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Agenda 03-13-13 w 4 BOYNN icR �...r BEAC TO H REVISED CRA Board Meeting Wednesday, March 13, 2013 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 L v B. Adoption of Agenda ,/ VI. Informational Items and Disclosures by Board Members and CRA Staff: v A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: I/ r / A. Ocean Ave. Concert — March 15, 2013 v / B. Movies on the Ave. — April 5, 2013 L / C. Sunday in the Park — April 7, 2013 VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, February 12, 2013 B. Approval of Period Ended February 28, 2013 Financial Report di C. Monthly Purchase Orders L7 IX. Pulled Consent Agenda Items: t. X. Information Only: A. Public Comment Log U B. Media Outreach and Editorial Coverage l..- t,j, C. Recap: Merchant Seminar D. Pallesen, Tim. "Stability missing ingredient in improving downtown." The Coastal Star (March, 2013): 1, 33. E. "Palm Beach SFBJ Ultimate CEO Awards 2013." South Florida Business Journal (March 1- `/ 7, 2013) /XI. Public Comments: (Note: comments are limited to 3 minutes in duration) iJ X II. Public Hearing: XIII. Old Business: /A. Consideration of Adoption of Special Events Grant and Aid Program and Application f/ Process V B. Consideration of Funding of Special Events Grant Program Up to $5,000 for Remainder of FY 12/13 1 ✓ C. Consideration of Additional Amendments to Executive Director's Contract XIV. New Business: / A. Consideration of Creating an Audit Committee for the Purpose of Selecting an Independent Auditor /B. Consideration of Performance Audit and DIFA Payment Release to PRH Boynton Beach, LLC for the Property known as Casa Costa, formerly the Promenade / C. Consideration of Removing Omar Smith from HAP Mortgage Deed per Dissolution of �/ Marriage Mediation Agreement XV. Executive Director's Report J A. Project Status Update J XVI. Future Agenda Items /XVII. Adjournment / NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF 'I HE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F S 286 0105) THE CRA SHAL L FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY PLEASE CONTACT THE CRA AT (561) 737 - 3256 AT LEAST TWENTY-FOUR HOIJRS PRIOR CO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST BOYNTON, RA =BEACH CRA BOARD MEETING OF: March 13, 2013 Consent Agenda 1 Old Business i New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Ocean Avenue Concerts, Friday, March 15, 2013. SUMMARY: • On Friday, March 15, 2013, the Boynton Beach CRA presents the Ocean Avenue Concert Series featuring Celtic Mayhem ...come out and celebrate St. Patty's Day with us ! • This FREE event will take place at the Ocean Avenue Amphitheatre from 7:00 to 9:OOPM. • Food and Beverages provided by the Little House and the Youth Leadership Program. • Bring your folding chairs or blankets. • Ample FREE parking onsite. • No pets or outside food and drinks please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02- 58500 -480. RECOMMENDATIONS /OPTIONS: /' ,.1 ' Kathy Biscuit' Special Events Director Catch a Concert ••• BRING the ENTIRE ',.., FAMILY ,\ octnn fivtriut . -„ • l k ' 114 CONCERT SERIES FRIDAY MARCH 15, 2013 7:00 - 9:00 P.M. 14 4 FRIDAY APRIL 19, 2013 7:00 - 900 P.M. iiP lot , vv, POWAY MAY 17, 2013 700 - 900 P.M. , IP ean Avenue Amohitheaut. JOIN Our mailing list to receive . -„ 9 E. Ocean Avenue, 4 Boynton Belch, FL ,., ,,,t,.,, information about ail our events. On East Ocean Ave., between Seacrest Blvd. and N.E. ist Si Ample free parking available on site. Bring your folding chaill or blankets! No pets please. Food and beverages are available for purchase, provided by can this OR code 7 4 • The Little House learn more about ,_, ' • a "K c • Youth Leadership Program CRA Events I—I Find this location on MAPQUEST Rfteeze iktio poi BOYNTOND A The Palm Beach Post Iffig BOYNTO cA =BEACH! CRA BOARD MEETING OF: March 13, 2013 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Movies on the Ave. Friday, April 5, 2013. SUMMARY: • On Friday, April 5, 2013, the Boynton Beach CRA presents the Movies on the Ave. film: ARGO rated R for language. This Academy Award winning "Best Picture" stars Ben Affleck, Bryan Cranston and Alan Arkin. • This FREE event will take place at the Ocean Avenue Amphitheatre from 8:00 to 10:00PM...(please note time change due to Daylight Savings Time). • Food and Beverages provided by the Little House and the Youth Leadership Program. • Bring your folding chairs or blankets. • Ample FREE parking onsite. • No pets please. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02 -58500 -480. RECOMMENDATIONS /OPTIONS: , / 6,5 - - Kathy Biscuiti Special Events • irector Catch a Flick ••• ,,..,,..,., •• 41.1 "MI 11 4 4 . 4ti ' r—al M 0 VII i 011 T4 41)(1. F to0t4 4 (K) .11 P ' , SERIES ' 4 REIN ' TO P - FRIDAY APRIL 5, 2013 8:00 P.M. xr ARGO (R) Academy Award-winning film — Ben Affleck, Bryan Cranston, Alan Arkin and John Goodman FRIDAY MAY 3 8:00 P.M. . .... Or Information call: 5 , a742,6246 or visit CatchBoynton.com ,-, Ocean Avenue Amphitheatre J • our mailing , 129 E Ocean Avenue Boynton Beach, FL 3343 information about all our events. On East Ocean Ave., between Seacrest Blvd. and N.E. 1st, St Ample free parking available on site. Bring your folding chairs or blankets! No pets please. CI Food and beverages are available for purchase, provided by: Scan this OR code 3 1 . The Little House learn more about s • Youth Leadership Program CRA Event 0 Find this location on MAPQUEST Rireeze iiitt Royfftomil A lanVkiTrItsai ell`r1 A [I_ 1"iii, 1$4 ,Rt, h 0 WI BOYNTON = RA BEACH CRA BOARD MEETING OF: March 13, 2013 1 Consent Agenda 1 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Sunday in the Park, April 7, 2013 SUMMARY: • On Sunday, April 7, 2013, the Boynton Beach CRA presents the Sunday in the Park Series featuring Ron Bivona performing the music of "01' Blue Eyes" Frank Sinatra. • This FREE musical event will take place at Ocean Avenue Park on the NE corner of E. Ocean Avenue and NE 4 Street. • Have Brunch or Lunch at Hurricane Alley or The Little House 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: IP I K. : iscuiti Sp -cial Events Director �: C atch a Tune.. BRING the ENTIRE '` FAMILY unda „Yell trr f/ r . FREE EVENTS 4 SUNDAY APRIL 7, 2013 12:00 - 3:00 P.M. Ron Bivona Vii t07i 3i MUG! SUNDAY MAY 5, 2013 12:00 - 3:00 P.M. For Information call: 561.742.6246 or visit CatchBoynton.cm Vit'rg € 4tt i titOn Beach and enjoy lunch or JOIN our mailing list to receive Sunday Brunch at one of our popular eateries. information about all our events. Afterward, take a stroll to the Park and catch sonu live tunes! Ocean Avenue Park Bran th#5 OR coy 100 N.E. 4th Street, Boynton Beach, FL 33435 earn more aao . o NE corner of East Ocean Ave. & NE 4th St. CRAEvent 0 Find this location on MAPQUEST freeze imto 1?oqfoaI RfYNT - We g i A �� i_t�iES, I C S f. i i MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING, HELD ON TUESDAY, FEBRUARY 12, 2013, AT 6:30 PM IN COMMISSION CHAMBER 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair David Tolces, Board Counsel James "Buck" Buchanan Steven Holzman Mark Karageorge Wayne Segal Jerry Taylor I. Call to Order Chair Hay called the meeting to order at 6:30 p.m. 11. Invocation and Pledge to the Flag The invocation was given by Vice Chair McCray. Mr. Karageorge led the Pledge of Allegiance to the Flag. 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 None. B. Adoption of Agenda Motion Vice Chair McCray moved to approve the agenda. Mr. Taylor seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 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 Mr. Karageorge recognized David Tolces, Assistant City Attorney, who was present for the meeting. Mr. Karageorge noted this was Mr. Segal and Vice Chair McCray's last meeting on the Community Redevelopment Agency Board, and he praised them for their service. He thanked the Greater Boynton Beach Chamber of Commerce, its Director, staff, and the Ambassador Committee for naming him Ambassador of Year for 2012. He was humbled and honored to receive the award, and commented he was an Ambassador for seven years. He thanked Harry Meeks and the MLK Committee for holding the Walk at Heritage Park and the breakfast sponsored by Pathways to Prosperity. The program honored community leaders who furthered Dr. King's mission and those who helped improve the City. Although some honorees had passed, their families were present to see them recognized. He thanked Chair Hay and Vice Chair McCray; Messrs. Segal and Taylor; Executive Director Vivian Brooks; City Manager Lori LaVerriere; Assistant City Manager Carisse LeJeune; Police Chief Matt Immler and the color guard as well as Fire /Rescue and the citizens who came out for the event. Mr. Karageorge explained the Alliance was a group comprised of representatives from the City, Chamber of Commerce and the Community Redevelopment Agency that were all working to enhance the City. A Community Tapas and Talk event was held which had a great turnout. There was a high level of citizen involvement and the input was appreciated and encouraged. He encouraged the Alliance to continue these types of events and continue to work together. He expressed the event would not have been possible without the Chair, Mayor, and leadership of the City Manager and Executive Director. Lastly, Mr. Karageorge congratulated Debby Coles - Dobay, Public Art Administrator, on the International Kinetic Art and Symposium event. She was presented with flowers and praise at the conclusion of the Symposium. Her committee and City staff worked tirelessly to achieve the spectacular event. As a result, there was much talk about businesses looking at the City in the fields of engineering, environment and education. It was a great event that could not have occurred without funding from the Community Redevelopment Agency. Mr. Segal thanked Mr. Karageorge for his kind words and remarked it was a great honor to serve on the Board and it was a great experience. He also thanked the Community Redevelopment Agency staff as they made the transition very easy for him. He 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 commented he attended the same events as Mr. Karageorge and echoed the sentiments Mr. Taylor agreed with Mr. Karageorge's remarks as did Mr. Buchanan. Mr. Buchanan advised the Kinetic Art Exhibition and Symposium was fabulous and he thanked Ms. Coles - Dobay, and her committee's efforts. It was a unique event that symbolized art, engineering and green initiatives. Mr. Holzman had no comments. Vice Chair McCray was amazed at the Kinetic art event and praised Ms. Coles - Dobay. He thanked Mr. Karageorge for his kind words and thanked the Board, Ms. Brooks and the staff. They welcomed him and whenever he had questions, they were there to assist him. Chair Hay thanked Vice Chair McCray and Messrs. Segal and Taylor for their contributions and for stepping up to the plate. He appreciated all of them helping the City when assistance was needed. He also praised the Kinetic Art Symposium. He recognized and thanked artists Rein Triefeldt and Tom Brewitz, who were present in the audience, for their assistance. Several pieces of art were sold. Chair Hay enjoyed watching youth who were fascinated with the art. He gave kudos to all. It was noted the plan was to hold another symposium in two years. Chair Hay attended a presentation on the Tuskegee Airman at the Senior Center which was outstanding. He hoped to obtain that material as it was a very good presentation. He explained the Tuskegee Airmen were the first black military airmen to fight in the war. VII. Announcements & Awards: A. Ocean Ave. Concert — Friday, February 12, 2013 Kathy Biscuiti, Special Events Director, announced the New Horizon Band from Boynton Beach, would perform in honor of Black History Month on Friday from 7 p.m. to 9 p.m. It is a free event at the amphitheater. Attendees should bring chairs and blankets and a dance floor is available for those wanting to dance. The Little House will provide food and a youth leadership group would sell beverages. B. Movies on the Ave. — Friday, March 1, 2013 The Best Exotic Marigold Hotel would be shown on March 1st at the amphitheater. Moviegoers should bring blankets and chairs. The same food vendors would be available at the event. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 C. Sunday in the Park — March 3, 2013 March 3rd was the continuation of Sunday in the Park at the newly named Ocean Avenue Park located between Hurricane Alley and The Little House restaurants, Attendees should come to the Park with chairs and blankets. Spencer Allen Patrick, the winner of Open -Mic Night at the arts district would be present. He was very popular with the crowd and would perform between 12 and 3 p.m. Chair Hay reiterated staffs request not to bring dogs to events. He explained at the 5K Race to benefit the Barrier -Free Park, one individual brought her dog weighing about 4.5 lbs. The dog was not on a lease and walked under the foot of a walker. The dog was crushed and died. He emphasized at these types of events, there were NO DOGS ALLOWED. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, December 11, 2012 B. Approval of Minutes — CRA Board Meeting, January 8, 2013 C. Approval of Period Ended January 31, 2012 Financial Report D. Monthly Purchase Orders E. 2012 CRA Annual Audit Results This item was pulled by Mr. Taylor. F. Approval of Commercial Facade Grant to Benchmark Painting & Carpentry, Inc. G. Approval of Rent Reimbursement Grant to Benchmark Painting & Carpentry, Inc. IX. Pulled Consent Agenda Items: E. 2012 CRA Annual Audit Results Mr. Taylor pointed out this year marked four years in a row the Community Redevelopment Agency Board had an absolutely clean 100% audit and to have no findings was outstanding. Mr. Karageorge agreed and praised Susan Harris, Finance Director, and Vicki Hill, Finance Assistant, for their efforts. The accomplishment was exceptional. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 Motion Mr. Taylor moved to approve Item E. Mr. Holzman seconded the motion that unanimously passed. X. Information Only: A. Public Comment Log Vice Chair McCray thanked Mr. Simon, Ms. Brooks and staff for the log. He was pleased with it and noted it was the little things that count. B. Media Outreach and Editorial Coverage C. Merchant Workshop — Work Smarter Not Harder — 2/20/13 D. Update on Tapas & Talk, Community Outreach Series Part 11— 1/30/13 E. Update on the Community Farmers Market F. Annual Report on the Palm Beach County Housing Market G. Update on Directional Signage at the Marina H. Update on Loitering on CRA Property I. Reminder -March CRA Board Meeting -Wed., March 13, 2013 @ 6:30 pm J. Outcome of Boynton Beach COM FAM Tour Held on January 17, 2013 XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Sister Lorraine Ryan, 912 SE 4th Street, Woman's Circle, added to the kudos given to the Community Redevelopment Agency, especially the Director and staff regarding the Kinetic Art event and display and commented it was amazing. She noted the pavilion on the water near the Marina was not being used. Years ago, they had wonderful performances there and she did not understand why it was not being used at all. David Dennis, 1314 S. Seacrest Boulevard, of Boynton United and United to Bury the Violence, requested the CRA assist with the event. The group was planning a Hands around Boynton Rally for the recent victims of violence. He requested support with the event by using the amphitheater and sound system. A tent for youth arts and crafts could be donated later to the City to show hands around Boynton. If the event was large enough, they may need an additional stage and needed marketing and general event 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 support. The event will be a green and healthy event. Food vendors should provide healthy food. Materials would be recycled and in the event of rain, they may need the Civic Center as a back up. Ray Whitely, 753 Palmdale Drive, explained the Hands Around Boynton Beach Celebration will be held April 27 from 8 a.m. to 12 noon. He invited the CRA to partner with them as an equal partner or provide whatever services they could to ensure its success and make it an event other cities in Palm Beach County would envy. Mr. Whitely explained the organization's culture is the participants act as owners of the City. He would like to discuss a partnership, as Ms. Brooks has been supportive in the past. Rein Triefeldt, 1115 Hamilton Avenue, Trenton, New Jersey, on behalf of the artists thanked the City of Boynton Beach for doing a fabulous job in holding the Kinetic Art Symposium. He praised Ms. Coles -Dobay as a dynamo. If another event is held in two years, they would already have a good base and can build on the success achieved this year. Tom Brewitz, 2835 Sterling Avenue, North, Newport, Minnesota, was honored to be invited by Ms. Coles -Dobay to the event. He praised her and commented she, her team and the City did a terrific job. He thanked the Community Redevelopment Agency for their support. It was a wonderful event and a good way to build on its success in a few years. It was fantastic to see the turnout. There was great interest and it was great fun. The event generated positive attention for Boynton Beach. Sarah Younger, 619 SW 2nd Avenue, congratulated the Community Redevelopment Agency in placing their confidence in the Public Art Administrator. She thanked the sponsors. As the Agency worked on building the business district, she hoped they would see a return on their investment. These events attract people from all over and she hoped the analysis would reflect the businesses in the area benefited. Ms. Younger anticipated partnerships would be formed. She was the winner of the Boca Bearings People's Choice Award for her piece at the Civic Center and she looked forward to events unfolding and another symposium in two years. Victoria Castello, 406 S. Seacrest Boulevard, agreed the Kinetic Art event was wonderful and noted in the world of art, there may be competition. One area there is no competition was in fishing. She attended Tapas & Talk and brought up a Grand Slam that occurred from Geno's Charter Boat at the Marina. She read an article from the Sun - Sentinel and thought it should have been on the Community Redevelopment Agency's website. It was learned it was already posted. Keturah Joseph, Executive Director, Boynton Beach CDC, reported construction on the first three homes in the Ocean Breeze project commenced. There was some delay in the permitting, but the construction was vertical. She anticipated construction would be complete and closing would occur in April. Construction was on schedule. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 XII. Public Hearing None. XIII. Old Business: A. Consideration of Staff Recommendations Regarding Policy on Short Sales When a CRA Second Mortgage is Involved Mike Simon, Development Director, explained at the January 8th meeting, staff was directed to work with the Legal Department to develop policies regarding the above. In November and December, the Board had five requests to amend the Board's Grant Agreement to allow short sales. The Homeowners Assistance Program (HAP) agreement specified the terms of ownership, leasing, grant repayment and resale; but did not anticipate the downturn of the real estate market. With Legal's assistance, they developed HAP short sale policies and guidelines that would be used with the previously approved short sale document list. He noted the policies are consistent with the State Housing Initiatives Partnership (SHIP) and HOME programs. Often the CRA grants were matched with City and County programs and to be consistent, it modeled each other's policies. If the Board wanted a different percentage paid back, they could adjust it. In response to questions, Mr. Simon explained the existing approvals, with the exception of the individual amounts, conformed to the standards as outlined. Also, the restriction about the amount of time an applicant that was approved for assistance and then had a short sale could reapply for assistance, could be adjusted. Mr. Simon commented the Agency does not currently have a homeownership program. Motion Mr. Holzman moved to approve. Vice Chair McCray seconded the motion. There was brief discussion this would encompass any and all short sales for HAP recipients. Mr. Buchanan preferred to have an additional requirement that the Board had to like the reason or the basis of the request and the Board could have the right to refuse, based on what was said. The policy is any requests have to come back to the Board. As long as the circumstances were based on facts and there was no discriminatory basis to disqualify, the Board could deny the request. There is a checklist. Vote The motion unanimously passed. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 B. Unveiling of Catch Boynton Web App Heather English, Business Development Specialist, explained part of her plan to increase awareness of businesses in the district, was to include businesses on the website and give them a web presence. Catch Boynton is a web application that is on the CRA home website that visitors can go to find businesses by searching by keyword, like pizza, salon. Business owners can claim their business and update their information as needed, provide coupons, deals, or menus. She demonstrated how the application worked. Once the type of business is identified, a list of them would populate which a business owner could access. A window will appear asking if the owner wanted to Claim My Business. The owner would set up a quick account with a user ID and password, and then the owner could add all the information they wanted customers to have. The approval process was conducted by CRA staff. Once approved, the information goes live. Users can click, do a search, and receive email alerts. In the future, this would be tied to a mobile application so anyone with a smart cell phone can access the information. The program would be rolled out at a merchant workshop on the 20th. Email blasts will also be sent. As to following up with businesses who chose not to locate downtown or did not want to participate in this program with a phone call, there are almost 600 businesses. Staff contacts as many of them as they can. Ms. English makes phone calls to businesses on a regular basis and has face to face meetings. The feedback received from businesses about the service was great and so far, thirty businesses were already enrolled. C. Consideration of Responses to the Invitation to Bid for Boynton Beach Blvd. Marina Landscaping & Signage Project Mr. Simon explained on January 8, the Board approved release of an invitation to bid for the above referenced project. The deadline to respond was February 4th, and five responses were received. Two were from general contractors who could do all aspects of the project. Three were for separate and individual components: one for landscaping; one for signage; and one for electrical as follows • Green Construction Technologies - $119,299 (entire project cost excluding electrical) West Construction - $96,465 (entire project cost) > World Class Landscaping - $23,096.07 (landscape only) ➢ Baron Sign Manufacturing - $11 ,302.75 (signage only) > J.T. Bowles Electric - $10,450 (electric only) After reviewing the responses with Kimley Horn, the project designer, it was determined that the project could be handled by one project managing firm and not individually 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 managed by the CRA staff. Based on the budget and analysis, West Construction was inline with the budget. The budget the CRA approved for the project was $96,665. Some of the cost was for surveying. Once the Board made a recommendation, staff would follow up with a firm number for a contract which will come back to the Board. Mr. Simon believed he could negotiate the West Construction price. Motion Mr. Karageorge moved to approve West Construction, Inc. for the Boynton Harbor Marina Landscape and Signage project and to direct staff to begin contract negotiations so they can bring it back to the Board. Mr. Taylor seconded the motion. Mr. Buchanan inquired what other elements there were to the project aside from the aforementioned three components. Mr. Simon responded there was fencing, irrigation, demolition, electrical, plumbing, signage, and landscaping. The project was short bid with responses for the irrigation, fence construction and demolition components. Three bids for each component was needed to fulfill Procurement's requirements. Vote The motion unanimously passed. D. Consideration of the Agreement for the Purchase and Sale of Properties 118- 126 MLK Blvd. (Luchey) to the City Motion Mr. Holzman moved to approve. Vice Chair McCray seconded the motion. Mr. Karageorge thanked Attorney Tolces for his work on this item. Two of the properties were scheduled for demolition this week and would then be sodded. Vote The motion unanimously passed. E. Consideration of Amending Certain Terms of the Executive Directors Contract Ms. Brooks explained this request would allow a contract amendment. Under the International City /County Management Association guidelines, the standard term when submitting a resignation was 30 days. If approved, the request would change the 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 current contract language from 60 days to 30 days to conform to these standards. There were no other changes. Motion Mr. Taylor moved to approve. Mr. Karageorge seconded the motion that unanimously passed. XIV. New Business: A. Consideration of Request from the Community Caring Center for Sponsorship of the Annual Hunger Walk on Ocean Avenue Ms. Brooks explained the Community Caring Center (CCC) submitted a request for the walk on Ocean Avenue. This is an annual event to benefit the community. Sponsorships ranged from $250 to $2,500. She recommended next year the Board have a more formalized process for requests. Ms. Brooks was not against supporting events for non profit organizations, but suggested the requestors fill out an application, match the funds, be reimbursable with receipts, and the event show the benefits of the downtown. This process was used in other areas. The CRA could not fund every event, and she recommended the Agency leverage dollars. In this manner, the process would help with the budget because often requests come mid - stream within the budget year. It was also noted the CRA does not have a budgeted line item for these type of events, and funding would have to come from Project Contingency funds. Currently, there is $75K for Project Contingencies and $25K for General Contingencies. A suggestion was made that any annual events needing funds should be presented at the budget workshop. Mr. Karageorge commented he served on the Special Events Ad Hoc Committee and was told on two occasions there was no money for special events and the Board has to be fair and consistent. Other requests for sponsorship, such as one from Galaxy Elementary School were turned down as was Bury the Violence last year. Pathways to Prosperity requested funds and was turned down. The funds were not budgeted. Conversely, there are other event requestors that have come before the Board that were funded. Last year, the Heritage Festival received $7,900. They were supposed to match funds and did not. Additionally, some of the activities were not events on the Avenue. Mr. Buchanan felt if they could hold an event on Ocean Avenue and the donation was a reasonable amount of money, the Agency should support it, Mr. Taylor agreed each request should be thought out and considered and understood there was no budgeted line item to draw from. He commented no one should go to bed 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 hungry in Boynton Beach, and he wanted to support the event in an amount the Board could agree on. Discussion followed the Bury the Violence event was in the CRA District and it was important to be consistent and fair. Events would be funded from contingency before hurricane season arrived. Mr. Karageorge agreed in the future, the Agency should have a process. They should match funds; procedural information should be reviewed at the next meeting and a policy should be created. Non - profit organizations should be encouraged to have annual events and to provide their requests at the budget workshops so they could be funded. Vice Chair McCray and Chair Hay agreed that no one should go to bed hungry. He acknowledged Mr. Karageorge made valid points and the Agency has not been consistent. Many organizations have no other funding except for contributions from the CRA. He agreed to fund the request this time, but would watch to see what parties come before the Board and are turned down. Mr. Holzman noted some events were celebrations. This request was putting food in people's mouths and it was different. Bury the Violence was a worthy event and the Agency provided in -kind services. He inquired if they had other sponsorships and how much was raised. Sherry Johnson, 145 NE 4th Avenue, responded she has some sponsorship and was looking for more. Motion Mr. Holzman moved to support the event for $1,000. Mr. Taylor seconded the motion. Discussion followed the event was outside the scope of sponsorship because it was food for people and their welfare. The core of the idea for the CRA is for economic vitality and the event did not meet the criteria. Mr. Segal commented, going forward, a funding mechanism should be in place, which will help with budgeting and how an event fits into economic vitality. He wanted the event to be taken out of the realm of event sponsorship. Mr. Brooks placed the item on the agenda because the walk was on Ocean Avenue. If there was a 5K run on Ocean Avenue and runners came to the area, it was an event. She agreed the CRA does not hold social service events, but a charity event draws people to the downtown. Many citizens do not know the City has an amphitheater or an Art Walk, or the Marina. It is an opportunity to showcase what they are doing and it draws people to the area. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 Motion Vice Chair McCray moved to give the CCC $1,500 instead of $1,000 for the event. Mr Buchanan seconded the item for discussion, Mr. Buchanan commented the request did not tie expenses occurring on Ocean Avenue to infrastructure which he preferred to see. If Ms. Johnson could show her expenses, he would be amenable to the request. There was no budget attachment and there was agreement to add that as a requirement. Ms. Johnson explained she had to pay $200 for rental of the amphitheater, $50 for a banner permit, an event fee, tents, table rentals, paper, ink, design time and energy and staff. She explained those fees exceeded $1,000. Chair Hay agreed to support the event, but commented unless a budget was included in any future requests, he would not do so in the future. Vote The motion failed 2 to 5 (Chair Hay and Messrs. Taylor, Segal, Holzman, and Karageorge dissenting.) The following vote was for the original motion of $1,000. Vote The motion passed 6 -1, (Mr. Karageorge dissenting.) Motion Mr. Karageorge requested a formal motion on the Board's decision to require submission of a budget attachment with funding requests and so moved. Mr. Taylor seconded the motion that unanimously passed. B. Consideration of Request for Sponsorship of the Red Hot Blues Cruise Event to be Held on April 20, 2013. Ms. Brooks presented the request and explained Mr. Buchanan was planning the event which originated in discussion held by the Special Events Ad Hoc Committee. Mr. Buchanan explained this was a major event and the beta test for a two -day or semi three -day event because the CRA, on Friday night, will have an oldies band that goes along with the classic car show. The event has three components. The first was red hot referred to hot peppers. The event would be similar to the Garlic Festival and there should be vendors selling salsa- °I 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 type products and other items. Blues was for music. There will be bands playing blues and four clubs will perform. Cruise referred to a classic car show running from 11 am to 9 p.m. The event was planned to take place on Ocean Avenue and NE 1st Avenue. He explained the event has been met with great enthusiasm and provided a great opportunity to draw people to downtown Boynton with no strain on CRA staff and minimal financial impact. The event was scheduled to occur on April 20th and a budget was submitted. Blues bands, the car show and judges were lined up, and local car clubs were supporting it. Work was ongoing to provide food and other vendors. The request was for $5,000 which would cover infrastructure items. Mr. Buchanan commented the Chamber was putting alot of money and volunteers into the event and he only agreed to work on the event because of the CRA. The Pirate Fest takes place in the fall and this would be six months away from it. It would attract a lot of people, and the weather is good at this time of year. Mr. Holzman thought it was great event, but questioned the amount when looking at the prior requests. The Chamber was an in -kind sponsor and not a dollar sponsor. He thought $5,000 was too much, but would support it. Mr. Buchanan explained the Chamber, in addition to providing volunteers, was giving up a minimum of about $9,000 in revenue which should be counted as part of what was going into the event. It could be a big -time event and will be a beta test for the others Discussion followed about delaying the event until next year. This would provide time to sell sponsorships and raise funds so the CRA would not have to support the event. Mr. Karageorge also expressed concern. When he sat on the Special Events Ad Hoc Advisory Committee, the Committee was specifically told twice the City and CRA had no money to help the Committee with special events. He suggested the event be brought back next year, and it be held as an Alliance group signature event. The thought was the cost could be shared between the City, CRA, and the Chamber, as members could raise funds through sponsorships. He felt the event was rushed. Vice Chair McCray thought there was back peddling, and the event should be moved forward. If it did not work, they would not support it next year. Mr. Buchanan responded to comments about the Special Events Ad Hoc Committee being told there was no funding. It would have cost the CRA $30K to $40K to hold the event and he saw a way around it by adding a car show and holding the event downtown. The CRA could not have funded the entire amount this year, but could fund a piece of it. He thought the event should move forward and if successful, next year it should be expanded to a two -day event. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 Mr. Taylor was concerned the amount was high and other groups will be requesting funds. It would help if the requested amount could be lowered. Mr. Buchanan came up with that amount of money based on the necessary infrastructure costs of the amphitheater, eating tent, port -a- potties and other necessary items. Motion Mr. Holzman moved to support the event for $1,000. The motion died for lack of a second. Motion Mr. Taylor moved to support the event at $2,500. Mr. Karageorge seconded the motion for discussion. Mr. Karageorge commented when looking at financial sources, the City was providing in -kind sponsorship in the amount of $2,000. He suggested the CRA match that amount, and hopefully pick up some sponsors from the Chamber membership. Next year, if split into thirds, the event could do well. Motion Mr. Karageorge moved his comments as a substitute motion for $2,000. Mr. Taylor accepted the amendment. Mr. Segal expressed the same concerns as Mr. Karageorge and questioned whether it could be done by April 20. There was also no media sponsorship. Mr. Buchanan explained there promotion costs were included in the budget. Media sponsorships do not exist anymore and any sponsorship was tough to come by. The Chamber has three events coming up in the near future. He did not see a problem getting it done by April as much of it is in place. There is a good team working on it. He believed promoting the event 6 to 8 weeks prior to it would be the most effective time to do so. There are three different components to the event that attract individuals who are interested in any one of the three. The Children's Schoolhouse Museum is participating and would have activities for children. Activities for adults would also be available. When asked if the event could be held with $2,000 from the City and $2,000 from the Community Redevelopment Agency, Mr. Buchanan thought it could still be done. The marketing plan was not instituted yet. Social media would be used and many members have contacts. They would judiciously use funds for traditional media and radio station coverage 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 Vote A roll call vote was taken. The motion passed 4 to 3, (Messrs. Segal, Holzman and Karageorge dissenting) C. Consideration of Selling CRA Owned Land at 222 N. Federal to Kanner and Pinta lug a Ms. Brooks explained this was a new item. Thursday, she was contacted by Jim Knight, a broker for a law firm looking for sites to relocate. A 1031 exchange was a way to sell property and avoid capital gains tax. The firm has a 1031 exchange to name three properties by a certain date to meet the guidelines of the 1031 program and they were in a battle to purchase the Arts Garage property in downtown. Boynton Beach was one of the locations they were considering. Ms. Brooks clarified this item was only a consideration of whether or not to allow the property to be considered, and then they would come back to the Board with a proposal. The matter had to be brought before the public, publicly discussed and an appraisal was needed. The subject property was the former Relax Inn purchased in 2002. Currently, no tax revenues are generated as the property is vacant. If this site is selected, they would build 30K to 40K square feet of Class A office building space which does not exist in the City. She noted the Downtown Master plan called for the creation of 100K square feet of office space and the creation of jobs. Ms. Brooks explained the Board could not be assured the firm would relocate downtown, but she had to be prepared to have these types of companies want to come to Boynton Beach. Attorney Tolces explained it would be appropriate for the Board, under the Statute, to issue Request for Proposals on the property. Anyone interested in responding could then do so. The request had to be open for a 30 -day period. At that point, the Board could consider any proposals that were submitted. If approved, the Board could direct Legal staff to draft a contract for purchase and sale. The action tonight would position the Board to begin the process. Motion Mr. Taylor moved to direct the Board to submit a Request for Proposal on the subject property at 222 N. Federal Highway. Vice Chair McCray seconded the motion. There was brief discussion if signage would be problematic. Ms. Brooks did not believe so and agreed to return to the Board if there were any issues. Vote The motion passed unanimously 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 12, 2013 XV. Executive Director's Report A. Project Status Update There were no questions on the report. Ms. Brooks announced the Commercial Familiarization Tour led to incredible interest in Boynton Beach. She spoke with the broker at the Arches site who indicated he received many calls and some offers on the site. One tour participant would meet with Ms. Brooks to consider four sites. Mr. Heiser at Five -Star Property also showed his properties. She pointed out getting the word out about incentives was helping. Mr. Karageorge agreed the Tour was paying short and Tong -term dividends. He also noted lighted art would be completed on Ocean Avenue in March and would help develop the area. XVI. Future Agenda Items None. XVII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:24 p.m. 64)tiLLt. Catherine Cherry Recording Secretary 21313 16 BOYNTO N !icRA =BEACH CRA BOARD MEETING OF: March 13, 2013 X 1 Consent Agenda 1 1 Old Business 1 I 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 February 28, 2013. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve February financials. `. Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2012 - 2013 Board Meetings \March 2013 \Financial Report.doc I 1 1 1 1 1 a 010000 HI sf 01 M N IA CO CO m a Om m CO 10 U1 N 0 FI Cs, W N O Or-000 m I at 01 01 V' in m I11 m M 0 10 O 10 O O 1 W 0 O O Z .-1 M 0 0 0 .-1 I 0 0 O m N 01 10 I!1 V• 0 r N 1 0 N CO N 0 2 H 10 CO N I r 10 10 .-I r I!1 10 10 V O In 10 N 1.0 01 ov, I O N 10 CO O N r M V' o O r 0 CO V' O M r co O m N I 0 [q] 0 MI , NO r NO0r1HI co mIn0001010NO. -1 .0 �I M M W O) a U1 0 0 01 • • • • • • • • • • • • • • • .0 M r O N 10 m 0) O O r r HI O 10 m I 10 CO U .-1 CO M r 0 m CO U1 H-I CO H N HI N N O CO r1 U1 O r U1 I 0) 1D 01 d r r • 10 O 10 01 r0 N V 01 r ! 1 HIM O O 01 10 O H I O 10 .-I r 0 N I I11 01 M V' 01 M O M m 01 .- O U1 I Ill O 01 I N Z 10 M 10 01 .-I Hi 0 .-I 1f1 01 min N N 10 . CO 1. 0 0 I CO 10 0) N I HI .-4 Hi N ID .-I O M 01 .. � v I ... 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BOYNTO CRA =BEAC CRA BOARD MEETING OF: March 13, 2013 X I Consent Agenda 1 1 Old Business 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for February 2013. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. ,„,... Susan Harris Finance Director T: AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Hem Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013 \Purchases Less Than $25,000.doc Boynton Beach CRA Purchase Order Report Month: February 2013 I _ Vendor _ Amount Funding Source Description _ NONE NONE _ NONE _ __ NONE _ T: \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 CRA COMMENT LOG Date Name Comment I ponse/ Follow Up Great Job on the Catch 2/7/2013 Email Tee Jackson Boynton Web App As Editor of Florida Travel & Life Magazine she enjoyed getting to know Boynton 2/13/2013 Email Patricia Letakis Beach Email was sent to Paula Leblanc (City) - RE Trash bins on Boynton Beach Blvd., Thanked Mike and the City for a job Promenade & Marina Village well done in responding to the 2/11/2013 Email Terry Armour are overflowing original complaint made 1/11/13 Thank you for promoting the 2/13/2013 Email Sherry Johnson Hunger Walk Event Frank J. Thank you letter to Vivian for Gulisano & meeting with them and going Camille Gulisano- over the development Pelaez- Summit opportunities in Boynton 2/14/2013 Letter Realty Beach Appreciates the advertising the CRA does for the Marige Johnson Boynton businesses & the 2/21/2013 Email & CJ new Web App Congratulations to Buck Bill Hager -State Buchanan on his second 2/21/2013 Letter Representative term with the CRA Great Job on CatchBoynton.com and the 2/28/2013 Email Ginny Shea Breeze into Boynton artwork Does not want any more Email via development in the marina 3/5/2013 website Suz Q area of Boynton Beach From: Tee Jackson [mailto:TJackson @womenscircle.org] Sent: Thursday, February 07, 2013 12:04 PM To: English, Heather Subject: RE: NEW & FREE Catch Boynton Web App Great Job Heather! Tee Jackson, Job Development Coordinator Women's Circle, Inc. 912 SE 4 Street Boynton Beach, FL 33435 561 - 244 -7627 Ext. 103 561 - 244 -7629 Fax http: / /www.womenscircle.org. From: English, Heather [mailto:EnglishH @bbfl.us] Sent: Thursday, February 07, 2013 11:05 AM To: English, Heather Subject: NEW & FREE Catch Boynton Web App Dear Business Owners — The Boynton Beach Community Redevelopment Agency is excited to announce a new Web Application: Catch Boynton' that will provide one central location for consumers to find businesses, sign up for deals, receive coupons, find a job and more. The Catch Boynton program is designed to encourage residents and businesses to shop local and is FREE to users. Visitors can access the Catch Boynton program, via the CRA website www.boyntonbeachcra.com, where they can view businesses listed by category or search for a favorite business in the area! Catch so jAt http: / /mygovhelp .info /SHOPBOYNTONBEACHFL / cs /supporthome.aspx ?sSessi onlD= This new program will give YOU the tools to create a strong online presence and provide value to current and new customers by providing an interactive micro - website with: • Updateable Business Profile • Coupon, Job and News Postings • Free Marketing to Residents • Mobile, Text, Email to Customers • Social Media and Website links • Specials and Menus Most of the businesses have been uploaded already. The attached flyer contains details on how to CLAIM & UPDATE your business and offers various tools to help you through the process. If you do not see your business listed, please let me know and I will set up the initial listing for you. This will be the conduit to a Mobile App I am developing now that will hopefully be out in the next week or so!! If you would like step by step instructions (available by email) or are interested in meeting with me to review the app, please let me know! I will also offer a preview of this program at the February 20 business seminar being held at the Library. RSVP at www.boyntonbeachcra.com if you are interested in attending. Have a great day© Heather S. English Business Development Specialist Boynton Beach CRA 710 North Federal Highway Boynton Beach , FL 33435 M TEL: 561.737.3256 j . FAX: 561.737.3258 englishh(bbfl.us www.boyntonbeachcra.com www.boyntonharbormarina.com Catch a Wave, Catch a Fish, Catch your Breath! Breeze into Boynton Beach....America's Gateway to the Gulfstream. Business Grants are Available - Expanding or looking to open a business in the CRA District? Email or call today! Page 1 of 1 Utterback, Theresa From: Walsh, Margee Sent: Wednesday, February 13, 2013 3:59 PM To: Utterback, Theresa Subject: FW: Thank you! T. ..This email is from Patricia Letakis, Editor of FLORIDA Travel & Life magazine, who is in town writing an article on the "Art Scene in Palm Beach County." We met yesterday for a tour of the downtown Ocean Avenue area and she was also able to meet Rolando and Richard B. out at the Arts District. Vivian would like this added to the Comment and Testimonial logs. From: Patricia Letakis [mailto:patricia.letakis @bonniercorp.com] Sent: Wednesday, February 13, 2013 12:21 PM To: Walsh, Margee Subject: Re: Thank you! Thank you, Margee. I enjoyed learning about Boynton Beach and gathered a wealth of information. Will contact you if I have any questions. Best, Patricia Sent from my iPhone On Feb 13, 2013, at 9:25 AM, "Walsh, Margee" <WalshM @bbfl.us> wrote: Hi Patricia, Thank you for joining me yesterday at the Two Georges and I hope you enjoyed your visit to Boynton Beach. Our downtown is truly experiencing a renaissance, and Art — from the unusual Kinetic pieces installed along Ocean Avenue to the special events hosted by the galleries in the Arts District - is an important component in moving that process forward. Please let me know if you need any additional information or contacts for your article, I'm happy to help. Best regards, Margee Margee Walsh CRA Marketing Director walshm@ bbfl.us "Catch a wave, catch a fish, catch your breath... Breeze into Boynton, America's Gateway to the Gulfstream. " O (561) 737 -3256, ext. 204 C (561) 685 -8883 www.boyntonbeachcra.com www.boyntonharbormarina.com From: Terry Armour [mailto:terryarmour @att.net] Sent: Monday, February 11, 2013 5:15 PM To: Simon, Michael Subject: Re: Marina Village -Trash Bins and Broken Border Stones Hi Michael, Unfortunately, there are so many deeds that go unrecognized. What a pity.... when it's such a pleasure to thank someone for their efforts. Kind regards, Terry On 2/11/13 5:01 PM, "Simon, Michael" <SimonM @bbfl.us> wrote: Good afternoon Terry: Thank you for your kind words and recognition of her efforts. Many times it goes without notice. I'm sure Paula appreciates it very much. Have a great evening. Respectfully, Michael Simon Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FI. 33435 Off: 561- 737 -3256 eat. 206 Fax: 561- 737 -3258 simonm @bbflus From: Terry Armour [mailto:terryarmour@&att.neti Sent: Monday, February 11, 2013 4:41 PM To: Leblanc, Paula Cc: Simon, Michael; Brode, Arthur; Brooks, Vivian Subject: Marina Village -Trash Bins and Broken Border Stones Dear f c ui<7 We want to sincerely thank you for the `job well done' in arranging for the much needed repairs to the border stones along Boynton Beach Blvd. from the Promenade down to the circle across from Marina Village. We very much appreciate your prompt intervention in helping to get this problem finally resolved. In addition, we are so happy to see the trash bins along BB Blvd. - in the same vicinity as above - on a pick -up schedule! We are making note of these efforts in our February newsletter, the Marina Village 'Periscope', and would be happy to send you a copy once it's ready for distribution. Kudos!!! Kindest regards, Terry Editor MV Periscope From: Sherryccc [mailto:sherryccc ©aol.com] Sent: Wednesday, February 13, 2013 1:18 PM To: English, Heather Subject: Hunger Walk Flyer Heather Thank you again for helping to promote this event Were hoping you will come out for the event - it doesn't cost anything, but you're welcome to donate cash or canned good if you want I'd like to be able to recognize Vivian and staff so if you are there bring it to my attention so I can let the MC know - otherwise we will certainly recognize the CRA Thank you so much for all your help over the last few years - I will miss you very much when you leave. Sherry Johnson Executive Director Community Caring Center of Greater Boynton Beach, Inc. d /b /a Secret Garden Cafe,a Culinary Incubator Program 561 - 364 -9501 ext 25 561- 752 -8598 cafe 561- 386 -4261 cell 561- 364 -7288 fax www.cccgbb.wordpress.com Please consider the environment before printing this e-mail. SUMMIT REALTY Leasing & Management Corporation 1701 North Federal Highway, Suite 4, Boca Raton, FL 33432 561 - 395 -1216 * 561- 750 -6169 (fax) February 14, 2013 Dear Vivian, Thank you for taking the time to meet with Camille and me today. We enjoyed meeting with you and discussing the possibility of developing in the City of Boynton Beach. The information you provided us was most informative and we are optimistic with the development and we look forward working with you. Sincerely, Frank J. Gulisano Chairman Carnille Gulisano - Pelaez President From: Jamie Kravchenko [ mailto:admin ©summitrealtyfl.com] Sent: Friday, February 15, 2013 9:43 AM To: Brooks, Vivian Cc: Camille Gulisano; Frank Gulisano Subject: Thank you Dear Vivian, Please see attached letter from Frank Gulisano and Camille Gulisano - Pelaez. Thank you Jamie Kravchenko Administrator Summit Realty Leasing & Management Corporation 1701 N. Federal Hwy, Suite 4 Boca Raton, FL 33432 admin @summitrealtyfl.com 561- 395 -1216 x102 561- 750 -6169 Fax From: wavejumpers@a,yahoo.com Date: February 21, 2013 4:16:41 PM EST To: Margee Walsh <walshm @bbfl.us> Subject: merchants meeting Hi Margee- Thanks for the IPad , I really love it and it was very exciting winning it. Seeing Gene Moore after all these years was quite a treat for both of us. Hopefully we will have more meetings and more people will be made aware of them,as I think they are helpful to the small business community. We really appreciate all of the advertising you are doing on behalf of the Boynton businesses -- I think the app will be great and of course the ads at Palm Beach International. Thanks again for all the time and effort you put in. Margie Johnson and of course CJ too 1"7 , Q . .. Florida House of Representatives Representative Bill Hager District Office: Tallahassee Office: 301 Yamato Road District 89 410 House Office Building Suite 1240 402 S. Monroe Street Boca Raton, FL 33431 Tallahassee, FL 32399 (561) 470-6607 (850) 717-5089 Email: Bill.Hager@myfloridahouse.gov February 21, 2013 James "Buck" Buchanan Boynton Beach Community Redevelopment Agency 0 N Federal Highway Boynton Beach, FL 33435 Dear Mr. Buchanan: It is my understanding that you have recently been appointed to the Boynton Beach Community Redevelopment Agency for a second term. It is with a great deal of pleasure that I take this opportunity to congratulate you on your re- appointment, and to thank you for your service to our community. Please accept my best wishes for continued success in your future endeavors. If ever I may be of assistance to you, please do not hesitate to contact me. Sincerely, Bill Hager State Representative Page 1 of 2 Utterback, Theresa From: Walsh, Margee Sent: Thursday, February 28, 2013 11:32 AM To: Utterback, Theresa Subject: Please add Ginny Shea's email to comment log From: Shea, Virginia Sent: Thursday, February 28, 2013 11:22 AM To: Walsh, Margee Cc: Brooks, Vivian; Biscuiti, Kathy Subject: RE: Catch Boynton I noticed that (catchboynton.com) when I clicked on the link at pbpulse.com. Thanks so much for the information. I wish I'd seen it before I started putting summer camp ads together. I love the Breeze into Boynton artwork. Everything looks really cool. You should be really proud of all the info out there! Great work. "Art washes away from the soul, the dust of everyday life." Pablo Picasso Virginia H. Shea, Senior Manager, Recreation Division City of Boynton Beach Recreation and Parks Department 561 -742 -6236 From: Walsh, Margee Sent: Thursday, February 28, 2013 9:28 AM To: Shea, Virginia Cc: Brooks, Vivian; Biscuiti, Kathy Subject: Catch Boynton BTW: The CRA bought the domain catchboynton.com to coincide with the campaign. It links to the CRA's website (www.boyntonbeachcra.com), and Catch Boynton is also the name for our "Merchant web app." Margee Walsh CRA Marketing Director walshm(a?bbfl.us "Catch a wave, catch a fish, catch your breath... Breeze into Boynton, America's Gateway to the Gulfstream." O (561) 737 -3256, ext. 204 C (561) 685 -8883 www.boyntonbeachcra.com www.boyntonharbormarina.com From: Walsh, Margee Sent: Thursday, February 28, 2013 9:18 AM To: Shea, Virginia Cc: Brooks, Vivian; Biscuiti, Kathy Subject: RE: Catch a Star Hi Ginny, Great to hear from you and glad you saw an example of the CRA's Breeze into Boynton campaign. (Next time you are driving north on 1 -95 in Lake Worth, look for our billboard by the 6 Ave exit.) Page 2 of 2 We "launched" the campaign in 2012, and this year are reinforcing our message /brand by focusing on the following six elements, which are promoted in monthly ads: 2013 January: Boynton Harbor Marina February: Arts (cross promoting the Kinetic Art Symposium, the Arts District and downtown art boutiques;EX. Beachcomber Art)) March: Special Events April: Boynton Beach Lifestyle (great timing for this with the recent grand opening of Casa Costa — former Promenade) May: Shopping (Spring sales and Mother's Day gifts) June: Boynton Harbor Marina (Father's Day activities) July: Boynton Beach Lifestyle (statistically many family move in the Spring /Summer) August: Dining /Entertainment September: Special Events (big push for Pirate's event) What you saw on pbpulse.com was our February ad promoting the "Arts," with the tagline, "Catch a Star!" (see attached) We received approval to use Robert Walker's painting of the kids and ball, from art dealer Richard Beau Lieu, who represents him. If you would like to use the artwork or one of our ads, you would need to credit the CRA. Please feel free to call me if you have any questions. Thanks. Margee Walsh CRA Marketing Director walshm a(�,bbfl.us "Catch a wave, catch a fish, catch your breath...Breeze into Boynton, America's Gateway to the Gulfstream." 0 (561) 737 -3256, ext. 204 C (561) 685 -8883 www.boyntonbeachcra.com www.boyntonharbormarina.com From: Shea, Virginia Sent: Thursday, February 28, 2013 7:49 AM To: Walsh, Margee Subject: Catch a Star Hey Margee, I was just on the Palm Beach Post website and saw the Catch a Star graphic leading to the catchboynton.com page. Who did the graphics for the ad? I love the kids reaching out. Let me know when you get a sec. thanks. "Art washes away from the soul, the dust of everyday life." Pablo Picasso Virginia H. Shea, Senior Manager, Recreation Division City of Boynton Beach Recreation and Parks Department 561 - 742 -6236 From: suz Q [mailto:suzq @yahoo.com] Sent: Monday, March 04, 2013 8:30 AM To: Walsh, Margee Subject: Contact Us Inquiry From: suz Q Subject: Contact Us Inquiry Email Address: suzq @yahoo.com Question/Request: I certainly don't like seeing the existing buildings empty, but I moved to Boynton Beach because it was a quiet community and not like Delray or W Palm. I actually wish the Marina and Promenade /Casa Costa buildings had not been built.Certainly do not want to see more development of the area. More people and more traffic- more of undesireable things? Not for me! This mail is sent via contact form on bbcra http : / /0327768.netsolhost.com/bbcra 3/5/2013 BOYNT =BE H CRA BOARD MEETING OF: Marchl3, 2013 Consent Agenda I I Old Business I 1 New Business 1 1 Public Hearing I X I Other SUBJECT: Media Outreach and Editorial Coverage SUMMARY: As a direct result of the CRA's public relation and advertising efforts, the Agency continuous to receive editorial coverage in numerous articles. (See backup) The following media advisories promoting CRA programs and special events were distributed in February to members of local and national press: • February 20 Merchant Seminar, "Work smarter, not harder!" • CRA Unveils Web App: Catch Boynton • Ocean Avenue Concert Series, February 15 • Movies on the Ave., March 1 • Sunday in the Park Concert, March 3 Google Analytics: We continue to see a significant increase in new visitors to the CRA's website. This is a direct result of our combined social media outreach efforts, online campaigns and iContact email blasts throughout November promoting special events, programs and projects: 1, 55.56% New Visitor:100 44.44% Returrhing Visitors: 80 FISCAL IMPACT: N/a CRA PLAN, PROGRAM OR PROJECT: Marketing Department RECOMMENDAT ONS: Information only .---- SL f / Margee Wash, arketing Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\March 2013 \Media Outreach and Editorial Coverage.doc MEDIA ADVISORIES BOYNTON cA .BEACH Media contact: Margee Walsh CRA Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE WalshM(c�bbfl.us February 14, 2013 CRA HOSTS BUSINESS SEMINAR FOR LOCAL MERCHANTS ON HOW TO REDUCE STRESS Professionals to offer tips on banking, accounting and legal issues WHO: Boynton Beach Community Redevelopment Agency (CRA) IBERIABANK WHAT: Feeling stressed? Business seminar offering tips on how to, "Work smarter, not harder!" WHEN: February 20, 6:00 p.m. — 8:00 p.m. WHERE: Boynton Beach City Library: Program Room, 208 S. Seacrest Blvd., Boynton Beach, FL. WHY: Working long hours, juggling finances, managing employees and dealing with legal issues are some of the realities of owning your own business, which at the end of the day = STRESS! According to economist William B. Stronge, of Florida Atlantic University, small business owners "have the whole burden of the enterprise on themselves, and the worst person you can work for is yourself." Local merchants are invited to join the Boynton Beach CRA and IBERIABANK for a free seminar offering tips from professionals on how to better manage their time, finances, legal and corporate structure — and cut down on their stress. This two -hour event will include presentations by Nancy Ernst, Vice President and Branch Manager for IBERIABANK, local attorney Gene Moore, and Tim Lewis, EA and owner of Lewis Accounting Services. CRA staff will also provide an update on the new business web app: Catch Boynton! Event includes complimentary appetizers and beverages, and a raffle drawing for a free iPad.* *Must be present to win and prize only available to businesses located in the CRA District. COST: FREE To register, visit www.boyntonbeachcra.com, or call 561 - 737 -3256, ext. 204. The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737 -3256 or visit www.boyntonbeachcra.com. # ## BOYNTON ( BEACH Media Contact Heather English CRA Business Development Specialist (561) 737 -3256, ext. 219 FOR IMMEDITE RELEASE EnglishH @bbfl.us February 6, 2013 Boynton Beach CRA Unveils New Web Aplication: Catch Boynton Boynton Beach, FL - The Boynton Beach Community Redevelopment Agency is excited to announce the launch of a new Web APP: Catch Boynton that will provide one central location for local consumers to find businesses, sign up for deals, receive coupons, find a job and more. The Catch Boynton program is designed to encourage local residents and businesses to "shop local." For Business Owners: This new program will give owners the tools to create a strong online presence and provide value to current and new customers by providing an interactive micro- website with: • Updateable Business Profile • Coupon, Job and News Postings • Free Marketing to Residents • Mobile, Text, Email to Customers • Social Media and Website links • Specials and Menus Even though you have not launched this yet, it would bb great to add a quote from a local business owner — just one sentence. For Consumers: Visitors can access the Catch Boynton portal, via the CRA website, where they can view businesses listed by category or search for a favorite business in the area! "Catch Boynton is an amazing economic development tool and easy to navigate resource for both local business owners and their current, or potential customers," said CRA Executive Director Vivian Brooks. "This new app will provide a much needed, free option for merchants to promote their businesses and easy access for consumers to locate them." For more information, please contact Heather English at 561- 737 -3256 x219 or EnglishH @bbfl.us 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.bovntonbeachcra.com. . r BOYNTON I icRA Media contact: Margee Walsh Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE WalshM @bbfl.us February 11, 2013 MEDIA ADVISORY ,1 jib OCfflfl flVfflUf CONCERT SERIES WHO: Boynton Beach CRA ( www.catchboynton.com) WHAT: Ocean Avenue Concert Series In keeping with February's Black History theme, this month's concert will provide some classic R &B music, performed by The New Horizon Band. The band was formed five years ago and has a sound that will make your body move...right onto the dance floor! New Horizon is a seven piece band with a live instrumental sound. The members a wide range of talent and have opened for artist such as Percy Sledge, Archie Bell, B.B. King, and Georgia McCray. Several members have played at the biggest water festival in South Florida Sun Fest. Bring your blankets and folding chairs. Plenty of free parking on site. Food and drinks available for purchase. No pets permitted please. WHEN: Friday, February 15, 2013, from 7:00 — 9:00 p.m. Future concert dates: March 15 April 19 May 17 WHERE: Ocean Avenue Amphitheatre 129 E. Ocean Ave. Boynton Beach, FL 33435 MAP 111 This is a free community event, open to all ages. No pets please! For more information call 561- 742 -6246, or visit www.catchboynton.com BOYNTON F BEACH MEDIA ADVISORY Media contact: Margee Walsh Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE Walshm @bbfl.us February 25, 2013 WHO: Boynton Beach CRA (catchboynton.com) WHAT: Movies on the Ave. A great way to spend a Friday night and enjoy an outdoor event.... FREE movie screenings, including new releases and family friendly firms, on a jumbo screen under the stars located at the Ocean Avenue Amphitheater. Join us March 1, for "The Best Exotic Marigold Hotel," rated PG -13. NKiHV 44, moo, IN SON SM17N `' 40 0 . •t • . # • � • • BEST Exam m RRIGflt1b o Ito oil ,0 S From the pl.rt to+ of SHAKESPEARE IP Starring Oscar winning actresses Dame Judi Dench and Maggie Smith, British retirees travel to India to take up residence in what they believe is a newly restored hotel. Less luxurious than its advertisements, the Marigold Hotel nevertheless slowly begins to charm in unexpected ways. - cont'd- All your favorite movie theater snacks will be available for purchase. Please remember to bring your folding chairs or blankets! WHEN: Friday, March 1, 2013, from 7:00 — 9:00 p.m. Future dates: Movies begin at 8:00 p.m. April 5 May 3 WHERE: Ocean Avenue Amphitheatre 129 E. Ocean Avenue (next to the SchoolHouse Children's Museum) Boynton Beach, FL This is a free community event, open to all ages. Please, no pets allowed. 561- 742 -6246, or visit www. boyntonbeachcra .com /newsevents.php Follow us on id and 0. BOYNTON cR =BEACH MEDIA ADVISORY Media contact: Margee Walsh Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE Walshm @bbfl.us February 25, 2013 WHO: Boynton Beach CRA (catchboynton.com) WHAT: Sunday in the Park Concert Series U na r the p,, Plan to attend a free concert this Sunday featuring local folk singer and recent winner of the Arts District's "Open Mic Night," Spencer Allan Patrick, who will be performing at Ocean Avenue Park, formerly known as Veteran's Park. This concert series, held the first Sunday of every month, 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 and listen to some great tunes, under the shady trees! WHEN: Sunday, March 3, 2013, from 12:00 p.m. — 3:00 p.m. Future dates: April 7 May 5 WHERE: Ocean Avenue Park : Northeast corner of East Ocean Avenue and NE 4th 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. boyntonbeachcra .com /newsevents.php, or follow us on CI or P. ### ARTICLES Boynton schedules next Ocean Avenue concert By Eliot Kleinberq, Palm Beach Post, Saturday, Feb. 9, 2013 BOYNTON BEACH — The next Ocean Avenue Concert is set for 7 p.m. to 9 p.m. Friday, Feb. 15, at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest Boulevard. In honor of Black History Month, the event will feature the New Horizon Band performing "Classic R & B." Admission is free. Downtown restaurants will offer food and drinks. Bring folding chairs or blankets. Parking on site. No pets. Call the city's community redevelopment agency at (561) 737 -3256. Boynton unveils new web app for business development CRA wants 'Catch Boynton' app to bring people downtown http: / /www. sun- sentinel.com/ news /palm- beach /boynton- beach /fl- boynton- cra -feb -meet- 20130213,0,2815614.story By Attiyya Anthony, Sun Sentinel 12:08 p.m. EST. February 13, 2013 The Boynton Beach Community Redevelopment Agency hopes a new app will drive people to the city's downtown. At Tuesday's regular meeting, the agency revealed the "Catch Boynton" web application to encourage people in the city to shop locally. The app provides information about the CRA's 600 businesses in one location. The app was unveiled on Monday and as of Tuesday, 30 businesses had signed up. The CRA will provide any business within the CRA district with a "micro website." Business owners can post coupons, jobs, restaurant menus and general information about their companies. "We want to help promote the businesses within our district and give them more of a web presence," said Heather English, CRA business development specialist. "The app makes it real simple for visitors. They don't have to deal with a page of sponsors and pop -up ads, it helps them find exactly what they're looking for." The app is available on the CRA website homepage, and will be available on smart phones this month. The app will be formally introduced to business owners at the Merchant's Market event on Feb. 20 at the city library, 6 -8 pm. One of the CRA's responsibilities is to attract people to downtown Boynton. In addition to the app, the CRA has launched other initiatives like the city's rebranding campaign, the CatchBoynton.com website, various free concerts and the community farmer's market. Since the Farmer's market was started in 2012, vendors and visitors have declined. On Tuesday, the board agreed to a final marketing push for the market, before reevaluating whether or not to keep it next month. In other notes, many of the artists from the previous weekend's International Kinetic Art Exhibit and Symposium personally thanked the city and the CRA for their artistic vision. "I thank the City of Boynton for doing a fabulous job with kinetic art, I look forward to doing this in another two years. We will build and reflect on the successes," said Rein Triefeldt a kinetic artist from Trenton, N.J. In other action, the board will consider a request from the law firm that is at the center of the Arts Garage building dispute in Delray Beach. The board agreed to consider selling land on North Federal to Kanner and Pintaluga law firm. The law firm is in Delray Beach, but has outgrown its space and is looking to buy the Delray city building which the Arts Garage calls home. The law firm is looking at three properties, and one of them a vacant lot at 222 North Federal Highway in Boynton Beach, said Vivian Brooks executive director of Boynton CRA. If Kanner and Pintaluga put 30,000 to 40,000 square feet of office space downtown, it would create 250 jobs over four years and fit into the CRA's long -term development plans, Brooks said. "It's good on our part strategically to get in the ball game," said Mayor Woodrow Hay. "This is good for the economy, this is good for our restaurants, it's good to get our hat in the ring." Boynton CRA creating app for businesses http://www.palmbeachpost.com/news/business/boynton-cra- creating- app -for- businesses/nWJ76/ By Eliot Kleinberg ,Palm Beach Post Staff Writer BOYNTON BEACH — The city's community redevelopment agency is launching www.catchboynton.com, a new Internet application that will provide one central location for local consumers to find businesses, sign up for deals, receive coupons, find a job and more. Business owners will be able to create interactive "micro web sites." Consumers will be able to view businesses listed by category or search for a favorite business in the area. Call (561) 737 -3256. Red -hot dishes, hot cars to highlight new Boynton event , w T Logo for the "Red Hot Blues Cruise Event, a gathering of spicy food, music and cars is is set for 11 a.m. to 9 p.m. on Saturday, April 20, 2013, along Ocean Avenue just east of Seacrest Boulevard. Logo courtesy Boynton Beach community redevelopment agency By Eliot Kleinberg ,Palm Beach Post, Feb. Feb. 17, 2013 BOYNTON BEACH — City leaders hope their new Red Hot Blues Cruise event could one day compete with Delray Beach's recently held garlic festival. The gathering of spicy food, music and cars is set for 11 a.m. to 9 p.m. on Saturday, April 20, along Ocean Avenue just east of Seacrest Boulevard. Vendors will offer hot pepper dishes as well as milder dishes for the less courageous, and will sell salsas and hot peppers, and relief in the form of ice cream, as well as various arts and crafts. A day of music is sponsored by BB King's Blues Club at CityPlace in West Palm Beach, the Backyard and the Two Georges in Boynton Beach, and Boston's on the Beach in Delray Beach. And a city- block -long display of classic cars will vie for prizes. Children will be entertained with activities both inside and outside the adjacent Schoolhouse Children's Museum and Learning Center. The festival is hosted by the Greater Boynton Beach Chamber of Commerce and the city's community redevelopment agency. "This is a major event," CRA board member James "Buck" Buchanan, who's organizing the event, told his colleagues at Tuesday's regular meeting. He said it already is, in effect, a two -day event, with an edition of the CRA's Friday night Ocean Avenue concert series set for April 19. If it's successful, it could be expanded to a two -day or three -day event. "It's been met with great enthusiasm and gives us a chance to have a major event to bring a lot of people into downtown Boynton with no strain on CRA staff and minimal financial strain," Buchanan said. He said the event will be a counterpoint to the "pirate fest" in the fall. "It's a good time of the year," he said. "There's still a lot of people down here for the season and the weather's good." Buchanan presented an estimated budget of $27,100 in expenses and $33,400 raised in cash and services, including $10,000 worth of volunteer hours from the chamber and $2,000 worth of services from the city. At Tuesday's meeting, Buchanan asked the agency for $5,000 in sponsorship money and services, including portable toilets, tents and production services. He said it would have cost the CRA $30,000 to $40,000 to put on such a show itself, and "I think the CRA can fund a little piece of it." Commissioner Steven Holzman said he did not want to give that much, since the CRA has declined requests from other organizations and events. Board members Mark Karageorge and Wayne Segal suggested the date for the event is too close and it might be better to have the first one next year. "I think we're rushing this," Karageorge said. And Segal said $2,000 isn't enough for promoting the event. But Vice Mayor Mack McCray said he trusted Buchanan's assurance that he can make the show work by April 20. The board voted 4 -3 to provide $2,000. Free movie Friday at amphitheater Palm Beach Post, Eliot Kleinberq Tuesday, Feb. 26, 2013 BOYNTON BEACH — The next installment of Movies on the Ave. at the Ocean Avenue Amphitheater, is at 7 p.m. Friday, March 1, with "The Best Exotic Marigold Hotel," rated PG -13. The amphitheater is next to the Schoolhouse Children's Museum on Ocean Avenue, just east of Seacrest Boulevard. Admission is free. Local restaurants will sell food and drink. Bring folding chairs or blankets. On -site parking will be available. No pets or outside food and drinks are allowed. Call the city's Community Redevelopment Agency at 561- 737 -3256, Ext. 212. Park series event features folk singer Palm Beach Post, Eliot Kleinberq, Feb. 26, 2013 BOYNTON BEACH — The next installment in the Sunday in the Park Series, at Ocean Avenue Park at East Ocean Avenue and Northeast Fourth Street is set for noon to 3 p.m. Sunday, March 3. It will feature a performance by folk singer Spencer Allan Patrick, the winner of the "Open Mic Night" event held Jan. 17 in the city's arts district. Sunday's show is free. Participants are urged to dine at area restaurants. Bring folding chairs or blankets. Free parking is available on -site. Call 561 - 737 -3256. ADVERTISING Catch a Wave ... Catch a Fish .,. CATCH A STAR. , _Pr ,„..10 1 1 - - ., - . , ,,,,:. s 0 „0, ii..,„r„ ...,. ,,:.1•4 -,,* ..,: lb' n i = a�i Z ma y , While strolling the Boynton Beach Art District — an exciting display of large metal canvases will stop you in your tracks as you realize they are the garage bay doors of the artists themselves. Amazing original artwork projecting vibrant colors and styles that are unique to each. The Art District, with its bohemian atmosphere and eclectic art is perfectly balanced with the outstanding galleries that adorn Federal Highway. Either way, you have a good chance of Catching a "rising" Star in Downtown Boynton Beach — your destination for art and entertainment. Visit CatchBoynton.com for information on Downtown Boynton Beach art exhibits, events and more. t7oeO INlO 1reeze iiiflo Poyirtir,ittl CatchBoynton.com -62 J (. 561.737.3256 BOYNTON .( 0 f2 1 BEACH ■ A a. lik I t I p 0 csi 0 U o1 O 0 4l O ( Q alma CTI E 6 CO Or 1:1) >, 1:13 ` O.) 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U Ni n 1- n O C n m C n� LL ro a La m G „n3 . no - aU N F U 0) y C VI v O '7 F` to W 0 Page 1 of 1 Utterback, Theresa From: Walsh, Margee Sent: Friday, February 08, 2013 3:36 PM To: Harris, Susan; Hill, Vicki; Biscuiti, Kathy Cc: Simon, Michael; Utterback, Theresa; English, Heather Subject: Advertising: 211 RFP Our ad promoting the RFP to lease or buy 211 East Ocean Avenue will run in the publications listed below (and on our website and FB), should you hear from interested parties: 1 Hot Spots — page ad running in Southeast Region — full color — starts next Thursday and runs for 3 weeks 2. New Times — %4 page horizontal — full color — Broward Palm Beach edition — runs 2/14 and 2/20 3. The Delray Beach Pineapple — 1 /2 page full color — March issue — Real Estate Sections — 10" x 7.8" Horizontal and online web site, a listing on DelrayPineapple.com and a posting of our ad on their social media page: http: / /pineapplenewspaper corn { C OULD This BE THINKING ABOUT STARTING A NEW BUSINESS? this area has experienced a great Now rs the tune, acrd downtown this or interest by business Boynton Beach rs the place' owners and developers, and is the Boynton Beach Community undergoing its own renaissance Redevelopment Agc'rxy ((RA) owns And the "long on the cake" a beautUul. I11001K bcdckng kxaterf ` the (RA will grant the chosen at it 1 fast Ocean Avenue, that businessperson(s) a very would be the pe+fect venue for generous amount 01 Restaurant/Deb urant /R�`h funding to help offset • your build-out expenses' • Resa Bakery Contact us now to find • At Gallery out mote on qualifications, • Retail Boutique and how to submit your • Fitness studio proposal to lease or buy • tntertainrnent tstablrshment this remarkable property YNTON ._ : f i , = r BEACH ''ti Margee Walsh CRA Marketing Director walshmc bbfl.us "Catch a wave, catch a fish, catch your breath...Breeze into Boynton, America's Gateway to the Gulfstream." 0 (561) 737 -3256, ext. 204 C (561) 685 -8883 www.boyntonbeachcra.com www.boyntonharbormarina.com Irk all° ! ti e. t ' , 4411t . THIS toi THIS .. • = . ,. ` ., ,.,»rte alivarsu -,- 4 WoraMilla . t Man. a •. ... / ' . • _ THINKING ABOUT STARTING Hos mlir NIS eµxnr� a CPWL rrycid , ' ANEW BUSINESS' deal of Interest try buhNrt• Nit/1,4 M the tun, and drawl ltown ownels and devolution and HOUSE O F T H U N Q - : '` STARING AT ' woo. Beath n !b 'darer n uudhr ns own 4 9 tr. Horton Beath rlYwrs arty And tt.r U SA S G,nuttulut RrtlESl rtterN A rung Olt (hr rake' T 'tAE'S rETtr ti th e (RA wall ]'ant r1 E OE ,StER a Agency owns d 4 (t,c:ri „n8•n ,OUTHFIORIDA' , r .r ANr "L /( ,gl E • t>rautlful. Mstwlt !madam ,, b usnu a speurnrts} kxated al 111 last Wean a very rientious 1 4, AMIlle, dull would 1111101.1111 of �IWldlna • ,• tK- the ;wiled (l l o hcio- offset VI lrur In yu,• broad nut 5pprt PB MORSEPOWER Ve5L1rA.nd /11* I e n'mr.' nvArtAnLr IN 71OI OPS • ` • Tuotat I'm now • 11,11, iv ' to told uul mn,e on goal&Tn Mon n r rl► • Arl Galb•ly , and how 1 • Relad Buuhguc w111tIt yrr,;, j• / r pralposal to _ • illn 51tn1tn ! 1c.fs a buy I 1 I • InIellatrunl rat The. rfnnO,kabI4- ,..,t.' I . ' dr.hnlr n1 710 North Iedcccal 11q1w, ay, Boynton Beads, f t 33415 I. .. � • ' ' ' i':nYNTC,II'. I� Can Michael *non, at 5f 1.7373250, CKI. 206 1401.114 MIAMI AV'l 1 MIAMI 1 305 7710111 1 HOUSE 0l TNUNUL RUSA CI .....BEACH I of bgon to catrhbny ton com y. .,- r f 411 Q„ o s s a a- a . •t1W••• • MEW ••••t1 O•• •.. w+e•••r ar•••. IIIIM•• . MIN* ••• IMP e••NM••• WO* ••41.111•10 •• sin. ••• MIND • 4 ON THE FLOOR AT CLASSir I thodii R j -a • �_ sTINKIN RICH i c..,,,,. 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Wow p4•«• ....e $gtM11.,,.1....w'a...• hw.w..W p.o..• M... u. 4 as swam 1 r HOLLYWOOD ,!e SOCIAL MEDIA Go gle Analytics http://www.boyntonbeachcra.com - http:Uwww.boyntonbeac_ www.boyntonbeachcra.com [DEFAULT] Audience Overview Feb 2, 2013 -Mar 4, 2013 v. of visits: 100.00% Overview • Visits 40 20 Feb B Feb 15 Feb 22 Mar 1 106 people visited this site Visits Unique Visitors ArN. — _ , 180 1 06 Pageviews Pages / Visit Ap, 1,236 v. � 6.87 • 55.56% New Visitor 100 visits Avg. Visit Duration Bounce Rate ■ 44.44% Returning Visitor 80 Visits 00:04:57 f - v .,,/ \ jf',J 34.44% % New Visits V'AA/WVt 55.56% Langer Visits % Visits 1. en -us 176 97.78% 2. en 1 1 0.56% 3. en_us 1 I 0.56% 4. en -ca 1 1 0.56% 5. en-gb 1 1 0.56% view full report © 2013 Google FACEBOOK POSTS 01/04 - 03/04/13 TOTAL LIKES: 46641.08% Friends of Fans' The number of unique people who were friends with people who liked your Page. FRIENDS OF FANS: 209,809.0.29% People Talking About This' The 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 your Page; tags your Page in a photo; checks in at your Place; or recommends your Place. PEOPLE TALKING ABOUT: 35.105.88% Weekly Total Reach' The number of unique people who have seen any content associated with your Page . This includes Ads and Sponsored Stories that point to your Page. WEEKLY TOTALS: 1,079.447.72% Boynton Beach CRA https: / /www.facebookcom/pages /Boynton- Beach- CRA/12393803436.. Overview Likes Reach Talking About This Check -Ins All dates and times are in Pacific Time Total Likes Friends of Fans People Talking About This Weekly Total Reach 466 1.08% 209,809 4. 0.29 35 , 105.88% 1,079 1 447.72% • Posts People Talking About This MI Weekly Total Reach • .. __.. • I Feb? Feb14 Feb21 Page Posts (Updated 5 minutes ago) All Post 'Types Date ? Post ? Reach ? Engaged Users ? Talking About VIrs i This 3/4/13 [a The future of Boynton Beach is in your h... 257 10 2 3/4/13 j Related Group leader expects Boynton B... 581 41 9 1.5 3/1/13 lj Don't forget your blankets and jackets b... 301 17 4 2/27/13 Fri, Concerned about your taxes? Let the pro. - 101 3 2/27/13 lj Are you looking for live, professional sta... 278 11 4 1 oft nzinsi,)ml 11.1A D*' Boynton Beach CRA https: / /www.facebookcom/pages /Boynton- Beach- CRA/12393803436... l Boynton Beach CRA Timeline 2/25/13 i The Boynton Beach Community Caring C. _ 93 8 -- 2/15/13 [11 Vivian Brooks represented Boynton Beac 82 10 2 2.4 2/15/13 6 2 2.7 ��i Were sorry to announce tonight's Ocean. 72 2/14/13 IF Position available: BUSINESS DEVELOPM 178 17 10 5.6 2/13/13 150 Timeline Photos 75 4 2 2.6 2/13/13 a, Timeline Photos 80 3 1 2/13/13 (. j Silent March on SW 8th 71 7 2 2.8 2/13/13 j KeroWACKED Multimedia Festival Is Sun... 98 4 -_ -- 2/12/13 ([t Open House at Beachcomber Art this mo . 112 10 9 8.0 2/11/13 4; Attention business owners! Would you ii. 84 10 3 3.5 2/11/13 it! Timeline Photos 63 2 1 1.5 2/11/13 Artful Dreamers Studio 45 1 2/11/13 14 Boynton schedules next Ocean Avenue c 109 17 12 11. 2/8/13 Don't forget this weekend Boynton Beac. 86 7 2 2.3 Older Posts About Create an Ad Create a Page Developers Careers Privacy Cookies Terms Help Facebook © 2013 • English (US) Twitter 1 lirL ' _ Adi t t r r l t others Follow Aw Boynton Beach CRA @BoyntonBeachCRA The Boynton CRA serves the community by guiding redevelopment activities that create a vibrant downtown core and revitalized neighborhoods within the District. Boynton Beach, FL • http: //boyntonbeachcra.com • 244 Tweets • 71 Following • 450 Followers Tweets 1. Mar 1 7 Boynton Beach CRA ( BoyntonBeachCRA http: / /twitpic.com /c7se2f - #free #movies #argo View photo ilic .. , ..-. 2. Mar 1 Boynton Beach CRA 4BoyntonBeachCRA http: / /twitpic.com /c7se2f - #Free View photo 3. Mar 1 Boynton Beach CRA {a) BoyntonBeachCRA, FREE Movies on the Ave Academy Award - winning film Argo (Rated R) Friday Apr. 5th @ 8PM Ocean Avenue Amphitheater http: / /twitpic.com /c7se2f View photo 4. Mar I Boynton Beach CRA 4BoyntonBeachCRA FREE Live Music! Catch Celtic Mayhem Friday March 15 @ 7PM at the Ocean Avenue Amphitheater in Boynton Beach FL http: / /twitpic.com /c7sczg View photo 5. Feb 14 Boynton Beach CRA @BoyntonBeachCRA Take your Valentine out tonight, and then spend the weekend having fun in downtown Boynton Beach! http: / /icont.ac /lyVoB Expand 6. Feb 13 Boynton Beach CRA @BoyntonBeachCRA FREE Sunday in the Park Ron Bivona doing Frank Sinatra Apr 7th at 12PM Ocean Avenue Park 100 N.E. 4th St http: / /twitpic.com /c3ecnd View photo 7. Feb 13 Boynton Beach CRA { 3BoyntonBeachCRA; FREE Movies on the Ave Catch "The Best Exotic Marigold Hotel" Mar 1st 7PM! Ocean Ave Amphitheater 129 E. Ocean Ave http: / /twitpic.com /c3eb56 View photo 8. Feb 4 Boynton Beach CRA ( BoyntonBeachCRA Do you own a business in downtown Boynton Beach? Join us February 20 for a free seminar and chance to win a FREE iPad! http: //bit.ly/VzTDz9 Expand 9. Jan 14 Boynton Beach CRA t BoyntonBeachCRA FREE EVENT: Movies on the Ave. Friday, Feb. 1st at 7 p.m. features Won't Back Down Ocean Ave Amphitheater http: / /twitpic.com/bv7e0d View photo 10. Jan 7 L Boynton Beach CRA fBoyntonBeachCRA FREE Live Music! Sun. Feb. 3, 2013 @ 12 PM Ocean Avenue Park 100 NE 4th St, Boynton Beach FL 33435 http: / /twitpic.com/btbj47 BOYNT =BE H CRA BOARD MEETING OF: Marchl3, 2013 1 Consent Agenda 1 1 Old Business 1 1 New Business Public Hearing 1 X Other SUBJECT: Recap: Merchant Seminar, "Work smarter, not harder!" SUMMARY: Statistics show that three out of five business owners are experiencing more stress now than in previous years.* As part of the 2013 Merchant Marketing Program, the CRA hosted a free seminar on Wednesday, February 20, for local business owners. The format included a panel of experts who offered tips on how to better manage time, money, legal issues — and stress- by working smarter, not harder. Promotion of this free event, sponsored by IBERIABANK, targeted business owners located in the CRA District, however the public and outside merchants were welcome. Staff began work on this project in December, 2012, using the following resources to market the event: • Two direct mailers: January and February • Press release • Posted on CRA/City /Chamber websites, Facebook and Twitter • Weekly iContact email blasts to merchant data base: SAVE THE DATE • Flyers distributed door to door, and dropped off at City Hall, Library and Chamber of Commerce Staff also distributed a survey to the attendees to learn how to better assist local business owners with their advertising efforts, subjects to cover in future seminars and the best method of contact. At the conclusion of the Seminar, a free iPad was raffled off. *See Sun - Sentinel article in backup. FISCAL IMPACT: Sponsored by IBERIABANK CRA PLAN, PROGRAM OR PROJECT: Project Fund 02 -58400 -445 RECOMMENDATIONS: Information only c H � M gee Wales, M. dg Director T: AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013 \Recap Merchant Seminar.doc Small business owners more stressed John Morrison, owner of Pembroke Cycle, works on a customer's bike Thursday afternoon in Pembroke Pines, By Donna Gehrke- White, Sun Sentinel 7:17 p.m. EDT. October 4. 2012 More than three out of five small business owners in South Florida are experiencing more stress — a higher number than their counterparts in Boston and Philadelphia, a new survey from TD Bank found. The only group enduring more stress: New York mom - and -pop business owners. Small business owners "have the whole burden of the enterprise on themselves," said economist William B. Stronge, of Florida Atlantic University. "The worst person you can work for is yourself." The TD Bank poll surveyed 400 small business owners in the four metro areas, and 100 of them were from Broward, Palm Beach and Miami -Dade counties. "Our survey revealed 61 percent of South Florida small business owners admit that their stress levels are increasing, and that for many, the stress is primarily due to managing their finances," said TD Bank Regional President Kevin Gillen. Many others in the poll blamed their stress on managing employees or having to spend so much time on the job. John Morrison, who owns Pembroke Cycle in western Pembroke Pines, admits to being at least a little stressed from all the hours he puts into his bicycling shop — some 65 hours a week. Morrison said he loves his bicycling shop and customers. He just would like to have a bit more free time. "It gets a little bit frustrating," he said. "But if you care, you have to work the hours." Morrison has some part -time help, but prefers being in the shop while it's open. His customers have kept coming in — even during the Great Recession, he said. "If they have the money, they are spending," Morrison said. Working long hours is one of the disadvantages of owning your own business, Stronge said. Some South Florida small business owners also are stressed from struggling to stay afloat with the region still not fully recovered from economic hard times, Stronge added. The local economy has been recently slowing after gaining steam earlier this spring. "It's still a weak economy," Stronge said. "For all those who are surviving, they have to keep going." dgehrke or Twitter @donnagehrke BOY BEACH Merchant Seminar "Work smarter, not harder!" February 20, 2013 AGENDA I. Welcome II. 2013 "Breeze into Boynton" campaign update: Margee Walsh, CRA Marketing Director III. Presentations: • Gene Moore — Attorney • Nancy Ernst - IBERIABANK Vice President and Branch Manager IV. Q &A V. "Catch Boynton" web -app presentation: Heather English, CRA Business Development Specialist VI. Survey VII. iPad raffle!!! VIII. Closing: Vivian Brooks, CRA Executive Director BOYNTON ©' AMIN BEACH' � 1\ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SAVE THE DATE! 561.742 6246 SAVE THE DATE! Wednesday, February 20 r . d' , 6 -8 p.m. City Library - 208 S. Seacrest Blvd. REGISTER TO WIN AN APPLE IPAD" It's a new year but are you feeling the same old stress trying to keep your business in business? Join us for a free seminar and learn some important tips on how to operate your business more efficiently, by "Working smarter, not harder!" Local professionals from the banking, accounting and legal industries will be on -hand to share their secrets. Light refreshments will be served and a free iPad® will be raffled off! Register online at CatchBoynton.com. *Must be present to win. Lveez inib L?oynfon/ For complete details visit CatchBoynton.com or call 561.737.3256 CRA • n j� BOYNTOCH N CRA IBEREARANK ..: i 3 . a , to kr ) C b F,. k r „ E q ` 4 . , .,„.., , , . _ t , ,.. , a , ::,,,,,,,,I,,,...7............, ..:, , ,:.„ ,L,_...7.,,,777_,..., . ..,. ... .,.,..... ,_ .7 7 .. 7... ..., .7 .. ... .... ., . .. ,. ... ... ,„.„ .. :7, 7 .... .,,... .. w .. /� 7 ,,.' , 70...... , `j *1 r/ GI .,_ ..,..., O >4. 1,_, ....,. :, 7 , ....., , ... . ... ,.„ . .. , . , .. . . .......... . ,.. Ilia N L. • ill i > ° °' J N I E gic etil 03 C.) v n O H E ._ . •10• 4•0 CU CD V cc cu ccl O N O e c"o U u. a.= 0 , CD C CO D c (15 O C co co 0 0 Ge rL CI) Cti 6°. 1 O >.' O C o o m C c (f) ... = O 1 N p co p O - co U „_ plig v,„ (0 co ., 4) alli C 0 f (� L1 O N N _ O too0 ..43 a) c 0 C -C CI) aj = O Pill° o a3 as w `2 1 — 4* fiD Z W 0 ■ Q F-- Z W «s 2 C a.. a) Cn W CO W CD o C W l CO CD I C Z E D o 2 a 2 D o 0 0 _ E w 0 a) 0 + O c an tV W tI . m 0 C � ' (Y5 p o _c 2 Z oha 0 a) c) 4-- = 0) Q It 4 45 2 <i c a) 0 a) 1., . c c(1) 11.J WI 2 < 6 _c 0 0 0 . — m s 2 z .t4 . 0 ce -,,o- _s (/) u... ci. 2 2 , _.. 0 4.,.. -;;,. 1 '4 P- c g i ) 0 n c 03 1 co Fi) ......., r e. > ;iii; W in Q,? __ • * 4 - ± 1 . O 0 •-- � c N - � 0 C W " , 'N c Z m N O (4 E 0 2 - 1 10'): as C/) • BOYNTON c R A BEACH Media contact: Margee Walsh CRA Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE WalshM(a�bbfl.us February 14, 2013 CRA HOSTS BUSINESS SEMINAR FOR LOCAL MERCHANTS ON HOW TO REDUCE STRESS Professionals to offer tips on banking, accounting and legal issues WHO: Boynton Beach Community Redevelopment Agency (CRA) IBERIABANK WHAT: Feeling stressed? Business seminar offering tips on how to, "Work smarter, not harder!" WHEN: February 20, 6:00 p.m. — 8:00 p.m. WHERE: Boynton Beach City Library: Program Room, 208 S. Seacrest Blvd., Boynton Beach, FL. WHY: Working long hours, juggling finances, managing employees and dealing with legal issues are some of the realities of owning your own business, which at the end of the day = STRESS! According to economist William B. Stronge, of Florida Atlantic University, small business owners "have the whole burden of the enterprise on themselves, and the worst person you can work for is yourself." Local merchants are invited to join the Boynton Beach CRA and IBERIABANK for a free seminar offering tips from professionals on how to better manage their time, finances, legal and corporate structure — and cut down on their stress. This two -hour event will include presentations by Nancy Ernst, Vice President and Branch Manager for IBERIABANK, local attorney Gene Moore, and Tim Lewis, EA and owner of Lewis Accounting Services. CRA staff will also provide an update on the new business web app: Catch Boynton! Event includes complimentary appetizers and beverages, and a raffle drawing for a free iPad.* *Must be present to win and prize only available to businesses located in the CRA District. COST: FREE To register, visit www.boyntonbeachcra.com, or call 561 - 737 - 3256, ext. 204. The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737 -3256 or visit www.boyntonbeachcra.com. # ## BOYNTON (BEACH Merchant Seminar, "Work smarter, not harder!" February 20, 2013 Name: Business: 1. Was the time (6:00 - 8:00 p.m.) and location (Boynton Beach Library) convenient for your schedule? Yes No 2 . Was the information provided helpful for you? Yes No 3. What type of free training or workshops, would be beneficial to you as a business owner? (i.e. social media, print marketing, financial, sales, legal, etc.) 4. Are you are aware of the CRA's economic development programs? • Interior Build out • Rent Subsidy • Commercial Fagade 5. What type of advertising do you use for your business? • Direct mail • Televison • Radio • Social Media (what type) • Newspaper - which ones • Magazines - which ones • Other - please list _ 6. How would you like to be contacted in the future? • Email Please provide email address: • Phone Please provide phone number • Direct Mail Please provide address • Social Media invite: Facebook Twitter • Website: please provide web address —____ ■ (cont'd) 7. Please share your thoughts on how we could improve this event: BOYNTON cRA BEACH February 20 Merchant Seminar ATTENDEES 03/04/13 Name �. GOLENE LOUIS glouis129(gmail.com (Not in District) Business Name: ENELOG CONNECTION Address: 230 LANE MONTEREY CIR City: BOYNTON BEACH State: FL Zip: 33426 E -mail address: glouis129 @gmail.com 2. Spiros Mitsis spiros.mitsis(a�gmail.com (Not in District) Atlas Group Management 819 University Blvd., Ste. 106 Jupiter, FL 508 - 472 -7680 3/4 CJ and Margie Johnson wavelumpers(a yahoo.com Winner of free iPad!! (District) Business Name: Intracoastal Jet Ski and Boat Rentals Address: 700 Casa Loma Blvd City: Boynton Beach State: Florida Zip: 33435 Web Site: wavejumpers.com 5.. Benjy Delian thelegalcorneryahoo.com (District) Business Name: The Legal Corner Address: 413 West Boynton Beach Blvd., City: Boynton Beach State: FL Zip: 33435 E -mail address: thelegalcorner @yahoo.com 6. Nanina & Dr. Harish Madhav nhmadhav(a�gmail.com (not in District) Medical Office 2226 SE 2 St. Boynton Beach, FL 33435 7 Todd Kevitch tkevitch(c�bporealty.com (District) Business Name: BPO Realty LLC Address: 640 E Ocean Ave Ste 10 City: Boynton Beach State: FL Zip: 33435 Web Site: http: / /www.bporealtv.com E -mail address: tkevitch(c�bporealty.com 8. Imelda Neary info (Not in District) Painting Paws 119 S J Street Lake Worth, FL 33460 8- 221 -2555 9 Orlando Brito (In District) National Transmissions (East) 502 NE 3 St. Boynton Beach, FL 33435 561- 737 -6073, 737 -7551 10. Cristine Pena (Resident) 156 SW 5 St Boynton Beach, FL 33435 11. Anne Miller (Resident) 4521 Palo Verde Dr. Boynton Beach, FL 33436 561- 306 -2386 12. David Dennis dennisdavid a(� hotmail.com (Resident) 1314 S. Seacrest Blvd. Boynton Beach, FL 33435 561- 742 -7514 ■ Illu'i 41'9 S1 P1 ^'• ^AUTO ^SCH 5 -DIGIT 33435 PRSRT STD The C COMMUNITY REDEVELOPMENT AGENC US POSTAGE PAID oasta _ 710 N FEDERAL HWY WEST P OSTAGE EL BCH BOYNTON BEACH FL 33435 -3910 PERMIT N595 March 2013 Serving Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and Coastal Delray Beach Volume 6 Issue 3 i✓is 0 L_A' Lq.li Stability it . - _.L_I ly.the.Coask missing ,i- ,t T „ / • j • ingredient s Rebuilding , in improving ' 1 : L L .ril� _ A .: under way C By Tim Pallesen _ ; • / ' ' on beaches • Developers are busy in the downtowns of Delray Beach and Turtle season Boca Raton. season New residential projects are impacts beach getting city approvals. The vision - renourishment work for downtowns where young professionals live, work and play is _ By Cheryl Blackerby within reach. But major developers are The U.S. Fish and Wildlife • reluctant to invest in Boynton Service has asked for additional Beach 's downtown.. ` '' _ 1 monitoring and reporting "A lot of wildlife, particularly sea Live Work Play developers are 3 turtles, since the Delray Beach Y '+ • Third of a scared away .. 41111111i. ' beach renourishment project is three -part series from Boynton aft% ' . -2 P J - 4 scheduled to begin after turtle looking at the Beach because '1 x \ S season's start on March 1. downtowns of of that city's T ' .5 ' ' 4: . w The additional tasks include Delray Beach, lack of unity,” y • + shore bird monitoring, light Boca Raton and t t S 4 r ', Bo- • -n Beach said Bill Morris, t .., . -� f :. ' monitoring at the dredge site a developer in , ‘ t '•- i• -4 on the beach, leatherback two sties. • G .� r , turtle monitoring from 9 p.m. • Iton Beach has been a city '- until 6 a.m., nest relocation • in turmoil. The mayor got arrested 4 1 •; ` - '" reporting and monitoring of and city commissioners resigned. ' ` the steep slope of cut off beach Property values fell sharply m the TOP: Workers prepare the at the shoreline, called an recession, and crime is perceived escarpment. problem. concrete cap for replacement as a ro e amended the "We thopinion P of one of many seawalls P But interim Mayor Woodrow damaged during Hurricane we did in September 2011 Hay says recent events show Sandy along the beach in ,,' ` *'i 4' :. for the planned beach Boynton Beach is getting Its act Manalapan. 'r` . renourishment," said Jeff Howe, together. ABOVE: More than 150 nr _ . - biologist with the U.S. Fish and The City Commission filled two truckloads of sand were '-.Tf' o r - t Wildlife Service in Vero Beach, : vacancies and gave a permanent hauled to the north end r,,; !' : Y- 6 ms r who is working on the Delray job to Lori LaVerriere, who had of Delray Beach. A massive '=� ..- ... .- - ;L %� '; Beach project. been interim city manager for 18 Project to pump in sand u a ' " _ " will have to do earl starts in March. ` . = r + y months, on Dec. 18. y t • morning sea turtle surveys," RIGHT: Sa dredged from ,, =� "We now have a full Cit } Y the Boynton Inlet will flow r --_" � t he said, giving an example of Commission and a full -time :./ turtle monitoring. city manager," Hay said. "So the through these pipes to a - The National Marine replenish Ocean Hammock stability is here. That problem has Fisheries Service has Park in Ocean Ridge. been resolved. - jurisdiction over swimming Photos by Jerry Lower/ - ;a, "Now we're working our tails The Coastal Star off to get people to take a second ��" See BEACHES on page2l look at Boynton," he said. City officials joined the Chamber of Commerce and the Community Redevelopment Agency on a Jan. 17 bus tour k - ' Everglades helps artist work through loss to show commercial real estate, - agents their downtown vision. �r ; ' - ,. :, By Mary Jane Fine with narrow balconies and white "They saw three agencies t gingerbread trim to offset its butter working together," Chamber Elizabeth Thompson's house is a yellow clapboard exterior. Chairman Jonathon Porges said proper Old Florida house, shaded If not for the ocean behind it, "The word is out that Boynton 4 by greenery, all- but - enveloped by the setting might be a jungle-y is open for business. The train is V, greenery — Tarzan wouldn't look Everglades, perfect for an artist who pulling away from the station and t ,: . ,y, Ilk ` _. - i _ _ out of place, swinging past on the has taken the 'Glades into her heart. we are all on board Elizabeth Thompson's painting, Undulation. vines that dangle from leaf - entwined On this mid- afternoon in See BOYNTON on page 33 Courtesy image banyans — a house bedecked See ARTIST on page 34 I! .e Smoking ban The stars are out Legislation may allow / It's the perfect time of year for Home tour towns to pass laws against . ' J stargazing, and our roundup This year's popular vc cigarettes on beaches. shows the best places to view Delray Beach event s Page 23 '' J ,f 4 the night skies. Page ATI showcases houses in the Seabreeze Avenue Municipal elections ° :� Around Town neinhhnrhnnrl C , ., a:a�.,. .....e i,-,. �,-,A - � . e - n,... D,,,.. -,.u. .......... .,. tip. ,.ia COASTAL STAB BOYNTON a NE r Ave Continued from page 1 z NE6Ave. 1 Boynton, like Boca Raton, Key locations of Boynton a Z doesn't have a historical Beach downtown plans t $ ` Boynton Avenue in Delray Beach. — • B each "We're starting from Ur 1 The old high schoo y � scratch," CRA director Vivian 2 Proposed train station NE 3Ave. NE3rAve. 's /r. Brooks said. "Ocean Avenue 3 The Promenade Boynton Beach Blvd. aii goes right to the beach, so we're 4 Former Bank of America Rid n trying to capitalize on that." 5 Boynton Harbor Marina = , © g So far, Boynton's downtown 0 O E Ocean Ave has two pieces in place. Ocean Ave. The city has spent $6 million m to make Boynton Harbor ( a Marina a destination. Boynton SE 2 Ave i SE 2 Ave _ is the only downtown that has charter boats for deep - Downtown boundary as defin • • the sea fishing. Two Georges and Boynton Beach CRA. Bonnie La' - Seibert/The CQ istat Star Banana Boat are popular f nightspots. ' rir Young professionals rent 1r as a stimulus, but Holzman apartments that overlook says the proposal for Florida the marina. Although most �t ''' fi • East Coast commuter trains is commute to jobs outside the uncertain. j `" � , s ' L r * "They've been talking about to live and play F v city, at least they enjoy a place v ; 7 year that for 10 s, he said. We / • The other existing piece is _ can't plan around and pray for the towering Promenade condo something that may or may not project that opened on Federal .a ,• f happen. Highway north of Ocean M j . � So disagreement continues Avenue when the housing + Ji , ! and developers shy away at least market was collapsing four „C ' 7 3.. until after the election. years ago. The condos didn't r k , q "Political stability is sell and the project went into +' 0, d ', f, -` • .j, .' - _ important for investors. If you foreclosure. i -,-• t $ want to build a $100 million The Related Group took Or a building, you want to know control of the Promenade last s everything is going to be stable December, when only 72 of from beginning to end," Brooks the 395 condos in the 14 -floor = said. twin towers had been sold. a s ++,.. ,, Boynton leaders look south A company spokesman says A wrecking ball demolishes what remains of the Bank of America building on Federal Highway at to Delray Beach to see what Boynton is the only frontier Ocean Avenue in Boynton Beach in January Tim Stepien/The Coastal Star they can only wish that their left for growth near the water." downtown could be. Now some city leaders are weather the political winds, to overcome because people like Holzman has led the push "Delray has been able to focusing on two more key their projects will go through my opponent had no vision," to make the old high school a achieve continuity of vision," pieces — an old high school smoothly" Holzman said. "Boynton has downtown attraction. Brooks said "We haven't had and a proposed train station Boynton Beach might need allowed other cities to leapfrog "The success of that project that here." — to bring people into the to get past its March 12 city over us because of missed is so vital to create life in an Holzman said developers downtown and stimulate new election before developers opportunities, terrible decisions area that has none. We should will only invest if they know residential development. believe Boynton leaders are and no planning!' do everything in our power to what the city envisions will be The abandoned high school unified in their downtown Taylor disputes that: "He's make it a rousing success," he built around their projects. would become Ocean Avenue's vision. wrong when he says I held them said. "I would love to see our western anchor to create a Commissioner Steven back. He doesn't realize that I But Taylor wants a City Hall downtown as a place to live, downtown that extends west of Holzman opposes put together the master plan." on the site. "I will build a new work and play — but we have Federal Highway. Commissioner Jerry Taylor in The owner of the former City Hall with the facade of the to be realistic," Holzman said. The vision is for the rebuilt the mayor's race Bank of America site has told old high school, if that's what "Maybe we could be a smaller school as a destination similar Holzman says Taylor, a Brooks that he doesn't want to everyone wants," Taylor joked version of Delray." to Old School Square in Delray former mayor with 10 years on develop his property. "But I'm before commissioners split 3 - 2 Beach with restaurants, retail the commission, contributed to working with him," Taylor said. on whether to go ahead with The three -part Live Work and a banquet hall. The city downtown problems. "He's supporting me big -time the high school project on Feb. Play series o available online at has signed a contract with an "We have very big problems in my campaign" 5. Taylor sees the train station www.thecoastalstarning.com. architect who is trying to get ' financing for the project. LaVerriere describes the Amazing commuter muter train station Avenue and Oceanfront Bank United. and Boynton ton Beach Boulevard on Fourth Street as a p f e Free Manicure' , Building "transforming moment ' for the Offices! ' downtown, if it is built. • 1 with Ad 1 Another key property if 410 • i • Style Bar Day Spa Boynton's downtown is to come ` ♦ alive is the site of the former & Hair Bar Bank of America building ` — — •••• - on the northeast corner of • South Ocean Pharmacy Ocean Avenue and Federal Highway. A major project there •. • • In Town P hysical Therapy would be a centerpiece for - ° redevelopment much like the " • Century 21 proposed Atlantic Crossing in ° p ar wet Delray Beach and Archstone ■e «' a , 1 a>. r a Palm Beach Executive Center in Boca Raton, developers and .s. 'V supporters say. `— Boynton just needs to :if r _ Welcome to your new persuade developers to take a neighborhood destination. chance. 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G w • tc > 4 a = C •C MI Cg w oo � y C a y2 a � • 3 • i C Y O 4� W V • W 7 L M C E CO C v 'O Q y O Cp >+ t o ..c) 0 m Q V L i- W V 7 a, c C C9 o . :h1 C Cd 0 W V d v .E p _ oO o U L S; BOYNTON =BEACH CRA BOARD MEETING OF: March 13, 2013 Consent Agenda %1 Old Business New Business Legal Information Only SUBJECT: Consideration of Adoption of Special Events Grant and Aid Program and Application Process SUMMARY: The CRA is frequently asked to provide financial support for events by non - profit and private groups. While many of these events are for worthy causes, they often do not meet the legal litmus test for CRA expenditures since they are not held in areas where the CRA has invested in infrastructure and improvements like Ocean Avenue. However, some groups can create events that bring large numbers of visitors to the downtown area, increase awareness of downtown Boynton Beach and help to create a positive image for the downtown. Given that the CRA event staff consists of one person, the number of CRA events that can be initiated and implemented over the calendar year is limited. Encouraging non - profit and other groups to hold their events in the downtown area where the CRA has invested in improvements will increase activity and options for visitors to the area. Commissioner Segal found a program from the Titusville CRA that provides financial support to special events for non - profit and other groups. Staff revised the application and guidelines to make the program compatible with the goals and objectives of the Boynton Beach CRA (See Attached). By utilizing a uniform process to select which groups to fund, the Board can ensure that the CRA funds are used pursuant to FSS 163.3 and the Downtown Vision and Master Plan. FISCAL IMPACT: Staff recommends allocating $5,000 for FY 12/13 under a separate agenda item. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Staff recommends approval of creating a Special Events Grant and Aid Program and Application Process for providing funding to non - profit and other groups to hold events within the downtown area. u/a ./ 4 Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013 \Special Event Application.doc y 4 :L 0 ...IF fps �m �. iC e k .. .. ., ,,, ,--:, ' . _ _ ,,) j ...4-. ,; .„! ;4r- -., ,, .. . ,-,. ,..„ , 1 yl * M �p F3 �' ` ,'° ` "` { ■ ��� 1:-2 ..�`�, Ted � t� A � ..� { 7 /lidia t - - -._- i ' l • ' ,fi g 1 ` v- 1 r ■ I1 y1,!`. J . e 't ` t ' . .bey , +! LLL i���!��� e$44 * � C 1 a,t RF a r , , ,_ § � 1, f i l S, e J .. ,4 , m „ ' d s ti } d 1' 1, , W � w” Sri ! 6' C s,' , �� m J , O � �. ,� Ss - � '''« ,'., 7 ' t• � � d 1 " K 7x m Z — 1 City of Boynton Beach > Downtown Vision Master Plan m z February 2008 n & -G Prepared for Boynton Beach Community Redevelopment Agency 104 3 C I YI X IT P I NtRiAt lib E211 Seto -Wm Siee-Scn de ...enhance r rn • N Z Z O Z = Z 7 Dq a ? y K g U g g 8 8 8 U U U U • § 2 g o E os v 111 E d o $l o y CD • U 11 1 1 a o Q il l m Ei 0 } t to o C o c n o € tE o lgi, 1 8 O G 'J m 12 6 ,.2 _ (§o Al 41. g S 3 g if i I I N 1 N . 1 N a :? • is 3 - BEACH CR Boynton Beach Community Redevelopment Agency Special Event Grants and Aids Guidelines, Application and Evaluation Forms Mission The CRA established a Grants and Aids Program to assist existing businesses and organizations in generating positive regional publicity for Downtown Boynton Beach and to help establish and promote worthy community and business goals intended to increase the flow of business and tourism dollars into the downtown area. The CRA will consider funding applications from the private sector as well as non-profit agencies. Funds will be allocated based on the individual merit of each project and on a first - come first- served basis. Eligible Organizations To be eligible to apply for CRA funds a non - profit, tax - exempt, Florida Corporation must provide the following information: a. Incorporated or authorized as a non - profit Florida corporation in good standing, pursuant to Chapter 617, Florida Statutes a minimum of two (2) years prior to application deadline date; and, b. Headquartered in Palm Beach County a minimum of two (2) years as of application deadline date; and c. Designated as a tax - exempt organization defined in section 501(C) (3) of the Internal Revenue Code of 1954, as amended, a minimum of two (2) years prior to application deadline date. CRA downtown businesses that do not meet the criteria for non - profit organizations (above) may be considered. Information as to the history and purpose of the organization must be provided, as well as rationale supporting the ability of the organization to coordinate the event, meet the mission of the CRA and an explanation of the use of any CRA funds. The CRA may require additional stipulations on the use of CRA funds for businesses that do not meet the criteria for non - profit organizations above. Individual merchants or a group of downtown Boynton Beach merchants are also eligible for assistance where it can be demonstrated that the event will have a significant economic impact to businesses within the downtown area. Potential impacts shall accrue to businesses greater than Page 1 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 —Phone 561 -737 -3256 Fax 561- 737 -3258 the number and kind of businesses coordinating the event; that is assistance shall not be granted for events that benefit only those businesses applying for CRA funding. Private sector organizations may be eligible for assistance when it can be demonstrated that the event will have a significant economic impact to merchants within the downtown CRA district, and when at least fifty percent (50 %) of net proceeds are distributed to non -profit organizations. Procedure 1. Applicants obtain and complete an application. 2. The applicant must attend a meeting with a CRA staff representative to review application prior to CRA Board submittal to assure compliance. 3. Applicants are required to submit requests no later than three months prior to the planned event. For FY 2012 -2013, all funding requests will be eligible for review if the event is no less than six (6) weeks from the date of approval by the CRA. 4. If the event and the applicant meet the eligibility requirements as outlined, CRA Staff will make a potential funding recommendation to the CRA Board based on the merit of each individual project. 5. Approved applicants will be invited to answer questions from the CRA Board at the next scheduled meeting. 6. Funding will begin in the new fiscal year starting October 1st annually. 7. Awards are granted at the sole discretion of the CRA Board. 8. CRA funding shall: • be made on a reimbursable basis only • not exceed 30% of the event budget • be supported by event receipts for eligible expenses as outlined in the Guidelines. 9. Maximum funding per event, per group, per year is $5,000.00 for a maximum of three (3) years. 10. The CRA Board may consider an additional three years of Grants and Aids Program support to an event if the event is substantially expanded and proves to be of economic benefit to the downtown area. 11. Applicants will receive notification by mail of the CRA funding decision within two weeks of the meeting. Page 2 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchboynton.com 12. CRA funds will be disbursed upon deliverance of appropriate receipts, the completed evaluation form, photos and all documentation for actual costs incurred. Funding Request Criteria Applications will be considered & ranked, based on the following factors: 1. Extent to which the project has publicity potential, with a ranking for local, state, regional and specific markets that will be targeted. 2. Extent to which the requesting organization has identified how the activity will enhance the economic vitality of the downtown CRA district. 3. Reasonableness of total project cost and the percentage of funding requested of the CRA. 4. Identification of other private and public funding sources that have been realistically identified and for which application has been made. 5. Strength of organizational capacity and experience of the organization and event (if applicable). 6. The event does not replicate other events or is not similar to another event in type of entertainment, theme, timing, and /or target audience /participants. 7. Proposals will be reviewed by CRA Staff and sent to the CRA Board of Directors for approval. Required Information All proposals for, funding must be accompanied by a complete application and the following attachments. 1. Projected budget for the program, and samples of collateral materials or marketing efforts in Excel format showing sources and uses. 2. A complete listing of the organization's current officers and directors, including addresses and telephone numbers. 3. Samples of evaluation tools and results from prior year(s), if applicable. 4. One copy each of the following documentation: a. IRS Determination letter; and b. Florida Department of State, Division of Corporations Detail by Entity Name Report; and c. Most recent Form 990 and Schedule A or 990EZ. d. Form W -9 — Request for Taxpayer Identification and Certification Page 3 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 5. Demonstration of the ability to provide the following: a. Insurance for the event b. Appropriate support — such as lighting, street closures, portable toilets, volunteers, etc. 6. Must provide to the CRA proof of all requirements for event and permit completed at least thirty (30) days in advance of the event or funding is forfeited. Event Costs That May be Funded 1. Promotional activities and advertising. 2. Mail outs and flyers. 3. Special Event Insurance. 4. Tent Rental. 5. Port-O -Let Rental. 6. Traffic Barricades. 7. Entertainment. 8. Sanitary Services. 9. Security Services. Prohibited use of funds 1. Operating expenditures including salaries or other compensation. 2. Professional services including but not limited to legal, medical, engineering, accounting and auditing. 3. Prize money, scholarships, awards, plaques or certificates. 4. Tangible personal property. 5. Interest or reduction of deficits or loans. 6. Travel expenses. 7. Alcoholic beverages. Page 4 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchboynton.com B YNT -71 'r =BEACH Boynton Beach Community Redevelopment Agency Special Events and Promotional Assistance Application Date Submitted Date Approved Name of Business or Organization Address — - -- City and Zip Code Contact Person/Title Phone Projected Budget Amount Requested Estimated Project Start Date Estimated Project End Date Has this event received past CRA funding? If yes, please provide the year(s) of assistance and amount received. Please provide the following information as part of the application packet. 1. Projected budget for the program 2. A complete listing of the organization's current officers and directors, including addresses. telephone numbers 3. Organization's most recent IRS filing (unless the organization is less than one year old) 4. Fictitious Name filing 5. Listed application question responses. 6. "Required Information" as outlined in the Guidelines. Signature of Organization's Chief Official: Print Name: Title: Page 5 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 Please complete all the following questions in the space provided. Attach additional sheets if you need more room. 1. Describe the event and target attendees. What aspects of the event make it a good candidate for CRA funding? 2. Explain the extent to which the project has publicity potential and identify the markets-- - local, regional, state, national specific -- -that will be targeted. 3. Identify how the activity will enhance the economic vitality of Downtown Boynton Beach. 4. What other funding sources have been identified, requested, or obtained? Page 6 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchboynton.com 5. Explain the total project cost and how funding from the CRA will be utilized. Indicate what percentage of the project the CRA funds represent. If there are net proceeds from the event, how will the proceeds be utilized? 6. Provide a brief summary of the history of the organization and event for which the CRA funds are being requested. Include number of years of operation, number of years the event or program has taken place, the goals of the event and previous outcomes. 7. If this is a new program /event, please explain the long -term goals and desired outcomes. Page 7.0f 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561 -737 -3258 BOYNTON cRA =BEACH Boynton Beach Community Redevelopment Agency Special Events and Promotional Assistance Project Evaluation and Payment of Funds Each event applicant awarded funds by the CRA must submit a completed Event Evaluation Form, Profit /Loss Statement and eligible event receipts within 30 days after the final date of the event. Failure to comply will result in the withdrawal of the award. If you find that, you are unable to submit the Event Evaluation Form within 30 days due to vendor billing dates, contact a CRA representative. Project Description/Name: Date(s) of the Event: How many times has this event been held? Estimated attendance: Estimated economic impact to downtown merchants: Briefly explain the methodology for determining economic impact: Total expenditure for this event: Amount spent on advertising: How were the CRA funds spent? Note: All eligible event receipts must be included with the Project Evaluation and Payment of Funds form. A cover sheet including: date of expense, vendor, amount, description of service must accompany all eligible reimbursable event receipts. Media used for paid and sponsored advertising: Area of impact for paid/unpaid advertising and publicity: 10 -mile radius Yes No Page 8 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 —Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchboynton.com 50 -mile radius Yes No 100 -mile radius Yes No Statewide Yes No National Yes No Was there an excess of revenue over expenses generated from this event? If so, how much? Please include a Profit/Loss Statement for the event Signature: Print Name: Title: Page 9 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561- 737 -3256 Fax 561- 737 -3258 war se t t 1- - . - G j . 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Jg -- BOYNTON CRA =BEACH CRA BOARD MEETING OF: March 13, 2013 Consent Agenda Old Business New Business Legal Information Only SUBJECT: Consideration of Funding of Special Events Grant Program Up to $5,000 for Remainder of FY 12/13 SUMMARY: If the CRA Board approves the creation of the Special Events Grant and Aid Program staff recommends funding the program $5,000 for the remainder of the fiscal year. Staff will bring all applications for funding for consideration and approval. FISCAL IMPACT: $5,000 from Project Fund Contingency CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Staff recommends funding the Special Events Grant Program $5,000 for FY 12/13. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013 \Funding Special Events Grant.doc BOYNTON c =BEACH CRA BOARD MEETING OF: March 13, 2013 Consent Agenda X Old Business New Business 1 Legal Information Only SUBJECT: Consideration of Entering into a Contract Agreement with West Construction, Inc. for the construction Boynton Beach Marina Landscaping & Signage Project located at 222 N. Federal Highway. SUMMARY: At the regular meeting held on January 8, 2013, the CRA Board approved the issuance of an Invitation for Bid document in order to sblicit cost proposals from qualified firms for construction of the Boynton Harbor Marina Entry Signage & Landscaping Project (see Attachment 1). Based on the five bid responses received by the deadline of February 4, 2013, the CRA selected West Construction, Inc. as the general contractor to construction the project (see Attachment II). West Construction, Inc.'s cost proposal for project as designed and released under the Invitation for Bid was $96,465.00. The CRA Project Fund budget balance for completion of the project is $95,045.00. CRA staff and the design prdfessional from Kimley Horn & Associates, along with staff from West Construction, Inc. have met to review the current design to identify any additional items which could be altered to further reduce the overall cost of the project. As a result of this cooperative effort, the revised project cost as presented in the attached Contract Agreement, Schedule of Values is $94,615.58. Total construction costs including a ten percent (10 %) contingency is $104,078.00 If Board approved, the contract agreement (see Attachment III) will be executed by the CRA and West Construction, Inc. and the Notice to Proceed will issued after the contract is executed. The duration of the project has been established as 120 days from the Notice to Proceed which places project completion anticipated by the end July 2013. The contract agreement has been reviewed and approved by the CRA Board attorney as presented. FISCAL IMPACT: • Contract cost of $94,615.58 plus 10% contingency for a total of $104,078.00. • Source of funds: Project Fund Capital Outlay #02- 58200 - 402 - $94,616.00 and Project Fund Contingency Account 02- 58100 - 202 - $9,462.00. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, Marina Master Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve entering into a contract agreement in the amount of $94,615.58 with West Construction, Inc. for the construction Boynton Beach Marina Landscaping & Signage Project located at 222 N. Federal Highway. Michael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013 \West Constr Contract apprvl BHM Landscape & Signage.doc ATTACHMENT I a # x ttc ;, 1 ' A �k ` ' / ,� _ 11 / a - \'i w v r - ' - t ''` �:' ,� LA • . , 1 Q 4, Q 0 o is i 1 •-� 0 4, ,� L a d y e:= Q U . /f y 41 4 ;4 a ro c • N. ' n "1- -t 1. ✓ • r - ' •,-, an �1 r'� ..t J Q 0 O S K M me ` 2 a . O _.a 4••' v /� i d ; rill �I 0 Ly" 4- � w - rte( 3 0 a A .r l 1 ' 1 r' , U a r , , . I J et a .3 '. !kit S is / , CS %� _Si x � a cS � di i , ° , ' NM 41- Lt. Z CS a , N N , -.y 1 j ` •, Q U Zi �� - J —. t V J p i , t • , s + ° < J o f F co N �c o X (1 LL1 Q • M ` IS la) X tr. U J II V : — i . kV, 15 �[f - 1 . :. > 1k Cs PQ . - 0 w M CO . - a 1 1 r- •� • 0 � J pp J ' :.-. PQ y _ s v u a • 1 1 i� A• u- Q U) , 0 (1.) Pp 0 • L t C 1 BOYNTON icRA =BEACH The Boynton Beach Community Redevelopment Agency (CRA) will accept sealed bids for the landscape, signage, electrical and lighting project listed below. The CRA will review bids submitted for the project until the submission due date of 4:OOpm, Tuesday, February 4, 2013 in its office, 710 N. Federal Highway, Boynton Beach, FL 33435. Invitation for Bid documents, construction plans and specifications must be obtained from the CRA office or website at www.bovntonbeachcra.com. The CRA will accept bids submitted by licensed General Contractors, Landscaping firms, Electrical Contractors, Signage Companies or Irrigation Companies, or other qualified individuals or entities. A bidder is not a responsible bidder if: 1. They do not hold the requisite license(s) to apply for and obtained permits required for the work, and 2. They have not completed three (3) or more entryway signage /landscaping or similar projects for a public entity, homeowner /condominium association or developer within the past forty -eight (48) months. INVITATION for BID For the BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Project location: 222 N. Federal Highway (vacant parcel at the SE corner of N. Federal Highway and E. Boynton Beach Boulevard), Boynton Beach, FL Cost Bid Issue Date: Thursday, January 10, 2013 Cost Bid Submission Date: Monday, February 4, 2013, 4:OOpm The Board of the CRA reserves the right to accept or reject any bid. A submission that is not timely is not a bid and will not be opened or reviewed by the CRA. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the CRA's Reception Area is the time of record. INTRODUCTION and BACKGROUND The January 2009 Boynton Beach Downtown Master Plan has identified the Boynton Harbor Marina and marina business as an important part of the City's history and eastern anchor to the downtown. As the first Phase of a multi -phase project, the CRA completed the construction of the Boynton Harbor Marina Entrance Tower Feature and Landscaping project at the southern Page 1 of 19 • entrance to the marina area located at the corner of NE 6 Street and Casa Loma Boulevard in September 2011. This Entry Tower Feature acts as an iconic feature creating a sense of arrival that did not previously exist at the marina. The intent of the Boynton Harbor Marina Signage & Landscaping Project is to create a smaller scale signage element and provide enhanced landscaping on the CRA's property located at the northern entrance to the Boynton Harbor Marina area. This corner is very visible to travelers on both Federal Highway and East Boynton Beach Boulevard but currently there is no signage or indication that the Boynton Harbor Marina can be accessed by continuing easterly on Boynton Beach Boulevard. The Boynton Harbor Marina Signage & Landscaping Project will attempt to provide consistent and thematic elements at both entrances to the marina area furthering the CRA's economic redevelopment efforts. 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency (CRA) is accepting sealed bids for the selection process and to enter into a contract with a qualified individual or entity to provide and complete construction, installation and services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1.1 General Information The Project documents available from the CRA constitute the entire project that is the subject of this bid invitation. 1.2 Scope of Project Work Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by Kimley -Horn & Associates, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work) includes but is not limited to the following: 1) Signage Element and thematic fencing. 2) Landscaping. 3) Irrigation. 4) Lighting and electrical See Attachment "A" Construction Documents last dated October 25, 2012, (available online at the CRA's website, www.bovntonbeachcra.com or on disk at the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The construction documents supplied by the CRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to Owner and formal approval issued by the Owner. The successful bidder must provide all storage of materials, either onsite as approved by the Client or offsite as needed. Page 2 of 19 1.4 Personal Investigation and Obligation of the Bidder(s) Each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and construction documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.5 Project Delivery The completion date for construction is anticipated to be no later than 120 days from the issuance of the Notice to Proceed, unless a different negotiated date is agreed upon. 1.6 Type of Contract Any contract awarded from this request for cost bid will be negotiated with the successful Bidder and in a form approved by the CRA Board attorney. 1.7 Direction and Management The scope of work of this Project will fall under the direction and management of the CRA or its designated representative or agent. 1.8 Contacts A. Questions regarding this Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Development Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 737 -3256 or email: simonm@bbfl.us Answers to written questions shall be maintained in the CRA project file and are available to all bidders to review. B. Questions regarding the Construction & Design documents may be directed, in writing, to: Kimley -Horn & Associates, Inc. Attn: Jonathon Haigh, PLA, ALSA 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 P: (561) 840 -0233 F: (561) 863 -8175 or email: ionathon .haigh@kimley- horn.com Page 3 of 19 Answers to written questions shall be maintained in the CRA project file and are available to all bidders to review. 1.9 Submittal Deadline The CRA will accept bids at the location listed below until 4:00 PM Monday, February 4, 2013. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be returned to the Bidder unopened. 1.10 Submittal Location The Bids must be received in the office of the CRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.11 Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is required. In addition, one (1) digital copy of the Bid in PDF format on CD/DVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to Boynton Harbor Marina Signage & Landscaping Project Invitation for Bid Date Issued: January 10, 2013 1.12 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.13 Public Information Statement The CRA considers all information, documentation and other material submitted in response to this solicitation to be of non - confidential and/or non - proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.14 Clarifications and Interpretations 1.14.1 Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than 5:00 pm, Monday, January 28, 2013. Answers to questions will be provided no later than 5:00 pm, Thursday, January 31, 2013. 1.14.2 Clarifications or Interpretations Any clarifications or interpretations of this INVITATION TO BID that materially affect or change its requirements will be issued by the CRA or its representative as an addendum. All such addenda issued by the CRA before the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Attachment "B" Addenda Acknowledgement. Page 4 of 19 1.14.3 Addenda Bidders shall consider only those clarifications and interpretations that the CRA issues by addenda at least five (5) business days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the CRA and should not be relied upon in preparing the Bid. 1.15 Obligations of Parties 1.15.1 Assumed Requirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the CRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1.15.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a cost bid that any and all costs incurred by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1.15.3 Reimbursement The CRA will not provide compensation to Bidder for any expenses incurred for cost bid preparation or for any presentations made. 1.15.4 Award of Contract The CRA makes no guarantee that an award will be made as a result of this INVITATION TO BID, and the CRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any item /requirements from this INVITATION TO BID or resulting contract when deemed to be in the CRA's best interest. Representations made within the Bid response will be binding on Bidder. 1.16 Completeness of Bid 1.16.1 Completeness Bidder(s) should carefully read the information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.16.2 Conditional Clauses Cost bids which are qualified with conditional clauses, or alterations, or items not called for in the INVITATION TO BID documents, or irregularities of any kind are subject to disqualification at the option of the CRA. Page 5 of 19 1.16.3 Compliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.16.4 Rejection Bids submitted after the Submittal Deadline will be returned unopened. 1.17 Withdrawal or Modification A cost bid may be withdrawn and resubmitted any time prior to the time set for receipt of bids. Outside of the approved negotiation process, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid may be withdrawn after the Submittal Deadline without approval of the CRA which shall be based on Bidder(s)'s written request stating reasons for withdrawing the bid that are acceptable, in the CRA's sole discretion. 1.18 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the CRA; however, the CRA may return all other Bid information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the bid pricing information requested by CRA is provided. 1.19 Validity Period Bids are to be valid for the CRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Bid, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.20 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Bidder(s) Acknowledge and Compliance Certificate. 1.21 Tentative Schedule of Actions 1.22.1 Release of Request for Bid January 10, 2013 1.22.2 Bid Submittal Deadline February 4, 2013, 4:00 pm 1.22.3 CRA Board Meeting Presentation February 12, 2013 1.22 Execution of Agreement 1.23.1 Offer of Contract Upon selection of the successful Bidder(s) by the Board of the CRA, the CRA will extend to said Bidder(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by CRA in negotiations. Page 6 of 19 1.23.2 CRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract, and can identify to the CRA in writing negotiated terms that were omitted, the CRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). 1.24 Bid Format 1.24.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the CRA. 1.24.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the questions identified in Section 3 will be used by the CRA for evaluation. 1.25 Public Entity Crimes 1.25.1 Legal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will in no way be a cause for relief from responsibility. 1.25.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "D" Public Entity Crimes Statement 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder(s)'s Qualifications — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 2.2 Bidder(s)'s Location and Registration Name: — Street Address: -------_---____-- Page 7 of 19 Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'s Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party currently or in the past two (2) years, providing state, case number and disposition for each. 2.3.7 Safety History 2.3.7.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. Page 8 of 19 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization 2.4.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement of Relevant Construction Experience. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "N /A" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 2.7 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.8 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.11 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors. CRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of CRA, will be in the best interest of and /or most advantageous to CRA. CRA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Page 9 of 19 Contracts of a similar nature on time, or is not in a position to perform properly under this award. The CRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into aConstruction Services Contract, that they shall periodically throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the Project. 2.12 Drug - Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its bid the attached certification, Attachment "G" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non - responsive. 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Bid along with a breakdown of costs per Construction Division for the project scope the Bidder(s) will responsible for undertaking. The scope of the Bidder(s) work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 3.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. 3.3 Self Perform Identify all work your firm would propose to self - perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. Page 10 of19 ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications may be obtained online at www.boyntonbeachcra.com or on CD /DVD disc from the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. 11 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT `B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the GENERAL CONTRACTING, LANDSCAPING, IRRIGATION and SIGNAGE SERVICES CONSTRUCTION COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No. 1 Date No.2 Date No. 3 Date No.4 Date No. 5 Date Bidder(s)'s Signature Title 12 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Release Date: January 10, 2013 Project Title: BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Bid Received By: Monday, February 4, 2013. Bids must be received in their entirety by the Boynton Beach CRA no later than 4:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Bid receiving date and time is scheduled for Monday, February 4, 2013, NO LATER THAN 4:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: ( ) - Fax Number: ( ) - Mailing Address: _ City: State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) 13 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "D" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Bidder(s)'s Signature Title 14 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. Name of Bidder(s): _ 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work performed by your company: 7. Enclose evidence of possession of required licenses and /or business permits. * 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). * 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * Yes No 12. Experience in performance: Project $ Value Contact Name Phone # $ 15 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Issuance Date: January 10, 2013 Bidder(s)s Name: Name /Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 16 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "G" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Bidder(s)'s Signature ------------- - - - - -- Title - - - -- -- 17 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT "H" COST BID Project Title: BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Name of Bidder(s): We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract Documents. Having studied the documents prepared by: Kimley -Horn & Associates and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Bidder(s) agrees to cornmence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. One (1) Original, one (1) unbound copy and one (1)CD/DVD of bid submitted Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and /or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Bidder(s), by and through the submission of his Bid, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, 18 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder(s), Corporation, Firm or Individual By: — Signature Printed /Typed Name -- - -- Title — Telephone Number Florida Contractor's License Number: H:\ GOV CLIENTS\BB CRA 302 \Final ITB Marina Signage Landscaping 01.03.13.doc 19 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project ATTACHMENT II F r O �.o - .o -o �:av-o v i 0) n Q c o co G- ` C ,C " 6 _ C . 0 , C , C . 0 . 0 , C .C_ .r" ; 10 T3 (n U U Z3 T3 - -o - o "a - o V V O TS .� N "O v 0) C) C Q1 N CU 0) Cl.) 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C L L L d N O m 01 L m m c -J I-- LL Ce CO v, = D_ (n W _ U' ` ■ Response to Boynton Harbor Marina Signage & Landscaping Project Invitation for Bid Date Issued: January 10, 2013 Submitted By: Construction, Inc. 318 South Dixie Highway, Suite 4 -5 Lake Wortli, FL 33460 Prepared For: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 February 4, 2013 4:00 PM Table of Contents Bidder's Location and Registration Bidder's History Organization arid Project Personnel Qualifications Organizational Chart Relevant Construction & Project Experience Attachment °`E" Safety Program Quality Control Prograrn Schedule Achievement Program Bar Chart Schedule Subcontractors Attachment "F" Drug Free Workplace Certification Attachment "G" Pricing and Coss Attachment "Ir Additional Information _ .............,...... o w�n�rnoiur= Dor1. 1 INVITATION FOR BID TAB 1 2.0 BIDDER(S) QUALIFICATION 2.2 BIDDER(S) LOCATION AND REGISTRATION Name: West Construction, Inc. Street Address: 318 South Dixie Highway, Suite 4 Mailing Address: 318 South Dixie Highway, Suitp.4-5 City, State. Zip: Lake Worth. FL 33460 Telephone No.: 561-588-2027 Fax No.: 561-582-9419 Email Address of Contact Person: mainorgan64westconstructioninc.net Federal Identification No.: 59-1809068 State of Incorporation & Registration No.: Florida / 555487 If not a corporation‘ explain your status: _N/A RA • RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT INVITATION FOR BID DATE ISSUED; JANUARY 10. 2013 rAH2 2.0 131PDER(S) QUAI.IHCATION 2.3 BIDDER(S) HISTORY 2.3.1 Bidder(s)'s Owwnership Status Is the company currently for sale or involved in any transaction to expand or to he acquired by another business entity? If ycs. please explain the impact to organization and management efforts. No 2.3.2 Age of Organization In continuous business since: 1969 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. Ifa publically heal company list Chairman of the Board, CEO, and President. Martha A. Morgan, President! Treasurer Matthew F. West, Vice- president / Secretary 318 South Dixie Highway, Sulte 4 -5 Lake Worth, Ft. 33460 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. V,/est Construction, inc. has never defaulted or faied to complete any project, 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. North County Atrpark Hangars E & f Owner: Palm Beach International Airport Project Description: Construction of (2) concrete block & steel buildings. The buildings irr . eluded one -piece hangar doors & restrooms, Site work included aspha':t paying, water, sewer, grading, & storm drainage Liquidated Damages: $132,369 Nova Blanche Forman Elementary School for the SBBC (School Board of Broward County). This project was extended by 226 calendar days as a result of added work ;,terns, u.r - side inspection agencies (Broward County Engineering aid "DCT), and coicealed conditions. The School Board found that the unanticipated delays and additional work items resulted in 215 calendar clays and charged West for the additional 11 days to final completion, The charges were $1.000.00 per Calendar day for the 11 days &arum" comet Don ICCT 1 IidViTATIMI Ft]R RID TAB 2 2.0 BIDDER(S) QUALIFICATION 2.3 BIDDER(S) HISTORY 2.3.6 legal Actions 1 .ist all civil and criminal legal actions in which your organization was a named party currently or in the past two (2) years, providing state, clue number and disposition for each. West Construction, Inc. strives for conflict resolution, with both Owners and Subcontractors on every project We know any miscommunication needs to be addressed in a timely manner. Experience has taught us that open communication and r;lose monitorii g of our projects has enabled us to avoid and/or settle disagreements immediately. However, as with any bJsiness, litigation is solne:intes unavoidable. We have listed be ow our live-year claim informalbn. Also, in 2009, West agreed to retrain from bidding Pain Beach Couity work for a period of 18 months. erdinc November 22, 2010. This agreement was the F resolution o' a disagreement with Palm Beacn Ccunly relating to nn S'3E re- certification issue &TA SUMMARY Closed Kilpatrick Irrigation v West Con- Settled in 2007 struction, Ire. In 2006, West Construction Closed Gay Williamson v City of Lake Inc. was one of 2 defendants Worth in a claim made by Gay Wil- liamson, The case was dis- missed after a hearing. Closed Pavers & Stone v West Dismissed in 2010 for lack of Construction, Inc. prosecution. Appealing William Bart Zeigler v West Product Liability. Chinese dry - Construction, Inc. wall unknowingly utilized. - Plaintiff would not perform ■ () enlPendiny Bern Brite Electric v West Con- required scope cf work so struction Inc. West had to (Ind another sub- contractor. West Construction, Inc. is appealing the charge the utis- Appealing Iurid-& Blacktop v l es1 (:nn ized a doter amount on bid sir action, Inc from tiis subcontractor then went on to engage another firm for the project. 2.3.7 Safety History 2,3.7.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (I.MR) for the last three Years ns obtained from your insurance agent. 2009 2010 2011 1.43 1.1 .04 li g Elf 3 P RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT / INVITATION FOR RID DAM LSSIIFn• JANUARY In Jn1n TAU3 2.0 BIDDER(S) QUALIFICATION 2.4 ORGANIZATION & PROJECT PERSONNEL QUALIFICATIONS 2.4.1 Organization 2.4.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals anti Quality Control. If individuals are not full tine, indicate estimated percentage of time dedicated to the Project. On the following pages we have ircluded an organizational chart related to this project. Oj proposed staff has the relevant experience aid skill :o perform all activities associated with a signage & landscaping project such as this. they have successtu ly implemented safety programs, quality control, MBE and LEED programs. More importantly, they are adept at marina work, utilizing tried and true practices to make a project successfu . Their communicative nature will go beyond estab isheti pararnete typical of a contractor and Owner, They will keep the CRA advised of the project schedule and costs at all times. Their knowledge with costs associated with projects of this type will be instrumental to all aspects el daily project management. .. r� -- -- rlA P.•• cmn_uwn_C O. 1 ALInfteleolkin PF?OJFCT 1 INVITATION FOR BID TAR 3 2.0 BIDDER(S) QUA! IFICAT1ON 2.4 ORGANIZATION & PROJECT PERSONNEL QUALIFICATIONS BOYNTON A ....BEACH CR 1 11 ■ Construction Executive' -- - -• -. - - Matthew West netruction Manager , Ch' is Capr.... Project Manager Eduard, [ts _ Quality Control Manager/ Superintendent . -. -. -.- -. -.- Safety Director Kurt Ku Jose Rivera di Office Support Staff Accounting EstuT at +ng , Protect Assistant I I We have given the Boynton Beach CRS. Major Subcontractors the best of the best for this project The proposed individuals will be committed ful -tine to this project with the exception of the QC Marager who will utilize 50% of his time on this project he office supaon staff is readily availabf.: to our on -site tear at a moment's notice The benefit with our office is the location We can be on -site quickly, ready to rc spin(' to any reed that arises II a l R ESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR BID !)ATE ISSUED: JANUARY 10, 2013 TAB 3 7±.0 BIDDER(S) QUALIFICATION .2.4 ORGANIZATION & PROJECT PF.R5ONNFl. QIJAI IFICA1'1ONS Matthew F. i r es[ t As Vice - Presiders' of West Construction aid Principal of West Architec- �( ture, Mr. West brings over 20 years of construction & architectural CGC, AIA experience to this Project. His diverse educational and project experi- Vice President / Principal in erica allows for a full understand ng of project delivery . In addition to his Charge respons bilities for overseeing the fern, Mr. West is involved in oversee - ing all projects. utilizing his skiNs and ahiIit,es to ensure the highest level of safety and project supervision . xp riencf r�C�jC °i t I'3;Fmz Total: 22 years Mitchell Moore Aquatic Center Pompano Beach, F o ids t rt :cdr -iltie 53.9 Million, 2,900 Square Feet rt Registered Architect Project Involvement: Project Executive State of Florida AR93859 Ft. Lauderdale Emergency Operations Center tiii ir,, Tlr..ret.dm. Cello Certified General Contractor Fora Lauderdale, Florida State of Florida CGCT b16626 w. $7,2 Millon, 22,775 Sq -tare Feet OSHA certified 10 -hour Safety Training Project Involvement: Project Executive tt SWA Maintenance Facility Bacholcr of Science in Architecture Pompano Beach, Florida Honda A & W University $1.8 Mil ion, 2,700 Square Feet it I.aJrrdtee CDC Bachelcr of Architecture - Project Involvement: Project Executive Florida Atlantic Univers ty North County Maintenance Building Prafesb;oi & West Palm Beach, Florida rue ' irr r : ; F ► , $ 2.4 Million Amer ccar Institute of Architects Project Involvement: Project Executive ' U.S Green Building council - South Florida Chapter Surfside Community Center Nee...r i.e., Associated General Contractors Surfside, Florid Lake Worth Chamber of Commerce $ 4 Million f ftn itlii Tr List for I'tisk:Fie Preset vatirxl Project ltivolverrent: Project Executive Nation Tiust for Historic Preservation Pompano Beach Community Park & Pool Pompano Brinell, Honda $3.3 Million, 2,900 Square feel r, pk Gun• prim envrs.: Froject levolverreni Project Executive Ortanique Close -out Pompano F3YHr,I , I Iu .d. s $,91FK , ft: Project Involvement: Project ITxecitive 6th Avenue Streetscape SNrGide Vilest. I•, (*cal Nompa Beach, Florida $56CK Project Involvement: Project Executive �: -- -- ---• -- ... e,.... mar. as e. n 1 Aunerne:man PWfl.1Pr`_T 1 INVITATION FOR BID j TAB 2.0 BIDDER(S) QUALIFICATION 2.4 ORGANIZATION & PROJECT PERSONNEL QUALIFICATIONS Ch ristopher Caprio Mr. Caprio has over 20 years commercial and private oonstruction experie - 1::e and possesses strong labor and operat experience He Operations Manager is committed to excellence in quality control and owner satisfaction He has performed :he role of Pruett Executive on several projects. As the Son or Project Manager he plans, coordinates, monitors, oontrols, and . closes out projects, He is In charge of all phases of the project life cycle, Experience Pirotject Experier. 4 16',"11/4 6,...1 , 'o:al: 27 years Surfside Community Center I' With West: 6 years Surfside, Florida .. l e1. r� 54 Million i '' ..I+ Education Involvement: Project Manag Bachelor of Science in Computer Science Mansion at 7ueltahoe 5.A.Yr C.4IDNd1 erne Me•cy College, Dobbs Ferry. NY Jensen Beach, Florida Union Corti`icat,on it Cr rpertry $3 1 Million 4 United Brotierhood of Careen- Project Involvement; Project Manager ters and Joiners of Ame - ica, New York, NY Young Circk Arts Park Amphitheatre Hollywood, Florida f rrr•rietttiAI* 52.9 Million v... sI T.r4.Mr Certified by the Project Management P roject Involvement Project Manager Institute (PMI) as a Project Management Environmental Services Department i Professional Delray Beach, Florida OSHA Safety Trained and Certified 52.9 Million Project nvolvement. Project Manager 1. .y furl Amnia Wi Ison Park Boyntor Beach, Florida r -- _" $6 Million, 14,000 Scuerc Feet Project Involvement Prcject Manager North County Maintenance Building . it Y.l West Palm Beach, Florida $2.4 Million r,nu.•nu i.J;n. Pt Froject Involvement: Project Manager ''' Mtller Park ��;Y , Delray Beach, l-lorrda - . $5.4 Mil ion Project Involvement: Project Manager Y. -. 1.... i• r. 1, Stuart Memorial Park Stuart, Florida 51.7 Million Project Involvement: Operations Manager In i 111- RESPONSE TO BOYNTON HAR9OR MARINA SIGNAGE & LANDSCAPING PROJECT I INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAB 2.0 BIDDER(S) QUALIFICATION ION 2.4 ORGANIZATION & PROJECT PERSONNEL QUA! !1' (CATIONS Eduardo Duran As Project Manager, Eduardo is responsible for coordinating and man- aging the necessary resources through the entire project from precon Project Manager struction through close-out. He will ensure that the project's expecta- tions and budgetary guidelines are met or exceeded. Eduardo pos- sesses strong labor and operational skills. He is committed to excel- lence in qua ity control and owner satisfactior. tarn!( r.t x pertt 1r F Seminole Ridge Community High School Total: 14 years t.oxahatchee, Florida With Wes!: 5 years 200.000 SgL.are Feel, $65 Million Project Involvement: Assistant Project Manager D.D. Eisenhower Elementary School 4n1 ECit #Ca3tt . Palm Beath Ga ~dens, Florida Bachelor of Science Degree in 138,00G Square Feet, $23 Million Building 1Constructior Project nvoivement Assistant Project Manager University of Florida - Associates of Art Degree in Pine Jog Elementary School Architecture - Vest Palm Beach, Florida Browarc Community College 137,000 Square Fee:, $30 M Ilion Project Involvement: Assistant Project Manager Nin.;Qv of R r Or) Meadow Park Elementary School Phase 4 Creclentiair West Palm Beach, Florida OSHA Trained & Certified Demolition and ball field construction LEER® Accredited Professional $2.1 Million Project levolrement: Project Manager Congress Middle School Phase 3 West Palm Beach, Florida ND `"'F " Demolition and ball field construction $2,1 Mil ion Project Involvement: Project Manages Gainesville Depot Historical Restoration Gainesville, Florida $1.5 Milliom, Complete Restolatioir lh F I nvalvetrent Project Manager Pahokee Marina, Pahokee, Florda Parking lot and dock master buildings t $1.5 Miilior: Project Involvement Project Manager _____.._. _....,.....�........,o.,n a■enww etn_►rar_c R. 1 ANIIRC:APIIJ PROJECT 1 INVITATION FOR BID TAB 3 2.0 HIDDER(S) QUALIFICATION 2.4 ORGANIZATION & PROJECT PERSONNEL QUALIFICATIONS J ose R. Rivera Jr. Mr Rivera provides leadership and management of company's Quality 1 , Control and Safety strategies. He has worked on projects cf all sizes CGC, LEER AP throughout the United States and Western I=urope He has administered Quality Control /Safety Director day -to -day construction management and quality control for diverse mar- ket sectors. His experience encompasses corporate real estate, office buildings, libraries, healthcare, heavy industrial construction and his pro- ject type experience includes new construction, core & shell, fast - track, design- build, interiors, tenant improvements and renovation Experience ij rujrat,i LANear+krt Total Years: 38 years Stuart Memorial Park, Stuart. Florika f $1.7 Million .' Project Involvement: Quality CoitroliDirector Education BS- Building Construction, Texas A &M National Reconnaissance Office (NRO) ' ` ~ University $7.701 Por. Canaveral, Florida Graduate Studies, University of Texas- Project Involvement: Project Director Dallas Palm Beach County Judicial Center Parking Garage Expansion 111 C;rc rienhai< west Palm Beach, Florida Florida Certified General Contractor 40,000 SF, 2 -story $6.5M 1 LEED P.ccredlled Professional Project Involvement . Project Director : ^` USACFJNAVFAC Quality Management ASHE Healthcare Construction Certificate National Elections Committee Building ASHE Infection Control l;ertifica'e Monrovia, Liberia, West Africa $2M, 22.000 SF OSHA ' 0 -Hour Safe Certificate Project Involvement: Project Director ' OSHA 30 -Hour Safety Certificate (t NSC First Aid. AEC) & CDR t'nibry- Riddle Aeronautical University .- Boom 8 Aerial lift Safely Training Administration Building $32M, Delray Beach, Florida Powered Industry Truck Safety Training f'reject Involvement: Project Mlanagement Crane Management Safety Trairiny Respiratory Protection Safely 1 rairniny Parrish Medical Center Replacement Hospital FAA Private Pilot - Singe Engine /Land 371,000 sf; / Story; 210 -bed; 500.000,00:) Project Invn veraant: Owner's Representative 11 PI II PMC Diagnostic & Surgical Sultes 200 000 sf; 2 --Story 540,000,0;10 Project Involvernent: Owner's Representative PMC Medical Office Bulldleg • 22,000 sf; 1- Story; $4,200,000 Project Involvement: Owner's Representative r PMC Central Energy Plant 4 I 1 25,000 sf; *I- Story; 53,500.000 i R ESPONSE TO B OYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAR 2.0 BIDDER(S) QUALIFIC'A`TION 2.4 ORGANIZATION & PROJECT PERSONNEL QUALIFICATIONS Kurt will is responsible for managing the day - :o -day field work including K urt King but not invited to subcontractor quality and adherence to the plans and On -Site Stspetintetzden( specifications, coordinating ail inspectiors as well as preparing daily log reports and two and four week look ahead' schedules. Kee is a valu- able asset to this project due to tre multiple projects he has been in- volved with. • d Total'. 14 years Palm Beach County Fire Station ft7 & Riverwalk r, '° With West: fi years West Paint Beach, F orida " z ry ` $4.2 Million 12,000SF Project Involvement: Superintendent F' drrratint. Associates Degree cf Arts from bre Shone Palm Beach County Fire Rescue Station #3 The l,niversily of Detroit West Pal n Beach, Florida $3 Mitlicr':, 11,01)OSF Project Involvement: Superintendent C:r"ede,1tl a' Graduate of FAST Svrinklr:i School Palm Beach County Fire Station #4 30 Hour OSHA Certified Delray Beach, Florida $2 4 Mil ion, 5,2608 SF }1i5` "kie/ Project involvement: Superintendeud .0 olt Palm Beach Sheriff's Office Substation Poynton Beach, Florida $4.8 Million. 23,000SF Project Involvement: Superintendent +iir... Flo 51xku41 Suifside Community Centel Surfslde, rfo•ida $ 4 Million Project Irwoivernen1. Superintendent Mid County Senior Center Lake Worth. Florida 55.6 Million, 26.000 Square I e.et i rojer1 !evolvement: Contralfti Pew Family Natural Sclencv. Education Center / North Palm beach, t- orida $815,000.00 Project Involvement: Superfntrnder.t •urtd /c I 1..ti uten Wilson Park Boynton Beach, Florida S6M, 14 000 SF " k' a ' Project livolvenrent Superintencent { • ENO (e,ma Sevin /sneer s , ■tc Vet D 11JTM1 IIAQRnP MsaiMA SIGNAGE & LANDSCAPING PROJECT ! INVITATION FOR BID TAB 4 2M IiIUUI ?R(S) QUALIFICATION 2.5 RELEVANT CONSTRUCTION & PROJECT EXPERIENCE 2.5 Relevant Construction & Project Experience Relevant experience of projects it: which Bidder(s) perin:•med General Contracting Finn services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement of Relevant Construction Experience. Bidder(s) are to exactly reproduce this tifnlc in their responses wi :h information in accordance with tltc. c(1un1u headings shown. Notations such as "NIA" are not acce tablc. If the information required in the column heading is considered "not applicable" or "not available" liar paiiicular project listed, then list another projec :t where the intOrmation is applicable and available. Projects listed should be as close as possible to the scope of the projects for this INVITATION 10 BID. For each project listed in this table where Bidder(s) self pertbrmed any construction trade, provide a separate table, listing the trades(s) provided. West Construction, Inc. and our staff has the caoabnity experience ant.. expertise to perform the con- struction renovation tasks for the Boynlbn Harbor Marina Signage & Lardscaping On most of our pro- jects we have self performed concrete work, site work, carpentry, crywall, door and window instal,ation and sidirg. With our firm you can be assured you are getting the best value `or your dollar. 0 1 11 10- RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR BID DATE ISSUFU: JANUARY 10. 2013 ATTACHMENT "E" STATEMENT OF RELAVANTCONSTRUCI'ION & PROJI;CI' EXPERIENCE I. Name of Bidder(s): West Construction, Inc. 2. Business Address: 318 South Dixie Highway, Suite 4 -5, Lake Worth, FL 33460 3, When Organized: 1969 4, Where Incorporated: Florida 5. How many years have you heen engaged in the contracting business 43 years under the present firm name? 6_ General character of work perforated by your company: Construction management, General Contracting, Design- Build, Program Management 7. Enclose evidence of possession of required licenses and /or business permits. * 8. Number of Employees: 70 9. Background and experience of principal members of your personnel (including officers). "Please see attached resumes. 10. Bonding Capacity: $20M Single / $80M Total 11. Have you ever defaulted on a contract? If so, where and why?* Yes X No 12. Experience in performance: l'rojcyt $ Value Costae( Name Phone # Country l likes Greenway & Pedestrian Bridges S 467,093 Scott Stoudetunirc 954- 973 -6750 Sup; Garden isles Streetsca a Improvements S 452,714 Shirley Santiago 954- 924 -6800 191h & 21st Street Street Improvements $ 205,835 Jeff Halverson _ 561-494-1040 Congress Avenue Barrier Free S 1,412,366 Wally Majors 561 - 742 -6310 Surfside Community Center $ 4,074,525 Chris Giordano 954 - 921 -7781 15 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project FAH 4 2.0 BIDDER(S) QUALIFICATION 2.5 RELEVANT CONSTRUCTION & PROJECT EXPERIENCh .h,5DOCLt, NCHa ; ING•LNENARK'opmENTEDPAPt: AC# 6140490 STA E • FLORIDA F I L REGULATION BSpARTMCON CONSTRUCTION R YL I CEN SIN SEEQN L12052500613 LICENSE NBR 05 25f 2012 118190345 CBCO57038 The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provinione of Chapter 489 FS. Expiration date: AUG 31, 2014 MMORGAN MARTHA ANN WEST CONSTRUCTION INC 318 SOUTH DIXIE HWY. SUITE 4 -5 LAKE WORTH VT. 13460 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AL IV- Q1JIRLO UY Ti16 WWI HbS It CGLOI1 t1 RACKORC UND♦ ICHODAIHTNG•LUlf ?,ARK" PA EN PA'EH AC# 6197353 STATE OF FLORIDA DEPARTMENT OF BUS INERLAN LICENSING B ALRE GU LATION CONSTRUCTION i US SEEQ# L12071101618 GATE BArCN N Jttltf R L Ws* NIA — T 07 11 2012 128007268 CQC1516626 The GENERAL CONTRACTOR Named below I8 CERTIFIED Under the provieione of Chapter 469 PS. Expiration dates AUG 31, 2014 WEST, MATTHEW FIELDER WEST CONSTRUCTION INC 31 8 DIXIE HWY E LAKE WORTH FL 33460 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISP - AY AS REQUIRED BY LAW t4 1 NON TRANSFERABLE V City of Lake Worth city et Lake Worh a' 19052nd Avenue North •,� ; ,,p Business Fax Receipt 2012 -2013 Lase Worth, Florida 33661 BUSINESS NIIMBFR: BUSINESS NAME' WEST CONSTK; W TON INC F IIF:NFSS nnnA =ss+ R DIXIE HWY 4, LAKE WORM I'L 33460 t it:F;:_F, lJr, :: CIA$Sfl :CA ION Dr cRI'rO*. 13 00024565 93.828 BUSINESS OFFICE GENERAL, GENERAL CONTRACT OR EXPIRES SEPTEMBER 30th 2013 Pi RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT / INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAB 2.111311)DI R(S)Q1:ALiFICA•1'1ON 2.6 RELEVANT CONSTRt_ CTION f, PRO..1PC.I FXPERIFNO ,,,.`"1"'! d ,, r k•1. (• n r. n n ^, . < 1'.1111x 39 is,thri Pinner, it 31902•3363 •Y MOVED aT^ . nY.f /1 . 1 w. • Tee 1'M II 1•10A 1 T I I'.•hrn • 111, MN L1t1t 1'e:po.wfnTlt. 7 I8 S pl %IF H'hY 01-5 I AKE WORTH, rI 31460-000C • r 7 tYl•. (1. 7...1 KU W' +La L\N10ICAIKN V PUHA PAM)* 1..a aJr r r if. • ,1!•11 NH110'6i 51,41100 :10 .. NauM!tf 4,r + ._ patt5#tIN rite W.la tda'•sl? 121at fV6K }tl 111,1 daubs : - r. U1411014/ lint^ may pled la Ilw IarCi:Eaxa s (Ake. STATE OF FLORIDA PALM BEACH COUNTY 2012/21113 1 flcAI HUSIN[SS TAK RECEIPT '1 3.14 %VCST COfrollit C-TION RA 1_131R Numbor: 20100272:1 lvl S1 CONSTR1.C1101+ttlt. EXPIRES: SEPTEMBER 30. 2013 3111S DIXIE HWY1'4.6 ii•o 'Drool drove rva oral all, r.lbw. I AKL /UR 1 1 1 , 1 1 334iio 4•I S : m,'oanu•>r, wins* n u I me allym lo let Diu .1II .II , Ir,i1IIfrIAw.11isl.Isd111Iuilll .lorriwro o oporabe10 r ha .mross(low 41141M .rift Maw a hair list, mvuo tail to Cure iamb itanru1st11, ► of labwal Iirl+sasble al IMO 'An ity F .. 'up Wed by cou.1y, slate o! Ialura11 rw A r. As I 1 .1. (1 N r. 1 1 +y ."/ , P. O.U x 3363,WuttNth , Death,1:.331110 -"1363 ..LocA1fE9 ,; "r"4, f 4"" 1" "1""P K . Ut ,� ,yjr le; 116;13s5.2372 1( i • ; - 1 «� P. A. Nro: t 1 +t H 318 S DIXIE HWY 04-5 :s '' ti t IAKE WORTH. FL 334€0 MX 711 5 ratXlstatlsa 9xrtn crlar rwtc ll Ntrrrrtitwlr loin 1 1.1+ Door 55r, czwerrAmciie f mire `,r!1110.rl1Ht NV Ca ..1111 01 14,34.119M 011)3111t 1 CM W'S/ TA A dMr mw d 0. v.0 rl tiny w& kn teau4 of try 15c Ins Corsdra s oaten. STATE OF FLORIDA I'ALiM BEACH COUNTY '/012/2813 LOCAL. BUSINESS TAX RFCFIPT IP V -1 WL'STCUNS1RJCHON11A Lill Numbet:201002726 WEST CONSTRUCTION INC i?XPIRES: SEPTEMBER 30. 2013 316 S DIXIE lIWY 114 -b Ito Si twirilr.4ae,rot cons+ 0las3•ar, 1AKE WORTH, FL 31450 4 452 r•9i er•nm.,pllrmltim dandlallyla Draftily i lie ..Il...l l.rl..i.lk,II.r..I..l.l..Is Idm I.I nrre cvs or cperatl Pr Wsinevi clmerehea her n A'rn t a iambs., egrua• find c r mime wmnly croons trim, Mato It MrMrli '. perntissiwl r 1 to rr •111 t< atlutu d ty minty, al ail a' SSdcrat 51 w ar ♦ t ae 41 +r M. GAu� R r rh Y.U. Ba133a Mal 1 Pa's bread , IL 314612314612.X.551 2•3 "LOGALEO 0.1" r" 11.11 ""4 " 1461"W" tinyrlswe 0 Yr<1.- ryb- .r o r T. . 111 - 2212 • •.erre •e•r11a1'1•+• 3 /83 DIXIE HWY04.5 y LAKE WORTH. FL 33430 -CCOO 4,1.; L ,;1611 IVrt n 11a2ao ass wxcMaiI A04.x. tint* raw rue rM to r 0015111010LCLaJ11041a. • VA. , A, MItbW1 C[tv11t71 111AA 14 Ail sAA asst!,: Si., r; 11t/4111A '1:5 NAM c.*oran tor 6111.11h7 be 1'ALC114.rho• rlt•re 3TAT t OF FLORIDA PALM BEACH COUNTY ?81mai 3 F(1CA4 11USINF s3 TAX RECEIPT E1 . 111 WEST CONSTRUCTION 14G LRTR Number: 200011377 WPSTCANSiRUCRONIVC EXPIRES: SEPTEMBER 30. 2013 316$DXIF,M -1 *no, 9C 1 tsawrnd13.49111+:•4 , 111hs' • IMF V1bi1TH, Ft $346+!4452 •preoPi411 P°et =salnr tl wtlrnyM +slur- t t nll.wiluln Ililalioul.rlrlul d•ir• rI1( eaI 4 s%m MOW* 1M Lowrie la rrh • !Iro 1 r nL1`00 a 10.14,11145. alrnrmrt tr WI wavy •morlooltwi, o1,44 et fraDerolowerrloota ads 1- r:<turoe4 by rwVy, !Arbor 4 + AI lie. ft h N 1 M. 1. A N KC1 N e 3343. W ts1 :•Ahr bears. tr. 3, "LOCATED Al `• r•r♦ • 1u r r . C1r� tc t r n ywArAsup' r<1*i ye 0 141 }3•,622n 1 + 318 S DIXIE H1/4W 044-.. T LAKE WORTH I'L 3345443On r'yPf t4010 vr+Q, I naLER uJR1urA7to.t 1 nec t 4an1 mm ASAM& I t 31tet• tall LNTIIefi• Mt' 'G + )w71 - WNt 1 n; (, . „...'._ L,1 s u cmitvi1Is 45111 o1.y t rop reccrpo I by see Tax C01eDl:r• OIkr, STATE OF FLORIDA PALM BEACH COUNTY 701212U13 LOCAL RUSINESS TAX RECEIPT r.5 M. Vel -1 C( lRJC1K7N IN.: LBTR Number, 200911376 vas" cO 1STRUCTX7NINC EXPIRES: SEPTEMBER 30, 2013 316 5 DIRE LIWY 61.5 4,a• watt dots 1c' crnllwr a Wmt tar LAKE WORTH, F1 33360•445' mg Amor ail, pr11r111'ar 11 Jolla ly to parlors Il. 0 II I Iir 1 iI t II r I. I/ I I .. ma,. v : 1fx.�.'hr tuelnu.la.•,cruttlnrrio i .0 e er 11 r,tl w n nr1. ohi%410 er4e, t2rIe 11011 er courro USy aa.nu.0,.-1 14101V frdhrYfwernsiar. el1 tleniy 1$ 114 ty Cc1 1Iy. smin et ta10.d hen TA R 4 2.0 13IDI)ER(S) QUALIFICATION 2.5 RFI FVANT CONSTRUCTION & PROJECT EXPERIENCF „• -.....N WESTCON•04 BMERRITT a' ° CERTIFICATE OF LIABILITY INSURANCE "" ; y z X72 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AOTP*ORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IAIPORTANT: If ilia certificate holder Is an ADDITIONAL INSURED, Ino poTbp(tea) Inuel be endorsed. if SURROOATION IS WAIVED, subject to the terms and condllions of the policy, certain policies may require an endorsement. A 'Warfront on ihI* coRNicela does not Confer d9hte to Ins certificate holder in lieu of such endorsement(.). rnorwesa BOOM le Merritt CoINnsworth,Alter, Loonier!, LLC 881 778 -- — rr 23EgaedusksoWent 4 >� L . Sut1 102 bfnerritl�Ce1llc.com JOWL Ft.33471 INSURIIIIMAFFOnOetO , NAIL , North Uro In suraic CO " Adorn r North RAverInsuraeceCompany Met Oonstruotlon, Inc. , TraVaters Cas Ins Co of Americw 315 South Duds H1017wey Y IE Sidra 4.8 Lake Werth, FL 23480 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 11115 IS TO CERTIIV TRAY Tilt POLICIES OF INSURANCE LISTED ESLOW RAVE IEEN ISSUED T05115INSURED AROYFF031 THE POLICY PERIOD INDICATED. NOTVMTI1STANDIN:1 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WYITH RESPECT TO WIICHTHIS CERTIFICATE MAY PE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED SY THE PCLPCII8 ppSCRIBUP HEREIN i9 3UadECT TOAD. THE TERMS, EKCLLSIONS MSC CONDITIONS Or &UCH POLICIES. LIMITS SWAM/ MAY HAVE BEEK REOl10ED SY PAD CLAIMS. 7101 OP WWIrANer FOTOYWynne I: P y °U nb _ - I ;tag; __._ IaeOa — senan5l.umin rV FAOHECCIAIREML $ 1,000,00 r. ' 200 10000001 11112013 1/112014 a go > tNl 0 X CNtmolOA. OF I. FRAL TAW lY 10.001 ■ _ ! mimeo/A ( X, °owe sea VI Onions Fenno) $ C ontractual_— T PlotSONALaAla-MANY s 1,000,00' _ t ILRALACORFOATE a 2,000,00' 01131 MOOGAIE MI AFARS PER: 1 PNODUCT5- COMPAP ADO a 2,000,00 POL=Y 1] P.4, Ill tot —. _. s AUTOMOM.P!Lmsa.efY ._.,_...._ �� I UIT } .__ 1.000.00 I A X I0 A A � N L f g Aut t o 11809291601 111/2013 11112014 S000YINANrr ' e e.O $ AiJr00 EU tTYa.diwo L . n00LYI1.AINY X HJE0AU1os e II II PIP-14410 s 10,;,.; (3 N ouserr AII X OCCUR &ACHOMVANNICe s Tl,INI0' axaRaalun aAaus-MAO 4530048173 1/1/2013 11112014 U uouj X 1 ROIENTse 1 ._. . nineteM COM►IN ROTOR _..... _- .... -. _. —a 1 yy ANDEMMAYea%'IIAPILItY Tit* X`Tn i ii F A no' FROIMIETUl rxRlNFtrr,A;,c 1 05 - 204137406. 1/ I/2013 1/1/2014 EL rArtU 1 ceeme t 1,000,C' t OFF EMISEMRER OxOluxOT (.. , NI W204137406. f ._.. B aan Me EL MIME CA Fa MI a ` 1,000,0 ' . . . t ' ONO . MAIO:nitWere _ El OIQRost. rotM umr_..£_ 1 • 0 • weed Equipment . 6032151212 111/2013 11if2014 MBCMFItled 0 • nlodlLnesed Equip , 003211L272 1/1/2013 1/1/2014 Spatial Form 160,000 _I ._ tits :mte i IUN to oPEnA11011s I.n:A710Ne r OHM Ea {Wa er,AS0x010P. Mr 0 ne: 14 Wits i ehe AIA It more' M1 ee I. .I•'MAO ■ CnrtUleale holder Ii named as eddillonaI Insured Ins Wing prodacto and campIMed op cretin ne toe ganor.t IlablIV par CG7044, auto Ilab0it per Wi71'arid umbref a liability when rewired by Ynluen con Irma Gannet Liability Ie. wham). and nen smildbuiwy when reequb.d by wsitlen contract pa COME 11WIWr dsub, . I Io n appllanl 0 0e natal liability per C07041 ,veto llabllhyper A71 14, umbrella IIebil and workers' compensation for Ina additional InMPedewthM Iequired written cordract. Unalrrelte o.Iends over oohs! liability, auto IIabp'Sy and sntptoyer`s IIahlliyy. If the Certificate holder Is a lessor of Wood ugquu , iw equlppmer4lessor Is bee payee and additional insured of 'mad equlpmini (Per C049) 77D, when required by written eonlratt Nan erPLe eed F.goismm :N, Spaclnl Form subWecl le 21,0110 Deduethtle eecopl *8,000 Oadt,cHbte on Tra IIera. CERTIFICATE Nt1LOFR i CANCELLATION _ RIICULO ANY OF THE ADOYE Bt SCHWA, POLICIES DE CANCELLED PINORO 1HE EXPIRATION DATE. THROW, NOTICE Witt. 110 DELIVERED 111 ACCORDANCE WITH THE POLICY PROY .8 101(0. POR PROPOSAL PURPOSES _ jt AI:TIIOMastolo'Oe0ONAim 01088 -2010 ACORD CORPORATION. Ali rlphts reserved. ACORD 211(2010M1) The ACOP',D nano and Ingo and ropieMted marks of ACORD 1 RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR RID DATE ISSUED: JANUARY 10, 2013 TAB 4 2.0131U1)EER(S) UUA1.JEICAfON 2.b RELEVANT C(NSTRUC`t ION it, PHOJEC "i EXPERIENCE State of Florida Department of State I ceitiiy from the records of this office that WEST CONSTRUCTION, INC. is a corporation organized hinder the 1nWp of the State of Florida, filed on December 16, 1977, effective December 16, 1977. The documeInt number of this corporation is 555487 1 further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on Jimmy 3, 2013, and its status is active. 1 further certify that said corporation has not filed Articles of Dissolution Given reader my hand and the Great Seal Qfthe Slate of Florida at Tallahassee, the Capita, this is Mr Mid rho! gfJanuary, 2013 , 1 ti + ._.. r Secretary v fState Audi eat katIan ID: CC To attthetrtkate fish cart lfkate,vhsh the fniawing sit P,e ntet Ihlt' ill, and thrn folfotvthe !wan palms elkplayra httprllefite.ttnbk.ut ketinttfhrer.htntf .... .. . ....r..... • ....u.. ft.., ,r . un err wrrnt•t CACI run TAB 4 2 0 I3I1)D1:R(S) Ql1ALI I'1CAi ION 2.5 RELEVANT CONSTRUCTION & PROJECT EXPERIENCE • Martha Q. Morgan Ms Morgan is co- owner, president. treasurer and chief financial officer of the firm. Qualifications include degree in B4 siness Administration ants President a Florida State Certified Building Contraclor's license. Her skills com- bine finance and core business operations to achieve successful busi- ness planning, financial planring and risk management. She oversees a;counhng, record keeping, financial 'eporting and human resources. C'Cr4;,,Y -1110111161111 Total: 35 years Aircraft Rescue & Firefighting Facility *�!�•r...�� Wit West: 26 years Lee County, Florida $3.8 Million, 36,000 Square Feet Etfuraflo : Project Involvement: Project Exemtive ,o Lt +. Bachelor Degree in Business Administration Palm Beach Sheriff's Office Substation Mtn Boynton Beach, Florida Nova University ng, 30-1Office facility r $4.7 Million Project Involvement: Controller '"A - - � • Certified Building Contractor Slate of Florida CBCO57038 Fnvironmontal Services Department 'Real Estets Broker - State of Florida Delray Beach, Florida s ,n, OM. s.Nn:� $2.9 Million Professional & Project Involvement: Contoller "! Community Affiliations AGC — Florida East Coast Chapter Ft Lauderdale Emergency Operations Center Fort Lauderdale. Florida S7.2 Million. 22,775 Square Feet • Project I ^volvement: project Executive i nUliWUw1� Mu. Dq. n an North County Maintenance Building West Paln: Beach, Honda $ 2 4 Million •a Project Involvement: Project Executive SWA Maintenance Facility Pompano -aeach - Iorida k LeaktildelOC $1.8 Million, 2,700 Square Feet Project Involvement: Fro,ect Executive Fire Rescue Station #7 West Palm Balch, Florida 2 Acres 9,435 Square Feet $4 2 Millen w k. . Project Involvement Controller Fire Rescue Station #4, Delray Beech, Florida 5,000 S Feet $ ?.4 Mill an PI 111— R ESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT ! INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 ra It4 2.0131Di)iK(S) QUALIFICATION 2.5 RELEVANT CONSTRUCTION & PROJECT EXPERIENCE; Matthew F. West As Vice- President of West Construction and Principe of West Architee, Mrs, Mr. West brings over 20 years of construction & architectural CGC, AIA experience to this Project. His diverse educational and project exoere Vice President / Principal in cnce allows for a full understanding of project delivery. In addition to his Charge responsibilities for overseeing the firm Mr. West is involved in oversee- ing alt projects. utilizing his skills and abilities to ensure the highest level of safety and project supervision. Experience Total: 22 years Mitchell Moore Aquatic Center Pompano Beach, Florida i S3.9 Million, 7,930 Square Feet , Registered Architect Project Involvement Project Executive State of Florida AR93859 Ft. Lauderdale Emergency Operations Center maees.rv.w. rrdoo Certified Genera! Contractor Fort auderdale, Florida State of Florida CGC1516625 $7.2 Million, 22,775 Square Feel OSHA -cert fled 10 -hour Safety Training Project Involvement: Project Executive mkt 4 } ° SWA Maintenance Facility Bachelor of Science in Architecture Pompano Beach Flotilla Flolda A & M University $1,8 Millen, 2,700 Square Feet Ea.1,11 nu Bachelor of Architecture - Project nvolvement: Prcjecl Executive Florida Atlantic University North County Maintenance Building Professional West Palm Beach, Florida .r)ri3r)irrr�it� "f.ffrrr +`rtiort : :: S 2,4 Million American Institute of Archftects Project Involvement: Project Executive U.S Green Building Council South Florida Chapter Surfside Community Center £.11 Whirmouce Associated General Contractors Su aside, Florida Lake Worn! Chamber of Comrnereo $ 4 Million Florida Trust fur Historic Preservation Protect Involvement: Project Lxecutive National Trust for Historic Preservation Pompano Beach Community Park & Pool Pompano Beat Honda $3.3 Mil ion. 2,900 Square Feet F roject Involven ent Project Fxecutivr h �am) Mla en. :e Ortanique Closeout Pompano Bead , Fluride C `; 27£5K it Project Inwolvement: Project Executive 6th Avenue Streetscape !, ,{ Cm. Pompano Beach Florida $58CK Project Involvement. Project Executive aa CHILI w mina.' n_ £ Mance teommm PR(S.IFCT 1 INVITATION FOR RID TAB 5 2.0 BIDDER(S) QUALIFICATION 2.6 SAFETY PROGRAM 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Ric and note it in your Bid Table of Contents. West Construction. Inc employs safety policies pro- cedure manuals and practices whch are updated :o meet U.S. federa government requirements, which may exceed U.S. Occupational Safety arid Health Administration standards. Employees are responsible for following company safe :y policies and procedures. Company Foremen r' nt' t r1I- �r,r are responsible to ensure Frontline Workforce com- pliance on a continual Oasis. Project Superimendents SAFETY- `, and Project Managers are responsible tor the day to day -1SS compliance on the work site. The Safety p_ Manager is responsible to perform periodic assess- (JIG ments of company work sites for overall compliance. the Operations Manager reviews assessments and HEALTH lakes appropriate action it any is required. The Man- aging Vice President and President are apprised of MANUAL April 2010 SAFETY V MIA:NU.AL TABLE OF CON rr:n rs any issues that cannot be corrected by the Cperations, cr Safety Manager. atilt 1xI 1 "MI Iii IIk!11, 11'111. e1 1 1.I111%NM''111 % %n \Q !InT11N1 01.r Safety and t -ealth Manual is over 1. %I I11 :, .r 511 I' +11'1 11`1 1111 \ J 300 pages. We have included the Table F \I It 11 Hr. h Ikll('11111 +1:1 1111. \.1 1•.111 1 %H'1 „,,, of Contents for your use and if you re- 11111 Y11111R'IIa? •H Ilrl..., quire he entire document, we will pro- 1.11(1. 1.11 1 ' IIIM 1C1 I)I 11111■ . '11.11 L• +YI MIN '; Ville it. x6111111:4 MNLIIVA(1(11 KH. MAN 1.J..,. ..a�h.+l•. J.. +J. t. +... ......a ......a..n+nl. s.Ar ..1. 111.1'lI11 111.1% %Pi 1HIYt1 11 171kI1111 •/ 1)) 1'1114 (Ilan h11'11(1N 1.. A11011• 1 1• 11(1\ 11 1111 1.114 1 - '1.11. x11. K11 '110N 1■ .1111.1414 11.4 111 1I1'1 kl\ W 001111 1 11 . VI.9 1 ■11111111.1 /41'11(1`. IJ ITMN.111' 1111111:. Y11t•11 4 , I'1• P1 111..1i( %11 /►1'11(1 1,1 k /. +nik (1011 1'111 itt 1IR \1•11 1.1%1 er(tlu +01 / 111 f1 1(:( re 1l ( ► 1 x1.0 .IA i I(I % (11 RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT ! INVITATION FOR RID rum: ISSI IFfI- _IAAIi IApV in /nil TAB 5 2,013]DDER(S) QUALIFI('ATION 12.6 SAFETY PROGRAIVI 1001. NA21 11 ' 1:.1111 AW) I'U111•, Ii 'l (: 4)F 19 1,1 `41 .,113 is“ 1114.11 kilt lk fl'C '14 ' "i(1A 2u I4 :1V(I1.11. ruin re 1 1/I% CUI'11'%U:11 Sh( 1104. 21 WW1.. 11.1, I1 4./ "I N)1 22 1'Tlt, r .111. *L( 110% 23 It1.6k)U401L11. 1'.l, 11111,1 S1:1 I UM 21 1,14_hll Ahll A \p>,.11.1 IV HI4)1I1114. 411 147\ 25 MIW'1.13. V D1S1'1)1015 +:I:L.I WM 24 ru'•nadA/ rt .1.11.4+ rnyl'. . r.1. , ,r..', ...,,. r...., ..1 ' r1 .k 1 /1,1.141 N H:l 114,14 17 1111:1:116 a1.1 11.111% 10111, 1' .1.1L65,1 YI1 fp)hti ur 'n 4,n PP 1'I40.1H'1 S11'2:ILU111. 1111:11' %.11+11 WS .11.1'.t310?. KF(' IUN YI : ,nn. ,t. , IF Nt. ,a... t.., n:4." TAB h 2.0 B1DDER(S) Qt_lALIFICATIO\ 2.7 QUALITY CONTROL PROGRAM 2.7 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plat: should address all aspects of quality control including responsibility for supervision of work, acceptance. resection. documentation and resolution of deficiencies. trend analysis and correctve action and interface with building inspectors. West's project delivery philosophy incorporates the basic principles of partnering: a collaborative and strategic approach, to achieve our shared objective...a project we can all be proud of aid that will serve the Boynton community for many year to come. This process will actively engage CRA officials throughout the entire project. We will hole regularly scheduled coardination neetincs to monitor and keep you abreast of the project's progress and keep al activities moving on -track while keeping an eye ai the budget. We will address and resolve any and all issues and concerns as they might arise: avoid ,potential Change Orders and keep you fully informed each step of the way, with no surprises. West is offering for this project a highly communicative team of professionals that will use various methods of communicatior for effectively staying in touch with the CRA a. all times From regularly scheduled meetings, to phone /e -mail communication, our team will be the :earn you will not have to be concerned about. You will know wha', is going on! We are comm tted to the success of this project and " - are prepared to do everything we can to proactively avoid conflicts: but if conflicts should arise we will use proven conflict resolution techniques to deal with them. Procurement System We use a purchase requisition and purchase order system in tandem. The end user initiates the pur- chase requisition w ;th the Project Manager's approval is issued through our Project Management Sys- tem (PMS) This allows for subcontractor payment tracking back lo the Project Management System: • Project Manager and Contract Manager review invoices for subcontract compliance Subcontrac- tors/vendors are notified of discrepancies prior tc aaymert processing. • Subcontractor /vendor invoice is entered into PMS to payment upon Protect Manager and Con- tracts Manager approval. • Retanage is held until task is completed to our satisfaction: as applicable within contract con - straints. • After Firal inspection of work, final payment is issued to subcontractor /vendor, Identify Critical Costs and Schedule Monitoring Our Project Manager will obtain the necessary project tracking tools from PUS to identify critical project costs and to monitor project schedules and projected cost to complete, Although the Project Manager has real time access to their project cost data. he is required as part of the project management proc- ess, to review the respective project information weekly to identifyltrack critical project costs including equipment. labor, travel, and subcontractor /vendor costs, and to monitor the schedu e and projected Ii II costs -to- complete. l ' RES PONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAti 6 2.(1 111I)I)Lit(S) QtJA1.Ii'I('A'I'Iot, 2.7 QUALITY C.ONTRC)L PROGRAM As part of the Project fvlanagernent review process, the Projec. Manager will perform Earned Value Analyses to proactively identify, report, and mitigate budget variances and schedule impacts. Subcontractor Management and Controls We will purchase goods arid services from various s:rppl;ers and subcontractors to support project exe- cution. It will be in our best interest to use as rnany local craftsmen as possible. Competition among vendors will ensure best value to the Project. Management of Safety Safety is paramount during execution of all our projects. West places the highest priority on the safety of its employees and subcontractors, We will constantly stress our goal of 'Zerc Accident Perform- ance" Safety is integrated into our projects through SOPS, Work Plans, Site 4 Health & Safety Plans, safety training and briefings, oversight project and corpo- rate safety persorne , and irspectiens and audits by project and corporate Safetymatters safety personnel. Planning Process To Minimize Project Cost And Duration Out planning process begins by reading. analyzing, and understanding all elements of the Scope of Work (SOW). We then discuss the SOW with the client to ensure we understand loot, the stated and implied goals. This discussion includes all aspects of work execution to include: resources, engineer- ing requirements, performance metrics, qua)i y control, safety, management, and known stakeholder issues. Elemeets of our team have operated under this planning model for numerous construction projects. We strive to balance environmental quality needs with safety economic, and regulatory reali- ties, The planning process is focused to: Fulfill all Requirements of the SOW The goal of our technical approach is simple - realize the slated cbjectives of the SOW. We do not over analyze our projects -- rather, we strive to create eosin effective means to achieve the objectives of the project Efficient Use of Resources - We will integrate the right mix of resources, technical disciplines, and management processes by drawing on the assets of West and our subconlracors to provide the 'best value' approach to achieve the objectives. Quality Control and Safety These two issues are front - loaded in the planning -- process to meet the SOW, achieve all performance metrics; and ensure the safety / adTR01 of all concerned in project execution. The initial planning meeting specifically ' / includes the development of quality control metrics and the use of this information , v\ ) in meeting client expectations and programmatic objectives. Site- specific safety . \_{ issues are identified and considered in all phases of planning from This initial meet- 4 ,gx, P R . r ing through final project closeout III -, -.- ___ ..- -.- w............ ...A...AC r a A unel n wnaue-. DD IC(.r 1 thaVITATInPJ Fn12 kin TAB 6 2.0 I31r)t)1 R(S) QUALIFICATION 2.7 QUALITY CONTROL PROGRAIVI Technical Approach - In collaboration, West and our specialty service providers ana yze the SOW for the hest technical approach to project execution. This dialogue examines the approach outlined in the initial techn cal proposal as well as application of newer approaches and technologies. Our goal is to find the right approach that is executable, defensible. and represeres the optimum value in considera- tion of site condtions and client expectations. Logistical Support - Sustained operations requires detailed planning so work can be accomplished in an uninterrupted, expeditious, and cost - affective manner. This demands careful planning for material support. investigating local supply venders, use of local labor where appropriate, local infrastructure support etc. This attentior to detail saves incalculable man -hours and ensures client satisfaction. Programmatic Milestones - Setting aggressive, yet realistic milestones, is important to all team mem- bers. These milestones are vetted with all participants for cost. value, realism and executable success. Once "locked -in" these mi;estones are only changed based on client requirements or uncontrollable conditions such as weather, etc. This aggresSvc approach faeititates smooth workflow, timely comple- tionEc oseout, and best value to the client. Stakeholder Issues - We embrace collaborating with clients, regulators, and stakeholders. The benefit is early buy -in of project objectives. technical issues, and uiderstanding schedule constraints resulting in safe, cost effective- execution. Work Breakdown Structure In order to start the work aggressively, the project scope is separated into specific work components known as the "Work Breakdown Structure" (NUBS), The WBS dela Is elements or tasks from prepara- tion anc submittal of the initial 60-day schedule b the issuance of the warranty at the close out of the project. The NUBS will be used as the basis for development and presentation of the technical ap- proawh, project schedule and the firrn fixed priced (FFP) cost estimate for th s project. A simplified ver- sion of the WBS that lists the major tasks is presented below: • Preparation and submission of Insurance & Bonds • Preparation and submission of major plans, reports and deliverables. • Preparation of the Work Breakdown Structure (WBS) • Preparation of the cost loaded CPM Project schedule • Preparation of submittal register • Preparation of required construction specific plans and submittal documents • Procuremen: of materials and subcontractors for specialty work. • Mobi'ization of all necessa!y manpower, equipment. and material to the site. • Preparation of site for construction. • I and completion of construction operations. • Final grading, seeding. plant vegetation, landscaping. Demobilization of all manpower and equipment following completion, pre - final /final inspections and punch lists and government transfer and acceptance of the facility. (Real Property Form 1354), includ- ing dearer') of the site, issuance of a final report, as -built drawings, and manufacturer's warranties and operation and maintenance; O&M) manuals, certified testing of systems certificates (e.g.testing, adjust - RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT I INVITATION FOR BID DATE ISSUED: JANUARY 10. 2013 'FAH6 2.0 lit 1)I)t:R(S) QUAL I FI('AT ION 2.7 QUALI`I Y CONTROL PROGRAM ing. balancing (TABS) cf HVAC system) and training manuals, as required, • Adherence to the procedures stipulated in a specifically approved cant -ac' Quality Control Plan • Reviewing progress with subcontractors and/or subcontractor supervisors. • Comparing the approved project baseline schedule against actual performance. • Determining the current status of materials and supplies deliveries, by Sea or Air. • Coordinating subcontractors, Locals, and it -house workforces as required. • Ensuring jab -site safety and security • Coordinating any utility needs, perrrittina etc , with the COR and tenants in advance of the date when the work is to be done • Witnessing tests andlar inspections perforniec by the QC /Safely Manager and/or assigned Inspector. • Compiling and submitting required daily reports to maintain a pertormance audit trail and maintain the follow -up inforrnation to our customers and key projec personnel Project Controls There are four major project management T' 1RS t ltd e"Pi 4r4A �1 control e ements that must be adhered to — ______ "..__ pr.. _, _ ___,'- ..__ - -_. c orstrar for a project to be successful: (1) Project !unction R.spansibl. Marhanitms Tort its to Insure Control todiv loots 1 and Resource Management. (2) Cost and Schedule Control, (3) Quality Control (4) Contracts/Procurement as shown in Table 'I. Of particular importance is the contract QA/QC program, implemented by he QC Manager, who insures quality is met at each step with the design and construction process. internal reviews at construe - lability reviews are conducted prior to the submittal of any design deliverable, Simi- larly, the construction quality control all ., .n .r.r » c,, * .°'. . r ' : - ae M will ensure the construction conforms to it, . forook NONt No r .il:SoNt k the design drawings and specification attkwts r a•* t-x cx P,r- ..yteotrr air through sign -off of construction - required i . �' ' tro ° "" "t t tort k . t . submittals and daily construction report �"°"*' '" fd rrns The site QC Manager will also be k�twwaGCt " te r certified =n Construction • 00, ..**7 acswns% for .. I ivory aod tOrc . • t� got lb 41 . cc.rsttib40ANanl t rata v.� » tru ra wt..uo .teat owm or woont . • emu** o Proott rat /tat x wow r, , I 1 rt, � ,p,..........,, Mr,* foks.4 i ■ o, +era :.,,� art.: ES Illi l� . ............e..- •.... r,r,.. &venu uwna ukD1UA ClrhlAt Jt 1 n Nh APIIk TAB 6 2.0 BIDDER(S) QUALIFICATION 2.7 QUALITY CONTROL PROGRAM Quality Cor.lrol Course for Contractors The project requires its own steno -atone Quality Contrcl Plan (QCP). , • - . m u Communication and Coordination Plan _ i • To ensure effective c.ommunicat on anc coorci nation, our t rojeot 11 111 k ' Manager (PM) wit hold regular progress meetings to facilitate con- M struction activities, schedule, safety, quality control and submittals. This approach enhances our aoility to achieve performance metrics, reduce costs, conform or accelerate schedule, resolves issues irrrnediaie.y, and maximize customer satisfaction. Our on -site construction management star wit be equipped with laptop computers and wireless networking for instant, remote access to e-mail, home office management information sys- tems, and the internet. in addition to data and telephone lines in the construction *railer. On -site com- munication will be conducted using cellular phones equipped with two -way radio capability. As part o; the PMP, communication of all Key Personnel is a recessity, hciuding government contractors, local pollee, fire and ambulancelhospital Progress Meetings Our management style is based on a pro - active stance We demand that communication lines are open to all of Ile project's Team Members. This is accomplished by a number of techniques: • Open communications on the job site is a necessity. • Regularly scheduled Progress Meetings with the contracting entities and subcontractors. • Weekly Progress Meetings with the subcontractors and vendors, • Pre - preparatory and Preparatory QNQC Meetings with each subcontractor to discuss the project's requirements. • Status reporting on RFIs, submittals and outstanding design and projec: ccncerns. • E-mail, cellular phones. and immediate open comrnunica`lon. Aggressive Fast Track Project Start Twc of the keys to timely, successful project completion of the construction are the prompt submission and approval of all required Pre - construction submittals and the early procurement of (long lead) equip- ment and mater als. West plans to submit the following critical Pre - construction submittals within one week after contract award. • Submission of insurance & Performance /Paymerr Bonds • Submission of the Work Breakdown Structure (WBS) & RIvMS/QCS set -up. • Submission of submittal register. • SJbrnission of Quality Control Plan, • Submission of tie Environmental Protection Plan/Facility PlanfTemporary Piao, We p an to submit the fol owing critical Pre - construction submittals within Iwo weeks after cortracf award: • Submission of the 60 day dust loaded CPM Project schedule. NA il • Submission of the Waste Management Pan. • Submission of the Waste Water Management Plan. 1111- RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT / INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 1'A u 6 2,0 BIDDER(S) QUALWWIC.'ATiON 2.7 QUALITY CONTROL PROGRAM • Submission of the Demolition Pier We plan to submit the following critical Pre- construction submittals within three weeks after contract award: • Submission of the fine baseline cost loaded CPM Project schedule. • Submission= of the Storm Water Pollution Prevertioh Plan. Site Mobilization /Site Preparation After approve' of the required preconstruction submittals, we will mobilize to the site needed labor, n� terial and equipment and setup the site in accordance with site preparafion plan. Kick -off Meeting Prior to construction Initiation, we will hold an initial meeting with the stakeholders to introduce the pro- ject team, review the sequencing schedule and time -line, confirm policies and procedures, emerge? cies lines of communication, site access, unities, permits, etc. It is our policy to c early define and meet quality requirements throughout al activities and to actively promote continuous improvement in every aspect of our business Our quality objectives are as follows: • To implement procedures and provisions throughout the organization consistent with higher quality standards. • To continually evaluate the QA/QC system, seeking further improvements through regular assess- ment and review, • To consistently achieve compliance with all contractual and local environmental requirements. • To actively stimulate and encourage the ongoing motivation of all our personnel to improve the quality of our services. Our policy is pu` into effect through a formal Quality Control Program. All of our CQC Marnagers have completed he LISACE trailing course for Construction Quality Management for Contractors. The pro- ject will have its own stand -alone Quality Cortrol Dian (0CP). I ntroduction /Objectives 1 he objective of this Contractors Quality Control (CQC) Plan is to define the specific activities and pro - cedures ;hat will be followed to assure that preconstruction, and construction activities for the proposed work, conforms to contract requirements The cresite COC organization shaft be in accordance with the requirements of the Specifications and the Contract Documents The onsite OC staff shall consist • QC Manage' • Alternate QC Manager (when required or needed for shift won() • Materials Technicians (Firs Tier Subcontractor) • Site Safety and Health Officer (SSHO: w" IMMO f1AUeC rn elf MT nu UADono uLDIuA ClIfUMAfF A t ANr]RP &PINrZ PROJECT r INVITATION FOR BID TA 11 6 2.0 RiI)i)hh(S) Q1 IAI:It'ICATK)lr 2.7 QUALITY CONTROL PROGRAM The QC Manager will have complete responsibility for management of the quality program for the pro. ject The Alternate QC Manager, on site, will be available to perform submittal review and perform 101- low-up inspections during regu.ta operations in the absence of the QC Manager. All members cf the QC team will report directly to the QC Manager. There shal always be a presence of the QC staff on the project at all times during he work, The QC Manager will report directly to the Owner and Corpo- rate QC!Safety Manager. Delegation of QC: Authority and Roles Corporate QC /Safety Manager. 'Fre QC /Safety Manager, will ensure, through implementation of the QA rograrn that effective QAIQC operations are conducted ard proper direction is provided to QC reviewers and checkers during the Preconstrueton phase and to construction inspector during activi- ties. Project QC Manager: The QC Manager is directly responsible to the Corporate OC'Safety Mar ages for implementation of this QC Plan, This specifically includes the responsibility to prepare and maintain the Submittal Register; to maintains test results; to conduct daily control inspections; and to prepare and submit the CQC Summary Reports, record material, equipment and craftsmanship inspections, deliver- ies, redlined drawings, corrective actions for deficiencies and rework inspections, and submittal proc- essing. in addition, the on -site QC Manager has independent reporting responsibility to the Corporate QC/Safely Manager. He also has full authority to stop work for deficiencies, Other duties included and performed by the on -site QC Manager in concert with the Site superintendent and PM includes: • Implementing the QC Program for the project. • Ensuring QC requirements are effectively implemented and integrated w th the project technical and programmatic activities. • Identifying QC requirements for subcontractors and vendors and monitoring performance. • Ensuring that appropriate QA requirements are included in subcontracts and that contact commit- ments are met. • Identifying requirements fo - sufficient staff and other resources to ensure effective implementation of applicable QC requirements. • Ensuring that quality - related issues ant problems are identified and that corrective actions are taken. • Initiating (in consultation wth the Corporate QC Program Manager and the Corporate QA Officer) Stop Work Orders when required. • Ensuring that focal codes, standards, and regulations, as well as applicable cornmercia: practices, are appropriately specified and met. • Ensuring that procedures for the control of work activit es that affect quality are available, clearly understood, and effectively used. • Assessing training needs for project staff on each project assignment and ensuring that needed training ;s completed to achieve and maintain proficiency. • Implementing continual quality improvements as appropriate in assigned work areas. : #P" RESPONSE TO BOYNTON HARBOR MARINA SiGNAGE & LANDSCAPING PROJECT 1 INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAB 6 2.0 BIDDER(S) QUALIFICATION 2,7 QUALITY CONtlTROL. PROGRAM Definable Features of Work Tnis s a list v` workmanslip features related to the WSS that the QC Irspector (C)Ci) is required to inspect to determine if the work is acceptable (e.g., poured concrete floor has checks for density or strength, thickness). The list of definable features consists of several pages of inspection and specifica- tion items and is typically attached to the CQC Plan. Submittals Submittal Processing. The QC Manager / Project Manager will obtain all submittals required for this project from subcontractors, suppliers, and vendors. The QC! will prepare documentation required to forward submittals to the Owners representative and the COR as required by the contract documents for approval. The status of all submittals wi i be entered on the Submittal Register and tracked Submittal Register. The QC Manager maintains the Submittal Register, It provides a detailed listing of all submittals required by the contract plans and spec ficalions fol owing the Notice to Proceed Shop Drawings Review Prior to submittal by the QC Manager, the snap drawings are reviewed and approved by the QC Man - ager and Submittal Reviewer or his designee. The review is then documented, chances are made if required, and the review procedure is filet. Ii 1 : wwwwr,u•r• TA s.,v.aTnu unoeno nnewua C11211/1120 R I EIIffRCOPING PROJECT ! INVITATION FOR 810 TAR 7 2.0 13JDDER(S) QUALIFICATION 2.8 SCHEDULE ACHIEVENMENi PROGRAM 2.8 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will he met. the coiretstone to successful integration of in. house tradesmen and local subcontractors wor< is schedu ing. Effective scheduling can cause a pro lo runring efficiently, nc matter how many sub contractors are involved. However, ineffective scheduling can result in work stoppages poor quality, confusion, and ultimately, project failure. West Construct on, Inc. has a truly top -notch scheduling de- partn within our company and have the ability to successfully coordinate the work of everyone in- volved in our projects, no matter how many activities are simultaneously underway, In addition, our on- site teams 'are very successful and experienced in coordinating he work of everyone irvolved on the project. We will utilize Primavera planning system software for this contract that autornatical y links specific parts, and/or tasks, of the project. The critical deadlines and key dates are initially entered. therefore, any changes made to the schedule will trigger a 'red flag' based on these deadlines and key dates. After the initial setuo of the project schedule, actual dates are entered as tasks are completed resulting in automatic shifting and adjusting of the overall schedule - deadlines are left in place unless specifi- cally changed. The scheduling software utilizes a computerized Critical Path Method (CPM) scheduling in Precedence Diagramming Method (PDM) format, This software package allows us the ability to integrate cost and schecule controls into a single reference. All schedules will be resource - loaded anc illustrated in a time- scaled bar chart format supported by logical relationship- listing all predecessor and successor activities We will develop al' required Work Breakdown Structures (WBS) for the compete project, which will be the hierarchical structure of all the tasks required lo execute all aspects and phases of this Protect. Our process begins with creating an Executive Level baseline schedule identifying the overall goals (milestones) of the project We will work closely with the VA contracting representative n developing the major milestones, phasing requirements and coordination efforts for the master schedule genera- tion, We will meet with all subcontractors and get their input to breakdown the project into tasks of the work (WBS) to determine the planned tinning and phasing requirements. We will establish which tasks need to he completed before others can begin, which tasks can be completed simultaneously, and any external constraints that affect when a task can take place This modeling of relationships between tasks develops a realistic and workable schedule The levels of the Work Breakdown Struct (WETS) shall follow the format below: • Level 0- Overall Contract Program • Level 1- Area/Type of Work • Level 2- Phase - (Design Phase. Permitting Phase, procurement Phase, Construction Phase) • Level 3- Discipline PhasetFunction • I evel 4- Work Package • Level 5- Grout; of Deliverabesl)ccuments • Level 6- TasklActivity 1111 Once awarded the contract, we integrate the resources (people, equipment, and materials) and . RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT" / INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 TAR 7 2.0 BIDDER(S) QUALIFICATION 2.8 SCHEDULE ACHIEVEIVIEN1 PROGRAM budgeted cost into he system. This provides the tool to track and troublemot the project by determin- ing if the work is progressing on schedule and dealirg with unforeseen elements that may threaten the timely completion of the project. 11111i.m. rut newiurreq.as LIt.Oflf RrA DIMA Cl/2MM= IL 1 hiunarAmin PRO. MCI / INVITATION FOR RID TAB 8 2.0 RtI)l)1 ?R(S) QIJAI,tFl('M ION 2.11 SUBCONTRACTORS 2.11 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontracto~ and the name ot'the person(s) to he coita•acted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors, CRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of (1(A, will he in the best interest of and/or most advantageous to ('RA. ('RA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failed in the proper performance of all award or failed to deliver Contracts of a similar nature on tithe, or is not in a position to perform properly under this award. The CRA reserves all rights in order to wake a determination as to the fore go.i ng. Bidder(s) shall include in their Rid a statement that if'selected to enter into a Constric Lion Services Contract, that they shall periodically- throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the Project. Please see attached Bidder(s) statement. Y r RESPONSE TO BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT I INVITATION FOR BID DATE ISSUED: JANUARY 10, 2013 WEST CONSTRUCTION, INC 318 S Dixie Hwy Suite 4 -5 Lake Worth, FL 33460 -4441 Phone (561) 588 -2027 Fax (561) 582.94113 Federal ID # 59- 1809068 A 11 DATh: February 4. 2013 Boynton Beach Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL :33435 1Ui Response to Boynton 1 larbor Marina Sigmtgc and Landscaping Project To Whom It 14Iay Concern. West Construction, Inc., once selected for the Boynton Ilarbor Marina Signagc and Landscaping Project, shall periodically throughout the term olthe Contract, provide the CRA with an updated list of all subcon- tractors working on the Project. Sincerely, Martha A. Morgan Pre s ident Nest Construction, Inc. ATTACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Issuance Date: January 10, 2013 Bidder(s)s Name: West Construction, Inc. Name /Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: Cerrito Electric Address: 2765 Vista Parkway, Suite 1 Electrical $12,000.00 West Palm Beach, FL 33411 Phone: 561 790 - 0775 Name: Country West Landscaping Address: 101 Royal Court Landscaping $20,300.00 Royal Palm Beach, FL 33411 Phone: 561- 793 -2066 Name: Address: Phone: 16 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project 3 TAB 9 2.0 HI DDER(S) Ql !A 1.I FI('ATlOT< 2.12 DRUG -FREE WORKPLACE CERTIFICATION 2.12 Drug-Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall eertity that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its hid the attached certification, Attachment "G" Drug Free Workplace (edification. Failure to include an executed certification may cause the bid to he considered non - responsive. Please see attache) At,achment NM =_u ATTACHMENT "C" IIk1IG- FIEF; WORKPLACE CERTIFICATION Prcfeaencc shall he given to businesses with drug -free workplace programs. Whenever two (2) or more bids, which are equal with respect to price. quality and service, are received by the Boynton I3eaci Community Redevelopment Agency or by any political subdivision for the prmorcment of conimodilies or contractual services, a bid received from a business that certifies that h has implemented a drug -free workplace program shall he given prefere r.;e in the ativard process. Established procedures for processing lie bids will he followed it' none of the tied vendors have a drug -free workplace ltinograin. In order to have a drug free workplace hrotrratn, a business shall: I ) Publish a statemen: notifying employees that the unlawful ntanufRtcture, distribution. dispensing, possession o: use of a coat - oiled s_rhstance is prohibited in the workplace. and specifying the actions that will he taken against employees for violations of such prohibition. 2) In - mot employees about the danger; of chug abuse in the workplace. the business' policy of maintaining, a drug -tree workplace. any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that arc under laid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on thc commodities or contractual services that are un <.cr bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contcndcrc to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation cx:curring in thc workplace no later than five (5) days after such conviction. Impose a sanction on or require the satisfactory participation in o drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted, 6) Make a good faith effort to continue to maintain a drug- free workplace through implementation of this section. As the person authorized to sign the .Statement, I certify that this Brut complies hilly with the above requirements. 1 7 7:1 nidder(s)'s Signature Martha A. Morgan, President Title f /3 West Construction, Inc. J of 19 Boynton Beach Community Redeve•opment Agency Boynton Harbor Marina Signai;e & Landscaaing Project TAB 1Ct 3.O PRICING AND COSTS 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Bit! along with a breakdown of costs per Construction Division for the project scope the Bidder(s) will responsible: for undertaking. The scope of the Biddcr(s) work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents, Please see attached Attachment "H ". 3.2 Labor Rates Provide Schedule of Labor Rates ;or all personnel (and consultants, if any) providing Construction Services. To be determined. This information wil be provided upon award cf contract. 3.3 Self Perform Identify all work your firm would propose to self' perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. V6test Construction, Inc. has self - performed concrete work, site work, carpentry, drywall, door and win- dow installation and siding Whatever is most fiscally advantarjeous for the CRA will dictate what work Is self - performed by our firm. .� ..9 , MIL WY' * uraLe cncy am ATTACHMENT "H" COST BID Project Title: BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING PROJECT Name of West Construction, Inc. Bidder(s): We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract Documents. Having studied the documents prepared by: Kimley -Horn & Associates and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ 96,465.00 Ninety-six thousand four hundred sixty-five Dollars and Zero Cents * *LETTERS ARE REVERSE CHANNEL TYPE. (amount written in words has precedence) The undersigned Bidder(s) agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within 120 calendar days thereafter. X One (1) Original, one (1) unbound copy and one (1)CD/DVD of bid submitted Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. X Schedule of Subcontractor(s) submitted. X Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Bidder(s), by and through the submission of his Bid, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, 18 of 19 Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Signage & Landscaping Project location. surface and underground obstructions, nature of tite gro.tnd water tablc, conditions and all oilier physical characteristics of the work in urdet that is may therelay pit wide for the satisfactory completion thereof, including the removal, relocation or 7'ep:acet, ent of any objects or obstructions which will be en;ounicred in performing the proposed work. The Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) cu:ttests the award of this Project ';o mother Bidder(s). the l3idde:(s) damages, .f any. are limiter to actual Bid preparation costs, and Bicider(s) hereby waives any claim it may have for ether damages coming from tic Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Da te 02/04/2013 West Construction, Inc. Name of Bidder(s), Corporation, biro' or ntdivldustl By: Signature Martha A_ Morgan Printed /Typed Name President Title 561 - 588 -2027 Telephone Number Florida Contractor's License Number: CBCO570381CGC1516626 li ti tiQ� 4 EN I S43ti C t&A 302‘1. inn! I R N rinn 1 an& *pm O 1.tt3.13.dre 19 of 19 Boynton Beach Community ltedeve:opntent Agency Boynton harbor Marina Sigmrsc & Landscaping Project ATTACH M ENT "W AODEN »A ACKTYOWl Rig; E117EN1 Receipt is hereby acknowledged of the fbllowing addenda to the GENERA!, CONTRACTING, LANDSCAPING, IRRIGATION and S1(,NAGE SERVICES (Y)NSTRII( F ION COST INVITATION FOR 1310 by cntcr=ng YES or M) in the space provided and indicating date received. No. 1 No Date No No. 2 No Date No No.3 No Date No No. 4 No Date No No. 5 No Date No Al& - 13idder(s)'s Signature; Martha A. Morgan, President Title - -- - - -- — Vb'est ('onstniction, Inc. 02/04/2013 12 of 19 Boynton Beach Community Redeveloprirni Agency fieynton I larbo: Marina Signagc Landscaping Project A1i'ACF1MEN'I' "C" Rlt)DER(S) A(.KNC)WI,FDGFIVIENT AND ('OM P1 ,IANCF STATEMENT Submit Bids 1'0: Boynton Beach Community Redevelopment Agency 710 North Federnd Highway Boynton Bleach, 11. 33435 Release Date: January 10, 2013 Project Title: BOYNTON HARBOR MARINA SIGi1'AGE & LANDSCAPING PROJECT Bid Received By: IVlontlay, February 4, 2013. Bids must be received in their entirety by the Boynton 13eeaca CRA no later than 4:00 p.m. (local time). F3irs will he epcned in the Boynton Beach Commll`lily Redevelopment Agency Unless specified otherwise. Bid receiving date and time is scheduled for Monday, February 4, 2013, . NO LATER THAN 4:011 p.m. (local time) and fury not be withdrawn within ninety (90) days after such date and time. All awards inacle as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Belch Community Redevelopment Agency. Name of Vendor: West Construction, Inc. 1.D. Number: 59- 1809068 — A Corporation of the State of: Florida Telephone Number: ( 56 1 . _) 588_ - 2027_ Fax Number: ( 561 ) 582 - 9419 Mailing Address: 318 South Dixie Highway Suits 4 - City: Lake Worth State: Florida Florida zip: 33460._ Vendor Mailing Date: February 4, 2013 771 / Authorized Signature Martha. A. Morgan, President Name (Printed or Typed) 1.3 of 19 Boynton Beacclt l ommunity Redevelopment Agency Boy men Harbor Marina Signaage & I .andsca.iinp Project ATTACHMENT "0" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following is conviction for public entity crime may not: submit a ilk on a contract or provide any goods or services to a pinlic entity: submit a bid on a contract ►+pith a public entity lot' the construction or repair o1 pu.)lic building 01 public work; summit bids on leases of real p-operty to a public entity: be awarded or pet form work as a CONTRACTOR. supplier, subcontractor or consultant under it umitaci %dih any public, entity; 01 transact I:tuiness will' any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (.s6) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify than this firm complies folly with the above requirements. —2/1/4(AdY/A„ Bidde s)'s S gnatu�c Martha A. Morgan, President _ -- - - -___ Title 'Jest Constrttctiun, ]itc. 02/04/2013 • 14 of 19 Boynton Beach Community Redevelopment Agency Roynic n 1 turbot Marina Signage & Landscaping Project ATTACHMENT III AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement made as of the day of , 2013 Between the Owner: Boynton Beach Community Redevelopment Agency ( "CRA ") 710 North Federal Highway Boynton Beach, FL 33435 And the Contractor: West Construction, Inc. 318 South Dixie Hwy., Suite 4 -5 Lake Worth, FL 33460 -4452 The Project is: Boynton Harbor Marina Signage and Landscaping Project location: 222 N. Federal Highway Boynton Beach, FL 33435 The Architect is: Kimley -Horn & Associates 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 The Owner and Contractor agree as set forth below. ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by Kimley -Horn & Associates, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work) includes but is not limited to the following: 1) Signage Element and thematic fencing. 2) Landscaping. 3) Irrigation. 4) Lighting and electrical ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date to be fixed in a Notice to Proceed issued by the Owner but such time shall not commence until required Permit Documents are obtained by the Contractor. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than one- hundred- twenty (120) calendar days from the "Notice to Proceed" date subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contract in current funds for the Contractor's performance of the Contract the Contract Sum of dollars subject to additions and deductions as provided in the Contract Documents. 3.2 Performance of Contract shall be based on costs breakdown as described in Schedule of Values attached hereto as EXHIBIT "A" ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. The approved progress payments shall be paid in full less a 10% retainage amount. The retainage shall be released upon completion of the project and the Owner's receipt of a Certificate of Completion from the City of Boynton Beach and all requirements as referenced in. Article 5. ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Work has been completed, and Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Agreement Between Owner and Contractor. 6.1.2 The Project Drawings are attached hereto as EXHIBIT "B" GENERAL CONDITIONS ARTICLE 7 ARTICLE 9 CONTRACT DOCUMENTS CONTRACTOR 7.1 The Contract Documents consist of this Agreement with 9.1 The Contractor shall supervise and direct the Work, using the Conditions of the Contract (General, Supplementary and other Contractor's best skill and attention. The Contractor shall be Conditions), Drawings, Specifications, addenda issued prior to solely responsible for and have control over construction.. the execution of this Agreement, other documents listed in this means, methods, techniques, sequences and procedures and for Agreement and Modifications issued after execution of this coordinating all portions of the Work under the Contract,. unless Agreement, The intent of the Contract Documents is to include all Contract Documents give other specific instructions concerning items necessary for the proper execution and completion of the these matters. Work by the Contractor. The Contract Documents are 9.2 Unless otherwise provided in the Contract Documents, the complementary, and what is required by one shall be as binding Contractor shall provide and pay for labor, materials, equip - as If required by all; performance by the Contractor shall be ment, tools, construction equipment and machinery, water, required only to the extent consistent with the Contract Docu- heat, utilities, transportation, and other facilities and services ments and reasonably inferable from them as being necessary to necessary for the proper execution and completion of the produce the intended results. Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work, 7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect 9.3 The Contractor shall enforce strict discipline and good. and Contractor, (2) between the Owner and a Subcontractor or order among the Contractor's employees and other persons Sub - subcontractor or (3) between any persons or entities other carrying out the Contract. The Contractor shall not permit than the Owner and Contractor. employment of unfit persons or persons not skilled in tasks assigned to them. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- 9.4 The Contractor warrants to the Owner and Architect that iar with the local conditions under which the Work is to be materials and equipment furnished under the Contract will be performed. of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from 7.4 The term "Work" means the construction and services defects not inherent in the quality required or permitted, and required by the Contract Documents, whether completed or that the Work will conform with the requirements of the partially completed, and includes all other labor, materials, Contract Documents. Work not conforming to these require - equipment and services provided or to be provided by the ments, including substitutions not properly approved and Contractor to fulfill the Contractor's obligations. The Work may authorized, may be considered defective. The Contractor's constitute the whole or a part of the project. warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, ARTICLE 8 the Contractor shall furnish satisfactory evidence as to the kind OWNER and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the 8.1 The Owner shall furnish surveys and a legal description of Contractor shall pay sales, consumer, use, and other similar the site. taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely 8.2 Except for permits and fees which are the responsibility of scheduled to go into effect, and shall secure and pay for the the Contractor under the Contract Documents, the Owner shall building permit and other permits and governmental fees, secure and pay for necessary approvals, easements, assessments licenses and inspections necessary for proper execution and and charges required for the construction, use or occupancy of completion of the Work, permanent structures or permanent changes in existing facilities. 9.6 The Contractor shall comply with and give, notices 8.3 If the Contractor fails to correct Work which is not in required by laws, ordinances, rules, regulations, and lawful accordance with the requirements of the Contract Documents orders of public authorities bearing on performance of the or persistently falls to carry out the Work in accordance with Work. The Contractor shall promptly notify the Architect and the Contract Documents, the Owner, by a written order, may Owner if the Drawings and Specifications are observed by the order the Contractor to stop the Work, or any portion thereof, Contractor to be at variance therewith. until the cause for such order has been eliminated; however, 9.7 The Contractor shall be responsible to the Owner for the the right of the Owner to stop the Work shall not give rise to a acts and omissions of the Contractor's em to ees Owner trac- duty on the part of the Owner to exercise this right for the p }' benefit of the Contractor or any other person or entity. tors and their agents and employees, and other persons per forming portions of the Work under a contract with the Contractor. 9.8 The Contractor shall review, approve and submit to the ARTICLE 10 Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable ADMINISTRATION OF THE CONTRACT promptness. The Work shall be in accordance with approved submittals. When professional certification of performance 10.1 The Architect will provide administration of the Contract criteria of materials, systems or equipment is required by the and will be the Owner's representative (1) during construction, Contract Documents, the Architect shall be entitled to rely (2) until final payment is due and (3) with the Owner's concur- upon the accuracy and completeness of such certifications. rence, from time to time during the correction period described. in Paragraph 18.1 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish 10.2 The Architect will visit the site at intervals appropriate to caused by operations under the Contract. At completion of the the stage of construction to become generally familiar with the Work the Contractor shall remove from and about the Project progress and quality of the completed Work and to determine in waste materials, rubbish, the Contractor's tools, construction general if the Work is being performed in a manner indicating equipment, machinery and surplus materials. that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be 9.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on -site inspections to access to the Work in preparation and progress wherever check quality or quantity of the Work. On the basis of onsite located. observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the 9.11 The Contractor shall pay all royalties and license fees; shall Owner against defects and deficiencies in the Work, defend suits or claims for Infringement of patent rights and. shall hold the Owner harmless from loss on account thereof, but 10.3 The Architect will not have control over or charge of and. shall not be responsible for such defense or loss when a will not be responsible for construction means, methods, tech - particular design, process or product of a particular manufac- piques, sequences or procedures, or for safety precautions and turer or manufacturers is required by the Contract Documents programs in connection with the Work, since these are solely unless the Contractor has reason to believe that there is an the Contractors responsibility as provided in Paragraphs 9.1 Infringement of patent. and 16.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con - 9.12 To the fullest extent permitted by law, the Contractor shall tract Documents. indemnify and hold harmless the Owner, Architect, Architect's 10.4 Based on the Architect's observations and evaluations of consultants, and agents and employees of any of them from and the Contractor's Applications for Payment, the Architect will against claims, damages, losses and expenses, including but not review and certify the amounts due the Contractor and will limited to attorneys' fees, arising out of or resulting from issue Certificates for Payment in such amounts. performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or 10.5 The Architect will Interpret and decide matters concerning death, or to injury to or destruction of tangible property (other performance under and requirements of the Contract Docu- than the Work itself) including loss of use resulting therefrom, ments on written request of either the Owner or Contractor. but only to the extent caused In whole or in part by negligent The Architect will make initial decisions on all claims, disputes acts or omissions of the Contractor, a Subcontractor, anyone or other matters In question between the Owner and Contrac- directly or indirectly employed by them or anyone for whose tor, but will not be liable for results of any interpretations or acts they may be liable, regardless of whether or not such claim, decisions rendered in good faith. The Architect's decisions in damage, loss or expense is caused in part by a party Indemnified matters relating to aesthetic effect will be final if consistent with hereunder. Such obligation shall not be construed to negate, the intent expressed in the Contract Documents, All other deci- abridge, or reduce other rights or obligations of indemnity sions of the Architect, except those which have been waived by which would otherwise exist as to a party or person described making or acceptance of final payment, shall be subject to in this Paragraph 9.12. arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which 9.12.1 In claims against any person or entity Indemnified under does not conform to the Contract Documents. this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them 10.7 The Architect will review and approve or take other or anyone for whose acts they may be liable, the indemnifica- appropriate action upon the Contractor's submittals such as tion obligation under this Paragraph 9.12 shall not be limited by a Shop. Drawings, Product Data and Samples, but only for the limitation on amount or type of damages, compensation or limited purpose of checking for conformance with information benefits payable by or for the Contractor or a Subcontractor given and the design concept expressed in the Contract under workers' or workmen's compensation acts, disability Documents. benefit acts or other employee benefit acts. 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach 9.12.2 The obligations of the Contractor under this Paragraph thereof, shall be decided by arbitration in accordance with the 9.12 shall not extend to the liability of the Architect, the Archi- Construction Industry Arbitration Rules of the American Arbi- tect's consultants, and agents and employees of any of them tration Association currently in effect unless the parties mutu- arising out of (1) the preparation or approval of maps, drawings, ally agree otherwise and subject to an initial presentation of the opinions, reports, surveys, Change Orders, Construction claim or dispute to the Architect as required under Paragraph Change Directives, designs or specifications, or (2) the giving of 10.5, Notice of the demand for arbitration shall be filed in writ - or the failure to give directions or instructions by the Architect, ing with the other party to this Agreement and with the Ameri- the Architects consultants, and agents and employees of any of can Arbitration Association and shall be made within a reason - them provided such giving or failure to give is the primary able time after the dispute has arisen. The award rendered by cause of the injury or damage. the arbitrator or arbitrators shall be final, and judgment may be 12.3 Costs caused by delays, improperly timed activities or entered upon it in accordance with applicable law in any court defective construction shall be borne by the party responsible having Jurisdiction thereof. Except by written consent of the therefor. person or entity sought to be Joined, no arbitration arising out ARTICLE 13 of or relating to the Contract Documents shall include, by con- solidation, joinder or in any other manner, any person or entity CHANGES IN THE WORK not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is 13.1 The Owner, without invalidating the Contract, may order filed that (1) such person or entity is substantially involved in a changes in the Work consisting of additions, deletions or modi- common question of fact or law, (2) the presence of such person fications, the Contract Sum and Contract Time being adjusted or entity is required if complete relief is to be accorded in the accordingly. Such changes in the Work shall be authorized by arbitration, (3) the interest or responsibility of such person or written Change Order signed by the Owner, Contractor and entity in the matter is not insubstantial, and (4) such person or Architect, or by written Construction Change Directive signed entity is not the Architect or any of the Architect's employees or by the Owner and Architect. consultants. The agreement herein among the parties to the 13.2 The Contract Sum and Contract Time shall be changed Agreement and any other written agreement to arbitrate referred only by Change Order. to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement ARTICLE D ARTICLE 14 SUBCONTRACTS TIME 11.1 A Subcontractor is a person or entity who has a direct 14.1 Time limits stated in the Contract Documents are of essence of contract with the Contractor to perform a portion of the Work at the site. the Contract. By executing the Agreement the Contractor confirms that the Contract time is a reasonable period for performing the 11.2 Unless otherwise stated in the Contract Documents or the Work. bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the 14.2 The date of Substantial Completion is the date certified by Owner through the Architect the names of the Subcontractors the Architect in accordance with Paragraph 15.3, for each of the principal portions of the Work. The Contractor 14.3 If the Contractor is delayed at any time in progress of the shall not contract with any Subcontractor to whom the Owner Work by changes ordered In the Work, by labor disputes, fire, or Architect has made reasonable and timely objection. The unusual delay in. deliveries, abnormal adverse weather condi- Contractor shall not be required to contract with anyone to tions not reasonably anticipatable, unavoidable casualties or any whom the Contractor has made reasonable objection. Contracts causes beyond the Contractor's control, or by other causes between the Contractor and Subcontractors shall (1) require which the Architect determines may justify delay, then the each Subcontractor, to the extent of the Work to be performed Contract Time shall be extended by Change Order for such rea- by the Subcontractor, to be bound to the Contractor by the sonable time as the Architect may determine. terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the ARTICLE 15 Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcontractor the PAYMENTS AND COMPLETION benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. ARTICLE 12 15.2 Payments may be withheld on account of (1) defective CONSTRUCTION BY OWNER OR Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontrac- BY SEPARATE CONTRACTORS tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal- 12.1 The Owner reserves the right to perform construction or ante of the Contract Sum, (5) damage to the Owner or another operations related to the Project with the Owner's own forces, contractor, (6) reasonable evidence that the Work will not be and to award separate contracts in connection with other por- completed within the Contract Time and that the unpaid bal- tions of the Project or other construction or operations on the ante would not be adequate to cover actual or liquidated dant- site under conditions of the contract identical or substantially o tsthe for the Work in cco d nce the Contract Documents. similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or 15.3 When the Architect agrees that the Work is substantially additional cost is involved because of such action by the Owner, complete, the Architect will issue a Certificate of Substantial the Contractor shall make such claim as provided elsewhere in Completion. the Contract Documents. 15.4 Final payment shall not become due until the Contractor 12.2 The Contractor shall afford the Owner and separate con- has delivered to the Owner a complete release of all liens arising tractors reasonable opportunity for the introduction and storage out of this Contract or receipts in full covering all labor, mate of their materials and equipment and performance of their rials and equipment for which a lien could be filed, or a bond activities, and shall connect and coordinate the Contractor's satisfactory to the Owner to indemnify the Owner against such construction and operations with theirs as required by the Con- tract Documents. lien. If such lien remains unsatisfied after payments are made, itself to property which may arise out of or result from the the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such, Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any - including all costs and reasonable attorneys' fees. one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified' 15.5 The making of final payment shall constitute a waiver of in the Contract Documents or required by law, whichever claims by the Owner except those arising from: coverage is greater, and shall include contractual liability insur- .1 liens, claims, security interests or encumbrances arising ance applicable to the Contractor's obligations under Paragraph out of the Contract and unsettled; 9.12. Certificates of such insurance shall be filed with the .2 failure of the Work to comply with the requirements of Owner prior to the commencement of the Work. the Contract Documents; or 17.2 The Owner shall be responsible for purchasing and main - 3 terms of special warranties required by the Contract taining the Owner's usual liability insurance. Optionally, the Documents. Owner may purchase and maintain other insurance for self - Acceptance of final payment by the Contractor, a Subcontractor protection against claims which may arise from operations or material supplier shall constitute a waiver of claims by that under the Contract. The Contractor shall not be responsible for payee except those previously made in writing and identified by purchasing and maintaining this optional Owner's liability that payee as unsettled at the time of final Application for insurance unless specifically required by the Contract Payment. Documents. 17.3 Unless otherwise provided, the Owner shall purchase and ARTICLE 16 maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, PROTECTION OF PERSONS AND PROPERTY property insurance upon the entire Work at the site to the full Insurable value thereof. This insurance shall be on an alllrisk 16.1 The Contractor shall be responsible for initiating, main- policy form and shall include interests of the Owner, the. taining, and supervising all safety precautions and programs in Contractor, Subcontractors and Sub - subcontractors in the connection with the performance of the Contract. The Con- Work and shall insure against the perils of fire and extended tractor shall take reasonable precautions for safety of, and shall coverage and physical loss or damage including, without dupli- provide reasonable protection to prevent damage, injury or loss cation of coverage, theft, vandalism and malicious Mischief, to: 17.4 A loss insured under Owner's property insurance shall be .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as be affected thereby; fiduciary for the insureds, as their interests may appear, subject .2 the Work and materials and equipment to be incor- to the requirements of any applicable mortgagee clause. porated therein; and .3 other property at the site or adjacent thereto. 17.5 The Owner shall file a copy of each policy with the Con- tractor before an exposure to loss may occur. Each policy shall The Contractor shall give notices and comply with applicable contain . a provision that the policy will not be cancelled or laws, ordinances, rules, regulations and lawful orders of public allowed to expire until at least 30 days' prior written notice has authorities bearing on safety of persons and property and their been given to the Contractor, protection from damage, injury or loss. The Contractor shall 17.6 The Owner and Contractor waive all rights against each promptly remedy damage and loss to property at the site caused other and the Architect, Architect's consultants, separate con - In whole or in part by the Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any tractors described in Article 12, if any, and any of their subcon- of them, or by anyone for whose acts they may be liable and for tractors, sub - subcontractors, agents and employees, for dam - which the Contractor is responsible under Subparagraphs 16.1.2 ages caused by fire or other perils to the extent covered by and 16.1.3, except for damage or loss attributable to acts or property insurance obtained pursuant to this .Article 17 or any omissions of the Owner or Architect or by anyone for whose acts other property insurance applicable to the Work, except such either of them may be liable, and not attributable to the fault or rights as they may have to the proceeds of such insurance held negligence of the Contractor. The foregoing obligations of the by the Owner as fiduciary. The Contractor shall require similar Contractor are in addition to the Contractor's obligations under waivers in favor of the Owner and the Contractor by Subcon- Paragraph 9.12. tractors and Sub - subcontractors. The Owner shall require simi- lar waivers in favor of the Owner and Contractor by the Archi- 16.2 The Contractor shall not be required to perform without tect, Architect's consultants, separate contractors described in consent any Work relating to asbestos or polychlorinated Article 12, if any, and the subcontractors, sub - subcontractors, biphenyl (PCB), agents and employees of any of them. ARTICLE 17 ARTICLE 16 INSURANCE CORRECTION OF WORK 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in 18.1 The Contractor shall promptly correct Work rejected by the jurisdiction in which the Project is located insurance for the Architect or failing to conform to the requirements of the protection from claims under workers' or workmen's compen- Contract Documents, whether observed before or after Sub - sation acts and other employee benefit acts which are applic- stantial Completion and whether or not fabricated, installed or able, claims for damages because of bodily injury, including completed, and shall correct any Work. found to be not in death, and from claims for damages, other than to the Work accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Com- pletion of the Contract or by terms of an applicable special war - ARTICLE 20 ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE CONTRACT to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to 20.1 If the Architect fails to recommend payment for a period establish a period of limitation with respect to other obligations of 30 days through no fault of the Contractor, or if the Owner which the Contractor might have under the Contract Docu- fails to make payment thereon for a period of 30 days, the Con - ments. Establishment of the time period of one year as tractor may, upon seven additional days' written notice to the described in Paragraph 18.1 relates only to the specific obliga Owner and the Architect, terminate the Contract and recover tion of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the from the Owner payment for Work executed and for proven Contract Documents may be sought to be enforced, nor to the loss with respect to materials, equipment, tools, and construc time within which proceedings may be commenced to establish tion equipment and machinery, including reasonable overhead, the Contractor's liability with respect to the Contractor's profit and damages applicable to the Project. obligations other than specifically to correct the Work. ARTICLE 19 20.2 If the Contractor defaults or persistently falls or neglects to carry out the Work in accordance with the Contract Docu- MISCELLANEOUS PROVISIONS ments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and 19.1 The Contract shall be governed by the law of the place without prejudice to any other remedy the Owner may have, where the Project is located. may make good such deficiencies and may deduct the cost thereof, including compensation for the Architects services and 19.2 As between the Owner and the Contractor, any applicable expenses made necessary thereby, from the payment then or statute of limitations shall commence to. run and any alleged thereafter due the Contractor. Alternatively, at the Owner's cause of action shall be deemed to have accrued: option, and upon certification by the Architect that sufficient .1 not later than the date of Substantial Completion for cause exists to justify such action, the Owner may terminate the acts or failures to act occurring prior to the relevant Contract and take possession of the site and of all materials, date of Substantial Completion; equipment, tools, and construction equipment and machinery .2 not later than the date of issuance of the final Certifi- thereon owned by the Contractor and may finish the Work by cate for Payment for acts or failures to act occurring whatever method the Owner may deem expedient. If the unpaid subsequent to the relevant date of Substantial Com- balance of the Contract Sum exceeds costs of finishing the pletion and prior to issuance of the final Certificate for Work, including compensation for the Architect's services and Payment; and expenses made necessary thereby, such excess shall be paid to .3 not later than the date of the relevant act or failure to the Contractor, but if such costs exceed such unpaid balance, act by the Contractor for acts or failures to act occur - the Contractor shall pay the difference to the Owner. ring after the date of the final Certificate for Payment. This Agreement entered into as of the day and year first written above. CONTRACTOR WEST CONSTRUCTION, INC. By: Date: Martha A. Morgan President OWNER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: EXHIBIT A PROJECT SCHEDULE of VALUES Boynton Harbor Marina Landscaping & Signage Project a - 0/ Sd 0i C D. ea ' O N co it in E ai C a *� -p - . cL Z � a c i� c 8y$ of o 10 cp � N V m -- m o c m Y! 4 I- 3 0 Z 1' O IA > a) C ea c t„ o �, c L a. M U X L L a1 L N N LC 0 V �! 03 CI L o c m M o tEpo3 @t a) a� Q° C..i b c (M a 0 V o a o F � 0 p _ - C ii RI O Q O u u a "v' 7 v R a - C N .-C. o - d �Q E Q c o g CD E °� W m ii z V as F^ C IL s > E c , „ R O 7 u D .= y t v W E m 3 L , L , � " c a@ IW+ui V' jo pt t p Q v,joL �(w�rn° °' �c t . . 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L O o co L N 2 5 11- p O _ w C N U' ~ z Z ll.l Z a 0 CC = r 44 M 'V an CO n CO to 0 4- N th C' O 4 Prime Contract Change Order (CO) Project Information Prime Contract Change Order Project # 13 -1135 BOYNTON HARBOR CO # 001 Title BOYNTON HARBOR MARINA SIGNAGE & LANDSCAPING Issue Date 03/04/2013 Address 735 CASA LOMA BLVD Subject CREDIT FOR OWNER PAID PERMIT FEES City, State, Zip BOYNTON BEACH, FL 33435 Country Owner /Customer Prime Contract Company Contact MICHAEL SIMMON Contact Chris Caprio Company BOYNTON BEACH CRA Company West Construction Address 710 N. FEDERAL HIGHWAY Address 318 S. Dixie Hwy. Suite 4 - City, State, Zip BOYNTON BEACH, FL 33435 City, State, Zip Lake Worth, FL 33460 -4452 Country Country United States Phone 561- 737 -3256 Phone 561- 588 -2027 Fax Fax 561- 582 -9419 You are directed to make the following changes to this Contract: ( CPR # 001: DEDUCTIVE CREDIT FOR OWNER PAID PERMIT FEES CREDIT FOR OWNER PAID PERMIT FEES All other terms and conditions of the Contract Documents shall remain in effect. Original Contract Price $96.465.00 Net change by previous Change Orders $0.00 Contract Amount Prior to this Change $96,465.00 Amount of this Change Order ($1,849.42) Revised Contract Amount, including this Change Order $94,615.58 , The Contract time due to this Change Order is to be determined at a later date. Response: ❑ Accept ❑ Do Not Accept Company Company B Date By Date Change Order Financial Impact Details Item No. Item Descri•tion Quantit Unit Unit Price Total Price 1 CPR # 001 : CREDIT FOR OWNER PAID PERMIT FEES 1 LS - 1849.4200 - 1849.4200 CO Financial Impact = ($1,849.42) 3/4/13 Page 1 of 1 EXHIBIT B DRAWING LIST UPON WHICH THE GUARANTEED MAXIMUM PRICE IS BASED Boynton Harbor Marina Landscaping & Signage Project Sheet Date Revision L -00 05/07/2012 None L -00 06/25/2012 None Survey Plan 06/07/2012 None L -002 10/23/2012 City Comments L -100 10/25/2012 City Comments L -150 10/25/2012 City Comments L -151 10/25/2012 City Comments L -200 10/23/2012 City Comments L -250 06/13/2012 City Comments 11141# 06/13/2012 City Comments L -300 10/23/2012 City Comments L -350 10/23/2012 City Comments L -351 06/13/2012 City Comments L -352 06/13/2012 City Comments L-400 10/23/2012 City Comments BOYNTON =BEA RA CRA BOARD MEETING OF: March 13, 2013 Consent Agenda X Old Business New Business Legal Information Only SUBJECT: Consideration of Additional Amendments to Executive Director's Contract SUMMARY: At the February 12, 2013 CRA Board meeting, the Board approved one change to the Executive Director's contract; the term of resignation from 60 days to 30 days. In reviewing Section 4.0 Vacation and Sick Leave, with the City's Finance Department it was determined that it is not necessary to state within the contract document, the starting hours of vacation and sick time as these numbers change each pay period and are tracked by the City's Payroll Department. Therefore, legal recommended amending Section 4 of the contract to read as follows: "4.1 The Employee shall be entitled to accrue, use and cash out, sick and vacation leave pursuant to the CRA's paid leave benefits policy." Additionally, the Board approved a 3% salary increase effective October 1, 2013 affecting Section 3.0, Salary. Legal recommended bringing these changes to the contract to the Board for approval. The Restated Employment Agreement is attached. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Approve the recommended changes to Section 4.0 and 3.0 of the Executive Director's Contract. Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \March 2013\Additional Amend ED Contract.doc RESTATED EMPLOYMENT AGREEMENT This employment agreement ( "Agreement "), is made and entered into on this 12 day of February, 2013, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA "), and VIVIAN L. BROOKS, (the "Employee ") (collectively, the "Parties "). WHEREAS, the Board desires to employ the Employee, as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of Employee; and WHEREAS, Employee desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1.1. The CRA agrees to employ Employee as the full -time Executive Director of the CRA to perform the functions and duties necessary to manage its operations. 1.2. The general scope of duties is set forth in the job description attached hereto as Exhibit "A ". 1.3. Employee agrees to perform her duties and other such legally permissible and proper duties and functions, consistent with the office of the Executive Director, as the Board of Commissioners of the CRA (the "Board ") shall assign from time to time. Deleted: S: \CA \CRA \Brooks Restated Employment Ageement.doc T: \HUMAN RESOURCES\Executive Director\Brooks Restated Employment Agreement.doe, 2.0. Term. 2.1. This Agreement shall become effective and the term of employment as Executive Director shall commence on the date approved by the Board for a one (1) year term. This Agreement may be terminated by either party pursuant to Section 10. 2.2. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the CRA to terminate the services of the Employee at any time, with or without cause, when done in accordance the provisions set forth in Section 10 of this Agreement. Termination without cause shall require a thirty days notice to Employee. The CRA may accept the resignation effective a date prior to the expiration of thirty (30) days, but in that event, the CRA shall still pay Employee until the end of the thirty (30) days, subject to the twenty (20) week limitation on severance referred to in section 10.0. With respect to severance, in the event of any conflict between the terms of this agreement and the provisions of Laws of Florida 2011 -143, the provision of the 2011 -143 shall control. 2.3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the CRA, subject only to the requirements and provisions set forth in Section 11 of this Employment Agreement. Employee shall give CRA a thirty (30) day notice of resignation. 3.0. Salary, 3.1. The CRA agrees to pay Employee for services rendered commencing upon the date of the execution of this Agreement at an annualized base salary of $ 118,450.00 payable for time employed in bi- weekly amounts of $4,555.76 (subject to customary withholding and deductions). Such payment will be made consistent with existing CRA pay periods. It is recognized that the CRA . Deleted: S: \CA \CRA\Brooks Restated Empbyment Agreement.doc T:UIUMAN RESOURCES\Executive Director\Brooks Restated Employment Agreetnent.doc, pay periods are bi- weekly and if the pay periods change, the employee's annualized base salary shall not change. 3.2. Notwithstanding reference to "term" and "annualized salary ", reference to those terms does not imply a fixed term of employment and Employee is not entitled to compensation other than for time actually employed by the CRA, unless as stated elsewhere in this Agreement. 3.3. The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase. Deleted: be 3.4. Notwithstanding the Board's rights as set out in 3.3 above, the Board shall conduct a Deleted: paid Deleted: under formal review annually in advance of the anniversary date of this Agreement and prior to granting Deleted: the following terms and conditions:¶ <# >Vacation Leave. Employee is a extensions to the term as set out in section 2.1 of the Agreement. It is the Board's responsibility to current employee of the CRA and accrues vacation leave at a rate of 4.62 hours per pay period. However, in no event shall conduct a formal review and in the event the Board does not complete such annual formal review the 320 vacation io be allowed to accrue more Il than 320 vacation during her employment. The maximum number of 30 days prior to the end date of this Agreement, the Agreement will automatically vacation hours that Employee may accrue within thirty � ) Y P g g Y cannot exceed 320 hours. Hours accrued in excess of 320 hours will be forfeited. Upon separation for any reason the CR' renew under the existing terms and conditions. The Employee shall initiate the review process by will pay out all accrued vacation time to 320 hours. 1! adding it to the Agenda and the Board shall conduct the review in a timely manner and vote on the E mpl o Employee shall notify Board Leave. g g Y Employee shall notify the Board fifteen (15) days prior if taking more than five (5) Employees performance review. business days off. Employee will also p notify the Board of her designee in her absence. '9 <4 >Sick Leave. Employee is a current 4.0. Vacation and Sick Leave. employee of the CRA and accrues sick lime at the rate of 3.69 hours per pay period. Sick leave may be used only for 4.1. The Employee shall be entitled to Accrue,_ use,, and cash out sick and vacation leave actual illness. The maximum number of sick hours that Employee may accrue l I( cannot exceed 480 hours. Hours accrued Uf9llaPlt to the l�A'Skdld leave e_lePtS2O ic_y, in excess of 480 hours will be forfeited. Upon separation for any reason the CRA will pay out all accrued sick time up to 5.0. Insurance. 480 hours. ¶ At time of approval of this Agreement, Employee has 73.21 hours of vacation 5.1 . CRA agrees to provide at no cost to Employee health, dental, life, and disability accrued and 199.31 hours of sick leave accrued. insurance for Employee consistent with health insurance policies consistent with those in effect as , {Deleted: S:\CA\CRA\Brooks Restated 1 Employment Agreement.doc T:\}1UMAN RESOURCES\Executive Director \Brooks Restated Employment Atreetnent.doc, of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff employees change. the Employee's benefits will change accordingly. 6.0. Automobile /Car Allowance. 6.1. The Employee's duties require that she have the use of an automobile during her employment by the CRA. Employee shall be compensated for the use of her personal automobile for CRA business at the prevailing IRS mileage rate at the time of the travel. 7.0. Le2a1 Holidays. 7.1. The Employee is not required to work office hours on legal holidays as designated from time to time by the CRA. 8.0. Outside Activities and Hours of Work. 8.1. The Employee shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board. 8.2. Employee shall disclose at the next regularly scheduled Board meeting her involvement in any business, charitable and corporate (for profit and not for profit) organizations. 8.3. Employee shall comply with the provisions of the State of Florida and Palm Beach County Code of Ethics, as each is amended from time to time. 9.0. Professional Development. 9.1. The CRA agrees to budget and pay Employee's membership costs in the American Planning Association (APA), the American Institute of Planners (AICP), the Florida Redevelopment Association (FRA), and the Urban Land Institute (ULI) which are determined by the CRA to be for the good of the CRA. At any time during the term of this Agreement the Board may decide to not pay Deleted: S:\CA\cRA\Brooks Restated Employment Agreement.doc T:\HUMAN RESOURCES\Executive Director\Brooks Restated Employment Ageement.doc, for Employee's reasonable membership costs in these organizations, if they decide that it no longer is in the best interest of the CRA. 9.2. The CRA hereby agrees to consider to budget for and pay Employee's travel and subsistence expenses to attend one national convention (e.g. Urban Land Institute (ULI), American Planning Association (APA), International Council of Shopping Centers (ICSC), National Trust for Historic Preservation (NTHP) and one Florida conference (e.g. Florida Redevelopment Association) per year. 9.3. The CRA will reimburse Employee for documented and justifiable expenses incurred for the purpose of promoting the CRA district within the amounts authorized in the CRA budget. 10.0. Termination. 10.1. Employee is an at will employee of the CRA who serves at the pleasure of the Board. This Employment Agreement may be terminated by either party, without cause. If the Employee is terminated without cause, Employee must be given no less than thirty (30) days notice of termination. In lieu of notice of termination, subject to any limitation on severance pay provided by state law, as amended from time to time, the Board will provide severance pay in the amount not to exceed an amount greater than twenty (20) weeks of actual compensation plus earned and accrued vacation and sick leave. If termination is for cause Employee shall not be entitled to any severance pay but shall receive accrued vacation and sick pay. 11.0. Indemnification. 11.1. In accordance with the provisions and limitations of Florida Statute Section 111.07, the CRA shall provide an attorney to defend any civil action in which Employee is joined as a party in her capacity as Executive Director of the CRA.. D eleted: S : \CA \CRA\Brooks Restated Employment Agreement.doc T:\HUMAN RESOURCES\Executive Director \Brooks Restated Employment Agreement.do�r 12.0. Other Terms and Conditions of Employment. 12.1. The Board may establish other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of the Agreement or any other applicable laws of the City of Boynton Beach or State of Florida. 13.0. Notices. 13.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson and Board Attorney 100 East Boynton Beach Blvd. Boynton Beach, Florida Employee: Vivian Brooks 235 Santa Lucia Drive West Palm Beach, FL 33405 13.2. Alternatively, notices required pursuant to this Agreement may be personally served by hand delivery or in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 14.0. General Provisions. 14.1. The text in the Agreement shall constitute the entire agreement between the parties and supersedes any prior stipulations, understandings or agreements. 14.2. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. Deleted: S: \CA \CRA\Brooks Restated Employment Agreement.doc T:\HUMAN RESOURCES\Executive Director \Brooks Restated Employment Aszeement.dor, 14.3. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 14.4. This Agreement may be executed in counterparts; each of which will be deemed to be an original, but all of which together will be deemed to be one and the same instrument. This Agreement may also be executed by exchange of facsimile or other electronic transmissions between the Parties. 14.5. If either party incurs legal fees or litigation expenses, whether or not an action is instituted, to enforce the terms of this Agreement or to recover damages or injunctive relief for breach of this Agreement, it is agreed that the successful or prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and Vivian Brooks, Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By. Woodrow L. Hay, Chair Approved as to form: r ,1 Deleted: S: \CA \CRA\Brooks Restated Employment Agreement.doc 1 T:\HUMAN RESOURCES\Executive Director\Brooks Restated Employment Agreement.doc, James A. Cherof, CRA Attorney Vivian L. Brooks Deleted: S: \CA \CRA\Brooks Restated Employment Agreement.doc 1 TANUMAN RESOURCES\Executive Director\Brooks Restated Employment Acreement.doc BOYNTON CRA BEACH CRA BOARD MEETING OF: March 13, 2013 Consent Agenda I I Old Business I X I New Business I I Legal ! I Executive Director's Report SUBJECT: Consideration of Audit Committee in accordance with Florida Statutes, Title XIV, Chapter 218.391 SUMMARY: The Florida Statutes, Title XIV, Chapter 218.391 (attached) requires local government entities to establish an Audit Committee. The primary purpose, according to statute, is to assist the governing body in selecting an auditor to conduct the annual financial audit. The CRA had a contract with Sanson Kline Jacomino Tandoc & Gamarra, LLP to perform the annual audit for the fiscal years ending September 30, 2008, 2009, 2010, 2011 and 2012. Therefore it is necessary to solicit proposals for auditing services for the fiscal year ending September 30, 2013 and beyond. Upon approval of an Audit Committee, the Finance Department will send out a formal Request for Proposal for a "Five Year Contract for Financial Auditing Services" to cover the fiscal years ending September 30, 2013, 2014, 2015, 2016 and 2017. The Audit Committee will rank and recommend, in order of preference, no fewer than three firms deemed to be the most highly qualified to perform the required scope of services. Staff is recommending that the Audit Committee be comprised of the Finance Director, Executive Director and Finance Assistant. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: All CRA Plans and Programs RECOMMENDATIONS /OPTIONS: Approve an Audit Committee comprised of the CRA's Finance Director, Executive Director and Finance Assistant for the purpose ofrecominending a CPA firm to conduct the annual audit of the CRA's financial statements. Susan Harris Finance Director Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2012 Go The 2012 Florida Statutes Title XIV Chapter 218 View Entire TAXATION AND FINANCIAL MATTERS PERTAINING TO POLITICAL Chapter FINANCE SUBDIVISIONS 218.391 Auditor selection procedures.- (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each noncharter county shall establish an audit committee that, at a minimum, shalt consist of each of the county officers elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes as determined by the entity's governing body. The public shall not be excluded from the proceedings under this section. (3) The audit committee shalt: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duty licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second - ranked firm. Failing accord with the second - ranked firm, negotiations shall then be terminated with that firm and undertaken with the third - ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top- ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest- ranked qualified firm or must document in its public records the reason for not selecting the highest- ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. History. s. 65, ch. 2001 -266; s. 1, ch. 2005 -32. Copyright © 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us • N RA cRA BEAC CRA BOARD MEETING OF: March 13, 2013 1 Consent Agenda 1 1 Old Business 1 X 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Performance Audit and DIFA Payment Release to PRH Boynton Beach, LLC for the Property known as Casa Costa, formerly The Promenade SUMMARY: The CRA entered into a Direct Incentive Funding Agreement ( "Agreement ") with Boynton Waterways Investment Associates on April 25, 2005 for the property known as The Promenade (Attachment 1 - original agreement and three subsequent amendments attached). Two payments have been made under the Agreement: August 1, 2011 - $128,359 and $409,237 on April 23, 2012. The property was purchased by PRH Boynton Beach, LLC. Attachment 2 is the Certificate of Title dated December 13, 2012. On February 28, 2013, the CRA received the required Performance Audit (Attachment 3) as required in Section 5.4 of the Agreement, from PRH Boynton, LLC. The Performance Audit is in compliance with the Agreement. Section 6.3 "Disbursement of Funds" states payment will be released "...after the CRA's acceptance of the annual audit provided for in Section 5.4...." The payment due of $399,345 (Attachment 4) is budgeted in FY 2012 -2013 and is the third payment of a total of ten consecutive payments (Section 6.1 of the Agreement). FISCAL IMPACT: $399,345.00 — Project Fund, Line Item: 02 -58400 -443 CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Accept the Performance Audit and approve the DIFA payment of $399.345.00 to PRH Boynton Beach, LLC. 1 Vivian Brooks Executive Director ATTACHMENT 1 DIFA AGREEMENT AND THREE AMENDMENTS ■ DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement ") entered into as of the ED - n-i day of P V- I L , 2005, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA "), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. And BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company, (hereinafter referred to as the "Developer" or "Boynton Waterways "), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310, and/or assigns, provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to "encourage large -scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22, 2004 (revised) (hereinafter the "Direct Incentive Program "); and WHEREAS, Developer submitted an application to the CRA for Direct Incentive funding for that certain project proposed at the northeast corner of Federal Highway and Boynton Beach Boulevard within the CRA boundaries to be known as Promenade (hereinafter the "Project "); and WHEREAS, at the October 12, 2004 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board ") approved said application with a project score of 98 points (making the Project eligible for 98% of the maximum incentive permissible under the Direct Incentive Program), subject to approval of a mutually acceptable contract (i.e., this Agreement); and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its ARQA tii.0- meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings' "Affiliate" means a company or corporation that the Developer, or members of Developer, maintains any ownership interest in. "Affordable Access — Residential" means the residential sales provided for in the Application and committed to by the Developer to qualify for the affordable access incentive of the CRA's Direct Incentive Program. "Affordable Access — Commercial" means the commercial leases provided for in the Application and committed to by the Developer to quality for the affordable access incentive of the CRA's Direct Incentive Program. "Agreement" means this Direct Inventive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Application" means the Direct Incentive Program Application submitted by Boynton Waterways dated June 24, 2004, which is attached as Exhibit "A ", the information, representations, and commitments of which as contained therein are adopted and incorporated within and as part of this Agreement. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the application by the Developer to the City for the permit required for the commencement of vertical construction or the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Boynton Waterways Investment Associates, LLC. and any assignee or transferee of Boynton Waterways that is permitted under this Agreement, from and after the date of such permitted assignment or transfer "Pledged Project Increment Revenues" means 49% of the Project Increment Revenues received by the CRA means the Promenade Project as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $119,816.00 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount, "Property" means the real property described on Exhibit `B ", attached hereto. "Public Areas" means all areas that have unrestricted public access for the life of the Project, as shown on the Delineation of Public Areas attached as Exhibit "C ", attached hereto , but shall not include public utilities which shall be dedicated to the public. "Public Parking" means the free on -site parking consisting of 111 parking spaces, including parking for the disabled required for the Project under applicable state and federal law, as committed and set forth in the Application. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion and vote on July 20, 2004, a copy of which is attached hereto as Exhibit 13. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's residential condominium units and 90% of the square footage of the Project's commercial space, as evidenced by issuance of a certificate of occupancy for such residential condominium units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement (hereinafter "Effective Date "). Section 4. Developer's Obligations — Construction. Developer agrees to construct the Project as described in the Application and the Site Plan and to maintain the Public Parking and other Public Areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Public Areas, the number of Public Parking Spaces or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. 4_1 Commencement of Construction. Developer shall apply for a building permit with the City no later than twelve (12) months from the date of original approval of the Site Plan by the City Commission, i.e., no later than twelve (12) months from July 20, 3 2004. The Developer shall have the right to extend the Commencement Date by up to twelve (12) months on a showing by the Developer to the CRA that the Developer has diligently pursued either applying for a building permit, or construction start, that any delay is beyond the control of the Developer and that the Developer continues to hold a valid and current building permit for the project issued by the City. Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: 4.1.1. Should the Site Plan or building permit expire at any time , this Agreement shall terminate and be of no further force and effect. 4.1.2. Should the Developer obtain a Site Plan modification approval from the City, whether from the City Commission or administratively, the Developer must nonetheless obtain the approval of the CRA Board for any such modification in order for this Agreement to remain in effect. Whether to grant any such modification shall be entirely within the discretion of the CRA Board which may consider factors which go beyond the land development issues and requirements considered by the City in its approval process. 4_2 Non - Discrimination. The Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by the Developer, its contractors, sub - contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non - prevailing party. Such non - prevailing party shall be determined by the arbitrator. 43 Convicted Vendor List. As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub - contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty -six (36) months immediately preceding the Effective Date. Section 5. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall implement 4 • and maintain an affordable access component to the Project as provided for in the CRA's Direct Incentive Program and as set forth in Section 2G of the Developer's Direct Incentive Program Application. Implementation and maintenance of the Affordable Access Program shall be as follows: 5.1. Affordable Access — Residential. 5.1.1. Based on the total Project residential condominium count of 318 condominium units as set forth in the Application, Developer agrees to set aside a minimum of sixteen (16) units designated as Affordable Access — Residential condominium units, each with a maximum purchase price of $266,866.00. Should an amendment to the Site Plan be approved which modifies the number of residential condominium units to be developed in the Project, the number of Affordable Access — Residential condominium units will be revised accordingly based on the criteria and requirements set forth in the Direct Incentive Program. 5.1.2. The Affordable Access — Residential condominium units shall be held for sale to individuals or families with household income ranging from a "Low Income of Eighty (80 %) Percent Median Income to One Hundred Twenty (120 %) Per Cent Median Income" for Palm Beach County, Florida, as defined by the United States Department of Housing and Urban Development (HUD) for the year 2004. Unit pricing for the Affordable Access — Residential units shall be priced so that buyers are able to qualify for the unit purchases based on qualifying income percentage for home ownership being defined as thirty -two (32 %) percent of gross monthly income. Affordable access - residential condominium units shall be held for affordable purchase for one hundred eighty (180) days after such units are released and advertised for eligibility. 5.1.3. Qualified buyers of Affordable Access - Residential condominium units must certify that their intent is to utilize the unit as their primary full time residence pursuant to the Affordable Access - Residential requirement. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.4. Qualified purchasers of units pursuant to the Affordable Access - Residential requirement must agree to retain ownership of the unit as their primary full time residence for a minimum of ten (10) years or, upon the sale of any such unit prior to the expiration of ten (10) years, must pay any profit above the original purchase price minus a three (3 %) percent annual inflation factor back to the CRA. All buyers within the 10 -year period must qualify to purchase affordable units as required in section 5.1.2 herein. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.5. The re -sale limitations and requirements set forth in 5.1.4 above shall be included in the deeds of sale, or other mutually acceptable documents, to be 5 executed by the Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access - Residential units, shall constitute a covenant running with the unit, and shall be recorded in the Public Records of Palm Beach County, Florida. 5_2. Affordable Access - Commercial. As a pre- condition to receiving funding under the Direct Incentive Program, Developer agrees to implement and maintain an Affordable Access - Commercial element pursuant to the policies set forth in the Direct Incentive Program and in Section 2G of the Developers Direct Incentive Program Application. Should the Developer modify its Site Plan to alter the commercial square footage in the Project from that which has been approved, the retail space offered to local tenants as set forth in the Direct Incentive Program Application will be modified accordingly pursuant to the provisions of the Direct Incentive Program. Any other modification to the terms or provisions of the Affordable Access - Commercial requirements set forth in this Agreement shall require the consent of the CRA and shall, in any event, meet the criteria set forth in the Direct Incentive Program. 5_3. Non - Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the purchase of any Affordable Access - Residential units or the lease of any Affordable Access - Commercial spaces provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non- prevailing party. Such non - prevailing party shall be determined by the arbitrator. 5 Performance Audit. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written audited verification, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of compliance in all material respects by the Developer with all agreed upon Affordable Access performance standards set forth in this Agreement. S 4.1. This performance audit shall be conducted by an independent Certified Public Accountant (CPA), selected and paid for by the Developer with the reasonable approval of the CRA. 5.4.2. With respect to the Affordable Access — Residential component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access - Residential requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of condominium units which are owned by qualified purchasers. 5.4.3. With respect to the Affordable Access — Commercial element of the Direct Incentive Program, the CPA must certify, in a written opinion, the amount of commercially leased square footage that qualifies pursuant to the Affordable Access — Commercial requirements of this Agreement. 5.4.4. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.4.5. The audits required pursuant to this Section may be performed in conjunction with other auditing services. 5.4.6. Each annual performance audit must be submitted to the CRA no later than the last day of February for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing. 5.4.7. Disbursement of Direct Incentive Program Funds may only occur upon the CRA's acceptance of a properly documented and supported audit. 5 Inspection. Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. 5.6. Non - Compliance. In any year in which the performance audit discloses that Developer is in non - compliance in any material respect with the Affordable Access requirements of this section, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below; provided, however, that at the option of the CRA the Direct Incentive Funding the Developer would otherwise be entitled to for the year in question may be reduced as follows: 5.6.1. The funds the Developer would otherwise be entitled to may be reduced by an amount corresponding to the percentage of non - compliance with the Affordable Access - Residential requirements of this Agreement plus the percentage of 7 non - compliance with the Affordable Access - Commercial requirements of this Agreement. 5.6.2. Exceeding the agreed upon requirements of either of the Affordable Access components in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access requirements hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of constructing the public area and all other public improvements and/or programs within the Project. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Affordable Access Requirements of this Agreement. 6_2. Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has determined that the Project complies with the commitments set forth in the Application (Exhibit "A "), as those commitments may have been subsequently amended with the consent of the CRA, and that the Project otherwise complies with all of the terms and provisions of this Agreement; and D. The CRA has received Project Increment Revenues from such improvements. 6_3. Disbursement of Funds. Except as otherwise provided herein, The Pledged Project Increment Revenues shall be unconditionally disbursed to the Developer by April 1 of the year following the corresponding ad valorem tax year or within thirty (30) days after the CRA's acceptance of the annual audit provided for in Section 5.4 above, whichever date is later. 6.4. No Pledge of Pledged Proiect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6_5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7. Associations. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create one or more property and/or condominium associations to provide for the ongoing management of the Project and the maintenance of the common elements and the Public Areas. The Declaration or Declarations of Covenants for such association(s) shall be approved by the CRA, which approval shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants regarding the Public Parking and other Public Areas, which shall include, at least, the following terms: 7_1. Public Parking Restrictive Covenants. The restrictive covenants governing Public Parking shall include the following: 7.1.1. There shall exist 111 "first come -first served" free parking spaces open to the general public as shown on the Site Plan for the commercial component of the Project. At such time as Developer has finalized its plans for the parking facilities, the Developer shall provide the CRA with a drawing showing the location of the Public Parking spaces, which drawing shall be attached to and incorporated into this Agreement as Exhibit "D ". 7.1.2. Signage for parking shall meet the requirements of the City Code and shall be located prominently on the exterior and interior of the parking facility to identify the Public Parking. 7.1.3. The Public Parking shall be free to the public during the term of this Agreement, and after term the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the parking spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 7.1.4. The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 a.m. and 6:30 a.m. daily and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 7.1.5. The Public Parking restrictive covenants shall be included within the Property Owners Association Declaration of Covenants and shall remain in effect for 9 the life of the Property Owners Association notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property, 7.1.6. The Public Parking restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after- imposed liens and encumbrances, including, without limitation, any mortgages on the Property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida. 7.1.7. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. 7_2. Other Public Area Restrictive Covenants. The restrictive covenants governing the other Public Areas shall contain the following: 7.2.1. The pedestrian walkways, performance square, park improvements and plazas (the "Public Amenities ") as shown on Exhibits "C" and "D" shall be accessible to the general public as provided herein. 7.2.2. The Developer shall have the right to control public access or otherwise secure the Public Areas between the hours of 12:30 a.m. and 6:30 a.m. daily, and shall have the right to adopt reasonable rules and regulations for the operation and security of such areas. 7.2.3. The Public Areas restrictive covenant shall be included within the Property Owner's Association Declaration of Covenants and shall remain in effect for the life of the Property Owner's Association but in no event for less than the30 -year term of the Project notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.2.4. The Public Areas restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after - imposed liens and encumbrances, including, without limitation, any mortgages on the property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida. 7.2.5. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, then this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. Section 8. Events of Default, Remedies and Termination. 8_1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 8.1.1. Any representation by the Developer in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2. The vacating, abandoning, or closing of the Developer's business. 8.1.3. The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 8.1.4. The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5. The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is dismissed within sixty (60) days; 8.1.6. Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty (30) days. 8.2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to the Developer to cure its failure of 11 performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 8.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.4 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by the Developer's breach of this Agreement including, but not limited to, repayment of funds disbursed to the Developer as a result of fraud or material misrepresentation. 8.2.3. Withhold the disbursement of any payment or any portion of a payment. 8.2.4. Take any other remedial actions that may otherwise be available under law 8_3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non - prevailing party. 8_4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 8_5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 8.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8 Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein. Section 9. General Conditions. 9.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9_2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be assigned by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer 'is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. 1 3 Notwithstanding anything to the contrary contained in this Section 9.2: (a) Prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld, delayed or conditioned. Such assignment shall relieve the Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (b) After the issuance of the Certificate of Occupancy, Developer may assign this Agreement without the consent of but with at least 10 days written notice to CRA. Such assignment shall relieve Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (c) At any time during the term hereof, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to an institutional lender as collateral for a loan or other obligation without the consent of, but with at Least 10 days written notice to, the CRA, so long as such pledge does not interfere with or affect the CRA's rights under this Agreement. In the alternative, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to a non - institutional lender as collateral for a loan or other obligation subject to the consent of the CRA, such consent not to be unreasonably withheld. In either event, such pledge to an institutional or non - institutional lender shall be subject to the conditions that it (1) shall not relieve Developer or its assignee (if this Agreement has in fact been assigned) of its obligations hereunder; (2) shall not interfere with or affect the CRA's right under this Agreement; and (3) shall be subject to all terms and conditions of this Agreement. 9_3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 9_4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 9_5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice ") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: 15 If to Developer: Boynton Waterways Investment Associates, LLC c/o Panther Real Estate Partners 155 South Miami Avenue, Penthouse 2A Miami, Florida 33130 Attention: Jeff Krinsky With Copies to: Marc Seltzer, Esquire 155 South Miami Avenue Penthouse 2A Miami, Florida 33130 If to CRA: Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Kenneth G. SpiWas, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 9_6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9_7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, teens and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9_8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by references 16 9_9. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.11. Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 9.14. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC, a Florida limited liability company . .. , 1%1 By: Its Manger (Witn -. ) Arii Ar (Witness) Dani irlin 17 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ' 1 , . ,, ' Name (Witt s) , r v v 1.ct kllx t k 1A.1 'CiSii) VI (-To-0 Jrzt (Witness) STATE OF FLORIDA - SS: COUNTY OF MIAMI DADE : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ,' 1 ,.,..1 ; as Manager of PANTHER BOYNTON, LLC Managing Member of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act an. I - - . . f BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC. He /she 's personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 16t'•' day of Apr; i , 2005. r r My Commission Expires: Notary Public, State of nda at Large ,„rn „, DAVID YOBLICK Notary Patio - State of Florida % y r. ^^ttlaislf,n Expires Jun 9, 2006 , ii r C. anon $ DD 092403 ; ± r F C` „ ' 80 :,: 3y +otionat Notary Assn. 18 STATE OF FLORIDA • SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appearedJ& n of /kaki' It as C i + ( of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He /she is*isonally known``o me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this LS " of Apr r , 2005. c--Sa Up 0/4' J .11_11 My Commission Expires: f i ) 2_ 00 , Notary Public, State of Florida at Large 1:\Client Documents\Boynton Beach CRA\2419-006 \DOCUMENTS\Final Direct Incentive Funding Agreement 4- 1 -05.doc 40 ,04 N Susan Vklhauar • •• My Commission 00210901 ' kepi Es &Ong 1.2007 19 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT (hereinafter "Amendment ") is dated as of this 24 day of April, 2008, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA "), with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer" or 'Boynton Waterways "), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement with an effective date of April 25, 2005 (the "Agreement ") concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer originally modified certain terms of the Agreement in a First Amendment to Direct Incentive Agreement effective January 9, 2007, on the terms set forth herein as shown in underline and strike- through format, and WHEREAS, the original Amendment was misplaced; and WHEREAS, CRA and Developer desire to execute this Amendment to replace the misplaced Amendment; NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Amendment and are incorporated herein. Section 2. Commencement of Construction. Section 4.1 of the Agreement is hereby amended to provide as follows: Developer shall apply for a building permit with the City no later than twelve (12) 180 days nos from the date of the expiration of the extension previously granted by the CRA Board (July 20, 2006). Thus, the new date for Developer to apply for a building permit with the City and pay for all necessary building permit application fees shall be January 16, 2007. : - : ::. • e - - - • = • - - the City Conunissien, i.e., no later than twelve (12)•-menths from July 20, 2004. The • • I.-• ►. ` - ! ... . . -• s .: - tom - - . . er and that the 9- - - .. . Tent • - .. _ _ . . - . Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: (sections 4.1.1 and 4.1.2 remain the same). -i_ Section 3. Affordable Access Units. Sections 5.1.1., 5.1.2., 5.1.3., 5.1.4., and 5.1.5., of the Agreement are hereby deleted in their entirety. New Section 5.1 shall hereby read as follows: 5.1 Affordable Access - Residential. Pursuant to mutual agreement reached by Developer and CRA at the CRA Board meeting of November 14, 2006, Developer shall not be required to provide Affordable Access - Residential units. Accordingly, Developer's right under the Agreement to receive 49 percent of the Project Increment Revenues received by the CRA shall be reduced to 47.5 percent as set forth within the revised definition of "Pledged Project Increment Revenues." Section 4. Pledged Project Licrement Revenues. The definition of "Pledged Project Increment Revenues" is hereby amended to provide as follows: "Pledged Project Increment Revenues" means 49 47.5% of the Project Increment Revenues received by the CRA. Section 5. Ratification of Agreement. The Agreement is hereby ratified by Purchaser and Seller, and, except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is part of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevail. Section 6. Entire Agreement. The Agreement as amended by this Amendment embodies the complete agreement between the parties with respect to the subject matter hereof. This Amendment may not be amended, supplemented or modified in whole or in part except by an instrument in writing singed by the parties. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC a Florida limited liability company : _� �. �,p a ages Witness vl 1 S , r. . /.,10 ;i )i i , . , l Print Nam - L) W n - ss Date: `(A�►� 2u2EN7lkL Print Name -2- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY u / By: 1M Wit Jerry ylor mirperson V/ (//19�ti J ) Date: >ye_.„/D cP Pri t-Name wit /1 61Vel. j i /w( r )e Print Name STATE OF FLORIDA Mro04-1 borak SS: COUNTY OF 4 -AbM- BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared t an 1 e ( r I' r7 as J4OM A4 e r of BOYNTON WATERWAYS INVESTMENT ASSOCIATESP LLC., and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON . :. AYS INVESTMENTS ASSOCIATES, LLC Hebhe IS rsona y known to me or has produced as identi tca t . IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this(Iklay of f►� ,200' ' My Commission Expires: - Notary Pu c, State of Florida at Large „ JERRYANN MILLS f ' ' i Notary Public - Sts of Fbrids _,• J- • PAy Expire Apr 1 B, 2010 Commission A 00 542580 4 ' R!A's'' Bonded By National Notary Aun -3- STATE OF FLORIDA • SS: COUNTY OF PALM BEACH . • BEFORE ME, an officer duly authorized by law to adipinister oaths and take ac owledgments, personally appeared -Tel ry / /0 r as C k 4 - W o tJ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and eed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY He he is personally known to me or has produced as i entification. IN WITNESS OF THE FOREGOING, 1 hav�et my hand an seal at in the State and County aforesaid on this 0-13-ay of /413 , 20013 My Commission Expires: c- ( C-1/1-12-92-17-4: ). Notary Public, State of Florida at Large 1: \Client Documents\Boynton Beach CRAl24I9- 0061Misc\REVISED FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT.doc "►r�' ' ''�., SUSAN E. HARRIS . R, c - � Notary Pam - Stole of Raids j l' , ►' al&PirM Oct I?,2011 Orion d OD 7259,28 ,,. A�� sowed Throu WNW Wary kw - 4 - SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT THIS SECOND AMENDMENT TO DIRECT INCENTIVE rUNDING AGREEMENT (hereinafter "Second Amendment ") is entered into as of this !1 t day April, 2008 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA ") with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTEMENT ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer ") or "Boynton Waterways ", with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement, with an effective date of April 25, 2005, as modified by that certain First Amendment to Direct incentive Funding Agreement dated January 9th, 2007 (collectively, the "Agreement ") concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer desire to modify certain terms of the Agreement on the terms set forth herein. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Second Amendment and are incorporated herein. Section 2. Pledged Project Increment Revenue. Effective May 1, 2008, the Pledged Project Increment Revenue, as defined in the Agreement, due to the Developer in the first year of the ten (10) year term as set forth in Section 6 of the Agreement shall be reduced by an amount equal to the difference between the amount of rent paid by Boynton Waterways pursuant to that cert ' n lease agreement between CRA (as "Landlord ") and Boynton Waterways (as "Tenant ") dated �l 1, 2008 (the "Sales Trailer Lease ") subtracted from the actual amount of: (i) real estate taxes on the leased property; plus (ii) the insurance premiums paid by the CRA on the leased property from the Effective Date of the Sales Trailer Lease, that is April 1, 2008 until the Sales Trailer Lease is terminated. CRA shall file a reduction in the assessed value of the Ieased property and/or adjustment to the real estate tax valuation for the leased property for calendar year 2009 and for each year thereafter until the Sales Trailer Lease is terminated. CRA shall purchase only so much insurance as is commercially reasonable under the circumstances, giving due consideration to any insurance purchased by Tenant. No part of any general or umbrella policy of CRA shall be allocated to the leased property. Insurance shall be for areas of coverage that are commercially reasonable under the circumstances. The Landlord acknowledges that Landlord shall not insure the improvement of the sales trailer itself, this being the responsibility of the Tenant to obtain such coverage as Tenant believes is reasonable. Section 3. Ratification of Agreement. The Agreement is hereby ratified by CRA and Developer, and except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is part of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevail. Section 4. Entire Agreement. The Agreement as amended by this Second Amendment embodies the complete agreement between the parties with respect to the subject matter hereof. This Second Amendment may not be amended, supplemented or modified in whole in part except by an instrument in writing signed by the parties. Section 5. No Default. CRA acknowledges and agrees that there are no defaults or breaches of the Agreement on the part of Developer and that as of the date hereof, no circumstances or state of facts exist which for any reason would give CRA the right to pursue any claims or any other recourse or remedy against Developer provided under the Agreement either at law or equity. As of the date hereof, CRA agrees, acknowledges and understands that Developer has performed all of its obligations under the Agreement, including but not limited to compliance with Section 4.1 as to application for building permits. Section 6. Amendment Paramount. In the event that any conflict between the terms of the Second Amendment and the terms of the Agreement exist, the terms of the Second Amendment shall control. Except as amended and modified herein, the remaining terms and provisions of the Agreement shall remain in full force and effect and are affirmed as originally set forth therein. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date first written above. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC. a Florida limited liability company C By: PANTHER BOYNTON, LLC, a Witness: " Florid 1'mited liability company, as Print name: • - .5 v , 6 ma ; gin . n ber Witness Da ,(= � rlin , a er Print name: Ptty - , icrC___ Date: c i BOYNTON BEACH COMMUNITY / REDEVELOPMENT AGENCY -- Witnes • L� /jr � s Print name: ��'<t�iraftii," f By: s� Chairperson Witness: -' Date: // t�e f Print name: /aj-4 /gir, q � STATE OF FLORIDA • Na./1 — 64611-- SS: COUNTY OF PALU BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 'Dan i C 1 /ill as /dtev>.6cv. of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, for the use and purposes mentioned herein and that the instrument is th• act and deed of • ► . • TERWAYS INVESTMENT ASSOCIATES, LLC. He/s is personally known to me or has produced as i en r icatton. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this(s`k day of , 2008. )441-eo Notary Piklic, State of Florida at Large My commission expires: . 10.1 1's JERRYANN MILLS Z Notary Public - State d Fk dda • W Don'thdss{on Expkey Apr 19 2010 Co 0 OD 542580 .�'� °Rro,..' w Bonded By Notional Notary Assn. STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorizedby law to administer oaths and take c personally appeared ,Zo_r r i __ as (, of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON BEACH REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH REDEVELOPMENT AGENCY He /she ir sonally known to me or has produced as id pe entification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of "� _ __, 2008. Notary Public, State of Florida at Large My commission expires: •1 TP SUSAN E. HARRIS .0 . Notary Public - State 01 Florida • , My Comm SSlon Expires Oct 17, 2011 f 1 h� y,.. ^ Commission # OD 725926 4 ° :.q;,; t: Bonded Through National Warr Assn. 1 IIuuIIIpIHHuIIIuuIIIilI CFN 20110' 92287 (V) UR BK 24676 PG 0094 RECORDED 88/05/2811 15:29:29 Pals Beach County, Florida r, vr.4''01} r Sharon R. Bock, CLERIC 1 COKPTROLLER Pgs 0034 - 97; (4pgs) THIRD AMENDMENT DIRECT INCENTIVE FUNDING AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter "CRA ") and BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC (hereinafter "DEVELOPER "), enter into this Third Amendment of their Direct Incentive Agreement ( "DIFA ") as follows; WHEREAS, on April 25, 2005, the CRA and Developer entered into a DIFA (twice amendment) which provides for the payment of project incentive revenues by the CRA to the DEVELOPER; and WHEREAS, the Direct Incentive Funding Agreement (hereinafter ( "DIFA ") required DEVELOPER to provide, by recorded restrict covenants, public parking and public access; and WHEREAS, the DIFA Agreement and public parking and public access of the CRA contemplated the continuous operation of the property as a condominium for term of the DIFA Agreement; and WHEREAS, the required restrictive covenants were contained the Declaration of the Promenade Condominium recorded on April 24, 2010 commencing at Page 1695, Book 23811 of the public records of Palm Beach County, Florida; and WHEREAS, the parties intend by this Amendment to provide for termination of the DIFA and the payment obligations of the CRA in the event of the termination or conversion of the Promenade Condominium.. Page 1 of 4 NOW THEREFORE, the parties agree as follows: 1. The WHEREAS clause are true and correct. 2. Section 8.7 of the DIFA is amended to read as follows: 8.7. Termination. The obligations of DEVELOPER and the CRA shall terminate upon the earlier of (i) expiration of the project increment revenue payments to DEVELOPER as provided in Section 6 above as a result of the expiration of the agreed upon payment period; or (ii) failure by the DEVELOPER to commence construction of the project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein; or (iii) at the option of the CRA, following the termination of the Promenade Condominium. A copy of this Amendment of the Direct Incentive Funding Agreement shall be recorded in the Public Records of Palm Beach County, Florida. SIGNATURES ON FOLLOWING PAGES Page 2 of 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY — By: _ Date: 2 // 1 Print Name: Arid os e� .e c c,< eZ Title: Ch Witnesses:__ _ ms' °_o _ • STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County ores., take acknowledgements, the foregoing instrument was acknowledg d before me by ItO J)A _, freely and voluntarily. CWho is personal known to me or who has produced identification. '* I M ESS my hand and official seal in the County and State last aforesaid this day of 2011. NOT . Y PUBLIC 01 46.-111,1 / � y7- or Print Name77-Fb2 tfiltleMeti Commission No. 1) p My • • o f io Ex u ires: �+. . t THERESA t117ERSACK Notary Public - State of Florida �- • My Comm. Expires Jan 11, 2014 �� Commission 0 DD 951135 � . . . " ° Bonded Through National Notary Assn Page 3 of 4 BOYNTON WATERWAYS INVESTMENT ASSOC. LLC. By: NEW BOYNTON PROMENADE LIMITED LIABILITY COMPANY, A MEMBER By: NEW BOSTON PROMENADE LIMITED LIABILITY COMPANY, ITS SOLE MEMBER By: NEW BOSS ON FUND IV, INC., ITS SOLE GENERAL PARTNER By: �/ r �► ii; 6211(25/1/- PRY ' . ELAM, Duly Authorized / Witnesses: - : 1„ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) l HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County Aforesaid to take acknowledgements, the foregoin instrument was acknowledged before me by 41,5e. . ���- 1�'►'1 , freely and voluntarily. ho is personally known to mje or who has produce as identification. ESS my hand and official seal in the County and State last aforesaid this .2 6 day of _,2011. NOTARY PUBLIC uuNq 7 ( F* NOUC.SIa0a �,µY Ape� SHERRY ULERtE- BAGSHAW 4t - % _,,... 2 e or Pr' t ame " o " Commission # 0D 784988 ..,, Commissi un No. l � My Commission Expires: a•40r9,., 11:12007 \070473 BBCRA \Third Addendum to Direct Incentive Funding Agrecment.doc Page 4 of 4 ATTACHMENT 2 CERTIFICATE OF TITLE I111111111111111111U1111II `` ) CFN 20120515751 OR BK 25679 PG 1132 RECORDED 12/27/2012 17:24:32 IN THE CIRCUIT COURT OF THE FIFTEENTH Pala Beach County, Florida JUDICIAL CIRCUIT, IN AND FOR PALM AMT 2,131, 800.00 BEACH COUNTY, FLORIDA Doc Stamp 14,922.60 Sh on R. Bock, CLERK & COMPTROLLER CASE NU. 50- 2012 -CA -8129 \P 32 - 1135; t4pg6! DIVISION: AE WEk FARGO BANK, NATIONAL 0 ASSt ATI9N, 4 p. �f Pff, vs. r` ,.; BOYNTON \ WAYS INVESTMENT c ° rn� „M ASSOCIATES. ( LL, a Florida limited N -7 liability co I ;0y; PROMENADE ' - -r —' (BOYNTON BE , U. CONDOMINIUM = -c •-� ASSOCIATION, IN & Florida not for profit : " N corporation, ( sz -< .. r C'. Defendants. .,\. ( `\ TIFICATE OF TITLE s 1, SHARON R. BOCK, Chpf the above- entitled Court, do hereby certify that I executed and filed a Certificate of Salo►, this action on DECFEB 13,, 2n19 for the Property described herein and o bjections to the sale have been filed within the time allowed for filing objections. The property in Palm Beach County, Florida described in the attached Exhibit A together with all existing or subsequently erected or affixed buildings, improvements, and fixtures (the "Property ") was sold to PRH Boynton Beach, LLC, a Florida limited liability company, whose address is c/o PRH Investments, LLC, 315 S. Biscayne Boulevard, Miami, Florida 3313E Witness my hand and seal of this Court on DECEMBER 27 , 2012. SHARON R. BOCK G►AL c, o q Clerk of Circuit Court ' (COURT SEAL} v = 14 I , r� � si o By: . r_ ) * c De ut Clerk MITCHELL � ; -i Q r p y VERONICA Copies furnished tar. ec, ^^ �^ F� * All parties listed on the - • -'. isCt 125541525 ;1) Q.,r.LoGC7n /c). ° D...,.. 4 es; A SERVICE LIST Atto nev for Plaintiff, PRH Boynton Beach, LLC C. All, Mauro, Esquire ori. )4 ar No. 384739 A : N SENTERFITT 222 :view Avenue Fourt ' oor West Pa �rp[ :each, FL 33401 561/653 , ,i 0 561 /659 -63 3- x ) Primary , .mauro @akerman.com 4i114m.sklar@akerman.com kgi.trazer@akerman.com Secondary ma)kroesen ct akerman.com � V Attorney for Wells Fiifig Bank Peter P. Hargitai, Esqu� 50 North Laura Street Suite 33900 Jacksonville, FL 32202 phargitahklaw.comV Attorney for Boynton Waterw - investment Associates, LLC Allen M. Levine, Esquire 3111 Stirling Road Lauderdale, FL 33312 �` )l Email: alevine @becker- poliakot3:co% Promenade (Boynton Beach) Condominium Association, Inc. c/o CT Corporation Systems 1200 South Pine Island Road Plantation, FL 33324 125541525;11 0•,..L')1~a7fl /Dei - 1 1 4• D.Ane ') of it EXHIBIT A REAL PROPERTY LEGAL DESCRIPTION r_' - • X;`paril of land being a portion of Lots 24 and 25 of DEWEY'S SUBDIVISION, City of Bo1� $each, recorded in Plat Book 1, page 37. public records of Palm Beach County, Florida, saidt being more particularly described as follows: Comme• ° at the Southeast corner of Lot 25. of the above mentioned plat DEWEY'S SUBDI I' + N; thence with a bearing of North 01 °08'50" West along the East line of Lot 25. a distance of 45-A1,1 feet to the North right of way line of Boynton Beach Boulevard and the Point of Beginnin , .,nce with a bearing of North 89 °50'17" West along the North right of way line of Boynton Bejtck.3oulevard, said line lying 45.00 feet North of the South line of Lot 25, a distance of 291.e to a point; thence with a bearing of North 00 °59'45" West along the East right of way line eral Highway, a distance of 596.97 feet to a point on the North line of Lot 24; thence with a bearing of South 89 °46'04" East along the North line of Lot 24, a distance of 281.58 feet to a poin4 Ilene with a bearing of South 01 °08'50" East along a line 8.00 feet West of the East line of Lot 498.03 feet to a point; thence South 89 °46'04 East, a distance of 8.00 feet to a point on the Ea9 1i iof Lot 24: thence with a bearing of South 01 °08'50" East along the East line of Lots 24 and 2 ll$tance of 498.62 feet to the Point of Beginning. AND A parcel of land being a portion It 24 of DEWEY'S SUBDIVISION, CITY OF BOYNTON BEACH, according to the plat thefe as recorded in Plat Book 1, page 37 of the public records of Palm Beach County, Florida, said { cel being described as follows: Begin at the Northeast corner of Lot ,rtnce on an assumed bearing of South 01 °08'50" East along the East line of said Lot 24. a of 98.03 feet; thence North 89 °46'04" West. a distance of 8.00 feet to a point on a line` g 8.00 feet West of and parallel with said East line of [.01 24; thence North 01 °08'50" West along said parallel line. a distance of 98.03 feet to a point on the North line of said Lot 24; thence South 89 °46'04" East along the North line a distance of 8.00 feet to the Point of Beginning. NOW KNOWN AS: All of the plat of Promenade Place, according to the plat thereof, as recorded in Plat Book 112, pages 83 and 84, as amended by Surveyor's Affidavit recorded March 3, 2010 in Official Records Book 23722, page 475 of the public records of Palm Beach County. Florida. THE ABOVE IS NOW FURTHER KNOWN AS: All of the Promenade Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 23811. page 1695, of the public records of Palm Beach County, Florida. 125542755:11 Book25679/Page1134 Page 3 of 4 ■ LESS AND EXCEPT THE FOLLOWING UNITS: NORTH TOWER: �t$I08 -N Unit 501 -N Unit 511 -N Unit 615 -N Unit 715 -N U i 0 -IQ9 -N Unit 502 -N Unit 602 -N Unit 701 -N Unit 804 -N Un 1 -N Unit 503 -N Unit 604 -N Unit 704 -N Unit 808 -N Unit f- Unit 509 -N Unit 610 -N Unit 708 -N Unit 815 -N Unit TI-1 -N Unit 510 -N Unit 614 -N Unit 710 -N Unit 901 -N Unit 903 Unit 1004 -N Unit 1015 -N Unit 1112 -N Unit 1212 -N Unit 904-/s1.- Unit 1005 -N Unit 1101 -N Unit 1 114 -N Unit 1213 -N Unit 906 -N \ - Unit 1006 -N Unit 1102 -N Unit 1201 -N Unit 1215 -N Unit 907 -N � — =: Unit 1008 -N Unit 1105 -N Unit 1202 -N Unit 1407 -N Unit 909 -N ( Unit 1009 -N Unit 1106 -N Unit 1203 -N Unit 1408 -N Unit 910 -N (ti9Jnit 1010 -N Unit 1107 -N Unit 1205 -N Unit 1410 -N Unit 911 -N Upit 1011 -N Unit 1109 -N Unit 1206 -N Unit 1412 -N Unit 913 -N (,LZ )012 -N Unit 1110 -N Unit 1209 -N Unit 1414 -N Unit 1001 -N UJ 014 -N Unit 1111 -N Unit 1210 -N �v V SOUTH TOWER: !' ''t V : -1>J Unit PH12 -S �'i��� Unit 1008 -S 1� Unit 1407 -S r- all of the Promenade CondominiI 4 f according to the Declaration of Condominium thereof, recorded in Of iS" Records Book 23811, page 1695, of the public records of Palm Beach County, Florida. ;25542755.1} Book25679/Page1135 Page 4 of 4 www.sunbiz.org - Department of State http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &incLdoc ... FLORIDA DEPARTMENT OF STATE D IVISION U1. CORPORATIONS clink Previous on List Next on List Retum To List No Events No Name History Detail by Entity Name Florida Limited Liability Company PRH BOYNTON BEACH MANAGER, LLC This detail screen does not contain information about the 2013 Annual Report. Click the 'Search Now button to determine if the 2013 Annual Report has been filed. Search Now Filing Information Document Number L13000029254 FEI /EIN Number NONE Date Filed 02/26/2013 State FL Status ACTIVE Principal Address 315 S. BISCAYNE BLVD. 4TH FLOOR MIAMI FL 33131 Mailing Address 315 S. BISCAYNE BLVD. 4TH FLOOR MIAMI FL 33131 Registered Agent Name & Address CORPORATE CREATIONS NETWORK, INC 11380 PROSPERITY FARMS ROAD #221 -E PALM BEACH GARDENS FL 33410 US Manager /Member Detail Name & Address NONE Annual Reports No Annual Reports Filed Document Images nf 3/5/2013 11:05 AM 1 � www.sunbiz.org - Department of State http: / /www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc ... FLORIDA DEPARTMENT OF STATE D IVISION OF CORPORATIONS .5knhz IOW Previous on List Next on List Return To List Events No Name History Detail by Entity Name Trademark THE RELATED GROUP Filing Information Document Number T07000000171 Date Filed 02/05/2007 Expiration Date 02/05/2017 Last Event RENEWAL Event Date Filed 12/12/2011 Event Effective Date NONE First Used in Florida 05/23/2006 First Used Anywhere 05/23/2006 Status ACTIVE Mark Used In Connection With RESIDENTIAL CONDOMINIUM DEVELOPMENT, SALES AND MANAGEMENT Disclaimer For GROUP Owners Name & Address THE RELATED GROUP 315 S. BISCAYNE BOULEVARD MIAMI FL 33131 Type /Class SM -0037 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 Cross Reference No Cross Reference Document Images 12/12/2011 -- Trademark/Renewal View image in PDF format 12/12/2011 -- CORAPTMONC View image in PDF format 1 of 2 3/5/2013 11:06 AM ATTACHMENT 3 PERFORMANCE AUDIT PRH BOYNTON BEACH, LLC 315 South Biscayne Boulevard Miami, FL 33131 February 28, 2013 Vivian L. Brooks Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Hand Delivered Re: Performance Audit for the year ending December 31, 2012 Dear Ms. Brooks: Enclosed is the Performance Audit for the year ending December 31, 2012 as required by section 5.6 of the Direct Incentive Funding Agreement dated April 25, 2005, as amended (the "Agreement "). Pursuant to section 6.3 of the Agreement, the Pledged Project Increment Revenues shall be disbursed to PRH Boynton Beach, LLC by the latter of April 1, 2013 or 30 days after the Boynton Beach Community Redevelopment Agency's acceptance of the Performance Audit. Regards, *- Arden M. Karson Vice President Enclosure Acknowledgement • ' :cei • . of the Performance Audit: By: Vivian L. Brooks, Executive Director Date: February _, 2013 PRH BOYNTON BEACH, LLC INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES fuocogroup Certified Public Accountants Business Advisors To the Members PRH Boynton Beach, LLC Miami, Florida 33131 We have performed the procedures enumerated below, which were agreed to by the management of PRH Boynton Beach, LLC solely to assist you in the submission of your performance audit to the Boynton Beach Community Redevelopment Agency ( "CRA ") pursuant to the Direct Incentive Funding Agreement dated April 25, 2005. This agreed upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures in order to determine that you are offering 10% of the retail space (1,930 square feet) of your property (total retail square foot 19,300), Casa Costa, formerly known as The Promenade, at 400 N. Federal Highway, Boynton Beach, FL, at one -half (1/2) of the average rental rate of non - program space. As oer correspondence dated February 9, 2011 provided to us from the CRA, this rate was determined to be no higher than $12.50 per square foot based upon an analysis of comparable retail rentals in October 2010 and you have confirmed that you have no requirement to update this analysis for purposes of the Direct Incentive Funding Agreement. For the time period when the property was owned by Boynton Waterways Investment Associates, LLC and was known as The Promenade: • We confirmed that Mervin McDonald was retained by Boynton Beach Waterways, LLC as the exclusive broker for the property and was terminated effective December 30, 2012. • We verified that Mervin McDonald is a licensed real estate broker in the State of Florida by verifying the below licenses on www.myfloridalicense.com (see Exhibit A): o Mervin McDonald — License numbers BK408000 and BK3213172. o The Lancore Group LLC — License number CQ1039374 o CDS Realty LLC dba Park View Realty — License number CQ1030188. • We received outside verification from Mervin McDonald of Park View Realty (see Exhibit B) that confirms: o Mervin McDonald is a Florida licensed real estate broker who was retained as the exclusive broker for The Promenade. o A minimum of 10% of the total 19,300 commercial square footage was being offered at fifty percent (50 %) of the market rate while he was the exclusive broker. • We inquired if there were any leases executed during the time he was retained at the affordable access rate of $12.50 and were advised that there were none. • We determined that the rental amount received in 2012 from the tenant Happy Gardens was $16,335 as per review of the 2012 tenant ledger and/or supporting documentation. We did not trace the rental payments to deposit slips or bank statements. 123 NW 13th Street, Suite 213, Boca Raton, FL 33432 Tel (561) 367 -2960 Fax (561) 368 -5206 Boca Raton 1 Long Island 1 New York City! N. Palm Beach www.fuoco.com For the time period effective December 27, 2012, when PRH Boynton Beach, LLC took title to the property, now known as Casa Costa: • We confirmed that Merin Hunter Codman, Inc. has been retained as the exclusive broker for the property effective January 1, 2013. • We verified that Merin Hunter Codman, Inc., License number BO2019746 is a licensed real estate broker in the State of Florida by verifying the license on www.myfloridalicense.com (see Exhibit C): • We received outside verification from Merin Hunter Codman, Inc. (see Exhibit D) that confirms: o Merin Hunter Codman, Inc. is a Florida licensed real estate broker that has been retained as the exclusive broker for Casa Costa. o A minimum of 10% of the total 19,300 commercial square footage is being offered at fifty percent (50 %) of the market rate. • We performed an online search on LoopNet for Casa Costa and reviewed the online listing of the retail space available and noted that the listing reflects 2,373 square footage available at the rental rate of $12.50 per square foot (Space 3) (see Exhibit E). Based upon the above procedures performed and our findings, we hereby find that Casa Costa, formerly known as The Promenade, is offering retail space of a minimum of 1,930 square footage at the rate of $12.50 per square foot. We were not engaged to and did not conduct an examination, the objective of which would be the expression an opinion on the financial statements of PRH Boynton Beach, LLC or Boynton Waterways Investment Associates, LLC. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. wo .diucvo 00e Boca Raton, Florida February 26, 2013 • Licensing Portal - License Search Page 1 of 1 Exhibit A - Page 1 of 4 6:40'10 PM 2/21/2013 Data Contained In Search Results Is Current As Of 02/21/2013 06:39 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate MCDONALD, MERVIN primary BK3213172 Current, Active Broker or Sales DONALD Broker 03/31/2013 Main Address *: 95 5 FEDERAL HWY #204 BOCA RATON, FL 33432 liala CEO * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This Is the address where the place of business is physically located. 1940 North Monroe Street. Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA /EEO employer. Copyright 2007 -2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public- records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. Licensing Portal - License Search Page 1 of 1 Exhibit A - Page 2 of 4 6:41:19 PM 2./21/2013 Data Contained In Search Results Is Current As Of 02/21/2013 06:39 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate MCDONALD, MERVIN Primary BK408000 Current, Active Broker or Sales DONALD Broker 03/31/2013 Main Address *: 95 S FEDERAL HWY #204 BOCA RATON, FL 33432 Back Cnan * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from to Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1940 North Monroe Street. Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida Is an AA /EEO employer. Copyright 2007 -2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. if you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. 'Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address If they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record, If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine 1 you are affected by this change. �r„ / /.,,.,,.x, mvflnririalippnCF. rnm Axil 1 1 a c„9.,,r,.la -7 v... > .- i -. -.r ;..w .. r. -• r, Licensing Portal - License Search Page 1 of 1 Exhibit A - Page 3 of 4 9:42:33 AM 2/26/2013 Data Contained In Search Results Is Current As Of 02/26/2013 09:40 AM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate THE LANCORE GROUP primary CQ10393374 Current, Active Corporation LLC RE Corp. 09/30/2014 License Location Address *: 777 E ATLANTIC AVE SUITE 224 DELRAY BEACH, FL 33483 Main Address *: 777 E ATLANTIC AVE SUITE 224 DELRAY BEACH, FL 33483 Back CCED * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007 -2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public- records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. 'Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emalls provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine If you are affected by this change. Licensing Portal - License Search Page 1 of 1 Exhibit A - Page 4 of 4 6:48:53 PM 2/21/2013 Data Contained In Search Results Is Current As Of 02/21/2013 06:46 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate CDS REALTY LLC Primary CQ1030188 Current, Active Corporation RE Cor p 03/31/2014 License Location Address *: 3299 NW SECOND AVE BOCA RATON, FL 33431 Main Address *: 3299 NW SECOND AVE BOCA RATON, FL 33431 Real Estate CQ1030188 Current, Active Corporation PARKVIEW REALTY DBA RE Corp. 03/31/2014 License Location Address *: 3299 NW SECOND AVE BOCA RATON, FL 33431 Main Address *: 3299 NW SECOND AVE BOCA RATON, FL 33431 Back * denotes Main Address - This address is the Primary Address on file. Mailing Address - Thls is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007 -2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public - records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mall, if you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address If they have one. The emalis provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our chapter 455 page to determine if you are affected by this change. Exhibit B PRH Boynton Beach, LLC 315 South Biscayne Boulevard Miami, FL 33131 February 7. 2013 Mr. Mervin McDonald Lancore Realty. Inc. CDS Realty LLC dba Park View Realty 3299 NW Boca Raton Boulevard. Suite 101 Boca Raton, FL 33431 Our accountants, Fuoco Group. LLC. 123 NW 13 Street. Suite 213. Boca Raton, Florida are conducting an agreed upon procedures engagement for us regarding the Affordable Access • Commercial element of the Direct Incentive Agreement with the Boynton Beach Community Redevelopment Agency. Please furnish directly to them the information requested below regarding your marketing and leasing program of the commercial space at our property, The Promenade in Boynton Beach. Florida. Please confirm to them the following information: • You were the exclusive contracted listing broker of the property for the year ended December 31, 2012. • You arc a Florida licensed real estate broker and are not affiliated in any manner with Boynton Waterways Investment Associates. LLC or PRH Boynton Beach, LLC. o Mervin McDonald license number k RIG 3 .2/ 3/ 72 �o o ..1.anectre-Rea14,-/no. license number is Cc? /c)..7 9:774." o CDS Realty LLC dba Park View Realty license number is C Q 1030/ 88 • • You were instructed to lease a minimum of 1,920 square feet of the commercial space at die rate of S12.50 per square foot which is one -half of the average market rental rate. In addition: • Please provide a schedule of the pertinent information for all executed leases to date — Date. tenant name. space number. term of lease. space square footage and the per square foot rate. • Please describe your 2012 marketing program of the property including how the Affordable Access Commercial Space was being publicized. Please include any punt literature that you might have and provide any web site information promoting the property. Please attach a separate page if you need more s pace. ( ( r c \ ran, C-V L:7 c r116.3t 1� fa WacCl 1D y C b \ a v-.p et In I G 4 - e's $11 LAS D r Y1 t-L?Q! 17 •• 7 ((,, ' loa Y lO-Q )i a )Ccrt fl Sat vGkA �,� )1■04 ∎n � Gavt, rx vY L kr >± e rv5e...QA - y Yiri N a I uses s! fi ned r pe,4 a truce ph eran-c 1 Please email your response directly to Donna Seidenberg at dscidenberg @futxo.cont as soon as possible. but no later than February 22. 2013. Very truly yours, Per conversation with Mervin McDonald 2/26/13 he was the exclusive broker for the Arden M. K n . Vice President property for 2012 and he was PRH Boynton Beach, LLC instructed to lease a minimum of 1,920 square feet at the rate of $12.50. In addition, there were no leases executed during that time. Licensing Portal - License Search Page 1 of 1 Exhibit C 6:52:06 PM 2/21/2013 Data Contained In Search Results Is Current As Of 02/21/2013 06:49 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status /Expires Rank Real Estate MERIN HUNTER CODMAN primary B02019746 Current, Active Branch Office INC RE Branch Offic 09/30/2014 License Location Address *: 951 YAMATO ROAD SUITE 102 BOCA RATON, FL 33431 Main Address *: 1601 FORUM PLACE 200 WEST PALM BCH, FL 3340' Back MID * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Coovriaht 2007 -2010 State of Florida. Privacv Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public- records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mall. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address If they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine If you are affected by this change. h�- f,.n• / /cininv ,,,.,flnr; rial icen se_ rnm /wll 1 aCt'177Y1n1iP =7 Xr Exhibit D Page 1 of 6 951 Yamato Rd Suite 102 NAI Merin Hunter Boca Raton FL 33431 tel 561 394 5200 Codman, Inc. fax 561 394 5498 www.mhcreal.com Commercial Real Estate Services, Worldwide. sgrossman®mhcreal.com Spencer Grossman Senior Commercial Associate Donna Seidenberg, CPA Director — Fuoco Group 123 NW 13 Street, Suite 213 Boca Raton, FL 33432 dseidenberg@fuoco.com February 8 2013 Re: Casa Costa Leasing & Marketing Dear Donna, Please let this letter serve as confirmation that NAI is the exclusive leasing agent for the commercial space at Casa Costa. Please note that we are currently marketing over 1,920 sf at $12.50 per sq. ft. Below please find an outline of NAI Merin Hunter Codman's leasing & marketing program for Casa Costa: - Canvassing commercial buildings & cold calls - eBlasts to the business and brokerage communities - Advertising in local publications - Internet exposure on the following sites: - mhcreal.com - costar.com - loopnet.com As of today's date, there are no current tenants in place for the retail section of the project. If you have any questions or need any additional information please do not hesitate to contact me. Warm Regards, Spencer S. Grossman Senior Commercial Associate NAI Merin Hunter Codman, Inc. Build on the power of our network. n. Over 350 offices worldwide. www.naiglobal.com Exhibit D Page 2 of 6 PRH Boynton Beach, LLC 315 South Biscayne Boulevard Miami, FL 33131 February 7, 2013 Mr. Jordan Paul Merin Hunter Codman, Inc. 1601 Forum Place, Suite 200 West Palm Beach, FL 33401 Our accountants, Fuoco Group, LLC, 123 NW 13 Street, Suite 213, Boca Raton, Florida are conducting an agreed upon procedures engagement for us regarding the Affordable Access - Commercial element of the Direct Incentive Agreement with the Boynton Beach Community Redevelopment Agency. Please furnish directly to them the information requested below regarding your marketing and leasing program of the commercial space at our property, The Promenade in Boynton Beach, Florida. Please confirm to them the following information: • You are the exclusive contracted listing broker of the property effective January 1, 2013. • You are a Florida licensed real estate broker and are not affiliated in any manner with Boynton Waterways Investment Associates, LLC or PRH Boynton Beach, LLC. • Merin Hunter Codman, Inc, license number isi 0 . 20 1 6171 . • You are instructed to lease a minimum of 1,920 square feet of the commercial space at the rate of $12.50 per square foot which is one -half of the average market rental rate. In addition: • Please provide a schedule of the pertinent information for all executed leases from January 1, 2013 to date — Date, tenant name, space number, term of lease, space square footage and the per square foot rate. If there are none, please indicate this in the space below. • Please describe your marketing program of the property including how the Affordable Access Commercial Space is being publicized. Please include any print literature that you might have and provide any web site information promoting the property. Please attach a separate page if you need more space. Please email your response directly to Donna Seidenberg at dseidenberg @fuoco.com as soon as possible, but no later than February 22, 2013. Very truly yours, Arden M. Karson , Vice President PRH Boynton Beach, LLC Exhibit D Page 3 of 6 Retail /Office Space Available For Lease or Purchase tASACOSTA 400 N. Federal Highway, Boynton Beach, Florida 33435 • P o NOW AVAILBLE �L `% 600 -3,900 SF OF UNIQUE GROUND FLOOR RETAIL SPACE .. L _wt te• -`- -' , : . - `, � a -js �, :',..,1 ,t ' ■ Mixed use project consisting of i, ''� . . __ \: ` d ±19,300 SF of retail /office space ,, ' ,,-.. 4 � .1 — 0 "' and +400 condo units . . • Great second generation restaurant ' P - — a � y space available • ti _ � R r ', • Superb visibility on Federal Hwy • • ff , ' �, _11 i t, • Located on the hard corner of 1f'T =,ti: "1 --` '' Federal Hwy and Boynton Beach -' ;' - 7,,.J.. `' .A . • � • i . i .; Blvd in the heart of Downtown f, - ih : Boynton Beach • ±1,000 condo units within a 1/4 = •_ -- ---- — .� a _ - �{: mile radius e .- _ .�1� • One plus mile from 1 -95 ,r I s ,1" ° . i ., s ` 1) , ":7;;,,, 4 J . 1 • Walking distance to marinas, { � 1 °1 waterfront shops and restaurants • • i ) ,'' fit ...�. ff l 1 • wt ! k BOY HrON BEACH BOULEVARD. OHM 111111/111 NM 1 1 ■1,1eR -f '•-•.;• 1 i e®as ®� .b d� A . i ., I!' —, � r � ■ i t i ' 1 = s r n I - ?, i I ,' i t �' ROAD 112 DEMOGRAPHICS: 1 MILE 3 MILES 5 MILES )TAL POPULATION: 12,719 73,158 168,016 is t , o, OM`' ` `,: : , 9 15 , 47. uI0t 17 r, )TAL EMPLOYEES: 4,725 26,156 54,397 contact information ' d i s ,), } �' - -- ?yr •k ,s /• ;Y: ' 9� , Spencer Grossman sgrossman @mhcreal.com Ara propord Ua. of cattail crosuriim via 1 .Etta b dt decimal. d con:Ortr .n .ra ry attic ratio, at Y '''''' bv., n . mh• .rd.pdabr• Madq ad at .'t.d ,d STY'' odd. n''.dr ". '''''''d u.. d d1. aLatt ' Merin Hunter d.�ndsr.i.a TMO toconta.nd .ws art P.d~�,1• • Matthew G. McAllister d .cn r''0 . m ...l.r.• n.l.Yl w. dr. na Ream] Group YM r. u. Olou•P0.. TW(aMardrama Cam O "•dandOOP l °AG"•� m ..ow ^ ..•_^ ,,, b�• , • -^•• mmcallister @mhcreal.com Codman In �d.. ,.d0,orcr .m.. rearm l ..o00 Group �.rc .....11. d�n. .r Ww np..nWaa.."1bda.r dfl cd b Damao*, and cad by 11..Rat.1.d Or.p.a td .d. bboY .day bDn..y. ' WO ^.. Th. R41.d01wP.."..,"W ...,.. f.. 0c, w.' ,r.l..r4"."rn."*.''nv„d..rtvn.vd 951 Yamato Road Suite 102 . Camrw.n and "a, ...c1 10 to tin d , a r. camrir.n Gambia .a as Ro Oro. m nol caar " A °°° :b ° . .:7;= m. � ; . „"� b, a,d: Boca Raton FL 33431 °' mmercial Real Estate Services, Worldwide. o,�,,� T, ,�.N e. .,"d www. mhcreal. com tel 561 394 5200 1 information contained herein has been given to us by the owner of the property or other sources we deem reliable. We have no reason Doubt Its accuracy, but we do not guarantee It. All Inforrnatlon should be verified prior to purchase or lease. fax 561 394 5498 LoopNet - Casa Costa, Street Retail, 400 N Federal Hwy, Boynton Beach, FL 2/12/2013 Exhibit D - Page 4 of 6 WI Spencer Grossman — (561) 394 -5200 Merin Hunter Matthew G. McAllister — (561) 394 -5200 Cadman, Inc. Cornmerdial Real Estate Serves, worldwide. Retail Property For Lease Casa Costa 400 N Federal Hwy, Boynton Beach, FL 33435 4 :i-v - : . Total Space Available: 13,265 SF 6 0',1 Rental Rate: $12.50 - $15 /SF/Year t r - Min. Divisible: 600 SF - .. ..?7 - ...• ��. i , Max. Contiguous: 3,894 SF - 1 r Property Type: Retail #` Property Sub -type: Street Retail -- fi' Additional Sub - types: Office Building `T- ! Building Size: 19,300 SF 7,.r Year Built: 2009 .-- jl' ,-- , - Lot Size: 3.98 SF F . ,,,,;:,......-=`,' � ; - Traffic Count 18,051 '# • " r -- .' vois I Cross Streets: Boynton Beach Blvd Zoning Description: Mixed Use Development Last Updated 4 days ago Listing ID 17986203 6 Spaces Available Display Rental Rate as Entered ■ Space 1 Space Available: 600 SF Rental Rate: $15 /SF/Year Space Type: Street Retail Lease Type: NNN Space 2 Space Available: 2,263 SF Rental Rate: $15 /SF/Year Space Type: Street Retail Lease Type: NNN Space 3 Space Available: 2,373 SF Rental Rate: $12.50 /SF/Year Space Type: Street Retail Lease Type: NNN n:// www.l oonnet. com/ xNet/ MainSite /I.istino/Prnfile/PrintPrnfi ac, v9T 11 1 �no��n� n.ow - r LoopNet - Casa Costa, Street Retail, 400 N Federal Hwy, Boynton Beach, FL 2/12/2013 Exhibit D Page 5 of 6 Space 4 Space Available: 660 SF Rental Rate $15 / SF/Year i Space Type: Street Retail Lease Type: NNN Space 5 Space Available: 3,475 SF Rental Rate: $15 /SF/Year Space Type: Street Retail Lease Type: NNN Space 6 Space Available: 3,894 SF Rental Rate $15 / SF/Year Space Type: Street Retail Min. Divisible: 1,200 SF Lease Type: NNN Highlights • Superb visibility on Federal Hwy. • Walking distance to marinas, waterfront shops and restaurants. • Located on the hard corner of Federal Hwy and Boynton Beach Blvd in the heart of Downtown Boynton Beach. • ±1,000 condo units within a 1/4 mile radius. Description Mixed use project consisting of ±19,300 SF of retail /office space and +400 condo units. Great second generation restaurant space available. ±1,000 condo units within a 1/4 mile radius. One plus mile from 1 -95. Walking distance to marinas, waterfront shops and restaurants. 2013 operating expenses are estimated at $8.50 psf. Superb visibility on Federal Hwy. Located on the hard corner of Federal Hwy and Boynton Beach Blvd in the heart of Downtown Boynton Beach. Map of 400 N Federal Hwy, Boynton Beach, FL 33435 (Palm Beach County) LoopNet - Casa Costa, Street Retail, 400 N Federal Hwy, Boynton Beach, FL 2/12/2013 Exhibit D Page 6 of 6 , 1 1 ^ E 11th iAve -_ _ t 1 NI 12th_Ter . r 9t rAve ) a = _N E9ij L . E = ' I tt— - -- t; = �+ ji_i -1:1 — LJ r_ ._, \\. —._ v[� i 1 h— _ _.NE-NE Avt�- S r j } I b �� t b / i J Inie ' a J t" �. :t Gth::A * 1 — .. ' w'` f 'NIH; A . C N1Nti#th lA►ve : � , N E , e 1 ih n. E Bo n ` J i t s i NU_ L , � PAO ocean e = F —_ . I Ekea ' L i r ,......_,I 1 I .A: .Ave 11 1 1 I - - " 1 _ 1 I 1[_____;,, r ,SE:2nd -Ave. - t Additional Photos L µ t t � -" t.....,,,,o....__,.....-,.,,, . 'w�w_.. -t * {.. ` ; t r a .... ' ''..'}- , , ' : .:2: '''a 4 . - ....F1 . ■ - i - ...: - .t. ;;.!- ' P -'''' : '''''''r; • l :'''. } :' 1, ;^"' , ,..5 .., , .,. tx � '' Est � �'' 't 0 ~ a 1 /Ow- d r....:7 t ; 'Liz . ti ,, t , ! A ; z P •A 1 i 1 f i 1 1M�P t t ' 1, rill a va f, a r ,at t t , t 4 I i 't'" Casa Costa Casa Costa Created 1/17/2013 • nT TT1_1 n �, - •• - - - -- :n: / /www.lnnnnet cnrn /xNet /Ma , tp/T ict;.,n/n,�floro>;.. +n, �.., LoopNet - Casa Costa, Street Retail, 400 N Federal Hwy, Boynton Beach, FL Page 1 of 4 Exhibit E - Page 1 of 2 wi 11.11 . t et #1 in Commercial Real Estate Online 400 N Feded�„ , )S Boynton B FFCC :ryy g listings, Upgrade Now. Back o Search Results Result 1 of 1 _ Media caption will be displayed here R -tail Property For Lease under the rr6cation CI sa Costa LPri PTlR9 kiting 40' N Federal Hwy, Boynton Beach, FL 33435 Share on social networks ? 1s. b • ` r< ; N )'rje�i C r - ��' C Merin Hunter txtman, Inc. /�T Y �.•. 2 . --'+� -�" � 1 CorM1ercial Ree/ Estate Services, worldwioA • t "� t • Request additional Information . /c" � Spencer Grossman •_�_-( i�i�r� Matthew G. McAllister / �'�" 1 . '•'. — -� Show phone number 7 Send a message: 1 _ Please send me additional i • .. • - +_,..� - - information about this property. • You can reach me at (561) 367- - 2960. z 1^11'1":;.": • • __ G Contact Listing Broker Total Space Available: 13,265 SF Rental Rate: $12.50 - S15 / SF/Year Watch This Property Min. Divisible: 600 SF Max. Contiguous: 3,894 SF Get Similar Property Alerts Property Type: Retail tt Property Sub -type. Street Retail Create Report .• Additional Sub -types Office Building Building Size 19,300 SF Share this listing Year Built: 2009 Send to Friend Lot Size: - 3.98 SF Traffic Count 18,051 Link to This Listing - Cross Streets. Boynton Beach Blvd Embed This on Your Web Site Zoning Description Mixed Use Widgets, Badges and Tools Development Find Out More... Share on social networks Last Updated 2 days ago Recommend -; 0 Listing ID 17986203 ii i Tweet i i2 6 Spaces Available Display Rental Rate as Entered ■ 8here I 5 . o Space 1 Space Available: 600 SF Additional options Rental Rate: $15 /SF/Year Print Listing Space Type: Street Retail View Map • Lease Type: NNN I Demographics Is this listing inaccurate? - Space 2 Space Available 2,263 SF Report Listing Error Rental Rate: $15 / SF/Year ( 1 I Space Type. Street Retail Advertisement i Lease Type: NNN Space 3 Space Available 2,373 SF Rental Rate. $12.50 / SF/Year httn• Mumma i I nnnnaf nnm /vTN.Tn ♦ /\ 4n..,c;4., /T :- 4-:..,`/n_`.C1_ rn -_c1 _ - - n. .T. ... -- - .- . .- - LoopNet - Casa Costa, Street Retail, 400 N Federal Hwy, Boynton Beach, FL Page 2 of 4 Exhibit E - Page 2 of 2 Space Type: Street Retail 1 Lease Type NNN = q`/,�K*.;. i ` Ir F?rL :115.1,1ll 1.. ' -y here Space 4 Space Available. 660 SF u0 4t,CVl k+' 1 ` -® Rental Rate: f15lSF/Year t ; i, A� ,u S T yp e : Street Retail Lr1 lA'IM c • i . 1 P , Lease Type: NNN •if,i `. r ,,, 111 '. , ; 1 • I ! Space 5 Space Available 3,476 SF - Rental Rate. 615 /SF/Year i Space Type. Street Retell Lease Type: NNN Space 6 Space Available: 3,894 SF Rental Rate: $15 /SF/Year + Space Type. Street Retail �] Min Divisible: 1,200 SF .t Lease Type. NNN 1 1 Attachments Property Flyer Merin Hunter Codman Website Highlights Superb visibility on Federal Hwy. ±1,000 condo units within a 1/4 mile radius. Walking distance to marinas, waterfront shops and restaurants. Located on the hard comer of Federal Hwy and Boynton Beach Blvd in the heart of Downtown Boynton Beach Description Mixed use protect consisting of ±19,300 SF of retail/office space and +400 condo units. Great second generation restaurant space available, ±1,000 condo units within a 1/4 mile radius One plus mile from 1 -95. Walking distance to marinas, waterfront shops and restaurants. 2013 operating expenses are estimated at $8.50 psf. Superb visibility on Federal Hwy. Located on the hard corner of Federal Hwy and Boynton Beach Blvd in the heart of Downtown Boynton Beach Map of 400 N Federal Hwy, Boynton Beach, FL 33435 (Palm Beach County) Hide Map .. a - 1,......, ..a ,. ,. «.. /.. XTo +/A 4 .. ,,+Q;4.. /T ... +. « .. - - ATTACHMENT 4 INCENTIVE CALCULATION WORKSHEET CASA COSTA (FORMERLY KNOWN AS THE PROMENADE) INCENTIVE CALCULATION WORKSHEET As of: October 1, 2012 - Updated for Final Millage by City & County FY 2012 - 2013 Value of the Project prior to Redevelopment - 2004 Value _ $ 119,816 (Aggregate Value of all properties within Project Boundary) Value of the Project after Redevelopment - 2012 Assessed Value $ 71,595,401 (Aggregate Value of all properties within Project Boundary) Project Increment $ 71,475,585 TIF Revenue = (95% of Project Increment X (City Millage + County Millage) City Millage Rate* 0.0076 City TIF Contribution = 95% of Project Increment X City Millage $ 516,054 County Millage Rate* 0.0047815 County Contribution = 95% of Project Increment X County Millage $ 324,672 TIF Revenue created by Project $ 840,726 Award Factor 47.5% Incentive Award to Developer $ 399,345 • (Incentive Award = TIF Revenue created by Project x Award Factor) Total Remaining with CRA $ 441,381 *Millage Rates are set annually by the City and County T: \DEVELOPMENT\Promenade \DIFA \Promenade TIF Calculations - Funding Requirements k?f CRA CRA BOARD MEETING OF: March 13, 2013 Consent Agenda 1 1 Old Business j X j New Business 1 1 Public Hearing 1 Other SUBJECT: Consideration of Removing Omar Smith from HAP Mortgage Deed per Dissolution of Marriage Mediation Agreement, SUMMARY: On July 11, 2007 Kimberlee and Omar Smith entered executed a Mortgage Deed for GAP Mortgage Assistance with the Boynton Beach Community Redevelopment Agency for their property located at 28 A Crossing Circle, Boynton Beach, FL 33435 -their marital home. Attached is a copy of the recorded Mortgage. On January 9, 2013 Kimberlee and Omar Smith entered into a Mediation Agreement for Dissolution of Marriage. With respect to the Division of Assets, both parties agreed that Kimberlee Smith would take possession of the marital home; Omar Smith would turn over all rights, title and interest to Kimberlee Smith and Omar Smith would be removed from the mortgage(s). Pursuant to the attached Mediation Agreement (1. Division of Assets: B) the parties are requesting the CRA to remove Omar Smith from the Mortgage Deed for GAP Mortgage. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Homebuyer's Assistance Program (HAP) RECOMMENDATIONS: Approve the removal of Omar Smith from the Mortgage Deed for GAP Mortgage Assistance. Vivian Brooks Executive Director Nona Ir iiirn1i Wrest - CFN 20070339374 OR BI{ 21934 PG 1872 RECORDED 07/16/2087 88 :17 :56 Pala Beach County, Florida AMT 49, Deed Doc 171.85 Sharon R. Hock, CLERK & COMPTROLLER Pge 1872 - 1876; (5pga) First American Title Insurance Lompul )y 915 S. Federal Highway 1630 South Congress Avenue, Ste. 100 Boynton Beach, FL 33405 Palm Springs, FL 33461 MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE THIS MORTGAGE DEED executed this \ \ day of July 2_ 0Q7 33435 Cimerlee Smith and Omar Smith, /wifea, la4s12 — B Crossings Cirle, Boynton/ $ t h er called the "Mortgagor "), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, whose address is 915 S Federal Highway, Boynton Beach, Florida 33435 (hereinafter called "Mortgagee "): WITNESSETH: That for good and valuable consideration, and also in consideration of the aggregate sum named in the promissory note of even date herewith, hereinafter described, the Mortgagor hereby grants, bargains, sells, promises, conveys and confirms unto the Mortgagee all the certain land of which the Mortgagor is now seized and in possession situated in Palm Beach County, Florida, to -wit: Legal Description Condominium Unit No A -28, THE CROSSINGS OF BOYNTON BEACH, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Record Book 4071, Page 1175, as amended from time to time in the Public Records of Palm Beach County, Florida Property Address: 12 -B Crossings Circle, Boynton Beach, FL 33435 THIS IS A THIRD MORTGAGE, subject to the first Mortgage from Mortgagor to BankAtlantic , in the original principal amount of $ 75,500.00 and a second mortgage from Mortgagor in favor of the City of Boynton Beach (hereinafter "City") in the original principal amount of $ 27,925 TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the Mortgagee in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of said land in fee simple; that the Mortgagor has good right and lawful authority to convey said land as aforesaid; that the Mortgagor will make such further assurances to perfect fee simple title to said land in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances other than the certain first and second mortgages referenced above. PROVIDED ALWAYS, that said Mortgagor shall pay unto said Mortgagee a certain promissory note hereinafter substantially copied or identified. to -wit: MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 2 of 5 AND the Mortgagor hereby further covenants to occupy the subject premises as its principal residence and further covenants that if the subject premises is leased, sub - leased or otherwise devised or assigned to any person or entity during the term of the first mortgage 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. AND upon sale of the property within the first five (5) years of ownership Mortgagor must pay eighty percent (80 %) of the equity in the property (as determined by fair market appraisal) to Mortgagee and the City proportionate to the amount of funding received from each. During years six. (6) through twenty (20) of ownership Mortgagor shall pay to the Mortgagee and City fifty percent (50 %) of the equity in the property upon sale and during years twenty -one (21) through thirty (30) fifteen (15 %) of the equity in the property shall be paid to the Mortgagee and City proportionate to the amount of funding received from each. AND Mortgagor shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant in the Note, this mortgage and the Homebuyer Assistance Program Agreement attached hereto as Exhibit `B" and incorporated herein by reference (hereinafter "Agreement "). AND the Mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest, if any interest shall be due, and other sums of money provided for in said Note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to keep the property in good repair and to permit, commit or suffer no waste, impairment or deterioration of the property or any part thereof, except for reasonable wear and tear, so as to be in compliance with the Minimum Housing Code of the City of Boynton Beach, Florida at any time; to keep the buildings now or hereafter existing on said land fully insured in a sum of not less than market value with a company or companies acceptable to the Mortgagee, the policy or policies to be held by and payable to said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges and expenses including attorney's fees and title searches reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Agreement, Note and this mortgage; to perform, comply with and abide by each and every of the agreements, stipulations, conditions and covenants set forth in said Agreement, Note and this mortgage. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue the Agreement, Note and this mortgage, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by the laws of the State of Florida. AND IN THE EVENT of a voluntary sale or foreclosure, Mortgagor shall first provide notice of same to Mortgagee who shall have the first right to purchase the property from the Mortgagor for the fair market value of the property as determined by a current certified appraisal. Mortgagee shall have fifteen (15) calendar days after the date it receives a copy of the proposed contract to determine MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 3 of 5 whether to exercise its right to purchase hereunder by sending written notice to the Mortgagor (it being understood that Mortgagee'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 Mortgagee to complete all necessary preparations and close. AND IN THE EVENT any sum or money herein referred is not promptly paid within thirty days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said Agreement, Note and this 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 Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this mortgage accrued or thereafter accruing. AND IN THE EVENT Mortgagor elects to refinance the Property, Mortgagor shall repay the entire principal balance in full together with interest at four (4 %) per annum calculated from the time of purchase. MORTGAGOR hereby acknowledges receipt of the Agreement and has familiarized itself with the terms and conditions contained therein, said terms and conditions being incorporated herein by this reference and binding upon Mortgagor. V ' MORTGAGOR SHALL NOT execute an assumption or in any way convey its obligations under this mortgage or Note secured hereunder without the proper written consent of Mortgagee. pa IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed its presence the day and year first above written. 0 WITNESSES: BORROWER(S): cn Li) l lk En E.4 j Lkild361AVILbtL Aral Print Name: 14: ' 81 2)' ViA Print Name: Kimberlee Smith Print Name: C ThE e,��/� G Print Name: Omar Smith L . Q.PL" `7 Print Name: CIA.CLAPCCa.1 En Print Name: H 3 MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 4 of 5 STATE OF FLORIDA COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ■ day of July , 2007 by KIMBERLFE SMITH , who is /are personally known to me or who has produced ��.� as identification and who did /did not take an oath. (Seal) Notary Public: 1 Print Name: State of Florida at Large My Commission Expires: STATE OF COUNTY OF rl.._ The foregoing instrument was acknowledged before me this // day of July, 2007 by Omar Smith who is /are personally known to me or who has produced 1155 as identification and who did not take an oath NOTARY PUBLIC ( PRINT NAME: i/ U b ae ei(t.A.(E k)` 1 (SEAL) MY COMMISSION EXPIRES \ P " MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 5 of 5 Exhibit "A" GAP MORTGAGE PROMISSORY NOTE Amount: $ 49,100.00 Date: July 11, 2007 FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of the City of Boynton Beach, Florida (herein referred to as "Mortgagee "), the sum of Forty Nine Thousand One Hundred ($ 49,100.00 ), without interest, in lawful money of the United States, at 915 S. Federal Highway, Boynton Beach, Florida 33435 or at such other place as the Mortgagee may designate in writing. This Note is given in accordance with the terms of and evidences a gap mortgage loan given by the Mortgagee for the exclusive purpose of: acquisition of an existing single family residential unit; acquisition and rehabilitation of an existing single family residential unit; construction of a single family residential unit; lot acquisition and construction of a single family residential unit; or acquisition of an existing townhome or condominium; which the undersigned will occupy as their principal residence. THE UNDERSIGNED RESERVE(S) the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums and thereby remove the mortgage on the property securing this Note, provided that the cost of removal of said mortgage plus all other fees involved will be borne by the undersigned. THE MORTGAGEE AND THE UNDERSIGNED severally waive(s) demand, protest and notice of maturity, non - payment or protest and all requirements necessary to hold each of them liable as makers and endorsers. THE UNDERSIGNED further agree, jointly and severally, to pay all costs of collections including a reasonable attorney's fee in case the principal of this Note or any payment on the principal or any interest thereon is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof, whether suit be brought or not. THIS NOTE is secured by a mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; and upon default in payment of the principal when due. the whole sum of principal and remaining unpaid balance shall, at the option of the City, become immediately due and payable. BORRO ER(S): = ___ Print am Kim a mith Print Name: Omar Smith to ;„ ALTERNATIVE DISPUTE i _ 'ti; MAIN COURTHOUSE RESOLUTION PROGRAM 205 NORTH DIxIE HWY. 15th Judicial Circuit ; v _ WEST PAuf BEACH, FL 33401 PHONE: 561- 355 -2739 DATE: January 9, 2013 IN RE: Kimberlee Smith, PETITIONER and Omar Smith, RESPONDENT CASE - NO 5O2012DDR009961X B FZ - — - - - - - - - - - -- - MEDIATION AGREEMENT (Dissolution of Marriage with Two Children) The Parties have participated in mediation at the Court Mediation Program of the Fifteenth Judicial Circuit and have reached the following agreement: 1. DIVISION OF ASSETS: A. All jointly owned personal property and household furnishings have already been satisfactorily divided by the parties and are in the possession of their rightful owner. Each party waives any claim, right or interest in personal property presently in the others possession. B. The property located at 28 A Crossing Circle, Boynton Beach, FL 33435 is the marital home of the parties. The wife shall have exclusive use and possession of the marital home beginning January 9, 2013. The home shall be the exclusive property of the wife and if applicable, the husband shall execute and deliver a Quit Claim Deed turning over all rights, title and interest to the said home to the wife. Both parties shall cooperate in removing the husband's name from the mortgage which shall be completed on or before March 9, 2013. Further, the wife shall be responsible for paying the mortgage, property taxes, homeowners insurance, association fees and any other recurring bills and/or debts directly associated with the house. The wife agrees to indemnify and hold harmless the husband with regard to all of these debts. If possible and applicable, the wife shall refinance the existing mortgage in her own name so that the husband shall have no further liability therefore. • retain receipt requested. The Oblige must then file the returned certified mail receipt with the Clerk of Court. Information concerning the Notice to Payor and the form can be obtained from the Clerk's Self Help Referral Center. THE OBLIGOR IS PAID BY THE FOLLOWING ENTITY: COMPANY NAME: UNITED STATES ARMY ADDRESS : WALTER REED NATIONAL MILITARY MEDICAL CENTER PHONE NUMBER: 301 -319 -2546 8. OTHER: • The parties have been informed that either of them must file a Motion to Notice for Trial with the Clerk of Court in order to proceed to a Final Hearing. t om. , (9 Petitioner / Wife / Mother Respondent / Husband / Father Address: Address: / 74 / 1117 2, 2 'ilb ®c- A# /4' $i2v aed:✓Gs, Ali> 2 Phone #: Phone #: cP/O - 82.3' 4 Subscrri• =d and Sworn t• -fore me j���o this dayot :d ,.1L ____ by 6 II !, N la r / itt f ►,i Notary Public, MO My commission e • Ires NANMESONESIFOrTS NOTARY PUBLIC M N s � D My Commission Expires al° Alternative Dispute Resolution Program, Main Courthouse, 205 North Dixie Hwy., West Palm Beach, FL 33401 return receipt requested. The Oblige must then file the returned certified mail receipt with the Clerk of Court. Information concerning the Notice to Payor and the form can be obtained from the Clerk's Self Help Referral Center. THE OBLIGOR IS PAID BY THE FOLLOWING ENTITY: COMPANY NAME: UNITED STATES ARMY ADDRESS : WALTER REED NATIONAL MILITARY MEDICAL CENTER PHONE NUMBER: 301 - 319 -2546 8. OTHER: The parties have been informed that either of them must file a Motion to Notice for Trial with the Clerk of Court in order to proceed to a Final Hearing. _ ate: Jiatuatx 24,21)1 _ - - - - - ' etitioner / Wife / Mother Respondent / Husband / Father Address :$ A Crosc/ ( CIYC (Q Address: e ibjYhY) bthein , (FC 33 Phone #:(g.127) 2 7( - Lf3g5 Phone #: ! 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