; the amounts Exprasse and Discover.. charged to authorize, process and settle card transactions. ChergsbackdReversais - Those transactions that are Fees - The range of transaction -based and/or bred amounts challenged or disputed by a cardholder or card - Issuing benk charged for spedfc card processing services. A Chargebadd equals the transaction emoted that is disputed by the cardholder or card - issuing bank. A Reversal la the amount Total Amount Funded to Your Bard: - The total dollar that was initially resolved against the merchant, but has amount at credited/paid to your account transactions during subsequently been resoled in favor tithe merchant. the Statement Period. Adjustments - The amounts credited to or deducted from, your Merchant Number - The unique account number assigned to a000unt to resolve processing and billing discrepancies. every merchant and merchant location. You'll and it at the top of your statement. YOUR CARD PROCESSING STATEMENT Gap 3ofS Statement Period 01/01/12 - 01/31/1 r f,k 4 i' ', a 'c. R.; 0r 0;.t 001 • L , „ :' "0.; ii 'U -tiN l'':+e •.,- 1 Total Some Ides You $ubntttud Rotund, Total Amount You $ubnrlbd Cord Type Pekoe fosrrra Amount flora Amount Iona Amount MeeterC and $247.88 62 516,277.48 1 $169.20 81 $15,108 28 Visa $215.54 185 $36,683.90 0 0.00 186 $36,883.90 Discover $11421 9 91,027.90 0 0.00 9 $1.027.60 Dicers 0.00 0 0.00 0 0.00 0 0.00 JCS 0.00 0 0.00 O 0.00 0 0 Do ATM/EDS *20.00 1 *20.00. _. 0 _ 0.00 1 $20.00 Anterior Drama 1422.42 80 $25.793.45 0 0.00 80 $25,793,45 Total - 317 $77,4$2.73 1 k $11*20 311 $77.915.63 (fin, .0r0Suba7l..0.1 •Tt'Irld PRrt!,) 4 10ht 0 ,.l fit;...0100+ " . r - , : 0 ;. .t. "t: a' . 5,'�: ' ` VI n3! :. ..,u• Debi Weil Subedited Third P.rty Chaegebookof Oafs Funded Subailisd Namur Amount Tntnssobeeo Reversal* A4usbranb FNS Clwrped* Rerd•d Amount 01/01/12 $3,995.78 5483.88 0.00 0.00 0 OD 93,512.10 01/02/12 $3,929.20 1494.55 000 000 0.00 $3,434.65 01/03/12 $4,478.45 9693.05 0.00 0 00 0.00 $3,785.40 01/04/12 $170.00 000 000 0.00 0 00 1170.00 01/06/12 $1,288.90 976040 000 0 00 0.00 9516.60 01/08/12 $402.20 $402 20 0.00 0 00 0.0u 000 01/07/12 13.910.73 31,966 i8 000 0.00 000 31,944.55 01108/12 98,142.96 $1,663 t5 000 0.00 0.00 34,680.80 01/09/12 $5,430.45 92,205.50 0.00 0 DO 0.00 33,224.96 01 /10112 $2,027.40 0.00 0 00 0 00 41,313 07 $714.33 01/11/12 $2,968.70 51,172 80 0 00 0 00 0 00 31,787.10 01/12/12 31,854 50 1288 70 0.00 d 00 0.00 31,384.80 01/13/12 $1,887.75 5702 30 0.00 0 00 0 00 *1,185145 01/14/12 $1,825.45 9894 75 000 0 00 0 00 $730.70 01/16/12 13287.95 5390.85 0.00 0 DO 0.00 $2,888.10 01/16/12 1317.60 $43 40 0.00 0 00 000 $274.20 01/17/12 9215.85 000 0.00 000 000 1215.85 01 /18/12 51957.95 5183940 0.00 000 0.00 5318.55 01/19112 $4,881 90 91,779 90 0.00 0 00 0 00 $3,082.00 C o a ,r^ 0, {,,> ,i o. if ,y YOUR CARD PROCESSING STATEMENT Pao.4.t 8 8tatnmsnt Period 01101/12 - 01/31/12 Oats Batch 6ubnili.d Thad Prey Cha sbacka/ Data Funded SOW! lett Numbs Amount T4.nasatiaMs le.w.$s Mushn.M. Fees Charged* Funded Amount 01/20/12 *2,200.08 $1,903.06 0.00 0,00 000 *238.10 01/21/12 $2,269.55 $596 00 0.00 000 0.00 *1674.55 01/22/12 *8622.63 $2,836.75 000 0 00 000 $3,986.78 01/23/12 $4,688.80 $487.00 0.00 000 0.00 $4,201.60 01/24112 $1,327.35 *780 20 0.00 000 0.00 5547.15 01/26/12 *290.40 1146.40 0.00 0.00 0.00 $145.00. 01/26/12 *846.40 $332.00 000 000 0.00 $514.40 01/27112 3887.86 6415.10 0.00 000 000 $472.56 01/28/12 *1,512.96 $80 20 0.00 0.00 000 81,432.75 01/29/12 $3,810.05 11,126.00 0.00 0 00 0 00 $2,492.25 01/30/12 *874 75 *538.90 000 000 0.00 $334.88 01/31/12 *1,671.74 11.021.54 0.00 000 0.00 185020 Total *77,813.63 *26,703 45 0.00 0.00 411,313.07 150,407.01 YOUR CARO PROMISING STATEMENT Pap 6of8 Statement Peeled 01/01/12 - 01/31P wr ■..tea t Dais 8x$83$ Total Submitted Submitisd ATM/ED8 MsshrCard Visa 131.05101041Y American Express Submitted i 01/01/12 226819010174 520.00 81,033.90 $2,323.80 6134.40 $483.86 »,986 781 01/02112 228819020175 0.00 $1,503.30 61,887.30 $34.05 $494.65 $3929201 01/03/12 229819080176 0.00 $888 20 33,0.9260 $84.80 $693.05 r Y 0104/12 228819040177 0.00 $170.00 0.00 0.00 0.00 1170.00, 01/06112 228819060178 0.00 $258.25 3258.25 0.00 $750.40 51,266.901 01/08/12 228819080179 0.00 0.00 0.00 0.00 $402.20 0402.201 01/07/12 228819070180 0.00 $451.70 $1.482.86 0.00 $1.966.18 $5,910.73 01107/12 228819070101 0.00 11,680.80 52,550.96 3389.05 5.1,553.15 $6,1422.95 01108/12 228819080182 0.00 51,313.30 $1,758 .86 3153.00 $2,206.50 $6,430A51 01/10112 226819100183 0.00 $40.80 81,977.80 0.00 000 $2,027A03 01/11/12 226819110184 0.00 0.00 51,787.10 0.00 11,172.60 $2,968.701 01/12/12 226819120185 0.00 0.00 $1,884.80 0.00 $289.70 $1,654504 01113/12 2268191301156 0.00 5296.60 $888.85 0.00 1702,30 $1,887.781 01/14/12 22681914018? 0.00 $49.90 5680,80 0.00 1884,76 41,625.46 b 01/15112 228819150188 0.00 $517.96 $2350. 0.00 1399.85 53,287.95# 01/18/12 228819180189 0.00 511.80 1282.60 0.00 $43.40 $317.601 01/1 7112 228819170190 0.00 0.00 $215.66 0.00 0 00 $215.85 i 01/18/12 228819180191 0 OD 5280.90 437.65 0.00 11,639.40 $1,95795 ,' t 01/18/12 228819190192 0.00 51,442.40 $1,638.60 0.00 51,779 90 $4,861.90 2' 01/20/12 226819200193 0.00 0.00 5236.10 0.00 51,963.95 $2,200.06 01/21/12 228619210194 0.00 5285.46 $1,389.10 0.00 1595.00 $2,289.65' 01/22/12 226819220196 0.00 51,1071E $2,879.60 0.00 52,836.76 $6.62253 01/23112 226819230196 0.00 52,334.50 61,594.30 5.272,50 $487.00 $4.000.00 01/24/12 2268182+0197 0.00 547.15 $530.00 0.00 5780.20 51,3U.351. 01/25/12 220819250198 0.00 0.00 5146.00 0.00 3145.0 3290 012$112 226819200199 0.00 5311.00 $203.x0 0.00 3332.00 1846.40" 01/27/12 226819270200 0.00 0.00 $472.56 0.00 5416.10 $88785 0128112 228819280201 0.00 $579.40 $854.36 0.00 580,20 $1,512.95.' 01/29/12 226819290202 0.00 1301.15 5.2,141.10 0.00 51,128.80 61.81e.061 01/30/12 226819300203 0 00 $64 86 $270.00 0.00 $639.90 4874,76 r 01/31/12 226819310204 0.00 3300.00 $35020 0.00 *1,021.54 Si,871.74 Sub Totals $20.00 $15,108.28 $35.663.90 51,027.90 $25,793.46 $77 613.63 t Total '1'77.613.631 YOUR CARD PROCESSING STATEMENT Pape 8 d8 Stetemsnt Period 01101 /12 - 01/31(12 0sb Description Amount 01101112 Transsotlaas submitted b AMEX f 483.118 01/02112 Transactions submitted 10 AMEX $494.55 01103/12 Trsrwb:ian. submitted to AMEX MIA 01/06112 TYsna0llons submitted to AMEX 5780.40 015/8/12 Transactions submllbd to AMEX $40220 01107/12 Transactions submitted to AMEX 18,518.33 01108/12 T naneacttons eubmttbd to AMEX 112205.60 01/11/12 Tranesdions aubmNed to AMEX 11,172.80 01/12/12 Traget8ons subrrbtbd 10 AMEX 8289.70 01/13f12 Tran so8ons submtbd fo AMEX $702.30 01/14/12 T}srnsd io s submitted 10 AMEX 1881.78 01/15/12 T1rwp8ans submitted to AMEX 1311095 01 /18(12 Transactions subnrlMed to AMEX $43.40 01/18/12 Trisections subm0bd to AMEX 11,830.40 0111 6112 Tranwdlons submitted b AMEX 31,770.80 01D11/12 Translations submitted to AMEX $1,883.85 0101/12 Translattione Limbed to AMEX $595.00 01122112 Tionsso5ane eubm84id lo AMEX $2,835.76 01/23/12 TronawMons sdbnibd b AMEX $487.00 01(24/12 Transactions submitted to AMEX $78090 01/25/12 Tr neeotiona submitted to AMID( 3146.40 01/28/12 Transadkns submitted to AMEX 1332.00 01m/12 Tranaalans submitted to AMEX 5415.10 01128/12 Trine/beans sutsntted 1a AMEX $8020 01129/12 Tiaceons subnrtlsd to AMEX $1,128.80 01120/12 Tmnssdio s submitted to AMEX 1538.80 01101/12 Tranescticne submitted b AMEX $1,021.54 Total $25,793.45 Card Numbsr O.5/ Rdwwios No. 0ssariptbn (Last 4 Digits) Amount too Cberpsbsdos/Reverssle for Ns Statement Period Total 4.00 YOUR CARD PROCESSING STATE11nEtrT Page 7of8 $t t.ment Period 01/01/12 - 01/31/12 «* nay *. , Dab Description amount No ArAusieroris for his 8latenasnt Psdad Total a• Dab Type Des arlpilon Tot I 01/14/12 IC VISA ACCESS FEE 93 TRANSACTIONS AT .026900 -2.50 01110/12 IC MASTERCARD ACCESS FEE 44 TRANSACTIONS AT .028800 -1.18 01 10112 1C DISCOVER ACCESS FEE 11 TRANSACTIONS AT .026900 -0.30 01/10/12 SC MASTERCARD SALES TRANS FEE 28 TRANSACTIONS AT .200000 -5.60 01110112 SC VISA SALES TRANS FEE 46 TRAN8ACT10NS AT 200000 , 920 01110/12 SC DISCOVER SALES TRANS FEE 11 TRANSACTIONS AT .200000 -2.20 01/10/12 SC DEBIT SALES DISCOUNT RATE .026700 DISC RATE TIMES $10,131.90 470.52 01/10/12 SC DEBIT SALES TRANS FEE 66 TRANSACTIONS AT 210000 -13.65 01/10/12 SC AMEX SALES DISCOUNT .018000 DISC RATE TIMES $18,119.56 -344.27 01110/12 SC DISCOVER SALES DISCOUNT .029400 DISC RATE TIMES $1,310.09 -38.53 01110/12 SC MASTERCARD SALES DISCOUNT .029400 DISC RATE TIMES *6.804.85 - 170.88 01/10/12 SC VISA BALES DISCOUNT .029100 DISC RATE TIMES $921825 266.68 01/10/12 SC MASTERCARD NON -QUAL SALES 0930 .032500 DISC RATE TIMES *777.60 -26.27 01/10/12 SC VISA NON-Q UAL SALES DISCOUNT .032500 DISC RATE TIMES $2501.35 21.29 01/10/12 SC DISCOVER NONQIIAL SALES DISC .032500 DISC RATE TIMES *814.09 -16.71 01/10/12 FEE VISA liNTL SERVICE FEE 2 TRANS TOTALING $726.30 -3.63 01/10/12 FEE BATCH SETTLEMENT FEE 29 TRANSACTIONS AT .350000 -10.15 01 /10/12 FEE VISA FORFJGN HANDLING FEE .001000 8A818 PTS TIMES 1726.30 -0.72 01/10/12 FEE MONTHLY SERVICE CHARGE -10.00 01/10/12 FEE MONTHLY ACCESS FEE 15.00 01/10/12 FEE US CROSS BORDER FEE 3 TRANS TOTALING 1602.90 .3.01 Total 41,313.07 Fee Type Legend SC in 8u*. Chagas IC la Interchange Chergee FEE = Fees YOUR CARD PROCESS*MG STATEMENT Page 8d6 Stetsment Prrbd 01/01h 2h1/$1/12 PENDING FINANCIAL CHARGES AND FEES Financial champ* am bee Incurred bid not Funded during the sidemen wad. ad. I . - .° See future sttlaments for processing information. 'Transaction Data Net Amount Type Posted Description Posted FEE 01/30/12 VISA INTL SERVICE FEE 3 TRANS TOTALING 5399.45 -1.99 FEE 01/30112 SATCH SETTLEMEVT FEE 32 TRANSACTIONS AT .360000 -1120 FEE 01/30/12 VISA FOREIGN HANDLING FEE .001000 BASIS PTS TIMES 5398.45 -0.38 FEE 011301 MONTHLY SERVICE CHARGE -10.00 FEE 01/3012 MONTHLY ACCESS FEE -15.00 FEE 01/30/12 US CROSS BORDER FEE 5 TRANS TOTALING $1,142.15 -5.71 TOTAL FEES ' -4429 INTERCHANGE 01/30/12 VISA ACCESS FEE 186 TRANSACTIONS AT .026900 4.44 INTERCHANGE 01/30/12 MASTERCARD ACCESS FEE 84 TRANSACTIONS AT .026900 •1.72 INTERCHANGE 01/30/12 DISCOVER ACCESS FEE 9 TRANSACTIONS AT .026900 -024 TOTAL IN1ERCHAt GE ' • • - r--• ' f' - 840 SERVICE 01/30/12 MASTERCARD SALES TRANS FEE 41 TRANSACTIONS AT .200000 -8,20 SERVICE 01/30/12 MASTERCARD CREDITS TRANS FEE 1 TRANSACTIONS AT .200000 -0.20 SERVICE 01/30112 VIM SALES TRANS FEE 73 TRANSACTIONS AT .200000 -14.60 SERVICE 01130/12 DISCOVER SALES TRANS FEE 9 TRANSACTIONS AT 200000 -1.80 SERVICE 01130/12 DEBIT SALES DISCOUNT RATE .026700 DISC RATE TIMES 817,341.56 - 483.02 SERVICE 01/30/12 DEBIT SALES TRANS FEE 114 TRANSACTIONS AT 210000 23.94 ERVICE 01130/12 AMEX SALES DISCOUNT .019000 DISC RATE TINES 825,79&45 -090.08 SERVICE 01/30/12 DISCOVER SALES DISCOUNT .029400 DISC RATE TIMES 51.027.90 -3022 SERVICE 01/90/12 MASTERCARD SALES DISCOUNT .029400 DISC RATE TINES :9,896.53 290.96 SERVICE 01/30/12 VISA ALES DISCOUNT .029400 DISC RATE TNES 510,179.00 -563.86 SERVICE 01/30/12 MASTERCARD NON -QUAL SALES DISC .032500 DISC RATE TIMES 81,791.90 -5824 SERVICE 01/30012 VISA NON -DUAL SALES DISCOUNT .032500 DISC RATE TIMES $2,652.40 -86.20 TOTAL SERVICE 2041.32 GRAND TOTAL -2,882.01 Month Description Total December GROSS REPORTABLE SALES -TINM Mt/3410 $30,$59A3 2812 YTD Gross Reportable &doe 007,466 411 Pegs 1 of 8 1 > t.f t K. t A 61i.,. B O Y NTON BE M ARINA Sedernen_ Period . 02/01/12 - Q1/29112 ATTN: SUSAN HARRIS 710 N FEDERAL HWY BOYNTON BEACH FL 33435.3910 luIiruHHrdnluih, IRI urilrithurn{III,rnnIIiirninIp l An alit rvt'.Yf 5 - count :1":f;�+ ; f -1 _ ' .r1, :_. r e .+Y rhere Frn',1r., • ••r � ' F . . C , r 1 , 1 4 ! ,r! t € , i . ., -... . 2+:`, k. pep. 6 Total Amount You Submitted $50,125.75 Ave a Third Party Transactions $16,930.94 Pap a ChargebacksIReversais 0.00 ., . $ Pail6 a Adjustments 0.00 t 1 P. 7 Fees Charged - $2.082.01 x Total Amount Funded to Your Bark $ ` i,` '2.8C e.s pep 2 for KeyDslydan If Tons P 1 1 amatn,tr - flown pre it ti.. fr,,,ds {An'unt i - Thrd r'3r1y1 + (;;tart :" n i' •• t ,4r - . - 3*' , • T ' "t ' J. . ., , Currant Velum 13y Cerd Typo Year-over-year Growth Feb12 vs Feb 'II sicsrnws AMEX a.ovrk WO 1596 --- --------- —.-...-..114---- .. Dparospar TA osso m 8% > -- • - Cr - --- orrimit Ube Kum 1% orowU on .p•1 ribbon Ek $i - Total Amount Raided i -20lG ... 9 6.a�' 7 - � - - -- ", ,277E ' X1476 -a tA $44,,040 r.. _..�.. 41% - - fE6.4a4 �. Your Buainssa Smi6r &mi osa' m sm000 Miami -Fort - Laudathis-Pompana now B osch 7zA44 _ ..._... �, -.. _ - .. ...._ . h" h ' " " . 0 . 1 % 4" h k 4 ' 4 r " 4 " r;" 4 ' 0 i 4 1 41, 0 4 11 fi # # 1 Q .41 1 O r IMPORTANT iNFORf41ATION ABOUT YOUR ACCOLIN 1 Ftefer to page 2 for details. Paw 2ar6 -,p w ,r,f, • . Total Amount You Submitted - The total dollar amount of Interchange Charges - These we the variable fees charged card bansac ions submitted and processed during the by Card Organizations for processing transactions. Factors that Statement Period. affect Interchange Charges indude card type, information oontarined in the transaction, and howrwhen the transaction Third-Party Transactions - These are transarafons that are was processed. passed directly to third party service providers for processing ard/orfunding. Common third - parties include American Service Charges - Also known as Discount Rate; the amounts ExpressB and Discover®, charged to authorize, process and settle card transaction. ChargebadwAiwersals - The transaction that are Fess - The range of transaction -based and/or fixed amounts challenged or disputed by a cardholder or card - issuing bank. charged for spedfc card processing services. A Chargebadc equals the transaction amount that is disputed by the cardholder or card - issuing bank. A Revered is the amount Total Amount Funded to Your Bank - The total dollar that was Initially resolved against the merchant, but has amount of cmditad/psid to your account transactions during subsequently been resolved in favor of the merchant. the Statement Period_ Adjusbnento - The amounts credited to, or deducted from. your Merchant Number - The unique account number assigned to account to resolve processing and billing disonepancies. every merchant and merchant location. You'll find it at the top of your statement. YOUR CARD PROCESSING 81 ATEMENI 3o1 smoerna t Period 02101/12 - 0212911. ♦ ..,..S. ix• , I t' r. ...r ti r.. '!. • i! ..1 k ... .. , ,Y Total Sneer Swiss Yeu Submitted Refunds Total Amount You embattled knaves Cod Type Tided Items Amount a.. ?mount Item Amount MaetarCarri $214.69 54 • , $11,53906 2 $375.25 52 511.183.81 Vlw $215.83, ; 97 . $20,86730 - 1 5158.80 96 $20,700 Discover $190.07 7 . $1,330.60 _ 0 0.00 7 51,33050 Diners 0.00 0 0.00 0 0.00 0 0 00 .IC13 0.00 • 0 0.00 0 0.00 0 0.0D ATM/EDS 0.00 0 0.00 0 _ 0.00 0 0.00 Arnedoon mss 5252.70 ' BB $17,937.98 1 5407.04 87 518,930.94 Total - ' - . , - 0"L', 225 561,854.84 4 'j i OWN , - • 222 $*0,12S 75 0u',14itot8u`glitti.1 T:i!,u F;.1v1 -r "liar ,fir• '.= -IF. 00'..=1 %• `10 e ` . • i • >.,, , ;' ._ 7 ' ' },_, i . ,.,-.a Dale Batch StrhwYied Third Parr CMrsebauks/ Dab Rodeo Submitted Number Amount Trommotiena Reversals Adjustmeats Few Cterr9ed` Flooded Amount 02/01/12 4707.04 4407 04 0.00 0.00 000 4300,00 02102/12 $898.35 5310 90 0.00 0.00 0.00 $587,45 02/08112 5797.55 5797 55 0 00 000 0.00 0.00 02/04/12 5451.40 0.00 0.00 000 0.00 $451.40 02/05/12 51,222.75 000 0.00 000 0 00 51,222.75 02/08112 52,721.10 51,320.95 0,00 000 0.00 51,400.15 02/07/12 5119.00 510000 0.00 000 0 00 819.00 02/08112 531540 5315.40 0.00 0.00 0.00 0.00 02/09/12 $1.396.70 5824.66 0.00 0.00 0 00 1774.16 02/10/12 $2,139.13 5835 0,00 000 - 52,082.01 4778.06 02/11/12 $44.70 0.00 0.00 0 00 000 $44.70 02/12/12 $2,43645 $424.30 0 00 0 00 000 $2,011.15 02/13/12 5905.55 5461.55 0.00 0 CO 0 00 $444.00 02114/12 5177.70 5177.70 0.00 000 0.00 0.00 02/16/12 5995.00 0.00 0.00 0.00 0.00 $995.00 02/18/12 52,880.05 51,287 15 0.00 0 00 0 $1,612.90 02/17/12 52,165.58 5665.45 000 0.00 0 00 $1.500,11 02/18/12 54 735.80 51,865.80 0 00 0 00 0,00 53.080.00 02/19/12 57,387,45 52,257.30 0 00 000 000 55,110.15 YOUR CARD PROCESSING STATEMENT Pogo 4of8 Statement Period 02/01112 - 02/29/12 Mb Satoh iubmtikd Thiel Forty Chenpktoi1 DAM Funded Subtitled Number Armslt TranneMimu Rmrmndm Allualbso etm tees Cludgm ' Funded Amount 02/20/12 53,266.90 $1,461.90 0.00 0.0u 000 $1,785.00 02121/12 $1,157 75 $585.50 0.00 000 0.00 $572.25 02/22/12 $2,036.30 $498.60 0.00 0.00 0.00 $1.638.80 02/23/12 $3,153.55 $1,163.05 000 000 000 $1.089.90 02/2.4/12 $4.20D.25 $933.50 000 0.00 0.00 $3,566.75 02125/12 $1,904 75 $370.85 0.00 0.00 0 00 $1,674.90 02128/12 $1,40726 $67195 000 0 OD 0 OD $736.30 02/27/12 $271.00 $209.55 0.00 0 00 0.00 181.45 02129/12 $1,615.60 $500.00 0.00 0.00 000 51,116.60 Total 118Q,125.78 #1$.9$0.114 6.06 0.00 - $2.083.01 $31,112.11 r,. ., °.i•1..+' ?: ';,: ..1:::' (.1.', :. i . i,. YOUR CAVIDPEGEOMMENG STATEMENT Nee 5 a 8 Statement Period 02/01112 - 02/29/1 Dale IWsh ,rl Submitted Subniiisd MaiYrCard Amlaicen Menem Nse Discover 0+ . ,. iw1 I 02101/12 226818010205 4300.00 4407.04 0.00 0.00 47'.'';.V ` i 02!01/12 22881901020€ 8347.80 1310.90 $239.85 0.00 5>.`-1 02/03/12 228819090207 0.00 8797.66 0.00 0.00 ,7: 6(. 02/04/12 226819040208 1225.70 0.00 1225.70 0.00 ','131 r.;,' 02105/12 226819050209 383.85 0.00 147125 3987.66 31,222.73, 02/08112 228619080210 $21.90 51.320.96 51.234.25 1144.00 31,. . 4 .i.1L s 02/07/12 228919070211 0,00 3100.00 310.00 0.00 !:,110.0.'i 02108/12 228819050212 0.00 1315.40 0.00 0.00 r , ? = , 02,08/12 2211919080213 3298.18 3624.56 3376.00 3100.00 i1,�_'6.'"Oi 02110112 226819100214 1104.15 $835.18 $1,199.80 0 00 ;2 i -•• r 02/11/12 226819110216 $44.70 0.03 0.,1• 0.00 <: ^r'. ,r` I 02/12/12 226819120218 3827.85 1424.30 31,189.80 0.00 " ,` r.!. 02./13/12 228819130217 0.00 $461.55 3444 00 0.00 ‘s r;,. =7 02114/12 226819140216 0.00 1177.70 0.00 0.00 t'r .` .' 0211512 228819160219 0.00 0.00 1985.00 0.00 ';0vi.. °. j 02116'12 326819180220 824200 31,267.15 $1,370.90 0.00 ,,:.0....'' 02/17/12 228819170221 31,106.66 $885.45 3.202.10 $191.35 ",1 ' , ...• 02/15/12 226810180222 3854.05 51,655.60 52,125.95 0.00 : - rb 1; 02/19/12 2 28819190223 $2,463.45 32,257.30 12.848.70 0.00 1 '•i 4° f 02/19/12 228819190224 1150.05 61481.90 $1,557.35 877.60 .:' I 02/21/12 228819210226 0.00 6685.60 1672.26 0.00 '.,..i;. 02/22/12 226819220226 3910.40 6488.50 3598.60 130.00 :x,;.:.^1 02/22/12 226819220227 3566.60 51,163.85 31403.30 0.00 .. 10 : %`r 02/24/12 228819240228 32,083.30 3633.50 31,393.45 4100.00 '1 ° ,1..1::: 0225/12 228819250229 1225.00 $379.85 $1.349.90 0.00 t,'.3:,a •' 02/25/12 226819250230 1229.10 3671.95 850620 0.00 '∎,+v 1 02/27/12 228819270231 0.00 3209.55 351.45 3.00 t 02/29/12 226819290232 3678.00 3500.00 $538.80 0.00 " ':7 `4' Sub Totals 311,153.51 $16.930,94 620.700,50 31,330.60 ri.; '2- x ;, Total rt i. ,"ti'e.7; YOUR CARD PROCESSING STATEMENT Nu. ti of 9 Stisma t Period 02/01112 - 02/20/12 Dais Description Amount 07/01/12 Transactions submitted b AMEX -N0.14 02103/12 Trsruatfione submits/1 b AMEX $797.66 02/05f12 7hens.otio.m submitted to AMEX $1,320.96 02107/12 Tnms.oions submitted b AMEX $100.400 02/08112 Tre nsedions submittal to AMEX 11939.96 02!10112 Thmsaalkows submitted to AMEX 5936.18 02/12/12 Transactions submitted to AMEX $424.30 02113/12 Transsafiane suborned to AMEX $491.66 02/14/12 Trtrmactions submitted to AMEX $177.70 02/1W12 7rensaattanssubmitted b AMEX 41,267.15 02/17/12 Transactions submllud to AMEX 5965.15 02/18112 Tratg.dlar submitted 10 AMEX $1,966.50 02/1 E12 Transactions acbndltld to AMEX $3,739.20 02/21112 Trenseotions aurrrrsled to AMEX 5586.50 02/22/12 TTtnaod one submitted to AMEX $1,41582.13 02124/12 Transactors submitted to AMEX 1987,60 0 112 Yr.ns.dlans submttsd to AMEX 31,061.80 0287/12 Transactions scbmbed to AMEX $209.66 02/29/12 Transactions submitted to AMEX 1500.00 Total $10,930S4 Card $un1s r Daf. Reference No. Description (fit 4 omits) Amount No Chanysb.c1 lR.Mrssle for his Statement Period Total 000 Del. D.sortptlon Amount No fr4M, nta for 8ie Blaine* Psrbd Total 0.00 YOUR CARD PROCESSING STATEMENT Page 7of8 SMlsmsnt Period 021 - 02 112 f Ff. S C ti“- Date T Dasarlptlon t et i 02/10/12 IC VIVA ACCESS FEE 106 TRANSAZTION8 AT .0796900 -444 02/10112 IC MASTERCARD ACCESS FEE 84 TRANSACTIONS AT .020900 4.72 02/10/12 IC DISCOVER ACCESS FEE 8 TRANSACTIONS AT .026900 -424 02/10/12 SC MASTERCARD SALES TRANS FEE 41 TRANSACTIONS AT 200000 -820 02/1012 SC MASTERCARD CREDITS TRANS FEE 1 TRANSACTIONS AT .200000 -020 02/10/12 SC VISA SALES TRANS FEE 18 'TRANSACTIONS AT 200000 -14.80 02/10/12 SC DISCOVER SALES TRANS FEE 9 TRANSACTIONS AT 200000 -1.80 OQ110112 BC DEBIT SALES DISCOUNT RATE .026700 DISC RATE TIMES 517,341.55 463.02 02/10/12 8C OBIT SALES TRANS FEE 114 TRANSACTIONS AT .210000 -23.94 02110/12 SC AMEX SALES DISCOUNT .019000 DISC RATE TIMES $25,793.46 - 480.06 02/10/12 SC DISCOVER BALES DISCOUNT .029400 DISC RATE TIMES *1,021.90 -3022 02/10/12 8C MASTERCARD SALES DISCOUNT .029400 DISC RATE TIMES *8,898.53 - 290.96 02/10/12 SC VISA SALES DISCOUNT .029400 DISC RATE TIMES 919,178.00 -56386 02/10/12 SC MASTERCARD NON -QUAL SALES DISC .032500 DISC RATE TIMES 91,791.90 -58.24 02110112 SC VISA NON -QUAL SALES DISCOUNT .032500 DISC RATE TILES 92,852.40 -86.20 02 /10/12 FEE VISA INTL SERVICE FEE 3 TRANS TOTALING 139845 - 02/10112 FEE BATCH SETTLEMENT FEE 92 TRANSACTIONS AT .350000 -1120 02/10/12 FEE VISA FOREIGN HANDLING FEE .001000 BASIS PTS 71MES 1399.45 d1.99 02/10/12 FEE MONTHLY SERVICE CHARGE -10.00 02/10/12 FEE MONTHLY ACCESS FEE 15.00 02/10/12 FEE US CROSS BORDER FEE 5 TRANS TOTALING 61,14215 - 531 Totat 42,082.01 Fes Typ• Lepsrrd SC - SE cs Chwges IC = Werohange Charges FEE m Fess PENDING FINANCIAL CHARGES AND FEES Financial charges and Tees Incurred but not funded during the statement period. .- Ses future statements for processing Mfonnation. Transaction bats Net Amount Type Posted Description Posted FEE 02(28/12 VISA MRS. SERVICE FEE 1 TRANS TOTALING 9250.00 - 1 - 26 FEE 02/28/12 BATCH SETTLEMENT FEE 26 TRANSACTIONS AT .350000 480 FEE 02128/12 VISA FOREIGN HANDLNIG FEE .001000 BASIS PTS TIMES 9250.00 -0.25 FEE 02/28/12 MONTHLY SERVICE CHARGE - 10.00 FEE 02128/12 MONTHLY ACCESS FEE -15.00 FEE 02/28/12 AVS 950 CALL ALI MORIZATION FEE 1 TRANSACTIONS AT .100000 -010 l iteRVMD emriatistr Pigott cr8 Statement Period 02101/12 - 02/29/12 I f ', t> I r ; F I N i rJ r , ; A t C t- A ! ; G F.. S A N l F z i s Randal charges end bee hotrod but not funded Inuring the statement wield. • See 1Uturr statements for processing Information. Transaction Date Mot Am aunt Typs Posbd Description Posted FEE 02/28/12 U8 CROSS BORDER FEE 2 TRANS TOTALING $2449.70 -1.25 INTERCHANGE 02/28/12 VISA ACCESS FEE 98 TRANSACTIONS AT - 028900 -2.84 INTERCHANGE 02/28112 MASTERCARD ACCESS FEE 56 TRANSACTIONS AT .026900 -1.48 INTERCHANGE 02/28112 DISCOVER ACCESS FEE 7 TRANSACTIONS AT .028000 -0.19 ` T yt Gi 431 i ,#�r'�3'; / _ � *V> '1#FI' � ffi' F'Y�'Y,eW �__' ,�,Aa ��'{'i'��.3 SERVICE 02128/12 MASTERCARD SALES TRANS FEE 33 TRANSACTIONS AT .200000 -6.80 SERVICE 02128/12 MASTERCARD CREDITS TRANS FEE 2 TRANSACTIONS AT .200000 -0.40 SERVICE 02/28/12 VISA SALES TRANS FEE 48 TRANSACTIONS AT .200000 -9.80 SERVICE 02/28/12 VISA CREDITS TRANS FEE 1 TRANSACTIONS AT .200000 -0.20 SERVICE 02/28/12 DIVER SALES TRANS FEE 7 TRANSACTIONS AT .200000 -1.40 SERVICE 02/28/12 DEBIT BALES DISCOUNT RATE .028700 DISC RATE "DIMES $11,300A5 - 301.72 SERVICE 02/28/12 DEBIT SALES TRAINS FEE 70 TRANSACTIONS AT 210000 -14,70 SERVICE 02/28/12 AMEX SALES DISCOUNT .019000 DISC RATE TIMES $17,337.98 - 329.42 SERVICE 02/28/12 DISCOVER BALES DISCOUNT .029400 DISC RATE TIMES $1,186.50 -34.88 SERVICE 02/28/12 MASTERCARD SALES DISCOUNT .020400 DISC RATE TIMES $7,942.71 433.52 SERVICE 02/28/12 VISA SALES DISCOUNT .029400 DISC RATE TIMES *807.25 --8.93 iERVICE 02/28/12 MASTERCARD NON-QUAL SALES DISC .032500 DISC RATE TIMES $450.00 - 14.63 !!� SERVICE 02/28/12 VISA NON -UAL SALES DISCOUNT .032500 DISC RATE TIMES $3,895.95 - 128.82 SERVICE 02/28/12 DISCOVER NO_NOUAL SALES DISC .032600 DISC RATE TIMES $'144.00 -0.88 Valk' SSCU'ICE r is T 30 GRAND T'4TAt. -4,3rY 9.21 , . Month Deacrip#on 1. January GROSS REPORTABLE SALES-T1N99903410 $51,889.20 2012YTU Grove Reportable 8slee 91,995 28 ADDENDUM No. 3 Date: 04 -23 -2012 Boynton Beach Community Redevelopment Agency (CRA) REQUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 3 to provide additional information regarding credit card processing equipment. The CRA utilizes the following equipment for credit card processing at the Boynton Harbor Marina: 1. FD 100ti — plug in machine with FD 10 debit pin pad 2. FD400ti — wireless portable unit ADDENDUM No. 4 Date: 04 -25 -2012 Boynton Beach Community Redevelopment Agency (CRA) REQUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 4 to provide additional information regarding the current credit card processing vendor for the Boynton Harbor Marina. The current vendor is: SunTrust Merchant Services First Data Merchant Services Corporation PO Box 6604 Hagerstown, MD 21741 -6604 ADDENDUM No. 5 Date: 05 -03 -2012 Boynton Beach Community Redevelopment Agency (CRA) REQUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 5 to provide additional information regarding questions from interested parties regarding the RFP. 1 The RFP discusses the ability for a provider to fund (credit) within 24 -48 hours It does not discuss the provider having the ability to automatically debit via ACH for monthly fees or cardholder disputes (chargebacks). Would the provider have the ability to automatically debit via ACH or does the Boynton Beach CRA have different requirements. Response: The Boynton Beach CRA allows the current vendor to automatically debit via ACH for monthly fees and cardholder disputes and 11 is the intention of the CRA to confirm( this practice. It should be noted that there are minimal chargebacks for the CRA 's account 2 When does Boynton Beach CRA's contract expire with their current processor' Response: To he addressed in a future Addendum 3. How many terminals does Boynton Beach CRA currently use, and do they own. rent 01 lease these terminals? Response: Partially answered in Addendum No. 3 (posted on CRA '.s irehsrte at www hoyntonheachcra.com) The terminals are leased 4. What percentage of volume represents pin debit? Response: Provided in Addendum No. 1 and Addendum No. 2 on the CRA 's website. All transactions are broken out by type in sections titled "Fees Charged" and "Pending Financial Charges and Fees." 5. Does Boynton Beach CRA have software or an internet gateway integrated into any of its systems? Please describe. Response: No 6. How many Merchant IDs does the Boynton Beach CRA currently have? Response: Two, including one specific to American Express. 7. Does Boynton Beach CRA require manual close capabilities? Response: Yes 8. Does Boynton Beach CRA need to close a batch more than once a day? Response: The normal procedure is to close a batch only once a day; however, the ability to batch more than once a day is desired if necessary in the future due to business conditions. 9. Is Boynton Beach CRA interested in a gift card program? Response: No 10. Has Boynton Beach CRA completed PCI compliance? Response: Yes 11. Is there a limit to the number of pages to submit for this RFP? Response: No ADDENDUM No. 6 Date: 05 -18 -2012 Boynton Beach Community Redevelopment Agency (CRA) REQUEST FOR PROPOSALS MERCHANT CARD PROCESSING SERVICES For the BOYNTON HARBOR MARINA RFP Issue Date: April 11, 2011 Submission Deadline Date: May 31, 2012, No later than 3pm The CRA is issuing Addendum No. 6 to provide additional information and clarification regarding questions from interested parties. 1. "When does the Boynton Beach CRA's contract expire with their current processor' ?" Response: The CRA does not have an active contract with the current proces'cn 2. "Regarding the lease on your terminals, how long is the lease for and can you tell me how much you are leasing the terminals ?" Response: The lease term begun July 1, 2011 tor forty -eight (48) months and the monthly cost is 869 90 3. "How do the credit card terminals communicate with the current processor. dial or via the Internet ?" Response: The terminals communicate via dial 4. "Does the Marina have personal computers with a Web browser and Internet access today' " Response: Yes, the Marina has a PC with a web browser and internet access Page 1 of 5. E- Checks and Check Conversion Response: There have been a number of inquiries asking if the CRA currently accepts e- checks or if check conversion is a new service for the CRA. The CRA does currently accept e- checks and does not wish a check conversion or e -check service to be provided for the Boynton Harbor Marina at this time. 6. "Is 100% of the payment transactions accepted today face to face ?" Response: Yes 7. "Part B, Scope of Proposal, section E, Minimum Experience and Performance Requirements contains a requirement that bidders be a company with at least five years experience processing credit card payments. The bidder possesses many years of experience in providing the requested services, but we have recently reorganized and changed names. Is it acceptable to Boynton Beach CRA that the bidder leverage the history of our previous DBAs to comply with five years of experience ?" Response: Yes 8. "Part C, Proposal Response Requirements, B, Required Information, E. Required Forms states that the bidder must sign the Hold Harmless and Indemnity Agreement or be rejected. The bidder understands your concerns about risk, but we cannot sign this agreement as worded. If the bidder can demonstrate significant value to you in our proposal, will you agree to allow negotiation of the language in this agreement ?" Response: The terms of the RFP as approved by the CRA 's Board of Directors on April 10, 2012, are as stated in the RFP. 9. "The bidder can provide a contract that contains significant value for Boynton Beach CRA; however, the terms and conditions of this contract must be accepted as is due to the benefits it provides our clients. The bidder believes that Boynton Beach CRA will prefer the tradeoff of accepting this contract for the advantages it provides. Is Boynton Beach CRA interested in receiving a proposal based on this scenario, understanding that the bidder's contract replaces the terms and conditions of your RFP? Response: The terms of the RFP as approved by the CRA's Board of Directors on April 10, 2012, are as stated in the RFP. See Part E, General Terms and Conditions, page 9, Offer of Contract. 10. "...financial statements (of the Proposer) are available online at .... Will the CRA be open to reviewing these financial statements annually online rather than being mailed annually during the life of the agreement ?" Page 2 of 3 Response: I he terms of the REP as approved hr the CRA s Board of Directors' osr Apr? ,r r, 2012, are as Mated in the REP Sce Part B, Scope of Propocat, 1 ( %eneral Requirc'rm'nts 11. "Will the CRA be open to the following regarding audits? For any audits or inspections. (the Proposer) will provide the CRA, during normal business hours. with at least ten dav- prior written notice, at the CRA's expense" subject to (the Proposer's) standard security policies, applicable laws and Payment Network Regulations, and no more than once annually. with records and information pertaining to transactions processed under (the Proposer's) Agreement However. due to the sensitive nature of the information processed, (the Proposer) cannot permit the City or anyone to have unfettered access to (the Proposer 's) books and records Response: The terms of the RFP as approved by the CRA s Board of Directors on April 10 2012, are as stated in the RFP See Part B, Scope of Proposal, F General Requirements 12. "Which areas of the Redevelopment Agency will be accepting credit cards? (I see Boynton Beach Marina, what other areas would need to offer credit card processing ?)" Response: The only credit card acceptance e for the Boynton Harbor Marina The CRA does not accept credit cards in any other circumstance of its operations' 13. "Would the Redevelopment Agency want the ability to accept credit cards over their website`'" Response: No - all transactions are face -to -face 14. "Is the Redevelopment Agency needing the ability to accept cards through a back office or Mail /Telephone process ?" Response: No — all transactions are face -to -face 15. "Does the Redevelopment Agency have a POS system that we may be able to work to accept credit cards? Many of these systems have software that can be added or changed to move the transactions from the software to us, the processors." Response: The CRA currently uses POS credit card terminals Hoii ever, dependent upon business conditions, the POS system may he expanded in the future Page 3 of 3 4 , Tr i A , ,,., „ , v _ , ,,, , . , „ ., p yloy , 4 : ', ' xii ,,, 41 ' - ' ., ' V ' - t , 14..y 0,, , 1, - ..,, FY . �t , ,�' f �y N yMylk gyp '' '++, + , ■ ,' i4' 0 ', a ' r ':c + f ' BOYNTON BEACH C LAITY REDEVELOPMENT AGENCY Summary of Merchant Fees for Marina Fuel Safes Source: Merchant Statements FY 2010 -2011 Fuel Sales Merchant Fees MC, VISA, MC, VISA, Avg. DISCOVER AMEX Total DISCOVER AMEX Total Rate Oct $ 35,068.49 $ 16,955.05 $ 52,023.54 $ 1,824.18 $ 481.78 $ 2,305.96 4.4% Nov $ 42,364.00 $ 19,485.33 $ 61,849.33 $ 2,023.52 $ 649.49 $ 2,673.01 4.3% Dec $ 30,078.52 $ 17,427.61 $ 47,506.13 $ 1,571.92 $ 546.80 $ 2,118.72 4.5% Jan $ 49,571.75 $ 24,789.25 $ 74,361.00 $ 2,401.38 $ 738.66 $ 3,140.04 4.2% Feb $ 44,835.13 $ 28,248.95 $ 73,084.08 $ 2,300.17 $ 882.10 $ 3,182.27 4.4% Mar $ 49,248.47 $ 29,009.06 $ 78,257.53 $ 2,415.66 $ 1,145.75 $ 3,561.41 4.6% Apr $ 54,773.82 $ 34,438.62 $ 89,212.44 $ 2,980.06 $ 1,051.21 $ 4,031.27 4.5% May $ 61,980.29 $ 42,885.36 $ 104,865.65 $ 3,279.68 $ 1,150.09 $ 4,429.77 4.2% Jun $ 47,694.55 $ 40,169.19 $ 87,863.74 $ 2,770.92 $ 1,627.90 $ 4,398.82 5.0% Jul $ 59,892.09 $ 41,414.31 $ 101,306.40 $ 3,290.31 $ 1,167.38 $ 4,457.69 4.4% Aug $ 38,422.15 $ 35,368.38 $ 73,790.53 $ 1,875.55 $ 1,027.12 $ 2,902.67 3.9% Sep $ 40,199.33 $ 23,655.62 $ 63,854.95 $ 1,743.38 $ 758.70 $ 2,502.08 3.9% Total $ 554,128.59 $ 353,846.73 $ 907,975.32 $ 28,476.73 $ 11,226.98 $ 39,703.71 _ 4.4% 61% 39% 100% 3.1% 1.2% _ 4.4% AMEX rate on AMEX card processing only• 3.2% � FY 2011 -2012 F4 ~�,e Merchant Fees MC, VISA, . MC, VISA, Avg. MOWER AMEX Toot " " . DISCOVER AMEX Total Rate Oct $ 22,386.05 $ 14,654.20 $ 37,040.25 $ 1,223.35 $ 410.27 $ 1,633.62 4.4% Nov $ 25,925.54 $ 11,295.90 $ 37,221.44 $ 1,030.66 $ 355.89 $ 1,386.55 3.7% Dec $ 30,859.43 $ 18,119.58 $ 48,979.01 $ 1,313.07 $ 494.29 $ 1,807.36 3.7% Jan $ 51,720.08 $ 25,793.45 $ 77,513.53 $ 2,082.01 $ 736.88 $ 2,818.89 3.6% Feb $ 33,194.81 $ 16,930.94 $ 50,125.75 $ 1,379.26 $ 407.26 $ 1,786.52 3.6% Mar $ 44,928.11 $ 28,088.34 $ 73,016.45 $ 1,926.08 $ 764.21 $ 2,690.29 3.7% Apr $ 49,786.84 $ 26,506.65 $ 76,293.49 $ 2,333.92 $ 836.91 $ 3,170.83 4.2% May $ 61,170.75 $ 39,988.86 $ 101,159.61 $ 3,088.37 $ 1.167.61 $ 4,255.98 4.2% Jun $ Jul $ Aug $ Sep $ _ Total $ 319,971.61 $ 181,377.92 $ 501,349.53 $ 14,376.72 $ 5,173.32 $ 19,550.04 3.9% 64% 36% 100% 2.9% _ 1.0% 3.9% AMEX rate on AMEX card processing only■ 2.9% ATTA ENT #3 • EU y i003 , mr AL IP RESit• a _ FEE N o Ui 67 I`' O — d7 : I": f -- 1 , ,- - -. - j I I I ' N ; N .4. 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T H o o 2 U ° , 0- O L a w > m ms BB &T - Fee Schedule Merchant Processing Pricing BB &T bases pricing on volume, average ticket and processing environment in order to determine competitive pricing. BB &T proposed pricing is as follows: Visa, MasterCard, and Discover qualified processing rate — 1.89% Visa, MasterCard, and Discover non - qualified processing rate — 2.49% Visa, MasterCard, and Discover per item cost — $0.20 AMEX Discount Rate — 1.89% + $0.10 AMEX Auth Fee — $0.10 /authorization Voice /ARU Auth Fee — $0.45 /voice authorization PIN Debit /EBT Fee — $0.20 /item + Interchange Monthly Minimum — $15 /month Monthly Network Access Fee — $5 /month Chargeback Handling Fee — $15 /chargeback ACH Reject Fee — $25 /occurrence PCI -DSS Certification Program — $5.95 /month PCI -DSS Non - Compliance Fee — $15.95 /month Terminal Replacements — $150 /terminal Application Fee - $0 Annual Fee - $0 Virtual Terminal /Payment Gateway (if applicable) License Fee - $99 (one -time) Monthly Fee - $9.95 Transaction Fee - $0.04 (virtual terminal) or $0.06 (payment gateway) Mobile Payments License Fee- $99 (one -time) Monthly Fee- $20 (Billed by BB &T (Includes One Device) Additional Devices- $5 (Billed by BB &T per month/per additional Device) *Subject to business type and credit approval. Merchant Services are offered by BB &T Financial, FSB, a subsidiary of BB &T Corporation Member FDIC BBT com © 2012, Branch Banking and Trust Company All rights reserved 12 �Mw U.S. Bank - Fee Schedule FEE SCHEDULE U.S. Bank Payment Solutions' pricing is dependent upon interchange and other fees imposed on all credit card processors by Visa, MasterCard, and other third parties. U.S. Bank Payment Solutions will pass through to the merchant all such Increases imposed by third parties, upon written notice to the merchant of the increased fee U.S. Bank Payment Solutions agrees to offer the pricing herein for 180 days. If requestor wishes to add products or services at the conclusion of the bid process, U S. Bank Payment Solutions well submit a new Schedule of Fees and any additional Schedules for such services, if applicable Payment Type Est. Volume Elavon Fee 2'3'4 VISA /MC /Discover $527,000.00 0.30% + 50.10 'Annual volume estimates based upon the merchant statements provided within addendums number 1 & 2 2 All Visa® & MasterCard® and Discover® card association authorization, interchange, assessment, and settlement tees are passed to the Corporation at cost American Express® transactions may be authorized by Elavon Settlement and discount fees will be billed by Amex 3 lnterchange fees will be assessed on net bankcard sales deposits and /or sales Items Assessments will be paid on all sales deposits. Assessments are not returned on returns or charge backs ° Processing fees will be debited daily or monthly depending on settlement method Set Up Fee $50.00 one -time Monthly Minimum 525.00 per month Statement Fee $5.00 per month Chargeback Fee 515.00 per occurrence American Express Authorization Fee $0 10 per authorization Merchant Connect Premium Reporting Solution 1 -5 users Waived 6 -10 users $55 00 per month Software (Optional) Virtual Merchant Single Merchant ID License $499 00 one time Virtual Merchant Additional License $99.00 each additional account Virtual Merchant Monthly Fee 510.00 per month per account Hardware Magtek USB Card Reader (for VirtualMerchant) $120 00 per unit Hypercom T4210 or VeriFone Vx510LE dial terminal $525 00 per unit Hypercom M4210 or VeriFone Vx610 wireless terminal $850 00 per unit Wireless Set Up $20.00 per unit Wireless Service $19 00 per month per unit SIM Card (Hypercom only) $20.00 per unit VeriFone PinPad 1000SE or Hypercom S9 5160.00 per unit Conversion Exchange (If FD Terminals owned by CRA at the end of the lease term) FD100 dial terminal $249.00 per unit Boynton Beach Community Redevelopment Aaenc ICRA) page � 5 gym iii FD400 Wireless Unavailable FD10 $35.00 per unit Voice Authorization with AVS $0.90 per occurrence Operator Assisted Authorization $0.90 per occurrence Voice Authorization Bank Referral $4.00 per occurrence Voice Authorization — VRU $0.75 per occurrence PCI Compliance Program Fee 5 $7.00 per account per month PCI Non Compliance Fee 6 $29.95 per month PCI Administration Fee 7 $35.00 per year 5 A compliance account will be created for each the CRA through the Elavon PCI web portal to automate the Self- Assessment Questionnaire and Network Scan. 6 PCI Administration Fee is required If CRA provides compliance validation from a Qualified Security Assessor (QSA) other than Trustwave. 'The CRA must provide a certificate of compliance validation within ninety (90) days of account approval to avoid a monthly non - compliance fee. IP U S BANK Boynton Beach Community Redevelopment Agency (CRA) I page 17 Proposal for Merchant Card Processing Services to Boynton Beach Community Redevelopment Agency R CHA ��...,,�,,.,.�..".�..�.�.��a.. - �w...w �...,w.�,.�,.,",".. ,,.. ". ,� _,.,, .. >.,. my m „_. _..��.�.k,u• �. "��,.�.,�,.,M.. ,,�. , � . FEE SCHEDULE FEE SCHEDULE Ace Merchant Processing - Fee Schedule Provide a merchant service fee schedule haser (Pi The Pctrvit"yy and vlKime as described above and ” following • Application Fee • Monthly Maintenance • Monthly Discount Minimum • Annual Fees • Chargeback Fee • Authorization Fee • Credit Card Processing Equipment • Training related costs (if any) • Payment Card Industry (PCI) charges • And any other fees incurred RESPONSE: The fees and charges presented in this proposal shall remain firm for the entire initial term (3 years) of the contract Ace Merchant Processing will provide the CRA with Interchange Pass - Throug pncin Interchange pass- through pricing is the most cost effective pricing because we will take exactly what Visa ® , MasterCard'' charges and pass it straight through to you No matter what the interchange fees charged by Visa and MasterCard are, these will be the fees the CRA will pay to Visa and MasterCard Ace Merchant Processing will charge a surcharge and transaction fee on top of interchange Credit Card Rates (Visa , MasterCard , Discover Pass Through Debit Card Rates (Visa', MasterCard', Discover Pass Through Surcharge 0 15% Authorization Fees (Visa', MasterCard, Discover) $0 05 Transaction Fees (Visa, MasterCard', Discover) $0 04 Visa' Access Fees $0 0195 MasterCard Access Fees $0.0185 Discover Access Fees $0 0185 Batch Fees $0 09 Pin Debit Trans Fees $0 15 Application Fee $0 00 Monthly Maintenance $0 00 Monthly Discount Minimum $0 00 Chargeback Fee $15 00 Statement Fees / MID $4 95 Online Reporting Access Fee $0 00 PCI Compliance Fees $0 00 Annual Fee $0 00 Training Related Fees $0 00 Terminal Fee $0 00 Please keep in mind that as a card service provider, Ace Merchant Processing -Chase Paymentech is governed by Visa" and MasterCard industry regulations and as such, we have no control over interchange pricing therefore, we cannot guarantee that those fees will never change, but what we can confirm is that the best pricing the merchant can get is interchange pass - through pricing, which is what we are offering to the CRA Interchange pass- through pricing is whatever interchange pace Visa , MasterCarcP, Discover sets for all banks, credit unions, ISP's, etc , which we "pass through" to you 100% We guarantee the lowest interchange costs, through programs such as Visa Custom Payment Service and MasterCard qualification systems BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RFP Page 10 Electronic Cash Systems - Fee Schedule Fee Schedule Description Price Visa Credit Card Interchange + 10 bps (.10 %) Master Card credit card Interchange + 10 bps (.10 %) Visa debit Interchange + 10 bps (.10 %) Master Card debit Interchange + 10 bps (.10 %) Discover credit card Interchange + 10 bps (.10 %) Discover debit Interchange + 10 bps (.10 %) Set -up fees for Merchant Services $0 Set -up fees for Gateway Services $0 Authorization Fee $.10 per authorization Chargeback Fee $12.00 per transaction Application Fee $0 Monthly Fees (Including PCI, reporting, IRS Regulatory Fee, $129.00 per month Merchant Central Access, training, and customer support) Annual Fees $0 Equipment replacement and maintenance $0 ECS proposes that pricing be based on published "interchange rates ". This allows the Boynton Beach Community Redevelopment Agency to clearly understand and have transparency regarding processing costs. ECS will charge the published interchange rates plus .10%. In addition ECS will pass 100% of the savings that have recently come into play from the Durbin Amendment regarding debit card treatment. SunTrust - Fee Schedule Su TRUST Live Solid Bank Solid. Pricing Proposal Pricing Proposal for Boynton Beach CRA a dmit. :) tecii.lirt. Cost- Cost - Chargeable item Dial Connectivity IP connectivity MasterCard and Visa processing fees 45% + $.15 45% + $ 15 MasterCardNisa Interchange rate and fees Pass Thru Pass Thru MasterCardNisa Assessment fee (Visa 0.11 %) (MasterCard 0.11°A < $1,000) (MasterCard 0.12% > $1,000) Pass Thru – Pass Thru MasterCard and Visa access fee $ 0315 $ 0315 $ 25 + bank network $ 25 + bank network Pin Debit fee fee Chargeback Fee $15 $15 Voice Authorization and IVR Authorization fee _ $ 10 $ 10 Funding Fees - ACH transfer $0 $0 Non - Bankcard Transaction Fee (includes all third -party cards authorized and /or settled –AMEX, Discover, JCB, Diners etc.) $ 10 $ 10 Monthly Service fee $10 $10 Monthly Merchant Processing minimum $15 $15 Monthly Wireless Network fee $15 $15 ACH Reject fee $25 $25 Batch Fee $ 25 $ 25 On -line Reporting $ $ Help Desk Monthly fee _ $0 — $0 Application and Set Up fee $28 $28 Annual PC1 Compliance fee $99 95 $99 95 MasterCardNisa Cross Border /Int'I Service fee 65% 65% Visa Zero $ Verification $.025 $ 025 May 31, 2012 26 Proprietary and Confidential SUNTRUST Live Solid. Bank Solid. Price Schedule Cost- Cost - Chargeable item Dial Connectivity IP connectivity Visa Misuse of Auth $.045 $ 045 Visa Zero Floor Limit $.10 $.10 Partial Auth Non - Participation fee $.01 $.01 MasterCard Processing Integrity fee $.045 $.045 MasterCard US Acct Status Inq. Svc Interregional fee $ 03 $.03 MasterCard US Acct Status Inq. Svc Intraregional fee $.025 $.025 TransArmor Token & Encryption Transaction $.02 $.02 TransArmor Monthly fee $0 $0 First Data Global Gateway Purchase $325 $325 First Data Global Gateway Monthly Gateway fee $18 $18 Internet/Gateway Transaction fee $.05 $.05 FD100Ti terminal lease (48 month lease to own) $28 /month $28 /month FD100Ti terminal purchase $525 $525 FD100Ti + FD30 pin pad lease (48 month lease to own) $40 /month $40 /month FD100Ti + FD30 pin pad purchase $675 $675 FD200Ti terminal lease (48 month lease to own) $30 /month $30 /month FD200Ti terminal purchase $770 $770 FD200Ti + FD30 pin pad lease (48 month lease to own) $45 /month $45 /month FD200Ti + FD30 pin pad purchase $900 $900 FD400Ti wireless terminal (48 month lease to own) $40 /month $40 /month FD400Ti purchase $975 $975 FD400Ti wireless network fee $15 /month /terminal $15 /month /terminal Transaction pricing consists of Card Brands' Interchange and Assessments plus the processing transaction fee(s) quoted above All other third -party discount rates and fees (Le , AMEX, JCB) are the responsibility of the City May 31, 2012 27 Proprietary and Confidential BOYNTON cRA =BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda IX I Old Business I New Business 1 1 Legal I 1 Executive Director's Report SUBJECT: Consideration of Request to Bifurcate the DIFA between the CRA and Gulfstream Gardens LLC for Phase I and II of the Seabourn Cove Development SUMMARY: Gulfstream Gardens, LLC the developer of the Seabourn Cove development located at 3501 S. Federal Highway is requesting that the approved DIFA (unsigned by both parties at this time) be bifurcated for Phase I and II to accommodate when each phase will be developed and placed on the tax rolls. (See attached letter from Michael Weiner.) Accommodating this request will mean that the DIFA will have to be rewritten as two separate documents. Additionally, if approved, Gulfstream Gardens, LLC will have to submit two separate certifications that each phase of the project is meeting the NAHB Green Gold standard per the DIFA's. CRA staff has checked with City staff that will be in charge of reviewing the certification's to ensure compliance. They are agreeable to the bifurcation of the agreement. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Staff recommends approval of Gulfstream Gardens request to bifurcate the DIFA into two phases The two agreements will be brought back to the Board for approval once they have been prepared and reviewed by staff and legal. Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \June 2012 \Seabourne DIFA request doc I.A‘N OFFICE.‘ WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION MICHAEL S. WEINER 10 SE 1 AVENUE, SUITE C TELEPHONE F PHONE (561) 265 2666 FACSIMILE (561) 272 - 6831 JEFFREY C. LYNNE DELRAY BEACH, FLORIDA 33444 MWEINER @ZONELAW.COM LAURIE A. THOMPSON W W W.ZONELAW.COM June 1, 2012 Via E -Mail Ms. Vivian Brooks Assistant Director Boynton Beach CRA 710 North Federal Highway Boynton Beach, Florida 33435 Re: Gulfstream Gardens, LLC — DIFA Agreement Our File No.: LOCO010 Dear Vivian: Please accept this letter as our client's formal request to bifurcate the DIFA Agreement between the Boynton Beach CRA and Gulfstream Gardens, LLC. Our client would like to have a separate DIFA Agreement for Phase I and the Boynton Beach CRA and a separate DIFA Agreement for Phase II and the Boynton Beach CRA due to different lenders. Nothing changes in the Agreement other than the land description Very Truly, Yours, 'Mithael Weiner MSW: f BOYNTO N , cRA BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda X Old Business New Business 1 Legal 1 Executive Director's Report SUBJECT: Consideration of Requesting an Amendment to the NSP Ocean Breeze Agreement between the CRA and the City to Allow for Time Extension SUMMARY: The City and CRA entered into the attached agreement on July 2010 to undertake the site development of the 4.5 acres along Seacrest Avenue in the Heart of Boynton neighborhood for the development of 21 single - family homes. The CRA was awarded $400,000 out of the $2.9M the City received from NSP I funds. The CRA has entered into a development agreement with Habitat for Humanity of South Palm Beach Community Land Trust (CLT) for the development of the homes. To date, two homes are almost complete. Recently, the City approved NSP 3 funds in the amount of $200,000 to the CDC, partner with the CLT, for use as down payment assistance on the 10 homes they will be developing within the Ocean Breeze project. The NSP Agreement has the time of performance as September 30, 2012 for completion of all work. The CRA is requesting an extension for completion until September 30, 2013 based on the progress report previously presented at this meeting. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Request extension of the time of performance for the NSP Agreement between the City and CRA until September 30, 2013. Vivian L. Brooks Executive Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Request for NSP I Agreement Extension doc AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "th THIS AGREEMENT, entered into this op day of , 2010, by and between the City of Boynton Beach, a political subdivision of the State of Fl rida, for the use and benefit of its NEIGHBORHOOD STABILIZATION PROGRAM and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) , a Florida public body corporate and politic created pursuant to Part III of Chapter 163, Section 356, Florida Statutes having its principal office at 915 S. Federal Highway, Boynton Beach, Floiida 33435 and its Federal Tax Identification Number as Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a NEIGHBORHOOD STABILIZATION PROGRAM in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY desire to provide the activities specified in Part II of this contract: And Whereas, the City of Boynton Beach desires to engage the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY to implement such undertakings of the NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1). Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows. PART 1 DEFINITION AND PURPOSE A. Definitions: I) "City" means City of Boynton Beach 2) "CDBG" means the City's Community Development Block Grant program 3) "CID" means the City's Community Improvement Division S:1CMAGM"1 S \Final NSP Subreciptent Agreement - Boynton Beach CRA clean doc Last saved by swansonl 623120105 35:57 PM, 6/22/2010 1 1 51 AM, 6/22/2010 4 27 PM 4) "The Agency" means the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 5) "Eligible Family" means a family who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of the Policy Guidelines attached as Exhibit C herewith. 6) "Eligible Neighborhood" means an area where Neighborhood Stabilization Grant funds may be used to purchase homes as identified in the Neighborhood Stabilization Grant application that was approved by the Department of Housing and Urban Development. 7) "SUBRECIPIENT" means t the Boynton Beach Community Redevelopment Agency and is synonymous "Agency" as that term is used herein and which has been approved to participate in the Neighborhood Stabilization Program as designated in Section V of the Policy Guidelines attached as Exhibit C. 8) "NSP" means Title III of Division B of the Housing and Economic Recovery Act of 2008 for the purpose of assisting in the redevelopment of abandoned and foreclosed homes referred to as the Neighborhood Stabilization Program. 9) "NSP Home" means an abandoned or foreclosed home, condominium or townhome purchased with Neighborhood Stabilization Program funds. 10) "Subsidy" means the amount of NSP funds that are used by the CITY to make the NSP Home affordable to an Eligible Family. 11) "CDBG Regulations" means Code of Federal Regulations at 24 CFR 570. 12) "Low and Moderate- Income" means those who fall within the income range set by HUD for participating in the NSP program. The HUD income range is contained in Exhibit D which is attached hereto and made a part thereof. 13) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 14) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf S :ICAWGMTSWinal NSP Subreciplent Agreement - Boynton Beach CRA clean.doc 2 Last saved byswansonl 6,23/ 20105:35:57 PM, 6/22/2010 11:51 AM, 622/2010 4:27 PM B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate - income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof, PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee - approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $400,000.00 for the period of July 15, 2010 through September 30, 2012. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. 3 S.ICAIAGMTS1Final NSP Subrecipient Agreement - Boynton beach CRA clean.doc Last saved byswansonl 623/20105 :35.57 PM, 6/22/2010 11 51 AM, 6/222010 4 PM B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B -09- MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services, with the exception of NSP obligation requirements, required hereunder shall be completed by the Agency by September 30, 2012. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID, Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. S: \CA\AOMTS \Final NSP Subrecipicnt Agreement - Boynton Beach CRA cican.doc 4 Last saved by swansonl 6/23/20105:35:57 PM, 6/22/2010 11.51 AM, 6/22/2010 4:27 PM D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Agency is considered a subrecipient under the NSP guidelines and is therefore subject to applicable requirements. The agreement shall be implemented in accordance with NSP program guidelines including, but not limited to statutory obligation and expenditure deadlines, eligible uses and costs, and National Objective compliance requirements. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi - funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty -five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency br an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements, 5 S. \CA\AGMTS1Final NSP Subrecipient Agreement - Boynton Beach GRA ckan.doc Last saved by swansonl 6/23/20105 PM, 6/22/2010 11 AM, 6/22/2010 4:27 PM 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. The procurement of services funded by NSP funds shall be subject to the requirements of federal regulations at 24 CFR Part 85. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Finance Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. S:1CAIAGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 6 Last saved by swansonl 6/23/20105:35:57 PM, 6/22/2010 11.51 AM, 6/22/20104:27 PM 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of -town- travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by NSP funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A -110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of NSP funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of NSP funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. S:1CAIAGMTS\Final NSP Subreeipient Agreement - Boynton Beach CRA cican.doc Last saved by swansonl 6/23/20105:35:57 PM, 6/22/2010 1 151 AM, 6/22/2010 4:27 PM PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the NSP areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries 100% of the houses to be built as a result of the project shall be made available for sale to low- and moderate- income persons at or below 120% of the area median. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall maintain documentation in its files S:tCA AGMTS\Fina1 NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 8 Last saved by swansonl 6/23/10105:35:57 PM, 6/22/2010 11:51 AM, 6/22/2010 4:27 PM demonstrating that it has met the above requirement and shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate- income persons; (4) racial breakdown; and (5) the number of female - headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending 9 S;1CA\AGMTS\Final NSP Subrccipient Agreement - Boynton Beach CRA clean.doc Lest saved by swansonl 6/2320105 PM, 6/22/2010 11 AM, 6/22/2010 4:27 PM federal awards of $500,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A -110, A -133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that for the purposes set forth in this Agreement, it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of S:\CA\AGMTS1Final NSP Subrecipient Agreement - Boynton Beath CRA clean doe 10 Last saved by swansonl 6/23/20105:35.57 PM, 6/2212010 11:51 AM, 6/22/2010 4:27 PM the performance of this Agreement, including costs and expenses for or on account of any or all scats actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non - renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is supplemental to and not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees, subject to availability of funds, to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A -110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the NSP Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this 1. S:\CA1AGMTSTmal NSP Subrecgnent Agreement -Boynton Beach CRA clean.doc Last saved by swansoni 6/23t20105:35.57 PM. 612212010 11.51 AM, 6/22/2010 4 PM Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower - income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A-122 and A -133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 S:1CA AGMTS\Pinal NSP Subrccipicnt Agreement - Boynton Beach CRA clean doe 12 Last saved by swansonl 6 /23 /201053S S7 PM, 6/22/201011:51 AM, 6/22/20104:27 PM 5) Executive Orders 11063, I2259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) Federal Neighborhood Stabilization Program Regulations 10) The Agency's Personnel Policies and Job Descriptions 11) The enacting and implementing legislation which created the Agency 12) The Agency's Rules of Governance 13) The Agency's Certificate of Insurance and Bonding 14) Current list of the Agency's Officers and members of Board of Directors 15) All of these documents are filed and will be maintained on file at the office of the Agency One (1) copy of the Agreement, its Exhibits and items 2 through 9 incorporated by reference will be furnished to the Agency by CID. Items 10 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with NSP funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) 13 S•1CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA cican.doc Last saved by swansonl 6/23/20105:35:57 PM. 6/22/2010 11 51 AM, 6!22/2010427 PM calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Reversion of Assets. Upon expiration/termination of this Agreement, the Agency must transfer to the City any NSP Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of NSP funds. O. National Objective Compliance In order to satisfy the NSP requirements, the Agency must satisfy the National Objective of providing permanent residential structures that will be occupied by a household whose income is at or below 120% of area median income (LMMH). All Units must be occupied by those meeting the low- and moderate- income requirement. The above National Objective must be satisfied by the Agency no later than September 30, 2012 and by the City no later than September 30, 2013. If the National Objective is not met, the NSP funding allocated under this Agreement must be repaid to the City by the Agency. The Agency's September 30, 2012 deadline shall be extended to September 30, 2013 provided the project is under construction and proceeding on a completion schedule to meet the National Objective. S:1CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA ckan doc 14 Last saved by swansonl 6/23/20105:35:57 PM, 6/22/2010 11:51 AM. 6/22/2010 4:27 PM P. Recapture of Funds The City reserves the right to recapture funds in the event that the Agency shall fail: (i) to meet the to comply with the terms of this Agreement including meeting a National Objective, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies, or (iii) award and enter into a contract with a contractor to provide the infrastructure to the housing project by August 11, 2010 and complete the work by September 30, 2012 unless extended to September 30, 2013 as provided in Paragraph 0 above, or (iv) process and file Davis -Bacon disclosure documents required. Q. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. R. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds, Proposals to other agencies will be made in writing and a copy of such provided to CID. S. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. 15 S.1CAIAGMTS\Final NSP Subrccipienl Agreement - Boynton Beach CRA clean.doc Last saved by swansonl 6/23/20105:35 PM, 6!22/2010 11 AM, 6122!2010 4:27 PM T. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. U. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. V. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. W. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. S: \CA\AGMTS1Pinal NSP Subrecipient Agreement - Boynton Beach CRA ekan.doc 16 Last saved by swansonl 6/23/20105:35:57 PM, 6!22/2010 11 :51 AM, 6/22/2010 4:27 PM WITNESS our Hands and Seals on the p�O day of __, 2010. CITY OF BOYNTON BEACH, FLORIDA t BY • ATTEST: Gi Z JOSE ROy GUEZ, MAYOR o . `1 ;, P a �tO N 1 B ifr • - NET PRAINITO, MMC ITY CLERK [CORPORATE SEAL] BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: JOSE RODRIGU jZ, CHAIRMAN Approved by,f ,� , )aa1 LL`s BRIGHT, E) UTItE DIRECTOR Approved as to form: J S A. CHEROF, 'CITY ATTORNEY i? S 1CAIAGMTS\Futal NSP Subrecipient Agreement - Boynton Beach CRA cican.doc Last saved by swansonl 6/23/20105 3557 PM, 6/22/2010 11 51 AM, 6/22/2010 4 27 PM BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A WORK NARRATIVE THE AGENCY AGREES TO: A. PROFESSIONAL SERVICES: The Agency shall advertise and procure the services of an engineering or architectural consultant for this project to provide design services to create plans and specifications for the below described improvements to the Ocean Breeze site. The consultant and/or CRA staff shall provide construction management services, prepare bid specifications, obtain and review bids, prepare contract documents, inspect work in progress, recommend payment to contractor and provide other professional services customarily provided by similar professionals. The engineering or architectural consultant for this project shall also provide appropriate certifications required upon completion of the project. The cost for engineering or architectural services shall not be paid from NSP funding under this agreement CONSTRUCTION OF IMPROVEMENTS: Upon completion of engineering designs and specifications, the Agency shall procure the services of a general contract to construct the required improvements to the site. The procurement process of the general contractor shall incorporate any subconsultants which shall be funded under the contract. (Note: The contractor's compensation shall not be based on "a percentage of 'construction- costs, nor -a- cost plus percentage of cost). (a) PRE- REQUISITE TO ADVERTISEMENT: Before advertising its Request for Bids for construction services, the Agency shall submit the following to CID and obtain CID's approval to proceed with such advertising: 1. A copy of the bid document that describes the scope of work, that contains the public entity crimes statement required by F.S. 287.133, that contains all factors to evaluate respondents and their relative importance /weight, and documentation showing that ranking forms reflecting the evaluation factors have been developed and that a written method for conducting evaluations and selecting firms have been developed. (b) PRE - REQUISITE TO CONTRACT AWARD: After advertising its bid, evaluating proposals, the Agency shall obtain CID's approval paior to awarding the contract for construction services to be funded through this Agreement. In this regard, the Agency shall provide a letter to CID transmitting the following: 1. A copy of the RFP's public notice (allowing a minimum of 12 days to respond) as published in a newspaper of regional circulation, with the newspaper's affidavit of publication. S,1CAAAGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doo 18 Last saved by swansonl 6!23/20105:35:57 PM, 6/22/2010 11:51 AM, 6/22/2010 4:27 PM 2. A list of entities to whom a notification of the bid was provided 3. A list of firms that submitted bid proposals. 4. A copy of the completed evaluation/ranking forms, including any ranking summary document. 5. A copy of the completed Cost Summary for Negotiated Contracts form, for the selected contractor. 6. A copy of the Truth -in- Negotiation certificate signed by the contractorfor contracts over $150,000. 7. A statement advising if protests were filed and a copy of each protest and documentation of its resolution. The construction contract shall contain all clauses required by 24 CFR 85; including remedies for breach of contract, termination for cause and termination for convenience, access by the Agency, U.S. Comptroller General, U.S. HUD, the State, and their authorized representatives to the firm's records related to the contract, and a requirement for retention, by the firm, of all records related to the contract for 3 years after final payment. Additionally, a contract price adjustment clause if the firm executed a Truth -in- Negotiation certificate (see above). After awarding the contract for construction services, the Agency shall obtain CID's approval prior to executing any change orders to such contract: Furthermore, after awarding such contract, the Agency shall provide CID with a copy of the executed contract and the Agency's Board - of Directors minutes dealing with contract award. Finally, in the instance where the Agency desires to award a contract for construction services in excess of $25,000, and where one firm only responded to the bid and was considered for award, the Agency, through CID, shall comply with the State's requirements for pre - approval of contract award. (c) PRE - REQUISITE TO INITIATION OF SERVICES AWARDED: The Agency shall obtain CID's approval prior to authorizing the contractor to begin the Bork. B. PROJECT SCOPE: The scope of this project subject to NSP funding availability shall include the following items all undertaken at the Agency's property, for the project known as Ocean Breeze, located on Seacrest Blvd. between Northwest 7 and 8 Streets in Boynton Beach, Florida. Legal Description attached as Exhibit "E" • Supply and install physical infrastructure improvements, including, but not limited to streets, sidewalks, water lines, sewer lines and street lighting; • Supply surveying, engineering, and other professional services related to the improvements. • Supply and install the above and any other improvements that will facilitate the construction of single family housing on the site. 19 S:1CAIAGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean doc Last saved by swansonl 6/23/20105 PM, 6/22/2010 11:51 AM, 6/22/2010 4.27 PM NOTE 1: Construction work that has been approved for bidding by CID shall be advertised for bid for a period of not less than twelve (12) days; NOTE 2: The Agency shall prioritize the work in the project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget provided that the extent of work awarded will result in functioning improvements in the opinion of CID. NOTE 3: Should the construction contract amount for this project exceed the amount to be funded by the City for construction costs through this Agreement, then the Agency shall fund all amounts in excess of the amount to be funded by the City. NOTE 4: The Agency shall not request reimbursement from CID for materials or equipment received and stored on the project site or elsewhere. The Agency shall only request reimbursement for materials and equipment that have been installed. NOTE 5: Upon completion of the project, the Agency shall cause its architectural/engineering consultant to provide CID a written certification. Such certification shall indicate that the project has met the specifications of the design, as may have been amended by change order, and the date of completion of construction. The Agency further agrees that CID, in consultation with any parties it deems necessary, shall be the final arbiter on the Agency's compliance with the above. C. DAVIS -BACON ACT: The Agency shall obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The Agency shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis -Bacon Act in its construction bid solicitation and contract. D. BONDING REQUIREMENTS: The Agency shall comply with the requirements of OMB Circular A -110 and 24CFR Part 84 in regard to bid guarantees, performance and payment bonds. E. CONSTRUCTION PAYMENT RETAINAGE: The Agency shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the project. The Agency agrees not to release such retainages until it has obtained approval from CID that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be September 30, 2012. G. REPORTS: The Agency shall submit to CID reports as described below: (a) MONTHLY REPORT: The Agency shall submit to CID detailed monthly - progress reports in the form provided as Exhibit B to this Agreement. Each report must account for the total activity for which the Agency is funded under this S :ICAIAGMTS1Final NSP Subrecipient Agreement - Boynton Beach CRA cican.doc 20 Last saved by swansonl 6/23/20105:35:57 PM, 6/22/2010 11 :51 AM, 6/22/2010 4:27 PM Agreement. The progress reports shall be used by CID to assess the Agency's progress in implementing the project. (b) SEMI - ANNUAL REPORT: The Agency shall submit to CID detailed semi- annual reports in the format provided by CID. (c) OTHER REPORTS: The Agency agrees to submit to CID any other reports required in connection with activities undertaken through this Agreement including, but not limited to, reports associated with Section 3. SECTION 3 REQUIREMENTS: The Agency agrees to comply with all Section 3 requirements Applicable to contracts funded through this Agreement. Information on Section 3 is available at CID upon request. The Agency shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to- include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or 2" S:\CAIAGMTS\FIna1 NSP Subrecipicnt Agreement - Boynton Beach CRA clean.doc Last saved byswansonl 6/23/20105:35 PM, 6/22/2010 11:51 AM, 6/22/2010 4 27 PM knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. THE CITY AGREES TO: A. Provide funding for the above specified improvements as described above in "Project Scope during the term of this Agreement, in the amount of $400,000 in NSP funding. However, the City shall not disburse any funding for the construction work until the Agency provides documentation showing that sufficient funds are available to complete the specified improvements. B. Provide project administration and inspection to the Agency to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and City laws and regulations. C. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify' the accuracy of reporting to CID on program activities. D. The City shall perform an environmental review of the project and review and approve bid information for the work. The City shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. The City shall review requests by the Agency for expenditures on the above items prior to undertaking the services associated with them, and approve any such expenditure it deems appropriate for this project. S:1CA\AGMTS \Final NSP Subrccipicnt Agreement - Boynton Beach CRA clean.doc 22 Last saved by swansonl 6/23/20105:35'57 PM, 6/22/2010 11:51 AM, 6/22/20104:27 PM BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY EXHIBIT B LETTERHEAD STATIONERY To Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod EXHIBIT C CITY OF BOYNTON BEACH - DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION POLICY GUIDELINES FOR NEIGHBORHOOD STABILIZATION PROGRAM - OWNERSHIP I. Program Description The "Neighborhood Stabilization Program" (NSP) is designed to improve neighborhoods by reducing the number of abandoned and foreclosed homes. The N6N- PROFIT DEVELOPER will identify and take title to the NSP Homes. The NON - PROFIT DEVELOPER will rehabilitate the NSP Homes sell them to Eligible Families. II. Definitions "Broker" means an individual who possesses a real estate broker's license and has been hired by or contracted by NON - PROFIT DEVELOPER to identify the homes that will be purchased with Neighborhood Stabilization Program funds. "CDBG" means the Community Development Block Grant "Construction" means the construction of a new home or the rehabilitation of an existing home. "CITY" means The City of Boynton Beach "Developer's Fee" means the payment to the Non - Profit Developer as defined in Section VI of these guidelines. "Development Director" means the Director of the Development Department or designee. "Eligible Family" means a family who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of these guidelines. "Eligible Neighborhood" means an area where Neighborhood Stabilization Grant funds may be used to purchase homes as identified in the Neighborhood Stabilization Grant application that was approved by the Department of Housing and Urban Development. "Low Income Eligible Family" - means a family with an income less than 50% of the Area Median Income as determined by HUD and who is eligible to participate in the Neighborhood Stabilization Program as defined in Section X of these guidelines. "NON- PROFIT DEVELOPER" means a non- profit entity that has been approved to participate in the Neighborhood Stabilization Program as designated in Section V of these guidelines. "NSP" means the Neighborhood Stabilization Program. "NSP Home" means an abandoned or foreclosed home, condominium or townhome purchased with Neighborhood Stabilization Program funds. "CID" means the Boynton Beach Community improvement Division. "Seller" means the current owner of an abandoned or foreclosed property being acquired as an NSP Home. "Subsidy" means the amount of NSP funds that are used by the CITY to make the NSP Home affordable to an Eligible Family. Subsidy may include the Down Payment Assistance, Closing Costs and any grant funds provided to the Community Improvement Division of The City of Boynton Beach. in cases where the applicant receives a 0% interest rate loan, the net present value of the 0% loan will be Subsidy. The 60 day delivery rate for FNMA for a 30 year mortgage will be used to calculate the net present value of the interest rate, "Current Market Appraisal Value" means the value of a foreclosed upon home that is established through an appraisal made by a qualified appraiser and completed within 60 days after the final offer is made to purchase the property. Ill. Eligible Uses of NSP Funds NSP Funds may be used for the following eligible uses: 1. Acquisition of foreclosed or abandoned homes. 2, Construction costs including the installation of energy conservation improvements. 3. Developer's Fees. 4, Soft costs, such as appraisals, surveys and all other due diligence investigations. 5. Closing costs associated with the sale. 6. Other eligible uses as approved by the Community Development Manager. All NSP funds must be spent in compliance with NSP and CDBG rules and regulations. iV. Maximum investment Per Unit The maximum amount of NSP funds that may be spent on any one NSP Home will be consistent with the City's Local Housing Assistance guidelines, plus the developer fee as described in Section VI. V Maximum Sales Price The maximum sales price of NSP homes shall be no more than the cost to acquire and redevelop or rehabilitate the home or property up to the standards established by CiTY. VI, Non - Profit Developers The City Commission of the City of Boynton Beach is authorized to designate a non- profit agency as a NON - PROFIT DEVELOPER if it meets the following conditions: 1. It must have received a tax-exempt ruling from the Internal Revenue Service under Section 501(c) (3) or (4) of the Internal Revenue Code. 2. It must have financial accountability standards that permit The City of Boynton Beach to account for and audit the awarded funds. 3. It must have a "Certificate of Good Standing" from the Florida Division of Corporations. The NON - PROFIT DEVELOPER will be required to perform the following services: 1. Obtaining title to the NSP Home directly from the Sellerb- either a. Purchasing the - here- dlreefl -seller Boynton -Beac1 -o# 2. • If the NSP Home is to be rehabilitated, in coordination with CID staff, determining the repairs that will be needed on the NSP Home. 3. Selecting and managing the construction contractor. The NON - PROFIT DEVELOPER must make sure that the contractor costs are reasonable and in compliance with federal law. The NON - PROFIT DEVELOPER will, in conjunction with CID staff, be expected to conduct regular inspections during the construction to insure that all repairs meet the City of Boynton Beach's Rehabilitation Standards. 4. Receiving invoices from the contractor, making sure that all requested payments are for completed work and submitting payment requests to the CID. 5. Keeping the lot mowed and the exterior landscaping maintained. 6. Paying the costs on the NSP Home while the NON - PROFIT DEVELOPER owns the property including the cost of the utilities, taxes and insurance. 7. Identifying the Eligible Family that will purchase the NSP Home and verifying that they meet the income and other eligibility requirements of the NSP program. 8. Working with the Eligible Families to resolve any credit issues and making sure that they qualify for a first mortgage on the NSP Home. 9. Identifying a suitable lender who will make the first mortgage on the NSP Home. The NON - PROFIT DEVELOPER should identify a lender that will provide the best financing for the Eligible Family taking into account the mortgage rate and other fees charged by the financial institution. 10. Arranging for and coordinating the sale of the NSP Home. 11. Insuring that the Eligible Family is aware of a tax benefits that the Eligible Family may be eligible to receive. The NON- PROFIT DEVELOPER will be required to maintain detailed financial and program records related to the Acquisition, construction and Sale of the NSP Property to both insure that the CITY is in compliance with all CDBG and NSP rules and regulations and to allow the CITY to evaluate bosh the performance of the NON - PROFIT DEVELOPER and the NSP Program. VII. Developer's Fee In recognition that the NON - PROFIT DEVELOPER will incur expenses for the services contained in Section V, the CITY will pay the successful NON - PROFIT DEVELOPER a Developer's Fee. The Developer's Fee for each NSP Home will be an amount not to, I exceed thirteen percent (13%) of the total development cost. The Developer's Fee will be distributed as follows: Amount paid at closing when the NON - PROFIT DEVELOPER obtains title to the NSP Home - thirty three percent (33 %) of the Developer's Fee. Amount paid when the NSP Home is sold to and when title Transfers to an Eligible Family - the remaining sixty seven percent (67%) of the Developer's Fee. Any Realtor's fee paid by the NON - PROFIT DEVELOPER on the sale of the NSP Home must be paid from the Developer's Fee. The NON - PROFIT DEVELOPER has the option to accept or decline the Developer's Fee. VIII. Acquisition of NSP Homes The NON - PROFIT DEVELOPER will identify the homes that will be purchased with NSP funds. All NSP Homes must be located in an Eligible Neighborhood and will be selected based upon the following principles: 1. The proximity to employment opportunities. 2. The proximity to public transportation. 3. The proximity to needed commercial centers. 4. The housing cost to the end user - including whether the unit has access to public water and sewer 5. The discount from market value offered by the lender I 6. The home will be located in the Northwest and Northeast Quadrants of the City ( "Eligible Neighborhood") The NON - PROFIT DEVELOPER must have a current appraisal (not more than 60 days old) before making a final offer to purchase a NSP Home. The amount paid for each NSP Home must be at a discount consistent with federal law. The property acquisition must be made in conformance with federal law and the NON- PROFIT DEVELOPER must disclose the appraisal amount, the amount of the offer and inform the seller that if the NON- PROFIT DEVELOPER is unable to agree on a purchase price that the CiTY will not attempt to acquire the property through the use of eminent domain. NSP Homes more than 50 years old must be submitted to the State Housing Preservation Officer to determine if they are eligible to be placed on the Federal Historic Register. NSP Homes built before 1978 must be analyzed to determine what actions may be necessary to comply with the federal lead based paint regulations. The seller of each NSP home must certify that they complied with the Tenant Protection Provisions applicable to the NSP program. No NSP Home may be purchased from the person or entity That will develop the property or any person or entity related thereto IX Acquisition by Non - Profit Developers The NON - PROFIT DEVELOPER wilt take title to the NSP Home using NSP grant funds for the amount negotiated. The NON - PROFIT DEVELOPER must demonstrate that It has the capability to receive the NSP Home. Prior to taking title to any NSP Home, the NON - PROFIT DEVELOPER must submit ( to the Community Development Manager the following information: 1. A marketing plan describing how the NSP Home will be sold. 2. A project schedule showing that the NSP Homes will be rehabilitated and sold within 12 months. 3. A detailed budget for the project that includes all anticipated costs of the project including the acquisition, construction and closing costs. X. Construction Management The NON - PROFIT DEVELOPER will be responsible for the award and administration of the construction contract. The NON - PROFIT DEVELOPER shall take all necessary affirmative steps to assure that small firms, minority owned firms, women owned firms, and labor surplus area firms are used when possible. Affirmative steps shall include: i . Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2, Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; 5. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. in conformance with the requirements of Section 3 of the Housing and Community Development Act of 1968, to the greatest extent feasible, the NON - PROFIT DEVELOPER must award contracts for work to be performed to eligible business concerns located in or owned by residents of the NSP target area to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are recipients of governmental assistance for housing. The NON - PROFIT DEVELOPER will select the contractor from the City of Boynton Beach's approved contractor list. Prior to entering into contract with the selected contractor, the NON- PROFIT DEVELOPER must submit the name of the contractor and any other information needed by CID to determine if the contractor has been barred from participating in any federal program. The NON - PROFIT DEVELOPER must demonstrate that the amount being paid to the selected contractor is reasonable. The NON - PROFIT DEVELOPER will execute all construction contracts and sign a Notice of Commencement for the NSP Home. All requests for payment from the contractor must be initially submitted to the NON- PROFIT DEVELOPER for payment. The NON - PROFIT DEVELOPER, in conjunction with CID staff, will inspect the construction work, make decisions on the quality of work and recommend the approval of all construction payments. CID staff will also inspect the property and approve all payments. If CID does not authorize a payment, if will notify the NON - PROFIT DEVELOPER. Partial payments for completed work shall have a 10% construction holdback. Prior to making any final payments, Tien releases must be received from the contractor, all subcontractors and any business that has provided materials and who has filed a Notice to Owner and alt building permits must have been closed out by the local jurisdiction. XI. Eligible Families To be an Eligible Family a household must meet the following requirements: 1. Each member of the household must be a U.S. Citizen or permanent resident alien. 2. The household must have an income at or below 120% of the County Median Income, as adjusted by family size as determined by the regulations governing the CDBG program. 3. The household must have qualified for a first mortgage loan from a mortgage lender to purchase the NSP Home. 4. The head of household must have attended and completed an 8 hour qualified community homebuyer education class presented by a HUD approved counseling service. 5. The household must begin living in the NSP home within 30 days after closing The NON - PROFIT DEVELOPER will take applications from households that want to be designated as an Eligible Family. The NON - PROFIT DEVELOPER will collect and verify the income and assets of the household as well as any other information necessary to determine if the household is qualified to be an Eligible Family and submit that information to CID. The final determination of whether a household is an Eligible Family will be made by C1D. XII. Purchase of NSP Homes by Eligible Families The NON - PROFIT DEVELOPER must sell all NSP Homes to Eligible Families that have incomes at or below 120% of the County Median Income, as adjusted by family size, however priority is to be given to families with incomes less than 80% of the County Median Income, as adjusted by family size. The NON - PROFIT DEVELOPER will select the Eligible Family that will purchase the NSP Horne using its written criteria provided it is consistent with the NSP regulations. All properties must be sold to an Eligible Family for an amount equal to or less than the cost to acquire and any construction costs on the NSP Home. The actual sales price for any NSP Property will be the lesser of the aggregate of ail costs of acquisition, construction and redevelopment (including related activity delivery costs, which generally include, among other things, costs related 10 the sale of the property} and the appraised value after construction is completed. All NSP Homes receiving subsidy under this program must ensure long term affordability by using one of the following recapture or resale mechanisms. XIII. Special Financing for Low Income Families To meet the NSP Very Low Income requirement, the CITY may provide first mortgage financing to very low income families at an interest rate of three percent (3%) for a term of up to thirty (30) years. The NON - PROFIT DEVELOPER will service the loan and may charge a monthly servicing fee of ten percent (10 %) of all funds collected. Financing for low income families may be provided in the form of first and second mortgages when necessary. The second mortgage subsidy will be a zero interest (0%) loan for term of thirty (30) years. The assistance may be a third mortgage if the family receiving other down payment assistance from the State of Florida or Department of Housing and Urban Development with program rules requiring that it be placed in the second lien position. Repayments will be deferred until the NSP home is sold, transferred or no longer occupied as the primary residence of the applicant. If the home remains the primary residence of the applicant for the term of the mortgage, the full amount of the subsidy will be forgiven. XIV. Appeal Process The NON - PROFIT DEVELOPER or an Eligible Family may appeal a decision of the Community Improvement Division regarding the interpretation of these guidelines to the City's Development Director,GtTY or his authorized representativeAd ignee. The formal appeal must be submitted in writing and received no later than 30 days after the decision. The formal appeal must contain the following information: 1. The name, address, and telephone number of the person and agency requesting the appeal. 2. A detailed statement of the alleged factual or legal errors made by the 1 Community Improvement DivisionDevelopment- Dirk -ter. 3. The form of relief requested. 1 The decision of the City's Development Director, aintstrator or designee Is final. and may not be further appealed. XV. Termination of Awards In the event the NON - PROFIT DEVELOPER is unable to meet the timeline for the use of NSP funds as out tined in its project schedule in Section VIII or is unable to use the funds for 1 eligible activities, the P= = ==••=' = - o un't Devel.pment Manager may terminate any unused funding to the NON - PROFIT DEVELOPER and take action to recover any NSP funds that may have been previously disbursed to the NON - PROFIT DEVELOPER. Prior to faking this action, written notice must be provided to the NON- PROFIT DEVELOPER and the NON - PROFIT DEVELOPER must be given a period of time to 1 correct the problem. In addition, the Community Development } Manager must attempt to meet with the head of the NON - PROFIT DEVELOPER and offer technical assistance to assist the NON - PROFIT DEVELOPER to meet the requirements of the program. XVt. Administration of the Program The CID Manager will administer the Program consistent with these policies. In the event an affected party believes that the Develepr ent- DirecterCommunify Development Manager or CID is not interpreting these policies correctly, the affected party must request a meeting with the Development- DirecterCommunity Development Manager to discuss and seek resolution of the conflict. If, following a meeting with the Community Development Manager, the issue remains unresolved; the affected party will have the ability to appeal the Development Director's decision as provided in Section XII. XVII. Conflicts with Federal Law In the event these policies are found to conflict with Federal law or the rules of the Department of Housing and Urban Development (HUD ), now or in the future, the Federal law or rules of HUD will take precedence. The rCommunity_ Development Manager is delegated to amend these policies to the extent necessary to make these policies consistent with federal law or the rules of HUD. Within five working days of making any changes to these policies, the Community Development Manager must notify the CITY Administrator, or designee with a description of the changes made to these policies and the reason for any changes. EXHIBIT "D" PALM BEACH COUNTY INCOME GUIDELINES 2010 MEDIAN = $67,600.00 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely Low - Income 30% 515,400 517,600 519,800 522,000 523,800 S25,550 $27,300 529,050 Median Very Low - Income 525,700 529,400 $33,050 $36,700 $39,650 542,600 545,550 548,450 50% Median Low - Income 541,100 547,000 $52,850 558,700 563,400 568,100 572,800 577,500 80% Median Moderate Income 561,680 570,560 579,320 588,080 595,160 5102,240 5109,320 5116,280 120% Median t � /1 A RO47?C1`4 OF R.00 C 0 ThE PLAT OF ,LgOYNTC71 \! NUS,. BOYNTCEN 8EACf'4 PALM WACO,' CCCI L+, TY. FLO 7A, AC O W ) 7? E PL.# T 71 ? F AS .Y/ P A r B00F: 4, PAGE 5J OF' TAE• P1A .rC r?E:iG`OROS OT PALM' COLovrn RiO4. DES CREED AS F .LOVE 0044€1, AT 1 7.1 /• RT -FA$T CORNER CORP Cr LOT (47 OF SAD 6L'' O t a ✓ OE SCX./T,' ASSL €t ALGi' 7."4-E EAST LAE OF SASS LOT $47, A a5TAh Or' 2t1047 gEET 7O 174 0004 CF RErgeteMa 7}E7',C.E =d7?►\C,E $oc •4LOW 7 ?i EAST L E °,A0 BLOCK C, 22a5B FEET TO '}£ 5O07f$AST CCM.flR Q= LOT t34 .0r* SAO BOCK CZ Try" WEST AL.00a '?�£ SItn7r £A 0 4 LOT 134 A DS7A.'� GTE' R7o FEET TO M£' EAST LAS Or LOTS 735 r;AO Y35 O< SAIL Ele.CA"A' C„` MAFINCE ALONG 540 EAsr L ++E' AAO 7?E sairremLr PPCX.a.rrecrycw rhEREDF. 9 89 FEET TO 7 ''E a ..A' {? GRAN CYCLE 7 . &E A CU 'vE C"OWA 4E SaiTh ►1 57ERL Y /-24 i.At; A RAD.LE OF 59:65 `'EET, (.A LAS RAD'AL TO $40 Ci ?'JE a 4 A$ N r0.057 T?e7CE +` ?7' -4*7 �= ALONG 7)-E' ARC Cr SAD CURVE 5012 FEE. 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AST f 0 540 R-OCK C, A C, TA/1•E '_' O20..00 FEET TO T'£ 1 1 RESOLUTION R1010 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT 5 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY WHICH SPELLS OUT THE e OBLIGATIONS OF THE PARTIES AND THE TIMELINES THAT 9 MUST BE MET IN ORDER TO COMPLY WITH THE 10 REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION 11 PROGRAM; AUTHORIZING EXECUTION OF BOTH BY THE 12 MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, on May 18, 2010 the City Commission approved Resolution R10 -059 17 amending the City of Boynton Beach's Community Development Block Grant (CDBG) 1s Substantial Plan Amendment, approving an Interlocal Agreement between the City of 19 Boynton beach and the Boynton Beach Community Redevelopment Agency; and 20 WHEREAS, $400,000 was set aside for the Community Redevelopment Agency to 21 provide a subsidy to leverage funds for first time home buyers in the project known as Ocean 22 Breeze; and 23 WHEREAS, The Boynton Beach CRA now proposes to use the NSP funds to provide 24 a project subsidy for the eligible families through the development of infrastructure 25 improvements such as roads, sidewalks, platting, underground utilities, and lighting in support 26 of the construction of 20 single family houses on the site; and 27 WHEREAS, In order to ensure compliance with the NSP obligation deadlines and 28 avoid loss of the NSP funding and associated benefits to Boynton Beach residents, the CRA 29 must develop a site plan and infrastructure contractor prior to August 30, 2010; and S;1CA1RES01AgreernenuReso - unendman to ILA with CRA for NSP.doc 1 i 1 I 1 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 2 interest of the citizens and residents of the City to approve the amendment to the Interlocal p 3 Agreement between the City of Boynton Beach and the Boynton Beach Community 4 Redevelopment Agency. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 8 being true and correct and are hereby made a specific part of this Resolution upon adoption 9 hereof. 10 Section 2. The City Commission does hereby approve of the amendment Interlocal 11 Agreement between the City of Boynton Beach and the Boynton Beach Community 12 Redevelopment Agency, a copy of which is attached hereto as Exhibit "A ". 13 Section 3. The City Commission does hereby authorize the Mayor and City Clerk 14 to execute the amendment to the Interlocal Agreement between the City of Boynton Beach 15 and the Boynton Beach Conununity Redevelopment Agency. 16 Section 4. This Resolution will become effective immediately upon passage. 17 ► x [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S: lCA %RESOtAgreementARaso- amendment to ILA with CRA for NSP.doo 2 11 1 1 2 PASSED AND ADOPTED this bAlay of July, 2010. 3 4 CITY • BOYNTON BEACH, FLORIDA 5 6 7 Mayor — Jos 10 Vi • / • r ene Ross It 12 13 ' ommif loner — ` illiam Orlove IS 16 CO •' ; sio, — Woodrow H 17 ATTEST: Ate 18 19 Commission — S ven'Holanan 20 . • 21 M. Prainito, MMC 22 Clerk 23 24 25 ( 7 -1 1 26 G U I T ) N �' S•1CAIRESOMAgreementaRuo • amendment to ILA with CRA for NSP.doe 3 mss,. ,„„ Y T � Bo N o N =BEACH CRA BOARD MEETING OF: June 12, 2012 1 Consent Agenda X 1 Old Business 1 New Business 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Request by Habitat of Humanity to Extend Development Timeline for 4 Lots in HOB SUMMARY: The CRA and Habitat for Humanity of South Palm Beach entered into a Development Agreement on November 9, 2010 (See Attached) for the development of 4 single - family Tots. Habitat was unable to find buyers for the Tots due to their location and Habitat requested a time extension until October 2012 to build the homes. The Board approved an amendment to the Agreement on January 14, 2012 (See Attached). At this time, Habitat states that due to capital needs on the Ocean Breeze development, they cannot develop the four Tots (See Attached Letter). They are requesting an additional 12 months after October 2012 to complete the development of the 4 lots. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Staff recommends approval of Habitat's request. The timeline to complete the Ocean Breeze West project is mandated by HUD and is more intractable than the CRA's timeline for the 4 lots. Habitat will continue to maintain the 4 lots thus reducing the CRA's maintenance burden. The improvement that Ocean Breeze West will create in the neighborhood will create demand for more housing. Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Habitat 4 lots ext request doc 11111111111111111111111111111111111111111 ...:(0.100456b OR BK 24226 PC 02.2 RECORDED 12/01/2010 15 :14:58 Palm Beach County, F1orIda Sharon R. Bock, CLERK b COMPTROLLER DEVELOPMENT AGREEME. 224 - 234; 1 I pqe . This Development Agreement (hereinafter "Agreement ") is made and entered on this / day of 1U9vCaeIer - , 2010 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC ,heremaftel "DEVELOPER "), having an address of 181 SE 5 Avenue, Delray Beach. Florida, 33483 WHEREAS, on this date, CRA and DEVELOPER has entered into a Purchase and Sale Agreement (hereinafter the "Purchase Agreement ") by virtue of which CRA sells to DEVELOPER four (4) parcels of real property located in the City of Boynton Beach and more particularly described in Exhibit "A" (hereinafter the "Property") for the sole purpose of developing, constructing, marketing and selling single family homes to first -time home buyers. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. Development and Sale of the Property. CRA and DEVELOPER acknowledge that the Property is being sold to DEVELOPER for construction of four (4) single family homes to be sold to families whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD. 2. Construction and Sale. DEVELOPER agrees to construct four (4) single family homes pursuant to the construction schedule and requirements provided herein DEVELOPER must construct all four (4) homes within twenty -four (24) months from the Closing Date set forth in the Purchase Agreement. Each home may not exceed a sale price of One Hundred Twenty Thousand and 00 /100 Dollars ($120,000.00). Each home must be sold to an income eligible first -time homebuyer, as defined by the City's SHIP guidelines) and must be occupied by the owner. DEVELOPER agrees to provide CRA a zero interest second purchase money mortgage in the amount of Twenty Thousand and 00 /100 Dollars ($20,000 00) as security for a subsidy loan for each Property, under the terms and conditions set forth in the Promissory Note and Second Mortgage attached hereto in Exhibit "B" in conjunction with the resale of the property to the home buyer at the time of their closing. 3 Construction Requirements The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified. a. Three (3) bedrooms with one (1) master bedroom b. Two (2) full bathrooms including one (1) in the master bedroom Boynton Beach CRA Development Agreement Page 2 of 7 c. The master bedroom must be a minimum of 13'x 14' and must contain a walk -in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entry way, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, self - cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room. h. Wiring for alarm system, cable, internet and phone. i. Window treatments must be mini - blinds or upgrade. j. Automated in- ground sprinkler system, including swale. k. One -car garage. 1. Impact - resistant windows (Dade County standards). m. Landscaping must exceed City of Boynton Beach code requirements. n. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ( "HOB ") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. 4. CRA Design Approval. CRA shall have the right to approve of the design of each home and such approval shall be provided in writing to DEVELOPER within three (3) business days of receipt of final plans. 5. Development Timeline. The following events must be documented in writing and provided to the CRA upon completion of each. Time is calculated from the Closing Date set forth in the Purchase Agreement. a. Completion of construction documents within six (6) months (stamped plans shall be submitted to CRA). b. Permitting and installation of project marketing sign (to include CRA'S logo and CRA board members' names) and shall be pre- approved by CRA within six (6) months. Boynton Beach CRA Development Agreement Page 3 of i c Construction permit for the first home to be issued within nine i 9) months. Copy of permit to be provided to CRA d. Commencement of construction within twelve (12) months (photographs of site and /or written description of progress to be provided to CRA) e. Qualification of Buyers within twelve (12) months (copy of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to CRA), f. Certificate of Occupancy to be provided within eighteen (18) months. g. Homes must be conveyed to buyers within twenty -four (24) months (copies of closing statement, proof of income qualification and executed deeds shall be provided to CRA). 6. Quit Claim Deed DEVELOPER hereby agrees to execute a Quit Claim Deed to CRA on the Closing Date set forth in the Purchase Agreement. If the timeline outlined in Section 5 above is not strictly met, and DEVELOPER has not provided CRA with a written notification as to the reason explaining the circumstances, not under the control of DEVELOPER, that have prevented DEVELOPER from meeting the timeline, then CRA shall record the Quit Claim Deed and property shall revert back to the CRA. CRA agrees to work reasonably with DEVELOPER in working within the timeframes set forth above, but DEVELOPER and CRA agree that time is of the essence. Furthermore. if each home is not sold to income - qualified buyers as defined herein, CRA shall record the Quit Claim Deed and the property shall revert back to CRA. If Property reverts to CRA, CRA shall complete the construction of the home and satisfy any outstanding construction loans held by DEVELOPER and shall reimburse DEVELOPER from the sale of the homes if there are sufficient funds at the time of sale. If the Property is developed and sold as outlined in this Agreement, CRA shall return the Quit Claim Deed to DEVELOPER 7. Recording of Agreement. DEVELOPER and CRA agree that this document shall be recorded in the Public Records of Palm Beach County. 8 MISCELLANEOUS. 8 I General This Agreement and any amendment hereto may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by parties. This Agreement sets forth the entire agreement between the parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous Boynton Beach CRA Development Agreement Page 4 of 7 negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 18.2 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. 18.3 Construction of Agreement. The parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. 18.4 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.5 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.6 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Boynton Beach CRA Development Agreement Page 5 of " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY �,. Witnesses: - Print Name: DIY! /it ' r _ ' Wr4 LS 14 By Jose Rodriguez, Chairman r Witnesses: — Print Name: Aril , /J r.p,- e — Date /7 - l� HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY. INC Witnesses: • Print Name: . �� By: r •r�� = «���� , President Witnesses: fit, Print Name. in tl\ tAi -\. ; Date: k Approved a to fgt and legal sufficiency Jameg Cherofjc A Attorney Boynton Beach CRA Development Agreement Page 6 of 7 Exhibit "A" Legal Description Parcel 1: Lot 114, Block B of BOYNTON HILLS, accordmg to the Plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number 08 -43- 45- 21 -07- 002 -1140 Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number: 08- 43- 45- 21 -04- 000 -0130 Parcel 3: Lot 164 of ARDEN PARK, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08- 43- 45- 21 -18- 000 -1640 Parcel 4: Parcel A: Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Flonda. Parcel B: The East one half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the Plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number. 08- 43- 45- 21 -22- 004 -0091, 08- 43- 45- 21 -22- 004 -0080 Boynton Beach CRA Development Agreement Page 7 of ry Exhibit "B" Promissory Note and Second Purchase Money Mortgage H \2010 \100536 \10 -10 -08 Development Agreement doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program PROMISSORY NOTE $20,000.00 Boynton Beach, Florida. , 2010 FOR VALUE RECEIVED, (the "Borrower ") promises to pay to the order of the Boynton Beach Community Redevelopment Agency, Florida public body corporate and politic created pursuant to Section 163.356 F.S., (the "Lender "), at 915 South Federal Highway, Boynton Beach, Florida 33435 or such other place as the Lender hereof may, from time to time, designated in writing, the principal sum of TWENTY THOUSAND AND 00 /100 DOLLARS ($20,000.00) together with interest, if any, the aforesaid principal sum as hereafter provided to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment under the following terms and conditions: 1. This is a zero interest deferred payment loan for a fifteen (15) year term, issued under the guidelines of the Homebuyer Assistance Program Agreement in connection with that certain Development Agreement by and between the Boynton Beach Community Redevelopment Agency and the Habitat for Humanity of South Palm Beach County, Inc. dated November _, 2010 (hereinafter the "Agreement ") 2 On this date, Borrower, a first -time homebuyer, is purchasing a real property located at , Boynton Beach, Florida (the "Property"), and the loan proceeds shall be applied to the purchase price of the Property. 3 Borrower shall occupy the Property as his/her principal residence at all times during the term of the Loan In the event the Property is leased, sub - leased or otherwise devised or assigned to any person or entity during the term of this Loan, then the principal shall become due and payable in full. Borrower shall repay the full value of the Note to Lender 4. Borrower shall submit proof of residency to the Lender annually by the anniversary date of the closing. 5 In the event of a voluntary sale or foreclosure, Borrower shall provide notice of same to Lender who shall have the right of first refusal to purchase the Property from the Borrower for the fair market value of the Property as determined by a current certified appraisal. Lender shall have forty-five (45) days from the date of receipt of intent to sell with a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Borrower (it being understood that Lender's purchase price shall be the lesser of that set forth in said appraisal or proposed contract). Such notice shall reserve thirty (30) additional days for Lender to complete all necessary preparations and close. 6. In the event Borrower elects to refinance the Property, Borrower shall repay the entire principal balance due to Lender. 7. Borrower shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant in this Note, the Mortgage and the Homebuyer Assistance Program Agreement executed by Borrower simultaneously herein 8. In the event, any sum or money herein referred is not promptly paid within thirty (30) days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said Agreement, Note and the Mortgage, are not fully performed, complied with and abided by, then the entire sum unpaid thereon, shall forthwith or thereafter, at the option of the Lender, become and be due and payable, anything Page 1 of 2 in said Note or herein to the contrary notwithstanding Failure by the Lender to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the mortgage accrued or thereafter accruing It is hereby agreed that in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note, or upon any default in the payment of any sum due by Borrower to Lender under any other promissory note, security instrument or other wntten obligation of any kind now existing or hereafter created; or upon the insolvency, bankruptcy or dissolution of the Borrower hereof, then, in any and all such events, the entire amount of principal of this Note with all interest then accrued, shall, at the option of the holder of this Note and without notice (the Borrower expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of any attorney at law for collection, and in that event, each party liable for the payment thereof, as Borrower, endorser, or otherwise, hereby agrees to pay the holder hereof, in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred After maturity or default, this Note shall bear interest at the highest rate permitted under then applicable law As to this Note and any other instruments securing the indebtedness, the Borrower severally waives all applicable exemption rights, whether under the State Constitution, homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Borrower. This Note is prepayable in whole or in part at any time without penalty Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operated as to require the Borrower, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Borrower, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder of the Borrower and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Borrower or any parties liable for the payment hereunder, he required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America and venue shall be in Palm Beach County, Flonda BORROWER: Name H \2010 \100536 \10 -1G -13 Promissory Note doe Page 2 of 2 This Instrument was Prepared By: Annabelle Barboza, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program SECOND PURCHASE MONEY MORTGAGE THIS SECOND PURCHASE MONEY MORTGAGE is made and entered into this day of , 2010 by , a man (hereinafter referred to as "Mortgagor ") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33444 (hereinafter referred to as "Mortgagee "). WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the "Note") dated of even date herewith, in the principal amount of TWENTY THOUSAND and 00 /100 DOLLARS ($20,000.00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest, and rights hereinafter described wtth such payment, performance and observance, and for and in consideration of the sum of Ten and no /100 ($10.00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and confirm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property "), more particularly described as follows: [LEGAL DESCRIPTION] Property Address: , Boynton Beach, Florida This is a Second Mortgage, subordinate and inferior to that certain First Mortgage in the principal amount of $ in favor of , dated and recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple; that Mortgagor has good right and lawful authority to convey said Property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced. AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either, to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property, to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time, to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus, to pay all costs, charges, and expenses. including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida IF any sum of money herein referred to be not promptly paid after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding- Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written Signed, sealed and delivered MORTGAGOR: in the presence of Name Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of 2010 by , who is personally known to me or has produced a Florida Driver's License as identification NOTARY PUBLIC H120101100536110-10 13 Second Mortgage doc 2of2 IiiilltWN11IININiiiiiiaaniuu1i1111 CFN 2010045669:3 OR BK 24226 PG 0224 RECORDED 12/01/2010 15:14358 Papa Beach County, Florida Sharon R. Bock, CLERK & CO![PTROLLER DEVELOPMENT AGREEMF4 224 - 234; (l ipge This Development Agreement (hereinafter "Agreement ") is made and entered on this 7 day of Mv+e„mIc -, 2010 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. (hereinafter "DEVELOPER "), having an address of 181 SE 5 Avenue, Delray Beach, Florida, 33483. WHEREAS, on this date, CRA and DEVELOPER has entered into a Purchase and Sale Agreement (hereinafter the "Purchase Agreement ") by virtue of which CRA sells to DEVELOPER four (4) parcels of real property located in the City of Boynton Beach and more particularly described in Exhibit "A" (hereinafter the "Property") for the sole purpose of developing, constructing, marketing and selling single family homes to first -time home buyers. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. Development and Sale of the Property. CRA and DEVELOPER acknowledge that the Property is being sold to DEVELOPER for construction of four (4) single family homes to be sold to families whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD. 2. Construction and Sale. DEVELOPER agrees to construct four (4) single family homes pursuant to the construction schedule and requirements provided herein. DEVELOPER must construct all four (4) homes within twenty -four (24) months from the Closing Date set forth in the Purchase Agreement. Each home may not exceed a sale price of One Hundred Twenty Thousand and 00 /100 Dollars ($120,000.00). Each home must be sold to an income eligible first -time homebuyer, as defined by the City's SHIP guidelines) and must be occupied by the owner. DEVELOPER agrees to provide CRA a zero interest second purchase money mortgage in the amount of Twenty Thousand and 00/100 Dollars ($20,000.00) as security for a subsidy ban for each Property, under the terms and conditions set forth in the Promissory Note and Second Mortgage attached hereto in Exhibit "B" in conjunction with the resale of the property to the home buyer at the time of their closing. 3. Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3) bedrooms with one (1) master bedroom. b. Two (2) full bathrooms including one (1) in the master bedroom. Boynton Beach CRA Development Agreement Page 2 of 7 c The master bedroom must be a minimum of 13'x 14' and must contain a walk -in closet d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entry way, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, self - cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room. h. Wiring for alarm system, cable, internet and phone t Window treatments must be mini - blinds or upgrade .1 Automated in- ground sprinkler system, including swale. k. One -car garage. 1. Impact- resistant windows (Dade County standards). m. Landscaping must exceed City of Boynton Beach code requirements n. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ( "HOB ") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs 4. CRA Design Approval. CRA shall have the right to approve of the design of each home and such approval shall be provided in writing to DEVELOPER within three (3) business days of receipt of final plans. 5. Development Timeline The following events must be documented In writing and provided to the CRA upon completion of each. Time is calculated from the Closing Date set forth in the Purchase Agreement. a, Completion of construction documents within six (6) months (stamped plans shall be submitted to CRA) b Permitting and installation of project marketing sign (to include CRA S logo and CRA board members' names) and shall be pre- approved by CRA within six (6) months. Boynton Beach CRA Development Agreement Page 3 of 7 c. Construction permit for the first home to be issued within nine (9) months. Copy of permit to be provided to CRA. d. Commencement of construction within twelve (12) months (photographs of site and /or written description of progress to be provided to CRA). e. Qualification of Buyers within twelve (12) months (copy of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to CRA). f. Certificate of Occupancy to be provided within eighteen (18) months. g. Homes must be conveyed to buyers within twenty -four (24) months (copies of closing statement, proof of income qualification and executed deeds shall be provided to CRA). 6. Quit Claim Deed. DEVELOPER hereby agrees to execute a Quit Claim Deed to CRA on the Closing Date set forth in the Purchase Agreement. If the timeline outlined in Section 5 above is not strictly met, and DEVELOPER has not provided CRA with a written notification as to the reason explaining the circumstances, not under the control of DEVELOPER, that have prevented DEVELOPER from meeting the timeline, then CRA shall record the Quit Claim Deed and property shall revert back to the CRA. CRA agrees to work reasonably with DEVELOPER in working within the timeframes set forth above, but DEVELOPER and CRA agree that time is of the essence. Furthermore, if each home is not sold to income - qualified buyers as defined herein, CRA shall record the Quit Claim Deed and the property shall revert back to CRA. If Property reverts to CRA, CRA shall complete the construction of the home and satisfy any outstanding construction loans held by DEVELOPER and shall reimburse DEVELOPER from the sale of the homes if there are sufficient funds at the time of sale. If the Property is developed and sold as outlined in this Agreement, CRA shall return the Quit Claim Deed to DEVELOPER 7. Recording of Agreement. DEVELOPER and CRA agree that this document shall be recorded in the Public Records of Palm Beach County, 8. MISCELLANEOUS. 8.1 General. This Agreement and any amendment hereto may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by parties. This Agreement sets forth the entire agreement between the parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous Boynton Beach CRA Development Agreement Page 4 of 7 negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 18.2 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions 18.3 Construction of Agreement. The parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. 18.4 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement 1 8 5 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs. including those at the appellate level, shall be awarded to the prevailing party. 18 6 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement Boynton Beach CRA Development Agreement Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY Witnesses: • L Print Name: j/UtA ' �� t,a,q LS By: Jose Rodriguez, Chairman Witnesses: , Print Name: l ,�: •. Date: // - l� HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. Witnesses:, •y j�`s�� Print Name:' By: President earl- - Rtii4:13Leco.. Witnesses: �.,j�' Print Name: ffl i k1 11A Date: (I —14 — Approved a to f• m and legal sufficiency: j i Jame 'A. Chero IF • Attorney Boynton Beach CRA Development Agreement Page 6 of Exhibit "A" Legal Description Parcel 1: Lot 114, Block B of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Flonda Parcel Identification Number: 08- 43- 45 -21 -07 -002 -1 140 Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number 08- 43- 45- 21 -04- 000 -0130 Parcel 3: Lot 164 of ARDEN PARK, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida Parcel Identification Number 08- 43- 45- 21 -18- 000 -1640 Parcel 4: Parcel A Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH. FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida Parcel B The East one half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the Plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida Parcel Identification Number 08- 43- 45- 21 -22- 004 -0091, 08- 43- 45- 21 -22- 004 -0080 Boynton Beach CRA Development Agreement Page 7 of 7 Exhibit "B" Promissory Note and Second Purchase Money Mortgage 1-1 \ \I00536\ 10 -10 -08 Development Agreement doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program PROMISSORY NOTE $20,000.00 Boynton Beach, Florida. . 2010 FOR VALUE RECEIVED, (the "Borrower ") promises to pay to the order of the Boynton Beach Community Redevelopment Agency, Florida public body corporate and politic created pursuant to Section 163.356 F.S., (the "Lender "), at 915 South Federal Highway, Boynton Beach, Florida 33435 or such other place as the Lender hereof may, from time to time, designated in wasting, the principal sum of TWENTY THOUSAND AND 00 /100 DOLLARS ($20,000 00) together with interest, if any, the aforesaid principal sum as hereafter provided to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment under the following terms and conditions. 1 This is a zero interest deferred payment loan for a fifteen (15) year term, issued under the guidelines of the Homebuyer Assistance Program Agreement in connection with that certain Development Agreement by and between the Boynton Beach Community Redevelopment Agency and the Habitat for Humanity of South Palm Beach County, Inc dated November _, 2010 (hereinafter the "Agreement ") 2 On this date, Borrower, a first -time homebuyer. is purchasing a real property located at , Boynton Beach, Florida (the "Property"), and the loan proceeds shall be applied to the purchase price of the Property 3 Borrower shall occupy the Property as his/her principal residence at all times during the term of the Loan In the event the Property is leased, sub - leased or otherwise devised or assigned to any person or entity during the term of this Loan, then the principal shall become due and payable in full Borrower shall repay the full value of the Note to Lender 4 Borrower shall submit proof of residency to the Lender annually by the anniversary date of the closing 5 In the event of a voluntary sale or foreclosure, Borrower shall provide notice of same to Lender who shall have the right of first refusal to purchase the Property from the Borrower for the fair market value of the Property as determined by a current certified appraisal Lender shall have forty -five (45) days from the date of receipt of intent to sell with a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Borrower (it being understood that Lender's purchase price shall be the lesser of that set forth in said appraisal or proposed contract) Such notice shall reserve thirty (30) additional days for Lender to complete all necessary preparations and close 6 In the event Borrower elects to refinance the Property, Borrower shall repay the entire prmcipal balance due to Lender 7 Borrower shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant in this Note, the Mortgage and the Homebuyer Assistance Program Agreement executed by Borrower simultaneously herein 8 In the event, any sum or money herein referred is not promptly paid within thirty (30) days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said Agreement. Note and the Mortgage, are not fully performed, complied with and abided by, then the entire sum unpaid thereon, shall forthwith or thereafter, at the option of the Lender, become and be due and payable, anything Page 1 of 2 in said Note or herein to the contrary notwithstanding. Failure by the Lender to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the mortgage accrued or thereafter accruing. It is hereby agreed that in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; or upon any default in the payment of any sum due by Borrower to Lender under any other promissory note, security instrument or other written obligation of any kind now existing or hereafter created; or upon the insolvency, bankruptcy or dissolution of the Borrower hereof; then, in any and all such events, the entire amount of principal of this Note with all interest then accrued, shall, at the option of the holder of this Note and without notice (the Borrower expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of any attorney at law for collection, and in that event, each party liable for the payment thereof, as Borrower, endorser, or otherwise, hereby agrees to pay the holder hereof, in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. After maturity or default, this Note shall bear interest at the highest rate permitted under then applicable law. As to this Note and any other instruments securing the indebtedness, the Borrower severally waives all applicable exemption rights, whether under the State Constitution, homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Borrower. This Note is prepayable in whole or in part at any time without penalty. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operated as to require the Borrower, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Borrower, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder of the Borrower and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Borrower, or any parties liable for the payment hereunder, be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Flonda and the United States of America and venue shall be in Palm Beach County, Florida. BORROWER: Name H12010\100536\10-10-13 Promissory Note doe Page 2 of 2 This Instrument was Prepared By: Annabella Barboza, Esquire GOREN, CHEROF, DOODY & EZROL, P A 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program SECOND PURCHASE MONEY MORTGAGE THIS SECOND PURCHASE MONEY MORTGAGE is made and entered into this _ day of , 2010 by , a man (hereinafter referred to as "Mortgagor") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Flonda 33444 (hereinafter referred to as "Mortgagee "). WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the "Note ") dated of even date herewith, in the principal amount of TWENTY THOUSAND and 00/100 DOLLARS ($20,000.00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest, and nghts hereinafter described with such payment, performance and observance, and for and in consideration of the sum of Ten and no /100 ($10 00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver. set over, warrant, and confirm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property "), more particularly described as follows [LEGAL DESCRIPTION[ Property Address , Boynton Beach, Florida This is a Second Mortgage, subordinate and inferior to that certain First Mortgage in the principal amount of S in favor of dated _ and recorded in Offictal Records Book _ , Page of the Public Records of Palm Beach County, F]orida TO HAVE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple, AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple, that Mortgagor has good right and lawful authority to convey said Property as aforesaid, that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required, that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever, and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida. IF any sum of money herein referred to be not promptly paid after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered MORTGAGOR: in the presence of: Name: Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of , 2010 by , who is personally known to me or has produced a Florida Dnver's License as identification. NOTARY PUBLIC H120101100536\10-10-13 Second Mortgage doe 2of2 1000 Habitat for Humanity June 2. 2012 BOARD OFFICERS Doug Parker, President Vivian Brooks Diana Hi Leman, Esq , Vice Executive Director President Boynton Beach CRA Jonathon Goodman, 710 North Federal Hwy Treasurer Boynton Beach FL 33435 Peter Blacklock, 1" Past President Dear Ms Brooks and CRA Commission Steve Echols, 2 Past President Over the last five years Habitat for Humanity of South Palm Beach has produced twenty -one Lou Boccardo new single family homes, painted or restored seventeen homes with landscaping and or fresh Daniel M Castrillon paint in the Heart of Boynton and developed a community garden that has provided an activity Rev Clarence Ellington space for a neighborhood m the NE distract as well as an opportunity for the Agriculture Departments of both FAU and Palm Beach State College to send students to review and Jean Evans evaluate plant propagation and to teach families about container gardening Bill Fagm Eric Fort' Unfortunately, I stood in front of you all and made a promise to start developing four lots that Rick Howard were deeded to Habitat for Humanity of South Palm Beach in 2010 To date they have not been Michael Luciano started 1 ask for an extension until October 2012 and 1 am not going to be able to satisfy that extension either With the deadlines looming for Ocean Breeze West and the in ability of Donald "Chip" Misch Habitat for Humanity to raise the additional $400,000 in cash we have suffered a cash flow Mike Owen shortage We have qualified families. we have volunteers, and due to your generosity we hay c Pam Owens land. We Just cannot produce the capital at this time to develop all the opportunities at this Steven Putnik time Scott Sullivan Yanneth vinaReai In light of the fact that Ocean Breeze West is dependent on NSP dollars and that there is a deadline to be achieved I am asking for consideration that Habitat for Humanity of South Palm Bill Wood Beach will maintain the existing four properties tor another twelve months Complete the Ocean Breeze West project and then proceed on the four parcels in question Executive Director Michael Campbell Thank you for your consideration and I look forward to heanng from you at the June 12 meeting Yours in partnership. /fZ 1011 BOYNTO cRA BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda 1 1 Old Business 1 X 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Consideration of Providing Economic Development Assistance to Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. SUMMARY: At the June 10, 2008 meeting, the CRA board approved the Overall Boynton Harbor Marina Redevelopment Plan which included a new Entry Feature, Sea Mist building, Marina Open Space and Harbor Master & Fuel Dock building. With the completion of the Marina Entry Tower & Signage in September 2011, the marina redevelopment project phasing has moved onto the Marina Open Space located at the site of the CRA's existing retail building and Sea Mist Drift Fishing Charter area (see Attachment I). The Garnsey family, owners and operators of the Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. are considered one of the founders of Boynton Beach's historic marine industry and their business operations span four generations. Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. owns the property adjacent to the CRA's proposed Marina Open Space Project where they have been operating their drift fishing business since the early 1950s. Sea Mist Enterprises, Inc. currently leases space in the marina retail building that the CRA owns and have occupied the building since it was built in the 1960s by their grandfather. fhe CRA has been working with the owners of Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. since the inception of the Overall Boynton Marina Redevelopment Plan to develop a building design for their property that is consistent with the architectural theme and function of the Marina Plan as well as to improve the existing exterior conditions of their business operations. Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. have submitted construction plans to the City's Building Division for review and they anticipate permit approval within the next few weeks. The proposed property improvements are found to be consistent with the design created under the Marina Redevelopment Plan and offer a tremendous reduction in costs from an estimated $175,000.00 for earlier construction designs to an estimated $60,000.00 for the current construction design (see Attachment II). CRA staff is seeking Board approval to award funding utilized under both the Commercial Economic Development Grant Programs and Boynton Harbor Marina Redevelopment Phase 1B Project Fund to assist with the cost of construction of the new Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. building. FISCAL IMPACT: Source of Funds: $38,700.00 from Economic Development Grants Budgeted Lune Item 02- 58400 -440 & 02 -58400 -444 and $11,300.00 from Marina Phase 1B Budgeted Line Item 02 -58200 -404 for a maximum of $50,000.00 in total assistance. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan RECOMMENDATIONS: Approval of Commercial Economic Development Assistance in the amount of $38,700 and Boynton Harbor Marina Redevelopment Phase 1B Project funding in the amount of $11,300 to Sea Mist Marina, Inc. /Sea Mist Enterpnses, Inc. for the construction of their new marina operations building. i Michael Simon, Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Economic Devel Assist to SeaMist doc ATTACHMENT I Z A ri t7aik - ----- ........... . z „ . _ f 1 s r . r ,...„ .,, _. �"+ i ` f r ' h I� , , „ ' Sh— ' r� �. _, t.,.. ' - - .. ' • f ._) • -.. A 7 4 ( .. .; 1 l'. — .IfW , _ h t. Nr f ”. - . fel low.. r tl • _ • f.. CDI - ���; t ts..... .. v . 01) `' fly , `..... II , � € uc a l J .! e, 1 y 4 I O ., �, i i Z ': L r ' '.':. ■ 1 ' 44 1 ! 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' ..--- „..,,,. ,.. ..... - I , .. • . ,._ _ . . , „.- --26' 4” — -4 7 f ---ii r .., 1 .:,,,,*,,,,,,,,„.„4„,„-.),,,r \ / 2' 8" /1 ::,,,, / ,( — 4,*.,r11,;:*: " 44‘,,P4 .e4 3441" . i-V-'471 W -I i r: F-„2.-.:?: .1 ' ii..B: --.,,, .A,,,,, .„- ;',' 7,'>(1, r / -, --' ---,; 4-7A li: 'f, ' C -• - ' 1 '' I ''' 1 aii434,.. / 7' ' / 1 14' 4" 1 10'-- _ / 7' 2" I 4,: -'-,, i , ...._. ; I / -- V — t '.. \ \ , ___ : : _I I III -- -....,— ' _ .___...—–,.. ' * V - -1, --- li k , ilWi • 11111111111 I . I----- 8' 8" ...-! F . is _ f i'; , .� . r t i ✓ "4 : ;' - _ f ` ' 44:1k:: 4 1 y r wits ow / d a µ ,.r it ow At ter La L ;.it .c:,: r or pm g; es t , 1 altil w'„ . d , � _ , F , ATTACHMENT II I ENTERPRISE CONTRACTORS INC. Estimate S.CE 1993 2559 WEBB AVENUE #2 Date Estimate# DELRAY BEACH, FL 33444 4/16/2012 854 Name / Address Seamist Storage Bldg. Butt Garnsey Seamist Enterprises Inc. NE 6th St.. Boynton Beach. FI. Terms Project 25 %/65 %/10% Storage Bldg. Description Lathe and Stucco soflitt Interior Plaster Smooth Raised Stucco Bands Window and Door Framing Roof Truss Material New Truss Labor Allowance New Facia Board Wood Gable Dutch Hips Window Shutter Allowance / Labor Garage Doors Sectional Painting Int. and Ext. Concrete Sealer 14" Helical Piles / 14' Deep Electrical Bid Fixture Allowance Split Metal Seam Roofing Total $59.062.99 Any work beyond proposed scope of work Neill done on a cost plus basis in the form of a written and signed change order. Phone # Fax # Acceptance / Signature 561- 279 -0311 561- 279 -0335 Page 2 Gregory Bowser „....,w; - Construction Services, LLC Estimate ` . = 710 NE 7th Street ,`, ' Unit 307 ; - -- -- Boynton Beach, FL 33435 _ DATE Es 1MATE # (561) 779 -7447 C 5/29"2012 _ 1 35 Seamist Marina NE 6th Street Boynton Beach, FL 33435 United States • ITEM I DESCRIPTION QTY RATE TAX • AMOUNT 1 Labor/Materials I Construct Building Complete including Landscaping per 1 1 54,722.00 54,722.00 Plans Submitted - -- LaborMlaterials j Optional Plank Stamping and Coloring of Exterior Flat Work 1 i 3,355.00 3,355.00 Notes Customer to Pay All Engineering/Archetectuai Fees, Impact 1 1 i 0.00 0 00 Fees, Permit Fees, Surveys, Sod Test and Compaction Test if Required 1 Misc 1 If a Depth Greater Than 14' is Required to Achieve Design 1 1 0.00 0.00 Load for Helical Pilings, It Will Be Billed @ 180.00 per 7' Section or 150.00 per 5 Section. Signed and Sealed Pile Logs, If Required and/or Requested T Be Payed By Customer ti � I 1 1 � t - -__ -_ -- = _— - - - ____ __— ______ - -- -_ -_ -- �- - t Subtotal 58,077.001 1 0.00% Tax 0.001 � - -- - . !Total _ .�_ �,�_�a_z ' ,1 \ '' C ' ■ui.- ..-- I t , '1 .._. •,-, , 7_ i ' ? i. tct .... 4 ' , ; , c4. ' l ill 1 1 1 ' _- ■ I 1 , 1 , Ili ‘,1 . . \ 1 . , I ) 1 , , I , 7---..\. - , .--- - „._ -....,.. c.../ ( i -- 4 ...._. - 7, Ti...' l i k-- 1 ' 1 -f. Th' \ c4 -. _...._, I tli I ' I W' '' Ass , , , 1 _, c----- .F 6 '' i 1 , i i 1 , I ; ■H' 7 X !J 4 IN ( 1 _ ,.., t ! , , -k- s ' .... , i 1 I A F ---- — ' i . , 1 , -- 4\ ■ ■ - 0 I V j -, t ^ R. Q 1 Z - 1 1 - 1 °_ d ` i �� - ,.1 `.ii _ '�' a • tl ------------ 1 h 1 .L.----______ / ' 11! ' , , , ' I I 1 11 111,!11 HT 1 11111 ,..:-., . d1' ' 1. �. I ________ -.-- [-,,,ir., I I 1 • fl ,, a __ _, , , , , , i , _ - • , rl - ,,, , ,,, Hi , , , , , t 1 ,1 , .... ., , i ,I 1 ! 1 1 .I1 ____ , , 1 , ,1! . 1, „, • 1 , , ... , , , ,, , , , I__ ' ' i 1 d a d Cs. q t 11 Z .. -,, e, LN, -,.....__.._, .... '-'• -:* , •- - \ -- - ' — , v) , , 4 4 7 { , t, , [ „ 1.0 Lio _i -x 1 1 ,, , , , i I ■ i I ' 1 I 1 ! ' ' • I . ' IA I el 1 ,, ' , -i■:1 ' , -- ,„'1, ,I1 4 , ...L.LH -1--ti —__ 1 L --- Q , \ , ; 1 ; ; — _ 1 ; ill \ 1 ._. , • \_—__ • , ,,:-.-. - 1 ' , . , _ , • , ,, ; .. ,-.) BOYNTO cRA =BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda 1 1 Old Business 1X New Business 1 1 Legal I 1 Executive Director's Report SUBJECT: Discussion of Loitering Problem on CRA Properties SUMMARY: CRA staff and Board members have received numerous complaints about loitering and littering on CRA properties particularly on Martin Luther King, Jr. Blvd. and 211 Ocean Avenue. On the CRA owned land on MLK Blvd (See Attached Map). the litter problem is a direct result of the loitering problem. The CRA maintenance team must first pick up the cans and bottles left behind from the loiterers before the lots can be mowed. Activities such as barbecues and car detailing are often occurring on CRA owned land. Large crowds can often be seen congregating during the day and night. No loitering signs are posted on CRA properties. CRA staff recently met with Chief Immler and Sgt. John Huntington of the Crime Prevention Unit. Staff provided aerial maps and addresses of CRA properties to assist officers with enforcing the no loitering signs. Staff has considered other options to prevent loitering utilizing Crime Prevention Through Environmental Design (CPTED) principles. Staff did place large railroad ties at places where cars where driving onto the CRA property. This has prevented car traffic on the lots. Staff did consider fencing of the problem properties, but the amount of fencing necessary makes this a financially infeasible solution. Staff, the public and police officers have observed that most of the loitering is occurring under the trees on or near the properties. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Staff would like to explore the possibility of removing the trees where loitering is occurring. Vivian L. Brooks Executive Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Loitering doc ■ C • {{ YY • • � � It s d:4.jl8* . __. • la .8 *: v•-`.... 1 N T r f �.. Y •' ^ }(, 0 .. — � in y ' Q d ' . o'. i . .. a �a i j x; T. O L - h , L wa r o c ' r 7 ` � . 3 _� v 7.. ti - 7) `. • � • . . >� , ,1 r • e, k, � a -1 ► co 2 4..1 .' r. C • li • iiii 0 t.3 0.-• iott :if.: t di _ . i::: 1,,,,,,,, ,,._. , . - cn ..10. ',I I • Al . . . , . . , - • . , . / . ,..: ' • , • 4 , ..• 0. i r , .,1.,t ,..1 , • , 1 i : i 11,1, i . i . 1. t • „ . 1 00, . „ , t r .., . s) ? r ' . ,r— ! k t .., , 4 ,44/ 1 "•'• , i - • A • , • , i" fit 1 . 1, t 1 , - • 1 „ t - t, / -' - i# , _ , , ., e • i I V ' 4 • ‘ A t . , 1 . ... '', • -, s ) • , i • ""-- , I t4 ''‘ . , - . 6 .. ' , -.. * ' , t • ., ,. , - .. , • • 0 V ,. .>. , g . . , • . ,.. ,-?. '-' ' '• ' 1 , L ..-- - - 4 it tt k 1 r , : t. ' . 4 , 0 1 , 1 . i i 4 ' / .,,, • " . 1 . .„ , ... ..--' - - ... L ... ,..,. 1 I I I 0.7 ,; . , ; '1 ' , a ,".. = . ■1% ' .., ...„. ,,, . ,, • , 1 . , • .. -. , . - ,, . , • , •10 . . ' t tit 4! 1 t 1 „,.: le ti r ' ! tt - . ..., _ -/ttitt;.* '''''',".'''"'"';'.";','''':';', ##-:;;#.'”, '''-!•;: ..', , ' I , -;.1 11#;■'.1 h ';';''''''''''''' ''' :1). t';': ' " -- ' ,' ,, ' , ' S i ' :,k •:, 1 Y?: I ' ' ' '; ' :; : i; ' ' - i'''' ( ' , ;:,;.'1 ' .,::: f . ,•'',• 1•• • i ...,,; • is214 • , „,, , ,A - , ,-..-.,:,, ,,,,,,,,:••. ' '4',.. - '4,• 4 , ...,,,`....,....-,-', ', ,,, ;•••,,,,. ' •.:', fl,' t."7 '''',,?:,' ',.. ■ ,.., , ..„ ..,,.. . ,, ; . . ,:, ,- i ,, , ,,,,, 4, •„ • ,,,,,,.. ,, - ; , ii :..,. ,'''. )17.• ' 7." ' •,•:.,,,, 1 ::, ...-. ,-, ...— , ,. . . ,. ,...,- ';''''' • ': • trt, 4 4 ' 41••• 4. 'H u,- -0 • :.., ', ,i r..' 1.1 •. -• ###### 4# .# - /,'"4' '' ' T ''''.."t',". 1:: ,.: 1 ,,,',,,,,,,,,,,,!,:.:,,,71: .;,,,/ ;;:. BOYNTON' ism:0' BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda I I Old Business XI New Business I I Legal I I Executive Director's Report SUBJECT: Consideration of Contributing to the Realtor Training in Historic Preservation SUMMARY: The City, in partnership with Delray Beach is applying to the Nation Trust Preservation Fund to host a training program for Realtors. The Boynton venue will be at the Woman's Club. Funding will be used for materials to train Realtors about historic properties. The grant application date is October is October 1 If approved the grant activity will take place in the next fiscal year. The grant requires a cash match. The proposed budget is attached. The City is requesting a match from the CRA of between $1,250 and $1,875. FISCAL IMPACT: Staff recommends approval of $1,500 from FY12/13 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve $1,500 for a match to the grant. Vivi n . Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Historic Training Realtors doc From: Adams, Warren Sent: Tuesday, May 22, 2012 10:22 AM To: Brooks, Vivian Subject: CRA Funding Request for Two Grant Eligible Projects Hi Vivian Further to our meeting on May 16, I would be grateful if the CRA would consider contributing funding towards the following two projects Creation of a Boynton Beach Heritage Trail and Interactive Online Map (Public Education Program) An application is being submitted to the Division of Historical Resources for CLG grant up to S25,00( No match is required, however, having a cash contribution would significantly increase our chances of being awarded the grant The grant application deadline is June 29, 2012, and, if successful, the grant period for completing the project will be July 1 2013 to June 30 2014 All project costs could be incurred in the 2014 financial year I am still gathering costs for the project however a contribution of $2,000 would be a great help A letter of support for the application stating the CRA would be willing t( help support this project in the future would also be a great help A heritage trail of approximately 20 significant sites around Boynton Beach will be established Each site will be identified with a plaque which would contain information on the site and a Quick Response (QR' code which may be scanned by a smart phone for further information Brochures indicating the route o the heritage trail will be published and distributed free of charge The brochures will contain a brief description of each site as well as the QR codes so they can be used in a classroom setting or by visitors when they return home The majority of the sites are located in the CRA area for example the Barton Memorial Park Cemetery, Boynton Hills Subdivision Lights High School, Children's Museum Ruth Jones Cottage, Magnusson House, Ocean Avenue commercial properties, Andrews House Marina, and the Woman's Club The mid -point or end of the trail would be Ocean Avenue /the Marina as part of promoting awareness and patronage of local businesses The grant will also fund the creation of an interactive map on the City website 1 he map will comprise several layers which would provide educational information on subjects such as the City's growth patterns the heritage trail historic sites historic street names and historic burial plots at the City's thre€ cemeteries Both the heritage trail and the interactive reap can he easily expanded in the tuturE Realtors Training Program. Historic Properties A joint application between Boynton Beach and Delray Beach will be submitted to the National ' rust Preservation Fund to host a training program for Realtors A cash match is required for this gi ant nF training would be split between Boynton and Delray with either a half day or a full day in each c,ty depending on the funding and grant award A grant of between $2 500 and $5.000 is availabie and t +it application will likely be towards the lower erid The majority of funding would go towards information, supplies, packets for Realtors to distribute to clients and/or future historic property owners anc speakers The Boynton venue will likely be the Woman s Club The grant deadline is October 1st 2012 and the event would he heiC in May 2013 Minna National Preservation Monti Proposed budget Budget $5,000 - $7,500 Grant $2,500 - $3,750 Boynton Match $1,250 - $1,875 Delray Match $1,250 - $1,875 Thank you for your help with my request Please let me know if you need any further information. Warren Adams, MRICS Historic Preservation Planner City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Office 561 - 742 -6757 Fax. 561- 742 -6259 „,./, ,0„ , BOYNTON 4 BEACH CRA BOARD MEETING OF: June 12, 2012 I I Consent Agenda 1 1 Old Business 1X1 New Business 1 1 Legal 1 1 Executive Director's Report I SUBJECT: Consideration of Match to Grant Application for the Creation of a Heritage Trail and Interactive Online Map SUMMARY: The City is requesting a match to a grant application to the State of Florida Division of Historical Resources to create a heritage trail of approximately 20 sites around Boynton Beach. The majority of the sites are located within the CRA district. Each site will have a plaque and a QR code than can be scanned with a smart phone that will provide information on the building. Brochures will be developed and an interactive map will be created on the City's website. No match is required by the grant regulations. However, likelihood of receiving a grant is greater if there is a cash match from the municipality. The grant application is due June 29, 2012. If awarded, the project period would be July 1, 2013 through June 30, 2014. FISCAL IMPACT: $5,000 from FY 12/13 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve $5,000 as a match to a grant to create a heritage trail . Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 2012 \Heritage Trail doc From: Adams, Warren Sent: Tuesday, May 22, 2012 10:22 AM To: Brooks, Vivian Subject: CRA Funding Request for Two Grant Eligible Projects Hi Vivian, Further to our meeting on May 16, I would be grateful if the CRA would consider contributing funding towards the following two projects Creation of a Boynton Beach Heritage Trail and Interactive Online Map (Public Education Program) An application is being submitted to the Division of Historical Resources for a CLG grant up to $25,000 No match is required; however, having a cash contribution would significantly increase our chances of being awarded the grant The grant application deadline is June 29, 2012, and, if successful, the grant period for completing the project will be July 1, 2013 to June 30, 2014 All project costs could be incurred in the 2014 financial year. I am still gathering costs for the project, however, a contribution of $2,000 would be a great help A letter of support for the application stating the CRA would be willing to help support this project in the future would also be a great help A heritage trail of approximately 20 significant sites around Boynton Beach will be established Each site will be identified with a plaque which would contain information on the site and a Quick Response (QR) code which may be scanned by a smart phone for further information Brochures indicating the route of the heritage trail will be published and distributed free of charge The brochures will contain a brief description of each site as well as the QR codes so they can be used in a classroom setting or by visitors when they return home The majority of the sites are located in the CRA area for example the Barton Memorial Park Cemetery, Boynton Hills Subdivision Lights, High School, Children's Museum, Ruth Jones Cottage, Magnusson House, Ocean Avenue commercial properties, Andrews House, Marina, and the Woman's Club The mid -point or end of the trail would be Ocean Avenue /the Marina as part of promoting awareness and patronage of local businesses The grant will also fund the creation of an interactive map on the City website The map will comprise several layers which would provide educational information on subjects such as the City's growth patterns, the heritage trail, historic sites, historic street names, and historic burial plots at the City's three cemeteries Both the heritage trail and the interactive map can be easily expanded in the future Realtors Training Program Historic Properties A joint application between Boynton Beach and Delray Beach will be submitted to the National 1 rust Preservation Fund to host a training program for Realtors A cash match is required for this grant 1 he training would be split between Boynton and Delray with either a half day or a full day in each city depending on the funding and grant award A grant of between $2,500 and $5,000 is available and the application will likely be towards the lower end The majority of funding would go towards informational supplies, packets for Realtors to distribute to clients and /or future historic property owners and speakers The Boynton venue will likely be the Woman's Club The grant deadline is October 1st, 2012 and the event would be held in May 2013 during National Preservation Month Proposed budget Budget: $5,000 - $7,500 Grant $2,500 - $3,750 Boynton Match $1,250 - $1,875 Delray Match: $1,250 - $1,875 Thank you for your help with my request. Please let me know if you need any further information. Warren Adams, MRICS Historic Preservation Planner City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Office: 561- 742 -6757 Fax: 561- 742 -6259 Viva Florida 500 Small Matching Historic Preservation Grants Formal Solicitation for Applications May 1, 2012 — June 29, 2012 for Fiscal Year 2013 -2014 VIVA FIORIOA "H3 -N1 The purpose of this notice is to formally announce that the Florida Department of State is currently soliciting applications for Small Matching Grant -in -Aid assistance for historic preservation projects. Special consideration will be given to proposals that reflect the goals and purposes of the Viva Florida 500 Initiative For information on topics central to Viva Honda 500, please visit www vivaflorida org and www fIa500 com Project s must be associated with Historic Preservation in Florida and must meet guidelines under 1A -39, Florida Administrative Code The solicitation period begins May 1, 2012, and extends through June 29, 2012 A preview of the online application will be available at www.flhentage.com /grants and submissions of the application will be accepted beginning May 1, 2017 Applications must be submitted online by 11 59 p m on June 29, 2012 Application attachments must be delivered to the Bureau of Historic Preservation, R A Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399 -0250 no later than 5:00 p m , June 29, 2012, OR be clearly postmarked on or before June 29, 2012, OR show evidence of submission to an express mail service on or before June 29, 2012 Arrangements for the submission of paper applications may be made by calling the Bureau at 850.245 6333 or toll free at 1 800 847 7278 GRANT PERIOD If awarded, all grants will begin July 1, 2013 and expire June 30, 2014 FUNDS AVAILABLE State - Funded Small Matching Grant Applications. Funding availability will depend upon legislative appropriation during the 2013 Legislative Session Recommended grant awards will not exceed $50,000 00 Federally- Funded CLG Small Matching Grant Applications Further, it is projected that at least $118,250 will be made available for Certified Local Government (CLG) program grants for conducting survey and planning, community education, and registration projects These funds will be comprised of the required 10% of Florida's 2013 Federal Historic Preservation Fund apportionment, and will be available only to those local governments that are already CLG - certified or meet the requirements of item (d) below Applicants are not required to provide match for these CLG applications A list of currently designated CLGs may be viewed here (Link to http. / /www.flheritage com /preservation /clq /dots /CLG list Of ) WHO IS ELIGIBLE TO APPLY E ligible applicants include (a) Departments or agencies of the State of Honda (including state universities), (b) Units of county, municipal or other local governments, (c) Any Florida not - for - profit corporation, institution, or organization, and (d) Certified Local Governments or any local government that has received such certification by June 29, 2012 Non - secular organizations are eligible to apply for grant -in -aid assistance However, eligible development activities involving non - secular properties are limited to work on the exterior of the property and only those interior activities that are essential to the preservation of the structural integrity of the property. PROJECTS ELIGIBLE FOR FUNDING Small Matching grant funds will be available to support both Acquisition & Development and Protection & Education activities. Acquisition & Development projects include acquisition, preservation, protection, restoration, rehabilitation and stabilization of historical and archaeological properties; also the investigation of archaeological sites, the taking of photographs, the preparation of measured drawings and such other records as are necessary to record historical and archaeological sites and properties threatened with damage or destruction; and planning for eligible Acquisition & Development activities, such as the preparation of plans and specifications. Protection & Education projects include survey and evaluation of historical and archaeological properties; preparation of data for and the actual listing or registering of historical and archaeological properties in the Florida Master Site File or the National Register of Historic Places; preparation of long -range historic preservation and management plans for historical and archaeological properties; development of automated information systems to facilitate the recording of property data or to facilitate the management of information on other subjects pertaining to historic preservation; community education and community relations projects promoting the preservation of historical and archaeological properties in general; research to study the effectiveness and results of historic preservation programs, methods and techniques; research of historical documents for the purpose of documenting and evaluating the significance of historical and archaeological properties, and use of staff or a private consultant hired through appropriate procurement standards to organize a Certified Local Government program or its components. NON - MATCHING SPECIAL PROJECTS Small Matching grant funds will also be made available to support the following Non - Matching Special Projects These projects do not require a match. The Grant Review Panels reserve the right to decline to recommend funding for any applications in these areas if, in the judgment of the Bureau and the Panel, the goals of these areas would not be sufficiently met. The following Non - Matching Special Projects are of statewide significance, and if recommended by the panel and the Secretary of State, will receive top rankings in the Viva Florida 500 Historic Preservation Grants Recommended List that will be submitted to the Legislature. 1. Phase II of the production of the color booklet, Florida French Heritage Trail A maximum of $25,000 will be available for this project. Multiple applications will compete to determine the best and the most cost - effective project In addition to a historical overview of the history and influence of the French in Florida, the booklet will include a listing and map of publicly accessible sites organized by region and county; sidebars of special interest, and biographies of significant individuals. Phase I of the project, the research, writing and gathering of photographic materials, has already been accomplished internally by the Department of State, Division of Historical Resources The content of Phase I of the project is currently available at www.VivaFlorida.org. This grant project, Phase II, will include additional photo selection and copyright permissions, creation of a statewide map showing publically accessible French sites, graphic design, layout, printing, delivery, and distribution of at least 15,000 copies the completed book, as well as delivery of digital format for use on the Department of State website. The booklet will be similar in layout to preceding issues in the Florida Heritage Trail series also developed through historic preservation grant funding, such as Florida Native American Heritage Trail, Florida World War II Heritage Trail, Florida Women's Heritage Trail, Florida Black Heritage Trail, and the Florida Civil War Heritage Trail. For copies of these booklets, please contact the Division of Historical Resources at 1- 800 -847 -7278. The Florida French Heritage Trail should follow the format of the Florida Spanish Colonial Heritage Trail, in that it should be bilingual The Florida French Heritage Trail content will be translated into French prior award of this grant and will be provided to the awardee 2 2. Full production of the color booklet, Florida British Heritage Trail A maximum of $50,000 will be available to produce a Florida British Heritage Trail booklet. Multiple applications will compete to determine the best and the most cost - effective project The content and design of the publication will follow the layout of the Florida Department of State's Florida Heritage Trail publication series mentioned in item 1 above Content shall include but not be limited to a background essay on the overall history of the British in Florida, listing and description of approximately 40 or more publicly accessible sites organized by region and county, and sidebars of special interest sites and biographies of significant individuals The proposal shall include a methodology for the selection of sites and coordination with the Division of Historical Resources on these selections The proposal =,hall include cost estimates for development, design and delivery of a minimum of 15,000 printed copies of the full color final product, as well as delivery of an identical digital format for use on the Department of State website 3. Florida Main Street Program Newly selected Florida Main Street communities will be eligible for non - matching Main Street "start-up" grants of $10,000 GENERAL PRIORITIES Historic Preservation The goal of the Bureau is to locate, identify and protect the significant historic properties of the state as rapidly as possible to provide a basis for effective preservation planning throughout the state. In accordance with the application evaluation criteria outlined in Chapter 1A -39, Florida Administrative Code ( "Division of Historical Resources Grants Programs "), projects within each category shall be compatible with the following priorities. A Survey Priorities 1 Surveys to identify, evaluate and document historic properties and archaeological sites associated with Florida's minority heritage 2 Surveys of broad areas where no previous surveys have been undertaken 3 Surveys located in areas subject to intensive development pressure 4 Surveys designed to complete comprehensive coverage of areas in which partial surveys have been made 5 Surveys that address historic themes not covered or under - represented in previous surveys B Registration (National Register) Priorities 1 Registration of historical resources identified by previous survey activity 2 Registration of properties of national significance, and not previously listed in the National Register 3 Registration of properties of statewide or local significance, and not previously listed in the National Register C Planning Priorities 1 Development of historic preservation elements (or historic preservation components of coastal management future and use or housing elements) of Local Government Comprehensive Plans 2 Development of plans for informing the public as to the economic and other benefits of preserving historical resources 3 Development of protection tools, such as local ordinances 4 Implementation of automated information systems to facilitate the recording of site data or information on other historic preservation subjects D Community Education Priorities 1 Historic preservation education programs for school children 2 Projects having to do with minority historic preservation 3 General publications about preservation 4 Self - guided tours of historic areas BOYNTON } p ,i, BEACH CRA BOARD MEETING OF: June 12, 2012 Consent Agenda I I Old Business IX I New Business I I Legal 1 I Executive Director's Report J SUBJECT: Consideration of Match in the Amount of $1,400 to Creative Business Alliance for the "Breezin thru the Arts Event" to be held on Thursday, June 21St SUMMARY: The Creative Arts Alliance is a group of business owners representing and /or selling art within the CRA district. The Alliance will be holding its first event on June 21 where attendees will board a trolley and tour each business. Each business will have entertainment, refreshments and a hands -on art project for attendees to enjoy. The total cost of the event is $4,325 (See attached event description and budget). The request to the CRA Board is $1,400. The leverage factor is 32% CRA funds to private funds. The event will expose people to the downtown and the newly burgeoning arts district. FISCAL IMPACT: $1,400 from Special Events Dept. line item 02- 585 -480 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the match of $1,400 to the event. /....__ Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \June 20121Creative Business Alliance Request doc May 21, 2012 Community Redevelopment Agency Vivian Brooks 710 North Federal Highway Boynton Beach, FL 33435 Dear Vivian, We have recently established an organization called CREATIVE BUSINESS ALLIANCE. The CBA is comprised of business owners representing and /or selling art in the CRA district. Our mission statement is as follows: Creative Business Alliance of Boynton Beach serves the community by providing special cultural events to create a vibrant arts destination within the city of Boynton Beach. Our inaugural event, "Breezm' thru the Arts ", is scheduled for Thursday, June 21' from 5p- 9p. Each Art Studio will be open for business and have something interesting and fun going on (Art Demonstration, Tour, Hands -on Activities, Live Entertainment, Vendor Show etc.) There will be a select Boynton Beach restaurant that will be included each month The customer will take the trolley /bus from a designated area, to each studio. As they enter the first studio of their tour, they will receive a punch card to take to each location At the end of their studio experience they will end up at the restaurant for a pre - determined meal They will have their card punched at the restaurant and turn in the card to be entered in a raffle for a fabulous prize donated by one of the studios Costs for our first event are as follows. Flyers $150 00 Bus or Trolley $500.00 Tour Guide $250 00 Palm Beach Post Ad $500 00 At this time we are asking the CRA for monetary assistance of $1400 This initiates our projected monthly event Thank you for your consideration Sincerely, Creative Business Alliance do Art -Sea Living 1628 South Federal Highway EI Boynton Beach, FL, 33435 R EC 3OYt! TO PEC4; RRA. Expenditure Amount Source total Salary (extra) 475 All 475 Entertainment Piano 250 Art Sea Living 250 Singer 250 Beachcomber 250 DJ 150 ActivistArtistA 150 Hands on Project Painting 200 ActivistArtistA 200 Beading 200 Tortosie Treasure 200 Painting 200 Artful Dreamers 200 Tile Making 200 Art Sea Living 200 Appetizers Food truck 100 ActivistArtistA 100 Catering 250 Beachcomber 250 Catering 150 Tortoise Treasure 150 Catering 150 Artful Dreamers 150 Catering 250 Art Sea Living 250 Marketing Business Flyers 100 ALL 500 Trolly 500 CRA 500 Tour Guide 250 Lori Durant CRA 250 Punch Cards 150 CRA 150 PBPOST Ad 500 CRA 500 4325 4325 c 0 m a E N 0 m r O N 32 0 N N N m �.. ` r C. N a) 1 . r E JD -CD C) O w N O a) o C >, Q. 0 2O Q j O O 0 -) co 0 0 C m cn C7) C t O CO N w " U v) a) w 0 3 z $ C N O a) > N r -0 C) o > a) y U a) "O a a) o •0 a) »� - a) fl 0) 0 a) . C L a) U -.- C . C O > O w U C . f6 ~ v a) a O • ° - N co O 3 s C co a- >' ca vi d) :- v C cu ai a) O a a) N • CD ° O O y 1 L N j- ... 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C � cnw m To C.) �'cna cq� E EU •,-- 2 eC rxa N , 1 C 0 , N N (NI Z a) M r 0 3 a) N d O N a) u.. 00 a °' N 3 a.) °� �' 0 1 c V @ '15 d !a N co 0 d N a) V y >- - 0 Cl C N W t C d a) a) to OS d — n c w 0 . - rn , 312 co� c c , Heart of Boynton Redevelopment Strategies 2001 - 2012 Cfty 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 2.69 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non - profits to conduct numerous Community Improvement trash pick -ups, purchase of trash cans and 7 Grant $ 25,000 support of neighborhood clean-up efforts Total of 14 lots developed into affordable single - 8 Housing 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 Page 1 of 2 Simon, Michael From: Lynn Simmons [Iynn @splashdowndivers.com] Sent: Fnday, June 08, 2012 3:53 PM To: Simon, Michael Subject: Re: Fwd: revised loi for Simmons Hello Michael, This letter of intent reflects most of what we have been discussing as a possible solution for my business. It lacks some of the basic needs to make this happen such as responsibilities for moving expenses, costs to relocate once again, permits and then there is the issue of the cost to keep the current for the balance of the business that will not fit in the old ice cream shop: but I trust that can be taken care of when we come to a final agreement. Hoping this can be settled soon. Mr. Fender said he would talk to Vivian. Maybe she has some positive input or suggestions. Lyn n From: Adolfo Castellano Sent: Friday, June 08, 2012 11:11 AM To: Iynn@ splashdowndivers.com Subject: Fwd: revised loi for Simmons Forwarded message From: Adolfo Castellano <realtor.adolfo @gmail.com> Date: Fri, Jun 8, 2012 at 10:59 AM Subject: Fwd: revisived loi for Simmons To: lynn@slashdowndivers.com Here is the I.o.i. Forwarded message From: Adolfo Castellano <realtor.adolfo @gmail.com> Date: Thu, Jun 7, 2012 at 2:59 PM Subject: revisived loi for Simmons To: "Simon, Michael" <SimonM @bbfl.us >, zmanagements @aol.com Hi Michael; Here is the Letter of intent,with the correct landlord name "Ocean Management Services L.L.C." Page 2 of 2 A Marina Village payment coupon will be provided to you with exact amount for cam to be payable to Ocean Management Services L.L.C. thank you again for your cooperation Adolfo x Realtor Adolfo Castellano 954.579.7410 mobile realtor.adolfo @qmail.com H Realtor Adolfo Castellano 954.579.7410 mobile realtor.adolfo @gmail.com x Rea11o] Adolfo Cstellano 954.579.')410 mobile realtor.adolfo @gmail.com The "Little House" Project Update June 12, 2012 Interior Drywall Installation Phase ;K+ r f .... f t 1 '"1111111 tt ti / 1 f I O 4 1 '7 0 4 1 \ __ . 40 Existing interior wood "reused" for restroom ..,--'4P 1 doors, Boynton Beach CRA Presents 5nLuTE To o v , - INDEPENDENCE .41 WEDNESDAY, JULY 4 OF 6-.30 - 9:30 p.m. Intracoastal Park Federal Hwy., south of Gateway Blvd. 6:30 - 9:00 p.m. Live Music 1,, 1 M felzeoitt iit4 � - 7:30 p.m. Patriotic Salute 9:00 p.m. Spectacular Fir works Fireworks by !r 1 j\ Free, ample parking & shuttle from two locations: Boynton Beach High School, Gateway Blvd, east of Congress NE corner of Federal Hwy & Ocean Ave. Food & Drink Vendors on site. ar opens at p.m. ' No ets or personal fireworks p s permitted. 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