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Agenda 10-09-12 BOYNTON c BEACH AMENDED AGENDA CRA Board Meeting Tuesday, October 9, 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. Boynton Beach Haunted Pirate Fest B Sunday in the Park VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting, August 22, 2012 B. Approval of Minutes — CRA Board Meeting, September 11, 2012 C. Approval of Period Ended September 30, 2012 Financial Report D. Monthly Purchase Orders E. Approval of Contract between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 — Tabled 9/11/12 F. Approval of Contract between David Langley and the CRA for Art on Ocean Avenue in the Amount of $17,925 — Tabled 9/11/12 G. Approval of Contract between Jo Chamness and the CRA for Art on Ocean Avenue in the Amount of $10,000 — Tabled 9/11/12 IX. Pulled Consent Agenda Items: A. Information ()nil 1)tnment I of B. t ommercial Familiarization Four Information C. Update on Seamist Protect at Marina D. Media Outreach and Editorial Coverage E. E -mail from County Administrator Robert Weisman to 1_ynn Simmons of Splashdown XI. Public Comments (Note comments are limited to 3 minutes in duration) XII. Old Business: A. Update on Boynton Beach Blvd Improvement Protect B. Consideration of Resolution No R12-07 Bond Refunding Series 2004 and Series 2005A and Authorizing ilk Issuance of Series 2012 m Principal Amount of S16.185 000 C. Update on the Ocean Breeze West Protect D. Reconsideration of Rent Increase for Slip tenants XIII. New Business: A. Consideration of Resolution No 12 -06 - Budget Amendment No 1 1-Y 2012 -201 B. Consideration of Improvements to Veteran's Park at Ocean Avenue 4` Stieet C. Florida Redevelopment Association Annual Conference Board I ray el D Request by 1 he Related Group to Set Aside Section hit, of the Promenade DIFA tot d Certain I ink' Period (Back -up to follow at a later date) 1 ( onsideration of Request tioin II t1' (,r Recipients 1 vasha t\ keilr 1 lianuis ‘cel of `,hoi t Sale legotiatioh XIV. Executive Director's Report A. Protect Status Update XV. Future Agenda Items XV'l. Adjournment t If '\ PPRS05 DI ODES 10APPI Al 5 l DI( ISION MAIN tit IHl l RV13U \RDAA1111 RI 5P1 Avl hl \i IIR( OASID1Rl ) VI IHISV11 1 in SIII ,511 111 , . OI THE PROCELDI\GS AND.I OR SI C I I P1 RPOSL, HI. SH1 NIA) N I I D I O I NSI'RI l I I 4 1 A I RR V I1Al RI ( ORD H 1111 PRO(I I [)151, IS V 5I v (I5 1' PI ( IFS[141OA1 AND tAIDFN(F I'POS AA III( ll 1111 1PPF -1I 1510 [1111 \SID 11 5 '86(11(15 , 1 1 1 1 C'RA 511 A1 L 1 1 R \ISII APPROPRIA I I 1 i A 1 1 IARI AIDS 550 51 RV 1 1 1 5 ( 1 1 1 1 0 1 5((1 SS \Rl Iu All ((00 VV I'll!A ID) AI 111111 5 ,JIS , 1,11 ' , 1 (5 51 ('1 ' 1It , , P SRTICIPA rL IN AND FNJOI 111E BIN 1 1 1 1 5 01 A SFRV 1CF PRO(R 447 OR \ ( I R 1 1 V (U5 1 I D Bl 011 1 1 1 1 1'1 1 ASF (05 1 11 I 1 ■11 (1' + 51 (S(, I l D 1 \Tl' -IOLR HOURS PRIOR 11) 111 AIt 1 I INC, PRO0R5A1 (18 VC I 1 A 1 I1 N 001)1 It 11 ' 111 RI 5 SOA 5131 1 511 1 1 11 111 P 1/1 01 1 T BOYNTO =BEAC CRA Board Meeting Tuesday, October 9, 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. Boynton Beach Haunted Pirate Fest B. Sunday in the Park VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting, August 22, 2012 B. Approval of Minutes — CRA Board Meeting, September 11, 2012 C. Approval of Period Ended September 30, 2012 Financial Report D. Monthly Purchase Orders E. Approval of Contract between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 — Tabled 9/11/12 F. Approval of Contract between David Langley and the CRA for Art on Ocean Avenue in the Amount of $17,925 — Tabled 9/11/12 G. Approval of Contract between lo t hamness and the ,),r ¢ rC;T,I € :l((It' 11111, ■ not R S10,000 - Tabled 9/11/1 IX. Pulled Consent Agenda Items X. Information Only: A. Public Comment Log B. Commercial Familiarization Tour Information C. Update on Seamist Project at Manna D. Media Outreach and Editorial Coverage E. E -mail from County Administrator Robert Weisman to Lynn Simmons of Splashdown XI. Public Comments (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Update on Boynton Beach Blvd. Improvement Project B. Consideration of Resolution No R12 -07 -- Bond Refunding Series 2004 and Series 2005A and Authorizing the Issuance of Series 2012 in Principal Amount of $16,185,000 C. Update on the Ocean Breeze West Protect D. Reconsideration of Rent Increase for Slip Tenants XIII. New Business: A. Consideration of Resolution No 12 - - Budget Amendment No 1 - FY 2012-2013 B. Consideration of Improvements to Veteran's Park at Ocean Avenue /4 Streei C. Florida Redevelopment Association Annual Conference Board 1 ravel D. Request by The Related Group to Set Aside Section 8.1.6 of The Promenade DIFA tor a Certain Time Period (Back -up to follow at a later date) XIV. Executive Director's Report A. Project Status Update XV. Future Agenda Items XVI. Adjournment NOTIC E II \ PLRSOA DLCIDLS 10 APPLAL 55) DE( ISION MADE Bl 111E ( RA BOARD N]Iit RLSPI ( I IU AA) Al AI II IT ( 0NSIDER! D AI I1I1S MI 1 I INt,, 111 SHI AA 11 I 1 .111) (RI t IR OF 11-IF PROCEEDINGS AND, I OR SI CH PURPOSE, HE'SHE MAY \FED 10 I \SURL 1 HA 1 \ \ 1 RBA I INl RI (ORD 1(1 (ID PRO( 1 1 I)IA(, IS V 0)1 \A HI( I+ 51 ( 1 01 S H TESTIMONY AND FV IDFNCI UPON A\ RICH I HE VPPE 51 IS 10 BE BASED 1I v 256 0105 UHF ('RA SHALL FURNISH APPROPR] V 1 1 Al A]LIARN AIDS 551) SERA 1 ( I S )A 111 51 51 ( 1 SS 551 1 1 ) 5 1 1 0 5 1 ) \A lADR ID! l! \\ III ] \ DIS 51(11 I 1 l 5 I (_N VI 010'01:11 5111 I PARTICIPATE 15 AND ENJO1 THE BE \EI ITS OF A SERVICE, PROGRAM_ OR V( II A 111 ( 0501 ( 111) 01 1111 ( 111 1'1 F \SI ( 051 ACI 1111 (R 1 1I 1 11 7 2 2511 ` I 1 I 0 1 0 1 V 1 Y -I 01 RHO( RS PRIOR 10 111E MFF lIAG PROGRAM OR VC115 1 1 1 15 ORDI R I OR 1 1 1 1 1 R V 10 RI \SOS 101 1 ' 5 1 ONIMOD V I I 5 1)1 P RI 01 I S a 4 a , , -4,, ,, BOYNTOf N �O.B EACH CRA BOARD MEETING OF: October 9, 2012 I I Consent Agenda 11 Old Business 1 1 New Business 1 1 Legal 1 I Executive Director's Report SUBJECT: Announce the Boynton Beach Haunted Pirate Fest SUMMARY: The PIRATES arrhh coming...! On Saturday, October 27 & Sunday, October 28, 2012 the Pirates will take over the 100 block of E Ocean Avenue. This two day FREE event takes place from 10:OOam to 5:OOpm both days with three stages that will have continuous entertainment. The non stop entertainment includes; Pirate Re- enactments, Street Performers, Acrobats, Comedy, Children's shows, Children's Treasure Hunt., Jack Sparrow, Live Music, Sword Fights, Magic show, Mermaid Tank, Whip Show, Fairies, Pirate Stunt Show, Jugglers, Pirate Bounce -n -Slide and a Rock Climbing Wall. The Schoolhouse Children's Museum will sponsor a Haunted House with a $5.00 fee to support the museum. Food and drinks will be available for purchase and there will be a 60 ft. dining tent for families to enjoy a meal together. Ample free parking is available. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: CRA budget line item 02 -58500 -480 RECOMMENDATIONS /OPTIONS: i � � � .a i , rr / //L I _ athy Bisc , iti Special Event Director SiYI'. OCI'OBE1t 27 4f''t SUN. 00'011E1 28, 2012 .��..�, ..,. ( 1t� AMI IF �r �i �� To _____4.-44.,,, . , 5 I 3oijnton ec f 4A' 7 PIER • TE 1 FE „, ..... ..., i....., Two days of non -sto p family fun! Live Music • Pirate Re- Enactments Stunt Shows • Sword Fights Rock Wall • Pirate Bounce N Slide Food & Drink . r - rt-= — :0 I - i 7 .--,,__ 1;) H. 4 - 41t,t tifil otis t\ Iy .- "''` PRESENTED 13Y Schoolhouse Children's Museum $5.00 admission roceeds to benefit the Schoolhouse Children's Museum. - - R The event will take place � N W 4th Ave I n p 4 NE to to r, along E. Ocean Avenue } 4Aas NE 3rd Rye V acL4, Boynton Beads Btvd o Boynto ch Bbd t� between S e a c r e s t and " ""'S'R "e NE ist in downtown Hwr cn N 'I" W Ocean Ave Sctwo te)44e Y ANey c Children's Museum ` 9, SW 1st Aye Blear Ce er ei Boynton Beach. 56 1 -7 4 2-6246 f • BOYNTON visit www.bontonbeachcra.com BEACH y Bo TO Y N N C RA =BEACH CRA BOARD MEETING OF: October 9, 2012 Consent Agenda Old Business 1 New Business I Legal I Executive Director's Report SUBJECT: Sunday in the Park, November 4, 2012. SUMMARY: • On Sunday, November 4, 2012, the Boynton Beach CRA presents the Sunday in the Park Series with a live musical performance by Paul Bee who has mastered many styles of music including classic rock, caribbean and jazz. • This FREE musical event will takes place in the park on the NE corner of E. Ocean Avenue and NE 4 Street. • Have Brunch or Lunch at Hurricane Alley or The Little House or any of our great downtown restaurants and enjoy the live music from 12:00 p.m. to 3:00 p.m. • Bring your folding chairs or blankets to sit at the park. • Ample FREE parking onsite. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS /OPTIONS: ii / / Kathy Biscuiti Special Events Director .tr-/‘ unday: A do l i Ft 1 1. th,ep fat drk, 4111 a ,,,,. jire 1. liee tan, 6, 2 013 _ h Music sun. Live Mus Sunday, Nov. 7, 2012 Feb-3'2°13 - s L Mu sk Paul Bee Mar. 3, 2 013 Sun- Live Music Sun Apr. 7 201 "Acoustic" May 5 ,2013- Li veMusic Sun. 1 2pm - 3pm .... 4 Come Out and Enjoy One of ., . 1 F Downtown Boynton Beach's ,,;.. t ail _ Local Eateries for Casual " Dining of Brunch or lunch! — - -_ Afterwards take a Stroll CL -541 t ill to the Park for Some Afternoon Fun in the Sun! NE corner of E. Ocean Avenue and NE 4th Street BOYNTONf c A =IIBEACH Boynton Beach Community Redevelopment Agency 710 North Federal Highway, Boynton Beach, Florida 33435 Phone: 561- 737 -3256 Web: www.boyntonbeachcra.com 1 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD BUDGET MEETING HELD ON WEDNESDAY, AUGUST 22, 2012, AT 6:00 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Steve Holzman Mark Karageorge Marlene Ross (arrived at 6:39 p.m.) I. Welcome by Board Chair Woodrow Hay Chair Hay called the meeting to order at 6:09 p.m. and welcomed all. II. Invocation and Pledge to the Flag Mr. Karageorge gave the invocation and Vice Chair McCray led the Pledge of Allegiance to the Flag. Vivian Brooks, Executive Director, commented there were eight policy decisions to be made by the Board. She suggested if a member of the public wanted to speak on an issue, they should speak after it was discussed. As to the budget in general, discussion could be held after it was presented. III. Year in Review Kathy Biscuiti, Special Events Director, explained the 2011 Holiday Extravaganza attracted over 3,000 people between the parade and concert. The parade was .75 miles and last year, had 46 entries. It had a high entertainment value. Staff held the tree and menorah lighting at the Schoolhouse Children's Museum and then moved right into the concert. Vice Chair McCray inquired if staff reached out to local bands. Ms. Biscuiti explained the City has a Recreation and Parks employee that works with the bands every year. When the first parade meeting is held, letters would be sent to the bands. Last year, the Holiday Boat Parade had 35 boats and over 2,000 toys were collected. It was staffs goal to have the Marines on site to be in the parade each year and collect the toys for needy children in Palm Beach County. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 The new Amphitheater, hosting the Movies on the Avenue series, was the central feature on Ocean Avenue and it was a beautiful facility, especially at night. A screen is on the stage so all could watch the movie and have an unobstructed view. Last year there were between 150 to 200 viewers in attendance for each movie and staff then started bringing in the food trucks, which went well. Ocean Avenue also hosted the concert series and about 300 people attended weather permitting. If it rained, about 75 to 100 attended. It also showcased the Amphitheater and the food trucks were again, well received. The Fourth of July event drew 2,500 to 3,000 individuals. This year, the event featured the Monique McCall Band, the patriotic salute and the Police Honor Guard. Attendees were bused in from the high school, and this year, the fireworks provided by Grucci were better than ever. Ms. Biscuiti explained two other series took place. The Sunday Fun Day at the Marina only drew about 75 or 80 people. For those that came, it was a fun event with inflatables, steel drums, special guests such as SWAT teams, the Fire Department, and Rick Brochu providing fishing instruction. The other series was the Downtown Open Market on Ocean Avenue. The market used the civic center and had food trucks and a band. Many people attended throughout the day. Staffs agreement with the proprietors of the market was staff would pay the majority of the bills the first year and if they wanted to continue, then the proprietor would pay the majority. Staff was still discussing the event with them and anticipated holding one or two events with them this year. Chair Hay inquired, in terms of the Amphitheater and events for the Farmers Market, if staff was doing anything differently to increase attendance. Ms. Biscuiti responded they were and she would elaborate on it later. Mr. Karageorge acknowledged Myra Jones for her participation in the Family Fun Day regarding the arts and crafts table she ran for children. He noted she brought all the supplies on her own. Ms. Jones was also honored in the FYI newsletter Margee Walsh, Marketing Director, explained her function was to promote and market the great work the CRA did. This year, a marketing initiative was launched to create a campaign for local merchants which included a cooperative advertising element. It was a more affordable way for merchants and small businesses to purchase advertisements and get their names out to the public because it is done in groups. They partnered with the Palm Beach Post, Coastal Star, Comcast, and Palm Tran to create the Breeze into Boynton campaign. Each City had a slogan developed by the Convention and Visitors Bureau as a broader marketing tool. Staff obtained the County's permission to use it and brought it into the campaign for local merchants. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 A list of merchants that participated and an example of a cooperative ad was viewed. Staff limited the business names to four per ad for optimal exposure. Along with the campaign, street banners were created and placed on Ocean Avenue and Boynton Beach Boulevard. Staff received positive feedback with the banners and the Marina District. The CRA collateral was viewed as were other advertising campaigns, such as the November "Shop Local ", and the June, "Spring Deals and Steals ". Additionally each year, the CRA purchased an ad for the Chamber of Commerce Directory. This year, staff submitted their 2011 Annual Report to the Florida Redevelopment Agency (FRA) for its marketing award. Staff pointed out it was a marketing tool as well as a financial tablet. Staff also recognized the importance of working with the City and County and their marketing team. Staff was very busy with events. Examples were the MLK Seacrest Revitalization Project which began in June 2010 as a City /CRA collaboration using federal stimulus dollars. The CRA was able to obtain funds for its artwork design. The Walmart grand opening took place in October. As the result of the Direct Incentive Finance Agreement (DIFA), it created 150 full -time jobs. The Ocean Breeze West ground breaking ceremony took place in January. Currently, two homes were built and six more were under construction. The Seabourn Cove grand opening took place in June, and was nationally recognized as the largest green, multi- family community constructed under the National Green Standards in the country. The Heart of Boynton "Bury the Violence March" and City Hall painting were City projects staff helped to promote. On August 16th, the CRA held their first successful familiarization tour. Eleven food editors and writers met at the CRA office, and took a trolley ride, stopping at five downtown restaurants. The event went well and the feedback was amazing. Ms. Walsh listed the names of the attendees. Mayor Hay and his wife joined the tour to welcome all to the City. Ms. Walsh noted the type of editorial coverage the area would receive as a result of the tour would be incredible and both the Little House and Chrissy Benoit, the owner would be featured this week in the Sun Sentinel. Ms. Walsh discussed the Agency's website. Staff has their meetings videotaped and has the audio of each monthly meeting available so residents could listen to them at their convenience. Staff added a page to the Boynton Harbor Marina website for local businesses and because of staffs involvement with the County's Marine Task Force, they were asked by the Convention and Visitors Bureau (CVB) to participate in a virtual tour of the downtown which would feature Boynton Beach on their website for the first time. Ms. Walsh explained part of marketing is to promote special events to get people downtown. Mr. Karageorge commended Ms. Walsh on the seminars for the businesses. He commented it was not mentioned, but it was vey successful and well received. He Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 looked forward to seeing more of them. Vice Chair McCray also commended staff on the logos. Mike Simon, Development Director, reviewed the development projects they had this year, some of which crossed over from last year. The first was the Amphitheater, which was significant to the west end of Ocean Avenue and the activation of the Town Square as contained in the Master Plan and the CRA Redevelopment Plan. He noted it was a great way to see tax dollars at work. The next project was the Ruth Jones Cottage relocation and reconstruction. The cost was $393,930 and the project changed a corner of the downtown area to an active use with awnings, trees and music. Having the cottage relocated and getting media coverage made it a great town event. Photographs of the cottage were reviewed and Ms. Jones, the prior owner, attended the grand opening and greeted and spoke with the patrons. She commented the Cottage was "a good house." The ceiling, wood, and interior walls were constructed with the wood existing in it at the time of the move. The entire inside was taken apart, board by board, except for the floor. The wood was stacked and with the help of another contractor, was re- planed and stained from top to bottom. It was a great use of wood and greening practices. The Little House interior costs were anticipated to be $237,000 but were actually reduced to $182,000 which was a 25% savings. Overall, there was a savings of about $100, 000. Mr. Simon noted the $182,000 was not all Community Redevelopment Agency funding; about $40,000 was from the owner Next was the Marina Entry Tower feature. It was the part of the Marina improvements which were being implemented in phases due to cost. Staff submitted the slip project, which was close to $700,000, and the fuel dock reconstruction project to the FRA and hopefully would receive an award. Before and after photographs were submitted and it pointed out the improvements were a significant investment in the downtown, Staff was working with their design firm to move each phase of the Marina Redevelopment Master Plan forward. Photographs were viewed. Besides the landscape and hardscape improvements, staff was undertaking drive lane and traffic improvements, which doubled the size of the lot by 50 %. It extended along the water and made it more active. This project was a much better use of the entire space. It was permitted, drawn, and ready to go. The third phase was the Boynton Marina Harbor Master Building and Fuel Dock project. Staff had to redesign the fuel system and adjust its location. High speed pumps were installed to attract larger vessels who bypassed the Marina because of long fuel wait times. The drawings for the Harbor Master Building were 90% complete and the project was ready for permitting and to be finaled. The building was limited to 1,500 square feet. The Marina handled over a million dollars in fuel sales a year, depending on the season and weather. Memorial Day had the highest fuel sales. The Marina was a good Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 enterprise and the improvements were significant to the marine industry. Going forward, staff would like to see more drawbridges to allow larger vessels access at the inlet. Last year, MSCW highlighted the first phase of the Boynton Marina project, which included the slip renovations in their marketing materials used at the FRA. It was hoped they would do so again this year. Additionally, staff was trying to solicit individuals for the Marina signage on Boynton Beach Boulevard. Mr. Simon reviewed the Ocean Breeze West Infrastructure project. This included installation of the sewer system, streets and new homes on the site. This occurred in conjunction with the Seacrest Boulevard project funded through federal stimulus dollars. The project was completed and there were two homes under construction. A third home on the comer of 6th was under construction and five more Tots were being transferred for a total number of eight homes. He noted this was a significant project in that area. Vice Chair McCray inquired about Florida Power & Light as there were issues concerning temporary and permanent power. Mr. Simon had not heard any more negatives about the matter. Habitat for Humanity has an excellent working relationship with FP &L and he was not contacted regarding anything that was holding them up. Theresa Utterback, Administrative Services Manager, reviewed grants. This year the Board approved 30 grants totaling $357,000 or more. There were nine interior build outs, grant subsidies, 11 commercial facades and two signage grants. This year, staff retained businesses in the district, kept 20 employees, and revamped a building. Another upcoming business was Biergarten which would occupy a 6,100 square foot space in Las Ventanas. They were investing $1.5 million for the interior renovations. Hurricane Alley was assisted as were other smaller businesses. Even a law firm was helped as the attorney does all his shopping in the district and eats lunch in Boynton Beach even though he lives in Boca Raton. Various before and after photos was reviewed of Cuthills, Rustic Retreat, and Subway Regional offices. The commercial facade and signage grants had a private match of about $297,000 to the CRA's $90,800. The ratio was 3 to 1. This season would be even better as there were projects that were not yet completed that were not reflected. Interior renovation photos were also reviewed. Ms. Utterback explained these grants had a 4 to 1 match ratio. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 IV. Budget Discussion Items 1. Marina Slip Rents Ms. Brooks sought direction regarding Marina Slip Rents. Mr. Simon reviewed the agenda item as contained in the meeting backup. Since 2006, staff had assessed the rates. The slip rates were inconsistent so a rate of $14 per linear foot was established. Staff proposed to charge $16 per linear foot which was still lower than other marinas. Motion Mr. Karageorge moved to approve the increase in the Manna Slip rent from $14 to $16 per linear foot effective at the beginning of the fiscal year. Mr. Buchanan seconded the motion. Mr. Simon explained the tenants were aware the Board was contemplating an increase and it was advertised in their newsletter. The decision being made was in association with a preliminary budget hearing and the item would be back on the agenda as a formal matter. At that time, the tenants would be notified. The motion passed 5 -1 (Mr. Holzman dissenting.) 2. Maintenance of Boynton Beach Boulevard Extension /Promenade Walkway Ms. Brooks sought direction regarding an Interlocal Agreement between the City and CRA. In 2005, the City requested the CRA purchase property at the end of Boynton Beach Boulevard called the Hall property. The CRA did so and spent $1 million. Then staff embarked on creating Promenade Park, which was a $10 million project. A bond was floated and the Agency was carrying and paying the debt service on it each year. The Interlocal Agreement specified the CRA pays for the maintenance of that property which included trimming the bushes, the electric, and water. She also pointed out the CRA had previously turned the property over to the City In Ms. Brook's opinion, paying for the maintenance was not consistent with State Statute. She consulted with Attorney Cherof who recommended the independent auditor be contacted. The auditor's opinion was general expenses for maintenance was not an allowable use of the funds although repairs may be. Staff budgeted $50,000 per year. She requested the Interlocal Agreement be rescinded. Attorney Cherof explained to do so, the CRA should notify the City they were rescinding the agreement. Motion Mr. Holzman so moved. Mr. Karageorge seconded the motion. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 Mr. Karageorge explained this was not the only instance where the CRA was doing things that the City should be responsible for. While the CRA had three years of clean audits, they have not gone through the Florida Auditor General's review. If they did, they would be flagged. He wanted it on record that he wanted the City to know the CRA did not want to violate Statute. Ms. Brooks explained this was discussed with the Interim City Manager and she informed her she was bringing the matter to the Community Redevelopment Agency Board. There was also an Executive Order from the Govemor that applied to all Special Districts and their expenditures. While they would not audit everyone, Boynton Beach could be randomly chosen. She commented the City of Daytona Beach had to retroactively pay for items that were not an allowable use of CRA funds all the way back to 2005. When queried how much was spent this year, Ms. Harris explained of the $50,000 budgeted, year to -date, staff spent $8,200 for one item and $10,000 of $13,000 in landscaping costs that were under contract for this project. Ms. Hams had previously provided a chart to the Finance Director listing said expenditures. Chair Hay also commented that Attorney Cherof served as both City and CRA Counsel, which was difficult if conflicting issues arose. Attorney Cherof referred to page 3 of his memo. When the issue was first considered, the CRA was an appointed group and his law firm represented the City. Options were to hire counsel, or ask the Florida Auditor General to evaluate the situation. Vice Chair McCray inquired if his dual role as counsel to two entities was a conflict. Attorney Cherof responded it was an example of how there could be a conflict of interest in the way it was handled. This was the first occasion he could recall of any potential conflicts, but the potential for conflicts was present. He suggested handling the matter as outlined in his memo. The motion unanimously passed. The worst case scenario would be, if audited and the City had to repay the Community Redevelopment Agency for those expenses, the amount would be about $275,000, to date. Susan Harris, Finance Director, explained that the use of tax increment revenues and expenditures has to be closely monitored in accordance with State statute. A recent example of inappropriate use of tax increment revenue was in Broward County. The City of Lauderdale Lakes, transferred money out of the CRA account into their general fund to pay for operating expenses of the City of Lauderdale Lakes, which was clearly against State Statute. Ms. Brooks added it was not uncommon for many city managers to consider community redevelopment agency monies as a slush fund. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Au! ust 22, 2012 3. Potential Refunding of 2004 Bond Ms. Harris discussed the potential re- financing of a 2004 Bond and portions of a 2005 Bond. She and Ms. Brooks discussed this with the City's Finance Director, the CRA Financial Advisor and Bond counsel. Staffs Financial Advisor issued an RFP and the responses were due the next day so Ms. Harris could not speculate whether the responses would be favorable or not. The terms would be the same, but it would have lower interest rates, lower closing costs and may reduce the annual debt service. No action was needed at this time. Should the results be favorable, the item would come back to the Board and then the City Commission because the City guaranteed the CRA's debt. It was the City's guarantee that made the RFP credible. 4. DIFA Agreements — Recommended Policy Changes Ms. Brooks requested direction on their Direct Incentive Finance Agreements ( DIFAs). She commented the Agency has several of them and they have provided the Agency with a good reputation. Each time, staff included a public purpose in the agreement. With the economy and development beginning to resume, she thought they should focus their energy and money in the direction they want to go. She recommended they include goals and objectives in the agreements. One recommendation was to create permanent public parking in order for the downtown area to become a Transit Oriented Development, (TOD). The area was defined in the Downtown Master Plan and included the Old High School, creation of jobs in the biomedical, technology, healthcare, green energy fields, and /or construction of a corporate headquarters. Two future projects in the downtown were a 10,000 square foot specialty food store as part of a mixed -use project and the development of a flagship hotel. Ms. Brooks noted money was starting to flow and staff was starting to receive inquiries. Motion Mr. Holzman moved to approve all those policies as stated by the Executive Director The motion was duly seconded for discussion. Mr. Karageorge commented on the Preserve and that the CRA was recognized by the State as using a best practice with the project, but going forward, multi - family projects would not be included. He cautioned there would be groups approaching the CRA requesting DIFAs for these types of projects. But when the requests were made, it should be explained that the policy precluded those types of projects. The motion unanimously passed. 5. Economic Development Program — Recommended Policy Changes Mr. Simon reviewed the Economic Development Program and requested direction. He explained staff was recommending changes to the Commercial Interior Build -Out Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 Assistance program to require the applicant to provide a 50% match. Presently there is no match. Other changes included the applicant must obtain a building permit prior to applying for funding, only one 90-day administrative extension would be permitted, and the geography of the business and business type would determine the level of funding. Three tiers were proposed, which Mr. Simon reviewed. The amount of funding one would receive was contingent on the tier of the business. Motion Mr. Holzman moved to approve all of the policy directions. Vice Chair McCray seconded the motion. Mr. Karageorge agreed with the recommendations but noted the City has several non- profits and the provision would hurt them when they sought to expand. He requested the motion be amended to include non - profits. Ms. Brooks explained there were a multitude of non - profits in blighted areas, most of which were one - person shops, and the Agency would be inundated with applications. This year, staff was administratively doing away with the business plans and would use credit checks instead which would also be problematic for non - profits. She pointed out the Board had to make a decision if they would assist commercial businesses or non- profits and noted there were many grants for non - profits and very few for businesses. Mr. Holzman agreed non - profits were great but there was no tax dollar return. Additionally, the City funded many non - profits through the Community Development Block Grant program. There was consensus to not include non - profit organizations and the motion passed unanimously. 6. Magnuson House — 211 E. Ocean Avenue — Policy Direction Ms. Brooks requested direction and explained now that the Little House was open for business, they were receiving many inquiries about the Magnuson House. One issue that surfaced was potential tenants did not want to invest a lot of money to convert a house to a restaurant without owning it and another was parking. The Agency acknowledged the historical significance of the house. Staff recommended issuing an RFP and leaving it on the street for six months, and see what comes back. There would be deed restrictions imposed on the property, the Agency would provide $185,000 of the $337,000 in the line item to help offset the cost of the conversion, and the tenant would make an offer on the property. Ms. Brooks would order an appraisal prior to the RFP being issued, and allow the respondent to apply for additional grants as a Tier One business. n Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 Ms. Brooks sought Board approval because staff was requesting to take $150,000 from the $337,000 and roll it into the project fund. The $185,000 would also be available for incentives. It was pointed out Mr. Simon had shown the property a number of times. Motion Mr. Holzman moved to approve. Vice Chair McCray seconded the motion There was further discussion about the deed restrictions. The property could not be used for any other purpose, torn down or the street facade altered significantly without permission from the Community Redevelopment Agency. Mr. Buchanan also requested any agreements be set up so that if someone purchased it and decided to sell it, the Community Redevelopment Agency had the first right of refusal. Mr. Buchanan offered his suggestion as an amendment to the motion. Vice Chair McCray agreed with the amendment and the motion was unanimously passed. 7. Marina - Policy Direction Mr. Simon explained staff sought direction for budget purposes for the Marina. Currently the CRA expended $15,855 for the Marina's redevelopment. Staff proposed to roll $484,145 over into FY 2012 -2013 and add an additional $15,855 to bring the total amount to $500,000 in the new budget year for this phase of the redevelopment. He explained the funds would be for Phase 1 -Bm which encompassed improvements to the Harbor Master building and surrounding area. Motion Mr. Holzman so moved Ms. Ross seconded the motion that unanimously passed. 8 Special Events, Elimination of Non - Redevelopment Related Funding Ms. Brooks explained the Governor signed an Executive Order this year regarding investigations of special districts. Staff approached the Interim City Manager about an event that had nothing to do with redevelopment, which was the Fourth of July celebration. The CRA shared the cost of events and staff from 2005 to 2007 with the City. In 2007/2008, events were cut from the City's budget and the CRA held all the events. Ms. Brooks explained she did not see a nexus between redevelopment plans and fireworks, and she was not aware of any CRA that paid for fireworks. She thought it looked liked the City may have to pay the CRA back for all the years they paid for the event. This year she only requested the cost of the facility, use of the park and police and fire personnel costs so there would be some semblance it was a City event but that Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 did not occur. She was bringing the matter forward as a policy issue that she did not feel was consistent. The cost of the event was $75,000. Discussion followed if one read the Governor's Directive, he was examining the annual budget of each special district to determine the appropriateness of the budgeted expenditure. The Downtown Master Plan covered events, but not the 4th of July because of its location outside the District. Staff looked for locations there but there was no place to launch the fireworks. At the current location, the City used the barge. Every City wanted to do July 4th but the matter should be brought to the City Commission. The CRA received much press and it was not always good. Motion Mr. Buchanan moved the CRA not fund the 4th of July at this location and that staff continue to look for locations. Mr. Karageorge seconded the motion. Mr. Simon pointed out the issue was who consistently paid for the event prior to the expenditure. At some point, it was a City event that crossed over to them. The motion unanimously passed. V. FY 2012 -2013 Budget Overview Ms Brooks reviewed the CRA Revenues and noted TIF revenues dropped 6 %. Ms. Harris pointed out this budget was based on the current City and County millage rates. There was a 1% TIF true -up which meant the Agency would not get the final bill until everyone challenged their evaluations and paid their taxes. The Marina rents were flat. The Marina budget was down 9% because of the price of gas and this line item would fluctuate year to -year. The estimated revenues less debt service, operating and Marina expenses, the DIFA payments estimated at today's millage, and a brownfield payment to Walmart were reviewed. Ms. Brooks pointed out if the millage rate changed, staff would amend the numbers. New project revenue was $1,444,439. Projects funded through bonds totaled $29,611,676, and she pointed out the Agency was still paying on the Bonds. Project Fund Revenue and Potential Projects were reviewed. Staff moved $250K, which was the savings from the Ruth Jones interior renovations and $150K from the Magnuson House over to this budget bringing the total for new projects to $1,694,439, which was more than staff had to work with last year. The Special Events budget was reduced. Legal expenses were reduced based on work from the previous year. Realtor Training for Historic Preservation was funded this year, as was the development of Phase 1 Marina and the Harbor Master waterfront parcel in Phase 2. Funding for design, engineering, site work and demolition, economic development grants, and A 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Au! ust 22, 2012 marketing for merchants were all reviewed. Ms. Brooks anticipated the CRA would sunset when the District was more developed and become a Downtown Development Authority to handle downtown events and cleaning. She thought policy -wise, that was where they should be headed as it was done in West Palm Beach and other areas. Ms. Brooks was looking to develop parking across from the Police Station where the Ruth Jones Cottage originally sat, and budgeted $200K for the project Mr. Holzman left the meeting. Between the Old High School, Magnuson House, and Amphitheater, the area was already short on parking. She pointed out that was the part of the intent of buying the Ruth Jones Cottage. She explained what was presented was their slate of projects. She wanted to increase grants and parking if the millage rate was raised. Vice Chair McCray inquired if the Board was looking at everything as one scenario. Ms. Brooks commented these were the projects she was planning for this year. She expressed her belief the Magnuson House would be successful and parking was needed. If City Hall were addressed, it will be a longer -term project. The Capital Improvement Plan was reviewed which reflected the various projects. Mr. Holzman returned to the meeting Proposed special events included more money for the Holiday Concert and Boat Parade. Ms. Biscuiti explained at this point, the budget for the Holiday Extravaganza was the same as last year Staff slightly increased the budget for the Boat Parade. The Downtown Development Authority in Delray Beach was assisting by hosting the awards banquet for the Boat parade winners and staff was visiting various marinas to solicit boater participation. Mr. Holzman suggested awarding a larger prize and Mr. Karageorge agreed as the activity generated more activity at the Marina. Presently, the first to third place prizes were $300, $200, $100 respectively. The Movies on the Avenue budget would remain the same. The Concert Series would resume and the February concert was dedicated to the Heritage Fest. Ms. Biscuiti spoke with the Women's Club to continue the series indoors and they were amenable to doing so and would provide the catering. The Ocean Avenue Park Sunday concerts were new. Staff wanted to support the Little House and Hurricane Alley and would hold, during their Sunday Brunch, Music in the Park events from 12 -3 p.m. The Boynton Beach Haunted Pirate event would be held October 27th and 28th and feature musical acts, stunts, sword fighting, and 50 to 75 pirates, all in character. Food and beverages would be available. Children's events Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 were planned and the Children's Schoolhouse Museum would become a haunted house. So far, 20 acts were booked The Community Farmer's Market would continue and they had a good turnout each week. Rave reviews were received regarding the quality of the produce. The Kinetic Art Symposium was approved last year to be funded in this year's budget and Ms. Biscuiti noted in reference to general event support, it may be better to hire security for the two day event. The overall increase was $31 K. The Tax Increment Finance (TIF) estimates under different millage rates were reviewed. Calculations were provided for the current and rolled -back rate. When the millage was finalized, staff would return with ideas for funding. The Fund Balance Analysis of the General Fund was reviewed. There was an outstanding allocation to the Luchey properties. Attorney Cherof explained Mr. Luchey was having difficulty with the bank. If the sale did not go through, those funds would be returned to the Unassigned Fund balance. By Statute, staff had to invest funds in the District and Ms. Brooks recommended maintaining the balance there. Ms. Harris explained the CRA did not maintain a reserve whereas the City, per Statute, did. Their role was to reinvest the money in the community. Staff does maintain a reserve for the debt service on their bonds, but any other amount to be held was at the Board's discretion. Attorney Cherof clarified there were four legal categories to roll over under the State Statute. There was a contingency fund in the budget, but they had to have four layers of fund balance. This was a new requirement imposed this fiscal year. There was a non - spendable fund balance, a restricted balance where the bond reserve was, committed funds that the Board approved but not yet paid, and assigned and unassigned funds. Only the general fund could have a fund balance. VI. Review of General Fund, Project Fund, Debt Service Ms. Brooks reviewed the General Fund. Revenues were $6,725,000. Expenses for the Board increased 1% due to an increase in cell phones and all departments had an increase due to health care and retirement increases. General Fund expenses reflected an overall decrease of 4 %. Personnel costs as a percentage of the General Fund were 12 %. It was noted for a private sector company, 12% was vey low. Mr. Karageorge commented other Community Redevelopment Agency personnel costs were averaging about 20 %. He also commented if the millage was increased, in addition to increasing the DIFA amount, he wanted to reward employees based on merit. He noted the Agency was eligible for five awards from the FRA and merit increases were appropriate, but not necessarily across the board. He suggested it be an agenda item for the October meeting. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 22, 2012 Mr. Buchanan noted all expenses, except for the shifting of positions and insurance, went down or had small increases. Because of the pending litigation, the broker recommended Ms. Harris be conservative in general liability insurance this year. Ms Harris explained the insurance broker was getting quotes. Chair Hay commended staff on an excellent job. VII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:27 p.m. &)LIA-LICL Catherine Cherry Recording Secretary 082812 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, SEPTEMBER 11, 2012, AT 6:30 P.M. IN COMMISSION CHAMBER CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Steve Holzman Mark Karageorge ABSENT: Marlene Ross I. Call to Order Chair Hay called the meeting to order at 6:30 p.m. and welcomed all to the meeting. II. Invocation and Pledge to the Flag Chair Hay gave the invocation followed by the Pledge of Allegiance to the Flag, led by Mr. Buchanan. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Legal None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge pulled, Items D and E from X from X, Information Only. Chair Hay advised that VIII, Items D, E, and F would be tabled to the October meeting. B. Adoption of Agenda Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Se . tember 11, 2012 Motion Vice Chair McCray moved to approve the agenda as amended. Mr. Holzman 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 Mr. Karageorge announced he joined Kelly Smallridge at her son's softball game and discussed economic development. In addition, Boynton United was starting a program on mentoring which had been endorsed by the Chamber of Commerce. He also announced that Brad Miller would be having his ribbon cutting for his new office in the CRA district, at the old Subway office. The Chamber luncheon would feature the State of the City, the CRA, and the Mayor and Vice President of the Business Development Board (BDB). Chair Hay advised he attended the BDB gala. He heard some good comments on Boynton Beach, especially the green project and Seabourn Cove, which was the top project in the nation. B. Informational Announcements This item was combined with VI. A. VII. Announcements & Awards: A Sunday in the Park — October 7, 2012 Kathy Buscuiti, Special Events Director, announced a new event, Sunday in the Park. The first one would be Sunday, October 7 from 12:00 p.m. — 3:00 p.m. This event involves getting people to walk around the downtown. Many people come to have lunch or brunch on a Sunday and small groups would be set up the first Sunday of the month to get people to walk around. It was estimated the walk would take around 10 -15 minutes Vivian Brooks, CRA Director advised the City and CRA were nominated by Sustainable Florida for an award for Seabourn Cove. The award would be presented on Thursday evening, September 13. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting August 14, 2012 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 11, 2012 B. Approval of Period Ended August 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Contract between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 E. Approval of Contract between David Langley and the CRA for Art on Ocean Avenue in the Amount of $17,925 F. Approval of Contract between Jo Chamness and the CRA for Art on Ocean Avenue in the Amount of $10,000 IX. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log There were no comments on this item. B. Business Newsletter Mr. Karageorge commented it was a great effort by the staff. Ms. Brooks credited Heather English with the idea that keeps citizens informed what was happening in East Boynton Beach, what business were located there, among other useful things. Each newsletter would highlight a different area of the City. C. Memo to Interim City Manager Regarding Maintenance of Boynton Beach Blvd. Extension /Promenade Walkway and July 4th Event Ms. Brooks advised this was an item from the budget meeting and was included for information only. D. Back -up Regarding Citizen of the Year Award Procedure Mr. Karageorge commented that this was very exclusive as far as who could be honored. His intent with the proposed award was to be inclusive of everyone. He supports and commends the MLK Committee, but he would like to honor those volunteers and citizens who had contributed to the CRA and not base it on any other criteria other than the volunteer efforts and contributions to the CRA. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 11, 2012 There was discussion on possibly going to the MLK Committee first and verify that it was for every citizen and not excluding anyone. Ms. Brooks would approach the Committee. E. Fun Night Out — September 6, 2012 Mr. Karageorge advised he would like an update from staff on the success as he remembered it rained very hard that night. He noted some businesses seemed to do well, while others were affected by the weather. Ms. Brooks reported some businesses reported they did great and some reported they did not do very well. She reminded everyone it was not a CRA sponsored event but they just assisted them in their promotion efforts. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened public comments. John Porges, Chairman, Greater Boynton Beach Chamber of Commerce, 1880 North Congress Avenue, Suite 214, advised that their 600 business members employ 17,000 people in central and southern Palm Beach County. Great things were happening in the community and they were proud of the energy and productive alliances generating new appreciation and confidence in the future of Boynton Beach. The key driver was the enthusiasm of the CRA. Even with challenging times filled with economic distractions, the CRA had been tirelessly delivering on its mission to create a vibrant downtown core and revitalize neighborhoods within its district. He continued to praise the CRA for the great job it performs and the asset it was to the City. Chair Hay closed public comments. XII. Old Business: A. Consideration of Approval of Resolution No. R12 -04 Adopting the 2012/2013 CRA Budget Susan Harris, Finance Director, stated this item was to approve the final budget by Resolution, which would be ratified at the City Commission meeting on September 18 The only changes from the budget meeting on August 18 are all things that were discussed at the budget meeting. In the project fund, it was decided to consolidate the entire Marina funding so that Phase II of the Marina redevelopment could move forward which included the harbor master building, moving the fuel lines and performing all site work development. Since the CRA would not be funding the Fourth of July, that $75,000 was reallocated within the special events budget for other events that were discussed. The change in the General Fund was to remove the $27,000 from Promenade maintenance to two items. The CRA project maintenance for all CRA 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 11, 2012 properties was increased and the insurance quotes had not been in so that budget was increased by $10,000 because of the increase in the insurance line item for public officer's policy and employment practices liability. Mr. Buchanan inquired as to why there was such a large increase in the insurance. Ms. Harris advised it was for the litigation that was currently pending against the CRA by the former Executive Director. As an example this current fiscal year, $9,000 was paid to the officer's liability and employment practices. Next year, the quote was for $25,000. It unfortunately happens when an agency gets involved in litigation. Motion Mr. Karageorge moved to approve Resolution R12 -04. The motion was seconded by Mr. Buchanan and unanimously passed. B. Consideration of Resolution No. R12 -05 Authorizing the CRA Board to Enter into a Rate Lock Agreement with PNC Bank for the Refunding of 2004 and a portion of 2005 Bonds Ms. Harris introduced Mark Raymond, the CRA and City bond attorney and she advised he was available if anyone had any questions. There was an excellent offer proposed from PNC Bank. Ms. Harris explained the current interest rates on the 2004 bond and a portion of the 2005 bond that would be refinanced, with approval, was 4% - 5 %. The PNC deal was 2.56 %. Over the course of the loan, that would save $2.6 million, or over $200,000 a year. The key elements of the deal would be that it would be structured as a bank loan, rather than another bond. It lowers the cost of doing the refinance. The City guarantee would stay in place and the loan would mature in the same amount of time the bonds are currently structured. Approval was requested from the Board to lock in the rate of 2.56% with PNC Bank and also to sign and approve an agreement with the financial advisor's firm so that they could structure the escrow agreement and get the right investments. After that, the City would send out a notice to the taxing authorities to let them know this was happening. Motion Mr. Buchanan moved to approve R12 -05. Vice Chair McCray seconded the motion that unanimously passed. C. Consideration of Approval of Commercial Interior Build -Out Assistance Program Rules and Requirements for FY 12/13 Ms. Brooks advised these were the policy changes recommended at the budget meeting and covers Items C & D. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Se i tember 11, 2012 Motion Mr. Karageorge moved to approve this item. The motion was seconded by Vice Chair McCray and unanimously approved. D. Consideration of Approval of Commercial Rent Reimbursement Program Rules and Requirements for FY 12/13 Motion Vice Chair McCray moved to approve this item. The motion was seconded by Mr. Karageorge and unanimously approved. E. Consideration of Marina Management Agreement with Waypoint Marine, Inc. Mike Simon, Development Director, advised this item was the approval of the fuel dock and marina management services agreement with Waypoint Marine. Since the purchase of the marina in 2006, and the fuel dock in 2007, Waypoint Marine had been successfully operating them. There was an initial RFP done in 2007, Waypoint was selected as a carryover from the acquisitions. The final term of their second renewal ends on September 30 and based on the RFP, Waypoint was selected to be the contractor at a cost of $158,000 for the initial term of three years and two subsequent opportunities to renew for an additional three years. Motion Mr. Buchanan moved to approve the agreement. The motion was seconded by Vice Chair McCray and unanimously approved. F. Update and Request for Direction on Splashdown Divers, Inc.'s Commercial Interior Build -Out Assistance Program Grant Ms. Brooks advised this was brought before the Board at the request of the Board for updates. These grants were approved in January 2012. Splashdown received an interior facade grant for $15,000, an interior build out for $15,000, and a rent subsidy of $7,200. To date, they have a remaining balance of rent subsidy of $4,200, remaining balance of commercial facade of $14,393, have spent $600 in April and there was not much more they could do. Funds for interior build out, had a balance of approximately $6,952. They have applied to the City for a permit, but amendments to the plan must be done before the permit would be issued. The recommendation would be to extend the interior build out funds by 60 days so they can redo their plans and submit them to the City for approval. 6 Meeting Minutes Community Redevelopment Agency Board Bo nton Beach, FL September 11, 2012 Motion Mr. Holzman moved to approve the recommendation. The motion was seconded by Vice Chair McCray and unanimously approved. G. Update and Request for Direction on Splashdown Divers, Inc.'s Commercial Facade Grant Ms. Brooks advised this was related to Item F. There is a balance of $14,393 with no activity since April. The recommendation would be to close this out so the money could be used by another business. Motion Mr. Holzman moved to approve the recommendation. The motion was seconded by Mr. Buchanan and unanimously approved. XIII. New Business: A. Approval of New Marina Leases and Terms for Fiscal Year 12/13 Mr. Simon advised this was the annual approval of the Marina's dockage agreement which was the agreement between the CRA, as owner and the slip tenants. When the Marina was first purchased in 2006, there were no lease agreements with tenants and the Board chose to select a rate of $14 /1inear foot at that time. At the budget meeting this year, the Board approved setting a rate of $16/linear foot for the vessels in each slip. This item was for approval of the leases and setting the rate. Richard Wiltzy, 860 NW 8 Avenue, was the owner and operator of Off the Porch Intracoastal Cruises, located at Boynton Harbor Marina. He was present on behalf of many small business owners in the Marina and wanted to discuss concerns on the direction of the Marina and also proposed rate increases. They received the proposed rate increase along with a market assessment of marinas in the area. He, along with the other owners, felt it was unfair to compare this Marina with others due to the amenities they do not have such as direct access to the ocean, which restricts the type of boats and boaters the area. To compare the rates to Palm Beach or Ft. Lauderdale was not a fair assumption. Other missing amenities were bathrooms, pump out facilities, security, limited parking for patrons or owners and a ship store. While the owners appreciate all the hard work that had been accomplished thus far, there was still a long way to go. The request would be to increase the rent as the property improves and amenities become available. If an increase was necessary, a 7% increase would make more sense than a 15% increase. Ms. Brooks commented that the CRA pays Two Georges $750 per month for the use of the bathroom facilities. She also stated that parking in Marina Towers was for 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 11, 2012 everyone. She felt the increase was justified and that many dollars were being put into the effort on a continuous basis Mr. Holzman commented that after listening to both sides, he could not be in favor of the total amount being requested for the rent increase. He felt the rent should remain the same until the bathrooms were in place and everything promised was complete. At that point, the increase could be revisited. If an increase was necessary, he would agree with a 7% increase rather than the 15% requested. Motion Mr. Karageorge moved to approve the new marina leases and terms for the fiscal year 2012 -2013. Mr. Buchanan seconded the motion with discussion. He advised last year he was the swing vote to hold the increase. He now felt that with the money going in, an increase was substantiated. The motion passed 3 -2 (Vice Chair McCray and Mr. Holzman dissenting). B. Executive Director's Annual Review Motion Mr. Karageorge moved to accept the review. The motion was seconded by Mr. Buchanan and passed unanimously. Motion XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments on this item XV. Future Agenda Items: XVI. Adjournment There being no further business to discuss, the meeting was properly adjourned at 7 15 p.m. Ellie Caruso Recording Secretary 092412 8 BOYNTON cA =BEACH CRA BOARD MEETING OF: September 11, 2012 X 1 Consent Agenda 1 1 Old Business 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending September 30, 2012 FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve September financials. 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N U �[�i S g H 'z N aK I w o cn o � 4 4 M O co O 0 Boynton Beach CRA Purchase Order Report Month: September 2012 Vendor Amount Funding Source Description We Care 4 U, Inc. $ 15,000 Project Fund 02- 58400 -444 Commercial Interior Build Out Goren, Cherof, Doody & Ezrol P.A. $ 138,000 Project Fund 02- 58200 -401 Luchey Property Purchase Closing Jon Schmitt $ 15,000 Project Fund 02- 58400 -400 Commercial Facade Grant Swan Development $ 10,000 Project Fund 02- 58100 -203 Old High School Technical Support BBB Study - Engineering Analysis Kimley -Horn $ 16,300 Project Fund 02- 58200 -405 Services T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Monthly Purchase Order Report BOYNTON i4 BEACH Nth,„ CRA BOARD MEETING OF: October 9, 2012 X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for September 2012 FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. Susan Harris Finance Director 7 \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Rem Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Purchases Less Tha $25,000 doc „,„ ' ,.... ' BOYNTON4 ,, cRA =BEACH CRA BOARD MEETING OF: October 9, 2012 (Tabled - September 11, 2012) X I Consent Agenda 1 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Approval of contract Agreement between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract Agreement for artist Dee Dee Morrison in the amount of $10,000. FISCAL IMPACT: $10,000 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract Agreement between the CRA and Dee Dee Morrison in the amount of $10,000 for art. //II” Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Specimen Tree Art - Morrison doc AGREEMENT THIS AGREEMENT, dated the day of k , 2012, is by and between: Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA", and t 41 tc �� l4 ° `� in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: n _ro ALB I 1.1. RECITALS: Each `whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSTBTLTTIES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 22. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and/or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third -party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project, 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 75% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference insurance Advisory Form for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firth, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: CRA: Vivian Brooks, CRA Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747 -3256 Facsimile No. (561) 747 -3258 Copy To: James A. Cherof, CRAAttorney Goren, Chemf; Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 ARTIST: d e.e4 ee /warn 27.)4 .act c (l),rtA; 3 02-43 Telephone No. fZ . q y ( 1, c. 4 c c fin..c 1242.,s Q.. An ' t .. 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 6 of 8 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: 1 Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. Copyright of the artwork shAI1 belong to the creator(s), but the CRA or developer or property association shall be granted the right to make two - dimensional reproductions for non- commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: By: Vivian Brooks Print Name: Executive Director By: Print Name: COMPANY NAME By: 0 - 41 &4V-e....- AAA r t 5 �J `` P� '' By: ,vw nn s,r..) Artist Print Name: a,* By: By: Artist Print Name: STATE OF ALABAMA AL : : ss: COUNTY OF "St Ar Sa) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared fCL ter ir rr;,'S�"') as ay.. yy of 4'AaE'+ / (--4 ns who is personally known to me or who has produced J ale Cep: as identification, and acknowledged executing the foregoing Agreement as the proper official of 1,3.14.4... for the use and purposes mentioned therein and that the instrument is the act and deed IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this /Li day of 6tem °r , 2012. �f11► 114►4L (Signa : otary Public - tate of Alabama) (Print, T . - • r Stamp Commission Name of Notary Public) Page 8 of 8 r s �� A H . , �' - M 7 1 ,, a art ' `" � A . �." . . .: . mow. 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CU -C = a+ - 0 c s w u .§. w v - N VI 0 0 J ° _c t � °' av 3 c v v a, -C a u a, - a, G 2 1_ c I-° 1- (..D 2 N 0) M H 3 U1 2 0 (.3 W tr A. H Cl. J l � 111 I . • % • � In ( Z . 4 " N y� • , i tz N141444444-' I- s W W 0 W W 0 3 3 ,,, ,, „„., ,. BOYNTON =BEACH CRA BOARD MEETING OF: October 9, 2012 (Tabled September 11, 2012) X I Consent Agenda 1 I Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Approval of contract Agreement between David Langley and the CRA for Art on Ocean Avenue in the Amount of $13,780. SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract Agreement for artist David Langley in the amount of $13,780. FISCAL IMPACT: $13,780 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract Agreement between the CRA and David Langley in the amount of $13,780 for art. -/ , Vivian L. Brooks Executive Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012\Specimen Tree Art - Langley doc AGREEMENT' THIS AGREEMENT, dated the ,/ day of (/50 , 2012, is by and between: Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA ", and � � QV, A. I Qh JA f� in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project; and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration. the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page 1 of 8 ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. AB1TCLE1 SERNICUANDBESPIDISIBILMES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall fiumish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and/or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third -party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2,8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 JRMANJD TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement Page 3 of 8 ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 75% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated September 28, 2012, a copy of which is attached hereto as Exhibit "A ". ARTICLE 6 CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Forma for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee /employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtone payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments, 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration m the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or flint other than a bona fide employee working solely for ARTIST any fee, commission, percentage, Page 5 of 8 gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: CRA: Vivian Brooks, CRA Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747 -3256 Facsimile No. (561) 747 -3258 Copy To: James A. Cherof, CRA Attorney Goren, CheroC Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 ARTIST: ?ay.d tQh 41ei 3i Shim Rf ei Pr FOTi Pane Fr 319x2 -7764 Telephone No. 71) — f t j S y/ 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 6 of 8 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: • Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. ■ Copyright of the artwork shall belong to the creator(s), but the CRA or developer or property association shall be granted the right to make two - dimensional reproductions for non- commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: By: Vivian Brooks Print Name: Executive Director By: Page 7 of 8 Print Name: COMPANY NAME !4ur Sf ut tOS, I ne B. 1 itvt H: J)CZ.Vid Ja Je/ By; Artist - , j Print e: BY: Cd r '' B Y . Artist Print Name: STATE OF FLORIDA: :ss: COUNTY OF g}.Ltkta : BEFORE ME, officgr t�y authorised by law to�� and take ; lo�nu�w , leedgme�n, personally appeared Wild as of � _____ j int. who is personally known to me nr �e6ho has produced FOL.— as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of . IN WITNESS OF TFOREGOING have . t my hand and official seal at in the State and County aforesaid on this day of + . , 2012. air ,:, ANA - o ,''�t.17. • , .. -T. . ;:•;' m arm mn ' nom Sept, i 6, 2014 k 1 7 i . e or Stamp Commission Name of Notary Public) Page 8 of 8 EXHIBIT A • 44ii Boynton Beach: Where butterflies float on suiuly breezes through the trees, and Gulf Stream marine life glows admist nocturnal seas. ova 410 David Langley Jez %04 • SPECIMEN TREE PROPOSAL FOR BUTTERFLIES AND GLOW ORBS 9 -28 -2012 BUTTERFLIES 1. Butterfly sculptures (painted aluminum) 30" wingspan 2. Bearing housing adapter (aluminum connection to bracket system) 7. Each piece weigh under 10 lbs. Each spinning butterfly is $1,800.00 x 3 = $5,400.00 GLOW ORBS 1. Clear Lexan Spheres 14" to 16" diameters = $250.00 2. Related hardware: bolts, silicone, and acrylic rods. Lexan adhesive glue = $20.00 3. Hand blown glass orb sculpture each one original design = $500.00 4. LED light strips (waterproof) rated 45,000 hrs. 5' in each orb = $90.00 5. Flange harness connector (connects orbs to bracket system) = $100.00 6. Related hardware (nuts and bolts, s.s. cable and "X" hook) = $50.00 7. LED light strips from two less orbs combined into two of the 6 orbs for brighter light. 8. Each piece weigh under 10 lbs. EACH ITEM ABOVE x (6 pieces) = $8,080.00 Total for (9 pieces) $ 13,480.00 2 control boxes for lights $ 300.00* Total $ 13,780.00 7. Two Power supply box (transforms 110v to low voltage) = $300.00 (provided by electrician) 8. Two Control box (programmable for 7 colors and 4 effects) = $300.00* 9. Four Weatherproof boxes, pipe, hardware (to protect 7. and 8.) = $200.00 (provided by electrician) Combined 7.8. And 9. = $800.00 Installation will require renting a 40' drivable bucket lift for one day. $295 per day plus $200 for drop off and pick up fee = $495.00. *Actual number of individual pieces could be less then 9 but not more than 9, based on: 1. Sufficient space available to suspend sculptures so they are clearly visible primarily from the street. 2. Availability of tree limbs that are of good health, strength, elevation and size. 3. Easily accessible bracket locations to install from bucket lift. PAYMENT PLAN 75% to start fabrication and buy materials. 15% when have all work complete and ready to install. Photos of work to verify. 10% final payment at completion of installation, inspection and approval. David Langley, 3809 S. Indian River Drive, Fort Pierce, Florida 34982 Phone: 772 - 834 -5414 Studio, 2900 Northwest Commerce Park Drive #5 , Boynton Beach, FL33426 davidlangley01@comcast.net www.davidlangleyart.com WARRANTY The LED light strip is rated for 40,000 to 50,000 hours of use, I used for 6 hours a night, and it will last about 18 years. The other electronics should last nearly the same, as they will be sealed in weather tight protective boxes to eliminate water intrusion. The butterflies will not rust or crack over time because they are aluminum. The automotive paint finish will last as long as a cars paint job parked primarily under shade at least 85% of the time, which should beat least 10 years before any noticeable fading. The spinning bearing mechanism will last for at least 5 years because they are sealed form the elements and moisture. The lexan spheres will not yellow or fog or cloud or crack especially being only partly exposed to direct UV rays which is very UV resistant anyway for at least 5 years. The blown glass shapes inside are completely impervious to sunlight damage of any kind indefinitely. 'r S ` > ,, ; ;::,..°‘ ..., s � ' i _x ti .. }: ' 7 ' 1 .. f^ `. ,` _ `�,, . :.i . ♦ K .", .„.+ fit' r c $ . . ,._ .- . li . .,- . .., , ..: .....,„ - ,.„4. _ . :i:.- - ipsiiitia.... , , ..., P'' , ' '-:41,4s, �. ''v ya ��4 4 .j � niss _,�4i -..— ,, " may e r a E ", � ! j s ''404 • 1 , i ce � fr � , , 2 � t 1 eil . i A t-'; .. ,fir ,} i 1 i.. 0 • ` r , } r ".`. ..ill 1 Power needs for Civic Center Banyan Trees LED only require 100 watts per tree and that either both the control box and the power supply box could be at the base of the tree on the ground next to the 110volt junction box or, we could put just the controller box up in the tree, either set up will work it will just require the electrician to use the correct guage wire according to the distance. Each foot of LED Tight strip uses 4.5 watts, I will have four separate lines of 4' LED strips = 16' of LED x 4.5watts = 72 watts. So I will have a 100 watt power supply box going from the 110volt junction box. So 100 watts is the power needed for each entire tree setup. Li PI v5 s 50 (5) t " LE b.sTi ,fr r 9 0lt` •/1 vat/ I O J , i.� M vgi, Y ar IF NI ii) °. ,0" Jbd wa L Co" '1 ,41 /+t 600 dj a Lew vac-kg W ittP ri ce( wiR P q00 P 106 P7pI WreA ,-- #ee k u ,, v It s - ,EVii ii i ,,�� y: c ue ..F.1_, tnwvolk:ic 1 i wine \ — . —, s, _ o � N <_„,,A,6, - - 4 tlrF P'{ 1 si De view \ it i w. . 14o14 61As7- - C C. .57///a/2 'e , Oa ' el A\ 6, T,, ti F) 7tie t ( aped t `EP lf`'j' - X y f-i , Li ;. = i' /(v X ` , 5 ih' fx = 7d w41 /r w,11 v5e 001 11 poh,e ,, ,'Ndi6o, ti BOYNTON BEACH CRA BOARD MEETING OF: October 9, 2012 (Tabled - September 11, 2012) X I Consent Agenda I I Old Business I New Business I Legal I 1 Executive Director's Report SUBJECT: Approval of contract Agreement between Jo Chamness and the CRA for Art on Ocean Avenue in the Amount of $4,440 SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract Agreement for artist Jo Chamness in the amount of $4,440. FISCAL IMPACT: $4,440 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract Agreement between the CRA and Jo Chamness in the amount of $4,440 for art. Vivian . Br.. ks Executive Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Specimen Tree Art - Chamness.doc AGRRRMRNT THIS AGREEMENT, dated the day of H f ' , 2012, is by and between: Boynton Beach Community ,Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA ", ( CAttrnii?‘5 and ' J� in hereinafter referred to as " ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project; and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page 1 of 8 ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, fine or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and/or modify the public art design phase 1, when the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOp$ OESERVICBS ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the commlmity in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhi bit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. Page 3 of 8 ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 50% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A". ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement: Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, Page 5 of 8 gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States marl, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: CRA: Vivian Brooks, CRA Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747-3256 Facsimile No. (561) 747 -3258 Copy To: James A. Cherof CRA Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 7714923 ARTIST: C_ t7cc`i7 ti. Ii i c trc is F. 3 4 7 8 Telephone N'o. sot - (03 5 - t 4-9 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 6 of 8 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: • Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. • Copyright of the artwork shall belong to the creator(s), but the CRA or developer or property association shall be granted the right to make two - dimensional reproductions for non- commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: By: Vivian Brooks Print Name: Executive Director By: Page 7 of 8 Print Name: COMPANY NAME BY4 ,sto _fa: Of .... i . •4 • 0 /. Print `� r , O jd i �l►�t -.i Artist - G; lwd•. STATE OF FLORIDA : :ss: COUNTY OF k,wt �•rRc�i : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared J o C1nh turfs as 0 W of J v aIt.m who is personally (mown to me AJM as identification, and acknowledged executing the foregoing Agreement as the proper official of IT() (,.ytemAjAI for the use and purposes mentioned therein and that the instrument is the act and deed of TA...4w±nWsL. _ IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 3 0 ' day of Antis+ , 2012 CV ( ) . of Notary lic - State of Florida) - A-et _ L _ - C /14/0 .1tC 11.02 (Print, Type or Stamp Commission Name of Notary Public) • ? • MW L CHAMPAGNE -BAKER •"; MY COMMISSION # EE105317 EXPIRES July 29, 2015 u (407) aw0163 Floddablottwyeerlommta 4 t Page 8 of 8 EXHIBIT A N. s « ,3 • ‘ ? I. 4.1441410 . • • N. 4 r- 4 oh 11011* ' • 4 .. , iit . • 411 4 .. • `' ••• - T~ � • . •. T ? 1l .44.41s.— ` i , i y .. • , - V r ti r it ° J!: '� t ita 4 , ,. r e . '• w f ' , . rw;y� .. ,, ... " r • it 4. 1.‘ • AIIP 'IrW11111111 0 s • Op • , • �r ` �Ir +► Ir . i `i ` }` ye j - t • 4. 4. „ . .4,. r.,.......„.. • i ��i St ; I t , s lb 4 .., #' r • y , Drnnnc•ol In (`h , mnnr -r Cost Breakdown Specimen Tree Project Jo Chamness 561 - 746 -0922 Materials- Average Material cost per Fish $ 730.00 /per fish Copper sheet Copper tubing, misc copper components Stained Glass, Copper tape Glass Eye material, Glass marbles Solder, Welding Rods, Flux Stainless Steel & Hardware Cleaning Chemicals & Supplies Finishing Products & Supplies Air Brushing Paints & Supplies Misc Supplies- tools, weld gases, etc Time & Labor- Per Fish 35 -45 hrs per fish $ 750.00 /per fish Prep Time- layout Copper- clean, cut, shape, hammer Copper Tubing- cut, shaped Glass- clean, cut, wrapped, soldered Welding- Copper Frame, copper sheet to frame, fins Glass- Layout Formed to shape of fish body Glass soldered together, then into frame Washing & Cleaning between each step of the process Making of Large Eyes & Kiln Time Assembly of all parts, including eyes and accents Painting- layout, taping, airbrushing Final coating on piece Cost per fish $1480.00 Construction total for three Fish $4440.00 Installation - Labor - 1/2 day to hang, included in construction cost above Deposit of 50% due upon acceptance of proposal. Balance due upon completion Construction Details Jo Chamness 561- 746 -0922 561- 635 -3148 Each Fish will be constructed in basically the same manner. The frame of the fish will be made from %" copper tubing. Braces and reinforcements will be made from %" and' /." copper tubing. The tubing will be shaped and then welded together using copper welding rods. There will be an internal Stainless Steel Bracket that will attach to the Hanging System. The bracket will be made from 316 stainless steel threaded rod, %2" thick and flat stainless rod connecting the two vertical threaded rods. The threaded rod will pass through the copper frame. On the bottom edge will be washer, nut and cap; hidden within a fin, whenever possible. At the top, the threaded rod will go through the copper frame and into a stainless steel clevis bracket that will attach to the hanging system. The Hanging System being used is the one being designed by Artist David Langley and his team, specifically for this project. The shell of each fish will be covered with a combination of stained glass and copper sheeting. The stained glass sections will consist of small squares of glass approximately 1 " -2" in size, soldered together in an "open" mosaic pattern. The copper sheeting will be hammered and shaped and welded onto the frame. The glass sections are then soldered into the openings in the copper sheeting using an industrial grade solder. Details on the fish, such as the eyes, spots or stripes would be done with glass or glass marbles whenever appropriate. The copper shell sections will then be painted with Automotive Airbrush Paints. They will be painted to resemble the enclosed photos of the different fish. Lastly the entire fish will be coated in an Oil Based Exterior Coating. The fish will be 3 dimensional and finished on all sides, top and bottom. Material List Stainless Steel Bracket Threaded Rod- Threaded Rod, 316 Stainless Steel, Thread Size 1/2 -13, Overall Length 2 ft . Thread Direction Right Hand, Class 1A, Yield Strength (PSI) 45,000 Nut- Hex Locknut, Nylon Insert, 316 Stainless Steel, Plain Finish, Thread Size 1/2 -13, Thread Type UNC, Right Hand Thread Direction, Width 3/4 In, Height 19/32 In, Rockwell Hardness Not Rated, Temp 250 F, Resist Vibration Cap- Acorn Nut, 316 Stainless Steel, Plain Finish, Thread Size 1/2 -13, Thread Type UNC, Right Hand Thread Direction, Thread Depth 1/2 In, Width 3/4 In, Height 13/16 In, Rockwell Hardness B80/90 Clevis Brackets- size to be determined by final hanging system Fish Frame- 'A" Copper Tubing- Construction Copper, Inside Dia (In ) 0 436, Outside Dia. 1/2 In , Wall Thickness (In 1 0.032, Max Pressure (PSI) 727, Temp Range (F) 100 To 400, Standards ASTM Specification B280 %" Copper Tubing- Construction Copper, Inside Dia (In ) 0 190, Outside Dia 1/4 In , Wall Thickness (In ) 0 030, Max Pressure (PSI) 1406, Temp. Range (F) 100 To 400, Standards ASTM Specification B280 Welding Rod- Brazing Alloy Rod, Copper, Dia 0.050 In, Length 18 In, Brazing Range 1350 to 1550 F Container Type Box, Container Size 1 lb, Tensile Strength 93, 000 PSI, Used For Copper, Copper Alloys, Brass and Bronze, AWS A5 8 BCuP -2 Outer Shell of Fish - Stained Glass- Manufacturers used include Spectrum and Bullseye Glass Transparent- Transparent glasses boast their color in all manner of transmitted fight. OpaleSCents Opalescent (or Opal) glass is mostly opaque, yet displays a muted, luminescent glow when backlit SilverCoats We've taken unique art glass products, added a bright, reflective silver -coat to one side, and turned specialty glasses into shimmering super specialties— perfect for projects that demand bnitiancer Reflect a rainbow of color and texture with SilverCoats Solder- P Kay Metal specifications meet or exceed those established in ASTMB -32 ANSI /J -STD 006 (formerly QQS-571F) and JIS z3282 Copper Sheet- 0216 thick- 16oz Copper Sheet Alloy C11000 H01 Airbrush Paints- Auto Air Colors M are premium water -based custom paints developed by a leading manufacturer who has over twenty -five years experience in waterbome coatings technologies. Finish- Helmsman® Spar Urethane is a specially formulated protective clear finish for exterior that is exposed to sunlight, water, or temperature changes. It contains UV blockers to reduce the sun's graying and fading effects. Helmsman® Spar Urethane forms a protective barrier against rain and moisture and its special oils allow the finish to expand and contract as seasons and temperatures change. Hanging System will be purchased from Artist David Langley and his Team. Long Term Maintenance There is virtually no long term maintenance to be done. The pieces should be removed in case of a hurricane. Simply detach from the hanging system and store. Copper Fish Frame Design Layout Jo Chamness Frame for each Fish will be made from 1/2" and 1/4" Copper Tubing, Shaped and Welded, and Reinforced. The Stainless Steel Hanging Bracket will be encased in the Copper Frame. The Outer Skin will be made from a combination of Stained Glass and Copper Sheeting, The Stained Glass will be done in an "open" mosaic pattern, surrounded by sections made from Copper Sheet that is shaped and rounded, and then welded to the Copper Frame. The Fish will then be Airbrushed with Auto -Air Paints and sealed with an Oil Based Exterior Coating. Painting will resemble enclosed Photos. Fish is finished on both sides. 1/2" Copper Tubing Frame, Glass Mosaic welded © _ �' -' f Section 4 +v Stainless Steel Hanging Bracket 4 ir {ti Hanging Bracket bolted through 1/2" & 1 / 4 " Copper Frame Frame Copper Tubing covered by Reinforcement Hardware to be Shell made of hidden in Fins, 16 oz. where possible Copper Sheet then Airbrushed To Tree Hanging Design for Copper Fish Jo Chamness Fish will be attached to Hanging System as designed by Artist "4 David Langley and his team Stainless Steel Clevis Bracket bolted to Hanging System sit Clevis Bracket attached to Threaded Rod Stainless '. Steel Threaded Stainless Steel Rod Threaded Rod thru Copper Frame with "'°"._ Nut & Cap Fish Frame All Stainless Parts to made from 1/2" Copper Tubing, be painted and /or welded and reinforced. wrapped Stainless Frame to be encased in Copper Frame. Red Snapper Length- 34" Height- 15 ", with Fins- 19" Width- 4.5" Weight- 25 lbs ***weights and sizes are approximate* ** Brief Description - Body will be a combination of Glass and Copper Sheet. The Copper sections will be painted Bnght Red mottled with white, with touches of gold, orange and silver. The Glass sections will be done with Opalized Stained Glass, in shades of red, pink and white. Accents include Large glass eyes. • , 44* Mahi Mahi Dolphin Length- 43" Height- with Fins- 19" Width- 5" Weight - 25 lbs •••wcights and sites are approximate." Brief Description - Body will be a combination of Glass and Copper Sheet. The Copper section w ill be painted Bright Royal Blue on the top fin, graduating into Bright Green and Yellow as you move down the body. The Glass sections will be done with Transparent Stained Glass, in Bright yellow. Accents include large glass eyes. ., 4 /054. -.,, „ ..,. „ .-..-- — -4 -...bOr • - 9 —141411 J 4 4 ► tr o- ift . fi t Aug • ,} 2 Grouper Lenght- 43" height - with Fins- 23" \ ' v width-6" Weight- 35 lbs ***weights and sizes are approximate*** Brief Description - Body will be a combination of Glass and Copper Sheet. The Copper sections will be painted Burgundy with shades of silvery whites and pinks. The Glass sections will be done with Opalized Stained Glass, in shades of burgundy, pink and white. Accents include white marble spots down the sides and large glass eyes. 1 ` ir r- ./; ' ., **,•, ... •• r� f Z :,14,014,.410. .A+^ � 1.. y M 4 ,I4k r . r 1 • . gy p" ,, ' , - A k : .. + F . . ► "4 f c . „t 4 1. 4 4: ' a) � 0) . 1 )3 CD (/) • 2 � rn- v �o ca 0 m W a) C) m C C a) a a) 76 • o /�1 t V � J o W CO a 0 CL U 0 N Y O ° N Q) Q) J N 1 C1) o i.0 N Ct Sept. 12, 2012 To: Boynton Beach CRA Re: Boynton Harbour Marina Dockage rate hike Dear Sirs and Madames (and who it may concern): ...Unfortunately, we were not in attendance in last nights meeting, (due to a family emergency) pertaining to the Boynton Harbour Marina slip hike. As all of us being local citizens, there are many of us whom find our small business suffering in not only the National level, but locally right here in Boynton Beach....you folks can probably understand that no tennant at the Marina is in favor of a dockage hike, especially in light of the fact that many of the proposed improvements are not in yet..(ie: bathrooms). With that in mind, and me understanding that this rate hike is a "done deal" ...I respectfully ask the Boynton CRA to please consider their dockage rate hike to NOT GO INTO EFFECT UNTIL JANUARY 1 2013....and let me tell you why... As Charterboat business owners and operators in Boynton Beach (family owned and operated since 1961)...and 01' timers of this business...the FACTS ARE: THERE IS NO BUSINESS OR REVENUE IN THE CHARTER SERVICE BUSINESS BETWEEN LABOR DAY AND DECEMBER 26...PERIOD!...This is the time of year when my husband drives me crazy and I have to be very creative in my "honeydoos "....and I am dead serious about this...Geno does the grocery shopping during this time!...So, my point... it is the absolute worst time of the year...the worst month...to raise the dockage......further, I have reviewed your budget on the BHM, and 3 months of a delay would be infantismal to your budget planning...but HUGE to your tennants at what I want to eventually consider ... "THE BEST SMALL MARINA IN AMERICA" I wish I could have been there last night...but folks that know us...know why...and now, with our Charterboat Geno IV being struck by a bolt of lightning at the Boynton Harbour Marina this past Thursday...well, as of this date and time, there is 10's of thousands of dollars worth of damage... Anyway....PLEASE...Please I respectfully request your delay and or postponement of the dockage rate hike....until the 2013 season begins.... Very Sincerely yours, r Capt. Karen Pratt / y 0 ,, Li r* t r c t-M` = -� r ► -S ? 4- 3 A spI r t. C r ` a t �. BOYNTON CRA =BEACH CRA BOARD MEETING OF: October 9, 2012 Consent Agenda I I Old Business I New Business I Legal I I Executive Director's Report SUBJECT: Commercial Familiarization Tour Information SUMMARY: As part of the rebranding efforts of the City, the Chamber, City and CRA have been working on a Commercial Broker Familiarization Tour event that will take place on January 17, 2013. The purpose of the tour is to familiarize commercial brokers with Boynton Beach's economic development incentives, real estate opportunities and new and development regulations. The tour will start at the library with presentations by CRA and City staff, County Economic Development staff and a representative from the Business Development Board explaining how to staff economic development incentives to entice businesses to Boynton Beach. The second part of the tour will consist of a bus tour throughout the CRA district, the City and unincorporated areas to showcase real estate opportunities. This part of the tour will also be an opportunity for the brokers to see all of the new development that has occurred within the City. The tour will end with lunch at one of our area restaurants. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Economic Development Plan RECOMMENDATIONS /OPTIONS: Information only. ivian L. Brooks Executive Director T•\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2012 - 2013 Board Meetings \Oct 2012 \Com Fam Tour doc BOYNTON cR A =BEACH CRA BOARD MEETING OF: October 9, 2012 Consent Agenda 1 Old Business I New Business I Public Hearing X Other SUBJECT: Update on Economic Development Assistance to Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. SUMMARY: At the June 12, 2012 meeting, the CRA Board approved a total of $50,000 in Economic Development Assistance, $38,700 in Economic Development Grants & $11,300 from Marina Phase IB, to the owners of the Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. for the development of their new operations building (see Attachment I). Upon receiving building approval, construction began in earnest in late July and considerable progress has been made since that time (see Attachment II). It is anticipated that the project will be completed by October 31, 2012. To date, a total of $49,388 in CRA approved funding has been expended on the project. 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. FISCAL IMPACT: Previously approved Source of Funds: $38,700.00 from Economic Development Grants Budgeted Line 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: Update on Economic Development Assistance to Sea Mist Marina, Inc. /Sea Mist Enterprises, Inc. Michael Simon, Development Director T.IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2012 - 2013 Board Meetings\Oct 20121Update on Economic Devel Assist to SeaMist doc ATTACHMENT I ■ /Y r 4..." ' �,. ' Bo 0 . I I _ is . 21 1" a 4,41=2 1'1.'410. 1 ti , . V * 1 ---- , ( 411 ) _ — 141 ! • R �... 'teef isi> -. a i I , mat. • . Ir'._. , A . , . . - , . , I e I � ..i I _ ' r' 1 i r !, . , op ill • ,i 3 i t il ,,. ! � f r. t i fi Fl , ,. . . : . , 1 - - -.., , ak s C . it - i ... I k , .. 1 adllIllIll' a a ■ . / . SI' A V I. ,....,k, . ,... ..„ , i Ai' .... ,.• C.* '7 444 I I I P ,... i V ... 0 4 , • " 1 le iftifttr„,„ * , Illoi v Wil ' ft ' _7, .. 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' t ■ I 1 N, a' 1, \ 1 . „„; . ,, wrc, 1 y .. . .1\ ., - 1 4,'..„ tgo i -- - 1.-' ---,:: 1 \.;, .4- IMF, ' a I BOYNTON =BE CRA BOARD MEETING OF: October 9, 2012 1 Consent Agenda 1 Old Business 1 1 New Business 1 1 Public Hearing 1 X 1 Other SUBJECT: Media Outreach and Editorial Coverage SUMMARY: As a direct result of the August 16 Foodie FAM Tour, the CRA, participating restaurants (5) and downtown Boynton Beach received extensive editorial coverage in numerous articles written by reporters who attended the media event. (See backup) The following media advisories and press releases were distributed to members of local and national press, promoting CRA projects, programs and events: • Boynton Beach Art District Begins Open Mike Night!- August 12 • Plein -Air Artists pick up their paint brushes — August 21 • Fun Night Out- Giovanni Marquez (FSB)— August 31 • CRA Funds Aid In Construction Of New Marina Building— August 31 • "Sunday in the Park" — October 10 In addition to promoting the CRA through traditional media outreach (Advisories and Press Releases) Staff continues to increase the CRA's visibility through social media efforts: • Facebook posts- 75 • Tweets — 18 • CRA website — daily updates Be sure to "like" the CRA on Facebook: https://www.facebook.com/Boynton Follow the CRA on Twitter: https . / /twitter.com/boyntonbeachcra FISCAL IMPACT: N/a CRA PLAN, PROGRAM OR PROJECT: Marketing Department .BFCOMMENDATIONS: In ormation only �I /0l Margee Wars , M jing Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Oct 2012 \Media Outreach and Editorial Coverage doc EDITORIAL COVERAGE Boynton's hot new downtown dining scene Cozy, yes. Cool and chic, no thanks. `We're not trying to be West Palm or Delray.' Vs' �J By Liz Balmaseda, Palm Beach Post Staff Writer, Sept. 9, 2012 !; ;; ,:iP Q q h t BOYNTON BEACH. Portrait of owner and head brewer Mike Halker(cq) in the tap room of his Due South Brewing Co. in Boynton Beach. The beer themed artwork behind him was created by his wife Jodi. Due South Brewing opened a tap room in Boynton Beach to show off its craft beers, which are available throughout South Florida. View Lar. er r si r. r ? Boynton Beach - Customers enjoy the soft opening of The Little House restaurant, formerly the historic Ruth Jones cottage, in downtown Boynton Beach Saturday afternoon. The cottage included numerous transformations, including Dade County pine wood panels that were saved and restored to make the new ceiling. In April, the city and owner Chrissy Benoit's Adventurous Palate Food Co. signed a lease that will give the historic 823 - square -foot building at 480 E Ocean Ave. new life both as a restaurant and a part of the city's transformation of the Ocean Avenue area into a dining and entertainment destination. Alli i k. , A BOYNTON BEACH. The kitchen (inside an Airstream trailer) at The Backyard (formerly Cuthills) at 511 NE 4th St., Boynton Beach 0 t BOYNTON BEACH - Sweetwater Bar & Grill in Boynton Beach. E.�► Boynton's new dining scene BOYNTON'S BEST BACKYARD Boynton Beach restaurateur Chrissy Benoit hosted a brunch last weekend at her popular new tavern and eatery, The Little House. People showed up in pajamas. At her request. The pajamas thing was a coded message of sorts to the enthusiastic clientele she's been packing into the re -done cottage she opened in mid -July, a tiny place serving inspired small - plates and craft brew. The message, to paraphrase, goes like this: "No need to dress up for an exceptional dining experience — you with me ?" Benoit is the sparkplug chef and cafe owner who helped launch The Cottage in Lake Worth and then turned that city's Havana Hideout into a stop on Guy Fieri's red Camaro road trip that is Food Network's Diners, Drive -ins and Dives, But after selling Havana in November and partnering with Boynton's Community Redevelopment Agency early this year, Benoit now operates amid the powder -blue walls of the historic, wood -frame structure formerly known as the Ruth Jones cottage that was transported and revamped after being purchased by the CRA. Every corner of its 823 square feet of interior space — with its reclaimed Dade County pine, Mason jar glasses and bar -mop towels for napkins — tells the story of renovation. Now like new, the cottage is a metaphor for downtown Boynton's spiffy new dreams, In less time than it takes to say "early bird special," boring Boynton has become hip and utterly crawl -able. A new crop of bars and eateries beckon the county's beer -savvy and adventurous palates, generating a downtown boomiet. In three short miles, a bar - hopper can hit the cool, re -done cottage, a retro - styled speakeasy bar just south, an Islamorada -esque outdoor bar off Federal Highway, and a cavernous brewery that doubles as a funky beer garden. Welcome to downtown Boynton, the new hot zone, nestled between trendy downtown Delray and bohemian Lake Worth. It's a district defined by a breezy, low -key attitude and a desire to be unlike anyplace else. "Our downtown is a little bit different than others. It's a little more Key West -y, if you have to make a comparison. You can wear shorts. You can wear flip - flops. You don't have to wear high heels," says Vivian Brooks, executive director of Boynton's CRA. "We're not trying to be West Palm or Delray. We're offering something a little different." If the vibe is relaxed, the vision is far from it. The push of the CRA and local bar and restaurant owners to bring life to a depressed area is an aggressive one. The vision for the downtown hub — east of Seacrest Boulevard, between Boynton Beach Boulevard and Ocean Avenue — is all about personal expression, says Brooks. Benoit agrees: "It's about finding that cool, organic balance of individual energy. It's like this natural little garden that's loosely organized, just enough to motivate We're not like Delray, which has this `keeping up with the Joneses' vibe. We've got boutique -y, personalized places." Fellow businessman James Hall echoes her thought. He's the former finance guy who in March opened The Backyard in a formerly dilapidated block just off Federal Highway. It's a sprawling, open -air bar and eatery, serving fresh - grilled foods out of a vintage Airstream trailer. Green -lit palm trees signal visitors to the open lot that's nearly hidden from the view of traffic. Once there, bar -goers are rewarded with regional craft beers on tap and some of the best Kobe sliders this side of Atlantic Avenue. "I built a place that is a conglomeration of places I've been and places I want to go to. And I think that's what's happening here," says Hall. "I think proprietors have given a lot of personal time and attention to their places. It's a matter of heart, not just business " He has plans for downtown Boynton beyond his laid -back Backyard. He's in the planning stages of The Abbey, a stylish pizza concept to be housed in an Old English abbey -like structure located just north of The Backyard. He's also planning The Hangar, an upscale American bistro that would be an homage to vintage aircraft. He hopes to have both concepts up and running within a year and a half. Down the street from Backyard, a starkly different concept has been just as successful at Sweetwater Bar & Grill, an eclectic spot that combines a speakeasy aesthetic with a gastro pub menu. Owners Clint Reed and Sean Iglehart have poured a whole lot of groovy into this cocktail- centric space. It's about crystal chandeliers against exposed brick, wildly imaginative drinks stirred with house -made infusions and barrel -aged spirits, craft beer and a nicely curated wine list. All this amid a cookie - cutter row of storefronts just north of Woolbright Road. "Who would have thunk it in that little strip center there, and who would have thunk it in Boynton Beach? But there's a renaissance going on here," says CRA chief Brooks She points to a new influx of younger residents flocking to eastern Boynton as a sign that this dining boomlet is not just a passing thing. "We've gotten over 4,000 new units up in east Boynton, attracting younger people who want to be near the beach, near 1 -95 and near their jobs." 0 Katy Lynch is one of those youngsters. The creative strategist behind the Savor Tonight wine - and -dine club, which hosts weekly visits to South Florida restaurants and bars, Lynch moved to the city months ago from West Palm's Northwood neighborhood Now she enthuses about the newly sprouted scene in Boynton "There are some great neighborhood hangouts It's comforting that you can go to a place a couple of times a week," she says. "I mean, when Little House first opened, I think I was there like 12 times in the first week " The young hipsters also want to be near the beer. Just north of Sweetwater, another kind of speakeasy unfolds in an industrial patch of High Ridge Road, where the Due South Brewing Co. set up shop about four months ago. In a cavernous space appointed with stainless steel fermenting tanks, brew master Mike Halker turns out close to a dozen core beers, ranging from refreshing blonde and saison brews to deeper, bolder stout. That echoing warehouse is also home to one of the coolest hangouts in South Florida, an untailored bar in a brewery Park in the back lot, just off Industrial Way and you'll find the brewery tucked between Sherwin - Williams and Boynton Beach Marble and Granite. You'll pass a food truck on your way into the 15,000- square -foot warehouse, where you'll find a couple of bars, TV screens, a scattering of tables and chairs, and plenty of fresh - brewed cerveza. It's a brewery but on love Halker stumbled onto the home -brew circuit while researching how to make sulfate -free brew for his wife, Jodi. In fact, one of his most popular brews, the Caramel Cream Ale, is the vanilla- infused beer he concocted for his wife, testing it for two years before she finally gave her seal of approval Now the couple tends to the sprawling taproom on nights when beer lovers converge. Some bring their own grub, others buy food from an on -site food truck On a recent night, fellow Boynton business owner Benoit bellied up to the bar for a taste of the Southern Saison farmhouse ale She's long familiar with Halker and his brews He was one of the amateur brewers who entered her home brew competition at Havana Hideout some years ago He entered his "Category 3 IPA," a Florida -style golden ale. He won top prize Now he makes beer that's served in some 90 restaurants and bars One of them is Benoit's Little House, where a new "brew -off' competition is brewing It happens Nov 4. from 4 to 7 p m Benoit says she's got 20 brewers competing "They're all non - professionals — like the Olympics used to be," she says "At this point, I'm turning people away " And that new brunch she rehearsed last weekend? It went so well, she's making it a regular weekend feature at Little House, where brunch will be served from 10 a.m to 2 p.m., with the last seating at 1 p.m Reservations are suggested. Pajamas are encouraged DO THE BOYNTON CRAWL Newer spots The Little House: 480 E. Ocean Ave., Boynton Beach; (561) 420 -0573. The Backyard Boynton Beach: 511 N.E. 4th Street, Boynton Beach; (561) 740 -0399 Sweetwater Bar & Grill: 1507 S. Federal Highway, Boynton Beach; (561) 509 -9277 Due South Brewery: 2900 High Ridge Road, #3, Boynton Beach; (561) 463 -2337 Some old favorites Hurricane Alley: 529 East Ocean Avenue, Boynton Beach; (561) 364 -4008 Prime Catch: 700 East Woolbright Road, Boynton Beach; (561) 737 -8822 Two Georges: 728 Casa Loma Boulevard, Boynton Beach; (561) 736 -2717 Banana Boat: 739 East Ocean Avenue, Boynton Beach; (561) 732 -9400 Coming up Biergarten: a beer - centric bar with self -pour options on South Federal Highway; scheduled to open in October. The Abbey: an upscale pizza concept housed in an abbey -like setting, near Federal Highway; planned for a February opening. The Hanger: a retro - styled American bistro near Veterans Park on Northeast Fourth Street; planned for an opening within a year and a half. — Liz Balmaseda (59 Sweetwater Bar and Grill: Raising the bar in Boynton Beach and offering crafty beverages, carefully prepared food Chan Lowe, Sun Sentinel, September 21, 2012 After studying the menu of Sweetwater Bar and Grill, with its many pages devoted to dozens of small - production flavored gins, rums, tequilas, single -malt scotches, bourbons and beers — not to mention a custom cocktail list that reads like an alcohol - induced hallucination ( "Death and Taxes," "Mexican Cockfight," "Spanish Inquisition ") — you might conclude that this is primarily a drinking establishment that happens to serve some bar fare on the side for appearances' sake After all, the food section barely fills one page You would be wrong on several counts Sweetwater is not just a bar, but as Amber, our well - informed server, explained in a lengthy discourse, one that emphasizes house -made flavorings, infusions, additives, locally produced fruits and vegetables, and craft liquors and beers produced by small distilleries and brewers You would also be shortchanging yourself regarding the victuals — for the same philosophy prevails in the bill of fare, which offers high - quality and imaginative dishes that any restaurant would be proud to serve As for atmosphere, the postage- stamp -size bar and grill Isn't just a place where people randomly gather Its cozy comfort manages to generate that spark that turns a roomful of strangers into a cohesive group all having a great time together There are small conversational areas with sofas. a high- topped trestle table in the center, an enormous and dramatic bar with multiple layers of bottles, and small, intimate tables This could easily be a neighborhood bar in any city in the North, except that its solid and liquid offerings occupy a much - higher plane of quality We brought along an intrepid band of tasters willing to sacrifice their sobriety for the greater good and to plow their way through as many of the specialty cocktails as possible In general, we discovered that these drinks were not Just gimmicky beverages, but carefully thought -out concoctions, each of which expressed a character Amber was happy to recommend for the appropriate context Examples were "Death and Taxes" ($10), composed of rooibos- tea - infused gin, elderflower, lemon and Fever -Tree tonic — a crisp refreshing aperitif to sip while studying the menu The "Morphine Drip" ($10), an amalgam of two kinds of rum, fresh orange, pineapple, Coco Lopez and a lot of nutmeg, was characterized by our specialists variously as a "girly drink " "a Christmas drink" and "a good one to pass out by the pool with " Amber suggested the "Bacon Old Fashion" ($12) for after dinner This potion had a smoky flavor thanks to the bacon - infused Temptation bourbon, maple rye, maple syrup, bitters and orange zest "Breakfast at Tiffany's" ($10) had a slice of cucumber in it and was dubbed a "spa drink" (by this time, our jury had ceased caring about the ingredients) All the drinks sported a single enormous ice cube floating in the center To help absorb all the liquor, nothing is more effective than the rich, heavy spinach and artichoke dip ($10), topped with a crust of Asiago cheese and served with bias -cut French baguette Once you've tasted this dish, you just can't quit (though you know you can any time you want to) Another great sharing appetizer is the charcuterie plate ($20), served on a wooden cutting board with several artisanal cheeses (including a creamy smoked Gouda), aged salami, prosciutto, some olives, and an inexplicable pot of Tupelo honey A bread accompaniment might have been helpful Main courses of note were the Cedarville skirt steak ($21), also served on a board, possessing an incredible tenderness and richness of marinated flavor, topped with two huge onion rings and piled onto smashed potatoes (red skin included) with side schmears of garlicky chimichurri sauce Another standout was the Tahitian tuna tartare (an excellent value at $16), which arrived as a layered molded cylinder of raw yellowfin tuna, crushed avocado, cucumber, tomato and fresh crab with a wasabi sauce. It was cool, fresh, light and delectable In all cases an enormous amount of thought had been put into artful presentation t.` Our conclusion was that, even though Sweetwater has the feel of a local bar, it's worth traveling the distance from anywhere in South Florida to downtown Boynton Beach to visit. Its just that good. And you'll probably find yourself coming back to sample what you missed the first time around. Sweetwater Bar and Grill 1507 S. Federal Highway, Boynton Beach 561 - 509 -9277, Sweetwater33.com Cuisine: Eclectic Cost: Moderate Hours: Dinner nightly Reservations: Not accepted Credit cards: All major Bar: Full service Sound level: Can be loud Outside smoking: Yes • +• 4 4. V A vol - Boynton Beach Gets Its (Dining) Act Together 1 Boca Raton Magazine Page 1 of 2 V (/) flZ 'Jt SUBSCRIBE htt bocamag.mysho ' ions /bo< ..,.. , magazine) • boca hag.mysh lis /pay © woo ( http: / /www.facebook.com /bocamag) subscriptions) (( ■ (fin -the- BLOGS PHOTOS ( /galleries /) I VIDE P(/ i4leos /) CALENDAR ( /events /) GUIDES ADS (/ adindex /Taj azine /septe (http: //ttwitter.com /bocamag - 2012/) ABOUT US ( /about /) S /interest.com/bocamag /) Boynton Beach Gets Its (Dining) Act Together MOST RECENT BLOG Aug 24th 2012 By Bill Citara Share ..M. .y . .. »... .. fib. A vibrant downtown is the Holy Grail of every city. And like the Holy Grail, the wanting it is a lot harder than the getting it. Throw in the continuing effects of our Great Recession and it's harder still, especially if you're a city without a clearly defined downtown (and main drag), one that's battling poverty and crime and other urban woes. It's no secret Boynton Beach is one of those cities, which is why the evening's foodie tour I took last week, sponsored by the city's Community _-... Redevelopment Agency, was particularly impressive. Instead of just rolling ( /blc..- over or squabbling amongst themselves (here's looking at you, Lake Worth) or coming up with grandiose plans that amount to nothing, the city is putting its money and effort where it's mouth is in an effort to attract new businesses and create a thriving commercial- entertainment corridor in the East Ocean Avenue -South Federal Highway area. Recent Bogs It was an eye- opener for me, because outside of a couple of restaurants, I never really considered Boynton Beach when I made my own dining plans. So to The Week Ahead: Oct. 2 to 8 recap the tour and plug some restaurants that really do deserve your business, ( /b(og /2012/10 /the - week - ahead- oct -2 -to- here goes... 8) We started off at The Backyard (511 SE 4thSt., 561/740- 0399), a little slice of the Dennis Max to Open Mexican Eatery Keys in a funky industrial area just off South Fed. I've written about it several ( /blog /2012/10 /dennis- max- to -open- times before but suffice it to say that as a place to hang out, drink from a long mexican- eatery) list of craft beers, snarf down some of the best smoked fish dip in South Florida Concert Review: Adam Ant at Seminole Bog Roll and a thick, juicy burger, listen to live music and channel your inner Jimmy Casino Coconut Creek Arts & Events Buffet, The Backyard is definitely where it's at Next we wandered over to Chrissy Benoit's Little House (480 E. Ocean Ave., 561 at- seminole- casino - coconut - creek) events) Dining - 420 - 0573). The 1941 - vintage Ruth Jones cottage is indeed tiny, though it's got Let the Beach Party Begin ( /blog /category /dining) a spacious covered outdoor deck. But if you've eaten Chrissy's food at The Community Cottage or Havana Hideout, you know that while the house may be minuscule, 0)10g/2012/09/let-the-beach-party-begin) Ublog /category/community) the flavors are big and bold. Check out the butter - tender Indian butter chicken, Small Bites: All the Restaurant News Shopping killer Chinese chicken salad, nifty little dessert "tea cakes" with a variety of You Can Use (/blog /2012/09 /small - bites- I /blog /category/shopping) fillings and toppings, and wicked -good individual pineapple upside -down all- the - restaurant- news -you- can - use -18) Delray Beach Cakes. Ubtog /category /del- ryl After that we walked down the block to Hurricane Alley (529 E. Ocean Ave., Debate Watch 561/364 -4008) estaurant I'd heard of but never been to. Very cool... like a cross ( /blog /category/debate between New Orleans and the Keys. Lots of really fresh seafood and strong - watch) drink with a real locals' vibe. Slurped down impeccably fresh Blue Points with a Events Calendar little cocktail sauce, a killer version of oysters Rockefeller made with clams, and a tender, meaty Provencal -style seared scallop. Washed them all down with a piquant jalapeno margarita, one of my new favorite cocktails. ( OCTOBER '12 ) RSS Next stop was another very cool place. Very different, but very cool. It's SUN MON TUE WED THU FRI SAT (/blog /feeds /rss /) / Sweetwater Bar & Grill (1507 S. Federal Hwy., 561/509- 9277), a new - fashioned Atom speakeasy- slash- restaurant that owners Sean Inglehart and Clint Reed made ( /)log /feeds /atom /) into the kind of hip, urban hangout you'd expect to see in SoBe or SoHo or 1 2 3 4 5 6 SoMa. Great craft beers, boutique wines and mixological cocktails, plus a menu of small plates from flatbreads to Korean tacos to truffled lobster mac 'n' 7 8 9 10 11 12 13 cheese. I love the feel of this place and can't wait to go back. Finally, we barely managed to waddle in the door to Prime Catch (700 E. 14 15 16 17 18 19 20 Woolbright Rd., 561- 737 - 8822). There's nothing nouvelle or trendy about this seafood specialist, then again, there doesn't need to be. When you source really 21 22 23 24 25 26 27 fresh fish and shellfish, much of it local, prepare it simply but properly and serve it at reasonable prices without a lot of bullpucky, well... you can't beat 28 29 30 31 that. I still dream about their fried clam bellies, and we slurped up a version of bouillabaisse that was almost ridiculous in its amount and variety of fresh VIEW FULL CALENDAR ( /events) seafood. Boynton Beach. Who'd a thunk it? But you might just be as surprised as I was. (...‘) Something's cooking in Boynton S'G The city finally has a dining scene.... Eat up! iJ by Maria Murriel, Sun Sentinel, 5:05 PM EDT, August 22, 2012 On a balmy Thursday afternoon, bar guests at Cuthill's Backyard sip light ales and fruity cocktails under a roomy wooden hut while seated on bar stools made from thick pieces of carved wood. A few feet away, a silver 1971 Airstream trailer stands among neon -lit palm trees, housing a kitchen where chefs make mahi -mahi dip and conch fritters. They're at one of three new restaurants in downtown Boynton Beach, an area that has seen an increase in residents younger than 40 in the past five years, and with it the emergence of a dining scene. "Now, we have choices for young professionals in the area that are looking for a place to go," says Margee Walsh of the Community Redevelopment Agency, which has spent hundreds of thousands of dollars to spruce up the city's restaurants. The Backyard, 511 NE Fourth St., opened earlier this year with help from the CRA, and it's become one of Boynton's go -to spots. What was an empty lot last year is now a loud bar serving fresh fish cooked by chefs trained in four -star Hawaiian restaurants. A half - mile south, a renovated 1920s house turned bistro serves 20 craft beers on tap. The Little House, 480 E Ocean Ave., is owned by chef Chrissy Benoit. She previously owned Lake Worth's Havana Hideout, a Cuban restaurant featured on the Food Network's "Diners, Drive -ins and Dives." At the Little House, Benoit has both tandoori chicken and smoked salmon pizza on the same menu, which she couldn't do at the Cuban - focused Hideout. She also makes innovative desserts, including the Pop Rock petite citrus sour cream pie, which has a layer of Pop Rocks at the bottom. The quaint restaurant opened in July, inside a historic cottage the CRA moved on a flatbed truck from its original location on First Street and First Avenue. Benoit operates without a full kitchen to preserve the decades -old infrastructure, so she preps proteins and sauces in her West Palm Beach kitchen studio. The chef hosted brew -offs at the Hideout, and she's already planning the Little House's first one. Come Nov. 4, roughly 20 homebrewers will make their best fall styles for up to $1,000 in cash prizes. "People that are good with food would really enjoy brewing," she says. "It's really ingredient- based." Benoit's interest in libations goes further than homebrewing: Within two weeks, she expects to begin filming the Internet TV show "Life Behind Bars," a reality show from the perspective of the Little House's bartenders. 0 Clint Reed and Sean Iglehart of the Sweetwater Bar and Grill, 1507 S Federal Highway, also love crafty liquids Their bar resembles a 1930s speakeasy It's dim and small, with elaborate chandeliers and an immense selection of spirits "We want to be the best in cocktails in the Southeast," Reed says Sweetwater opened in April 2011, carrying about 100 bourbons, 45 gins and 85 bitters, a type of flavoring alcohol that's popular in today's cocktail culture. Its take on the old fashioned includes a bacon - infused bourbon and maple rye with two types of bitters Reed claims the fish the restaurant serves is so fresh, the local fisherman who delivers it passes by the bar before even heading to his own market after the catch Menu highlights include lobster mac with cold -water tails and white truffle oil, and a veggie flatbread with hummus, asparagus tips and zucchini Reed and Iglehart are designing a new bar, to be built in the empty space next to Sweetwater The menu's not settled, but it will be what Reed calls a purer, "even more old- school" approach to cocktails He and Iglehart are not the only ones with big plans Jim Hall, owner of the Backyard, is designing a three -story bar in the style of an English abbey, to be built adjacent to his lot Alessandro Silvestri is working on opening the Biergarten, located next door to Sweetwater, in time for Octoberfest Once finished, these places would only add to the handful of dining gems in Boyntor Beach. The family -owned Prime Catch, on 700 E Woolbnght Road, has been serving upscale seafood since 2004, and Hurricane Alley's Kim Kelly gladly cooks the fish people catch on her husband's charter boat The restaurant, at 529 E Ocean Ave , has an extensive seafood menu and a list of cocktails crafted by Kelly herself "We've noticed lately, with the new and also established restaurants, there's a synergy that's beginning," the CRA's Walsh says "Our whole goal is to develop the downtown area ° MEDIA ADVISORIES PRESS RELEASES For Immediate Release: Boynton Beach Art District Begins Open Mic Program On August 16, 2012 ActivistArtistA Gallery will host the Inaugural Open Mic Program for local poets, singers and musicians as a part of a continual commitment to enhance the arts in Palm Beach County. This is an out door event, beach chairs and Blankets are encouraged! Registration begins at 6:30 PM Program commences at 7PM and runs through 10 PM. Al ages are invited to participate. This event is hosted by Ron Dusinberre. "ActivistArtistA Gallery where the Muses Mix!" ActivistArtistA Gallery The Boynton Beach Art District 422 West Industrial Ave Boynton Beach, FL 33426 786 - 521 -1199 Rolando Chang Barrero Plein -Air Artists pick up their paint brushes and "Breeze into Boynton Beach Plein -Air artists scheduled to paint at the Boynton's Arts District ARTWALK EVENT, 422 West Industrial Avenue y ^, Plein -Air artists Brennan King and Pati Maguire August 21, 2012 Boynton Beach, FL — Original artwork created by individuals known as Plein -Air Artists, will be on display at various Boynton Beach locations and at special events, beginning August 23 through the end of March, 2013. South Florida -based group, which has over 130 members who gather at scheduled Plein -Air Meet Ups, gave become known for their colorful landscapes depicting Boynton Beach landmarks, such as the Boynton Inlet, Mangrove Park, Boynton Harbor Marina, Green Calf Preserve and Arthur Marshall Loxahatchee Preserve Park. The "Breeze into Boynton... Plein -Air" exhibit, opening at the city library in December, will also include two artist receptions and a silent Auction, benefitting the AIPP and Friends of the Library programs. The public is library is located at 208 South Seacrest Boulevard, Boynton Beach, FL. s rxm� _ • Canvas by Ralph Papa, "Fishermen at the Boynton Inlet" plein -Air, a French expression that means "in the open air ", is used to describe the act of painting outdoors. The oup, whose artwork has been referred to as spontaneous and impressionistic, was organized by Ralph Papa in 2010, and includes art patrons and artists of all levels. Along with Papa, co- organizers Pati Maguire, Steve Nash, Stan Dornfest, Brennan King and Ted Matz welcome area and visiting artists to come out to paint beautiful South Florida landscapes that document every day life and tomorrow's history. This year they will be painting at the CRA's newest free family event, the Haunted Pirate Fest, on Saturday October 27 and Sunday, October 28. Gates open from 10:00 a.m. — 5:00 p.m. along east Ocean Avenue, between Seacrest Blvd. and NE 1 Street. Mark your calendars with thees dates and stop by one of the following locations to meet the artists ana \new they painting Meet Up sessions • August 23, 7 - 9 pm Arts District, Art Walk, 422 West Industrial Avenue. • September 14, 7 -10 am Oceanfront Park (City Beach), 6415 N. Ocean Boulevard • October 7, 3 -11 pm Arts District, "Golden Celebration ", 422 West Industrial Avenue. • October 27 and October 28, 10am - 5pm CRA's "Haunted Pirate Fest," 128 E. Ocean Avenue • November 23, 9am - 11am (Black Friday) Renaissance Commons (SE Corner Gateway Blvd. & Congress Ave.) • September — December Boynton Beach Civic Center, 128 East Ocean Avenue • December - March, 2013: The "Breeze into Boynton. Plein-Air" exhibit • Thursday, December 13, 2012 at 6 - 8pm: Artist Reception Boynton Beach City Library, 208 South Seacrest Boulevard Silent auction with partial proceeds to benefit the Friends of the Library and the Art in Public Places Program • Thursday, April 11, 2013 at 6 - 8pm : Artist Reception sponsored by the Arts Commission Boynton Beach City Library, 208 South Seacrest Boulevard Giovanni Marquez Takes His Fashion Expertise to Las Vegas for a Mens Clothing and Fo... Page 1 of 1 PRWeb Online Visibility from Vocus Giovanni Marquez Takes His Fashion Expertise to Las Vegas for a Mens Clothing and Footwear Buying Trip Labor Day is Quickly Approaching and Giovanni Marquez Brought Brand New Fashion to FashionMensWear.com from Las Vegas (PRWEB) August 31, 2012 The Las Vegas Convention Center was packed with thousands of buyers from across the nation. The weather was steamy as the summer sun beat down on the sidewalks. Once inside, the buyers were prepared to walk 10 miles of bustling isles stocked with fashion mens wear, mens shoes and shirts for men. Tens of thousands of styles clamoring for face time with each and every buyer Brand representatives calling out for attention as buyers passed two and fro At the registration desk each buyer was handed a show tag placed around their neck, a packet of convention information and the all important order sheet. With pencils sharpened and a laser -like focus each buyer prepared to enter the gauntlet. The convention doors opened and there it was... a multiplicity of mens clothes not to be seen anywhere else. Giovanni Marquez, the managing director of FSBMens.com in South Florida has been at this for more than three decades. An expert by any measure he prepared himself as he does every season by wearing comfortable Fluchos slip -ons, a Jared Lang polo, walking pants by Gruppo Bravo and a knitted cardigan by Revolution to guard against the chill of the air conditioned hall. Pencil in hand Marquez explained, "as buyers, we must first start and then finish a walk- through taking notes as we go. With acres of styles and name brands to review it may take several walk - throughs before we can make any decision." All buyers feel the same amount of panic It's a gamble on selecting the fashions they believe will sell Buyers must know and understand their customers and stock accordingly. But even with a well managed strategy its a dice roll. According to Marquez, "Las Vegas is the perfect venue to place my bet." A buyer like Marquez will spend two or three days reviewing suits, shirts, shoes, and accessories. Towards the end of the week he will make up his mind and face the convention one last time With copious notes regarding the thousands of items he has reviewed, he'll find a quiet space on the property to begin the ordering process. As a buyer he must calculate more than the styles he wants to offer. With a good memory about who his customers are he will venture a best guess about sizes and amounts. Buying for a mens wear store is not for amateurs. Don't try this at home.. only professionals need apply. Contact Information Yohanna Reis Fashion Menswear http://www.fashionmenswear.com 561 - 736 -9977 Disclaimer If you have any questions regarding information in these press releases please contact the company listed in the press release Please do not contact PRWeb® We will be unable to assist you with your inquiry PRWeb® disclaims any content contained in these releases Our complete disclaimer appears here © Copyright 1997 -2012, Vocus PRW Holdings, LLC Vocus, PRWeb and Publicity Wire are trademarks or registered trademarks of Vocus. Inc or Vocus PRW Holdings, LLC Terms of Service 1 Privacy Policy - BOYNTON CR BEACH CONTACT INFORMATION: FOR IMMEDIATE RELEASE Margee Walsh August 31, 2012 Boynton Beach CRA Marketing Director 561 - 737 -3256, ext. 204 561- 685 -8883 walshmbbfl.us CRA FUNDS AID IN CONSTRUCTION OF NEW BUILDING FOR ONE OF BOYNTON'S HISTORIC, MARITIME BUSINESSES The Garnsey family, who founded the Sea Mist Enterprises in 1956, constructs new operations building at Boynton Harbor Marina Photos, click here to download: ■ w ,rte Conceptual rendering of Construction to be completed Captain Burt Garnsey new Sea Mist III building by September, 2012 runs family fishing charter business with his brother and sister News Facts: • The Boynton Beach Community Redevelopment Agency (CRA) Board approved $50,000 in funding towards the construction of a new operations building for the Sea Mist III, a popular deep sea drift fishing boat, with daily charters out of the Boynton Harbor Marina. seamist3 com or 561- 732 -9974 • Source of funds: $38,700 from Commercial Economic Development Grant, and $11,300 from the Boynton Harbor Marina Redevelopment Phase 1B Project Fund. • Building will be located in the Boynton Harbor Marina on land owned by the Garnseys, considered one of the founders of Boynton Beach's historic marina industry Their business operations span four generations and have been operating out of the marina since the early 1950s • New building will be consistent with is expanding the scope of the Boynton Harbor Marina renovations from a fishing /boating facility, to an updated, pedestrian - friendly destination. • Marina Timeline 1956 — Sea Mist Marina, located 1 /2 mile south of the Boynton Inlet, was home of "Lyman Docks" 2006- CRA purchases marina for $4 7 million 1 2007- Name changed to Boynton Harbor Marina 2008- Approval of Boynton Harbor Marina Master Plan 2009- Marina renovations begin 2010- Completion of Phase I• updated electrical, exterior lighting, utility pads, two new fish cleaning stations with 19, newly fitted boat slips and gangways 2011- Installation of Marina Entry "Lighthouse" Tower and Signage Quotes: o "We like the idea of preserving businesses at the Boynton Harbor Marina are delighted with the progress; anything that can increase business is a good thing" said Jeanette Garnsey, co -owner of Sea Mist III "Our grandfather built the old building in the 1960s, and we think he will be proud of the new version " o "Karen & I are so thrilled to be back in Boynton at the newly renovated Boynton Harbor Marina, a place where we grew up charter fishing in the 60's, 70's, and 80's We started here just a few slips from where I am now, back in 1961 with my parents charter boat Little Geno. I am so impressed with the downtown marina redevelopment that I just had to relocate from Lantana " Capt. Geno and Karen Pratt o Boynton Beach Mayor and CRA Chair Woodrow Hay remarked, "The Garnsey family has played an important historical part in Boynton's on -going fishing industry. We are extremely proud of their commitment to the community and will preserve their heritage through the revitalization of our marina." Community Impact The CRA purchased the marina in March 2006 as a move to preserve the city's heritage and, natural resources, as well as increasing public access to the waterfront. The initial marina purchase was financed from a bond issued in 2004 The marina renovation project is an integral component of the Boynton Beach Downtown Master Plan and has also been identified by Palm Beach County's Overall Economic Development Program as one of four "Manna Villages" under the County's Strategic Economic Development Plan The Boynton Harbor Marina will be the first of the proposed villages to be developed and will set the precedent for design, materials, structures, safety and accessibility standards for future projects. The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods For more information on the CRA, Its programs and activities, call (561) 737- 3256, or visit www boyntonbeachcra.com Follow us on o r D 2 BOYNTON u BEACH 01 it"" � MEDIA ADVISORY Media contact Margee Walsh Marketing Director (561) 737 -3256, ext 204 FOR IMMEDIATE RELEASE Walshm @bbfl us October 1, 2012 WHO: Boynton Beach CRA (www boyntonbeachcra c,on+) WHAT: Sunday in the Park Concert Series S u nd - '<<, / / Plan your Sunday afternoon around a free event that includes live, acoustic blues by local musicians, "Cannon and Cohen." performing outdoors, in a beautiful park setting This new concert series will be held the first Sunday of every month — except December- and is a great opportunity to visit one of downtown Boynton Beach's popular dining spots for brunch, or stroll the docks of the Boynton Harbor Marina before or after the show Remember to bring your folding chairs or blankets so you can kick back ano listen to some great tunes, under the shady trees' WHEN: Sunday, October 7, 2012, from 12 00 p m - 3 00 p m Future dates *November 4 *March 3 *January 6 April 7 *February 3 *May 5 WHERE: Veteran's Park: http //goo giimapsiJG T Je Northeast corner of East Ocean Avenue and NE 4 Street Boynton Beach, FL (Located across the street from The Little House restaurant) This is a free community event, open to all ages Call 561- 742 -6246, visit www boyntonbeac hcracomJnewseuentsur , or follow us on IC or ### SOCIAL MEDIA Media Outreach Facebook, Twitter and Media Advisory Updates Date 'Media Tool (Weekly Posts /Distribution 8/14 - 10/01/12 Facebook 7 5 Twitter 18 Media Advisories and Releases 5 \1A /.,.,L L, DonnrfeWtioo kk, Rannrt nR11 tnl (1(131 FACEBOOK POSTS 08/13 — 10/01/12 75 361 .1.12 %% o Friends of Fans'Friends of FansThe number of unique people who were friends with people who liked your Page. 172,2845 0.64 • o People Talking About This'People Talking About ThisThe number of unique people who have created a story about your Page. A story is created when someone likes your Page; posts to your Page Wall; likes, comments on or shares one of your Page posts; answers a question you posted; responds to your event; mentions our Page tags our Page in a ghoto; checks to at your Place; or recommends your Place. 474x161.11 o Weekly Total Reach'Weekly Total ReachThe number of unique people who have seen any content associated with your Page . This includes Ads and Sponsored Stories that point to your Page. 625• -1.73% • • • • • 0-0 • • • • -��• -- Boynton Beach CRA Page 1 of 3 Search for people, places and things Margee Walsh Voice Find Friends Home _ You are posting, commenting, and liking as Boynton Beach CPA — Change to Margee Walsh ��""" _ _ _ _ _ _ jil Boynton Beach CRA Timeline Liked Create Page see your Ad Here Boynton Beach 0 Overview I Likes Reach Talking About This Check -Ins All All dates and times are in Pacific Time Export Data Total Likes' Friends of Fans' People Talking About This' Weekly Total Reach' Total Subscribes The BBCRA serves t 361 *1.12% 172,284 t 0.64% 47 4161.11% 625 i- 1.73 °%o " redevelopment community by auctiii that create a vibranl downtown co... B7 Posts' People Talking About This' Ell Weekly Total Reach' Like Margee W likes this Get More Likes Sep 7 Sep 14 Sep 21 Sep 28 Page Posts (Updated 3 minutes ago) All Post Types { Date? 1 Post ? 1 Reach? Engaged Users? Talking About This? 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Head to "Sunday in the Park," October 7, 12:00 p.m. - 3:00 p.m. http: / /j.mp /Su166m 2€ set Boynton Beach CRA (afBovntonBeachCRA Boynton Beach Commissioner Ross leaves WXEL, takes job in Miami http: / /shar.es /514Xx via sharethis 26 Sep Boynton Beach CRA CkBovntonBeachCRA Business of the Month http: / /j.mp /ObRXN2 21 Sep Bovnton Beach CRA OBovntonBeachCRA Sweetwater Bar and Grill: Raising the bar in Boynton Beach http: / /www. sun- sentinel.com/ entertainment / restaurants /sf- sh- sweetwater -bar- and- grill - boynton- 092112- 20120921,0,7882687.story ... 17 Sep I Bovnton Beach CRA BoyntonBeachCRA Florida Fishing Academy to host golf classic http: / /www.sun- sentinel.com/ news /palm- beach /fl- florida- fishing- academy -golf- 20120916,0,3879248.story ... 14 Sep Bovnton Beach CRA OBoyntonBeachCRA The City of Boynton Beach and Boynton Beach CRA win the Sustainable 2012 Best Practice Awards — Government! http: / /j.mp /SL3A07_ 10 Sep Bovnton Beach CRA OBovntonBeachCRA Boynton Beach Fishing Club - September 25 at 7:30 pm - special guest Captain Danny Barrow. Boynton Beach Boat Ramp http: / /www.BIFC.orq_ sE Boynton Beach CRA OBoyntonBeachCRA Ocean Avenue Home - OPENING Saturday, Sept. 8 at 11 a.m. 412 E Ocean Ave. Mention this tweet for 20% off. https:// www .facebook.com /OceanAvenueHome ?ref =ts ... Ames 4 Sep +* ActivistArtistA ActivistArtistA Round 3! Open Mic Night at ActivistArtistA... Where the Muses MiX! Hope to see ya there! Thursday's Belong to... http: / /fb.me /li3NpDEJv Retweeted by Bovnton Beach CRA zi Sep Boynton Beach CRA OBoyntonBeachCRA Sept. 6 — FUN Night Out with Food & Fashion, Downtown http: / /j.mp /OjYPV5 23 Aug Boynton Beach CRA OBovntonBeachCRA IT'S ALL ABOUT BOYNTON !!! TONIGHT!!! Art Walks! Exhibitions! Music! Dancing in the Street! http : / /actwistartista.blogspot.com /2012 /08 /begining- this- thursday- activistartista. html 23 Aug Boynton Beach CRA 4BoyntonBeachCRA Something's cooking in Boynton http: / /www.sun- sentinel.com /entertainment /restau rants /sf- sh- boynton- restaurants - 082412- 20120822,0,4489349.story 23 Aug Boynton Beach CRA OBovntonBeachCRA Boynton Beach to get historical resources designation http: / /shar.es /7v1Pi via Osharethis 20 Auc Boynton Beach CRA OBovntonBeachCRA Boynton CRA to hold budget workshop http://shares/7W9Vn via Osharethis 16 Aug Boynton Beach CRA OBovntonBeachCRA August 16: Public Invited To Open House at Beachcomber Art! http : / /www.boyntonbeachcra.com / ?p =3932 15 Aug Boynton Beach CRA OBovntonBeachCRA Big plans for the Little House http: / /www.sun- sentinel.com /news /palm beach/boynton- beach /fI- bbf- Iittlehouse- 0815 20120815,0,256 ... 14 Aug Boynton Beach CRA OBovntonBeachCRA View CRA's FY 2012 -2013 Proposed Budget http : / /www.boyntonbeachcra.com / ?p =3924 Page 1 of 1 Brooks, Vivian From: Robert Weisman [RWeisman @pbcgov.org] Sent: Friday, September 14, 2012 10:33 AM To: Brooks, Vivian Cc: Steven Abrams Subject: FW. Diveshop Building - Boynton Marina Fyi. From: Robert Weisman Sent: Friday, September 14, 2012 10:29 AM To: lynn @splashdowndivers.com Cc: BCC -All Commissioners; Denise Nieman; Howard J. Falcon III; Ross Hering; Verdenia Baker; Jon Van Arnam; Eric Call; Robert Weisman Subject: Diveshop Building - Boynton Marina Ms. Simmons, this is in follow -up to our phone discussion of last week and the County Commission meeting earlier this week. It was your proposition that the County has the right under the grant agreement to force the Boynton Beach CRA to re -open the old dive shop building for you to provide dive services as that was a marina use at the time of the execution of the agreement. As I indicated in my response to you and the Board on Tuesday, the County Attorney does not agree with that proposition and their opinion is consistent with previous legal advice offered to the Board on this issue. Quoting directly from the response I received from the County Attorney: "They can maintain the dive shop building (closed condition) indefinitely without violating our grant agreement. We don't have the right to require a dive shop." I would further explain our position that the intention of the grant was to broadly enhance or maintain marina /waterfront business activity for the public. The County did not dictate in the agreement specific businesses or business activities that must be preserved. The approval requirement that brought the demolition request to the Board was an attempt by the Board to cause the grantee (Boynton CRA) to justify structural changes to the property that might impact on overall public access and services. It was a majority Board decision to find that the demolition was inconsistent with that goal. As long as the Boynton CRA abides by that decision, there are no further causes or ability for County action. There has been no question that the Boynton CRA has conducted itself in overall accordance with the agreement and has enhanced the public marina. It is hoped that your dive business can prosper under current and future arrangements and that you be able to work cooperatively with the Boynton CRA for the future. Bob Weisman PBC Administrator Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in wntmg. r BOYNTON cRA =BEACH CRA BOARD MEETING OF: October 9, 2012 Consent Agenda 1 X 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Update on Boynton Beach Blvd. Improvement Project SUMMARY: The CRA contracted with Kimley -Horn in November 2011 (See Attachment 1) to look at methods to enhance Boynton Beach Blvd. from Seacrest to Federal Highway, specifically to add landscaping, wider sidewalks, public art, etc. The purpose of the project would be to enhance the entry into the downtown area. Kimley -Horn reviewed the traffic data for Boynton Beach Blvd., and submitted a preliminary concept plan to FDOT for their comments to the concept. FDOT responded on August 2 The comments basically were for the consultant to provide more information and that the concept was generally acceptable to FDOT. Kimley -Horn will be presenting an update on the project at the October 9 CRA Board meeting. FISCAL IMPACT: None at the time. Information only. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Continue with the planning process. Vivian L. Brooks Executive Director T CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 20121BB Blvd. Update doc C — ri K nley -Hom — and Associates, Inc. October 31, 2011 Ms. Vivian L. Brooks • Executive Director sums 200 Boynton Beach CRA 1920 Weluva Way 710 N. Federal Highway West Palm Beach, Flonda 33411 Boynton Beach, FL 33435 Re: Lane Reduction Study Boynton Beach Boulevard Boynton Beach, Florida Dear Ms. Brooks: Kimley -Hom and Associates, Inc. ( "KHA ") is pleased to submit this agreement (the "Agreement ") to Boynton Beach CRA ( "the Client ") to provide professional traffic and transportation engineering consulting services for the above - referenced project. We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 We understand that you are considering the viability of a lane reduction to Boynton Beach Boulevard between Seacrest Boulevard and US 1 in Boynton Beach, Flonda. Therefore, a study including data and analysis for the proposed lane reduction is needed. Our proposed scope of services, schedule and fee follows. SCOPE OF SERVICES Task 1 — Initial Meetinas KHA will meet with representatives from the City and the CRA at up to two (2) meetings to obtain information about the project area to facilitate development of a conceptual design of corridor enhancements that address the needs of all users of the corridor and relative motorized and non - motorized modes of transportation. These design concepts will be presented to the City and CRA for approval and will be used for presentation to the public. Concurrent with this assignment, KHA will compile essential data including, traffic volume count data, crash data, existing intersection geometrics and pedestrian activity to develop a Mobility/Traffic Analysis which will be used to confirm lane configuration and intersection improvements to meet future design year traffic projections. KHA will also meet once with the Palm Beach County Traffic Division and once with the Florida Department of Transportation Traffic Operations Division to discuss the preliminary methodologies and concepts of the proposed roadway modifications. Task 2 — Data Collection and Transportation Mobility Analysis The following items summarize the proposed methodology and scope of services specific to the data collection effort necessary to analyze the effect of reducing the subject segment of Boynton Beach Boulevard (SR 804) between Seacrest Boulevard and US 1 from five lanes to two lanes with a median and left turn ■ TEL 561 845 0665 FAX 561 863 8175 El Kimley-Hom M L and Associates, Inc. lanes. Using this information, expected roadway and intersection operating levels of service will be established and conceptual typical can be developed. Roadway Segment Volumes Current peak hour and 24 -hour traffic count information will be obtained for the following count locations within and adjacent to the study area: • Boynton Beach Boulevard between Interstate 95 and Seacrest Boulevard • Boynton Beach Boulevard between Seacrest Boulevard and US 1 • Seacrest Boulevard north of Boynton Beach Boulevard • Seacrest Boulevard between Boynton Beach Boulevard and Ocean Avenue • Seacrest Boulevard south of Ocean Avenue • US 1 north of Boynton Beach Boulevard • US 1 between Boynton Beach Boulevard and Ocean Avenue • US 1 south of Ocean Avenue • Ocean Avenue between Seacrest Boulevard and US 1 • MLK Boulevard between Seacrest Boulevard and US 1 It is assumed that all of these volumes are available from the Palm Beach County Traffic Division, with the exception of the Ocean Avenue and the MLK Boulevard roadway segments. KHA will use pneumatic tube counting equipment to collect volume data at this location for up to three consecutive weekdays. Current peak hour tuming movement traffic count information will be obtained for the following count locations within and adjacent to the study area: • Boynton Beach Boulevard & Seacrest Boulevard • Boynton Beach Boulevard & US 1 • Ocean Avenue & Seacrest Boulevard • Ocean Avenue & US 1 • MLK Boulevard & Seacrest Boulevard • MLK Boulevard & US 1 It is assumed that the two counts along Boynton Beach Boulevard are available from the Palm Beach County Traffic Division KHA will perform turning movement counts at the Ocean Avenue and MLK Boulevard intersections from 7- 9 AM and from 4 -6 PM on one weekday Crash Data To evaluate the existing crash history within the Boynton Beach Boulevard segment under study, KHA will obtain available crash data involving vehicles, bicyclists, and pedestrians for the most recent three years of available data from Palm Beach County. Crash data summary tables will be developed to demonstrate locations that experience significant crash occurrences by type and the magnitude of preventable accidents at these locations. K ,BCD Roadm a, Ma`texmg,Bo, nton CR.\Boynton Bch Study PPL_20111101 _ BB Road Diet JAM docx ri Kimley -Hom ►. y __ and Associates, Inc. Future Traffic Projections & Transportation Mobility Analysis Traffic counts will be summarized and the data used to identify potential geometric lane configuration modifications and the effect these changes may have on existing intersection and roadway operating levels of service. Future traffic projections will be developed based upon historical growth pattems and traffic generated by approved but as yet unbuilt development within the area. Committed traffic will be based on data available in the Palm Beach County Committed Traffic Database. The SERPM 2030 FSUTMS travel demand model will be run incorporating the proposed lane reduction to determine generalized changes in background travel pattems resulting from the proposed modification To ascertain the effectiveness of the proposed lane reduction, a SYNCHRO traffic simulation model will be developed utilizing results of the FSUTMS model run, projected traffic volumes, and geometric lane configurations illustrated with the preliminary conceptual plan typical sections. SYNCHRO will be utilized to calculate arterial and intersection levels of service based on development of future traffic volumes traversing Boynton Beach Boulevard, US 1 and Ocean Avenue under study and will be utilized to calculate measures of effectiveness SYNCRHO is recommended because of its ability to calculate capacity (based on the Highway Capacity Manual), optimize cycle lengths, timing splits, and offsets, accurately model actuated and coordinated networks, and calculate intersection delay. The mobility analysis will be summarized in graphical form illustrating the standard measures of effectiveness, such as corridor travel time, average speed, queues, and average delay at each signalized intersection. Projected levels of service for roadway segments and intersections under future year (to be established by City and CRA staff) conditions throughout the Boynton Beach Boulevard segment under study will be developed using the SYNCHRO analysis program. Up to two altemative SYNCHRO network configurations will be developed based on geometric design concepts developed. Generalized recommendations for signal phasing and timing will also be presented for these two altematives for consideration of vehicular and pedestrian traffic. The simulation model may be integrated into an aerial map for display at up to two public information meetings The model will graphically demonstrate the envisioned changes for Boynton Beach Boulevard between Seacrest Boulevard and US 1. Results of the Transportation Mobility Analysis will be provided in the form of a draft report for review and comment. The report will include data summaries and graphics generated during our analysis of traffic volumes, accidents, turning movements and pedestrian movement. A meeting will be held with FDOT to review their comments and gain their acceptance prior to moving to the next task in the scope of serivices. Upon addressing one round of comments by City and CRA staff, ten (10) bound copies of the final report will be provided for your use. K ■BCD_Roadxr v_ Markenng Boynton CRA,Boynan Bch Stud) PPL 20111101_ BB Road D,et_MM dock L Kimley-Hom. !MI and Associates, Inc. Task 3 — Engineering and Public Involvement Planning Discussions The KHA project manager, traffic engineer, and senior landscape architect/urban planner will meet with City and CRA staff to review the data collected and the analysis conducted in Task 2 above. At this meeting, the KHA team and City and CRA staff will discuss these results and determine how to present the information to the public Community demographics, trends, areas that effectively handle pedestrians as well as problematic pedestrian areas, traffic concems, type of landscaping, etc. also will be discussed. The intention of these discussions is to assist in development of an agenda for an initial public meeting and to reach agreement as to the specific content and format of this public meeting. Typical Section Alternatives Development KHA staff will develop up to three (3) typical sections that show a range of sidewalk, bikeway and /or multi -use paths and landscaping options. These typical sections will be submitted to the City and CRA for review and approval. One meeting will then be held with City and CRA staff and representatives of the Flonda Department of Transportation to discuss the advantages and disadvantages of each typical section altemative One final typical section package report will then be submitted to City and CRA staff It is our intention that the typical sections in this report will be authorized by the City and will be termed "Viable Typical Section Alternatives." After receiving comments and approval from the City and CRA, the Viable Typical Section Altematives will then be submitted to FDOT for review. Public Information Meeting A public information meeting will be held at a location determined and arranged by the City and CRA The meeting will be informal with either a bnef Power Point presentation and /or presentation materials set at various locations around the room to present project - specific information such as: conceptual typical sections, traffic and intersection levels of service and related improvements, bicycle lanes, pedestrian movement and development trends. It is anticipated that City and CRA staff may be needed as experts to assist in explaining some of the information presented. Kimley -Horn staff will be present to assist the City staff in addressing questions from the public Final Concept Plans Following the Public Information Meeting the KHA team, City and CRA staff will meet to discuss input obtained from the public Refinements to typical sections and the Transportation Mobility Study will be made as agreed upon by City and CRA staff and the KHA team. K ,BCD_Road,' Marketingaoynton CRA'Boynton Bch Stud, PP1_20111101_ BB Road Diet_MM doca OPP'! — y j Kmley -Hom �._ 1 _ __ _ and Associates, Inc. Presentation to City and CRA Officials KHA will assist City and CRA staff in presenting the Preferred Typical Sections and the Transportation Mobility Analysis to City and CRA officials. A summary of the input obtained at the public information meeting(s) will also be provided. Task 4 — Boynton Beach Blvd Landscape Investigation The scope for this task is limited to investigation opportunitites for landscaping of within Boynton Beach Boulevard right -of -way from east of 1 -95 to Seacrest Blvd. The scope well consist of the following steps: 1 Base information — obtain as -built of project area from FDOT. 2 Site Visit — brief documentation of corridor area with photographs, notes. 3 Site Analysis - compilation of factors effecting improvements and markup on existing plans. 4 Conceptual Design - create a sample cross section showing potential improvements possible with notations. 5. Client Review - meet with client to discuss potential design opportunity Should it be determined that landcape opportunities exist and the Client wants to pursue them we will prepare a more detailed analysis as additional services. Task 5 — Additional Services We will provide, as requested and authorized by you, additional services that require analyses beyond those described in Tasks 1 through 3 These additional services may include, but not be limited to: (1) Further detailed roadway link and intersection analyses (2) Data collection (3) Meetings (4) Response to comments (5) Attendance at public hearings (6) General civil engineenng (7) Environmental analysis and engineering (8) Permitting and regulatory assistance (9) Surveying (10) Structural engineenng (11) Forensic (expert witness) services (12) Construction administration (13) Landscape Architecture (14) Parking analysis and design SCHEDULE We will perform the services described in the above scope as soon as practical to meet a mutually agreed -upon schedule K BCD_Roadway MadcNmgBo)nlon CRABoynbn Bch Shah ,PPL BB Road Diet JAM docx por irt Kimley-Hom ►. ®1 - -\ and Associates, Inc. FEE AND BILLING KHA will perform the services described in Tasks 1 through 4 of the Scope of Services for a lump sum fee of $56,400.00 inclusive of direct expenses. KHA will perform the services described in Task 5 of the Scope of Services on a labor fee plus expense basis. Labor fee will be billed according to hourly rates in effect at the time the services are provided. Direct reimbursable expenses such as express delivery services, fees, air travel, out-of -town mileage, and other direct expenses will be billed at 1.15 times cost. An amount will be added to each invoice to cover certain other expenses such as in -house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based on actual amount of service performed and expenses incurred. Payment will be due within 25 days of the date of invoice. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley -Horn and Associates, Inc., and the term "the Client" shall refer to Boynton Beach CRA. KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below: I please email all invoices to `j Ct (YU.f J' A @ h f>/ cfj . Please email invoices to alb AND provide a hard copy to the address listed above (please note below if it should be to someone else's attention or an alternative address). Please ONLY provide a hardcopy invoice to the address listed above (please note below if it should be to someone else's attention or an alternative address). If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. K BCD_Roadwa) Madcmmg.Boynton CRA.Boynton Bch Study PPL_ 20111101 BB Road Dmt MM dm. Mr"' ' - T Kimley -Horn lbw,: : — and Assoaates, Inc. We appreciate this opportunity to provide these services to you. Please contact us if you have any questions. KIMLEY -HORN AND ASSOCIATES, INC. / 164-°-- / ; � f By. Marwan Mufleh, P.E. Adam B. Kerr, P.E. Vice President Transportation Engineer ABK/ Attachment: Standard P vision Agreed to this / 9/7 day o . / . /�; , 2011. ,BOYNTON BEACH COMMUN REDEVELOPMENT AGENCY / / (Date) //✓/ -A1 . 6, JQ/ (Print or Tyne Name and Title) !1 3lP c G� v`C 4-11 �i1P cr{n ha2t.90 ,t/r d h ezt.r (Email Address) \reskp „ A , Witness vS ' N /=. t—/-5,c (Print or Type Name) Official Seal: K HCD_Roadwa• _Marketing Boynton CR11Boynton Bch Study .PPL 2011 1101 BB Road Diet _MM doca Page 1 of 1 Brooks, Vivian From: Marwan.Mufleh @kimley - hom.com Sent: Monday, August 27, 2012 11:17 AM To: Brooks, Vivian Subject: Boynton Beach Blvd Study Attachments: PPL_20120829_SA #1 _BBB Study Good morning Vivian, Attached is the proposed amendment to our current contract for the subject project. This amendment is for the additional engineering analysis services requested by FDOT and preparation of concept plans for the project to solicit FDOT feedback prior to presenting to the public. The original scope will remain in force and we will fulfill the remaining tasks. As I mentioned before, the Animal control center project which we contracted with you for $5,000 did not materialize. If you would like to apply that budget towards this amendment then the total fee will be reduced to $11,300. Please review the attached and let me know if you have any comments. * ** PLEASE NOTE MY NEW PHONE NUMBER * ** Thanks, Marwan Mufleh, P.E. Kimley -Horn and Associates, Inc. 1690 South Congress Avenue Suite 100 Delray Beach, FL 33445 -6327 Phone Direct 561 - 404 - 7241 Office 561- 330 -2345 Fax 561 - 330 -2245 marwan.mufleh@kimley-horn.com www.kimley- horn.com Boynton Beach Blvd Study Page 1 of 3 AMENDMENT NUMBER _ TO THE AGREEMENT BETWEEN THE CLIENT AND KIMLEY -HORN AND ASSOCIATES, INC. AMENDMENT NUMBER _1_ DATED August 29, 2012 to the agreement between Boynton Beach CRA, ( "Client ") and Kimley -Horn and Associates, Inc., ( "Consultant ") dated Nov 14,2012 ( "the Agreement ") concerning Boynton Beach Boulevard Lane Reduction Study (the "Project "). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. CLIENT: CONSULTANT: Boynton Beach CRA KIMLEY -HORN AND ASSOCIATES, INC. � Al a/ By: ,% By: Marwan Mufleh, P.E. Title: / d /ZUx: Title: Vice President Date: ,e,2y // L Date: Rev. 1 1 -08 Boynton Beach Blvd Study Page 2 of 3 Exhibit A to Amendment Number _1_, dated August 29, 2012 Consultant shall perform the following Additional Services: The Florida Department of Transportation (FDOT) reviewed and commented on the engineering analysis for the proposed modifications to Boynton Beach Boulevard. The nature of the comments indicated that FDOT was willing to consider the proposed modifications but wanted additional analysis performed. Based on FDOT's position, the CRA would like to modify Consultant's scope of services to address the additional FDOT required analysis. Furthermore, the CRA would like Consultant to prepare initial concept plans of the proposed modifications in order to solicit FDOT input prior to conducting public meetings. Consultant shall provide these additional services as further detailed below. Task 1 - Additional Engineering Analysis • Perform pedestrian and bicycle counts at two locations for up to 12 hours on one weekday. • Collect 5 -years of crash data from the Palm Beach County Traffic Division • Review FDOT 5% crash list • Determine expected crash rates based on Safety Performance Functions • Revise the Corridor Analysis to include the response to FDOT's comments 1 through 14 issued on August 2, 2012. Task 2 - Concept Plans and FDOT Coordination Based on the selected typical section, prepare the plan view of one concept plan for the length of the project. This concept plan will be designed without the benefit of a design survey in order to review the conceptual design w ith FDOT. The design will show intersections, lane lines, median and sidewalk locations superimposed on readily available aerial background. Preliminary access points at median locations will also be shown. Since design survey is not included in this scope, right -of -way lines may be shown as is readily available from previous construction plans to convey the typical width. Right -of -way lines will not be verified. Private property lines will not be shown. Consultant shall submit plan to FDOT and attend one meeting to solicit their input. Consultant will discuss FDOT's feedback with CRA staff in order to prepare for the public meetings and attend up to one meeting with City Engineering staff to discuss the findings. Consultant will produce a colored exhibit of the concept plan to present to in public meetings. Consultant will fulfill the remaining tasks in the original scope of services for conducting the public involvement process. Consultant and Client agree to the following general schedule in connection with the Additional Services set forth above: The work will be completed based on a mutually agreed upon schedule Rev. 11-08 Boynton Beach Blvd Study Page 3 of 3 For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: Task 1 - Additional Engineering Analysis Lump Sum Fee $6,700 Task 2 - Concept Plans and FDOT Coordination Lump Sum Fee $9,600 K'BCD_Roadwa) Markeiing CRA\Boynan Bch Sludgy Contract d'PL_2012DS29_SA I BBB Smdy_CRAMHM doc Rev 1 1-08 Florida Department of Transportation UI(k SCA► ; :40) \\ cat , m;;urrvr.J 13 mi. % ;r.! �\ ti\ 1 t t'R %%I 1 % . GO\'LttvOR ,'opt l,aupi,:nial.;, F(. 3=3 i(1 'F CUL'i 1RV' August 2, 2012 Ms. Vivian Brooks Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 SUBJECT: Boynton Beach Boulevard Beautification Corridor Analysis Lane Reduction / Elimination Proposal Dear Ms. Brooks: The Florida Department of Transportation has reviewed the Boynton Beach Boulevard Beautification Corridor Analysis traffic study dated June 13, 2012. The study was prepared to evaluate the impacts of reducing the number of travel lanes on Boynton Beach Boulevard (SR 804) between Seacrest Boulevard and US 1, which is approximately 0.4 mile, from four through lanes plus a center turn lane to two through lanes plus a center turn lane. The lane reduction is proposed by the City of Boynton Beach CRA and is intended to improve the pedestrian orientation and aesthetics of the corridor. By allowing for wider sidewalks, reduced street crossing distances, and enhanced streetscaping, the proposed lane reduction is also intended to attract activities to adjacent businesses. Various offices within the Department have reviewed this Beautification Corridor Analysis and provide the comments as summarized below: 1. The proposed lane reduction does not contradict any future improvement identified in the Palm Beach County's 2035 Long Range Transportation Plan (LRTP) and is consistent with the right - of -way requirements identified in the County's Thoroughfare ROW Identification Map (2008). 2. The traffic study does not document pedestrian and bicycle volumes. Please consider including them. 3. Signal timings were modified in the applicant's level of service analyses. The traffic study does not state whether or not the modifications accounted for coordination with adjacent signals. 4. Queuing analysis results of less than 20 feet are unrealistic because such queues are shorter than the full length of a typical car. Reported queue lengths should be increased to recognize this. www.dot.state.fl.us Ms. Vivian Brooks August 2, 2012 Page 2 of 3 5. The reported Levels of Service based on future capacities of signalized intersections in Table 4 do not match Synchro outputs as shown in Appendix D. 6. The amount of crash data analyzed should be increased to a minimum of five years for pedestrian /bicycle - related crashes and a minimum of three years for all other crash types. 7. The report should explain the significance of the crash data in relation to published statewide average rates for these types of roadways and intersections. The report should note whether or not any of the roadways are on FDOT's 5% list (Le., the list of the 5% of segments with the highest number of crashes). 8. Expected crash rates before and after the lane reduction should be calculated using Safety Performance Functions (or equivalent) and compared. 9. The traffic study should not ignore rear -end crashes on the cross streets along Boynton Beach Boulevard. Signal timing is likely to be modified when the roadway is narrowed, and signal timing could affect cross street operations and safety. 10. The traffic study should state explicitly how many crashes of each type occurred at each location. 11. The traffic study should discuss the types of crashes that have potential to increase in frequency as a result of the lane reduction (e.g., rear -end crashes, depending on the relationship between volume and capacity). 12. The Department notes that angle crash data does not typically include turning vehicles. 13. The Department notes that eliminating lanes might not in itself reduce speeds. Increased congestion and narrowed lanes might result in a reduction in speeds, as might various streetscape elements. 14. The Department notes that lowering speeds might not in itself reduce crash frequency. Lowering speeds might reduce crash severity. As the project moves into design, the following comments should be considered: 1. Design of the narrowed section must comply with FDOT design standards and the Plans Preparation Manual for pedestrian, bicycle, and transit facilities. Transit facilities should recognize that, in the long term, transit frequencies may be increased in this corridor. 2. The narrowed section should accommodate large trucks, or an alternate route for trucks should be designated. 3. Vehicle queues in the narrowed section could extend across the railroad line. Enhancements to the railroad crossing may be necessary for driver safety. Ms. Vivian Brooks August 2, 2012 Page 3 of 3 4. If pedestrian activity increases, enhancements to the railroad crossing may be necessary for pedestrian safety. In addition, innovative treatments for pedestrian crossings should be investigated. 5. The goal of the project should be to create a "Complete Street." Thus, the narrowed section should accommodate bicycles safely and should include bicycle parking, crosswalks, pedestrian- oriented lighting, and aesthetic enhancements such as landscaping and public art. The proposed typical section in the traffic study could be considered an interim step towards achieving a more complete street. 6. The design of the narrowed section could allow for on -street parking (with curb extensions) or a landscaping strip between the street and the sidewalk. On -street parking or a landscaping strip would achieve a separation of pedestrians from the adjacent through lane and enhance pedestrian level of service. The width of the sidewalk shown in the proposed typical section might be excessive based on realistic levels of future pedestrian activity, and some of that width could be relinquished in favor of other beneficial attributes that foster pedestrian mobility. 7. The design of the narrowed section could include a landscaped median instead of a two -way left turn lane. Two -way left turn lanes favor driving over walking and result in unrestricted vehicle movements that can be an impediment to safe and comfortable pedestrian movements. 8. Signage may be needed to alert drivers approaching the narrowed section to potential queuing and/or to alternative routes. Additional analysis and explanation are needed prior to the Department's concurrence with the proposed lane reduction. We will coordinate with the City regarding subsequent activities or meetings once the analysis is found sufficient. Please feel free to contact us at (954) 777- 4601 should you have any questions. Sincerely, —Gut Schmi t, P.E. Distric Planning and Environmental Engineer cc: Lori LaVerriere, Interim City Manager, City of Boynton Beach Jeffrey Livergood, Director of Public Works and Engineenng, City of Boynton Beach Adam Kerr — Kimley -Horn & Associates Chon Wong — Planning and Environmental Management, FDOT Christine Bacomo — Permits, FDOT Felix Delgado — Traffic Operations, FDOT Larry Hymowitz — Modal Development, FDOT Stephen King — Legal, FDOT Thuc Le — Consultant Project Management, FDOT S \Transportation Development\PLL•M \S)stems Planning \14 Lane Elimmanon Reviews \Boynton Beach Blvd\Boynton Bch Blvd Lane Reduction Review 07- 30- 2012.docx N d BOYNTON = CRA BEACH CRA BOARD MEETING OF: I Consent Agenda 1 X 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Resolution No. 12 -07 — A Resolution of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency, Supplementing Resolution No. 04 -04, Authorizing the Issuance by the Agency of $16,185,000 in Principal Amount of its Tax Increment Revenue Bond, Series 2012 to Refinance the Agency's Tax Increment Revenue Bonds, Series 2005A and the Agency's Tax Increment Revenue Bonds, Series 2004 Maturing After 2014; Approving the Form and Terms of Such Series 2012 Bond; Awarding the Sale of the Series 2012 Bond and Making Certain Findings in Connection Therewith; Appointing a Paying Agent and Registrar for the Series 2012 Bond; Approving an Escrow Deposit Agreement and Appointing an Escrow Agent; Making Certain Covenants and Agreements for the Benefit of the Owner of Such Bond; Providing for the Creation of Funds and Accounts; and Providing An Effective Date. SUMMARY: As discussed at the CRA Board meeting on September 11, 2012, due to a decline in interest rates, the CRA's and City's Financial Advisor, Public Financial Management, issued an RFP to refinance the CRA's Series 2004 and Series 2005A bonds. PNC Bank was chosen as the most responsive proposer and key terms include 1. The 2012 bonds are structured as a bank loan 2. The proceeds will be used to refund the Series 2004 and 2005A bonds 3. The City will guaranty repayment similar to the Series 2004 and 2005 bonds 4. The 2012 bonds will mature in 2026 the same as the refunded bonds 5. The interest rate is 2.56% (as opposed to 4.5% on the refunded bonds) 6. Net Present Value savings of $1,182,292 7 Total Debt Service payment savings of $2,622,646 over the life of the loan, over $213,000 annually over the first 12 years of the loan. Resolution No. 12 -05 was approved by the CRA Board on September 11, 2012 authorizing a Rate Lock Agreement with PNC Bank and authorizing the execution of an Escrow Structuring Engagement Letter with Public Financial Management, Inc. At the City Commission meeting on October 2, 2012, the Commission approved Resolution R12 -109 authorizing the CRA to incur the refunding debt, authorizing the City to guaranty the debt, and the interim City Manager to execute the Guaranty Agreement. Resolution No. 12 -07 (attached) of the Boynton Beach CRA will: (a) authorize the CRA to issue Tax Increment Revenue Bond Series 2012 in the principal amount of $16,185,000 to refinance the CRA's Tax Increment Revenue Bonds Series 2004 and Series 2005A (b) approve the form of the Series 2012 Bond and terms (Exhibit B of Resolution No. 12 -07) T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Bond Refunding - R12- 07.doc BOYNTON i „A...0R A (c) award the sale of the Series 2012 Bond to PNC Bank, National Association as the Registered Holder and Date of Original Issue of October 18, 2012 with a Maturity Date of October 1, 2026 (d) appoint a Paying Agent and Registrar for Series 2012 Bond as the Office of the Finance Director of the CRA (e) approve an Escrow Deposit Agreement to provide for the refunding and redemption of the Refunded Bonds (Exhibit C of Resolution No 12 -07) and appoint U S. Bank National Association as Escrow Agent FISCAL IMPACT: Interest rate of 2.56% results in savings of $2.6 million over the life of the loan and over $213,000 annually in the first 12 years, and a net present value of $1,182,292 CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Approve Resolution No 12 -07 Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board RESOLUTION NO. 12 -07 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, SUPPLEMENTING RESOLUTION NO. 04-04, AUTHORIZING THE ISSUANCE BY THE AGENCY OF $16,185,000 IN PRINCIPAL AMOUNT OF ITS TAX INCREMENT REVENUE BOND, SERIES 2012 TO REFINANCE THE AGENCY'S TAX INCREMENT REVENUE BONDS, SERIES 2005A AND THE AGENCY'S TAX INCREMENT REVENUE BONDS, SERIES 2004 MATURING AFTER 2014; APPROVING THE FORM AND TERMS OF SUCH SERIES 2012 BOND; AWARDING THE SALE OF THE SERIES 2012 BOND AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND REGISTRAR FOR THE SERIES 2012 BOND; APPROVING AN ESCROW DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNER OF SUCH BOND; PROVIDING FOR THE CREATION OF FUNDS AND ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. Definitions. Tel ins used herein and not otherwise defined herein shall have the meanings ascribed thereto by Resolution No. 04 -04, adopted by the Board of Commissioners on December 6, 2004 (as supplemented by Resolution No. 05 -13 adopted by the Board of Commissioners on December 13, 2005, the "Base Resolution "). In addition, when used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Guaranty" means the Guaranty Agreement, dated of even date with the Series 2012 Bond, pursuant to which the City guarantees the timely payment of the principal and interest on the Series 2012 Bond, and which shall be in substantially the form attached hereto as Exhibit A. "Refunded Bonds" means the all of the Agency's Tax Increment Revenue Bonds, Series 2005A and the portion of the Agency's Tax Increment Revenue Bonds, Series 2004 maturing after 2014. "Series 2012 Bond" shall mean the Agency's Tax Increment Revenue Bond, Series 2012, authorized pursuant to Section 3 hereof. SECTION 2. Authority for This Resolution. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. Authorization, Description and Terms ofSeries 2012 Bond. A Series of Bonds entitled to the benefit, protection and security of the Base Resolution is hereby authorized in the principal amount of $16,185,000 for the principal purpose ofproviding funds to refund the Refunded Bonds. Such Series shall be designated as, and shall be distinguished from the Bonds of all other Series by the title "Tax Increment Revenue Bond, Series 2012." The Series 2012 Bond shall not be issued except upon compliance with the requirements of the Base Resolution for the issuance thereof as Additional Bonds thereunder. fhe Series 2012 Bond shall be issued as a fully registeied Bond in the principai ainoun $ 16,185,000. shall be dated the date of its initial issuance and delivery and shall have such ,., nt terms and provisions as set forth in the torm of the Series 201 2 Bond attached hereto act xhibit SECTION 4 Paying Agent and Registrar for Series 2012 Bond. Hie Agency herehv appoints the Office of the Finance Director of the Agency as the Paying Agent and Registrar it respect to the Series 2012 Bond SECTION 5 Award of the Series 2012 Bond. The Agency hereby determines that a negotiated sale of the Series 2012 Bond is in the best interest of the Agency and the citizens and inhabitants of the Agency because the Agency can obtain the best terms through negotiation The Series 2012 Bond shall be sold to PNC Bank. National Association Prior to the issuance of the Series 2012 Bond, PNC Bank, National Association shall file with the Agency the disclosures required by Section 218.385, Florida Statutes and competitive bidding for the Series 2012 Bond is herehv waiv ed pursuant to the authority of Section 218 385. Florida Statutes SECTION 6. Redemption of Refunded Bonds. The Chair is authorized and directed for and in the name of the Issuer to execute and deliver an Escrow Deposit Agreement, m substantially the form attached hereto as Exhibit C. to provide for the refunding and redemption of the Refunded Bonds, with such changes as shall be approved by the official executing the same consistent with this Resolution, such execution to constitute conclusive evidence of such approval The Issuer herehv appoints 1. S Bank National Association as I scrow Agent pursuant to the 'Escrow Deposit Agreement. The Issuer hereby irrevocably elects, effective upon and only upon the issuance of the Series 2012 Bonds, that the Refunded Bonds shall be called for redemption on such dates and for such prices as specified in the Escrow Deposit Agreement The Issuer hereby appoints The Arbitrage Group as the independent certified public accountant to verify the calculations of the sufficiency of amounts to be deposited pursuant to the Escrow Deposit Agreement to pay the principal, premium, if any, and interest on the Refunded Bonds and to verify the calculations of the yield on the amounts invested pursuant to the Escrow Deposit Agreement, on the Refunded Bonds and on the Series 2012 Bond SECTION 7. Application of Series 2012 Bond Proceeds. Proceeds from the sale of the Series 2012 Bonds shall be applied to make the deposit to the Escrow Deposit Trust Fund as required by the Escrow Agreement, and the balance shall be applied to pay costs of issuance of the Series 2012 Bond. SECTION 8. Execution and Delivery of the Series 2012 Bond. The Chaffs is hereby authorized and directed on behalf of the Agency to execute the Series 2012 Bond as provided herein. and such official is hereby authorized and directed upon the execution of the Series 2012 Bond to deliver the Series 2012 Bond in the amount authorized to be issued hereunder to the Registrar tor authentication and delivery to or upon the order of PNC Bank, National Association upon payment of the purchase price set forth herein. SECTION 9. The City Guaranty The Series 2012 Bond shall not be issued unless the City shall have executed and delivered the Guaranty to the Agency and to PNC Bank, National Association. If at any time the funds available for the payment of principal of and interest on the Series 2012 Bond shall be insufficient for such purpose, then the Paying Agent or the Holder of the Series 2012 Bond shall make demand on the City pursuant to the Guaranty for such funds. In the event the City shall make payment ofprincipal of or interest on the Series 2012 Bond pursuant to the Guaranty, the City shall be subrogated to the rights of the Holder of the Series 2012 Bond to such payment. In the event the City makes a payment pursuant to the Guaranty, and the Paying Agent or the Agency has funds (other than such amount paid by the City) to make the debt service payment on the Series 2012 Bond to which the City payment relates, then the Agency shall, or shall cause the Paying Agent to, promptly refund to the City all money paid by the City not needed to make the debt service payment. SECTION 10. Security for Series 2012 Bond. The payment of the principal of and interest on the Series 2012 Bond shall be secured forthwith equally and ratably by a pledge of the Pledged Funds on a parity with the Agency's Tax Increment Revenue Bonds, Taxable Series 2005B issued pursuant to the Base Resolution, the un- refunded Series 2004 Bonds and the Parity Note; provided however, that the Series 2012 Bond is not payable from or entitled to the benefit or security of the 2004 Subaccount of the Reserve Fund or the 2005B Subaccount of the Reserve Fund. Provided that the Agency is not in default in the performance of its obligations hereunder or under the Base Resolution, the Agency may use any Tax Increment Revenues in excess of the amount necessary to be used to satisfy the Agency's obligations hereunder and thereunder for any lawful purpose of the Agency. SECTION 11. Funds and Accounts. The Series 2012 Bond shall not be secured by any account in the Reserve Fund and the Reserve Fund Requirement for the Series 2012 Bond shall be zero. SECTION 12. Financial Information to Be Provided to Holder. The Agency shall within 210 days after the end of each of its fiscal years furnish to the Holder of the Series 2012 Bond financial statements of the Agency for such fiscal year, together with an audit report of an independent certified public accountant to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether such financial statements present fairly in all material respects the fmancial position of the Agency and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis. SECTION 13. General Authority. The members of the Board of Commissioners and the Agency's officers, attorneys and other agents and employees are hereby authorized to do all acts and things required of them by this Resolution or desirable or consistent with the requirements hereof for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Series 2012 Bond, this Resolution and the Base Resolution, and they are hereby authorized to execute and deliver all documents which shall be required by Bond Counsel or the initial purchaser of the Series 2012 Bond to effectuate the sale of the Series 2012 Bond to said initial purchasers. SECTION 14. No Personal Liability. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Series 2012 Bond, or in any certificate or other instrument to be executed on behalf of the Agency in connection with the issuance of the Series 2012 Bond, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any member ofthe Board ofCommissioners, officer, employee or agent of the Agency in his or her individual capacity, and none of the foregoing persons nor any officer of the Agency executing the Series 2012 Bond or any certificate or other instrument to be 3 executed in connection with the issuance of the Series 2012 Bond. shall he liable personally there°» or be subject to any personal liability or accountability by reason of the execution or delivery there(, SECTION 15. No Third Party Beneficiaries. Except such other Persons as may he expressly described herein or in the Series 2012 Bond, nothing in this Resolution. or m the Series 2012 Bono, expressed or implied, is intended or shall be construed to confer upon any Person other than itic Agency, any Insurer, any Credit Bank and the Holders any right. remedy or claim. legal or equitable under and by reason of this Resolution or any provision hereof or of the Series 2012 Bond. a11 provision hereof and thereof being intended to be and being tier the sole and exclusitie benefit ofthc Agency and the Persons who shall from tune to time he the Holders SECTION 16. Severability of Invalid Provisions. 11 any one or more of the covenants. agreements or provisions of this Resolution shall he held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited. or against public policy. or shall for any reason whatsoever be held Invalid, then such covenants. agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants. agreements and provisions of this Resolution and shall in no way affect the v alidity of any of the other covenants, agreements or provisions hereof or of the Series 2012 Bond issued hereunder SECTION 17 Repeal oflnconsistent Resolutions. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict SECTION 18. Headmgs not Part Hereof. The headings preceding the several articles and sections hereof shall be solely for convenience of reference and shall not constitute a part of this Resolution or affect its meaning. construction or effeci SECTION 19 Effective Date. This Resolution shall become effective immediately upon its passage PASSED AND ADOPTED THIS 1 l th DAY OF OCTOBER. 2012 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By. Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney 4 EXHIBIT A FORM OF GUARANTY Guaranty Agreement The City of Boynton Beach. Florida (the "City " ) makes this Guaranty Agreement (this "Guaranty "), dated October 18, 2012, as follows 1. Guaranty. The City hereby guarantees the full and prompt payment when due, whether hr acceleration or otherwise, of the principal of and interest on the Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bond, Series 2012 (the "Bond "), issued of even date herewith in the principal amount of $ [ not exceeding $17.000,0001 2. Governing Law. The City further agrees that this Guaranty shall be governed by and construed in accordance with the laws of the State of Florida and is performable in the State of Florida_ 3. Definitions. Terms used herein and not otherwise defined herein have the meanings ascribed thereto in Resolution No. 04 -04 (the "Resolution "), adopted December 6. 2004, by the Boynton Beach Community Redevelopment Agency (the "Agency "). as amended and supplemented, particularly by Resolution No 12- _. adopted by the Agency on October 9, 2012 4. Termination. This Guaranty may not be amended or terminated by the City for so long as the Bond is Outstanding. 5. Financial and Other Information. The City agrees to furnish the Agency with such Information regarding the City as may be requested by the Agency in order to enable the Agency to comply with its obligations pursuant to Section 5 13 of the Resolution. 6. Guarantor Duties. For so long as Section 1 hereof is m effect, upon receipt of telephonic notice, such notice subsequently confirmed in writing by registered or certified mail. or upon receipt of written notice by registered or certified mail, by the City from the Holder of the Bond that a debt service payment on the Bond required to have been made by the Agency has not been made. the Citti within one Business Day after receipt of notice of such nonpayment will pay to the Holder of the Bond funds sufficient for the payment of any such guaranteed amounts which are then due 7. Limited Obligation. Notwithstanding any other provision of this Guaranty, the City is not and shall not be liable for the payment of any amount hereunder or for the performance of any obligation or agreement hereunder from any source other than the "Non -Ad Valorem Revenues" appropriated for such purpose in the manner and to the extent described in this Section 7 The term "Non -Ad Valorem Revenues" means all revenues of the City derived from any source other than the exercise of the ad valorem taxing power of the City. but only to the extent the same may lawfully be used to make payments hereunder. No person or entity shall have any right to resort to legal or equitable action or revenues to require or compel the City to make any payment hereunder from any source other than such Non -Ad Valorem Revenues The City covenants that should it be required to make any payment hereunder it will appropriate in its annual budget, by amendment, if required, from Non -Ad Valorem Revenues, amounts sufficient to make such payment. In the event that the amount previously budgeted for such purpose at any time is insufficient to make any payment required to be made hereunder. the City covenants to take immediate action to amend its budget so as to budget and appropriate an amount from Non -Ao Valorem Revenues sufficient to make such payment. Such covenant to budget and appropriate from Non -Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue until such Non -Ad Valorem Revenues sufficient to make all required payments have been budgeted, appropriated and used to make payments required to be made hereunder. 8. Enforcement. This Guaranty may be enforced by the Holder of the Bond, which is a beneficiary of the provisions hereof. IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed as of the 18th day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA By: Its City Manager 2 EXHIBIT 13 FORM OF SERIES 2012 BOND $16,185,000.00 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BOND, SERIES 2012 Maturity Date Interest Rate Date of Original Issue October 1, 2026 2.56% October 18, 2012 Registered Holder: PNC Bank, National Association Principal Amount: Sixteen Million One Hundred Eighty -Five Thousand and 00 /100ths Dollars KNOW ALL MEN BY THESE PRESENTS, that the Boynton Beach Community Redevelopment Agency (the "Agency "), a public body corporate and politic created and existing under and by virtue of the laws of the State of Florida, for value received, hereby promises to pay, solely from the sources ofpayment hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, the Principal Amount identified above on the Maturity Date identified above, subject to prior prepayment as hereinafter provided, together with interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid, at the Interest Rate per annum (calculated on the basis of a 360 -day year of twelve 30 -day months) identified above (subject to adjustment as herein provided), payable in arrears on April 1 and October 1 of each year commencing April 1, 2013, until such Principal Amount shall have been paid or provided for. The principal hereof shall be repaid in installments, due on October 1 of the years and in the amounts set forth in the following table: Year Principal Due 2013 $143,000.00 2014 117,000.00 2015 899,000.00 2016 927,000.00 2017 1,265,000.00 2018 1,300,000.00 2019 1,331,000.00 2020 1,367,000.00 2021 1,397,000.00 2022 1,439,000.00 2023 1,471,000.00 2024 1,512,000.00 2025 1,487,000.00 2026 1,530,000.00 Such Principal Amount and interest and the prepayment penalty, if any, on this bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts, and shall be made by wire transfer by the Agency to the Registered Holder in accordance with written instructions provided by the Registered Holder to the Agency of m such + ether manner as ma‘ he agreed upon by the Agency and the Registered Holder As used in this bond: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto and (2) "Determination of Taxability" means a final determination by the Internal Revenue Service that any interest on this Bond is includable in the gross income of the Registered Holder under Section l 03 of the Code While this bond remains outstanding, upon the occurrence and during the continuance of a Determination of Taxability, the interest rate borne hereby shall be adjusted in such manner as shall be determined by the Registered Holder, absent manifest error, as shall be necessary to provide to the Registered Holder an after -tax yield on the then outstanding principal amount of this bond equal to the after -tax yield to the Registered Owner, if such determination had not been made, from the date such interest must be included in such gross income. The Agency shall also reimburse the Registered Holder for the difference between (i) the interest computed at the adjusted rate from the date interest on this bond is included in gross income to the date of such payment. and (ii) the interest previously paid on this bond at the unadjusted rate, along with all costs, expenses, penalties, attorneys fees and all other losses incurred by the Registered Holder as a result of such Determination of Taxability (but not due to any negligent delay of the Registered Holder), within 30 days after the date a written notice (mcluding a copy of the Determination of Taxability) is delivered by the Registered Holder tc the Agency stating that such a determination has been made and stating the amount that is then due The obligation to pay such additional interest and such other costs, expenses, penalties, attorney's fees and other losses shall survive the payment of the prmcipal of this bond This bond is subject to optional prepayment prior to the due dates set forth above at the option of the Agency, at any time and from time to time_ in whole or in part The prepayment shall include the principal being prepaid, the interest accrued thereon to the prepayment date. plus an Redemption Price due in accordance with the following provisions. "Redemption Price" means an amount equal to the present value, ifpositive, ofthe product of(a) the difference between (i) the yield (the "Initial Yield "), on the date of this bond, of a non - callable U.S. Treasury obligation with a maturity closest to but not later than October 1, 2026 minus (ii) the yield on the prepayment date. of a non - callable U.S Treasury obligation with a maturity closest to but not later than October 1. 202(L and (b) the principal amount to be prepaid, and (c) the number of years, mcludmg fractional years from the prepayment date to October 1, 2026. The yield on any U.S. Treasury obligation shall he determined by reference to Federal Reserve Statistical Release H.15(519) "Selected Interest Rates For purposes of making present value calculations, the Initial Yield shall be deemed the discount rate Prepayments of principal shall be applied to the scheduled payments due hereon in the inverse order of their due dates, or in such other manner as the Agency and Registered Holder may agree This bond is issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 163, Part III, Florida Statutes and other applicable provisions of law (the "Act "), and Resolution No. 04 -04, duly adopted by the Board of Commissioners of the Agency on December 6, 2004, as amended and supplemented (the "Resolution "), and is subject to all the terms and conditions of the Resolution. It is hereby certified and recited that all acts, conditions and prerequisites required to exist, to happen and to be performed precedent to and in connection with the issuance of this bond, exist, have happened and have been performed, in regular and due form and time as required by the Constitution and laws of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been manually signed by the Registrar. IN WITNESS WHEREOF, Boynton Beach Community Redevelopment Agency, has issued this bond and has caused the same to be executed by the manual signature of its Chair as of the 18th day of October, 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chair CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue described in the within- mentioned Resolution. DATE OF AUTHENTICATION: October 18, 2012 OFFICE OF THE FINANCE DIRECTOR, as Registrar By: Authorized Signatory 3 EXHIBIT t FORM OF ESCROW DEPOSIT AGREE ME's'"` ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT (the "Agreement "), is dated as of October 18, 2012, and is by and between Boynton Beach Community Redevelopment Agency (the "Agency "), a Florida municipality, and U.S. Bank National Association (the "Escrow Agent "), a national banking association, as Escrow Agent. WITNESSETH: WHEREAS, the Agency has determined to advance - refund its Tax Increment Revenue Bonds, Series 2005A (the "Series 2005A Bonds ") and its Tax Increment Revenue Bonds, Series 2004 maturing after 2014 (the "Series 2004 Bonds," and together with the Series 2005A Bonds, the "Refunded Bonds "); and WHEREAS, the Agency has determined to provide for the payment of all of the Refunded Bonds pursuant to this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein set forth and in order to secure the payment of the principal of and interest on the Refunded Bonds, according to their tenor and effect, the Agency does by these presents hereby deliver to and give, grant, assign and pledge to the Escrow Agent and to its successors in the Escrow Deposit Trust Fund hereby created, and to it and its assigns forever, all and singular the property hereinafter described, to wit: CLAUSE I. All right, title, and interest of the Agency in and to $17,196,608.13 deposited by or on behalf of the Agency with the Escrow Agent hereunder. CLAUSE II. All right, title, and interest of the Agency in and to the Government Obligations purchased from the moneys described in Clause I above. CLAUSE III. All right, title, and interest of the Agency in and to all cash balances held from time to time hereunder and all income and earnings derived from or accruing to the Government Obligations described in Clause II above. CLAUSE IV. All (i) property which is by the express provisions of this Agreement required to be subject to the pledge hereof and (ii) additional property of every kind and nature that may, from time to time hereafter, by delivery or by writing of any kind, be conveyed, pledged, assigned, or transferred as and for additional security hereunder or to be subject to the pledge hereof, by the Agency or by anyone in its behalf, and the Escrow Agent is hereby authorized to receive the same at an time as addit ioii�l security hereunder TO HAVE AND TO HOLD, all and the same, forever; in trust nevertheless, upon the terms and trusts herein set forth, for the equal and proportionate benefit, security and protection, as herein described, ofthe owners from time to time ofthe Refunded Bonds in the manner herein provided; but if the Refunded Bonds shall be fully and promptly paid when due or redeemed in accordance with the terms thereof and hereof, then this Agreement shall thereupon be and become void and of no further force and effect. otherwise the same shall remain in full force and effect. and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE 1 DEFINITIONS Section 1.01. Definitions. In addition to words and terms elsewhere defined in this Agreement, as used herein, unless some other meaning is plainly intended, the following terms and phrases shall have the following meanings: "Escrow Deposit Trust Fund" means the fund so designated and established under Section 2.01 of this Agreement. "Government Obligations" means the direct obligations of the United States of America which are not subject to redemption or payment prior to maturity by the obligor thereon "Refunded Paying Agent" means U S Bank National Association, or such other paying agent for the Refunded Bonds as may be serving from time to time Section 1.02. Uses of Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders Unless the context shall otherwise indicate, words importing the singular number shall include the plural number and vice- versa. ARTICLE II ESTABLISHMENT OF FUNDS; FLOW OF FUNDS Section 2.01. Creation of Escrow Deposit Trust Fund. There is hereby created and established with the Escrow Agent a special and irrevocable trust fund designated the "Escrov, Deposit Trust Fund" to be held in the custody of the Escrow Agent separate and apart from other funds of the Agency or the Escrow Agent Section 2.02. Deposit to Escrow Deposit Trust Fund. Concurrently with the execution of this Agreement the Agency has deposited or caused to be deposited with the Escrow Agent and the Escrow Agent acknowledges receipt of immediately available moneys in the amount of $17,196,608.13, for deposit in the Escrow Deposit Trust Fund. The funds deposited in the Escrow Deposit Trust Fund pursuant to the preceding sentence shall, except for a remaining cash balance of $4.13, be immediately invested by the Escrow Agent in the Government Obligations described on Exhibit A. Section 2.03. Application of Escrow Deposit Trust Fund. The Escrow Agent shall apply the Government Obligations and other moneys deposited in the Escrow Deposit Trust Fund, together with all income and earnings thereon, in accordance with the provisions hereof The Escrow Agent shall not invest any moneys held hereunder or make substitutions of the Government Obligations hereunder or sell, transfer, or otherwise dispose of the Government Obligations or moneys held hereunder except as provided in this Agreement. Section 2.04. Irrevocable Trust Created. Except as expressly provided herein, the deposit of (or purchase of for deposit of) the Government Obligations and moneys in the Escrow Deposit Trust Fund shall constitute an irrevocable deposit for the benefit of the holders of the Refunded Bonds and the holders of the Refunded Bonds shall have an express lien on the principal of and earnings on the Government Obligations and other moneys held in the Escrow Deposit Trust Fund hereunder until applied in accordance with this Agreement. The Government Obligations and earnings thereon and other moneys shall be held by the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. Section 2.05. Use of Moneys in Escrow Deposit Trust Fund; Redemption of Defeased Bonds. The Escrow Agent shall use the funds in the Escrow Deposit Trust Fund to pay the principal of and interest on the Refunded Bonds on the dates and in the amounts as shown on Exhibit B. The Agency irrevocably calls the Series 2004 Bonds as shall then be outstanding for redemption on October 1, 2014. The Agency irrevocably calls the Series 2005A Bonds as shall then be outstanding, for redemption on October 1, 2015.The Agency irrevocably instructs the Escrow Agent, and the Escrow Agent agrees, to (A) as soon as practicable after the funding of the Escrow Deposit Trust fund, mail, at the expense of the Agency, a notice substantially in the form attached hereto as Exhibit C -1 to all registered owners of the Series 2004 Bonds and a notice substantially in the form attached hereto as Exhibit C -2 to all registered owners of the Series 2005A Bonds, (B) at least thirty (30) days before October 1, 2014 mail, at the expense of the Agency, a notice of redemption substantially in the form attached hereto as Exhibit D -1 to all registered owners of Series 2004 Bonds to be redeemed at their addresses as they appear on the registration books for the Refunded Bonds and (C) at least thirty (30) days before October 1, 2015, mail, at the expense ofthe Agency, a notice of redemption substantially in the form attached hereto as Exhibit D -2 to all registered owners of Series 2005A Bonds to be redeemed at their addresses as they appear on the registration books for the Refunded Bonds. The Agency agrees to pay the reasonable expenses incurred by the Escrow Agent in connection with such redemption from lawfully available funds ofthe Agency. Any expense or charge imposed by the Refunded Paying Agent as a result of supplying information to the Escrow Agent shall be paid by the Agency from available funds, and shall not be imposed upon the Escrow Agent. Section 2.06. Transfer of Funds After All Payments Required by the Agreement Are Made. After all the principal of and interest on the Refunded Bonds has been paid in full, ,tH remaining moneys m the Escrow Deposit Trust Fund shall, upon written direction ofthe Agency transferred to the Agency by the Escrow Agent and shall he used by the Agency for any law tut purpose of the Agency authorized by a written opinion of nationally recognized bond counsel he Escrow Agent shall have no responsibility for the application of amounts transferred h It to c,. Agency as provided above Section 2.07. Deficiencies. If at any time it shall appear to the Escrow Agent that the available funds in the Escrow Deposit Trust Fund will not be sufficient to make any payment when due to the owners of any of the Refunded Bonds, the Escrow Agent shall notify the Agency as promptly as possible prior to such payment date and the Agency agrees that it will deposit with the Escrow Agent, from legally available funds, if any, amounts sufficient to eliminate the anticipated deficit so that the Escrow Agent will have sufficient funds to make such payment on the Refunded Bonds. The Escrow Agent shall in no manner he responsible for the Agency's failure to make such deposits Section 2.08. Escrow Agent Fees. The Agency hereby agrees to provide for the payment. from lawfully available funds of the Agency, of the compensation due and owing the Escrow Agent which compensation shall be paid at such times and in such amounts shown on Exhibit E. In no event shall the Escrow Agent have any lien. security interest or right of set -off whatsoever upon any ofth� moneys or investments m the Escrow Deposit Trust Fund for the payment of such compensation of for the payment or reimbursement of any expenses incurred by the Escrow Agent in connection with this Agreement Section 2.09. Refunded Paying Agent The Escrow Agent shall cooperate with the Refunded Paying Agent to cause necessary arrangements to be made and thereafter continued whereby funds shall be made available by the Escrow Agent to the Refunded Paying Agent for the payment of the Refunded Bonds as the same shall become due and payable ARTICLE III CONCERNING THE ESCROW AGENT Section 3.01 Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence, malfeasance or willful misconduct. The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys to pay the Refunded Bonds So long as the Escrow Agent applies all moneys to make payments to the Refunded Paying Agent to pay the Refunded Bonds as provided herein, and complies fully with the terms of this Agreement, it shall not be liable for any deficiencies in the amounts necessary to pay the Refunded Bonds caused by such calculations The Escrow Agent shall keep such hooks and records as shall he consistent with industr' practice and shall make such books and records available for inspection by the Agency at all reasonable times. In the event of the Escrow Agent's failure to account for any of the moneys received by it, said moneys shall be and remain the property of the Agency in trust for the owners of the Refunded Bonds, as herein provided. The duties and obligations ofthe Escrow Agent shall be determined by the express provisions of this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Escrow Agent. The Escrow Agent may consult with legal counsel with respect to any matter relevant to this Agreement, who may or may not be counsel to the Agency, and be entitled to receive from the Agency reimbursement of the reasonable fees, costs and expenses of such legal counsel, and in conclusive reliance upon the opinion of such legal counsel have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Agency, and the Escrow Agent may in good faith conclusively rely upon such certificate. The Escrow Agent may act through its agents and attorneys. The Escrow Agent may conclusively rely upon and shall be fully protected in acting and relying upon any notice, order, requisition, request, consent, certificate, order, opinion (including an opinion of counsel), affidavit, letter, telegram or other paper or document in good faith deemed by it to be genuine and correct and to have been signed or sent by the proper person or persons. Any payment obligation of the Escrow Agent hereunder shall be paid from, and is limited to funds established and maintained under this Agreement; the Escrow Agent shall not be required to expend its own funds for the performance of its duties hereunder. Notwithstanding any provision herein to the contrary, in no event shall the Escrow Agent be liable for special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Agent has been advised ofthe likelihood of such loss or damage and regardless of the form of action. The Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; hurricanes or other storms; wars; terrorism; similar military disturbances; sabotage; epidemic; pandemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that the Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances. Section 3.02. Permitted Acts. The Escrow Agent and its affiliates may become the owner of or may deal in any obligations of the Agency described herein as fully and with the same rights as if it were not the Escrow Agent. Section 3.03. Resignation or Removal of Escrow Agent. The Escrow Agent may not resign or be removed. Section 3.04. Brokerage Confirmations Elie parties acknowledge that to the exte,, regulations of the Comptroller of Currency or other applicable regulatory entity grant a right !, receive brokerage confirmations of security transactions of the escrow. the parties vA an, e receipt (; such confirmations. to the extent permitted by law The Escrow Agent shall furnish a statement t ' . security transactions on its regular monthly reports This language eliminates the need lo st no investment confirmations each time a trade is executed in the escrow account, and also animates ° f) :: need for a separate letter from the parties waiving this requirement ARTICLE IN' MISCELLANEOUS Section 4.01. Amendments to this Agreement. This Agreement is made for the benefit ot the Agency and the owners from time to time of the Refunded Bonds and it shall not be repealed. revoked, altered or amended without the written consent all such owners. the Escrow Agent and the Agency; provided, however, that the Agency and the Escrow Agent, may without the consent of. oi notice to, such owners, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such owners and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes' (a) to cure any ambiguity or defect or omission in this Agreement. (b) to grant to, or confer upon. the Escrow Agent for the benefit of the owners ofthe Refunded Bonds, any additional rights. remedies, powers or authority that may lawfully be granted to, or conferred upon, such owners or the Escrow Agent. and (c) to subject to this Agreement additional funds, securities or properties The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of Mark E. Raymond or other nationally recognized bond counsel with respect to compliance with this Section, including the extent, ifany, to which any change, modification, addition or elunmation affects the rights ofthe owners ofthe Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section Section 4.02. Severability. If any one or more ofthe covenants or agreements provided in this Agreement should be determined by a court ofcompetent jurisdiction to be contrary to law, such covenant or agreement shall be deemed to be separate and shall in no way affect the validity of the remaining provisions of this Agreement. Section 4.03. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the Agency or by or on behalf ofthe Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, and to the benefit of the owners of the Refunded Bonds, whether so expressed or not. Section 4.04. Termination This Agreement shall terminate upon and when all transfers and payments required to be made by the Escrow Agent under and pursuant to the provisions hereof shall have been made. Section 4.05. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida, without regard to conflict of law principles. Section 4.06. Execution by Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded for all purposes as an original, and all of which, together, shall constitute and be but one and the same instrument. Section 4.07. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given shall be deemed sufficiently given on the day sent by registered mail, return receipt requested, or by overnight common courier addressed as follows or to such other address furnished in writing by any of the following to all of the following: If to the Agency: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 If to the Escrow Agent: U.S. Bank National Association Corporate Trust Services 225 E. Robinson Street Suite 250 Orlando, FL 32801 Boynton Beach Community Redevelopment Agency By: Chair U.S. Bank National Association, as Escrow Agent By: Vice President EXHIBIT A GOVERNMENT OBLIGATIONS TO BE PURCHASED Sep 12, 2012 11 am Prepared by Public Financial Management, Inc. (Finance 7.002 Boynton Beach 2012) Page 16 ESCROW DESCRIPTIONS DETAIL Boynton Beach Community Redevelopment Agency Tax Increment Refunding Revenue Bonds, Series 2012A Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Prior Debt (PRI), DSRF_ESC, Oct 18, 2012. SLGS Certificate 04/01/2013 04/01/2013 19,348 0.110% 0 110% SLGS Certificate 10/01/2013 10/01/2013 19,240 0.150% 0 150% SLGS Note 04/01/2014 04/01 /2013 19,268 0180% 0180% SLGS Note 10/01/2014 04/01/2013 865,393 0 220% 0 220% 923,249 Global Proceeds Escrow, Oct 18, 2012• SLGS Certificate 04/01/2013 04/01/2013 270,272 0 110% 0 110% SLGS Certificate 10/01/2013 10/01/2013 268,759 0.150% 0.150% SLGS Note 04/01/2014 04/01/2013 269,142 0 180% 0.180% SLGS Note 10/01/2014 04/01/2013 12,088,276 0 220% 0 220% 12,896,449 13,8 1 9,698 SLGS Summary SLGS Rates File 12SEP12 Total Certificates of Indebtedness 577,619.00 Total Notes 13,242,079.00 Total original SLGS 13,819,698.00 sep 12. 201 1 139 am Prepaied in Public hntanudi Alanagcsnai, 1r — i.iuee _; ISeae1 1 "1 IZt i'6 DE SCRIP l IONS 1)1 1 tit. Boynton Beach ('rnnmum■ Redov clopment Agency Tax Increment Refunding Rev enue Bond'+, Senes 2012B Type of l'ype of Ylatunt5 t 11ti1 irrt Par via' Security SLGS Date Pint 1)aie Amount Rata Pal 2005A (2005A). DSRF ESC, Oct 18, 2012 SLGS Certificate 0401 04i01201 , 2 523 0 110 1) 110', SLGS Certificate 10/01/2013 10/01 201 2 50 O 15040 0 150' SLGS Note 0401 -2014 04,01'201; 2.506 '1180 °„ (t 18(1 ", SLGS Note 10'01 2014 04/01 2 509 0 220 ° i) 220" Si GS Note (14 '2015 04 01 2015 2 c 1 1 ) 260 " 0 260" St Gs Note 0 -01 2 01'' 04 01 '201 - 122,447 1 1 00 1 -1 00" 114 999 Global Proceeds Escrow, Oct 18, 2012 SLGS Certificate 04;01'201 ((4'01,2(11 60 591 0 1 10 0 110 SLGS Certificate 10 10/01/201 60 106 0 150°0 1) 1500, SLGS Note 04 01'2014 04/01'2013 60 19 i) 180 °< 0 180 °, SLGS Note 0 01 2014 0401 201 ; 60 246 0 220 ", 0 220 °, SLGS Note (14 01;2015 ((4'01'201 ; 60 ;1 0 260 0 260 °. SLGS Note s.0 -01 2015 04 01 '201 5 2,940.458 0 300 °, s1 300°, Z 241 90 '6 9((( SLGS Summar SLGS Rates File 12SEP1_ I otal Certificates of Indebtedneo' 125 723 00 total Notes - .251.183 (10 Total original SL GS - ;76 906 00 EXHIBIT B REFUNDED BONDS DEBT SERVICE SCHEDULE sell 12 201 2 1 1 39 am Prcpart d <41h4 Fri+ 4 ,i�l �r (zr RI 01 1RI . Boynton Beach ( onnn umty Rede‘elopnrent !gen(..!, I .1v Increment Rounding Revenue Bond Sere, 20! _ 1INA1 MBLRs Rate Set September 12 201 I uan Pro itle )'h'( Bank $784,000 of DSRF will remain in plc to u>ver unrefunded 2004 Bond, $1 058,250 of DSRF rclea,ed into the escrow Period 1`rincipa- Endtng Interest Redeemed Iota) 04/01/2013 170.41S 'r! 1 7((_418 10/01/2013 170 41S " 170,41S "S+ 04;01/2014 370.41S 7 5 3 70.418 10/01/2014 170,418 I 12.665.000 00 11.035,418 7s 04/01/2015 67.500 00 67.500 00 10/01/2015 6' 500 OO 3 .000,000 00 a 067 500 00 616.675 ill( 1 5.665,000 00 7 281.6 00 EXHIBIT C -1 NOTICE OF DEFEASANCE OF BONDS BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS SERIES 2004 Maturity Interest Amount (Octoberl) Rate Cusip* $ 780,000 2015 4.000 103561 ALO 815,000 2016 4.250 103561 AM8 1,165,000 2017 5.000 103561 AN6 1,225,000 2018 5.000 103561 AP1 1,285,000 2019 5.000 103561 AQ9 1,350,000 2020 4.000 103561 AR7 6,045,000 2024 5.000 103561 AV8 Notice is hereby given that for the payment (the "advance- refunding ") of the principal of and interest on the above - designated bonds (the "Refunded Bonds "), there has been deposited with U.S. Bank National Association, as Escrow Agent, cash, which, except to the extent maintained in cash, has been invested in non - callable direct obligations of the United States of America. The projected principal and interest payments to be received from such obligations and cash have been calculated to be adequate to pay the principal of and interest on the Refunded Bonds when due, to and including October 1, 2014, the date on which all such then outstanding Refunded Bonds shall be called for redemption. In accordance with Section 8.01 of the Resolution pursuant to which the Refunded Bonds were issued, the Refunded Bonds are deemed paid. Dated this day of October, 2012. By: U.S. Bank National Association, as Escrow Agent * CUSIP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Defeasance Notice. EXHIBIT C -2 NOTICE OF DEFEASANCE OF BONDS BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS SERIES 2005A Maturity Interest Amount (October 1) Rate Cusip* 1,465,000 2025 4 500% 103561 AY2 1,535,000 2026 4 500 103561 AZ9 Notice is hereby given that for the payment (the "advance- refunding ") ofthe principal of and interest on the above - designated bonds (the "Refunded Bonds "), there has been deposited with I ! S Bank National Association, as Escrow Agent, cash, which. except to the extent maintained in cash, hat, been invested in non - callable direct obligations of the United States of America. The projected principal and interest payments to be received from such obligations and cash have been calculated to be adequate to pay the principal of and interest on the Refunded Bonds when due. to and including October 1, 2015, the date on which all such then outstanding Refunded Bonds shall be called for redemption. In accordance with Section 8.01 of the Resolution pursuant to which the Refunded Bonds were issued, the Refunded Bonds are deemed paid. Dated this day of October, 2012. By U.S. Bank National Association, as Escrow Agent * CUSIP numbers are included solely for the convenience ofthe owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Defeasance Notice EXHIBIT D -1 REDEMPTION NOTICE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2004 Maturity Interest Amount (Octoberl) Rate Cusip* $ 780,000 2015 4.000 103561 ALO 815,000 2016 4.250 103561 AM8 1,165,000 2017 5.000 103561 AN6 1,225,000 2018 5.000 103561 AP1 1,285,000 2019 5.000 103561 AQ9 1,350,000 2020 4.000 103561 AR7 6,045,000 2024 5.000 103561 AV8 Notice is hereby given that pursuant to the terms of Resolution No. R- 04 -04, as amended and supplemented, of the Boynton Beach Community Redevelopment Agency, Florida, the Bonds identified above are called for payment and redemption on October 1, 2014 (the "Redemption Date ") at a redemption price equal to 100% of the principal amount thereof plus accrued interest thereon to the Redemption Date. The Bonds so called for redemption should be presented for payment and redemption at the office of the Paying Agent set forth below, on or after October 1, 2014, and will cease to bear or accrue interest after that date, whether or not so presented. If by Mail: If by Hand or Overnight Mail: U.S. Bank U.S. Bank Corporate Trust Services Corporate Trust Services P.O. Box 64111 60 Livingston Avenue St. Paul, MN 55164 -0111 1st Fl - Bond Drop Window St. Paul, MN 55107 Phone # 1- 800 - 934 -6802 Withholding of a portion of the gross redemption proceeds of any payment made within the United States of America may be required by the Interest and Dividend Tax Compliance Act of 1983 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed IRS Form W -9 or exemption certificate or equivalent when presenting your securities for redemption. DATED this _ day of , 2014. U.S. BANK NATIONAL ASSOCIATION * CUSIP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Redemption Notice. t XHIBIT 1)- REDEMPTION NOTICE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS 'TRIES 2005 A Maturity Interest Amount (October 1) Rate Cusip* $1,465,000 2025 4.500% 103561 AY2 1,535,000 2026 4 500 103561 AZ9 Notice is hereby given that pursuant to the terms of Resolution No. R- 04 -04, as amended and supplemented, of the Boynton Beach Community Redevelopment Agency, Florida, the Bonds identified above are called for payment and redemption on October 1, 2015 (the "Redemption Date" at a redemption price equal to 100% ofthe principal amount thereof plus accrued interest thereon to the Redemption Date. The Bonds so called for redemption should be presented for payment and redemption at the office of the Paying Agent set forth below, on or after October 1, 2015, and will cease to bear or accrue interest after that date. whether or not so presented If by Mail If by Hand or Overnight Mail - U.S. Bank U.S Bank Corporate Trust Services Corporate Trust Services P.O. Box 641 1 1 60 Livingston Avenue St. Paul, MN 55164-0111 1st Fl - Bond Drop Window. St Paul, MN 55107 Phone # 1- 800 - 934 -6802 Withholding of a portion of the gross redemption proceeds of any payment made within the United States of America may be required by the Interest and Dividend Tax Compliance Act of 1 983 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate ofthe payee. Please furnish a properly completed IRS Form W -9 or exemption certificate or equivalent when presenting your securities for redemption DATED this day of _ 2015 U S. BANK NATIONAL ASSOCIATION * CUSIP numbers are included solely for the convenience ofthe owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Redemption Notice EXHIBIT E ESCROW AGENT FEES AND EXPENSES (i) In consideration of the services rendered by the Escrow Agent under the Agreement, the Agency agrees to pay the Escrow Agent an one -time fee of $1,500.00, to be paid on the date hereof, from available funds of the Agency and not from the Escrow Deposit Trust Fund, for all services to be incurred as Escrow Agent in connection with such services, plus agrees to promptly pay, as incurred, reimbursement at cost for ordinary out -of- pocket expenses including postage and publication costs. The term "ordinary out -of- pocket expenses" means expenses of holding and disbursing the Escrow Deposit Trust Fund as provided herein and includes, but is not limited to, publication costs, postage and legal fees as incurred. (ii) The Agency shall also promptly reimburse the Escrow Agent for any extraordinary expenses incurred by it in connection herewith. The term "extraordinary expenses" includes (a) expenses arising out of the assertion of any third party to any interest in the Escrow Deposit Trust Fund or any challenge to the validity hereof, including reasonable attorneys' fees, costs and expenses and (b) expenses (other than ordinary expenses) not occasioned by the Escrow Holder's misconduct or negligence. (iii) The fees and expenses payable by the Agency under paragraphs (i) or (ii) shall not be paid from the Escrow Deposit Trust Fund, but shall be paid by the Agency from legally available funds of the Agency. BOYNTON cRA =BEACH CRA BOARD MEETING OF: October 9, 2012 1 Consent Agenda 1 X 1 Old Business 1 New Business 1 I Legal 1 ( Executive Director's Report SUBJECT: Update on the Ocean Breeze West Project SUMMARY: The CRA entered into a development agreement with Habitat for Humanity of South Palm Beach County Community Land Trust (Land Trust) in August of 2011. Under the Agreement, eleven of the twenty -one homes are to be built as land trust homes by Habitat and ten of the homes are to be built as standard ownership structure by the Boynton Beach Faith -based CDC. To date, Habitat has completed two homes and begun construction on a third home. A total of nine Tots have been transferred to the Land Trust from the CRA. (See attached map.) Habitat and the CDC will make a presentation on the status of the project at the October 9 CRA Board meeting. FISCAL IMPACT: None, information only. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: N/A Vivian L. Brooks Executive Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Ocean Breeze West Update.doc 7 N N I 1 IS a N 5 « N a 0 a s N d a a m a ax ID X x VII « E c 0 « « N � y N m p V - a q c c cV NW. 8TH ODE e 7j�� _ �'r�� J F J F � � V � MT �rI, WA [O MO 4)OO'L 4 >E Suv - - � W ?`�@ / s var N R6ti -� . s / / h � o LOT 1 LOT 1 = 1 L07 3 d # 2 ,d Nz I,,u_Lf. NI 4 It_Trl I I _WI ' ; � _� • 11'�'. / a'L r a ■ W Z / y Z NWN 7 MO mwt I M 'WT 1 tsb, 1 ' � i � P 1 I1 N ° = Q / �� a I I � j i r bl LOT 4 I LOT s LOT 6 LOT 7 1. I URN / 4,. ' :, , L-7-, 2 , t o g Zag 1 E+ 2ti I ■ CA �'Q ti / Lor 89 ° _ -- -O ,purr u sof�.'! __ — . J ° ° 8 7.7 O / .£r vAY . � 64.m. r1: Nit / U ( OCEAN e� on.E I i I ? ti= " >57. 7r 1 , 1 �, t W _ 1.._ Q W m+e. 00.48' / EtJ CO .x $ LOT LOT $ 0 1 1 ti LOT 6 Lora II I �1 a N z tii-a I�I 1 r I , $� uj O Z U p I p 41 c wavvomt marmot C5 : � i It 11, U U 41 1 / a $ n $ @ / 1 W CC Y a W m ' W t . '- c — 4 -- �� -/ JO $ I LOT V' J I I LOT L3 - 1 `ml $ / I o o m Q a1h 6z7J 62L� (9, s $ 1 CO m u 3 (9 m,a v,s I 1 4 Q _.p YID a�ANB�C of �"7" I 1 ,e $ ! I! Q e 6 2� I ti d @ 0 1 1 °�,.�„ _ --- , ; 1 I LOT 16 - • Q.0y --- ® [ LOT T7 LOT 8 LOT 6 o Q PRY 1, ,, w . ', - I ` F ', :1 O J W O 'r Ar / Q. . .. „ar / 1 111 CO 0 •xu ..tar 8567 7697 / Ci LOT V7 LOT OS LO QS W 7 N L OT c / BUCK C door C Li= C BLOCX C B.00X C LOT 20 LOT 11 Cu W BOYNTON HLLS (PLATBOOK 4, PAGE 51) t ”. Fri $ I ' rl a _ o • av1 (V car, 4.5000 1 M I .� _ 1 e $ 2T PRII Ham T ' y Qr vxr - X6 ce.S 43WWW. ' — i_NE Al E. S ti --- — AI Ei anrt w¢ sV , it 1 e 1 . , r . , maiiwir-iiim. ,401' cRA i � ' BOYNTON =BEACH CRA BOARD MEETING OF: October 9, 2012 1 Consent Agenda 1 X 1 Old Business 1 New Business 1 Legal 1 1 Executive Director's Report SUBJECT: Reconsideration of Rent Increase for Slip Tenants SUMMARY: At the September 11, 2012 CRA Board meeting, the Board voted to increase the marina slip rent from $14 per linear foot to $16 per linear foot. A board member on the prevailing side has requested that the item be revisited based on a letter from a slip tenant requesting that the increase not go into effect until January 2013 (see attached). The marina slip leases renew on October 1, 2012. To change the rent for three months would require an addendum to the new leases. FISCAL IMPACT: If the Board approves holding the rent increase until January 2013, the impact would be negative income of $3,669 for FY 2012/2013. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Provide direction to staff. Vivian L. Brooks Executive Director TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Manna Rent Reconsid.doc Sept. 12, 2012 To: Boynton Beach CRA Re: Boynton Harbour Marina Dockage rate hike Dear Sirs and Madames (and who it may concern): ...Unfortunately, we were not in attendance in last nights meeting, (due to a family emergency) pertaining to the Boynton Harbour Marina slip hike. As all of us being local citizens, there are many of us whom find our small business suffering in not only the National level, but locally right here in Boynton Beach....you folks can probably understand that no tennant at the Marina is in favor of a dockage hike, especially in light of the fact that many of the proposed improvements are not in yet..(ie: bathrooms). With that in mind, and me understanding that this rate hike is a "done deal" ...I respectfully ask the Boynton CRA to please consider their dockage rate hike to NOT GO INTO EFFECT UNTIL JANUARY 1 2013....and let me tell you why... As Charterboat business owners and operators in Boynton Beach (family owned and operated since 1961)...and 01' timers of this business...the FACTS ARE: THERE IS NO BUSINESS OR REVENUE IN THE CHARTER SERVICE BUSINESS BETWEEN LABOR DAY AND DECEMBER 26...PERIOD!...This is the time of year when my husband drives me crazy and I have to be very creative in my "honeydoos "....and 1 am dead serious about this...Geno does the grocery shopping during this time!...So, my point... it is the absolute worst time of the year...the worst month...to raise the dockage further, I have reviewed your budget on the BHM, and 3 months of a delay would be infantismal to your budget planning...but HUGE to your tennants at what 1 want to eventually consider ... "THE BEST SMALL MARINA IN AMERICA" I wish I could have been there last night...but folks that know us...know why...and now, with our Charterboat Geno IV being struck by a bolt of lightning at the Boynton Harbour Marina this past Thursday...well, as of this date and time, there is 10's of thousands of dollars worth of damage... Anyway....PLEASE...Please I respectfully request your delay and or postponement of the dockage rate hike....until the 2013 season begins.., Very Sincerely yours, Capt. Karen Pratt :,, ,„, .,,, BOYNTON - cRA =BEACH 1 CRA BOARD MEETING OF: October 9, 2012 i I Consent Agenda 1 1 Old Business 1 X New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Resolution No. 12 -06 — Budget Amendment No. 1 — FY 2012 -2013 SUMMARY: As of the CRA Board meeting on September 11, 2012, the City and County's final millage rates had not been set. The CRA's 2012 -2013 adopted budget was based on the 2011 -2012 City and County millage rates. The County's millage rate remained the same; however, the City's millage rate increased to 7.6 resulting in additional tax increment revenue to the CRA of $185,000 (chart attached). In addition, unutilized Commercial Facade Grant funds in FY 2011 -2012 of $28,840 has been identified. Therefore, a total of $213,840 is available for redevelopment programs and the required increase in direct incentive agreement payments to developers as a result of the increased millage. Staff recommends the following allocation of additional funding: 1. $28,000 — Additional funds needed for direct incentive agreement payments to developers - total new budget funding of $517,500 ($410,000- Promenade, $50,000 Walmart, $35,000 -The Preserve, $22,500 Walmart Brownfield). 2. $85,840 — Parking Redevelopment Planning — total new budget funding of $303,424 3. $100,000 — Economic Development Grant Programs — total new budget funding of $285,000 Resolution No. 12 -06 including Exhibit A (attached) provides for the allocation of funds as described in 1 -3 above. FISCAL IMPACT: Increase in General Fund and Project Fund for the additional tax increment revenues of $185,000 and unutilized Commercial Facade Grant funds of $28,840 for a total of $213,840. CRA PLAN, PROGRAM OR PROJECT: All Plans T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meet ng\FY 2012 - 2013 Board Meetings \Oct 2012 \Budget Amendment - R12-06 doc BoyNToN Y BEAt H RECOMMENDATIONS /OPTIONS: Amend the FY 2012 -2013 CRA Budget to: 1. Increase Tax Increment Revenues by $185,000 2. Fund Balance Allocation in the Project Fund of $28,840. Source of funds: unutilized Commercial Facade Grant funding in FY 2011 -2012 3. Allocate the total funds available of $213,840: (a) $28,000 for additional direct incentive agreement payments, (b) $100,000 for Economic Development Grant programs, and (c) $85,840 for Parking Redevelopment Planning Vivian Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meet%ngs \Oct 2012\Budget Amendment - R12 -06 doc BOYNTON BEACH CRA TAX INCREMENT REVENUES - FY 2012 -2013 As of: 10/1/12 F 2012 -2013 1 2012 Assessed Values $ 789,908,428 Less Base Year Value 309,821,849 TIF Taxable Value 480,086,579 95% of Difference Applied to Millage $ 456,082,250 Millage Rates No Change City: Approved 9/18/12 City & Cty. County: Approved 9/24/12 City 7.1941 7.6000 County 4.7815 4.7815 Tax Increment Revenue City $ 3,281,101 $ 3,466,225 County $ 2,180,757 $ 2,180,757 Sub -Total $ 5,461,859 $ 5,646,982 1% for True -Up $ 54,619 $ 56,470 Net TIF $ 5,400,000 $ 5,585,000 Budgeted Amended Budget 9/11/2012 10/9/12 Additional Revenue from Increase in Millage Rate $ 185,000 Less Increase in DIFA Payments Promenade $ (20,000) The Preserve $ (3,000) WaI -Mart $ (5,000) Sub -Total $ (28,000) Additional Revenue less DIFA Payment Increases $ 157,000 RESOLUTION NO. 12-06 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2012 -2013 BUDGET TO INCREASE THE TOTAL APPROPRIATIONS FOR THE GENERAL FUND AND 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 2012 -2013 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 approved Resolution No. R12 -04 on September 11, 2012 approving the Fiscal Year 2012 -2013 budget; and WHEREAS, the City Commission approved Resolution No. R12 -095 on September 18, 2012 with a Final Millage Rate of 7.6 Mills. WHEREAS, the difference between the approved budgeted funds available in FY 2012 -2013 and the actual revenue to be received as a result of the increase in millage rate is $185,000.00; WHEREAS, certain Commercial Facade Grants in FY 2011 -2012 did not utilize maximum appropriated and approved grant funding in the amount of $28,840.00; 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 COMMISSIONERS 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 tax increment revenue and transfers to Project Fund by $185,000. Project Fund transfers in (revenue) is hereby increased by $185,000. Further, Project Fund Other Financing Sources (revenues) is hereby increased by $28,840, the source of funds is unutilized Commercial Facade Grants in FY 2011 -2012. Project Fund expenses are increased by (1) $28,000 for additional funds necessary for direct incentive funding agreements payments, line item 02 -58400 -443; (2) $100,000 for Economic Development Programs, line item 02- 58400- 440/444; and (3) $85,840 for Parking Redevelopment Planning, line item 02 -58200 -404. A copy of the 2012 -2013 budget amendment is attached hereto as Exhibit "A ". SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS DAY OF , 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Woodrow Hay, Chair Approved as to form: James Cherof CRA Attorney Z 0 CO 0) 0 0 CO <I' CO °o O oo) rn(0 rn 0 I r- a rri o0 05 R cm ri ui Eri Z 0 c N 10 N 0 0 N CO W 0 a In N N .- a a a EA co to EA EA EA EA EA 0 0 0 0 0 0 0 C v 0 LLI W 00 00 00 0) 00 cri W W 00 co 00 N h- 0) N N CC U Z W 0 "" (/) EA EA EA EA 69 EA EA EA W 0 0 CO N (0 0 CO CO CO D W Q -EA a ,t ,- CV r` N LO n a Eri m 0 O W CO a U �d 5 EA EA EA EA EA EA EA EA W 0 CO o ° V) H c o o 4- o? 0 0 I— V 1° 0 0 0 0 0 � 0 O v CO Q« v 8) v v © O 0) co W J d Lo N to L N o Q 0 • O O N N O c N o Q E1 O O co O N Z c C Q 3 N LL 7 m 7 -O p LL Z C Cli 5 U ►. 0] 07 Z d °- m °- 0 Q V a) m N Q c C C 1- W Z c Is ~ 1— 3 O co N m N .o M a , a c En c E 7 o En CO m = a Ln'm a Na c a o J W CC N c W N °- C Z .- X a t N a) a U 0 Q W Z c �a CO w CO 2 W c N E L, E ' m a c o m 0 O x LL N E co T <L cc Ea N C V w d 0 m a) ,- co C I- m E r C C C Q E i 12 N E 0 0 co - co LL N LL F- F- F - 0 U d r i u_ 0 Z To 3 z N d co C Ea Ea E2 F- o (- S) S) g) LL Z y13 -o co d o 0 W d C U C C V C O W a) (U 0) F' F- C _ I L E u) O O O l0 > O N a w Ci C > > C > Z W Eo I- LL • a) Ell (U W r-, 0 E° 'ca O 0 o d E c co co a� u_ E E ii E U g • c ° c ° � ° cc Z E -0 N f0 L 0 U o CO c 0 0 W : ,.. • N 0 -- O W W U O w Q C w i0 — ' c a Z cu N O c 1 as C N v O L. O O O O LL N c 0 0 a d Q a a 4 L O _ 2 O C # Eo - a N t O EU (V 1- 0) N m Ep O C O 00 a E c A c 0 • 3 m 0 $ ,LL ' en U9 a p, L. N R 7 a)) Qa � 003W .. 1 t RESOLUTION R12- 0 2' 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A FINAL MILLAGE RATE OF 5 7. ( MILLS FOR THE CITY'S GENERAL FUND FOR 6 THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND 7 ENDING SEPTEMBER 30, 2013; PROVIDING THAT THE 8 FINAL MILLAGE RATE OF 7. ( MILLS IS 4. 1 9 ABOVE THE ROLLED -BACK RATE OF 7.3016 MILLS; 1 o PROVIDING FOR SEVERABILITY, CONFLICTS AND t 1 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, a final budget has been reviewed and considered by the City of 14 Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues 15 to be derived from sources other than ad valorem levy, and the administrative staff of the 16 City has made recommendations as to the amount necessary to be appropriated for the 17 ensuing year; and 18 WHEREAS, the City Commission has given notice of and conducted the public 19 hearings required by law and has considered the recommendations of staff and the 20 comments of the public, the suggested budget, and the proposed millage necessary to be 21 levied to carry on the government of the City for the ensuing year; 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 1 Section 2. The City Commission of the City of Boynton Beach 1. mrnda hereby 2 adopts the final millage rate of 7. c, for the General Fund The final millage rate is L{. 3 above the computed rolled -back rate of 7 3016 4 Section 3. If any clause. section. or other part of this Resolution shall be held by 5 any Court of competent jurisdiction to be unconstitutional or invalid. such unconstitutional or 6 invalid part shall be considered as eliminated and shall in no way affect the validity of the 7 other provisions of this Resolution. 8 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 9 repealed to the extent of such conflict 10 Section 5. 'this Resolution shall become effective immediately upon passage 11 PASSED AND ADOPTED this 18th day of September. 201 12 CI 1'Y OF BOYNTON BEACH. FLORIDA 13 q 14 f /�'i%1'.r / � i / 15 Mayor -- Wood • . 16 17 18 • ayor — Mack McCray 19 20 - 21 Commissioner � 23 24 Commissioner — teven • an 25 ,6 GIF• • 27 Commissioner -- Marlene Ross 28 ATTEST: 79 30 � //1 31 la • M. ' • ' i 'to, MMC 32 33 34 ( 't -al) p t33 h 1 ,.mac Aa, rrA1„ , BOYNTON CRA =BEACH CRA BOARD MEETING OF: October 9, 2012 1 Consent Agenda 1 Old Business X New Business j Legal 1 I Executive Director's Report SUBJECT: Consideration of Improvements to Veteran's Park at Ocean Avenue /4 Street SUMMARY: Veteran's Park located on Ocean Avenue is a perfect example of an urban pocket park with its mature trees providing shade and green space amongst an urban setting. However, unlike many urban parks it does not provide the opportunity for activities. The CRA will be installing art lighting in the trees in November that will provide much needed light at night. CRA staff met with City staff to discuss options to activate the park. Due to its small size and the demographics of the area an option is to install game tables similar to ones used in New York City parks. Chess and checkers can be played on the tables with patrons bringing their own pieces. The tables are constructed of concrete and are highly durable. They are also graffiti resistant. City staff feels three tables with the matching stools can be easily accommodated in the park. One table will be handicap accessible. City staff will install the tables and stools and the CRA will reimburse the City for the cost if the Board approves the project. FISCAL IMPACT: The total for the three tables and stools is $6,100 and the installation is $2,500 for a total of $8,610. If the Board approves the project the funds would come from General Fund /Property Maintenance 01 -51620 -209. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve installing three game tables at Veteran's Park on Ocean Avenue for $8,610. Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \Veterans Park doc Concrete Classics Page 1 of 1 +, klynchandsons dotyconcrete dotyconcrete concrete - classics theparkcatalog thefind be tsar concrete i Duraseal www.duraseaI us Stdping,Seaknating,Crack Sealing (NEW CUSTOMER DISCOUNTS) CALL TODAY CONCRETE AUTHENTIC NEW YORK CITY CLASSICS C - SSTABLES home products ribout us links faq customers FIXED TABLE PHOTOS Return to the products page .N•wpiwgtP-- 679 Brick Kiln Road • Sag Harbor, NY_n01• - P: 20 -6829 • F: 973 -998 -1307 • click to email Page 1 of 13 •• CITIES MOST RECENT © TOP TAGS: VIDEOS / DIY / HOW TO SHARE / SHARING ECONOM Pocket Parks Blossom to Create Shareable Spaces in By Kelly McCartney Uusers /thekelword) ( /bloWkelly- mccartnev /feed) 06.06.11, 9:07am Comments (3) ( #comments) Like 27 ( #) Tweet 21 ( #)u7 ( #) 0 ( /forward ?path= node /3838) 1 : '" A ",-,, RELATED ARTICLE: t <° t • • You're Invited to SHL '' , p York ( /bloq /announcin , .. s,. . , b - ri new York) .., t $7. 44* ." V. • Interviewed: David H on Rebel Cities r w =" ( /bloq /interviewed -dav -on- rebel- cities) • Doq Parks, Humans ^^ = Commons ( /bloq /doq- humans- and - the -comr NI 1 At • Public Spaces Make -- ow- World Go 'Round ( /bI + - Y - spaces- make - the -wor - - round) _y ' � • Why are Bikes Being Targeted by Congres A pocket park in New York City. ( /bloq /why - are - bikes -b targeted -by- congress) Would a park by any other name feel as sweet? Probably so. • Especially if you happen to live in a stubbornly urban environment Spacehive Crowdfun Public Spaces with minimal access to green commons. It's in just such places that Page 2 of 13 pocket parks ( http : / /streetswiki.wikispaces.com /Pocket +Parks) — also known ( /bloq /spacehive -crow as miniparks, vest - pocket parks, or parkettes — have taken root in public - spaces) vacant lots and irregular plots around the world. These miniature • San Francisco Annoy oases provide a respite from the concrete and steel that fill cities. Sharing Economy w4 Group ( /bloq /breaking However, pocket parks aren't found only in metropolitan areas. Au francisco announces economy - working -groi contraire. Public, private, urban, or suburban... pocket parks aren't picky. Some are incorporated into large -scale building projects in • The Boom in Biking I order to meet public space requirements; others get tagged Everyone, Not Just p p q g gged on to Bicyclists (/bloq /the -L urban renewal plans as wildlife protection areas; and still others bikinq- benefits -everyo blossom around a sculpture or monument so that people might have just - bicyclists) a more enjoyable experience of the shared space. • Policies for a Sharea #9: Recreational Spa In Tokyo, pocket parks (http: / /www.flickr.com /photos /ieansnow /746409855/ ) — ( /bloq /policies- for -a -sh known as tsuji - hiroba — provide an even more compelling service. city -9- recreational -and Designed with underground water tanks, the miniparks act as spaces) community meeting spots during emergencies such as fires or • Little Free Libraries earthquakes. With typical Midwestern flair, Indianapolis built a Popping Up All Over pocket park playground (http: / /www.kibi.orq /pocket parks) where once a ( /bloq /free little librarie decrepit house stood and they offer a handy 'How To guide popping up all over) (http: / /www.kibi.orq /pp how -to) for anyone looking to follow suit. Some 40,000 lots sit empty in Philadelphia (http: / /earth911.com /news /2011 /02/21 /pocket - parks - fight- urban - decay- crime /) drawing crime and decay into neighborhoods, but that's changing, at least in the Francisville neigborhood, with their "Cleaning and Greening" program. The parkette trend is so hot that Planters Peanuts ( http: / /www.travelandleisure.com /travel -bloq /carry -on /2011 /3 /1 /planters- plans-mr- peanut - pocket - parks - for -us- cities) is planning to develop branded spaces in San Francisco, Washington D.C., New York City, and New Orleans dubbed Planters Groves. Take a tour of pocket parks around the world, from Seattle to Sydney: Page 3 of 13 = tdCre into „ . , �► r ^ s I � „ T Via,{ • ar The pocket park efforts in Indianapolis, Indiana yielded great results. 41111t, I fi •.� Jo • 41 11C°: : Ilk JP ac • a Waterfall Garden Park in Seattle, Washington marks the site of the founding of United Parcel Service. Photo credit: Joe Mabel (http. // commons. wikimedia.orq /wiki /User:Jmabel) . Used under Creative Commons license. Page 4 of 13 s 77II f 4:4 r ' . . 1UU11 In the Old City neighborhood of Philadelphia, Pennsylvania, Ben Franklin keeps a watchful eye over those who come to enjoy Girard Fountain Park (http: / /en.wikipedia.orq /wiki /Girard Fountain Park) . Photo credit: iepsculpture ( http:// www .flickr.com /photos/14530457(5 N05) . Used under Creative Commons license. it l '.4 1,4" I 1 A pocket park in front of the Ashling in Dublin, Ireland. Photo credit: Page 5 of 13 Patrick Nielsen Hayden (http://www.flickr.com/photos/pnh/112188757/). Used under Creative Commons license. . r y •.. y ' e ; 1 • New York City boasts so many pocket parks for its residents, they have an online Frommer's Guide (http://www.frommers.com/artides/6118.html). This one was captured as part of a digital scavenger hunt called Wikis Take Manhattan. Photo credit: Zefferus (http. // commons. wikimedia .orq /wiki /Category :Images from Wikis Take Manhattan by Zefferus) . Used under Creative Commons license. Page 6 of 13 a ffi ',I' +. .. :'. ' *. ft," , ,!Pt ;:t , # ,„. 4 40. t it . WO Le. *.iik . • -, .. n, ,, - T ��aA. p Jii 1 1 ` i ' 4• NIL ' A local gentleman takes advantage of a minipark on Galvez Street in Mid -City New Orleans ( http : / /commons.w /wiki /New Orleans) , Louisiana to catch a few zzz's. Photo credit: Infrogmation (http://commons.wikimedia.org/wiki/User:Infroqmation). Used under Creative Commons license. kik . VM "` #F. r # "i +1 \ 4 } is :Ig' In Sydney, Australia, the city council is in the final stages of Page 7 of 13 refurbishing this tiny Chippendale pa� r . ho o cre i : Newton Graffiti ( http: / /www.flickr.com /photos/newtown grafitti/4 55 78 1 1 7 78/) . Used under Creative Commons license. t A' w V C Folks who visit Babraham Pocket Park near Cambridgeshire, UK can relax in this peaceful patch of land by the river. Photo credit: Duncan Grey ( http . / /www.geograph.orq.uk/profile /21884) . Used under Creative Commons license. • • • .• • - ! _ The nighttime lights of a pocket park on M Street in Washington, Page 8 of 13 DC ' oto credi : 'udi 'let (http: // www. flickr. com /photos/rudiriet/5281524220/) . Used under Creative Commons license. ,: v im; n w Zilber Park brings a spot of green to Westown in Milwaukee, Wisconsin. Photo credit: Jeramev Jannene (http://www.flickrcom/Dhotoskompuieramey/4538 . Used under Creative Commons license. t AT, , � l‘ h � s i k r Nit 9000 dollit _ ,_ _ A parkette on Metropolitan Branch Trail 9 in Washington, DC. Photo credit: Trail Voice (http://www.flickr.com/photos/trailvoice/45 . Used under Creative Commons license. Page 9 of 13 • 4 ( 11 1 I �' 1t y lln 1 ) 1� 1 1i i :: This park on a corner of Selma Avenue in the middle of Hollyood proves that even California residents need to create their own green spaces sometimes complete with blooming jacaranda trees. Photo credit: Downtowngal (http: / /commons.wikimedia .orq /wiki /User.Downtowngal) . Used under Creative Commons license. • • 1 A • p t . 4• ! 1a. Ai 41' , r III d". I7 — w..��. { . at1N E s. �. • • - Local residents gave Cloister Pocket Park in Spring Boroughs, UK a makeover in 2005. The results are grand. Photo credit: Ruth Thomas ( http : //www.geograph.orq.uk/profile /26160) . Used under Creative Commons license. Page 10 of 13 �. . r 1 1 -,..i M i J � \ . i ` jtr pa S Illii .. , The lush greenery of Scuffletown Park brightens up the Fan District of Richmond, Virginia. Photo credit: Taber Andrew Bain ( http✓/ www .flickr.com /photos/andrewbain /9807348646/) . Used under Creative Commons license. , .:,,,„Aki a ,, rya L , •5 P7 A t . ,. s as g. ,, , Tucked amongst the trees, Little Pearl Park in Crestone, Colorado provides a nice picnic spot to anyone who wants it. Photo credit: Fred Bauder (http: / /commons.wikimedia.orq /wiki /User: Fred Bauder) . Used under Creative Commons license. Page 11 of 13 I An empty lot on Ballard Avenue in Seattle, Washington got upgraded to vest - pocket park status with the addition of this gazebo. Photo credit: Joe Mabel (http: / /commons.wikimedia.orq /wiki /User:Jmabel) . Used under Creative Commons license. TAGS: COMMONS (/TAG /COMMONS) , LISTS (/TAG /LISTS) , MINIPARKS ( /TAG /MINIPARKS) , PARKETTES (/TAG/PARKETTES) , POCKET PARKS (/TAG /POCKET- PARKS) , PUBLIC SPACES (/TAG /PUBLIC - SPACES) , SHARED SPACE (/TAG /SHARED - SPACE) , SLIDESHOWS (/TAG /SLIDESHOWS) Like 27 ( #) Tvueet 21 ( #)u7 ( #) ( /forward? path= node /3838 Rate this article Your rating: None Average: 4 (2 votes) We Recommend From around the A Life of Abundance Without web Money 5 Mistakes to Avoid when (http://www.shareable.net/bloq/a-life-of- Starting a Small Business abundance - without - money) (http: / /www.phonebooth.com /bloq /2012 Utilihab: The Modular Open /07/5- mistakes - avoid - starting- small- Source Home business / ?utm campaign= Feed %3A% * c RA BOYNTO N =BEACH CRA BOARD MEETING OF: October 9, 2012 1 Consent Agenda 1 1 Old Business X1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Florida Redevelopment Association Annual Conference Board Travel SUMMARY: The Annual Florida Redevelopment Association (FRA) Conference will be held on October 24 -26 in Daytona Beach. FRA is a not - for - profit organization dedicated to assisting Florida professionals and volunteers in community revitalization efforts. With its mission of "transforming spaces, revitalizing places," FRA is committed to providing a forum for its more than 300 members to share knowledge and common experiences regarding revitalization opportunities and issues throughout Florida. FRA encourages adoption of legal and financial tools and programs favorable to community growth and serves as a statewide clearinghouse for redevelopment information. Board members who wish to travel to the conference need Board approval to do so. FISCAL IMPACT: The cost per Board member is $982.25 which includes hotel, conference registration, per diem and mileage. This is a budgeted item. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve travel and expenses for Board members wishing to attend the 2012 FRA conference. Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2012 - 2013 Board Meetings \Oct 20121FRA doc FRA Annual 2012 Conference Program "Small Towns /Big Towns - Redevelopment Strategies at Work http: / /redevelopment. net/annual- conference /2012- conference We have secured a reduced hotel rate of $145 /night for FRA conference participants. This includes complimentary overnight self - parking for guests and complimentary wired internet access in all guest rooms and meeting areas. Reservations for the FRA group should be made prior to October 1, 2012 by contacting the hotel directly at (386) 254 -8200. A credit card is required to guarantee the reservation, but no charges will be applied prior to arrival. Any cancellations must be received at least 72 hours prior to your scheduled arrival. The room block may sell out before the cut -off date of October 1, so availability is not guaranteed. www.daytonahilton.com Tuesday, October 23, 2012 9:30 a.m. — 4:00 p.m. FRA Academy Certification Class: Redevelopment 101 http://redevelopment.net/member-sen/ices/redevelopment-academy (Registration is open at this time) AICP 6.0 Wednesday, October 24, 2012 streetscape improvements to new hotels 7:30 a.m. Registration Desk Open and parks. Refreshments at Registration New Smyrna Beach CRA Mobile Tour 8:00 a.m. - 11:00 a.m. 8:00 am — 11:00 am CRA Basics Board Training Sponsored by the New Smyrna Beach CRA This course is designed for elected and You will tour several new projects in appointed officials, and specifically CRA different stages of development, as well as Board members_ We welcome anyone who learn about project details. included are: a wants to team about the basic legal, new 112 room Hampton Inn; a new urban legislative, reporting and practical issues, as beachfront park; and a retrofit of two well as best practices, for CRAs in Florida. buildings, vacant for a long time in the old Sign up separately on the conference downtown area; a housing complex for 33 registration form for this class. artists, over a dozen commercial facade or http : / /redevelopment.net/annual redevelopment projects; a renovated beach conference /2012- conference front park; and seven streetscape projects. AICP 3.0 We will also tour the Black Heritage 1.5 Legal and 1.5 Ethics Museum, and a school building adapted for re -use as the Marine Discovery Center. Halifax Area CRAs Tour 8:00 am — 11:00 am Pre- register for tours using the online Sponsored by Halifax Area CRAs registration form The CRAs of Daytona Beach, Holly Hill, http://redevelopment.net/annual- Ormond Beach, South Daytona, Port conference /2012 conference Orange, and Daytona Beach Shores will share how several projects in their CRA 9:00 a.m. FRA Board Meeting (open) districts came about, and show you the results ranging from US 1 and A1A 11:00 a.m. Exhibit Hall Open 1 11:00 a.m. Welcome Lunch - Exhibit Hall Peters, Founder and President, Responsible Hospitality Institute 12:30 p.m. Opening Plenary and Keynote AICP 1.5 Rich Luker: Building Simple Community for Redevelopment Success Florida Is Moving: Transportation Update Florida is not building any more interstates 2:00 p.m. Refreshment Break Exhibit Hall in the foreseeable future. New passenger rail is still in the planning stages. You may 2:15 p.m. Plenary Session be surprised to learn what is in the crystal FRA Legislative Update ball for congested corridors, ports, freight While we are busy surviving with limited and logistics and passenger rail. revenues and shifting citizen priorities, be Moderator: Melanie Weaver Carr, Office of assured that the legislative arena is in full Policy Planning, Florida Department of action mode. What is on the horizon? We Transportation will particularly talk about coalition building, Speakers: Robert Romig, State and the Governor's order for a Transportation Development Administrator comprehensive study of all special districts, Florida Department of Transportation and including Community Redevelopment Juan Flores , Freight, Logistics and Agencies. Don't miss the details about your Passenger Operations Manager, Florida requested participation in the study and the Department of Transportation process going forward. AICP 1.5 Moderator: William J. Peebles, FRA Legislative Counsel Our Town: Realistic Economic Speakers: Karen Peterson, FRA Legislative Development Counsel; Jeffrey S. Woodburn, Florida's Florida has made a huge investment in job Office of the Governor; and Beth Rawlins, creation initiatives at the state and regional Florida Business Watch level, as have the big cities. But, are there AICP 1.5 Legal tried and true basics that local officials can implement to make sure that they are doing 3:45 p.m. Refreshment Break Exhibit Hall the right things to ultimately help "make it happen "? We will discuss examples of how 4:00 p.m. local business development still takes place Revitalizing Your Downtown Night and when there is little or no money. Day through Tourism Moderator: Kevin Crowder, CEcD, Florida is a destination, all over the state.. Economic Dev. & Intergovernmental Affairs, How can you successfully manage the City of Miami Beach challenges that come with an economy Speakers: Julie Conley, Executive Director, supported by tourism? We will talk about Jefferson County Economic Development the opportunities and ideas that have Council; David Dickey, Director of proven successful in managing and growing both night and daytime activities. This Community and Economic Development, session will include inexpensive ideas for City of Winter Haven; and Christine A. small programs that others have used to Ross, Executive Director, Bonita- Estero succeed, both in Florida and all around the Economic Development Council country. AICP 1.5 Moderator: Marjorie Ferrer, Executive Director, Delray Beach Downtown 5:30 p.m. Development Authority Speakers: Marjorie Ferrer, Executive Reception Exhibit Hall Director, Delray Beach DDA and Jim 2 Thursday - October 25, 2012 small, and through momentum have achieved strong results. 7:30 a.m. Registration Desk Open Moderator: Marc Mondell, Executive Director of Municipal Development, City of 7:30 a.m. Break Exhibit Hall Ocala Speakers. We will feature brief case 7:30 a.m. Exhibit Hall Open studies from several small sized programs around the state. 8:00 a.m. AICP 1.5 Reaching Out for Investment The Boynton Beach CRA has created an 9:30 a.m. aggressive array of incentive programs and Refreshments in Exhibit Hall and zoning tools, redeveloped hundreds of Exhibitor Gift Drawings acres, and instituted economic development programs that have retained and attracted 10:15 a.m. businesses. How did we get the word out to Making Your Program Business Friendly the business and development community? Businesses sometimes incorrectly blame How do you create the environment that government for being the entity of 'no", due makes your community desirable to invest to regulations, fees and procedures. What in? What marketing tools work for specific can you do to reverse that notion and thus audiences? Join us and find out! keep your commercial sector vibrant? We Moderator: Kevin T. Greiner, IBI Group, will share tried and true practices; the how Inc. and the why from a large, medium and Speakers: Vivian L. Brooks, AICP, small city. Executive Director, Boynton Beach Speakers: Laura Gambino, Business Community Redevelopment Agency and Development Coordinator, City of Fort Kevin T. Greiner, 1BI Group, Inc. Lauderdale; Tanja Gerhartz, Economic AICP 1.5 Development Director, City of Winter Garden; and The Honorable Mary Lou ICSC Alliance Presents Hildreth, Mayor, City of Keystone Heights. Retail Trends and Getting the Retail You AICP 1.5 Want: how do you start, what should be in the successful tool kit, and how do you get Business Improvement Districts to the finish line? What are the timelines, 'BIDS" are becoming more used in the steps and the best practices? How do commercial urban areas - why? This you motivate and work with property session will cover what they are and aren't, owners? how they operate, how to set them up, and Speaker: Lynn Dehlinger, Economic how they may be used to further Development Director, City of Holly Hill redevelopment goals. AICP 1.5 Moderator: Terrell N. Fritz - Senior Associate, Redevelopment Management Building Momentum with Simple Steps Associates Momentum is needed to build staff capacity, Speakers: Christine Burdick, President, remove slum and blight, encourage private Tampa Downtown Partnership; Mari Gallet, investment, build board member Executive Director, Business Improvement confidence, and pursue grant funds. We District of Coral Gables; and Dori DeBord will talk about how to complete small simple Stone, AICP, Economic Development/CRA projects first, measuring investment results, Director, City of Winter Park and controlling what you can. You will hear AICP 1.5 testimony from existing CRA's that started 3 Designing for Pedestrian Safety dependent special districts are on that list. One national study recently sited Florida as CRAs need to file four reports each year on notable for its poor pedestrian fatality track their revenues, expenditures and projects. record – we have an eight percent higher Do you know what they are and who to pedestrian fatality rate than the national send them to? What are these reports used average. This session will present a for, and what happens if you are not in condensed version of the Federal Highway compliance? We will discuss in detail. Administration's "Designing for Pedestrian Speakers: Jack Gaskins Jr., Department of Safety" workshop. We will also provide Economic Opportunity, Special District examples illustrating how two Florida cities Information Program and David T. Ward, have tackled urban transportation issues to CPA, Audit Supervisor, State of Florida provide a safer, more multimodal Auditor General transportation system. NOTE: If you are planning on attending just Moderator: Michael English, AICP, this session at the conference, we have Principal, Urban Planning & Design, established a separate registration fee of Tindale- Oliver & Associates, Inc. $25. Please download the form @ Speakers: Demian Miller, AICP, Associate http://redevelopment.net/annual- Principal, Tindale- Oliver & Associates, Inc. conference /2012 conference and register AICP 1.5 each attendee. AICP 1.5 11:45 a.m. Lunch Delray Beach: Creating an Arts FRA Business Meeting and Keynote Destination Peter Kageyama: For the Love of Cities It is estimated that nonprofit arts and culture organizations in the U.S. drive a $166 billion 2:00 p.m. industry —one that supports 5.7 million full - CRA Plan Amendments and Updates time jobs and contributes nearly $30 billion How do you know when to update or amend annually to government revenues. Art and your plan? What are the benefits and culture audiences patronize area potential pitfalls to changing your plan? We restaurants, hotels, retail stores, parking will discuss how to determine the best garages, and other local businesses. See course of action, the steps to take and the how Defray Beach has built on its creative statutory requirements that must be assets to become a popular arts destination followed to insure your plan has the and produce tangible economic benefits for strategic elements that will insure it is an the city. effective working document. Moderator: Diane Colonna, AICP, Moderator: Jeffrey L. Oris, CEcD, President, Executive Director, Delray Beach CRA Planning and Redevelopment Consultants, Speakers: The Honorable Thomas Carney, Inc. Vice - Mayor, City of Delray Beach and Speakers: Corey W. O'Gorman, AICP, President, Creative City Collaborative Principal, Place Planning and Design; (CCC); Alyona Aleksandra Ushe, Executive Jeffrey L. Oris, CEcD, President, Planning y and Redevelopment Consultants, Inc.; and Director, Delray Beach CCC; and Diane Curtis M. Ostrodka, AICP, LEED AP - VHB Colonna, AICP, Executive Director, Delray MillerSellen Beach CRA AICP 1.5 AICP 1.5 Accountability and Transparency in CRA 3:30 p.m. Reporting Refreshments in Exhibit Hall /FRA Gift Governor Scott ordered a study of all Drawings special districts this year, and CRAs as 4 3:45 p.m. Speakers: Dr. James Baugh, Former VISION PLANNING - Getting from Assistant Secretary of the U.S. Department Conception to Groundbreaking of Housing and Urban Development and Practical lessons on developing and Principal of JEB Associates and Dr. implementing a vision plan for your Jonathan F.K. Earle, Professor Emeritus at Downtown. Using the Jacksonville Beach the University of Florida and recipient of the Downtown CRA as an example, the team U.S. Presidential Award for Excellence in will overview a comprehensive streetscape Science, Mathematics and Engineering and infrastructure improvement program Mentoring. that starts with a community -based vision AICP 1.5 planning process. The session will cover planning, financing, and engineering and Plan the Future by Understanding CRA design, as well as complementary Revenues regulatory measures. Florida's revenue limitations have taken a Moderator: Steven G. Lindorff, AICP toll on CRA trust funds. We will cover what Agency Administrator, CRA, City of revenues are collected and placed into the Jacksonville Beach trust fund; by whom, when, and how they Speakers: Gregory A. Bryla, Landscape are calculated. Leam about the "secrets" Architect, BrylaStyle; Hayley Harrison, RLA, that may be in your revenue projections and Hayley Harrison Landscape Architecture, collections. Lastly, what is the approved, Inc.; and Tara Salmieri, AICP, FBCI, complete list of allowable CRA expenses - President/Owner. PlanActive Studio, LLC does that change if needs and funding AICP 1.5 levels change? Moderator: K. Michael Chen, Urban The Importance of Diversity to Development & Mobility Solutions Redevelopment, Economic Development Speakers: K. Michael Chen, UDMS; and Innovation Kenneth Small, Financial Technical Florida is a hugely diverse state and this Assistance Manager, Florida League of diversity of citizens is one of our best Cities; and Thomas R. Kohler, Senior redevelopment and economic development Principal /Vice President, Real Estate tools. Are you using diversity to maximize Research Consultants your redevelopment and economic AICP 1.5 development success? We will be having very open and honest discussions on the Awards Dinner and Academy Graduation subject of diversity in our communities and 6:30 p.m. how to recognize, utilize, celebrate and Casual Dinner and Dancing with Your effectively support "differences in people" - "Personal DJ "I the definition of diversity. Moderator: Jeremy Earle, ASLA, AICP, Executive Director, CRA, City of Dania Beach Friday — October 26, 2012 8:00 a.m. — 10:00 a.m. Closing Breakfast/Other Topic Roundtables and Presentations Grab a full buffet breakfast and either join a table conversation, or hear other topic presentations in separate rooms — If you have a suggestion for a topic email cwestmorelandWcities.com. 5 Topics Small Cities and Towns: Special Challenges and Low Cost Solutions Problem Solving Open Brainstorm Session Brownfield Funding You Pick a Topic (we will have resident "experts" on hand) Friday - October 26, 2012 9:30 a.m. — 4:00 p.m. FRA Academy Certification Class: Budgeting, Financing and Reporting http: / /redevelopment. net /member- services/redevelopment- academy (Registration is open at this time) AICP 6.0 For more information, contact Carol Westmoreland, cwestmoreland flcities.com or 850 -570- 7206. 6 XIII. New Business: D. Request by The Related Group to Set Aside Section 8.1.6 of The Promenade DIFA for a Certain Time Period (Back -up to follow at a later date) EXECUTIVE DIRECTOR'S PROJECT STATUS REPORT September 2012 Project Activities Outcomes Anticipated Completion Date Ocean Avenue 1. CaII to Artists issued. 2. Call to RFQ DEADLINE End of November Lighting Project Artist deadline of July 18th was Wednesday, July 18, 2012 2012 reached with 11 artists providing at 5pm- SELECTION a response. 3. Michael Simon & Monday, July 23, 2012 - Theresa Utterback were the ARTS COMMISSION CRA staff participating on the Tuesday, July 24, 2012 - review committee. 4. Three NOTIFICATION artists were recommended, each Wednesday, July 25, 2012• one providing art pieces for each ARTIST AGREEMENT of the three trees on Ocean & FINAL PROPOSALS Avenue. The Art Commission Monday, August 2, 2012 - approved the review committee's CRA BOARD APPROVAL - recommendation and Jo OF ARTIST(S) Chamness, David Langley and AGREEMENT Tuesday, DeeDee Morrision were the artist August 14, 2012 - chosen to produce final INSTALLATION TARGET submission proposals by August DATES Monday, 9, 2012. The final submissions September 17 - Thursday, and artist agreements will September 27, 2012 - presented to the CRA Board at Target COMPLETION their October 9, 2012 meeting. November 2012 - CELEBRATION Date TBD Marina Phase 1B-Dive The building is still occupied by TBD Shop Public Open Sea Mist Marina, Inc. until the Space Project end of October 2012 when they complete their new operations building currently underway. CRA staff is preparing to install sevral decorative palms on the property to provide some temporary landscape enhancements until such time as the Marina Open Space project begins. Page 1 of 5 Marina Signage CRA staff has conducted several JMarch 1 2013_w ._ Project at BB Blvd & meetings with the design team at Federal Hwy Kimley Horn & Assoc to revise various aspects of the project scope in an attempt to gain cost savings through value engineering methods The revised design plans will be required to be resubmitted for City approval Marina Phase 2- VHB- Miller Sellen (project design Design professionals January 2014 Harbor Master, Fuel firm) has completed 90% site continue to revise Dock & Public and petroleum design plans and construction plans Restrooms Building continues to move forward Harbor Master building Project toward completion Architects design documents 90% have reached the 95% design complete and moving stage and will submit for permit toward interior finishes when the site documents are selection Site completed Several outstanding improvement design permitting issues which involve phase also moving FED & the Army CORE are forward Design plans being resolved should be submitted to the I City for permit review in imid- November 2012. Development of 21 S/F 1 Three houses under !Ongoing Homes at Ocean construction 2 Seven lots Breeze West transferred to Habitat with 3 being assigned to the CDC i Boynton Beach Blvd. 1 Proceeding with preliminary Jan 2013 Redesign design for FDOT Economic 1 Revised DIFA Program Development 2 Met with Chrissy Benoit re production kitchen 3 Meet w /Winn -Dixie Executives; 4 Meeting re store on MLK 5 Meeting with Stage Left group Page 2 of 5 Marketing and PR 1. Promoting a. Oct. 7 Sunday in 1 a. Drafted Media 1. a. Distributed Projects the Park concert series b. Oct. Advisory and daily posts Media Advisory on 27 & 28 Haunted Pirates Fest 2. on Fbook and Twiiter b. Oct. 1st - social Finalized Marketing Department Orderd two (2) 15' x 20' media updates Budget 4. Coordinating research banners to be displayed ongoing until Oct. project to provide updates on all on Bank of America and 6th b. Ongoing the CRA Plans approved since Ciyt Hall buildings, promotional efforts 1983. 5. Coordinated virtual tour updated CRA website and through Oct. 27. 4. photo shoot of Boynton Harbor links, editing online banner Submit HOB Plan Marina for CVB website. ads, radio spot copy and summary by Oct. email blasts, drafting 31.5. Virtual Tour press release 4. Created video uploaded to Excel spreadsheet for CVB website Oct. HOB Plan 5. Photo Shoot 31. took place Sept. 28. Small Business FY11 -12 will closed out 9/30/12. A total of 33 Grants Ongoing Grants Finalized procedures for FY approved by the CRA 2012 -2013 grant applications. Board FY 2011 -2012 New grant funding for FY12 -13 will be available on 0/1/12 @ www.boyntonbeachcra com /busi nesses/ in the amount of $185,000 Redevelopment of Old Ongoing High School Boynton Beach The Farmers Market is open September - we really Ongoing Community Farmers every Saturday from 9 a.m. - 2 have great vendors that Market p.m. and is located on the SE are hanging in through this corner of Boynton Beach Blvd rainy season can't wait and Federal Hwy. We pay for for nicer weather and port -o -lets and to have the lot season to hit! maintained. July - We have had some problems with ants and other insects so we now have the grass in the lot sprayed every other month. Sunday in the Park The stage is set for the new concert series... Sunday in the Park. This event will take place on in the park on the NE corner of E. Ocean Ave. and NE 4th street. October 7th brings you Cannon and Cohen with their Acoustical Blues from 12:OOpm to 3:OOpm. November 4th we present Paul Bee who has mastered 10 musical instrments and plays and sings a wide assortment of music. Page 3 of 5 Haunted Pirate Fest Sets are being built, confirming I — 1 10/28/2012 October 27 & 28, 2012 entertainment acts and vendors, hired Mass Media for aggressive j PR campaign to generate attendance Confirmed entertainment groups.Pirate Re- , enactments, Street Performers, Acrobats, Comedy. Children's shows, Children's Treasure Hunt., Jack Sparrow, Live Music ' Sword Fights, Magic show, Mermaid Tank, Whip Show, Fairies, Pirate Stunt Show, Jugglers, Pirate Bounce -n -Slide and a Rock Climbing Wail Schoolhouse Children's Museum) will sponsor a Haunted House there will be a $5 00 fee ' Food and drink vendors are all set Holiday Extravaganza - Planning is underway for this 112/1/2012 Parade - Tree Lighting exciting event FDOT road - Concert December clousure permit is being applied 1, 2012 for First departmental assist is scheduled for October 17 Holiday Boat Parade The Delray Beach DDA is I 112/7/2012 and Toys for Tots Toy working with us this year to Drive December 7, collect Toys for Tots and get 2012 prizes and sponsor Awards Luncheon Coast Guard Permit applied for Merchant Card Contract negotiations concluded Merchant agreement Completed Processing Services and CRA attorneys suggestions signed and transition 9/15/2012 accepted by BB &T ! implementation to be initiated Budget FY 2012 -2013 CRA Board approved 9/11/12 City Commission 10/9/2012 City Commission Ratified 'increased millage rate to 9/18/12 I7 6 on September 18, 12012 CRA will amend ; budget via resolution on 10/9/12 Audit FY 2011 -2012 First week of audit work August Second week of audit 1/1/2013 20 -24, 2012 completed !work Oct 29 -Nov 2, 2012 I i Page 4 of 5 Bond Refunding On 9/11/12 CRA Board City Commission Transaction to approved Rate Lock Agreement approved CRA bond close 10/18/12 with PNC Bank and Escrow refunding and City Structuring Letter with PFM Guaranty of debt on 10/2/12. CRA Board will approve resolution authorizing Series 2012 bond issuance on 10/9/12 Business 1. Develop relationship with 1. Visited business Development business owners in district 2. owners; handed out Assist with merchant events and special event flyers to post marketing. 3. Marketing the 2. Assisting CBA 3. economic development Created Economic programs 4. Update Development brochure. 4. Commercial database 5. Continuously updating Increase social media presence commercial property in conjuntion with downtown database. 5. Working on businesses. facebook ads to include businesses and events; increased facebook posts, sharing posts from other pages and developing conversation /interest. Page 5 of 5 Heart of Boynton Redevelopment Strategies 2001 - 2012 City and CRA Funds Sperm and/or Approved Activity to Date Status i Purchase of Boynton Purchased land. 32 S/F Homes planned for West 1 Terrace $ 7,500,000 Side NE 4th/5th Avenue 1 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 i Residential Improvement l 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished I 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 Tots developed into affordable single - 8 Housing Inn $ 976,310 family homes MLK Corridor Property 9 Assemblage $ 4,033,116 Jassembled 3.8 acres l 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 d 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 C:1Documents and Setdngslutterbackt\Local Settings1Temporary Internet Files1OLKD1IHOB investment 2001 - YTD BOYNTON 9i B EAC H CRA BOARD MEETING OF: October 9, 2012 Consent Agenda I I Old Business I X New Business I I Legal 1 1 Executive Director's Report SUBJECT: Consideration of Request from Homebuyer Assistance Program (HAP) Grant Recipients Kelly Thomas & Teasha Thomas to accept Terms of Short Sale Negotiations SUMMARY: At their July 8, 2008, the CRA Board approved a Homebuyer Assistance Program (HAP) Grant in the amount of $50,000 to Teasha and Kelly Thomas for the purchase of the home located at 1763 NE 6 Street, in the Preserve. The Thomas' closed on their newly constructed home on January 30, 2009 and maintained the home as their primary residence since that date. On October 8, 2012, the CRA received an email and letter (see Attachment I) from Angelina Namia, Esq. notifying the Agency that Teasha and Kelly Thomas were in short negotiations with Bank of America in attempt to prevent foreclosure. The letter also requests the CRA Board's consideration to accept five thousand dollars ($5,000) in full and complete satisfaction of the second mortgage through the HAP program waiving any and all deficiencies. At their December 13, 2011 meeting, the CRA Board approved and confirmed a policy to pursue collections of indebtedness to the CRA in matters of HAP recipient foreclosures (see Attachment II). While the request made by the Teasha and Kelly Thomas is not associated with a pending foreclosure proceeding, it is anticipated that the CRA's second mortgage amount will not be satisfied as the result of an "arms length transaction" or short sale due to the severe drop in the property's market value relative to the first and second mortgage amounts. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Heart of Boynton Plan RECOMMENDATIONS /OPTIONS: Provide staff direction. Mic ael Simon, Development Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Oct 2012 \HAP Thomas reqst for stort sale terms doc ATTACHMENT 1 Page 1 of 1 Simon, Michael From: Angelina Namia [angelinaesquire @namialaw.com] Sent: Monday, October 08, 2012 11.01 AM To: Simon, Michael Subject: Teasha & Kelly Thomas file Importance: High Attachments: Ltr.to City.of.Boynton re.SS.10.08 12.pdf Dear Mr. Simon, It was a pleasure speaking with you last week. Attached is the letter regarding the situation we briefly spoke about during that conversation. Please present it to your CRA Board during tomorrow's meeting, as time is of the essence. I apologize for the late notice, but we have had a lot of hurdles to overcome with this file. Should you have any questions or require additional information, please contact me directly, thank you. Very truly yours, Angelina Angelina Namia, Esquire Law Offices of Angelina Namia, PLLC 123 N Congress Avenue, #398 Boynton Beach, FL 33426 -4209 954 -328 -2772 Angelinaesouire@namialaw.com www.namialaw.com This e -mail message and any attachments are intended solely for the use of the addressee and may contain information that is confidential and /or privileged. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. If you have received this message in error, please promptly delete this message from your system. Thank you. 10/9/2012 r it Law Offices of Angelina Namia, PLLC 123 N Congress Avenue, #398 Boynton Beach, FL 33426 -4209 954 - 328 -2772 Angelinaesquire @namialaw.com October 8, 2012 Vivian Brooks and Boynton Beach CRA Board 701 North Federal Highway Boynton Beach, FL 33435 RE: TEASHA & KELLY THOMAS PROPERTY ADDRESS: 1763 NE 6 Street, Boynton Beach, FL 33435 Dear Ms. Brooks and Board: This office has been retained by and through Alex Bendien, licensed Florida Realtor of Home Solutions Team, LLC, 1851 Via Granada, Boynton Beach, FL 33426, 561 -577 -5776, alexb @my- hst.com with full disclosure and authorization from the Clients, Teasha and Kelly Thomas regarding the aforementioned real property. Teasha and Kelly Thomas are in the process of a short sale for this property since they can no longer afford the mortgage payments. Please be aware that Bank of America is the first mortgagee and they have already verbally agreed and have proceeded with the short sale process thus far. We await their written approval any day now. Please allow this letter to serve as formal notice requesting the Board's consideration to accept Five Thousand Dollars ($5,000.00.00) in full and complete satisfaction of the second mortgage through the Boynton Beach Community Redevelopment Agency's Homebuyer's Assistance Program, waiving any and all deficiencies. Please be aware that no one will be paid should this short sale not be successful. Additionally, this property, as many others, will be lost through foreclosure, as that is the only option left for Teasha and Kelly Thomas. However, everyone will have a beneficial outcome should the short sale be completed to closing. We appreciate your Board's time and immediate consideration of this matter and look forward to a mutually beneficial resolution. Should you have any questions or require additional information, please contact me directly, thank you. Very truly yours, Law Offices of Angelina Namia, PLLC n amia Angelina Namia, Esquire /an A. Settlement Statement U.S. Department of Housing 1 r and Urban Development OMB Approval No 2502.0285 (expires 11/30/2009) B. Type of Loan 1 0 FHA 2.0 RHS 3. 1E1Conv. Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4.0 VA 5.0 Conv. lns. 420.5107 3045119 095-0976858 -734 C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the setaement agent are shown. Items marked '(p.o.c.)' were paid outside the closing: they are shown here for infonmaton purposes and are not included m the totals. D. Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender TEASHA THOMAS BOYNTON VILLAGE, L.L.C., A FLORIDA LIMITED SEASIDE NATIONAL BANK AND TRUST, ITS KELLY THOMAS LIABILITY COMPANY SUCCESSORS AND/OR ASSIGNS 1763 NE 6TH STREET 01210 1816 NE 5TH STREET #108 201 S ORANGE AVE, SUITE 200 BOYNTON BEACH, FLORIDA BOYNTON BEACH. FLORIDA ORLANDO. FL 32801 G Property Location 14 Settlement Agent 1763 NE 6TH STREET #1210 TRANS -STATE TITLE INSURANCE AGENCY, LLC BOYNTON BEACH. FLORIDA Place of Settlement I Settlement Date 18205 BISCAYNE BLVD , SUITE 2201 01/30/09 AVENTURA, FLORIDA 33160 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales price 211,000.00 401. Contract sales price 211,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (kne 1400) 9,369.89 403. 104. 1.75% DEVELOPERS FEE 4,19825 404 1 75% DEVELOPERS FEE 4.198,25 105. 405 Adjustments for kerns paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406 City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109 TWO MONTHS WORKING CAPITAL TO MASTER 476.94 409. 110 TWO MONTHS WORKING CAPITAL TO CONDO 20.88 410. 111 PRORATED MASTER ASSO 01/30. 02/28/09 253 85 411 112 PRORATED CONGO ASSOCIATION 01/30-02/28/09 11.12 412. 120. GROSS AMOUNT DUE FROM BORROWER 225,330.93 420. GROSS AMOUNT DUE TO SELLER 215,198.25 200 AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER 201. Deposit or earnest money 12,500 00 501. Excess Deposit (see instructions) 202. Principal amount of new loan(s) 163,81700 502. Settlement charges to seller (line 1400) 8,611.58 203. Existing k>an(s) taken subject to • 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 201.14519 CITY NATIONAL 205. 505. Payoff of second mortgage loan 206. 506. 2008 RE TAXES FEBRUARY AMOUNT 4,052.96 207 507. HOW WARRANTY TO HOME BUYERS WARRANTY CORP 316,50 208. HOMESTEAD EXEMPTION CREDIT 750 00 508 HOMESTEAD EXEMPTION CREDIT 750,00 209. CRA LOAN 50,000.00 509 Adjustments for Items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/own taxes to 211. County taxes 01/01 to 01/30 322 02 511 County taxes 01/01 to 01/30 322 02 212 Assessments to 512. Assessments to 213 513. 214 514, 215 515 216. 516 217 517 218 518. 219 519 220 TOTAL PAID BY / FOR BORROWER 227,389 02 520 TOTAL REDUCTION AMOUNT DUE SELLER 215,198.25 300 CASH AT SETTLEMENT FROM OR TO BORROWER 600 CASH AT SETTLEMENT TO OR FROM SELLER 301 Gross amount due from borrower (line 120) 225,330 93 601. Gross amount due to seller (line 420) 215,198.25 302. Less amounts paid by/for borrower (line 220) 227,389 02 602. Less reduction amount due to seller (kne 520) 215,198.25 303. CASH TO BORROWER 2,058.09 603. CASH TO SELLER IN THE EVENT THE TAXES DIFFER WHEN THE TAX BILL FOR THE CURRENT YEAR IS RECEIVED, THE PARTIES AGREE TO RE- PRORATE SAME BETWEEN THEMSELVES, THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE ('IRS') IF YOU ARE REQUIRED TO FILE A RETURN A NEGLIGENCE PENALTY OR OTHER SANCTION MAY BE IMPOSED ON YOU IF THIS INCOME IS TAXABLE ANO THE IRS DETERMINES THAT IT HAS NOT SEEN REPORTED. 01-29-2009 at 9 12 AM form HUD -1 (3/861 ref Handbook 4305 2 u.b. ucrMn I men' 1 ur nUUbinua AMU unciuv UCVCLUrnlcn1 be 11t.cmcnI bIA1 cmcr. f »lacL L. SETTLEMENT CHARGES: File Number 420 -510T PND FROM PAID FROM 700 TOTAL SALES/BROKER'S COMMISSIL oased on price S 211,000 00 0 3.00 = 6,330 00 BORROWER'S SELLERS FUNDS AT FUNDS AT Division of commission (line 700) as follows. SETTLEMENT SETTLEMENT 701 $ 6,330.00 to RESOLUTIONS REALTY 702 $ to 703. Commission paid at Settlement 6.330.00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801 Loan Origination Fee 802 Loan Discount 803 Appraisal Fee to RE ANALYSTS 350 00 804. Credit Report to SEASIDE NATIONAL BANK AND TRUST, ITS SUCCE 25 00 805 Lender's Inspection Fee to 806 Mtg Ins Application Fee to 807. Assumption Fee to 1 808. TAX SERVICE FEE TBW 73 OOL 809. ADMINISTRATION FEE SEASIDE BANK 325.00 810 WIRE/MERS FEE SEASIDE NATIONAL BANK AND TRUST. ITS SUCCE 22.50 811 812 PROCESSING FEE SEASIDE NATIONAL BANK AND TRUST, ITS SUCCE 395 00 813. DOC PREP FEE SEASIDE NATIONAL BANK AND TRUST, ITS SUCCE 250 00 814 FINAL INSPECTION SEASIDE NATIONAL BANK AND TRUST, ITS SUCCE 75 00 815 2ND APPRAISAL RE SOLUTIONS 350 00B POC 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901 Interest from 01/30/09 to 02/01/09 06 26.37 /day 2 day(s) 52 74 902 Mortgage Insurance Premium 1 to SEASIDE NATIONAL BANK AND TRUST. ITS SUCCE 2,81750 903 Hazard Insurance Premium yrs. to 904 905 1000 RESERVES DEPOSITED WITH LENDER FOR 1001 Hazard Insurance mo ® / mo 1002 Mortgage Insurance 0 mo 05 66 70 / mo 1003 City property taxes mo. 05 / mo 1004 County property taxes 5 mo. 05 330 93 / mo 1,654 65 1005 Annual Assessments mo. 0$ / mo 1006 mo 05 / mo. l 1007 mo. 0$ / mo 1008 Aggregate Credit for Hazard/Flood Ins, City /County Prop Taxes, Mortgage Ins & Annual Assessments -0.08 1100 TITLE CHARGES 1101 Settlement or closing fee to TRANS -STATE TITLE INSURANCE AGENCY 695 00 1102. Abstract or title search to DATATRACE/TST 275 00 1103. Title examination to 1104 Title insurance binder to 1105. Document preparation to 1106 Notary fees to 1107 Attomey's tees to (includes above Item No ) 1108 Title insurance to TRANS -STATE TITLE INSURANCE AGENCY 250.00 78608 (includes above item No. 1109 Lender's coverage 189,990.00 - -- 250 00 mci 25 00 Risk Prem 1110 Owner's coverage 239.990.00 - -78608 Incl 1275 00 Risk Prem 1111 FL FORM 9 ENDORSEMENT FIRST AMERICAN TITLE INS CO/TST 152.50 1112 ENDORSEMENTS FIRST AMERICAN TITLE INS CO/TST 105.00 1113 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 Recording fees Deed $ 27 60 . Mortgage $ 257 10 . Releases $ 18 50 284 70 18 50 1202 City /county /stamps Deed $ ; Mortgage S 1203 State tax/stamps Deed S 1.477.00 , Mortgage $ 573 65 573 65 1,477.00 1204 Intangible Tax Deed $ , Mortgage $ 327 63 327 63 1205 NON -ID AFF 27 60 1300 ADDITIONAL SETTLEMENT CHARGES 1301 Survey to 1302 Pest inspection to 1303 LOAN CLOSING FEE Trans -State Title Insurance Agency 350 00 1304 RECORDING/ D STAMPS/INT CRA LO 361.50 1305 ENDRSRSKRPM 1306. 1307 1308. 1400. TOTAL SETTLEMENT CHARG (enter on lines 103 and 502, ns and K) 9,369.89 8,611 58 ha urly revleylfd Me . 1 Seal - t and t0 the best or my edge and belief. n a e ant aaLrste Stet ^ e medTV( all r /( r edeS a disbursements made • account a' by n e Fans es?, 11 n - - y t. a I recemed a - of the D-1 Settlement - `.L m �,/ C �t i T G THOMAS BO I. AG E. 1. LC A FLORIDA LIMITED LIABIL - ANY v KELLY THOMAS The HUD 1 Seafemera.$taemenl which 1 have pre W red rs a true and accurate account a this transact. 1 p II a Me funds bE d in da h des statemem llllfl JJJ 7 J 0100109 TRAM T E 1 EAGENCY. LLC / WARNING It s a crone to know11ngly make lase statements t0 Me United Sales on ibis or any other sm,lar form \enahbee upon condom can elude 01100 w Impasonl For details see Title 18 U S Code Sector 1001 and Seam 1010 01 -29 -2009 at 9 12 AM form HUD -1 (3/86) ref Handbook 4305 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program PROMISSORY NOTE $ 50, 000.00 Boynton Beach, Florida. January 30 2009 Teasha Thomas & FOR VALUE RECEIVED, Kelly Thomas (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, designate in writing, the principal sum of FIFTY THOUSAND AND 00 /100 DOLLARS ($50,000.00 ) together with interest in like lawful money from the date funds are advanced under this Promissory Note at the applicable annual rate set forth below, to be computed on the basis of the actual number of days elapsed and a year of 360 days, 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 as follows: 1. This is a deferred payment loan issued under the guidelines of the Homebuyer Assistance Program Agreement (the "Agreement ") executed by Borrower simultaneously hereto to purchase a real property located at 1763 NE 6th St, #1210 (the 'Property"). Boyton Beach, F1 33435 2. Borrower shall occupy the Property as his/her principal residence and, 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 together with interest at four percent (4 %) per annum calculated from the time of purchase of the Property. 3. Upon the sale of the Property, within the first five (5) years of ownership, Borrower shall pay eighty percent (80 %) of the equity in the property (as determined by a fair market value appraisal) to Lender. During years six (6) through twenty (20) of ownership, Borrower shall pay fifty percent (50 %) of the equity in the Property to Lender. During years twenty -one (21) through thirty (30), Borrower shall pay fifteen percent (15 %) of the equity in the Property to Lender. 4. 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. 5. Borrower elects to refinance the Property, Borrower shall repay the entire principal balance in full to Lender, together with interest at four (4%) per annum Page 1 of 3 calculated from the time of purchase of the Property. 6. 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. 7. 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 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 if any payment of principal or interest or any installment thereof, is not made within five (5) days of the due date as above provided; or 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. Provided the Lender has not exercised its right to accelerate this Note as hereinabove provided, in the event any required payment on this Note is not received by Lender within five (5) days after said payment is due, Borrower shall pay Lender a ]ate charge of five percent (5 %) of the payment not so received, the parties agreeing that said charge is a fair and reasonable charge for the late payment and shall not be deemed a penalty 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 Page 2 of 3 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 Florida and the United States of America and venue shall be in Palm Beach County, Florida. BORROWER: Name: KELLY10MAS I AD TEASHA THOMAS HA2OO7 \OOAB\Real Estate\3 BBCRA\Promissory Note - HAP template doe Page 3 of 3 Page 1 of 2 Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, the Boynton Beach Community Redevelopment Agency (Grantor) hereby grants financial assistance in the amount of $50.000.00 pursuant to its Homebuyer Assistance Program (Program) toTeasha Thomas & Kelly Thomas (Grantee /s) to purchase real property described as: Insert Legal Description (Property) In exchange for the funding the Grantee /s understand and agree to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee /s state that all information submitted to the Grantor in order for the Grantor to determine eligibility for the program is true and correct. 2. Grantee /s hereby state that the purchase price of the Property does not exceed $280,000. 3. Grantee /s hereby state that the amount of Program funding is not more than 50% of the cost of the Property. 4. Grantee /s hereby state that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee /s state that they understand that the grant amount will be secured by a second or third mortgage on the Property. a. The mortgage interest rate shall be 0% unless any of the following occur: i. The property is no longer occupied by the Grantee as their full time residence; ii. The grantee secures a line of credit, equity loan, etc. secured by the Property without the written consent of Grantor. iii. The property is leased. b. In the event that the Grantee /s sells the property to a non - income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County), leases the property, refinances the property or Page 2 of 2 does not reside in the property as their full -time residence, the full sum of the Grant plus interest of 4% annum from the date of this agreement shall be due and payable. 6. Grantee /s state that they understand that upon the sale of the property within the first five (5) years of ownership, the Grantee/s must pay eighty percent (80 %) of the equity (determined by a fair market appraisal) to the Grantor. During years six (6) through twenty (20), fifty percent (50 %) of the equity shall be payable to the CRA. During years twenty -one (21) through thirty (30), fifteen percent (15 %) of the equity is payable to the CRA. The Grantor's share of equity is due at closing. • 7. The Grantor reserves the right of first refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The Grantor shall have 45 days from the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 8. Grantee acknowledges that it has received a Loan Assistance Note and Mortgage of even date with this Agreement and is familiar with, understands and accepts the terns and conditions contained therein as well as the terms and conditions contained in this Agreement. For Grantor: For Grantee /s: Boynton Beach Community Redevelopment Agency b-)c-:_ 61.7Th - • .0, .4y.04_ . GRA Executive Direckt - Si: nature Lisa A Bright k Date: I. \ Print Name TEASHA THOMAS Date: 13 0 A- 9 L Signature j Print Nam KELLY THOMAS Date: t) ) IDC7 ATTACHMENT 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 After brief discussion, Mr. Aikens agreed to defer discussion of the item to later in the meeting so he and Ms. Biscuiti could review the budget. Ms. Brooks clarified all the elements the Heritage Fest wanted, less the stage and private dinner, were included in the budget. Motion Vice Chair Orlove moved to table the item and bring it back when staff had worked with the HOB members. Mr. Hay seconded the motion that passed 6 -1 (Mr. Holzman dissenting.) Mr. Buchanan had requested Heritage Fest 2013 be placed on the agenda as Item B. The discussion would be heard under XII. New Business, Item E. XII. New Business: A. Review Policy Regarding Mortgage Foreclosures, CRA Liens, and Collection of CRA Loans Chair Rodriguez left the dais at 7:56 p.m. Attorney Cherof stated this item arose from a lawsuit that was filed, drawing the CRA into a mortgage foreclosure, when the CRA held the second position due to a $50,000 second mortgage. The Board had already established a policy, when the CRA was in second or third position, they would pursue collection of the indebtedness of the obligation and would pursue a personal judgment from the individual who borrowed the monies from the CRA. Whether it was paid or not was unknown, but it was an incentive for individuals to understand that when receiving funds from the Community Redevelopment Agency, it was an obligation until it was paid in full. He requested confirmation that policy stilt stood. Motion Mr. Karageorge moved to stick with the policies in place and do as Counsel directed. Mr. Hay seconded the motion. Amended Motion Mr. Karageorge amended his motion that the recommendation was to confirm the previous policy to pursue collection of indebtedness to the CRA. Mr. Hay agreed to the amendment. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 Attorney Cherof anticipated these types of cases would arise every six or seven months. Chair Rodriguez returned to the dais at 7:58 p.m. There were no public comments received on this item. Y The motion unanimously passed. B. Consideration of Proposal from Kimsey -Horn for Design and Construction Administration of Marina Entry Area at Boynton Beach Blvd. and Federal Highway This Item was the first step in the design of the marina entry features at Boynton Beach Boulevard and Federal Highway. It was a budgeted line item in this year's budget and it included costs for construction administration. It was anticipated the project would be designed and constructed by the end of the fiscal year. Mike Simon, Development Director, stated all of the projects the Board approved were in this year's budget. The dive shop, park, marina entrance, and secondary entrance feature would be completed at the end of the fiscal year. Chair Rodriguez expressed it was a lot of money to design a sign and landscape. Mr. Simon explained the rule of thumb was the costs were between 15% and 18% of the construction costs and he listed the items involved. The CRA spent $1.5 million to extend Boynton Beach Boulevard through to the marina which had dead ended at Federal Highway. They needed to draw individuals to the marina from both directions and create a sense of arrival. Staff wanted to be smart with the investment and have signage to draw attention to the corner at the light. There was brief discussion the road into the marina was narrow; however, staff thought the signage would alleviate traffic issues. Motion Mr. Hay moved to approve. The motion was duly seconded and unanimously passed. 13 A .... i BOYN =BEACH CRA BOARD MEETING OF: December 13, 2011 Consent Agenda t 1 Old Business PC I New Business I 1 Legal E I Executive Director's Report I SUBJECT: Review policy regarding mortgage foreclosures, CRA liens, and collection of CRA loans. SUMMARY: In 2007, Martha Guerich was the recipient of a $50,000.00 Homebuyers Assistance Program loan from the CRA. (See minutes of CRA Board approval). Ms. Guerich executed a promissory note secured by a Mortgage Deed in favor of the CRA. The CRA loan was subordinate to a primary loan from Liberty Home Lending, Inc. Witb the borrowed funds, Guerich purchased Unit 12 in the Preserve at Boynton Beach. In September, 2010, Ms. Guerich defaulted on her mortgage with the current mortgage holder, Fannie Mae. Ms. Guerich has failed to make payments on her mortgage since that date. Guerich owes $185,171.86 to Federal National Mortgage Association. The Palm Beach County Property Appraiser lists the current total market value of the property at $70, 000.00 (See attached PAPA report). On November 4, 2011, the Boynton Beach CRA was served with a foreclosure complaint by Fannie Mae against Martha Guerich. The CRA is named as a party defendant to the action based on CRA's $50,000 2" mortgage. This specific case is representative of other foreclosure cases. The CRA has two options in this type of case: Option One - file only an answer to the foreclosure action. If the Plaintiff is successful and the property is sold in a foreclosure sale, the CRA would be entitled to surplus funds exist after Fannie Mac's mortgage is satisfied. If the CRA files only an answer, the CRA's mortgage will be foreclosed (wiped out) by this action. Guerich's obligation on the note will survive, but is likely uncollectable. Option Two in addition to fling an answer, file a cross -claim and sue Guerich for defaulting on the Promissory Note. A cross -claim would enable the CRA to obtain a judgment against Ms. Guerich. This judgment would attach to any other real and personal property owned by Ms. Guerich now and in the future. A Judgment of this type is enforceable for 10 years The Palm Beach County Clerk's filing fee to file a Cross Claim is $395.00 Legal fees will be slightly higher if a Cross Claim is filed. FISCAL IMPACT: Estimated legal fees - answer only $525.00 Filing fee for answer None Estimated legal fees - answer and cross claim $600.00 Filing fee for cross claim $395.00 Service of Process $60.00 Summons $10.00 C:1Documents and Settingstutterback \Local Settings \Temporary Internet Files1OLKD11Cover SheetTemplate.doc B O Y N T ON =BEACH CRA PLAN, PROGRAM OR PROJECT: Enforcement of HAP loan terms and conditions. RECOMMENDATIONS /OPTIONS: Our office recommends that the CRA file an answer and cross -claim in response to these types of foreclosure actions. A defaulting mortgagee should be held accountable for the note and mortgage that they executed with the CRA. In the future, the mortgagee may acquire additional property against which the CRA may be able to enforce their judgment. If the CRA chooses not to file a cross- claim, they are waiving their future collection possibilities. Additionally, waiver in one case (although not a binding precedent) could be interpreted the wrong way buy others who are indebted to the CRA. (See schedule of attached) Requested action by Board: confirm previous policy to pursue collection of indebtedness to CRA. Jim Cherof C:1Documents and Settingslutterbackt1Local Settings&Temporary Internet FIIes1OLKD1 Cover Sheet Template.doc