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Agenda 08-13-13 'tom BOYNTO BEAC CRA CRA Board Meeting Tuesday, August 13, 2013 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA I. Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Expansion of the Boynton Beach Haunted Pirate Fest with the Mermaid Splash VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, July 9, 2013 B. Approval of Period Ended July 31, 2013 Financial Report C. Monthly Purchase Orders D. Approval of Rent Reimbursement Grant to Pugh Pools, LLC E. Approval of Commercial Construction Project Incentive Program to Global Projec Boynton Beach SW, LLC (Sherwin Williams) IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Quarterly Report from Interior Build -Out Grant Recipient Stage Lett Theatre XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Approval of Issuance of Request For Proposal and Qualifications tor Legal Service, for the CRA B. Consideration of Terminating the Request for Qualification for Professional Sen. ices XIV. New Business: A. Consideration of Planning and Dexelopment Board's C ondition of Approv al for I Fv t3 Additional Handicap Parking Spaces for CRA "s Public Parking Lot at NIL 1 st Street and Is( AN B. Request for First Amendment to Direct Incentiv c Funding Agreements. Phase I and 11 tin Seahourn Co\ e to Correct an Errol C. Consideration of Request by Hary e} Oyer. 111 to acquire a Portion oI ( RA Property located in the NE 4` Ave Block in the Heart of Bovnton D. Consideration of Request b\ Valric Brown Mclntosh to acquire a Portion of RA P operiv n the NE 4 111 '5 1h Av e Block in the Heart of Bovntor E. Consideration of Amending the DeA clopment Agreement between the (`R A and H F RSPB( CI f. Inc for Ocean Breeze West F. Request by Former Board Member Stev en Holzman for Reimbursement of Legal i ee in Connection with the Bright N Boynton Beach ('R A Cau. XV. Executive Director's Report: A. Project Status Update XVI. Future Agenda Items: A. RFP for General Contracting Services for Parking Lot Project located at NE 1st Street and NE 1st Avenue (Sept. ) B. RFP for General Contracting Services for the Boynton Harbor Marina Phase II Project (Sept.) C. Consideration of Executive Directors Annual Employment Review (Sept.) XVII. Adjournment NOTICE IF A PERSON DECIDES I0 APPF AL ANY DECISION MADE BY 111E CRA BOARD Wi FIl RI SPEC] TO A \\ MATTER CONSIDERED Al THIS MFE FIND, HE SIZE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR St CII PL RPOSE, HE /SHE MAY NI-ED 10 ENSURE TH AT A N ERBATIM RECORD 01 THE PROCEEDING IS \IADI , WHICII RECORD INCLUDES THE I FSTIMO \Y AND E\ IDENC E UPON N HICH l HE APPEAL IS TO BL BASED (F S 286 0105) 1HE CRA SHAI L FURNISH APPROPRIATE M KILIARY AIDS AND SERA ICES INHERE NECFSSARA 10 AFFORD AN INDIA IDE Al A 1771 A DIS ABILl1 \ AN I-QLJAL OPPORTUN ITN TO PARTICIPATE IN AND ENJOY TIIL BENEFITS OF A SERA ICE, PROGRAM, OR ACTTV I11 CONDI CTED BN THE C11\ PLEASE CON IAC1 1HE CRA AT (561) 737 - 3256 A I LEAST 1 WI NTY -FOUR HOURS PRIOR TO 1111 ML FTFvG PROGRAM OR ACTIN I11 IN ORDER FOR I HE CRA 10 REASON \BL\ ACCOMMODATE Y01 R RI-Qt ES1 ,,:::. BOYNTO? 1 CRA =BEACH CRA BOARD MEETING OF: August 13, 2013 I Consent Agenda 1 1 Old Business New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Announce the expansion of the Boynton Beach Haunted Pirate Fest with the Mermaid Splash SUMMARY: The 2013 Pirate Fest will expand to include an evening event; Mermaid Splash with activities to give exposure to the restaurants and merchants on Ocean Avenue. This is how it will work: • Pirate Fest on Saturday, October 26, 2013 - 10:OOam — 5 the activities will include: Pirate Re- enactments, Street Performers, Acrobats, Comedy, Children's shows, Children's Treasure Hunt., Jack Sparrow, the interactive pirate ship Avenger, Live Music, Sword Fights, Magic show, Fairies, Pirate Stunt Show, Jugglers, Pirate Bounce-n-Shde and a Rock Climbing Wall...located in the 100 block of E Ocean Avenue. • Mermaid Splash on Saturday, October 26, 2013 from 5:OOpm — 10:OOpm, will start with a parade from the Ocean Avenue Amphitheatre to the Marina. The activities will include: Live Music, Live Mermaids in a tank, the Black Sparrow Pirate Ship at the Manna, Local Restaurant Vendors, Mermaid Pageant and Art vendors. Locations at Dewey Park, Ocean Plaza and the Boynton Harbor Marina. • Pirate Fest continues on Sunday, October 27, 2013 from 10:OOam — 5:OOpm. The two day FREE event features three stages that will have continuous entertainment as listed above. The Schoolhouse Children's Museum will sponsor a Haunted House with a $5.00 fee to support the museum. Food and drinks will be available for purchase. Ample free parking is available. FISCAL IMPACT: CRA budget line item 02 -58500 -480 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Information Only i 1 i Kathy Biscuiti, S I ecial Events Director 164 .' . -"*".. l^ c s i r I - s. #. s i � -= - . 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C ' r"-, .., II& r .4) , : fk _ .: 7 1� , i.,� v CO e. �m ..... Q MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING, HELD ON TUESDAY, JULY 9, 2013, AT 6:30 PM IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FL PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director James "Buck" Buchanan David Tolces, Board Counsel Joe Casello Michael Fitzpatrick Mark Karageorge David Merker ABSENT: Woodrow Hay, Vice Chair L Call to Order Chair Taylor called the meeting to order at 6:32 p.m. II. Invocation and Pledge to the Flag Mr. Karageorge gave the invocation and led the Pledge of Allegiance to the Flag. 111. Roll Call Roll call was taken. A quorum was present. IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Mr. Merker moved to approve the agenda. Mr. Karageorge seconded the motion that unanimously passed 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 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 Mr. Buchanan had no disclosures or comments to make Mr. Casello commented the fireworks at Intracoastal Park were spectacular He was very impressed Mr. Merker agreed with Mr Casello and commented the event was exciting and [t brought people together, Mr. Fitzpatrick disclosed he spoke with Jim Knight, Rebecca Shelton, Dave Camalier and Jim Williams. Mr. Karageorge had no disclosures or comments to make. Chair Taylor agreed the fireworks were great and there was a great turnout B informational Announcements Ms. Brooks announced there would be a Closed -Door, Executive Session for the Bright versus CRA case held on Monday, July 22, 2013, at 6'15 p.m, in the Library Program Room, following the City Budget Meeting VII. Announcements & Awards A 2012 -2013 Home Innovation NGBS Green Partners of Excellence Award Mike Luzier, President and CEO of Home Innovation Research Labs, was preserii to recognize the Community Redevelopment Agency as one of their 2012 -2013 Horne Innovation NGBS Green Partners of Excellence for the Seabourn Cove development Mr. Luzier advised he visited Boynton Beach about a year ago when opening the Seabourn Cove development and what was done in the community was Fiationaik significant and deserving of recognition The organization offers a Green Building Certification program. The program was voluntary, above Code program having the most stringent standards in the world, with the most rigorous certification program protocol. Since the program was launched, over 40,000 homes were certified. He was in Boynton Beach for the Seabourn Cove project which was notable because it was the largest gold level multi- family project certified The homes are incredibly high - performing homes as it pertains to energy, water efficiency, sustainability for land use, appropriate site design, and access to public 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 2013 transportation, all of which are important. The Agency played a critical role as the project would not have been possible without the support of the CRA. At the end of each year, they reflect on their business partners and clients to see who did something significant to advance interest in sustainable development, contribute to the community and promote the growth of the National Building Green Standard in the Green Building Certification Program. Mr. Luzier explained this year, in addition to recognizing significant actions of the Board, they will also recognize the Governor of Delaware, the Mayor of Albuquerque, and two legislators from Maryland. He thanked the Board for its support of the program and their leadership. Such projects require vision, discipline and a can-do attitude. It is also a partnership between the government and the private sector with a vision for the kinds of communities they want to live in. He presented the award. Chair Taylor thanked him for the recognition and explained the Board is proud of the leadership they took with the developer who did an outstanding job and mostly to staff for their efforts on green issues. The project could not have happened without them. Mr. Karageorge recognized Mack McCray, who was present and on the Board when the project was approved. Now that Phase II was starting, those units would be certified as well. He echoed Chair Taylor's sentiments. This was the CRA and the City and all departments working with the developer to bring the project to fruition. The CRA helped financially, but he thanked him for the recognition. When considering all the competition for the award, this was a major recognition as there were thousands of communities nationwide. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, June 11, 2013 B. Approval of Period Ended June 30, 2013 Financial Report C. Monthly Purchase Orders D. Approval of Rent Reimbursement Grant to Deck & Drive, Inc. E. Approval of Rent Reimbursement Grant to Broadstone Real Estate, LLC F. Approval of Rent Reimbursement Grant to Steven R. Braten, P.A. Motion Mr. Karageorge moved to approve the agenda. Mr. Fitzpatrick seconded the motion that unanimously passed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 2013 VIII. Pulled Consent Agenda Items: None X. Information Only: A Public Comment Log B. Special Events Recap C. Grant Award for Heritage Trail and Interactive Online Map Mr. Karageorge expressed he was pleased with receiving the award for the Heritage Trail. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Dr. Piotr Blass, 113 West Tara Lake Drive, was proud the City received the Award He contacted a student at one of the schools he taught at the University 0 Pennsylvania, and hoped his City, Annapolis, would be a Sister City to Boynton Beach As to the University of Boynton, he thought there was now a situation that nothing would happen with the Old High School. He believed there would be a University of Boynton there or a museum, the Historical Society, or whatever was wanted. He clarified the University is universality. He was delighted the City would keep the building and the land. He thought perhaps the Community Redevelopment Agency could spend some funds to repair it, There being no further comments, Public Comments was closed. XII. Public Hearing: None XIII. Old Business: A Consideration of Timeline Revision to the RFQ for Professional Services Ms. Brooks explained staff was requesting this item be moved to the August neetinq. Staff received 42 responses to the RFQ and it was difficult to gel through ail 0t then - She requested the Board extend the timeline to August Chair Taylor requested a motion to move the shortiist to August 13. 2013, ano contracz approval by the CRA Board on September 10 2013 Motion Mr. Buchanan so moved Mr. Karageorge seconded the rnotion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL. July 9, 2013 B. Consideration of Responses to RFP for Insurance Brokerage Services Susan Harris, Finance Director, expressed she was happy with the seven responses staff received to the RFP. Staff was looking at four firms that specifically had municipal experience. Staff preferred a local firm, if possible, and one that could provide the scope of service the CRA needed. Ms. Brooks, Mr. Simon, and Ms. Harris comprised the evaluation committee, and the top firm listed in the agenda item were the Plastridge firm from Delray Beach. They have over 90 years in business and Peter Arts would be the lead for the account and is a municipal risk specialist. Mr. Arts' clients are the City of Delray Beach, Boynton Beach, the Riviera Beach CRA, the Lauderhill CRA, the Village of Palm Springs, Town of Lake Clark Shores and the Lauderhill Housing Authority. Mr. Arts is also involved in his community. He served as a Commissioner on the Delray Beach CRA as its Vice Chair. Mr. Arts was present to answer questions and his references and client list were impressive. Ms. Harris particularly liked that he has resolution diversity. He named a specific issue the municipality had and how the agency worked to resolve it. The Scope of Services was thorough and addressed key concerns, particularly the rise in the cost of Employment Practices and Public Officers Liability insurance. They would work hard to obtain a lower rate. Their fee is commission based; they would get a 6% fee if done through the Florida League of Cities, and 9% if the Agency had to go to other carriers for their insurance. Staff recommended the Board approve the Plastridge Agency as the Broker of Record for their insurance with an initial contract term of two years and two additional two -year terms and staff negotiate a contract to be signed within the next 30 days. If not successfully negotiated, staff would negotiate with the number two ranked firm which was Arthur J. Gallagher who does business with the City of Boynton Beach. Motion Mr. Merker so moved. Mr. Buchanan seconded the motion. Mr. Casello inquired about the ranking system. Ms. Harris explained behind the summary sheet and listed in the RFP was a ranking for specific items. One criterion was the firm had to have Florida licenses and sign the required forms in the RFP as contained in the meeting backup. The firms were ranked on location and personnel qualifications, the firm overview, the type of business they do, litigation pending against them, how they address that, how they would meet the CRA's needs and if they use any co- brokers. Staff required at least five references and wanted municipal experience. The financial strength of the firm and servicing of the account, if they have a local office, if they were members of the appropriate service associations, and proposed annual fee were all considerations. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 2013 Staff received a mix of firms who would be commission based and also firms that charged a flat fee. Ms. Harris spoke to the City's Finance Director and Risk Management, and the City used both based on what Mr. Magazine negotiated with the State. Chair Taylor was familiar with the Agency through the Chamber of Commerce Mr. Karageorge thought Plastridge Insurance was a first -class agency with professionals and years of experience. He liked that Mr. Arts sees both sides of the issues and he endorsed the firm Vote The motion unanimously passed. C. Discussion of the 222 North Federal Highway RFP and the One Boynton LLC Project Ms. Brooks explained this project was moving slowly, but there were issues to resolve She had a meeting with Rebecca Shelton, representing the property owner and Jim Knight, representing the law firm, and they reached a tentative agreement to expedite the project. Under the agreement, the CRA would purchase or swap some of its land for some of One Boynton's land in order to create a sufficient development parcel for the law firm on the corner of Boynton Beach Boulevard and Federal Highway. The parcels Mr. Camalier was interested in were the Oscar Magnuson House on 211 East Ocean Avenue and the Little House. This would make his investment in the and he has whole. The parcel at 222 North Federal and the land from him would be sufficient to construct the project for Kanner & Pintaluga. Ms. Brooks reiterateo this was tentatively agreed c= as of today and it had to be presented to Mr Camelief Ms Brooks proposed to give Mr. Camalier two weeks to come back and agree to terms, followed by obtaining the Board's approval. Ms. Brooks thought it was a win -win situation Jobs in a brand new office building that was highly visible at a critical main, intersection: would kicK of mo!r- interest in downtown Boynton Beach. The parcels, no longer owned by the CRA. being owned by the private sector would put them on the tax rolls. Staff could include in the agreement that Mr. Camalier will have to develop the Oscar Magnuson house into something useful, but it will go on the tax rolls. She thought it could be mutually satisfying to all parties if they could work out the details Chair Taylor agreed this could kick start the downtown. Mr. Merker agreed this is a positive sign and big asset for the City. He wished the parties well to move forward in a positive way 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 2013 Mr. Casello inquired about the definition of sufficient. Ms. Brooks explained staff had to determine a site plan that would work for Kanner and Pintalugo and determine how much would be needed from Mr. Camalier. Based on the conversation earlier in the day, she thought they would not need much from him and he would be okay with those two properties. The matter was still in negotiation. Mr. Camalier wanted the land swap, but the Board had to approve it. Chair Taylor also commented the private sector was also working with the CRA to develop Ocean Avenue. Mr. Karageorge thought the land swap was a good idea. He liked 211 East Ocean Avenue being on the tax roles and would like to see a timetable for its development. He had questions how this would affect the Little House as they are now on rent collection. Ms. Brooks explained there is a lease and the lease would be honored. This was a positive step. He also had questions about how the site plan would be modified. He was excited but also cautious. Mr. Buchanan acknowledged the Little House would continue under the lease, and he inquired if the Oscar Magnuson House had a new owner, whether it would be developed with the same vision or torn down. Ms. Brooks responded it was designated as locally historic, but it was not protected from demolition. if the Board wanted protection, they could indicate they wanted it to be moved and preserved by adding a clause to the contract. Staff could find a site for it, and it would be easy to move. She noted it was the oldest structure in Boynton. Chair Taylor thought those details could be addressed later in the process. Mr. Fitzpatrick commented he met with Rebecca Shelton and Mr. Camalier at 2:30 p.m., and there was some minor discussion hinting of the proposal, so it is a positive step. He had ideas on site plans which he had copies of and which were distributed. He was still interested in having a three -story parking garage as a plaza base and he was happy the project was moving forward. The members could review the plans at their leisure. XIV. New Business: None XV. Executive Director's Report: A. Project Status Update Mr. Karageorge inquired if building at the Marina was on schedule. Ms. Brooks responded they were holding off a bit due to the Pirate Fest. They did not want to be under construction during the event because this year, the Pirate Fest would be going all the way to the Marina to benefit Ocean Plaza and the Marina businesses. They were slightly delaying going out to RFP for the construction, but they have the permit or were close to obtaining it. instead of July 2014, the building could be constructed in October 2014. Mr. Karageorge thought this was great news. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 9, 2013 XVI. Future Agenda Items: A. RFP for Legal Services XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 7:03 P.m Catherine Cherry Minutes Specialist 071013 8 BOYNTON cA = CRA BOARD MEETING OF: August 13, 2013 X Consent Agenda I Old Business New Business Public Hearing 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending July 31, 2013. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve July financials. .. fi g Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meeting&Aug 2013 \Financial Report docx U" N V' 0 0 0 0 14 10 a) cc N h to N CO N O En co 0 0 0 r- II H .?., l In N 0 0 0 CO 1 1 0 0 f V' CO at en 01 ' 0 40 0 01 0 0 O 11 '- 51 W H II ' II 0 0 z 0 N 0 0 0 .t' II 10 In m m CO 01 to to cn 0 M 4 'n 0 0 C I H .11 0 (., ( .- M "4 tr H 0 0 0 ■ P O m N 01 0 .00Z/V0 0 V' 1000-0 10 C' 0) h 0 W H II 0 O Cl H 01 O N O N 0 m H-i O h M h 0O o O h CO C0 0 00 0 40 II W m CO 10 N O N 40 0 01 0 V' h V' N 0 0 0 V' 0 H O M II H. 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H N N N a w 0 r ) U) 0z w GI � 7 4 W F j 0 co co co H , 0 H H 0 z U) H H H [a7 ko n o f I w ' H I 1 F H O a 1 N N 1 N W a 0 O i O Cu a 0 er N W W El H � on Ot�H II o as W i u N ✓ II r W Q r rn P4 W o Vr W 0 O N o N 01 1 1-4 Z o 1 a N 1 1-1 l0 Co Oi 01 W Q GG r r F a) rn rn E. d' 'V 0 0 0 z W ✓ l 1h W N I OA E. E qU N1 rn H 1 a I '-1 E N 1 1 1n r I I U .- m II � 1I O GO n1 x 0, m ° l N 1 ( H H rn 1 in H Z U N 11 in 04 In 11 W II O W co Pi 0 al I 0 DI co o 4 p W W - I Z m I 1n 111 M 11 Z W I N GO cr cut 0 m I 1 co j E Q H 10 pW 1 W E H W µ W 2 W qz 10 co W P O 0 H 1 W 01 H d E 2 E W O o a z A i a g w W� t'' I M z r O A O 0 , „ ,:, BOYNTO em, =BEACH CRA CRA BOARD MEETING OF: August 13, 2013 X i Consent Agenda 1 Old Business 1 1 New Business 1 i Public Hearing i i Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for July 2013. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. 7 Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 20131Purchases Less Than $25,000 docx L--- Boynton Beach CRA _ ___ ____._ Purchase Order Report Month: July 2013 __. Vendor I Amount I Funding Sourcel Description NONE f ;.. ; .4 _._, _, +__ t 1 t— a T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda item Request Forms by Meeting \FY 2012 - 2013 Board Meetings \Aug 2013 \Monthly Purchase Order Report OP' BOYNTON =BEA H CRA BOARD MEETING OF: August 13, 2013 X Consent Agenda Old Business New Business Legal Other SUBJECT: Approval of Commercial Rent Reimbursement Grant to Pugh Pools, LLC SUMMARY: The Commercial Rent Reimbursement Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi -year lease. Pugh Pools, LLC entered into a Lease on January 1, 2013 as a pool service company located at 313 N. Railroad Avenue, Boynton Beach, FL 33435. Pugh Pools, LLC falls under the terms of a Tier 3 business (as outlined in the grant application). If approved, the applicant is entitled to a maximum of $400.00 per month for a 12 month period. The maximum total reimbursement per business is $4,800.00. The applicant meets the eligibility requirements under program guidelines. The Rent Reimbursement Grant is reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02- 58400- 440/444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Rent Reimbursement Grant for Pugh Pools, LLC not to exceed $4,800.00. C id /A9V 6 i / ' / ' G - Michael Simon Development Director J. , _ . v i . r di i , , Li « R( ' �7 L . , , . .. , ., . . ,‘ . $ , . ., . ,,, , o • j c A • a.". - r0 ,1 jle� ' ...J f fixx At d c liiitiiiigig , 7 L : .. . fliorti 4 t. ,_ •• i ' Was, _ .. . , • , `11 it,...... . k", , i o 44 01., , . . it ..,: .40.„ 0 ', If' ' '' ' . ' lip, Pit 4 PO e� ,, , .... .„ , ,.., , .., , , .. ,. i at kl 4 i („, ii,, ...,, y r . f . � : — , ,,,.._..... ,s { 1-.).1 4 , , _ r - Arhoo.0 ilio 44 M lirr v i 1 C ♦ i! a �' y y ' - r .... ,,ip.,4), i. L. o. __ .. _. —. i r.. ' r "�! .. , I , _. , 1 ,,,,,, ,... , ‘4, 1 4 , tSsf:.1 - II „....,:...,... ,,,._ .. .„,...., ..... r li Y Y :r ' v v Y , ...3y +� . mss: , .. w } P. k 'r x k r ! ' :41';,' i gn z h ?i � i t " fa � fpA rle,8 , F P $ .. T . PUGH'S POOLS AND SPAS, INC. eoffci; ,h,pools.com 561.644.8792 FL Lid/ CPCO56970 06.25.13 To Whom It May Concern: My name is Geoffrey A. Pugh and I am the owner of Pugh's Pools and Spas. My family moved to Boynton Beach in 1964 to open and operate a swimming pool service company. As a young boy I helped my father during the summer cleaning pools. As an adult I have been in the pool business for over 32 years as owner of my own companies. Six years ago I sold my first pool company that had 48 trucks on the road with a total staff of 54 employees. I again started another pool company shortly thereafter and now employ 15 employees with 10 trucks on the road. You might say that I moved back to my roots when I moved my company back to Boynton Beach. My goal is to build this business larger than that of the previous business. If you should have any questions, please give me a call. Sincerely, Geoff Pugh PUGH'S POOLS AND SPAS, INC. Geol W pu211Sp0O1 : .COm 561.644.8792 FL Lic# CPCO56970 06.26.13 To whom it may concern: Pugh's Pools pay ranges from Office staff $ 28,800.00 annually Service Technician $ 24,000.00 annually Repair Technician $ 36,000.00 annually Manager $ 52,000.00 annually We currently have 2 office staff, 8 service technicians, 3 repair technicians and 2 managers. If you should have any further questions please feel free to give us a call. Thank you, Geoff Pugh PUGH POOLS, LLC" 313 N. Railroad Ave Boynton Beach, FI_, 33425 561- 644 -8792 FL Lic# CPCO56970 Pugh Pools Job Description Swimming Pool & Spa Service Tech 1 Add necessary chemicals needed to balance pool water are included. Chlorine, Acid, Bi -carb, and Calcium. 2 TEST POOL WATER 3 CHLORINATE POOL 4 ADJUST POOL Ph 5 BALANCE TOTAL ALKALINITY 6. VACUUM AND BRUSH P001 7 CLEAN TILE 8 SKIM P001. SURFACE 9 CLEAN FILTER (AS REQUIRED) 10 KEEP EQUIPMFNI ARI A CLEAN 11 FILI. OUT HEALTH DFPARTMFNT REPORTS PER 11 R REQUIREMENTS 12 INFORM CUSTOMER O'' All NI.CLSSARY REPAIRS 0.0 Box 40 Boynton Beach. 1=I, ;3425 561- 644 -8792 fax 561 - 540 -608s Email i,inda(i pughspools con. RECEIVED JUN t 8 2013 October 1, 2012 — September 30, 2013 Boynton Beach Community Redevelopment Age4TOht 011\01 Commercial Rent Reimbursement Program Rules and Requirements SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the “CRA") district. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation in order to effectively promote new businesses within the CRA thereby remedying and preventing conditions which lead to slum and blight. 1. Program The Commercial Rent Reimbursement Program offers financial assistance in the form of quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. The Commercial Rent Reimbursement Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. II. Ellaibility Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Employ a minimum of two (2) full time employees. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage. 2. Must be Located within the target areas of the CRA District (see attached maps). 3. Must provide proof that the business is properly licensed by all necessary levels of govemment and professional associations or agencies. (Copies of City & C . r ty licenses or receipts that the licenses have been applied for.) /de ntals Page 1 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyn.onb RR- FY2012 -2013 4 A new business is defined as a company in operation for less than six months relocating to Boynton Beach 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must have a proposed or executed multi -year lease (two year minimum) III. Ineligible Businesses & Conditions Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the (a) grant recipient is not listed as the registered agent owner, officer or director of said business and (b) lists its place of business as the leased Premises of Os grapt recipient and (c) has obtained a business tax license from the City of Boynton Beach for the grant recipient's leased premises or any part thereof. The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Program: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits « Tattoo Shops /Body Piercing /Body Art Shops • Financial Services (banking 8, check cashing stores) • Take -Out Foods • Adult Entertainment « Liquor Stores IV. Grant Terms and Conditions This grant is divided into three tiers. Each tier consists or different types of businesses that are eligible and the amount of funding available to the business based on the location of the business. Init ials Page 2 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonb..achcra.com RR- FY2012 -2013 Tier One Businesses Tier One businesses are eligible for up to half of the business's monthly rent or $600 per month, whichever is less. (Maximum amount of the grant is $7,200.) Tier One businesses must be on the ground floor and located on: • Ocean Avenue: between Seacrest Boulevard and the west side of the Intracoastal Waterway • Boynton Beach Boulevard: between 1 -95 and Federal Highway • Federal Highway: between NE 7 Avenue and SE 2 Avenue Tier One businesses must be one of the following types of businesses: • Restaurant • Gourmet Food Market • Bakery • Clothing Boutique - clothing, shoes & accessories • Home Decor /Design - home furnishings, art galleries, kitchen wares • Specialty Businesses - stationery, gifts, sporting goods, personal care - Pilates /yoga studios, fitness centers and salons Only Tier One businesses are eligible for the Interior Build -Out and Rent Reimbursement Grants. Tier Two Businesses Tier Two businesses are eligible for up to half of the business's monthly rent or $500 per month, whichever is less. (Maximum amount of the grant is $6,000.) Tier Two businesses may only apply for one Economic Development (Interior Build -Out or Rent Reimbursement). Tier Two businesses can be located anywhere within the CRA District. Tier Two businesses can consist of the businesses listed in Tier One and the following types of businesses: • Medical Offices • Law Offices • Real Estate Offices • Insurance Offices • Accounting Offices • Marketing Offices Rituals Page 3 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 •vv. b gvntonbvachcra.com RR- FY2012 -2013 Tier Three Businesses Tier Three businesses are eligible for up to half of the business's monthly rent or $400 per month, whichever is Tess. (Maximum amount of the grant is $4,800.) Tier Three businesses may only apply for one Economic Development (interior Build -Out or Rent Reimbursement) Tier Three businesses can be located anywhere within the CRA District and can consist of any other eligible business not listed in Tier One or Tier Two listed above. Lease Terms Applicant must be a tenant and have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information' • A description of the space being rented including square footage and a drawing of the space • Description of utilities that are the tenant's responsibility. • Rental rate and deposits along with terms of lease and methodology to, future rent increases. • Responsible party for interior and exterior repairs and /or improvements • Insurance requirements. • Ability to terminate. • Consequences of default on the lease Rent reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business in open for operation The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the paymem has been cleared by the bank The responsibility for all rental payments is between the contracted parties to Trw lease, as such the tenant and the landlord As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time nor penalties incurred for the late arrival o payments by any party The Commercial Rent Reimbursement program may or be used one time by any one specific business entity or business owner The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future payments. lnehais Page 4 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 141,A4 .bovrnonb...chu s..cora. RR- FY2012 -2013 V. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principallowners of the business. Make check payable to: Boynton Beach CRA 2. Completed and signed application. 3. Completed and signed Authorization to Perform Credit Check for the business and each principal/owner of the business (forms attached to the application -- multiple forms may be needed for principal/owners of the business). 4.; W9 Form (attached to grant application). 5. Copy of City and County business licenses. 6. Resume for each principal/owner of the business. Copy of the corporate documents for the applying business entity. 8. Copy of executed or proposed multi -year commercial lease agreement. 4 6‘.. Two (2) years of corporate tax returns (for existing businesses only). ' 10. Two (2) years of personal tax returns for the principals /owners of a new business. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. * tals Page 5 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.bovnionbi achcra.com RR-FY2012-2013 c VI. Procedures for Reimbursement Quarterly Rent Reimbursement Payments Rent reimbursement payments will be provided to the grant recipient on a quarterly basis beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CRA with proof of employee wage reporting for four (4) consecutive quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January - z April 1, July 1, and October 1 following the Initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: Written request for reimbursement 2. Proof of rent payment (i.e., copies of the front & back of cancelled rent checks for that quarter's reimbursement or proof of direct deposit). 3. For W-2 eligible employees, Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. If applicant does not submit its quarterly reimbursement request with a copv of its quarterly UCT-6 form within thirty (341 days following the end of the quarter in which applicant is reauestina reimbursement applicant forfeits that quarter's reimbursement Site Visits CRA staff will conduct a site visit before reimbursement payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement Page 6 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wv, w.boyntonbachcra..com RR- FY2012 -2013 Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application .w 4' f 1,7, Inmais Page 7 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wv. w.boyntonb.;achrra.com RR- FY2012 -2013 October 1, 2012 -- September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) BUSINESS INFORMATION: Business Name (D /B /A if applicable) t U5 . .. t'C7t tS , L L , Current Business Address: ...� f _At kadroael 14 Fed ID# - 2 A l76 yt _ _ Phone: JUi /- (`// /- 81 Fax. / Website: ? S t ( Existing Business: Yes V No _ Number of years existence New Business to Boynton Beach Yes ✓ No Time at Current Location. ,UO Do you have an executed lease agreement Yes_ V F No If so, monthly rent ' 5 , I �SU t Ct New Business Address (must be within CRA District) `-� 1�.` �►21 v� , Square footage of existing location Square footage of new location 13, 4 / 1 0 Type of Business. Oil / t-4 604A A pa —_ - --- - t Hours - t.0 tr� Number of Employees �ouru of Operation � -�� • � 0 Page 8 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 ww w.bo;'ntonb4schcra.com RR- FY2012 -2013 PRINCIPAUOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used.) 1. Principal/Owner Name: Geo4 Date of Birth: Current Address: IMIUMMEMLIffiar1MMMSTA" Email: =MEW / . _ Phone #: T1l2ZJ PZfirP� 2. Principal/Owner Name: Date of Birth: Current Address: Email: Phone #: 3. Principal /Owner Name: Date of Birth: Current Address: Email: Phone #: 4. Principal /Owner Name: Date of Birth: Current Address: Email: Phone #: LANDLORD INFORMATION: Landlord Name: /4 i n :yr, »q ' LfQ r4S / /,.� 5-) �r� _ e-4 ., LandloAI 's Mailing Address: /23 AJ. Cah, -p cs 4d,1_ 8 71(2.,,,. ( �� 334 4, Landlord Phone #: See/ - 'J JC yr) Are you applying for grant assistance under any other program offered by the CRA (Tier One Businesses only): Yes No If yes, what additional programs are you applying for Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any additional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information famished in support of the application, is given for the purpose of obtaining a grant er Imda(s Page9ofl2 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 www.lvvntonboarhcra.com RR- FY2012 -2013 the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program, and it is true and complete to the best of the applicant(s) knowledge and belief, The applicants, further certifies that he /she is aware of the fact that he /she can be penalized by fine and /or imprisonment for making false statements or presenting false information I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue rent reimbursement payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application Prin ' I/ is ignature Date Printed Name Title Principal /Owner's Signature Date Printed Name Title Principal /Owner's Signature Date Printed Name Title Principal /Owner's Signature Date _ Printed Name Title Page 10 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 WV: w.boyntonbzachcra.cote RR- FY2012 -2013 Notary as to Principal /Owner's Signatures. Multiple notary pages may be used if signing individually. STATE OF r COUNTY OF A /IA-- BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is /are personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this A 7 day of , 2D13. `'� Wit LINDA MUSTIN NOTARY PUBLIC \•� ;) MY COMMISSION #FF026924 My Commission Expires: ''t EXPIRES June 12. 2017 (407) 398 - 0153 FlonJ.NotarySorvlco.com Page 11 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbcachcra.com RR- FY2012 2013 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application "t V hS Landlord's Signature Date S� Cv cvt tA), /` k� Prrlt Printed Name Title Landlord's Signature Date Printed Name Title STATE OF -P /4 /'h COUNTY OF 39,, I /I�-GA,.4 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is /are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed IN WITNESS OF THE FOREGOING, l have set hand and official seal In the State and County aforesaid on this 3 7 day of wvtsz - , 20 / _Z, ,�'''; *� LINDA MUSTIN NOTARY PUBLIC •E MY COMMISSION #FF026924 My Commission Expires: ; �" EXPIRES June 12. 2017 J9 ) 5!1.01 E0 PIarldeNotarySorvice.com Page 12 of 12 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyniolibeachera.com RR- FY2012 -2013 Detail by Entity Name Page 1 of 2 1 ,Ik, ". 1,.>' k.V N. ( " 1) Detail by Entity Name Florida Profit Corporation PUGH'S POOLS & SPAS. INC. Filing Information Document Number P05000162322 FEIIEIN Number 203946967 Date Filed 12/13/2005 State FL Status ACTIVE Principal Address 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Mailing Address 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Registered Agent Name & Address MICHAEL J MCGOEY CPA INC 639 EAST OCEAN AVE SUITE 101 BOYNTON BEACH, FL 33435 Officer /Director Detail Name & Address Title PD PUGH, GEOFFREY A 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Annual Reports Report Year Filed Date 2011 04/27/2011 2012 01/12/2012 2013 04/24/2013 Document Imaaes Detail by Entity Name Page J4/24/20'; s, t-EPOf-t View image in PDF format J1/12/2014 - ANNUAL REPOli I View image in PDF fomiat 04/27/2011 ANNUAL REPORT View Image In PDF format 04/03/2010 -- ANNUAL REPORT \ACIVI image In PDF format 04/29/2009 -- ANNUAL REPORT View image in PDF format 34/22/2008 ANNUAL REPORT View image in PDF format 04/26/2007 ANNUAL REPOR View image in PDF format J7/12/2006 -- ANNUAL REPORT View image in PDF format 12/13/2005 -- Domestic Proth View image in PDF format not nc adjia PO IcJ State 0 Florida, Department of State 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P05000162322 Apr 24, 2013 Entity Name: PUGH'S POOLS & SPAS, INC. Secretary of State Current Principal Place of Business: 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Current Mailing Address: 35 HARBOUR DR N OCEAN RIDGE, FL 33435 FEI Number. 204946967 Certificate of Status Desired: No Name and Address of Current Registered Agent: MICHAEL J MCGOEY CPA INC 639 EAST OCEAN AVE SUITE 101 BOYNTON BEACH, FL 33435 US The above named entity submits Mk statement for the purpose of changing its regfate,ed office or registered agent, or both, In the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Data Officer /Director Detail Detail : Title PD Name PUGH, GEOFFREY A Address 35 HARBOUR DR N City-State-Zip: OCEAN RIDGE FL 33435 'hereby certify that the i nonnafkn indicated an tie report oraupp/emonta! report la hue and accurate and that my elecburec signature shall have the acme loge/ effect es tirade under oath, that! am an officer or drracfor of the corporation or the reserver or hoarse empo: Brad b execute tfda report as required by Chapter 607, Florida Statutaq end pat my name appears above, or on an attachment with all other Arne empowered. SIGNATURE: PUGH , GEOFFREY P 04/24/2013 Electronic Signature of Signing Officer/Director Detail Date Detail by Entity Name Page °* Detail by Entity Name Florida Limited Liability Company PUGH POOLS LLC Filing Information Document Number L13000051257 FEI /EIN Number NONE Date Filed 04 /08/2013 State F t Status ACTIVE Effective Date 04/08/2013 Principal Address 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Malting Address 35 HARBOUR DR N OCEAN RIDGE, FL 33435 Registered Agent Name & Address MICHAEL J MCGOEY CPA INC 639 E OCEAN AVE SUITE 101 BOYNTON BEACH, FL 33435 Manaaer/Member Detail Name & Address Title MGRM PUGH. GEOFFREY 35 HARBOUR DR N OCEAN RIDGE FL 33435 Annual Reports No Annual Reports Filed Document Images 04 /081201;' r lorlaa urnitea i✓iabily I View image in PDF format 1 Detail by Entity Name Page 2 of 2 Coo_vrpkt and pr'vacv State of ffonda, Departmeit of State Electronic Articles of Organization F1� � j 2 j Florida Limited Liability Company sec OP a dewis Article I The name of the Limited Liability Company is: PUGH POOLS LI,C Article II The street address of the principal office of the Limited Liability Company is 35 HARBOUR DR N OCEAN RIDGE, F1, 33435 The mailing address of the Limited Liability Company is 35 HARBOUR DR N OCEAN RIDGE, FL. 33435 Article III The purpose for which this Limited Liability Company is organized is, ANY AND ALL LAWFUL BUSINESS, Article IV The name and Florida street address of the registered agent is: MICHAEL J MCGOEY CPA INC 639 E OCEAN AVE SUITE 101 BOYNTON BEACH, FL. 33435 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: MICHAEL J MCGOEY Article V L13000051257 The name and address of managing members/managers are: FILE ADM 08' 2013 Title: MGRM Sec Of tate GEOFFREY PUGH c 35 HARBOUR DR N OCEAN RIDGE, FL. 33435 Article VI The effective date for this Limited Liability Company shall be: 04/08/2013 Signature of member or an authorized representative of a member Electronic Signature: GEOFFREY PUGH I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Depariment of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. ,s(%\ U Jul 24, 2013 12.5950 PM EDT Edd list Commands Help Business nuns: PUGHS POOLS & SPAS INC 13' 0033145541X far, POOLI5Psit OK I Consul ines2 _ . _ _ 44 2013 %, A PM PM -1 File Emi Co m.ner Help IC MOO 4P ' S ___ __ ' Special Notes Display Mep.ity address: 313 N RAILROAD AVE ae Business name: PUGHS POOLS & SPAS INC t WUys OLK5 8 IDIP WET FOR 1131111 08) 1:24/13 BOBS O1N5 B *PP 21 %$119a BI@1 CITmm 1/24113 11088 c3ti(5 8 Piss WILL k - INBP 3 Bann (!D) 3/14:13 8958 039 3 PIPE 218P6GTIt30 sOribrum 7/25/13 1878) 7/22/13 8089 0836 3 RUTLDhI3 PP891[ or Z sil (8T81 7,22,13 8098 07918 3 rims PmmemD 09 IBM (B 1 123/13 Be98 OWN 8119 3 OR 10 P Las= nu a PFIBT (818) 7;23/13 BU O1JIb 8 Aim. NW BALM= POS 9183.49 (9T81 7/23113 1 1= 4 i ti to a ' (secd i Fab EaP COMM d$ *liNiNir R MIK iECTbK VnyIYY Special Notes Display Property address: 1040 W INDUSTRIAL AVE BB eusatess name: PUGIIS POOL$MPA8 NG i Rues OURI PAM 1166.80 15 .30 4 //^4/06 BUSS O MR g ORI'TIM rOR ICY _ G. A1P I! RID 9.26'06 Bib Ot4M0 3 PEbPIN6 ins IP s PAD IIPOptl:) 4r26/06 nes 0110 6 saiis emerwts MAY or EIC3rbE /POC 5:11/06 BUSS 071!9 S mPEP vowing) 5/11/06 BUeb OLISS S JmmlF C1LLBD MADE ACCOUNT I RCTiYE NP 5 ?07109 BUSS OS196 'S Lo11!e 21 CITY 'ME) 5/01/09 E1.7 COICVARCIAL LEASE This Indenture made by and between Millspring Properties, LLC with address at 123 N Congress Ave. #393 Boynton Beach, FL 33426 (hereinafter referred to as "Lessor") and (hereinafter referred to as "Lessee ") I a 106E4 4. Vf /#1( • � SSETH: WHEREAS, Lessee is desirous of leasing from Lessor and Lessor is desirous of leasing to Lessee certain premises hereinafter described, upon the terms, covenants and conditions set forth herein: NOW, THEREFORE, I. DEMISED PREMISES: In consideration of the rents hereinafter reserved and all of the terms, conditions, covenants and agreements hereinafter contained, Lessor hereby leases and demises to Lessee, and Lessee hereby hires, leases and takes from Lessor, approximately 3,400 square feet within the building. excluding a 7' 6" wide portion of the warehouse extending along the north wall from the 321 access door to the North West comer of the 313 warehouse area, hereinafter sometimes referred to as "Demised Premises" located at 313 N. Railroad Ave. Boynton Beach, FL 33435. H. TERM: The term of this lease shall be for a 5 ( tik e) Year Term commencing on Januar) 1. 2013 and ending December 31. 2018. III. USE AND RESTRICTION: Upon the commencement of the term of this Lease, Lessee shall occupy and use the Demised Premises for the business activities associateded with Pugh's Pools and for no other use. IV. RENT: / - f' b ay, The first year rental shall be the sum of $36,000 ((.rind e /A' dollars) which Lessee agrees to pay in lawful money of the United States �8 in equal monthly installments of $3,000 on or before the 1 st day of each month during said term at the office of Lessor or in such other place and to such other person as Lessor may designate without any setoff or deduction whatsoever, except as herein provided. Said rental payment shall be subject to Florida State Sales Tax over the rental figure. Year 1 $3,000 Per Month pis tax AQ 0 Year 2 $3,100 Per Month pls tax Year 3 $3,200 Per Month pis tax Year 4 $3,300 Per Month pis tax Year 5 $3,400 Per Month pls tax - RENTAL INCREASE: The rental payment pursuant to this Lease shall be increased by an additional $1,200 above the preceding yearly rental after the termmation of the first lease year and each year thereafter or according to changes in the Consumer Price Index (hereinafter referred to as the CPI as promulgated by the Bureau of Labor Statistics of the United States Department of Labor), whichever is greater. VI. SUBORDINATION: This Lease and all rights of Lessee hereunder are, and shall be subject to and subordinate the liens of any mortgages, deeds of trust (including blanket mortgages or deeds of trust covering the Demised Premises and/or other properties) or any other security interest which has been or which hereafter may be placed upon the Demised Premises, and to any leases of all or a substantial part of the building or which the Demised Premises are a part, and to any renewals, modifications, consolidations, replacements and extensions hereof I1. A1.'1'ERA LIONS AND REPAIRS: (a) No alterations or additions shall at any time be made by Lessee without Lessor's prior written consent. All improvements or additions are to become property of the Lessor at the expiration of the lease term. All additions or improvements are expressly made subject to the Landlord's lien provision of this Lease and in addition are subject to the acceleration clause with title passing to the Lessor upon Lessee's default. Lessee agrees that Lessor shall not be held responsible for any costs incurred for any improvement of the Demised Premises and further prohibits any claim of lien being filed for collection of costs occasioned by Lessee's improvements, and agrees to indemnify and hold Lessor harmless from any claim arising from said improvements. (b) Lessee covenants that during the term of this Lease it will, at its expense, keep in good order and repair the interior of the leased premises. including the storefront, light bulb and battery replacements. VIII. INDEMNITY' AND LIABILITY INSURANCE: Lessee agrees to and does hereby indemnify and save Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees for the defense thereof, arising from the conduct or management of the business conducted by Lessee in the Demised Premises, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed, pursuant to the terms of this Lease, or from any act or negligence of Lessee, its agents, contractors, servants and employees, in or about the Demised Premises. Lessee will, during the term of this Lease, at its own cost and expense, maintain and provide general liability insurance for the benefit and protection of Lessor and Lessee (said policy to name Lessor as a Co- Insured), in any amount not less than $500,000.00 for injuries to any one person, and not less than $1,000,000.00 for injuries to more than one person and for damage to property in an amount of not less than $50,000.00 arising out of any one accident or occurrence. Said policy shall cover the Demised Premises and other areas of the building used by Lessee. This coverage is to include glass breakage. IX. FIRE DAMAGE: If the Demised Premises shall be partially damaged by fire, the damages shall be repaired by and at the expense of Lessor and the rent until such repairs shall be made shall be apportioned according to the part of the Demised Premises, which is usable, by Lessee. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Lessor and for reasonable delay on account of "labor troubles ", or any other cause beyond Lessor's control. If Lessor shall decide not to restore or not to rebuild the Demised Premises, or if the Demised Premises are totally damaged or are rendered wholly un- tenantable by fires or other cause, or if the building shall be so damaged that Lessor shall decide to demolish it or to rebuild it, then or in any such events, Lessor may, within ninety (90) days after such fire or other cause, give Lessee a notice in writing of time upon the third day after such notice is given, and Lessee shall vacate the Demised Premises and surrender the same to Lessor. X. ASSIGNMENT AND SUBLETTING: Lessee, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Agreement, nor sublet or underlet, nor suffer or permit the Demised Premises or any part thereof to be used by others, without written permission of Lessor. Permission to sublet will not be unreasonably withheld. Xl. UTILITIES AND HVAC: Lessee shall pay separately for electricity, telephone and any Internet connection. With respect to maintenance of the HVAC system serving the flex space unit, Lessee shall be responsible for and shall reimburse Lessor a � R r aw, for minor repairs and replacements necessary to such HVAC system, and not covered under said preventative maintenance contract. Unless such minor repairs and replacements to such HVAC system is due solely to an intentional act or the gross negligence of Lessee, Lessee's potential liability under this Section shall be limited to the extent that the cost of such minor repairs and replacements to such HVAC system does not exceed $300.00 per incident or $1,200.00 in the aggregate per lease year. Lessee's payments to Lessor under this Section shall be made within thirty (30) days after presentation to Lessee of appropriate receipts for the repair and replacement costs incurred by Lessor marked "paid in full' Notwithstanding the foregoing, Lessee's reimbursement responsibility, as provided in this Section, shall not be applicable to any costs incurred by Lessor in performing major repairs to or replacements of such HVAC system. Lessor hereby acknowledges that any such major repair to or replacement of such HVAC system, including, but not limited to, repair and replacement of the compressors and the replacement of the entire HVAC system or any substantial portion thereof, shall be the sole responsibility of Lessor and shall be performed at Lessor's sole cost and expense (unless where due to an intentional act or the gross negligence of Lessee). }III. ABATE NUISANCE: Lessee shall not use the interior and/or exterior of the Demised Premises so as to cause any noise, noxious odors, vibrations, damage or any other disturbance or nuisance whatsoever which may create undue annoyance or hardship to another tenant of the Lessor, and/or to the Lessor and/or to create a hazard or element of waste to the Lessor's property. Lessee agrees that all work will be performed within the confines of the demised premises and no work is to be done exterior to these premises. Should Lessee fail to cease and desist in the creation of a hazard or nuisance after receipt of written demand, then Lessor shall have the ability to declare the lease null & void and Lessee will quit the premises upon demand. All rein due will continue to be owing and all security deposits «°il: be forfeited. XIII. TRASH REMOVAL: Lessee agrees that it shall not permit any trash to be placed on the exterior of the Demised Premises. If Lessee shall violate this covenant, then Lessor shall be authorized to remove such trash, and any costs incurred in connection therewith shall be deemed additional rental payment on demand. All trash generated by Lessee, on site, is to be placed in twin rolling trashcans or a dumpster which is provided by the City of Boynton Beach, and paid for by the Lessee, the size of which is to be determined bv the Lessee. All boxes and similar bulky items are to be broken down Recycling of plastic, metals and paper are to be done utilizing the containers provided by the City of Boynton Beach. No trash will be placed loose upon the ground. No trash from off premises will be placed in containers which are on site. XIV COMMON AREA MAINTENANCE: Lessee shall pay, in addition to the normal rent charges, a common area maintenance charge of $1.00 per square foot per year as defined in Paragraph I "Demised Premises" in equal monthly installments on or before the first day of each month. Landlord shall have the right to audit and increase if necessary Common area shall pertain to water and sewer, exterior lighting, landscaping, bunldmg maintenance, parking lot maintenance, and HVAC preventative maintenance. XV. LATE CHARGES: Lessee shall make all payments of rent or other payments required under this Lease on the first (1st) day of each and every month in advance without demand. A late charge of One Hundred and 00 /100 DOLLARS ($100.00) shall be incurred by Lessee each month that the rental payment is not received by the 10th (tenth) day of the month for each unit rented. XVI. HEAVY EQUIPMENT The operation of a forklift or any similar vehicle or equipment upon the asphalt of the premises and adjacent to the Demised Premises is prohibited, unless proper mats are placed on the asphalt surface. Any damage to the premises, or asphalt, shall be deemed the responsibility of the Lessee and shall be charged by the Lessor for repair of the same, which Lessee expressly agrees to pay upon demand. XVII. DEFAULT: In the event of any failure of Lessee to pay any rental due hereunder within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease, or if Lessee shall abandon said premises, or suffer this Lease to be taken under any writ of execution, then Lessor, besides other rights or remedies it may have, shall have the immediate right of re -entry and may remove all persons and property from the leased premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, and a breach shall be established, Lessee shall pay to Lessor all expenses incurred therefore, including a reasonable attorney's fee, court costs, and attorney's fees on appeal. The parties hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on matters whatsoever arising out of or in any way connected with this Lease, the relationship of Lessor and Lessee, Lessee's use or occupancy of the Demised Premises, and/or any claim of injury or damage. XVIII. ACCESS TO PREMISES: Lessor and Lessor's representatives shall have the right to enter upon the Demised Premises at all reasonable times for the purpose of inspecting same or for making repairs, additions or alterations, or for the purpose of exhibiting same to prospective Lessees, purchaser(s) or others, and during the last six (6) months of the term of this Lease, Lessor may maintain "For Lease" and "For Sale" signs upon the Demised Premises. XIX. REOUIREMENTS OF LAW: Lessee shall comply with all laws, orders and regulations of federal, state, city, county and municipal authorities and fire insurance rating organizations which shall now or hereafter affect the premises, including but not limited to the compliance required by any change on the above referenced items. XX. NO WAIVER: No delay or omission of the exercise of any right by either party hereto shall impair any such right or shall be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. No requirements whatsoever of this Lease shall be deemed waived or varied because of either party's failure or delay in taking advantage of any default, and Lessor's acceptance of any payment from Lessee with knowledge of any default shall not constitute a waiver of Lessor's right in respect to such default, nor of any other requirement of this Lease. All remedies provided herein shall be construed as cumulative and shall be in addition to every other remedy otherwise available to Lessor. XXI. SECURITY DEPOSIT: The Lessee will deposit with the Lessor a isle sum of JG�' Flown on the unit and the balance of Se on signing of the lease. Lessor will place this security deposit in the Millspring Properties, LLC account , hei at I beria Bank and shall not be required to pay any interest thereon. In the event the Lessee defaults with respect to any of the terms, provisions and conditions of this Lease, including but not limited to the payment of rent or additional rent, Lessor may use or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent or any other sum as to which the Lessee is in default or for any sum which the Lessor may expend or may be required to expend by reason of Lessee's default in respect of any of the terms, covenants and conditions of this Lease. If Lessee shall fully and faithfully comply with all the terms, provisions, covenants and conditions of this Lease, the security shall be returned to the Lessee after the date fixed as the end of the Lease and after delivery of possession of Leased premises to the Lessor. At expiration of Lease term, Lessee is to deliver the leasehold in a finished and cleaned condition, ready for re- leasing, including repainting if necessary. Any repair or refinishing to building standards will be charged to Lessee which charge Lessee agrees herein to pay. These charges may be applied against the security deposit XXII. ENTIRE AGREEMENT: This instrument of Lease contains the entire and only agreement between the parties concerning the Demised Premises and no prior oral or written statements or representations, if any, of any party hereto or any representative of a party hereto, not contained in this instrument, shall have any force or effect. This Lease boll not be modified in any way except by a writing executed by Lessor and Lessee, and no oral agreement or representations for rental shall be deemed to constitute a Lease other than this Agreement The undersigned agree that this lease incorporates the entire agreement of the parties and that they have not received or relied upon any statements by the leasing agent which are not herein expressed. XXIII. SUCCESSOR IN INTEREST: All provisions herein contained shall bind and inure to the benefit of the respective parties hereto, their heirs, personal representatives, successors and assigns. XXIV LANDLORD'S LIEN: Lessee hereby grants unto Landlord a security interest in all of the goods, wares, furniture, fixtures, office equipment, supplies and other property of Lessee upon or about the Demised premises as security for all of the obligations of Lessee under this lease in the event of default. XXV SIGNAGE CLAUSE: Any and all signs to be used on the premises require the approval of Lessor. Signage is to be uniform in size, color and style and will be selected by Lessor under the guidance of the City of Boynton Beach which .r is required to approvd any exterior signagc. XXVI. ACCELERATION CLAUSE: In the event of default in any of the payments provided herein or breach of any of the terms, conditions, or covenants herein by Lessee, Lessor may, without notice or demand, elect to declare the entire rental amount provided herein, for the full term of this lease, to be immediately due and payable. XXVII. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. additional information regarding radon and radon testing may be obtained from your county health department. XXVIII. NO OUTSIDE STORAGE: Lessee agrees that there shall be no outside storage of any kind which has not been previously approved by Lessor. Lessee shall have access to the exterior area due west of the premises along the west fence line for the purpose of constructing two holding tanks for work related liquids. All items related to Lessee shall be stored inside the lease premises. Failure to comply with this section shall mean a default on this lease and also subject to a service charge fee of $100.00 per stored item. If any items continue to be stored outside, Lessor has the right to remove the items and charge the Lessee accordingly. IN WITNESS WHEREOF, the parties hereto set their hands and seals this _ _ _ day of, e 2012 "LESSOR" Millspring Properties, LLC BY ``LESSEE " e wk vuS . c." 44 4 Soi 5., By: .&:.,C --'ti Personalyrnaranteed _ * b 0 . h !, ._ „....., BOYNTO N i C RA =BEACH CRA BOARD MEETING OF: August 13, 2013 X I Consent Agenda I I Old Business 1 New Business 1 1 Legal I Information Only SUBJECT: Approval of Commercial Construction Project Incentive Program to Global Project Boynton Beach SW, LLC (Sherwin Williams) for the project located at 2700 South Federal Highway, Boynton Beach, FL 33435 SUMMARY: On May 14, 2013 the CRA Board approved the Commercial Construction Project Incentive Program which was designed to assist businesses with permit costs associated with substantial renovations and /or new construction projects valued between $250,000 to $2,000,000 (Minutes attached). Approved applicants are eligible for reimbursement of permit fees in the amount of 3.3% of the project's construction costs Global Project Boynton Beach SW, LLC is the owner of the property located at 2007 South Federal Highway, Boynton Beach, FL (old Ralph & Rose's location) On June 26, 2013 the City of Boynton Beach issued a building permit for the project (see attached). Global Project Boynton Beach SW, LLC's job value is $360,000 per the attached Building Permit Application Fee Worksheet submitted and reviewed by the City. Under this program, the applicant IS eligible to receive 3.3% of the job value which equals $11,880.00. Grant funding is not disbursed until the project is completed and the Certificate of Occupancy has been issued. FISCAL IMPACT: $11,880.00 - Project Fund line item 02- 58400 - 440/444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS /OPTIONS: Approve the Commercial Construction Project Incentive Program application submitted by Global Project Boynton Beach SW, LLC for reimbursement of permitting fees in the amount of $11,880.00 G� -='-'?l - �7 G`-- Michael Simon Development Director Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 14, 2013 As to the Agency's current legal situation, an inquiry was made whether it would carry over to the new insurer as it would affect the market quote for that line of insurance Attorney Cherof explained there will be no ramifications regarding any ongoing litigation carrying over as the claim is made under a certain policy, and it is pursued under that policy until it is completed Motion Mr. Casello moved to approve Mr Merker seconded the motion that unanimously passed, E. Consideration of New Commercial Construction Project Incentive Program Mr. Simon explained the application and guidelines for this item were included in the meeting backup and the CRA had several programs, beginning in 2005, with the Commercial Facade Program. In 2009 and 2010, staff worked to develop new ways to incentivize the area and help existing businesses and attract new ones. Staff developed a Rent Reimbursement Program, an Interior Build -Out Grant, and Commercial Signage Grant. The Commercial Interior Build -Out and Rent Reimbursement Grants were tied to job creation and the Commercial Facade Program was just for existing structures. During those years, they assisted 40 existing business and 18 new ones, with the bulk of them assisted in 2009 and 2010. The Board approved $730,000 in CRA grant funds for the programs, ana the private sector match was $5.8 million, which was great public -to- private dollar ratio By working with businesses to identify what they needed, they developed a program to assist with site development and permit -fee type costs for new projects. Mr Simon pointed our there are substantial costs involved with permitting and impact fees, and this Program would be an incentive to advance an existing business and recruit new business to Boynton Beach. Staff was targeting businesses between the $250,000 and $2 million investment mark The program would provide a 3.3% reimbursement of the initial construction cost as listed on the permit application The guidelines would not allow reimbursement of the fees to that percentage until after the developer paid their permit fees and received the Certificate of Occupancy Mr Karageorge commented since 2004, the grant programs generated 188 new jobs ir° the City The program is another economic tool and not every municipality was offering it He thought it would make Boynton Beach more attractive Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 14, 2013 Motion Mr. Karageorge moved to approve the Commercial Business Grant Program as outlined and the Commercial Project Construction Incentive Program Guidelines and application. Vice Chair Hay seconded the motion. Vice Chair Hay thought the program was great and reminded all, for the record, that submission of an application is not a guarantee of funding. It is the responsibility of the applicant to read and understand all aspects of the application and guidelines. Vote The motion unanimously passed. XV. Executive Director's Report: A. Project Status Update There were no questions on the update. XVI. Future Agenda Items: XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 8:06 p.m. ofi,o.,o),J Catherine Cherry U Minutes Specialist 051513 1l print Form mommoti FY 2012 -2013 Boynton Beach Community Redevelopment Agency Commercial Construction Project Incentive Program Application and Guidelines SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of this Application and Guidelines The Commercial Construction Project Incentive Program was created to assist existing and /or new businesses with the reimbursement of permit costs associated with the substantial renovation of an existing commercial property or new construction of a commercial project within the Boynton Beach Community Redevelopment Agency (the "CRA ") district. This grant program is intended to provide additional financial assistance to property owners /tenants who are investing private sector funding into the redevelopment of commercial properties. The Commercial Construction Project Incentive Program will reimburse approved applicants with the cost of permit fee expenses up to 3 3% of the project's construction costs Commercial Construction Project Incentive Program applicants may also be eligible for other GRA Economic Development Programs, i e , Commercial Facade Commercial Interior Build -Out and /or Rent Reimbursement The Commercial Construction Project Incentive Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding I. Incentive Funding Commercial Construction Project Incentive Program funding amounts are based on a percentage of the project's construction value as it appears on the Palm Beach County- Wide /Municipal Building Permit Application Form submitted to the City of Boynton Beach at the time of permit approval Only projects valued between $250,000 to $2,000,000 are eligible for funding under this program The amount of funding awarded to any one applicant for a project is 3.3% not to exceed $60,000 See attached copy of the City of Boynton Beach Building Division Fee Schedule For Example Project Value 3 3% (Permit Costs) $250,000 $8,250 00 $500,000 516,500 00 $750,000 524,750 00 $1,000,000 $33,000 00 $1,500,000 $49,500 00 52 ,000,000 $60,000 00(maximum incentive Page 1 of 6 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 737 -3256 Fax 561-737-3258 Funding is disbursed on a reimbursement basis only. Reimbursement is provided after the completion of the project and the CRA Board approved applicant submits all documentation listed under Section V. Procedures for Reimbursement of this application. II. Eligibility Requirements Applicants must be located within the CRA District (see attached CRA District Map) Application for the Commercial Construction Project Incentive Program may be made within three months of final permit approval by the City of Boynton Beach. Project value must range between $250,000 and $2,000,000. Projects valued under $250,000 or in excess of $2,000,000 are not eligible. III. Ineligible Businesses • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops /Body Piercing /Body Art Shops • Check cashing stores • Take -Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades IV. Procedures for Application and Approval Application Process All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Completed and signed Incentive Program application. 2. Copy of Lease, if applicable. 3. Copy of Palm Beach County - Wide /Municipal Building Permit Application Form as submitted to the City of Boynton Beach. 4. Copy of paid receipt for approved final building permit. 5. W9 Form (attached to grant application). 6. Copy of elevations, site plan and floor plans as submitted to the City of Boynton Beach. 7. A minimum of four (4) color digital "before" photos of the project. c :0'./ Page 2 of 6 710 North Federal Highway, Boynton Beath, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 www boyntonbeachcra corn RPI- FY2012 -2013 Approval of Funding Request Once eligibility is verified and all required documentation has been submitted CRA staff wfii preserr the funding request to the CRA Board for approval The CRA Board meets on the second Tuesday of each month Applicant will be notified of the date and time their application will be presented to the CRA Board It is recommended that the applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing The CRA reserves the right to approve or deny any Commercial Construction Project incentive Program application and to discontinue payments at any time if, in its sole and absolute discretion, determines that the business will not advance the goals and objectives established for the economic development of the CRA District Site Visits CRA staff may conduct a site visit prior to the submittal of the application to the CRA Board and once the project is completed and has received a Certificate of Occupancy. V. Procedures for Reimbursement Reimbursement Documentation Once the project is completed and a Certificate of Occupancy or Completion is obtained ,- written request for reimbursement shall be submitted to the CRA along with the following documentation 1 Copies of all permit fee receipts paid to the City of Boynton Beach. 2 Copy of Certificate of Occupancy or Certificate of Completion from the City of Boynton Beach. 3 Release of Lien from General Contractor for the completed project (No partial release of liens accepted). 4. Color digital "after" photos of the project. Applicants shall allow the CRA the rights and use of photos and project application materials. 5 If applicant is tenant and /or owner, occupying the space as its place of business a copy of City Business Tax Receipt and County Business License is required By submitting for reimbursement, the applicant warrants that all bills related to the project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of this Application and Guidelines Page 3 of 6 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 - 325 F RPI- FY2012 -2013 13 Y N 1 i..1'\! cA .B is A(1 -1 FY 2012 -2013 Boynton Beach Community Redevelopment Agency Commercial Construction Project Incentive Program (Please Type or Print Only - Use Additional Sheets if Necessary) APPLICANT INFORMATION Are you applying as the: © Owner of the property 0 Tenant of the property (interior build -out project) Global Project Boynton Beach SW, LLC 1. Applicant Name 910 Landmark Drive Sandy Springs, GA 30342 Current Address: Email: beauchampjr @comcast.net Phone #: 404.233.2994 Global Project Boynton Beach SW, LLC. 2. Property Owner Name 910 Landmark Drive Sandy Springs, GA 30342 Current Address. Email: beauchampjr@comcast.net Phone t 404 233.2994 TOTAL VALUE OF PROJECT: $360,000.00 BUSINESS INFORMATION: The Sherwin - Williams Company Business Name (D /B /A if applicable). Current Business Address: New Store Fed ID# (if applicable). Phone: Fax: http.//www.sherwin-williams.com/ Website c burials Page 4 of 6 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 tw ow bovntonbeachcra c_ orn RPI- FY2012 -2013 Existing Business Yes No _ ___- a Number of years In exsto NiA New Store Length of Time at Current Location CI Do you have an executed lease agreement for the budding? Yes_ _ No _2_ If you are applying as the owner of the property, do you have a tenant ? - Yes_ -_ 0 No The Sherwin - Williams t ompar Name of tenant/business on lease agreement a Paint and Decorating Store Type of business — ^ Are you applying for grant assistance under any other program offered by the CRA Yes d No 0 If yes, what additional programs are you applying for COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM Are you receiving grant assistance from any other governmental agencies Yes No__ If yes, list any additional grant sources and amounts. CERTIFICATION AND WAIVER OF PRIVACY 1, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining funding under the Boynton Beach Community Redevelopment Agency Commercial Construction Project Incentive Program. and it is true and complete to the best of the applicant(s) knowledge and belief The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and /or imprisonment for making false statements or presenting false information 1 further acknowledge that l have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Construction Project incentive Program Application and Guidelines I understand that this application is not a guarantee of funding Should my application be approved, ! understand that the CRA may, at its sole discretion, discontinue payment at any time if, in its sole and absolute determination, it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. 1 further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. 1 understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed ,111'1,, Page 5 of 6 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561-737-3258 RPI- F112012 -2013 If there is more than one applicant and/or property owner, please print this page and use for additional signatures 7/10/2013 Applicant Signature / Date Robert S Beauchamp, Jr Manager Printed Name Title STATE OF COUNTY OF (t BEFORE ME, an officer du! authorized by law to administer oaths and take acknowledgements, personally appeared f _ r. t Ely , who is /are personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed IN WITNESS OF THE have OING, t e set my hand and official seal in the State and County aforesaid on this day of �u�y , 20 /3 NO ARY Ply a LIC My Commission Expires: /17A.>✓A 2$, 2 ' IF YOU ARE APPLYING AS A TENANT, THE PROPERTY OWNER MUST SIGN THE APPLICATION Property Owner's Signature i Date Printed Name Title STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared_ , who is /are personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ day of , 20� NOTARY PUBLIC My Commission Expires Page 6 of 6 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wrow tE2yr to t ., RPI- FY2012 -2013 ■ "WARNING TO OWNER: YOUR FAILURE TO t 1Y0 ill RECORD A NOTICE OF COMMENCEMENT MAY CITY OF BOYNTON BEACH RESULT IN YOUR PAYING TWICE FOR BUILDING DIVISION a IMPROVEMENTS TO YOUR PROPERTY. r ° rl " A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 8P400L3.0 Date Applied: 4/17/13 NOTICE 1 IN ADDIT,ON TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL i Prepared By: 8 Y 8 2 C S M ! RESTRICTIONS APBLE HIS OPERTY AT BE UND IN THE PUBLIC RECORDS OF THIS COUN AND TO T THERE PR MAYBE ADD MAY PERM REQUIRED P PROM 1 OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE I Date Issued: 6/26/13 i AGENCIES. OR FEDERAL AGENCIES. Permit Type: PIN 1747906 934988 PermitNo: 1300001348 BUILDING PERMIT INSPECTIONS ARE REQUIRED; SEE BACK OF PERMIT CARD FOR REQUIRED INSPECTION. City Range 1 Twnshp. Section Sub Division Block Lot Plat/Book/Page 08 43 45 33 02 000 0251 Property Address Zoning _ Reviewed By 2007 S FEDERAL HWY CLC __T Subdivision Name _ JHAPPY 1 Legal Address _ LANE BOYNTON E 30 FT 0 ~ Owner's Name/Address/Telephone Contractor's Name/Address/License/Telephone GLOBAL PROJECT BOYNTON BEACH S 0 C ECKER CONSTRUCTION INC W 3150 BUCK BRANCH R0 BOYNTON BEACH FL 33435-6906 CONYERS GA 30094 56 329 -7865 770 922-5726 CBCO20942 WC2071377- Additionai Description _ General/Architect/Engineer INTERIOR & EXTERIOR RENOVATIONS — Construction BFE ; FFE FLZ NA Occupancy Sq. Ft. Valuation Improvements — � M 360.000 COMMERCIAL REMODEL, INT /EXT • Schedule of Fees * THIS PERMIT FEE IS NOT REFUNDABLE * _ PAID 1.656.00 DATE- 4/18/13 RECEIPT$- 0218510 000000557 OTHER FEES: TYPE- DBPR BLDG CODE ADi'; & INS 124.20 April 17. 2913 4:23:01 PM byb2c TYPE- DEPT COMMUN AFFAIRS SUFIC 124.20 NOC REQUIRED BEFORE INSPECTION TYPE- FIRE AND LIFE SAFETY FEE 131.76 June 5. 2013 10:28:16 AM byb2ja TYPE- GREEN BUILDING FEE 39.60 No low voltage wiring; conduit a TYPE• PLANINING & ZONING REVIEW 56.06 string only. TYPE- RESUBMITTAL 552.00 TYPE- PUBLIC ART 30Z FEE 2,080.00 // ‘7 / 6/ /fir �--- AUTHORIZED SIGNATURE , /e,A:[r'l /.e/ NOTICE: CALL 742 -6355 FOR INSPECTIONS 24 HOURS IN ADVANCE (BEFORE 5:00 P.M.) THIS PERMIT SHALL BECOME NULL AND VOID UNLESS THE WORK AUTHORIZED IS COMMENCED wawa ONE HUNDRED AND EIGHTY (180) DAYS AFTER ISSUANCE OR IF THE WORK AUTHORZED HAS NOT RECEIVED AN APPROVED INSPECTION FOR A PERIOD OF ONE HUNDRED AND EIGHTY (180) DAYS. Any change in ou Min._: plans or epecihcations must be .ecorded with this office. Amy wolf, not covered above. must have a valid pemil roan to starting. In considerstior, of the graniirfn of this permit, the owner and builder agree to erect thrs structure in lull compliance with the 9ur:ding and Zoning Codas of the City of Boynton Beach. =ioride. This permit fee is not refundable BUJLDJNG Code Inspector Results ENGINEERING - Cont Code Inspector Results Beam /column 1100 Fill in progress 7150 7420 1 !Building final' 1999 ICeii n d 1780 hake excavation ILampmg 7460 ( Ceiling form' 1Q90 Lot grading 7250 _--1 I DrywaiV screw 1760 !Paving final 7399 ` Pt ba cxfill 7440 iDumpster pad form 1060 ,t pe Fill cell 1110 Pipe layout 7400 Floor truss 1600 Silt screen /Pollution control 7100 Fcoter 1010 Sub - grade /rock 7 300 Foundation` ! 020 Swaie 73 60 Framing (exterior! 1300 f IRE Coda inspector Results (Framing (interior) 1700 Fire alarm final 9899 insulation' 1 740 (Fire alarm rough 9800 Lath/stucco 1500 Fire early power 9900 Pool deck 1820 !Fire final 9999 Pool steel' 1800 Fire gas final 9299 Roof deck 1420 Fire gasrougn 9200 Roof final' 1490 Fire gas underground 9100 Roof framing _ 141 ' Fire generator final 9259 Roof in progress 1470 Fire hood final 9599 Roof sheathing 1430 Fire hoed rough 9500 Roof tin tag /meta, 1460 Fire LP tank 9201 Roof truss & strap 1400 Fire pressure test 9302 Sheath /strap/truss 1450 _ !Fire pump tesbfinal 9499 Sidewalk form 1050 Fire sprinkler final 9399 Slab form' 1030 Fire smoke test 9700 _ lilt wall panel 1200 Frre sprinkler roll interne; 9301 Trailer tie - down 1900 !Fire sprinkler rgh underground 9300 Wall sheathing 1340 Fire suppression Final 9699 i Window /door bucks ;72: GAS code inspec?orResults _ ELECTRIC Cooe tnspocrorResults • Gas final 5999 Early power 3900 ( Gas LP tank 5330 — Eiec ceiling rough 3600 !Gas rough 5200 Elec final 3999 Gas anderground 5100 Elec rough 3400 LANDSCAPING Code InspectorResulis Elec service change 3800 !Clearing /grubbing 8200 Elec stab 3309 ±Landscape final 8999 __ Elec underground rough 3200 Tree protection 6100 — Elec wall rough 3500 t II Trees/shrubs 8300 _ rooter bond 3100 *MECHANTAL _ Co Inspecler.Resa — p ool deck bond 3140 {Meth final 5999 pool tadder/handreil boric 3150 _ 1 Mech rough _ 5200 pool niche bond 3160 iMech underground 8103 pool steel bond 3130 Smoke tesVMech final 6400 Temp pole 3700 PLUMBING Code inspector Resulls _ _ � ; Irrigation final 4699 ENGINEERING Code InspectcrReststs Plumb final m 4999 _ 4sptatt layout 7340 !Plumb rough/top -out 4400 Y Base 7320 — Plumb roughlundr;md 4100 _� — :urbing (Grading) 7200 'Pool main drain 4300 Orainage cleaning 7480 _ I Pool perimeter pipirg 4320 )rsinage filial 7999 i2ressure test 4500 Excavation Final 7059 Sewer 4200 * REQUIRED DOCUMENTS FOR INSPECTION MUST BE ON -SITE DURING INSPECTION (SUCH AS AFFIDAVITS, CERTIFICATES, REPORTS & SURVEYS) "WARNING TO OWNER: YOUR FAILURE TO 11101V , RECORD A NOTICE OF COMMENCEMENT MAY CITY OF BOYNTON BEACH RESULT IN YOUR PAYING TWICE FOR BUILDING DIVISION 0 , .0 4 f IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." BP400L3.0 Date Applied; 4(17,13 I NOTICE IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL Prepared By BYB2CSM 1 RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE Date issued: 6/26/13 AGENCIES, OR FEDERAL AGENCIES. Permit Type PIN 1763200 934988 +Permit No: 1300001348 PAVING PERMIT INSPECTIONS ARE REQUIRED: SEE BACK OF PERMIT CARD FOR RETRED INSPECTION. City I Range 1 Twnshp. 1 Section ' S ub Division Block ` Lot PlatlBooklPage 08 I 43 1 45 i 33 1 02 , 000 0251 , Property Address , Zoning Reviewed By I 2007 S FEDERAL HWY , • CLC Subdivision Name Legal Address — HAPPY LANE BOYNTON E 30 FT 0 Owner's NamelAddressfrelephone Contractor's Name/AcklnassiticensetTelephone GLOBAL PROJECT BOYNTON BEACH S I ATLANTIC SOUTHERN PAVING W i 1490 NW 65TH AVE BOYNTON BEACH FL 33435-6906! FORT LAUDERDALE FL 33333 56 329-7865 I 954 582-7016 CGC019339 46642 Additional Description General/ArchltectlEngineer INTERIOR 8 EKTERIOR RENOVATIONS 0 C ECKER CONSTRUCTION INC GENERAL construction i BFE I FFE 1 FLZ 1 l I ' NA . Occupancy Sq. Ft Valuation i I i 360,000 COMMERCIAL REMOOEi, INT/EXT Echedu;s u■Feus i * THIS PERMIT FEE IS NOT REFUNDABLE * -- _ OTHER FEES: TYPE- DBPR BLDG CODE ADM 8 INS 124.20 April 17. 2033 4:23:01 PM byti2c TYPE- DEPT COMMUN AFFAIRS SURC 124,20 NOC REQUIRED BEFORE INSPECTION TYPE- FIRE AND LIFE SAFETY FEE 131.76 June 5, 2013 10:28:16 AM byb2ja TYPE- GREEN BUILDING FEE 39.60 No low voltage wiring: conduit a TYPE- PLANNING & ZONING REVIEW 56.06 string only. TYPE- RESUBNITTAL 552.00 TYPE- PUBLIC ART 30t FEE 1.080.00 -./ ./- , AUTHORIZED SIGNATURE NOTICE: CALL 742-6355 FOR INSPECTIONS 24 HOURS IN AD-4A-tICE IGEFORE 5H:10 This PERMIT SHALL BECOME AND VOID UNLESS THE WORK AUTHORIZED IS COMMENCED YATHIN ONE HUNDRED ATIOEIdHTY PISOI DAYS AFTER ISSU0;',E 0TI IF THE WORK AUTHORIZED HAS NOT RECEIVED AN APPROVED INSPECTION FOR A PERIOD OF ONE HUNDRED AND IFISHTY (130I DAYS. - Any charge in building plans oi specifications must be recorded with this office Any work not covered 31)0, e. must have a valid permit brio lc starling. In considerttoon OP* grant% of this hermit the owner and bui'der agree to etecl this strucCire in &'ti compliatexi with the Bukfing and Zoning Codeo of the City of Boynton Beach. Florida. This permit fee nor refundable. BUILDING Code Inspector Results [ENGINEERING -Cont. Code Inspector Results Beam/column 1100 Fill in progress 7150 Building final' 1999 Lake excavation 7420 Gaffing grid 1780 tamping Driveway forrn' 1040 Lot grading 7250 Drywall screw 1760 1Paving final 73 Dumpster pad form 1060 Pipe backlit' 7440 Fill cell 1110 'Pipe layout 7400 Fioor truss 1600 )Silt screen/Pollution control 7100 Footer 1010 Sub- grade/rock 7300 ndation* 1020 Swale 730 ! Framing (exterior) 1300 _ 'FIRE Code Inspector Res;t/fs Framing (interior) 1700 Fire alarm final 9899 Insulation` 1740 Fire alarm rough 9800 Lath /stucco 1500 Fire early power 9900 Pool deck 1820 `Fire final 9999 Pool steel' 1800 Fire gas final 9299 Roof deck 1420 Fire gas rough 9200 Roof final 1490 Fire gas underground 9100 Roof framing 1410 Fire generator final 9259 Roof in progress 1470 Fire hood final 9599 Roof sheathing 1430 Fire hood rough 9500 Roof tin tag /metal 1460 Fire LP tank 9201 Roof truss & strap 1400 Fire pressure test 9302 Sheath/strapitruss 1450 Fire pump test /final 9499 Sidewalk form 1050 Fire sprinkler final 9399 Slab form' 1030 Fire smoke test 9700 Tilt wall panel 1200 Fire sprinkler rgh internal 9301 Trailer tie -down 1900 Fire sprinkler rgh underground 9300 Wall sheathing 1340 .p'ire suppression final 9699 Window /doarbucks 1720 ; GAS • Code. , fns# ro% Fesuhs __- _. .. ELECTRIC Code inspectorResuwts ; Gas final 5999 _ .- -_—i Early power 3900 Gas LP tank 5300 —__ Elec ceiling rough 3600 'Gas rough 5200 Elec final 3999 i Gas underground 5100 Efec rough 3400 L ANDSCAPING Code InspectorResufts Efec service change 3800 - , Clearing/grubbing 8200 Elec slab 3300 __ _ `Landscape final 8999 Elec underground rough 3200 ^ ^ %Tree protection 8100 Elec wall rough 3500 ;Trees/shrubs 8300 Footer bond 3100 !MECHANICAL , Code Ii,scector Results Pool deck bond 3140 ftttech final 6999 _ Pool ladder /handrail bond 3150 f Meth rough 6200 — }' Poo: niche bond 3160 Mech underground 6100 Pool steel bond _ _ _ 3130 _ Smoke test/Mech final 6400 00 remp pole — 37 - PLUMBING Cade Inspector Result - _ - _ Irrigation final 4899 -i _ ENGINEERING Code inspectorResu /rte ' Plumb final 4999 �— Ysphalt layout 7340 Plumb rougMop•out 4400 3ase 7320__ - — - _ Plumb rough/vndrgmd 4100 0urbi.ng (Grading) 7200 'Pool main drain 4300 Drainage cleaning 7480 ipocl perimeter piping 4320 _ _ ?rainage final 7999 'Pressure test 4500 ::cava:ion Final 7099 'Sewer 4200 ' + i REQUIRED D CUMENTS FOR INSPECTION MUST BE ON- ITE DURING INSPECTION (SUCH AS AFFIDAVITS, C RTIFICATES, REPORTS & SURVEYS) BP Application Fee Worksheet For Office Use Only GTE 0 . ,� z Application # 13 -1348 Initials 4v r" �' JOB VALUE $360,000 00 CALCULATION Mandatory Fees Permit Fee $8,280 00 [VALUE] x 0 023 (min $46) Revision Fee (if minimum) $50 (comm) or $30 (res) + $10 /sheet DBPR $124 20 [Permit Fee] x 0 015 (min $2) DCA $124 20 [Permit Fee] x 0.015 (min $2) Green Building $39 60 [VALUE] x 0 00011 If Applicable Copies See Public Record Request Form Copies Sales Tax $0 00 [Copies] x 0 06 Fire Review $131 76 Calculated by Fire Fire Penalty [Fire Review] x 3 Parks & Rec (BB) See City Table Parks (PBC) See PBC Impact Fee Table Penalty [Permit Fee] x 3 P &Z Review $56 06 $44 85 x Review time in hours 1 25 Public Art (30 %) $1,080.00 [VALUE] x 0 01 x 0 3 (if VALUE > $250k) Public Art (70 %) $2 520 00 [VALUE] x 0 01 x 0 7 (if VALUE > 5250k) Public Bldg (PBC) See PBC Impact Fee Table Resubmittal (Unpaid Only) [Permit Fee] x 0 1 (min $50) Roads (PBC) See PBC Impact Fee Table Schools (PBC) See PBC Impact Fee Table Sewer (BB) See City Table Water (BB) See City Table TOTAL FEES $12,355 82 Less Initial Payment $1 656 00 BALANCE DUE 510,699 82 Authorized for CERTIFICA1 E OF OCCUPANCY Date Authorizes for CERTIFICATE OF COMPLETION Date C11Y 1t ri O bal-L.1 :Lk E B.,1!i eLALH EQV 6011,7 3F CH 11 3242, 2013 15 2-■ 05 ji3 " Tir LHEL 3 •5 - CPED5 titED \ASA SALE ) kYA - 0006 Blich 000024 _ C.5-150 ,',J; r-inz SA ;ltd - - .1011 Met _ 61011v1 'i/9.;3"/ _ If CL.PY 2013 CRA COMMENT LOG ethod of Date Name Comment ti , - ,, N Mike Simon took the phone call. No There is loitering under the Trespassing signs have been 7/10/2013 Phone Brian Fitzpatrick mango tree on MLK. replaced on the property. Thank you for help and support of opening his law firm in Boynton Beach from 7/11/2013 Email Steven Braten Delray. Letting staff know that MLK residents were pleased with the additional No Steve @ Third Trespassing signs placed on 7/16/2013 Email Street Signs MLK Thank you for the grants -it made a big difference getting the firm up & running in moving his business from 8/2/2013 Email Angelo Gasparri Boca Raton Utterback, Theresa From: Marketing < marketing @myassociationattorney com> Sent: Thursday, July 11, 2013 1'04 PM To: Utterback, Theresa; Smith- Coffey, Tracy Cc: Steven Braten Subject: Thank you ! Hello Theresa and Tracy, On behalf of our firm, we wanted to say a very big THANK YOU to you both for your support in the opening of our new offices within the CRA district. The efforts and successful track record of the CRA are what drew us to the area and influenced our decision to lease space in the 500 Gulfstream building. We are so excited that we have been approved for the grant, and look forward to a long and successful stay in Boynton Beach. Please let us know what we would need to do /provide and when in order to realize the benefits of which we are so appreciative. Kindest Regards, Beth Steve Beth Miller Director of Operations STEVEN R. BRATEN, P.A. 500 Gulfstream Boulevard, Suite 104 Delray Beach, FL 33483 marketmg@myassociationattorney .com T: 561 270 3291 F: 888 2021679 1 Utterback, Theresa From: steve @thirdstreetsigns.com Sent: Tuesday, July 16, 2013 4:38 PM To: Utterback, Theresa Subject: No Trespass Signs Theresa, The signs went in yesterday. Locals were very unhappy except for the one guy who lives across the street. He came over and thanked us. Apparently the hanging out at that lot is quite noisy and this man has to get up at 3:00 AM to go to work. At least there was one happy neighbor! Steve 1 Utterback, Theresa From: Angelo A Gasparn, Esq <angelo @driclaw com Sent: Friday, August 02 2013 4 53 Pm To, Utterback, Theresa Subject: RE FW Quarterly Reporting -CRA Grants Rent Reimbursement & interior Build -O( Attachments: Pages from 2013 07 (July) Operating pdf l ier€ you go Theresa I hank you i,nr <ll „� s• :.i r `.�I' E „5:(F e= hi !Alf -reni e for us it^ ge?tin FT,r 7 `T" . , runmrig, up herF tk.{ugEkti? Angelo A Gasparn, Esq Debt Relief Law Fiat roe. 1080 South Federal Highway Boynton Beach, FL 33435 (o) 561.826.8986 (c) 561.504.5341 ngeio©driciaw.corr www.DebtRelief! awFacnda,cor~ 1 he inionnatton contained in this e -mail message may he attorney - client pro ilegud and i c onlident at mtonnaUOn intended on th, usi '' no mndt. du. and enttv named above 11 the teadetof this message is not the intended iectpient } ou ale het eh( non1ied that an} disc luswc dis,cnunaun, (1,sathuno �.t•i,a,u.t,,« copying 01 communication 01 this inlonnalion, other than to the intended teuptent is s1nctIc p1ohthned 11 u tu hat e recit ed this , otnmmncauor to (n, immediately nottt} me h} telephone (collect d long dtstan, c) and deslluti ant ooptes digital ut haid ul the,'i ❑tessarf ano a" ,mochm,01 ennhuise you lot all costs associated OK, Cc, ith BOYNTON CRA =BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda Old Business New Business Legal X Information Only SUBJECT: Quarterly Report from Stage Left Theatre for Build -Out at Madsen Center SUMMARY: On December 11, 2012 the CRA Board approved matching funding to assist with build out of the interior of the theatre not to exceed $3,023.19 The theatre supports the development of the Civic and Cultural Campuses and Ocean Avenue Cultural Corridor per the Downtown Vision and Master Plan. Quarterly reports to the CRA showing ticket sales and cross promotion efforts for area restaurants and businesses, i.e., ads in programs, Dinner and Show promotions, etc. for the first year of operations were a condition of the grant funding. The second quarterly report is attached CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan ‘/. Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 2013\Aug 13 \Stage Left doc sT _ GE LEFT THE 4 TRE TO CRA/Theresa Utterback FROM Stage Left Theatre /Peter Pagliaro RE Quarterly Report Theresa, Please accept this letter as an update to our second quarter of existence in Boynton Beach Ticket sales for our second show of our season, "Last of the Red Hot Lovers' were $3,800.00. Even though this was less than our first show of $5,349.00 which was reported on our first quarterly report, it was equally successful. We say this because the first show was comprised of 8 performances and the second, only 5 This was due to an actress having a death in the family and forced us to cancel a weekend This explains the decrease in revenue, but as you can see, the same success in comparison Both of these adult shows were not only financially successful, but in popularity as well We are now up to almost 200 patrons on our mailing list and that is growing on a daily basis The Forum News, Palm Beach Post and Sun - Sentinel have been reporting on our growth with extremely positive articles and this too has helped with our success We just finished our summer children's show, "The Cat Princess" which was held at the Royal Palm Beach High School Theatre. We used a high school due to the number of summer camps that were booked for the show Our little 72 seat theatre simply was not large enough Although ticket prices were only $3 50 for children, with the adult counselors free, we still netted almost $1,000 00 on the show and all the kids that attended loved what they saw We hope to expand on the children's program in the future We are continuing to draw patrons from all over Palm Beach County, from as far north as Jupiter, and as far south as Dade and Broward Counties This tells us that people are willing to travel a distance to see one of our shows. These people have all requested to be on our mailing list, including the ones from Dade and Broward Counties As we continue to grow, we are confident our presence will entice new businesses to locate close to our theatre, helping with the revitalization of the Boynton downtown We are continuing to recruit volunteers in all areas of theatre to help us continue to move forward. Our theatre guild is growing and new committees are being formed to help us. We have secured someone to help with our marketing. She will begin selling ads for our playbill over the next few weeks, as well as line up corporate sponsors for our productions. She comes to us with many years of marketing experience as well as theatre experience and we hope her presence will help us raise additional revenues We have also been fortunate to get a professional publicist to help us with publicity He will be handling all our publicity and hopefully expand our presence in the county through alN types of media. Over the next few months we will be organizing our new season which opens November 8 2013 and runs through May, 2014 We have a great season line -up which can be viewed on our web site, www.stagelefttheatre.net We have also established our facebook page and twitter and building many theatre friends from both Over the next few months, we will be concentrating on building risers and hopefully purchasing real theatre style seats. We have an architect drawing the plans for this project at this time and hopefully can raise the funds to complete this project before our new season begins in November. This project is a priority for us. We will also host a public gathering for anyone that would like to attend sometime the beginning of October. We plan on offering refreshments at this event. This gathering will be to let people know what we will be producing, get to know us better and hopefully have a silent auction and raise some funds. This date will be advertised through the media, web site, facebook and mailing list. We hope to have a good turnout. All in all, we are thrilled the way things are turning out and are confident we will continue to move forward in reaching our ultimate goal of becoming a premier theatre hub for all of Palm Beach County. We are grateful for the support of the City of Boynton Beach and the CRA and hope you will all continue to support our efforts to bring the utmost in quality live stage theatre to Boynton Beach. Thank you. Sincerely, Peter Pagliaro /Artistic, Managing Director Stage Left Theatre 145 S E 2nd Ave Boynton Beach, FL 33435 Phone (561) 301 -5404 www stagelefttheatre net .... . . , t oritilliki i 7.- , . .. . „ _ ..,.. . . . . , - ' , , : A I : . , AIIIINo , ■ ,I, .".","'"' -■,. ' 145-r.C4,f. ,■ "'"='''ital1,1,::;:tr;4,T1' i elr"r ' „,,,, ,,'"A: : ,`, ',,,rr.', 14 ■',4 , rrrr ,rr', '.4 ,,4'%■-':',,i, irr4,4r, : , ,h. 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April 19, . :05 pm Matinee performance April 21 at 2:30 pm OPENING NIGHT $20.00 (includes champagne reception) ALL OTHER PERFORMANCES $18.00 * GROUP RATES AVAILABLE for 25 or more for $2 00 less than regular price For Ticket Information Call 501.301.5404 General Seating No Refunds or Exchanges Like Stage Left Theatre on 13 Follow us on ©Stage_Left 145 SE 2' Ave , Boynton Beach, FL 33435 ikwww staoelefttheatre.net cRA bye ' � 3 Y T �. �o N oN BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda X I Old Business I New Business I I Legal I Information Only SUBJECT: Approval of Issuance of Request for Proposal and Qualifications for Legal Services for the CRA SUMMARY: At the June 11, 2013 CRA Board meeting the CRA Board approved a motion to direct staff to develop a Request for Proposal (RFP) for Legal Services for the CRA. Staff drafted the attached RFP and had legal reviewed it. Once approved for issuance, the proposals will come before the Board at the October 8 Board meeting. The Board will then publically review and rank the proposals However, the Board need not rank more than five proposers. The CRA Board or their designee, will then enter into negotiations with the top ranked proposer If negotiations are successful, the agreement for services will be brought to the Board for approval If negotiations fail with the top ranked proposer, the Board shall continue to the next highest ranked proposer until an agreement is reached Proposals are due Thursday, September 19, 2013 FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Approve the issuance of the attached Request for Qualifications and Proposals for Legal Services for the CRA / 4 • Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 20131RFP Legal Services doc Fhe Boynton Beach Community Redevelopment Agency REQUES 1 FOR Qt iALIFICA'1 IONS AND PROPOSALS FOR LEGAL SERVICES Submittal Response Deadline: 3:00 pm. Fhursda) . September 19. 20 \H responses shall he subnutie d 'd+ Bor.nton Beach 'R ; 710 N. Federal Flighwa Boynton Beach. F 1 SECTION 1- INTRODUCTION A. INTEN1 The Board of the Boynton Beach Community Redevelopment Agency (CRA) invites interested law firms and /or attorneys to submit a written Letter of Interest and Hourly rates to provide CRA Attorney services to the Boynton Beach CRA. The CRA intends to enter into a contractual arrangement with a firm or individual attorney to provide legal services to the CRA to also include any necessary paralegal, secretarial services or other services the selected attorney may require. A retention contract shall provide for termination by the CRA at its discretion and have no provision for bonus pay or severance pay B. BACKGROUND Located in Palm Beach County on Florida's East Coast. the City of Boynton Beach Community Redevelopment Agency continues its mission to redevelopment the commercial corridors of Federal Highway, Boynton Beach Boulevard and Ocean Avenue within the City of Boynton Beach (pop. 68.996). The CRA. created in 1981. recently_ changed the composition of its governing CRA Board from the five (5) members of the City Council to the City Council members plus two (2) appointed members (for a total of seven (7) board members). This change was designed to increase the voice of the community in the redevelopment efforts. The present legal services are provided b) the City Attorney; the CRA is seeking its own Attorney to remove any potential for conflict of interest with the City SECTION 2 - SCOPE OF SERVICES. MINIMUM REQUIREMENTS. AND QUALIFICATIONS A. SCOPE OF SERVICES 1. To perform the duties and responsibilities pursuant to the Rules of Governance of the Boynton Beach Community Redevelopment Agency. Section 163. Part III. Fla. Stat and the other general laws of the State of Florida 2. Advise, research, assist and render written opinion to the CRA on a wide variety of legal areas including but not limited to: redevelopment law, general municipal law, special district law, general state and federal laws, and contract law relating to redevelopment, special districts, intergovernmental relations and rules and regulations. 3. Legal advisor and counselor for the Community Redevelopment Agency and all of its officers in matters relating to their official duties. 4. Prepare, review, or advise on all contracts, bonds, and all other legal and official instruments in which the Community Redevelopment Agency is concerned and shall endorse on each approval of the form and legal sufficiency. . 5. Review agenda items when requested. 6. Advise, research and assist the Community Redevelopment Agency on a wide variety of legal areas including but not limited to: grants, budgets, bonds, acquisition and disposition of land, tax increment collections, appropriateness of expenditures, public disclosure issues, and laws related to the undertaking and administration of redevelopment in the State of Florida. 7. Advise, research and assist the Community Redevelopment Agency on a wide variety of legal areas including but not limited to: the preparation and development of resolutions and the interpretation of land use law, comprehensive planning, zoning regulations and property rights, economic development activities, public utilities, code enforcement, building codes, real estate law, and redevelopment law. 8. Advise, research and assist the Community Redevelopment Agency on a wide variety of legal areas including but not limited to: contract law, environmental law, land leases or sales, purchasing and procurement. 9. Advise, research and assist the Community Redevelopment Agency on a wide variety of legal areas including but not limited to: litigation and trial activity, tort law and proactive methods to avoid litigation. 10. Prosecute and/or defend on behalf of the Community Redevelopment Agency all complaints, suits and controversies in which the Community Redevelopment Agency is a party except where the Community Redevelopment Agency's defense is provided either by contract or law by a third party. 11. Furnish the Community Redevelopment Agency Board members (either collectively or individually), the Community Redevelopment Agency Executive Director, or any employee of the Community Redevelopment Agency, his/her opinion on any question of law relating to any matter concerning their respective power and duties. 12. Advise the Community Redevelopment Agency Commission as to their compliance or non - compliance with the provisions of the Community Redevelopment Agency Rules of Governance and Florida Statutes 13. Attend meetings of the Community Redevelopment Agency as requested. either HI person or by his duly designated representative to supply those legal services as may he needed during the meeting 14. Provide Counsel and legal services for Community Redevelopment Agency boards. task forces. and committees duly authorized by the Community Redevelopment Agency Board. 15. Assist the Community Redevelopment Agency in preparation. drafting. revisions of resolutions, amendments, leases, policy and procedural manuals, and other documents at the request of the Community Redevelopment Agency Board and /or Community Redevelopment Agency Executive Director 16. Assist, revise, review and /or advise with acquisition requirements with appropriate staff, evaluate any special legal or cost problems. develop acquisition timetables, make preliminary cost estimates and obtain or develop proper legal descriptions of real estate transactions. Prepare documents necessary for routine land purchases and /or sales All such transactions shall be deemed to be routine unless the Attorney contacts the Community Redevelopment Agency in advance and obtains the Community Redevelopment Agency's approval that the transaction contemplated is non - routine 1 7. Submit. as part of the annual budget process. anticipated expenditures. and revenue 18. Provide monthly report to Board summarizing legal services activities 19. Provide all required documentation to the external auditor as part of annual audit 20. Coordinate and supervise. specialized legal services provided by outside counsel 21. Keep the Community Redevelopment Agency Board, C ommunity Redevelopment Agency staff, and Community Redevelopment Agency Chair informed of legislation or judicial opinions that have potential impact to the Community Redevelopment Agency 22. Meet with Community Redevelopment Agency Executive Director and /or designee on an as needed basis to provide for the operational necessity of the Community Redevelopment Agency. 23. Assist in preparation, drafting, revisions of contracts. amendments to the contracts and other legal documents at the request of the Community Redevelopment Agency Board and /or Community Redevelopment Agency Executive Director 24. Advise Community Redevelopment Agency Board, Community Redevelopment Agency staff and Community Redevelopment Agency Chair at least once a year on Sunshine Law and public records law, redevelopment law, special district law; and all other areas of redevelopment law, special district law, municipal law, legislative and judicial opinions that could potentially impact the Community Redevelopment Agency. 25. Perform any other duties as assigned by the Community Redevelopment Agency Rules of Governance, or as directed by the Community Redevelopment Agency Board. B. MINIMUM REQUIREMENTS AND QUALIFICATIONS 1. The primary designated attorney assigned to the Boynton Community Redevelopment Agency must be a member in good standing of the Florida Bar and have a minimum of seven (7) years experience practicing in Florida including five (5) years experience representing one or more community redevelopment agencies, downtown development districts, local planning agencies, municipalities or counties in Florida. 2. Any attorneys other than the primary designated attorney representing and providing legal services to the Community Redevelopment Agency of Boynton Beach must have a minimum of five (5) years experience of practicing local government law. 3. Within thirty (30) days of initiation of any agreement for services, the attorney or the lead attorney of any firm shall become or shall maintain membership in the Florida Redevelopment Association. C. NEGOTIATIONS The Community Redevelopment Agency reserves the right to negotiate the fees, terms, and conditions in this contract. SECTION 3 - INSTRUCTIONS TO RESPONDENTS A. RESPONSES Respondents are hereby requested to submit a "Response to Qualifications and Proposals for Legal Services to the CRA" on or before (but not later than) 3:00 P.M., Thursday, September 19, 2013. The Respondent should submit a sealed package containing: one (1) original and ten (10) copies of their Statement of Qualifications indicating their qualifications and any backup materials and outlining their ability to provide the services outlined herein: an electronic file of the Statement of Qualifications and backup materials in MS Office or portable document file (PDF) compatible format, AND the Respondent shall also include in the package a separately sealed envelope containing written hourly rates for any and all employees or associates anticipated to provide services under any resulting contract. B. SUBMISSION REQUIREMFN t S All Statement of Qualifications must be submitted and mailed or hand delivered to Boynton Beach CRA Vivian Brooks. Executive Directo! 710 N. Federal Highway Boynton Beach. FI. 33435 The Solicitation title "CRA Request for Qualifications and Proposals for Legal Services" - should be plainly marked on the outside of the package. it will be the sole responsibility of the Respondent to ensure that the Statement of Qualifications reaches the office of the CRA on or before the closing hour and date shown on the Solicitation cover (page 1 ). No submittals will be received. accepted, or considered after said time and date. unless the CRA. in its sole discretion reasonably exercised. elects to extend the time for submission and receipt of submittals Telegraphic., faxed. or mailed submittals will not be accepted. D. INQUIRIES, ADDENDA ANI) MODIFICA FIONS The Respondent must direct any inquiries to the CRA Executive Director v` IN ian Brook by email at °took v I &hot, . . SECTION 4 - TERMS AND GENERAI C'ONDI"I iON A. SELECTION The CRA Board will review and publically rank all submittals meeting the minimum requirements at the October 8. 2013 CRA Board meeting The Board need not rank more than five (5) proposers. Prior to ranking, the Board shall take input from the Executive Director and members of the public 1 'pon ranking of an attorney or firm by the h\ the CRA Board, the CRA Board or their designee, shall enter into negotiations with the top ranked proposer. At the conclusion of the negotiations with the firm or individual, the agreement will be submitted to the CRA Board for approval. If negotiations fail with the top proposer. the Board shall continue with the next highest ranked proposer until an agreement is reached. The CRA reserves the right to accept or reject any or all submissions, request resubmissions and to enter into negotiations with Respondents as warranted. The CRA reserves the right to award a contract to the firms or individual whose submissions are most advantageous to and in the best interest of the CRA The CRA shall be the sole judge of which submission is in its best interest and such determination shall be reflected in the Board's ranking of the top five proposers The CRA shall further reserve the right to waive and determine the nature of any minor irregularities. A minor irregularity is a variation from the Solicitation, terms and conditions which do not constitute failure to substantially comply with requirements set forth in this request. A Respondent may not modify its statement after submission. B. PUBLIC RECORDS Once opened by the CRA, a response to this Request for Statements of Qualifications is a public record under Chapter 119, Florida Statutes. Any Respondent awarded a contract under this Solicitation will be required to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Respondent in conjunction with such contract. D. LEGAL MALPRACTICE PROFESSIONAL LIABILITY Respondents agree to maintain Legal Malpractice Professional Liability at a limit of liability not less than $2,000,000 Per Claim, and $2,000,000 Annual Aggregate in a policy acceptable to the CRA. BOYNTON c RA „,„ t--,.:,, ....... BEAC CRA BOARD MEETING OF: August 13, 2013 Consent Agenda i Old Business X New Business 1 1 Legal i Information Only SUBJECT: Consideration of Terminating the Request for Qualifications for Professional Services SUMMARY: At their regular meeting held on May 14, 2013, the CRA Board approved the issuance of a Request for Qualifications for Professional Services (RFQ) in the areas of architecture, engineering, landscape architecture and marine engineering (see Attachment I). The RFQ was released on May 16, 2013 with a deadline for submittal of June 24, 2013. As a result, the CRA received 42 responses from qualified firms for all areas of expertise requested in professional services RFQ (see Attachment II). When compared with the list of potential and future projects being discussed by the CRA at this time, the need for ongoing professional services contracts is found to be unnecessary. The list of qualified professional services of respondents will be utilized when issuing future RFQs or bids for specific projects under the guidelines set forth under the CRA's purchasing policy. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision & Master Plan, Federal Highway Corridor Community Redevelopment Plan, Boynton Beach Community Redevelopment Plan (1983), Heart of Boynton Redevelopment Plan. RECOMMENDATIONS /OPTIONS: Approval to terminate the Professional Services Request for Qualifications for Continuing Contracts for Design and Engineering Professional Services and reject any and all qualified responses to the RFQ. 7 l C, � �/ i 1--,>G Michael Simon Development Director T•\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 2013\Aug 13 \Professional Services RFQ Cancellation.doc ATTACHMENT I i BOYNTON r =BEACH 1‘,,, RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS For Continuing Contracts for Design and Engineering Professional Services Issue Date: May 16, 2013 Issuing Entity: Boynton Beach Community Redevelopment Agency ( "CRA ") Contact Person: Michael Simon, Development Director Tel: (561) 737 -3256 Ext.206 — Fax: (561) 737 -3258 Address for Submittal: Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 RFQ Submission Due Date: June 24, 2013 at 3:00 pm (local time) Term of Engagement: For selected firms, initial two (2) year term with the option for up to three (3) annual renewals subject to the mutual agreement of both parties. RFQ's will be opened in: CONFERENCE ROOM — CRA OFFICES Unless otherwise designated Responses received after the above submission date and time will not be considered. The CRA time of receipt notification shall be conclusive as to the timeliness of filing. The CRA is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a response can be considered The CRA reserves the right to consider responses that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the proposal and no award has been made. The CRA reserves the right to accept or reject any response or any part thereof or any combination of responses and to waive any or all formalities. The following language is made a part of and is to be included in the specifications hereto attached: SCOPE OF SERVICES: The objective of this Request for Qualifications Invitation ( "RFQ ") is to solicit proposals from various design and professional firms, having a favorable local and /or national reputation to provide architecture, site planning, landscape architecture, civil l engineering. traffic engineering. and marine engineering to the CRA for assignments to<gical{ tied to the development, operation. and maintenance of the CRA Background: The Boynton Beach Community Redevelopment Agency t,CRA► is seeking statements o' qualifications for various design and professional services to he provided on an on -going and'oi rotating basis The contract between the CRA and the selected firms shall be a Continuing Contract as defined in Florida Statute Section 287 055(21(gl and subject to the limitation necessary to qualify as such Services desired include. but shall not necessarily be limited le architecture. site planning, landscape architecture. civil engineering. traffic engineeung. and marine engineering The CRA guides redevelopment activities that w ill create a y ihrant downtown core and revitalized neighborhoods within the - - 1.6.50 acre district in eastern Boynton Beach SinLe adoption of the Boynton Beach 20/20 Redevelopment Master Plan in 1998, the Federal Highway Corridor Plan and the 2009 Downtown Vision & Master Plan, the redev elopment area has grow t physically and tax increment revenues hay e also grown accordingly This physical and fiscal growth has generated sufficient tax increment rey enue and bonding capacity to enable the CRA to undertake and complete a wide range of projects such as the Boynton Beach Boulevard Extension & Promenade Intracoastal Walkway. acquisition alio reconstruction of a 19 slip marina and fuel dock, design & construction of a new marina area entry feature, design & construction of the Ocean Avenue Amphitheater and the relocation reconstruction of an historic residential structure into a restaurant The CRA acquired dilapidated single residential structures and vacant lots for use in creating new workforce infill housing opportunities within the district's Heart of Boynton Neighborhood and prox idea Homebuyer Assistance Programs to local residents meeting specific income requirements Future CRA projects include public improvements such as parking lots. sidewalk connector historic preservation rnitiatl\-es, street beautification & improvement protects ,'ommeicial .' economic development projecis and mnfill housing In order to accomplish the numerous public improvement projects that arc being considered. it is the CRA's intent to select a maximum of three qualified firms in each of the service categories 1,, provide the desired professional sen. ices for completion of each project Respondents to this Request for Qualifications ( "RFQ") can be firms that provide all services or films that pro idc one or more of the desired sexy ice categories The CRA intends that firms selected w ill pro id, on -going services on a rotating basis or other basis as determined at the sole discretion of the CRA Design and engineering professional service categories desired by the CRA ale ,,- follow s. • Architecture It is anticipated that the architects selected will provide consulting as wel as design services including conceptual. schematic_ site design development and o' construction documents for public buildings (pay ikons, park structures, etc ). as well as affordable housing projects and adaptive reuse /restoration of existing buildings with historic character. • Landscape architecture. It is anticipated that the landscape architects selected will provide consulting as well as design services related to conceptual, schematic, design development and/or construction documents for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights -of -way and easements. • Civil engineering. It is anticipated that the civil engineers selected will provide consulting as well as design services related to conceptual, schematic, design development and /or construction documents for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights -of -way and easements. • Traffic engineering. It is anticipated that the traffic engineers selected will provide general traffic consulting as well as conducting various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. • Marine engineering. It is anticipated that the marine engineers selected will assist with design and construction of improvements to the recently acquired waterfront and marina property acquired by the CRA, as well as other marine related tasks. Statements of Qualifications: Interested firms shall provide the following information in the following format: Section I — Cover letter — Include a cover letter which will provide a brief summary of the firm, what category(ies) of services the firm is desirous of being considered for, and who the principal point of contact will be for the services. It is the desire of the CRA to have one (1) point of contact for these services. Section II — Finns qualifications — Provide a detailed description of the firm in relationship to the services being offered. This section shall include: • A detailed description of experience and qualifications for the services being offered including but not necessarily limited to: o Years providing the services being proposed. o References for similar services being proposed. o List of projects, including location and description. • Organizational chart listing the principal point of contact, key professional staff, and other key support staff who are anticipated to work on CRA projects, and illustrating how the company is organized to provide the services being offered. • Any licenses, certifications or other related professional credentials held by the company. • Information on professional liability, workers compensation and other appropriate insurances carried by the company. • List and description of any outstanding claims against the company 3 • List and description of any projects from which the company has been relrev ed of duty • Other appropriate information as determined by the company Section III — Key personnel qualifications — Provide a detailed description of the individuals ant, their qualifications in relationship to the services being offered This section shall include • A list of each person anticipated to provide service for the CRA under this solicitation and their relevant experience including Education. Years of experience References for similar sen ices being proposed List of projects Any licenses, certifications or other related professional credentials held by thr individual, Other appropriate information as determined by the compan, Companies which offer then services for any category of ser\ ice noted abotie acknowledge that the personnel described in their statement of qualification are an important component 1, selection Further, it is the obligation of any firm selected to immediately notify the CR A if oni, or more of the key personnel become unavailable to work on CR A projects on either a permanent or temporary basis Removal. replacement and, or substitution of any kex personnel may cause the company to be disqualified from proxrdrne sere ice to the ('RA at the ( R \ sole .tn absolute discretion Section IV — General Business Terms -- Provide the general business terms under which the company typically provides services Those general business terms shall include • Typical lee structure — the company shall pro ide a list of positrons OA hrch shall also correspond to the key personnel described in Section I11). and the hourly billing rate associated with each of those positrons Companies offering their qualifications tor consideration agree lo pro ide sere ices a appropi rate, under the tombvv mg Ls structures L ump sum fee When a scope of sere ices can he clearly outlined and the level in effort for those sery ices can be determined, the CRA shall require the Lonsultar to perform said services for a lump sun tee hased on an anticipated ley el services applied to the hourly rates required herein Hourly /Not -to- Exceed When a scope of setv ices cannot be eteark defined terms of ley el of effort 01 the level of effort of a defined scope of sery ices canner' he precisely defined, the CRA will consent to an hourly billing on a not- to- exceee dollar amount basis The CRA will require that when billings reach 75 "t of the not -to- exceed amount the consultant must notify the CRA m vv riling and pro ldL an estimate of the level of effort to complete the work assigned \i the CRA sole and absolute discretion the sere ices nma\ he allowed to continue or the CR \ may elect to terminate the services and the Finn ti sufficient progress has not been made on the project • Contract form — the company shall provide their standard form written contract which is used with other similar design and /or consulting services. The CRA shall consider the standard form and at the CRA's sole and absolute discretion may reject or revise certain provisions if they are determined to be unacceptable, or may propose its own contract. • Fees, Term and Termination — the CRA intends to enter into Continuing Services Contracts with selected firms for work of a specified nature as outlined in the future contract required by the CRA. The Continuing Services Contracts may have no time limitation. The contract must provide a termination clause, pursuant to the definition of "continuing services contracts" as set forth within section 287.055(2)(g), Florida Statutes. However, generally, the CRA intends to enter into agreements with selected firms for an initial two (2) year term with the option for up to three (3) annual renewals subject to the mutual agreement of both parties. The future agreements will provide for a termination clause stating that services may be terminated by either party with 30 -days written notice to the other. Selection Process: All statements of qualification are encouraged to be brief and to the point. The CRA staff plans to review the responses and may conduct interviews prior to establishing a short list of firms for selection. Statements of qualification will be reviewed, rated and ranked based on the following: • Firms qualifications • Related Projects • Qualification of key personnel • Acceptability of fee structure The CRA reserves the right to consider any and all information provided by the company in its statement of qualifications and to accept or reject any or all statements at the CRA's sole and absolute discretion. Interested parties are required to submit one (1) bound original and one (1) unbound copy and one (1) copy on disc or external jump drive of their statements of qualification on or before 3:00 pm, June 24, 2013 to: Vivian Brooks, Executive Director Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 Timeline: May 16, 2013 Issuance of Request for Qualifications June 24, 2013, 3:00 pm Deadline for Submittal of Request for Qualification Packages July 9, 2013 Selection of short list of proposers by CRA Board August 13, 2013 Contract Approval by CRA Board 5 Facsimile transmissions and electronic submissions will not be accepted Any response received by the CRA after 3:00 pm on June 24, 2013 will be rejected and returned. unopened. the proposer. Any question regarding whether a submittal has been submitted timely shall h: resolved by reference to the time kept by the CRA delegated representative for the receipt submittals. The CRA staff will review the statements of qualification and intends to short list a maximum three (3) firms in each of the categories of service. but may select more or less at staffs sole and absolute discretion Upon short- listing, staff may request that its Board approve services agreements to be executed with each firm selected outlining the general services to be pro idee the rates of pay and method of providing services. This services agreement w ill not ser' e as notice to proceed but will provide the basis for future notices to proceed on specific protect Specific projects will be contracted for only after funds are appropriated as needed) and written notice to proceed is issued Contacts: All correspondence and requests for information regarding the request for proposals should he directed to Michael Simon. Development Director Boynton Beach CRA 710 N Federal Highway Boynton Beach. Ft 33435 E marl simonin a;bbfl us Telephone (561) 737 -3256 ext 206 Website www hovntonbeachcra com Protests: Any and all decisions by the CRA Board to modify the schedule described herein. requests for additional information. ielect insufficient or unclear pioposals. foinnulate an oblectrve posit system for review . rate and rank proposals. negotiate agreements. abandon negotiations, approv agreements. etc _ shall he at the (RA's sole discretion and no protests whats e ei ,hall }, considered by the CRA Board Submittal of a reply to this RFP on the pan >= anti ;incl proposers constitutes acceptance of this pohc) Public Records: Florida law provides that records of a public agenc} shall at all times he open for personal inspection by an person Section 119 01. F 5 . fhe Public Records Law information auo materials received by the CRA, in connection with a submittal shall he deemed to he public records subject to public inspection However. certain exemptions to the public records law are statutorily provided for in Section 119 07. F S If the Proposer believes any of the information contained m its Submittal of Proposals is exempt from the Public Records Law. then the Proposer must in its response specifically identify the material which is deemed to be exempi and cite the legal authority for the exemption and the CRA w ill ev aluatc the material it determine whether it is exempt from the Public Records Law. Otherwise, the CRA will treat all materials received as public records. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products /services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Druz Free Workplace: As set forth in Florida Statute 287.087, whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid or proposal, or reply received form a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. All Proposers claiming to have a drug free workplace program must complete and sign the attached "Drug Free Workplace Program Certification" form, if valid, and submit it with their Proposals. 7 DRUG FREE WORKPLACE PROGRAM FORM The undersigned Proposer in accordance with Florida Statute 28 087 hereby certifies that (Name of Business) maintains a drug -free workplace, program. and that the following conditions are met (1) Publish a statement notifying employees that the unlawful manufacture. distribution dispensing, possession, or use of a controlled substance is prohibited in the w orkplace: anti specifying that actions will be taken against employees for violations of such programs (2) Inform employees about the dangers of drug abuse in the workplace, the company's policy (,t maintaining a drug -free workplace. any available drug counseling, rehabilitation. and employe assistance programs, and the penalties that may he imposed upon employees for drug abuse violations (3) Give each employee engaged in providing the commodities or contractual services inctudeo in this RFP a copy of the statement specified m Subsection t f (4) In the statement specified in Subsection (1). we notify the employee that. as it condition o: working in the commodities or contractual services covered under this RFP. thev v 111 abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty it nolo contendere to any violation of Chapter 893 or any controlled substance law of the 1. niteo States or any state. for a v iolation occui7 ing in the vv orkplace no later than ti' r . 5 I day ark such conviction (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance of rehabilitation program if such is available in the employee Lommuna h' any employee Neil; is convicted (6) Make a good faith effort to continue to maintain drug -trek. vkorkplaee through. implementation of this section As the person authorized to sign the statement. 1 certify that this fini1 complies hilly ea ith the above requirements Authorized Signature - Dale - Print Name & Title SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Boynton Beach Community Redevelopment Agency by (Individual's name and title) For (Name of entity submitting sworn statement) Whose business address is And (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 1. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or a of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 3 1 understand that an "affiliate' as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those 9 officers. directors, executives. partners. shareholders, employees. members. and agent who are active in the management of an affiliate The ownership b1 on(; ! ) person shares constituting a controlling interest in another person. or a pooling of equipment income among persons when not for fair market value under an arm s length agreement shall be a prima facie case that one person controls another person "v person wh, knowingly enters into a ,joint venture with a person ,vho has been conv icted of ;t public entity crime in Florida during the preceding thirty -six (36) months shall be considered ar; affiliate 4 I understand that a 'person "" as defined in Section 28 1 33( I (c). 1 iorida Statutes, means any natural person or entity organized under the laws of any state or of the t, , minted State - with the legal power to enter into a binding contract and which bids or applies to hid d o contracts for the provision of goods or services let by a public entity, or which other transacts or applies to transact business with a public, entity 1 he term `person include those officers, directors. executives. partners. shareholders employees members, ano agents who are active to management of an entity 5 Based on information and belief. the statement w hich 1 hay e marked below is true in relation to the entmtl submitting this svc orn statement 01 ou must indicate wine)! statement applies 1 Neither the entity submitting this sworn statement. nor any officers. director executives, partners, shareholders. employees. members. or agent who is activ to managemcnn of the entity. nor the affiliate of the entity has been charged with and eon meted of a nubla entity crime subsequent to July 1, 1989 fhe entity submitting this sworn statement. oi one in more ot the officers directors. executives, partners. shareholders, employees. members or agent who are ac 1iv e management of the entity, or an affiliate of the entity. has been charged with and convicted of public entity crime subsequent to Jul.\ 1 1989 1 he entity submitting this sworn statement, to one or more 01 the offices s directors, executives. partners, shareholders. employees. members or agents who ,1R' acts e ,. management of the entity. oi an affiliate of the entity. has been charged w nth and con\ icted of ., public entity crime subsequent to Jul \ I. 1989 flow ev el there has been subsequent proceeding before an Administrativ e 1 ay+ jury ilk state 00 Honda Division ision Administrative Hearings and the Final Order entered by the " \clmmnmstrauv e 1 avv lure determined that it was not in the public interest to place the entity submitting this ' opt statement on the convicted vendor list (You must attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY IS FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PRIOR TO ENTERING IN TO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287 017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM SIGNATURE DATE State of County of Personally appeared before me, the undersigned authority, Iname of individual signing) who, after first being sworn by me, affixed his /her signature in the space provided above on the day of , 20 . NOTARY PUBLIC My commission expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL 11 ADDENDUM No. 1 Date: June 18, 2013 Issued by: Boynton Beach Community Redevelopment Agency REQUEST FOR QUALIFICATIONS Continuing Contracts for Design and Engineering Professional Services RFQ Issue Date: May 16, 2013 Submission Deadline Date: June 24, 2013, no later than 3pm The CRA is issuing the following revision to the Request Ii r Qualifications document Section IV — General Business Terms (page 4 of II) is hereby omitted from the Request for Qualification document in its entirety and any firm or fir,ts having submitted an RFQ package to the Boynton Beach CRA prior the issuance of this Addendum I shall have any and all documents pertaining to this Section returned to them after the submission deadline has expired. Selection Process: (page 5 of II) is hereby amended to read as follows: All statements of qualification are encouraged to be brief and to the point. The CRA staff plans to review the responses and may conduct interviews prior to establishing a short list of firms for selection. Statements of qualification will be reviewed, rated and ranked based on the following: • Firms qualifications • Related Projects • Qualification of key personnel The CRA reserves the right to consider any and all information provided by the company in its statement of qualifications and to accept or reject any or all statements at the CRA 's sole and absolute discretion. Interested parties are required to submit one (1) bound original and one (I) unbound copy and one (I) copy on disc or external jump drive of their statements of qualification on or before 3:00 pm, June 24. 2013 to: Vivian Brooks, Executive Director Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 ATTACHMENT II RESPONDENTS TO RFQ FOR PROFESSIONAL SERVICES Services Offered: Architecture Landscape Architecture Name of Firm Address Civil Eng. Traffic Eng Marine Eng. Other Services Not requested but add value 907 ` t arte Ste JufNte 1 2GHO & Associates ril. 3345 =n 1'- are'rchite( 110 E Broward Blvd Ste 700 Fort 2 TBG Partners Lauderdale, FL 33301 Landscape Architect� 464 South Dixie Highwav (:oral Gables ‘I,_ 3 Coastal Systems International, Inc 3314( Marine Engineerrnc. 1675 Palm Beach Lakes Blvd Ste 210 4 Taylor Engineering, Inc West Palm Beach FL 3340' Marine Engineering 5 Sea Diversified, Inc 21 NW 2nd Street Defray Beach, FL 33444 Marine Engineerinc; 4643 S Clyde Morris Blvd Unit 302 Port Marine Engineering 6 Dredging & Marine Consultants (DMC) Orange FL 32129 Conceptual Design Applied Technology & Management 2047 Vista Parkway, Ste 201 West Palrr 7 (ATM) Beach FL 334' Marine Engineennc 220 Congress Park Drive Ste 138. Delray 8 Coast Harbor Engineering Beach FL 33445 Marine Engineering Landscape Architecture Civ 2200 Park Central Blvd . North Ste 100 Engineering Traffic 9 IBI Group (Florida) In Pompano Beach FL 33064 Engineering Architecture 5601 Corporate Wav Ste 200 West Paine Civil Engineering 10 Simmons & White Beach FL 33407 ngmeer nc 1402 Royal Palm Beach Blvd Ste 500 Civil Engineering Traff'r 11 Erdman Anthony Royal Palm Beach FL 334' ` Enoineennc 19940 Mona Road Ste 4 1 equesta F, 12 Dover Engineering PLLC (DE) 33469 Civil Engineerinq 3325 S University Drive Ste '11 Dave 13 Ross Engineering FL 33328 ;lull Engineering 1600 N Oakland Park Blvd H t 14 Sun -Tech Enghineenng Lauderdale r 333 Cavil Engineering /Surveying 15 Engenuity Group, Inc 1201 Belvedere Rd WPB FL 33405 evil Engineering 7777 Glades Road Ste 410 Boca Raton A 0 A.. ....., I.... ir'AC1 El 49A4.1 r'■,nl Cnnnoormn Services Offered: Architecture Landscape Architecture Name of Firm Address Civil Eng. Traffic Eng. Marine Eng. Other Services Not requested but add value 722 N Dixie Hwy , Ste 201, WPB, FL 17 Keshavarz & Assoc 33401 Civil Engineering 18 CES Consultants, Inc 3876 SW 30th Ave., Hollywood, FL 33312 Civil Engineering Civil Engineering; Traffic 1641 Worthington Road, Ste 400, West Engineering; Marine 19 Stanley Consultants, Inc Palm Beach, FL 33409 Engineering 4101 Ravenswood Road, Ste 113, Fort Architecture, Civil Engineenng, 20 CIMA Lauderdale, FL 33312 Construction 210 S.W Natura Avenue, Deerfield Beach, Architecture, Civil Engineering; 21 Crain Atlantis Engineering, Inc. FL 33441 Construction Landscape Architecture; Civil Engineering; Traffic 560 Village Blvd., Ste 340, West Palm Engineering, Marine 22 Calvin, Giordano & Associates, Inc Beach, FL 33409 Engineering The Offices at CityPlace North, 477 S Rosemary Avenue, West Palm Beach, FL 23 Mathews Consulting 33401 Civil Engineering Civil Engineering, Traffic 6500 North Andrews Avenue, Fort Engineering, Landscape 24 Keith and Schnarsw, P A (K &S) Lauderdale, FL 33309 Architecture Full Service - Architecture, Landscape Architecture, Civil Engineering; Traffic 1800 Eller Drive, Ste 500, Fort Lauderdale, Engineering, Marine 25 Synalovski Romanik Saye, LLC (SRS) FL 33316 Engineering 508 E Boynton Beach Blvd., Boynton 26 Miller Land Planning, Inc Beach, FL 33435 Land Planning, Site Planning TEAM - Architectural, Planning; Landscape Architecture, Civil 300 Clematis Street, 3rd Floor, West Palm & Traffic Engineering; Marine ?7 REG Beach, FL 33401 and Geo Engineering 1400 NW 107th Avenue, Ste 211, Doral, 28 Arlotta, Bazo & Associates, Inc FL 33172 Architecture 400 Australian Ave., 6th Floor, West Palm 29 Song + Associates, Inc Beach, FL 33401 Architecture 2 Services Offered, Architecture Landscape Architecture Name of Firm Address Civil Eng. Traffic Eng Marine Eng. Other Services Not requested but add value <« 310 :Nest Browara Blvd P=antatiol 30 CPZ Architects inc '33'� 7 700 congress Avenue Ste 1 4 Boca 31 AW Architects. Inc Raton Ft_ 33487 ,rrhitecture 625 Casa Loma Blvd #106 Boynton 32 HNM Architecture Beach FL 33435 Architecture 185 NE 5th Avenue Ste 10 Delray 33 Currie Sowards Aguila Architects Beach FL 33483 Architecture 791 Park of Commerce Blvd Suite 400 34 PGAL Boca Raton FL 33487 Architecture Architecture Landscape Architecture Civil Engineering 35 CPH 1992 SW 1st Street, Miami FL 33135 anc Traffic Engineermu TEAM - Archrtectuft 900 SE 3rd Avenue, Ste 203 Fort Landscape Architecture Civi 36 Bermello Ajamil & Partners, Inc (B &A) Lauderdale FL 33316 Engineering Geo Engineering T EAM - Architecture Landscape Architecture Civil 500 Australian Avenue South Ste 530 Engineering Traffic 37 Chen Moore and Associates (CMA) West Palm Beach FL 3340 Engineering Geo Engineennc TEAM Landscape Architecture, Civil Engineering, 1690 S Congress Avenue Ste 100 Delray Traffic Engineering Marine 38 Kimley -Horn and Associates Inc Beach, FL 33445 Engineerinc TEAM - Architecture Landscape Architecture Civ Landmark Center Two, 225 E Robinson Engineering Traffic 39 Vanasse Hangen Brustline Inc (VHB) Street Ste 300 Orlando FL 32801 Engineering TEAM Arcnitecture Landscape Architecture Civ Land Developers Consortium (LDC) and 3000 High Ridge Road. Boynton Beach FL Engineering Traffic 40 Thomas Architecture + Design 33426 Engineering Services Offered: Architecture Landscape Architecture Name of Firm Address Civil Eng. Traffic Eng. Marine Eng. Other Services Not requested but add value TEAM - Architecture, Landscape Architecture, Civil Engineering, Traffic 7800 Congress Avenue, Ste. 200, Boca Engineering, Marine 41 URS Raton, FL 33487 Engineering 3563 NW 53rd Street, Fort Lauderdale, FL Landscape Engineering, Civil 42 Craven Thompson & Associates, Inc 33309 Engineering 4 BOYNTON c =BEACH, CRA BOARD MEETING OF: August 13, 2013 Consent Agenda Old Business X New Business Legal Information Only SUBJECT: Consideration of the Planning and Development Board's Condition of Approval for Two Additional Handicap Parking Spaces for the CRA's Site Plan Application for the proposed Public Parking Lot at NE 1 Street and NE 1 Avenue SUMMARY: As per the CRA board approved project budget for Fiscal Year 201312 -2013, CRA staff has been involved in the design phase and site plan approval stage for the construction of the proposed Public Parking Lot on the CRA property located at the northeast corner of NE 1 Street and NE 1 Avenue, the former site of the Jones Cottage structure (see Attachment I). On July 24, 2013, the project was presented to the City of Boynton Beach Planning & Development Board for site plan review and approval by CRA staff and the engineering design firm of Kimley Horn & Associates (see Attachment II). The site plan as designed was supported by City of Boynton Beach Planning & Development staff as well as members of the public who were in attendance at the meeting. As a result of the project's site plan presentation, the Planning & Development Board recommended the project for approval with the recommendation that the CRA redesign the parking lot to include two additional handicap parking spaces The City's Land Development Regulations require only three handicap spaces which were included in the site plan as presented and supported by City staff. In order to accommodate the recommendation made by the P & D Board, the current site plan design would have to be redesigned to eliminate one non - handicap parking space along with curbing and landscape island adjustments. Prior to the project appearing before the City Commission for review and approval at their August 20, 2013 meeting, CRA staff is requesting CRA Board direction to reject or support the P & D Board's recommendation FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision & Master Plan, Federal Highway Corndor Community Redevelopment Plan, Boynton Beach Community Redevelopment Plan (1983), Heart of Boynton Redevelopment Plan RECOMMENDATIONS /OPTIONS: Reject the recommendation made by the P & D Board to add two handicap spaces. Michael Simon, Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 2013\Aug 13 \P &D Cond of Apprvl for parking lot doc ATTACHMENT I U c < C uis Ce c rii O O U CU '+� = O . o 1(((r E 2 fp 0 O (15 2 2 1.4 I z co (1) 6- H n 0 n o Cr a) CO u LA .4...i c cc 0 _._, ---==. - , „ IR . . . Pk . #111111111111- 777 1—k, g , , . -71 4A he , r c dill N • a cn • C Q� CL U z • 9' I,: ` LIM U U f6 co (6 _ 4) N v N �� p m m p 11J c o N 0 Q , `- ' C M C v i G i =� I r 1 l I m z 4 f. 4 4 i ' . , , i 4. • , i 4 1 T: =,.. i ht, ., , t ,... 4 a ,per .,. r vw. _ Y ir CL' < Ul t YY I t oh , n1 • C 0 # i ( U h - . ',f „„,, L' _ 'k 1J'; 0 - At U .� - c13 _ r a) 0 T If L 3 ezpt ro , LA.449 '. i - .„ " ' - - . ,,,. 0 . 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Ni E c 9§1.' < V<c A . ,,k , = „ E J 3i<g cq tic OY b1g iJ r a a k$ L . . I J W4i e:° a i k a a a P: 1 g4 n IOU fTgAg £ i ; t I a 1 t 4 •? ATTACHMENT II • _ CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA ;.a DATE: Tuesday, July 23, 2013 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3 Agenda Approval 4. Approval of Minutes from May 28, 2013 meeting 5 Communications and Announcements Report from Staff 6 New Business. A. Public Parking Lot (MSPM 13 -002) - Approve Major Site Plan Modification to construct a public parking lot on a 0.65 -acre parcel located at 201 NE 1 Street, in the R3 (Multi Family Residential) zoning district to support businesses and redevelopment efforts in the immediate vicinity. Applicant. Vivian Brooks, CRA Director 7. Other 8 Comments by members 9. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE 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 CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. D3.,umeriL6 NEW BUSINESS 6.A Public Parking Lot (MSPM 13 -002) Major Site Plan Modification DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-024 TO: Chair and Members Planning & Dove{ m nt Board THRU: Michael Rump ` Director of Planning and Zoning FROM: Eric Lee Johnson, AICP, CFM, LEED Green Associate Planner II DATE: July 18, 2013 PROJECT: Public Parking Lot — 201 NE 1st Street REQUEST: Approve Major Site Plan Modification (MSPM 13 -002) to construct a public parking lot on a 0.65 -acre parcel located at 201 NE 1 Street in the Multi - Family Residential (R -3) zoning district to support businesses and redevelopment effort in the immediate vicinity. PROJECT DESCRIPTION Property Owner: Boynton Beach Community Redevelopment Agency (CRA) Applicant: Vivian Brooks, Executive Director of Boynton Beach CRA Agent: Jason Webber, P.E. of Kimley -Horn & Associates, Inc. Location: 201 Northeast 1s Street (directly east of City Hall) — see Exhibit "A" Existing Land Use /Zoning: High Density Residential (HDR)/Multi- Family Residential (R -3) Proposed Land Use/Zoning: No change Proposed Use: Public Off -Street Parking Area Acreage: 0.645 acre (28,121 square feet) Adjacent Uses: North: To the northwest, developed commercial property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); to the northeast, unimproved right -of -way (alley), still farther north is developed commercial property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); South: Right - of-way for Northeast 1 Avenue; farther south is developed multi- family residential property designated High Density Residential (HDR) and zoned Multi- Family Residential (R -3); Memorandum No P2 1.S ---_ Public Parking Lot (MSPM ;' -0n? East Right -of -way for Northeast 2 " Street, farther east is developed multi- family residential property designated High Density Residential iI " }R and zoned Multi - Family Residential (R -3') any.: West Right -of -way for Northeast 1''' Street, farther east is City Hail designated Public & Private Governmental /Institutional (PPGIk and zoned Public Usage (PU\ PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates The applicant has certified that signage is posted and notices mailed in accordance with Ordinances No 04 -007 and 05 -004 BACKGROUND Site Features: The 0 645 acre rectangular - shaped site is located within the Ocean Avenue Overlay Zone and the Ocean District Community Redevelopment Plan According to the survey, it is comprised of four (4) lots with frontage on the west and south property lines (Northeast 1s Street and Northeast 1J' Avenue, respectively) The east property line abuts right -of -way for Northeast 2 " Street, however, that portion of the roadway is only partially improved and is currently being utilized as the vehicular back -up area for the (non - conforming) parking spaces of Millicent Condominium With respect to the north property line, the western 90 feet abuts commercially -zoned property while the eastern one -half abuts an alley This alley once extended from Northeast 1 Street to Northeast 2 " Street but the western 90 feet was abandoned in 1988 pursuant to Ordinance 88 -BB The easternmost parcel (at the corner of Northeast 1s' Street and Northeast 1 1 Avenue) was once home to the historic Ruth Jones cottage However, in 2011 the 1940s -era house was moved from the subject property to its current location at 480 East Ocean Avenue to be used as a restaurant (The Little House) According to the survey, the highest ground elevation reading is 18 2 feet located near the center of the site The lowest readings are located near the easternmost portion of the site According to the site plan (sheet C4 00), the total impervious surface is 986 square feet, but that would change once the site is developed Proposal: Vivian Brooks, Executive Director of the Boynton Beach CRA is seeking major site plan modification approval to construct a public off- street parking lot that would accommodate 58 vehicles According to Part III (LDR). Chapter 3 Article IV Use Regulations, an off - street parking area (owned by the CRA) is considered "Government, Municipal Office /Emergency /Civic Facilities and is listed as a permitted use in the R -3 zoning district If this request for major site plan modification is approved, at the time of permitting, a unity of title will be required because the property is comprised of multiple lots (see Exhibit °C" — Conditions of Approval) ANALYSIS Concurrency: Traffic: No traffic concurrency is required for this type of project Memorandum No. PZ 13 -024 Public Parking Lot (MSPM 13 -002) School: No school concurrency is required for this type of project. Utilities: No potable water or sanitary sewer is needed for this type of project. Police /Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services Staff reviewed the site plan and all major concems have been addressed. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: Access to the subject site is proposed by creating two (2), 2 -way driveway openings - one along the west property line (Northeast 1 Street) and the other along the south property line (Northeast 1s Avenue). Parking: The project proposes a total of 58 parking stalls, three (3) of which would be designed for handicap accessible use All proposed parking spaces would conform to city standards with respect to dimension and configuration Two (2) spaces along the south property line would be designated for electric vehicle charging Landscaping: The tree disposition plan (sheet L0.00) indicates that 39 trees are located either on or near the subject property. Most of these trees would be removed or relocated in anticipation of the improvements proposed to the site. According to the site plan tabular data (sheet C4.00), when the project is completed, the total pervious surface would be 7,196 square feet or 25.5% of the site. The project proposes eight (8) different types of trees and seven (7) types of shrubs /ground cover on -site or directly within the abutting rights -of -way. The proposed plant material would be as follows Trees Quantity Shrubs /Ground Quantity Cover Cassia 5 Croton 25 Silver Buttonwood 9 Red Tip Cocoplum 126 Orange Geiger Tree 8 Green Island Ficus 764 Southern Live Oak 9 Dwarf Fakahatchee 54 Grass West Indian Mahogany 5 Blueberry Flax Lily 865 Cabbage Palmetto 3 Perenial Peanut 3,631 (new) square feet Cabbage Palmetto 4 Bahia Grass 6,856 (relocated) square feet Christmas Palm 12 AD plant material would have "low " / "medium" watering needs as recognized by the South Florida Water Management District (SFWMD) Waterwise manual or by staff. 3 Memorandum No PZ Public Parkina Lot (MSPM 1 �-0rj1 Any plant material proposed within the right-of-way would require the approval 01 ,- permit from the Engineenng Division (see Exhibit "C" .- Conditions of Approval Unique conditions associated with individual sites may justify the review and approval of alternate landscape designs that do not specifically comply with the landscaping requirements of Part III (LDR) Chapter 4, Article II A different design proposal may offer superior results or maximum achievement of the City's objectives that can only be accommodated through the provision and requirements of alternate compliance The proposed site design would deviate from three '3i landscape code standards, which are listed as follows Section 4.B.2 Landscape Strip Abutting Rights -of -Way In certain areas of the landscape strip along Northeast - 1st Avenue, the tree spacing is wider than minimum 20 -25 feet Section 4 B 3 Perimeter Landscape Buffers The entire length of the north landscape buffer would be less than the minimum five (5) feet that is required The landscape plan lacks plant material within a small portion of the north landscape buffer due to the required pavement needed for the vehicular turn around area within the parking area of the lot to the north Because of the requested deviations from the landscape standards, the applicant submitted an alternate landscape plan (ALP) in accordance with Part III (LDR) Chapter 4, Article II Section 5, and staff determined the ALP meets the purpose and intent of the regulations Staff determined the project would offer an alternate design that successfully mitigates the deficiencies, while providing landscaping in a manner that is equal to or exceeds the minimum required by code All properties have their limitations with respect to size and shape, and the subject site is no exception For this property the goal of the Boynton Beach CRA is to design the site with the maximum number of parking spaces possible The and development regulations will ensure that the site design would meet minimum standards, principally in this case, to have the space needed to accommodate the safe and efficient movement of vehicles As designed the project would provide landscaping that exceeds the minimum required by code However, it is important to note that the off-site improvements, particularly the landscaping proposed along the north property line, helps the project to meet its parking objective (and the intent of the code) without jeopardizing the integrity of the landscape strips along the east and south property lines where adjacent to residential properties Typically, a higher degree of protection is placed on those property lines (of commercial and industrial uses) where adjacent to Tess intensive and uses, such as residential zoning districts The northernmost extent of the parking lot is proposed to touch the (north) property line, without providing the space necessary for the required five (5) -foot wide landscape buffer To justify this deficiency, all plant material that would normally comprise the required landscape buffer (along the north property line) is proposed on the abutting lands outside the boundaries of the subject property This design may be allowed without the need for a variance provided that it meets Memorandum No. PZ 13 -024 Public Parking Lot (MSPM 13 -002) the purpose and intent of an ALP. As previously mentioned, the abutting and to the north was once comprised of a 20 -foot wide alley that extended from Northeast 1st Street to Northeast 2nd Street. However, the western 90 feet of this alley was abandoned in 1988, which left the remaining segment (approximately 222 feet) under public ownership as right -of -way. Under normal protocol, when a right -of- way is abandoned, the lands are simply divided in half and deeded equally to the abutting property owners. Since the alley was 20 feet wide and extended 90 feet in an east -west direction, the southem 10 foot wide half would be titled to the property owner to the south (currently owned by the Boynton Beach CRA) and the northern 10 foot wide half would be titled to the property owner to the north (currently owned by Gloria Weiss Realty). However, the survey shows the entire 90 foot wide segment of the former alley was titled to the property to the north (Gloria Weiss Realty), which may have been done in error Meanwhile, site improvements (e.g., 6 -foot tall buffer wall) have already been constructed within this questionable area of the former right -of -way. Staff understands that both parties (i.e., Boynton Beach CRA and Gloria Weiss Realty) are not disputing the boundaries of the former alley. In fact, both parties have agreed to all proposed off -site site improvements and for the existing buffer wall to remain in its current location Since this is the case, prior to the issuance of any permits, the applicant will be required to provide all the necessary documents and /or agreements (e.g., shared -use agreement, right -of -way permit, etc.) that are acceptable to the City Attorney, which allow for the placement of project landscaping /improvements on abutting lands or within rights -of -way (see Conditions of Approval — Exhibit "C ") The north landscape buffer (on the abutting lands) has been designed with two (2) halves, an eastern and a western. The eastern and western halves would be separated by a small area of impervious surface that is void of landscaping. The reason for impervious surface is to accommodate the vehicular turnaround area for the parking lot of the abutting property to the north The parking lot of the business to the north is non - conforming with respect to the minimum distance needed for vehicular backup, so staff has determined to retain the impervious surface on the subject lot in order to accommodate safer traffic movements on the abutting property. The eastern half of the north landscape buffer would be five (5) feet in width while the western half would only be two (2) feet in width, which is less than the minimum normally required by code With respect to the eastern half, the landscape plan proposes Silver Buttonwood trees that would be spaced 15 feet apart from each other, which exceeds the maximum tree spacing of 30 feet required by code. Redtip Cocoplum hedges are also proposed within this eastern half, as required by code. With respect to the western half where it would be only two (2) feet in width, the abutting commercial property to the north contains a six (6) -foot tall CMU wall in its southern landscape buffer. The presence of this wall effectively achieves the desired buffering effect between the two (2) properties. In addition, 10 small diamond - shaped landscape islands with Christmas palm trees in each are proposed within the parking area directly abutting the north landscape buffer Staff feels that the proposed tree spacing in the eastern half of the landscape buffer as well as the diamond - shaped parking islands in the western half, in addition to the other attributes of the landscape plan (itemized hereunder), justify the approval of all requested deviations from the minimum standards The west landscape strip adjacent to Northeast 1s` Street would be seven (7) feet in width and contain Silver Buttonwood trees (spaced 15 feet apart from each other), Redtip Cocoplum hedges, and Croton and Blueberry Flax Lily groundcover. In an effort to maximize the landscaping an reduce the high water demand associated with sod, Perennial Peanut groundcover is proposed within the right -of- 5 Memorandum Nc PT.. is - Public Parking Lot (MSPM 1 , - 002 way between the sidewalk and the pavement of the road (along Northeas' ' ' Street) The south landscape strip along Northeast 1 `" Avenue would be seven (7 i feet in width and contain Live Oak and Orange Geiger trees, Redtip Cocoplum hedges and Green Island Ficus groudcover Perennial Peanut groundcover is proposed within the right -of -way between the sidewalk and the pavement of the road (along Northeast 1s Street) The east landscape strip along Northeast 2 Street would be seven (7) feet in width and contain Live Oak (spaced 20 feet apart from each other) and Orange Geiger trees, Redtip Cocoplum hedges, and Green Island Ficus groundcover The parking area that abuts this landscaping strip has been designed with two (2) feet of pervious overhang area In addition which essentially provides for additional surface intended to maximize the landscaped effect of this strip Off - street parking areas are required to have a certain amount of landscaped areas (i.e., large and small islands) pursuant to Part III (LDR), Chapter 4, Article ll Section 4 A 12 For this project, the parking lot shall provide at least 1 450 square feet of landscape area, and each row of parking must be designed with a terminal landscaped island According to the site plan, the project would provide 3,940 square feet of interior landscaped area, which is more than double than the minimum required Each row of parking would have a terminal landscape !slang Building and Site: No buildings are structures are being proposed in connection with this site plan Building Height: No buildings are structures are being proposed in connection with this site plan Building Design: No buildings are structures are being proposed in connection with this site play, Site Lighting: The electrical plan (sheet E -04) proposes a total of 11 outdoor freestanding lighting poles, two (2) of which are designed with dual lighting fixtures The light poles /fixtures would be 17 feet tall (15 feet for the poles and 2 feet for the fixtures) In addition, seven (7) ground -level illuminated bollards, designed at 4 16" in height are proposed along the east property line With respect to proposed illumination levels all footcandle readings shown on the photometric plan (sheet E -05) would comply with the minimum required by Part III (LDR), Chapter 4, Article VII Exterior Lighting Levels Under normal circumstances, the maximum threshold for lighting allowed by code Is 5 99 footcandles The photometric plan shows that a few spot readings would exceed this threshold, the brightest of which proposed at 6 9 footcandles and located in the center of the parking lot A couple of bollard lights along the sidewalk on the east side of the site exceed the 5 99 maximum, but are only four (4) feet in height to illuminate the walkway The Land Development Regulations allow for exceptions to the maximum threshold, contingent upon meeting the purpose and intent of the Crime Prevention Through Environmental Design (OPTED) guidelines In this instance, staff from the Planning and Zoning Division and the Police Department support the proposed illumination levels, based upon enhanced safety, height of lighting fixtures, and centralized location of the increased lighting levels Memorandum No. PZ 13 -024 Public Parking Lot (MSPM 13 -002) Site Signage: The landscape plan shows that a decorative "public parking" sign is proposed at each point of ingress /egress. The wooden (pine) structure would be six (6) feet — nine (9) inches tall and be painted white with black lettering. A decorative post cap and finial would be placed at the top of the wood beam. Public Art: The applicant anticipates the total cost of improvements would be below $250,000; therefore, the "Art in Public Places" Program would not apply. RECOMMENDATION Staff has reviewed this request for Major Site Plan Modification and recommends approval of the plans presented, subject to satisfying all comments indicated in the Conditions of Approval (Exhibit "C"). Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S: \Planning \SHARED \WP \PROJECTS \Public Parking Lot - 201 NE 1st St \Staff Report.doc 7 EXHIBIT "A" - SITE LOCATION MA P PUBLIC PARK ING LOT ,_,,y.:.....„2,,,,,„,„:„.„,-..„,„,:„1,7 1 1 ,.... ,.. ,.,, '' '' 4', 4144,',,,.. , ..•■: ,- ;....i , Y..: , , , , ",', i..-..f. 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ALTERNATE " 3013 maw 17 RM= and ParddsK $ I eoYNroi�"e +cRA LANDSCAPE PLAN =-•• - R� �""' i 007N}0M WADI FLORIDA ® AMMAt7 -03 -3013 WORM Mi ,�/• EXHIBIT "B I I i li i �M f ' ~ ter �I C - . -� - -` /I," ; 7 NE 18T mar 1 / MATCHUNE - THIS SHEET If faillini ai 4111�!� _ _ FT S i , 7 ct 44 1 i l i - '"`• i ° Millilli aigNi '7 -\\::-. it wall + '� i , II, If v: II 1 :4,J1 , i ilia f 1 i 11 ' z N ° ' ' _ :: _.._ j 1r '.. V- ) q I - „ ri i 1 d i > 1 ,: '-' t r, ro ir'';• " i i i "ur ip F .. ... .4.,.., i J r Ile ,i1 4111111 i n I I AM , R 1 ,; a „ it , r- l 'i i . 0 A { �, 1 r �sar . 4 , _m `' f i ii E. OCEANAVENIIE i t- r, - Ti¢`ii it \ f f : - ��I 111 1 --T.0::--' —7— — — 's I 1 1 I ' 1 1 I I 1 { 1 9 TA .1 I N =' 111 ,1. Ito ; i I i if ii 1 1 .1 u i p di N l bl■ 0 1._ii h i 1 il i 1 ki 4 0 i 111 %A 1 ,1 111 ill !' 1 16111 # i � 1{ 1114"1,1 Ai 1 ** II RR a mc ti 1 PARKING s 1ST AVE ,eye" FYI] +=°M�� ll 1:5 AMP PIE iST. SITE PLAN k nI -� ' F _• .•,•.• eOYNtONBEACH ' mar F A 71112 .� r 101.011001 p�=101 OUCH IIdOA Mk ��IY F Aka a.� —.- 11. YE /r EXHIBIT „ _ �r--- - - -wM Rte. weYw. r /�� W +-r Nrwr— r— rr—.a...r riw�-- rrRiR..., �1r ♦ww.ti. - - ✓wsn —, N��w ear -w: f (� 0 r rr, - - - - - '♦it •41111 I, i 73 ' AP x t r e a., ig g F,i 8i o? Eq z 1 — Is —.— _ __ - rn 1 Q N I, �� � , ) 1 __ _ _ - 1 8' $ H og 0 i w :. a 0 r it 1 € 4 1 ira A1 4 i A a 8 €� _`. t f t� B i 4 l 6' rri O — / IF ik' V1 „, i Ki ' PI ' g T a 11. g S r a r pi! . o gi � w g5 I2 w ggR g ill ii ,IE .� a pa T H` G 9 � i i ili 16 li ■ PARKING LOT - NE 1ST AVE WOW u CMi � i m S AND NE 1ST ST POLE DETAILS & * w ruF. E NO ` .+aA..o�..ra w B OYNT O►�BEAC HCRA LEGEND �w we - - — , �I MN =wow 06 PPS wurw-,w w. YOOMI el BOYNTON BEACH FLORIDA nwEM 10 w.► we y M INwu 11:3310 EXHIBIT "B" .S �=G ` r , i,.U• it°arLost =2": .- P..° r.° °.. r. rA... ...-- wP+r11.- -.V.--- wurK°.. .s • ` 1 1 0 _,..5 1 5 `' r ► pM 6 1 C r 1 c ( 4 ^ i i '�e 5 b 5 1 i 6 �` l � M j • � . Is 6 6 E 6 6 i s 41: b; 6 I c # 4 ii 6 ' 1 6 6 6 i C' 6' .11` 6; a { st } ;. Fam 1'`� r 5 i 6 � , 6 ; 6 ° k s b ; r - = I Pss�� 6 6 6 --- It 5 6 6 i. ■ S: a � C E 6 C �� 1 i S 6q 7 G 'a 1 4 A 1 L . 4 i L WWI 6 t 6 S 6 ' s y et : C s ti 11 p - 4 { , 6 .I G 6 E i it i k S C = ;' 1. *° Rail '' I _ i �G 6 6 6 ^��s S 6 6 I ;: D :Mal �! 1 "a 6 l[ b 6 q j = ,--„.1 MAT E E ffi ci -i 6 � i El III 1 5 5 s C 6 5 5 6 i 6, s Ik ' I o . rn D tt tt ?I : i - 1/1;,,,h - 7.!.,L 411..... ' (r "ce �� i E 6 p i ° r i 5 C ii i Z b - � i 1 m ....r. s. a r s k b. s::; i i 1; 1 i a s -.-; i i i!; - - . } S i 1 C; T! N 1 _ ; ; ; t ; ; ; ; ; ; b ; ■ 1 6 IC -b, ,„\ 1 • f, I1 I N x I I \\ \\\ : \\ \ \\\\ \\\W :: 9 1 i l' x"'"° 1 r ri !til E 3 1 r ioraia e,up,¢ 1 NIF, • �� `-- 1 � , 8 . ` —' p`I ryo " , d - .�'1� � _ 'k O `, ;ic� c •k 1c . � � • 1 IA I'm. \\ ` • �' *,a. — %• —I -- - -I'—• I - -_ — — I i rn ��E11. 1 ! 1 N`M I . ir- r 8 ii ., ao P.m. M ! PARKING LOT - NE 1ST AVE w .:" . �« C� KNOWNOM AND NE 1sT ST. PHOTOMETRIC : um `"iv aid �1p Ansol'"'' P • 'R.w BOYNTON CRA P n .a..• .s P..�..,-- r %um •a, Po a.m... PLAN IY `l� PP.« Es PaAIVJk �PIVIA PY YP�. BOYNTON BEACH FLORIDA, 0.10 /117 IV WI. _ _ P., 1.01111014 ax i EXHIBIT (" Conditions of Approval Project Name Public Parking Lot - 2(0 NI 'tree' File number \1SPM 13 -002 Reference 2nd review plans identified as a Major Site Plan Modification with a June 11. 201 Planning and Zoning Department date stamp marking DEPARTMENTS i INCLUDE I REJECT' ENGINEERING / PUBLIC WORKS / FORESTRY UTILITIES Comments 1 On Sheet L -04 (Lighting Plan) review Clear Zone for recovery f. FDOT Green Book 2 Boundary Survey - -- label boundary survey sheet on cover sheet and clarify the ownership issue with the adjacent owner to the north side of parcel 3 The irrigation plan shall follow the Waterwise irrigation design guidelines when submitted to the City during the permit process 4 At the time of permitting. the applicant shall prov1de documents and /or agreements (e g , shared -use agreement, right- of -wav permit. etc ) that are acceptable to the City Attorneti which allow for placement of project landscaping /improvements on abutting, lands of within rights -of -way FIRE Comments None POLICE Comments N onc. BUILDING DIVISION Comments 5 Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must he submitted to the Building Division for review at the tune of permit application submittal The plans must incorporate all the conditions of approval I. as listed in the development order and approved by the City �) Commission. _ _ 4 6 The full address of the project shall be submitted with the I construction documents at the time of permit application submittal 1 The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department the City's GIS Division, and the Palm Beach County Emergencv 01 a Palm Beach County Planning, Zoning & Building Divi sion, 2300 N Jog Road, West Palm Beach, Florida 33411 -2741 (Sean — ��� j Public Parking Lot — 201 NE 1st Street (MSPM 13 -002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT McDonald — 561- 233 -5016) b United States Post Office, Boynton Beach (Michelle Bullard — 561 -734 -0872) PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments 7 If applicable, for projects with a valuation of $250,000 or more, the applicant is responsible for compliance with Ordinance 05 -060, the "Art in Public Places" program, and should indicate the proposed location and the type of the art work proposed on the site plan. 8 The improvements proposed to the NE 1s Street right -of -way of are not a component of this site plan and will be reviewed as part of the future Right -of -Way Permit submittal COMMUNITY REDEVELOPMENT AGENCY Comments None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments To be determined CITY COMMISSION CONDITIONS Comments' To be determined. S 1Planning1SHARED \WP \PROJECTS \Public Parking Lot - 201 NE 1st St \Conditions of Approval (Exhibit C) doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA PROJECT NAME Public Parking Lot -- 201 NE ' Street (MSPM 13 -002 APPLICANT Vivian Brooks, Executive Director of Boynton Beach CRP APPLICANT'S ADDRESS 710 North Federal Highway Boynton Beach FL 3343S DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION August 20, 201? APPROVAL SOUGHT Major Site Plan Modification to construct a public parking lot on a 0 65 -acre parcel located at 201 NE 1St Street in the Multi- Family Residential (R -3) zoning district to support businesses and redevelopment efforts in the immediate vicinity LOCATION OF PROPERTY 201 NE 1S` Street DRAWING(S)' SEE EXHIBITS "B" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requestea 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit °0 with notation "Included' 4 The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk 6 All further development on the property shall be made in accordance with the terms ana conditions of this order 7 Other _..- -- DATED City Clerk S \Planning \SHARED \WP \PROJECTS \Public Parking Lot - 201 NE 1st St \Development Order for MSPM 13 -002 doc BOYNTOFQ CRA BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda Old Business X New Business Legal Information Only SUBJECT: Request for First Amendment to Direct Incentive Funding Agreements, Phase I and II for Seabourn Cove to Correct an Error SUMMARY: The CRA entered into a Direct Incentive Funding Agreements (DIFA) on the Seabourn Cove development. Subsequently, the DIFA was bifurcated to accommodate the two phases of the project Included in the original DIFA was the requirement for two Electric Vehicle Charging Stations (EV's). When the DIFA was bifurcated the EV requirement was not separated between the two phases. The attached amendments correct this error. Also attached are the most recent aerials for the development which is located at 3501 S. Federal Highway and is substantially complete with 456 residential units. This is the project the CRA recently was recognized for by the Home Innovation Research Labs' Green Partners of Excellence. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the attached First Amendments to the Direct Incentive Funding Agreements for Phase I and II of Seabourn Cove. Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings'Aug 2013 \1st Amend DIFA Seabourn doc Gulfstream Gardens /Seabourn Cove Phase 1 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT This is a first amendment (hereinafter "First Amendment') entered into as of the das, ti 2013. by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part II1 of the Florida Statutes, (hereinafter referred to as "CRA "), with a business address of 710 North Federal Highway, Boynton Beach. Florida 33435 And GULFSTREAM GARDENS, LLC, a Florida limited liability company, with a business address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter referred to as the "Developer" and /or assigns, provided such are affiliates of the Developer. RECITALS• WHEREAS. the Developer and CRA initially negotiated a Direct Incentt‘e Funding Agreement (the '`Initial DIFA ") for Seabourn Cove Apartments Phase 1 and Phase 11. but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase. and thereafter executed separate DIFA on August 14. 2012. and WHEREAS, the separate DIFA" mistakenly failed to split the Initial DIFA requirement tor tv■ (2) EV charging stations into one (1) for each Phase. and WHEREAS, the parties wish to amend each DIFA to correct such error_ 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. Fhe foregoing recitals are true and correct at the time ul the execution of this First Amendment and are incorporated herein Section 2. Amendment to Section 7.1.1 of the Agreement. Section I f of the DIFA is amended to require only one (1) EV Changing Station Section 3. No Other Amendments. Except as set forth above the Agreement shall remain unmodified and in full force and effect IN WITNESS OF THE FOREGOING. the parties have set their hands and seals the day and year first above written. (SIGNATURES ON FOLLOWING PAGES( Page 1 of 3 WITNESSES GULFSTREAM GARDENS, LLC a Florida limited liability company By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of GULFSTREAM GARDENS, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS, LLC. He /she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012. My Commission Expires: Notary Public, State of Florida at Large [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] Page 2 of 3 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By. Print Name: Gerald Taylor, CRA Chairman Print Name: STATE OF FLORIDA 1 r SS COUNTY OF PALM BEACH > BEFORE ME. an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared _ as _ _ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY He /she %, personally known to me or has produced _ _ _ _ _ _ as identification IN WITNESS OF THE, FOREGOING. 1 have set my hand and official seal at in the State and County aforesaid on this day of _ _ _ . 2012 My Commission Expires Notary Public. State of Honda at Large Page 3 ot 3 Gulfstream Gardens /Seabourn Cove Phase II FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT This is a first amendment (hereinafter "First Amendment ") entered into as of the day of , 2013, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA "), with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435. And GULFSTREAM GARDENS PHASE II, LLC, a Florida limited liability company, with a business address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter referred to as the "Developer ") and/or assigns, provided such are affiliates of the Developer. RECITALS: WHEREAS, the Developer and CRA initially negotiated a Direct Incentive Funding Agreement (the "Initial DIFA ") for Seabourn Cove Apartments Phase I and Phase II, but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase, and thereafter executed separate DIFA's on August 14, 2012; and WHEREAS, the separate DIFA's mistakenly failed to split the Initial DIFA requirement for two (2) EV charging stations into one (1) for each Phase; and WHEREAS, the parties wish to amend each DIFA to correct such error; 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 First Amendment and are incorporated herein. Section 2. Amendment to Section 7.1.1 of the Agreement. Section 7.1.1 of the DIFA is amended to require only one (1) EV Changing Station. Section 3. No Other Amendments. Except as set forth above the Agreement shall remain unmodified and in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] Page 1 of 3 WITNESSES GULFSTREAM GARDENS PHASE IL LL( a Florida limited liability company — — By - -- Print Name: Print Name: - - - - - - -- - - - - Title Print Name: STATE OF FLORIDA l SS COUNTY OF PALM BEACH 1 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared GULFSTREAM GARDENS, LLC, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of GULFSTREAM GARDENS PHASE II. LLC. for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS PHASE II, LLC. He is personally known to me or has produced his as identification IN WITNESS OF THE FOREGOING. I have set my hand and official seal at in the State and County aforesaid on this - day of - 2012 My Commission Expires Notary Public. State of Florida at Large [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK! (CITY SIGNATURE ON FOLLOWING PAGE! Page 2 of WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Gerald Taylor, CRA Chairman Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He /she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012 My Commission Expires: Notary Public, State of Florida at Large Page 3 of 3 ._ _ 4i +� , _ . .�... r. "" - rs' ra'+ . *'. "' , ."r ^.. r` 4,.' • a i f �` r M4Y / . * " • x, 3 . w 4 11 1 ., , ' r .. ; - r 1 7 t w _ ' 4. / ,0,/ . -, ,, " Print P13O722100 O :Ot n3 F M Contract Services Inc eabo�aro Cove Apartments Lit L� ra ,cJ a6w•i ■ i _"F fi r .' w t -.14- �` '� .. ''r ' Illiiir a ,� :ii-°.:411151 ► . s` - 70110V • u t .....114,2 - „.....i. a l i ll II ro e * . It" .., 0 ,,,.'" ' • '^t ri' '�„d fir. • l + . e :''' �+ ` � ot , . y ' ....... ,� •' 'S'A'W.• -� _ l i p °� Y i 1 .,m . .., 9W-„r F toet t 4 o . *Pill* lirj ,.. . 0 .... #0_,_ - t -- „ sak.., _ Print 013oratQ1 DID: 07122 13 SE1aUCwr: I trOve AtklP1r1h91/16 laUtor 4. r, 4ltSk1G OU IItak:'I - Jr' , '"'" - ... ' ,.,, , .... ,.... -.we , Alp - 4 . 0 E. Is .... ..:20> 4 , ....4., ....... li r l 411 **. NI * I Ig -* 4 , dir .. 1 i 1/11011P4 : ' VOW' Al e ' Il *..". .., _ ... , tt • ' v. ... 41P' .** 4, _ iitt At . Mb 4 ..4 ■ ' III IP 44 41410 „,„ , , , . 1 , , * -: - '4014100# „ 4% -...-- .„ . iv lb ret ' . , I _ A.. . 411111111 Vit :- ' III IIkllhLali4 NN 4 ' N 4 , ",,,,« .■ _ * , 0 4 A. iet 307221102 Dale: 071221'13 F M Contract Services Inc SeabOurn Cove Aoartrnerus Leklair et. 41e)406 .41.1 06.10 t fAsd 5fie ::4,814 rr1 � BOYNT = CRA BEACH CRA BOARD MEETING OF: August 13, 2013 1 Consent Agenda 1 Old Business 1 X New Business 1 1 Legal 1 Information Only SUBJECT: Consideration of Request by Harvey Oyer, III to acquire a portion of the CRA owned property located at 508 N. Seacrest Boulevard in the NE 4th 15th Avenue Block in the Heart of Boynton SUMMARY: On July 17, 2013, the CRA received an email from Harvey Oyer, III inquiring as to the potential acquisition of a portion or the entire parcel of land owned by the CRA located at 508 N. Seacrest Boulevard. Mr. Oyer owns the adjacent property located at 512 N. Seacrest Boulevard and is requesting the additional CRA property for the installation of a new driveway and improvement of his parcel (see Attachment I). As identified on the attached map, the CRA owns a large number of parcels within the NE 4 th & 5 th Avenue block and is proposing the creation of a future cottage district. With the exception of the Community Caring Center located at 145 NE 1 Street, the block is currently made up of single family residences, some of which resemble a more historic architectural design. At the present time, the CRA's property, 508 N. Seacrest Boulevard, is considered a buildable lot and any reduction in its current size would eliminate the ability to use the lot to support new housing in the future. CRA staff is recommending funding in the FY 2013 -2014 budget for additional acquisition in this area in support of future residential redevelopment Until a Master Plan is created for this block, it is unclear what additional impact the disposal of any CRA owned property would have to the overall layout and lot configurations. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision & Master Plan, Federal Highway Corridor Community Redevelopment Plan, Boynton Beach Community Redevelopment Plan (1983), Heart of Boynton Redevelopment Plan RECOMMENDATIONS /OPT1ONS: Denial of Request by Harvey Oyer, III to acquire a portion of the CRA owned property located at 508 N Seacrest Boulevard in the NE 4th /5th Avenue Block in the Heart of Boynton. n r l C Z/70'1 . ire Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2012 - 2013 Board Meetings\Aug 2013\Aug 131Oyer cqusition reqst 508 N Seacrest doc ATTACHMENT I Simon, Michael From: Brooks, Vivian Sent: Monday, July 22, 2013 9 41 AM To: Brooks, Vivian Cc: Simon, Michael Subject: RE. 500 Block of Seacrest Boulevard Hi Harvey, I will place this on the August agenda for the Boards consideration. If the Board approves in theory of the transaction, the property will have to be appraised and then a 30 day notice of intent to dispose of the property will be published. Then at the next possible Board meeting, the Board would approve the transfer That is the legal process. The Board will most likely want to know why you want to place the driveway on the south as opposed to the north when there is ample room, so be prepared for that question. Vivian L. Brooks Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 561- 737 -3256 brooksvi c(Dbbfl us www boyntonbeachcra com "Catch a wave, catch a fish, catch your breath... Breeze into Boynton, America's Gateway to the Gulfstream. " From: Brooks, Vivian Sent: Wednesday, July 17, 2013 12:48 AM To: Harvey E. Oyer, III Subject: Re: 500 Block of Seacrest Boulevard Thank you Harvey. I will review and get back to you by the end of the week. Sent from my iPhone On Jul 16, 2013, at 7:11 PM, "Harvey E. Oyer, III" <HOyer@shutts.com> wrote: Vivian, In accordance with your call to me last Friday and per your request, attached is my mark -up of the Property Appraiser's aerial map. The CRA owns two parcels immediately south of our house (512 North Seacrest) as well as an L- shaped parcel to the east. As we discussed, my sisters and I would be interested in purchasing some or all of the lot immediately to the south of our house as well as a corner cut of the CRA -owned property to the east in order to square -off the lots (depicted in white cross- hatching in the attached aerial). This is for the reasons that I have communicated to you and to the Mayor in the past, which would allow us to install a new driveway and landscaping at 512 North Seacrest, generally improve it, and ensure that it is occupied once again. Of course, we would have to understand what the CRA's asking price for the property is in advance Please advise if this is something the CRA would like to pursue. Thanks. 1 Harvey Harvey E. Oyer, 111 Partner <1nlageU01.1p €r, Shutts &Bowen LLP CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 West Palm Beach c l 3340 , Direct (561) 650-8517 Fax (561) 822 -5522 0iograpn. ■irPhst, Your Scan is Attached <ATT00002. gi1 Th,.. Mfr <Doc PDF> IRS CIRCULAR 230 NOTICE Puisuant to recently enacted 1.S 3 reasur∎ Department Regulations a e are n(\ ,eyunes, 1,„:,1 you that unless otherwise expiessly indicated,any federal tax advice expressed abme o is neither not intended b, the ,eno. i this firm to be used and cannot be used b} any taxpayer foi the purpose of avoiding penalties that may be imposed under t tax .a,x any person uses or refers to any such tax advice in promoting marketing or ieeommendnig a partnership or other ,!stiry nv Lstmeni t °I r or arrangement to any taxpayer then the ad‘ ice should he considered to hay e been ofatten to support the promotion or marketing b, person other than the sender or this firm of that transaction 01 mattes. and such taxpayer should seek ady'ce based or the *axnaver' particular circumstances from an independent tax adyiso MAP ■ S , C 0 ^ ,t J Q ! f i ^ t et $. o : . : °,40# 1 tt: , - ....' - . 5 "ek' rd." 1r *� y O ,..., ,,,, j csor .., i . f if , ,i, 4?. »- 1 f I ll j . +" . , ,, . 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BOYNTON c RA =BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda Old Business X New Business Legal Information Only SUBJECT: Consideration of Request by Valrie Brown - McIntosh to acquire a portion of the CRA owned property located at 105 NE 4 Avenue, in the NE 4 /5 Avenue Block in the Heart of Boynton SUMMARY: On April 30, 2013, the CRA received an email and letter from Ms. Valrie Brown - Mclntosh, inquiring as to the potential acquisition of a portion land owned by the CRA located at 105 NE 4 Avenue. Ms. Brown - McIntosh owns the adjacent property located at 115 NE 4 Avenue and is requesting the additional CRA property for the installation of a garden area and the overall improvement her parcel (see Attachment I). As is indicated on the map and survey, the CRA's property is irregularly shaped and is configured in such a way that a portion of the lot is situated behind Ms. Brown- Mclntosh's house. This portion of the CRA lot is located between the existing FPL, Comcast and AT &T pole that runs lines to Ms. Brown - Mclntosh's the residential structure. Since taking ownership of the parcel in November 2007, CRA staff has worked diligently to keep the existing trees and shrubs clear of these lines so as not to negatively affect the residence. As identified on the attached map, the CRA owns a large number of parcels within the NE 4 th & 5 th Avenue block and is proposing the creation of a future cottage district. With the exception of the Community Caring Center located at 145 NE 1 Street, the block is currently made up of single family residences, some of which resemble a more historic architectural design. At the present time, the CRA's property, 105 NE 4 Avenue, is considered a buildable lot and any reduction in its current size would eliminate the ability to use the lot to support new housing in the future CRA staff is recommending funding in the FY 2013 -2014 budget for additional acquisition in this area in support of future residential redevelopment. Although it would appear not to adversely affect the CRA's vision, until a Master Plan is created for this block, it is unclear what additional impact the disposal of any CRA owned property would have to the overall layout and lot configurations. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision & Master Plan, Federal Highway Corridor Community Redevelopment Plan, Boynton Beach Community Redevelopment Plan (1983), Heart of Boynton Redevelopment Plan RECOMMENDATIONS /OPTIONS: Denial of Request by Valrie Brown - McIntosh to acquire a portion of the CRA owned property located at 105 NE 4 Avenue, in the NE 4th /5th Avenue Block in the Heart of Boynton. Michael Simon Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetmgs\Aug 2013\Aug 13 \McIntosh reqst for acquisition of 105 NE 4th doc ATTACHMENT I From: Valrie Brown [mailto:bevalrielayahoo.com] Sent: Tuesday, April 30, 2013 11:18 AM To: Simon, Michael Subject: Request For Land Acquisition Hello Michael, Please find formal written request as attached as per our conversation regarding property located at 115 NE 4Th Avenue , Boynton Beach fl 33345. Kindly confirm receipt. Thanks again for the consideration. Yours truly, Value 13ronn,l i l n /oils 115 AT: 4'f7 1xre B9wtoii Beat, F! 3.3435 754- 234 -8430 bevalrie@ yahoo. com 2 115 NE 4 Avenue Boynton Beach Florida 33435 April 26, 2013 710 North Federal Highway Boynton Beach Florida 33435 To whom it may concern This serves as a formal request to the Board of Directors of the Boynton Beach CRA for the acquisition of the parcel of land adjoining the property located at 115 NE 4th Avenue, Boynton Beach FL 33435 ! recently purchased the property and noticed that there is a parcel of land located to the West and North of mine and I am very interested in owning the same. It would definitely add to mine and I would love tc utilize same for planting of vegetation and fruit trees I must further inform that if it is not possible to be granted the request for both parcels I am extremely interested in the section to the North which is directly behind my property I would entertain any and all options offered by you as a method to acquire the same. I eagerly await your response and your kind consideration will be highly appreciated Yours truly, Valrie Brown- McIntosh Simon, Michael From: Simon, Michael Sent: Tuesday, April 30, 2013 2:55 PM To: 'Valrie Brown' Subject: RE: Request For Land Acquisition Thank you Respectfully, Michael Simon Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, 11.33435 Off 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 szmonm @bbfl.us From: Valrie Brown [mailto:bevalrie(ayahoo.com] Sent: Tuesday, April 30, 2013 2:15 PM To: Simon, Michael Subject: Re: Request For Land Acquisition I hope this will help. Please let me know I 'a/r7/ Blvd a- _11,u11a,G 115 NI: - I/! , An Royn /oh / iJ FI33435 754.234 -8430 bevalrie@vahoo. com From: "Simon, Michael" <SimonMna bbfl us> To: Valrie Brown <bevalne(p�yahoo.com> Sent: Tuesday, April 30, 2013 1 07 PM Subject: RE. Request For Land Acquisition Good afternoon Ms Brown- McIntosh: Thank you for your request regarding the acquisition of CRA owned property on NE 4t Avenue In order to better analyze your request, please send me a copy of a survey of your property and a more detailed description of the property area you are requesting of the CRA For instance, an outlined aerial map or Google Earth view of exactly what piece you would like to purchase. It would be very helpful Additionally, did you have an amount in mind for the acquisition offer As I mentioned during our telephone conversations, the CRA will be required to perform an appraisal of the property as well as publicly notice our intent 1 ■it (111/1 11 t 11ac1 � t/tro1, 1)enelopmen1 caw Hopi/on Wadi C I� l (,� \ 1 Yderal 1 I roma, (Saynlon Beat/-, 1 1 54 0/1 36/ 3 5 : ' )61 S, ; Jtmonm@hh]l tr • From: Valrie Brown [mailto:bevalrie@yahoo.com] Sent: Tuesday, April 30, 2013 11:18 AM To: Simon, Michael Subject: Request For Land Acquisition Hello Michael. Please find formal wntten request as attached as per our conversation regarding property located at 1' s N1- 4Th Avenue , Boynton Beach fl 33 345 Kindly confine receipt Thanks again for the consideration Yours truly, hevalrie ciwahoa coin MAP & SURVEY 115 NE 4th Avenue - McIntosh MAP OF BOUNDARY SURVEY k 4' FOUND I /2' IRON ROD __I T - REMAINDE R OF ,, • OFFSE I ^,? 5 BL OCK L: J✓ND ' .`�. . z • 0 3' EAST 0 _ IRCYN ROL_ �� 50 00 FENCE f 0.4' EAST x x x x_ x '. 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Vii` T BaYN 4 N CRA =BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda I Old Business 1 X I New Business 1 1 Legal I Information Only SUBJECT: Consideration of Amending the Development Agreement between the CRA and HFHSPBC CLT, Inc. for Ocean Breeze West SUMMARY: The Boynton Beach CRA acquired nine acres of property formerly known as Boynton Terrace in the Heart of Boynton neighborhood in May of 2007 This site was recognized by the community in the Heart of Boynton Community Redevelopment Plan as one of the major problems in the neighborhood due to lack of maintenance and drug activity. Using Federal stimulus funds from the Neighborhood Stabilization Program under HUD, the CRA replatted the western portion of the site (4 5 acres) into 21 single - family Tots, installed the underground utilities and roads preparing the property for redevelopment by the private sector. On April 20, 2011, the CRA issued a Request for Proposals for the development of Ocean Breeze West. The CRA accepted a joint proposal submitted from Habitat for Humanity of South Palm Beach County and the Faith Based Community Development Corporation (CDC). The proposal called for all of the homes to go into Habitat's Community Land Trust to ensure long term affordability and to preserve the CRA and City's investment. Additionally, 6 of the homes were to be sold to families earning 80 -120% of Median Household Income (MHI) and 15 were to be sold to families earning less than 80% of MHI. On August 24, 2011, the CRA entered into a Development Agreement with the HFHSPBC CLT, Inc. (Habitat's Community Land Trust) to develop the site The Development Agreement was amended to state that 11 of the 21 lots will go into the land trust and ten will be sold fee simple. Habitat for Humanity would develop and sell the 11 land trust homes and the CDC would develop and sell the 10 fee simple homes. Currently Habitat has completed and sold seven homes and has three under construction which are also sold. The CDC has completed three homes, has closed on one and expects to close on the two remaining homes by the end of August They will be submitting for permit on two more homes in early August Section18.1 of the Development Agreement between the CRA and HFHSPBC CLT, Inc. states that construction shall begin on all homes by December of 2013 Six homes remain to be started. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 2013\Aug 13 \OBW Amend Dev Agreement doc BOYNTON .. BEAC H RECOMMENDATIONS /OPTIONS; 1 Amend the Development Agreement and allow Habitat to exit the Development Agreement once they have completed their 11 homes and redraft the Development Agreement with the CDC as the Developer The CDC has a construction line of credit and down payment subsidy available to them However, the CDC will need the project deadline extended by one year in order to complete the remaining six homes At this time the City and CRA have no clear answer from HUD if extending the deadline one year is acceptable 2 Do not amend the Development Agreement and have Habitat complete the remaining six homes within the current project timeline However, this may mean that the original goal of five moderate income families within the project may not be met since these homes would require development subsidy of approximately $300 000 If the Board is willing to forgo the moderate income goal for the five homes the project can be completed on time and without additional funding Z /4±r Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Boaro Meetinas \Aua 2013 \Aug 13 \OBW Amend Dev Agreement doc DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. (hereinafter "LAND TRUST") having an address of 181 SE. 5 Avenue, Delray Beach, FL 33483. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY. CRA agrees to sell and convey to LAND TRUST and LAND TRUST agrees to purchase and develop real property, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that CRA is conveying the Property to LAND TRUST for the construction of twenty -one (21) single - family homes. No more than fifteen (15) of the homes can be sold to families earning below fifty percent (50 %) of area Median Household Income for Palm Beach County. CRA has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to LAND TRUST. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date ") shall be the date when the last one of the CRA and LAND TRUST has signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. LAND TRUST shall notify the CRA in writing of its intent to draw down any of the twenty -one (21) lots within the Property for closing sixty (60) days prior to the proposed lot closing date. LAND TRUST shall identify which lots it intends to close on. The CRA shall prepare for a closing and notify LAND TRUST of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to LAND TRUST, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and natters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which LAND TRUST fails to object, or which LAND TRUST agrees DEVELOPMENT AGREEMENT (revised by DJ 7/271; Page 2 of 13 to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement (`Feasibility Period "), LAND TRUST, and LAND TRUST'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall have the right, at LAND TRUST'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to CRA and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which LAND TRUST may deem necessary. During this Feasibility Period, LAND TRUST may elect, in LAND TRUST'S sole and absolute discretion, to terminate this contract. If LAND TRUST elects to terminate this Agreement in accordance with this Section, LAND TRUST shall: (i) leave the Property (accepting any lots which have been previously LEASED TO HOMEBUYERS IN ACCORDANCE WITH THE TERMS HERE OF) in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by LAND TRUST'S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the LAND TRUST'S testing and investigation. LAND TRUST hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to LAND TRUST (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property. LAND TRUST'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold LAND TRUST harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property. CRA'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7.1 CRA's Documents. CRA shall deliver to LAND TRUST the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies, if any, (including environmental, engineering, surveys. soil borings and other physical reports) in CRA'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, LAND TRUST shall obtain, at the LAND TRUST'S expense, from a Title Company chosen by LAND TRUST (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure LAND TRUST in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 3 of 13 or exceptions in Schedule B of the Title Commitment. LAND TRUST shall examine the Title Commitment and deliver written notice to CRA no later than twenty (20) days after the Effective Date notifying CRA of any objections LAND TRUST has to the condition of title (hereinafter "LAND TRUST'S Title Objections "). If LAND TRUST fails to deliver LAND TRUST'S Title Objections to CRA within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If LAND TRUST timely delivers the LAND TRUST'S Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the LAND TRUST'S Title Objections (hereinafter "Cure Period "). However, in no event shall the CRA be obligated to expend any amount of money exceeding ten thousand ($10,000.00) dollars to cure the title objection. In the event that CRA is unable to cure and remove, or cause to be cured and removed, the LAND TRUST'S Title Objections within the Cure Period to the satisfaction of LAND TRUST, then LAND TRUST, in LAND TRUST'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, LAND TRUST shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. LAND TRUST, at LAND TRUST'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 7.4 REAL PROPERTY SOLD AS IS. WHERE IS. RELEASE. The CRA makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by the CRA at Closing in accordance with this Agreement, and the CRA makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. LAND TRUST specifically acknowledges and agrees that the CRA shall sell and LAND TRUST shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the CRA'S representations and warranties specifically set forth in this Agreement, LAND TRUST is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CRA its agents, officers, or DEVELOPMENT AGREEMENT (revised by Di 7/2711 Page 4 of 13 employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein. the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 8 CONDITIONS TO CLOSING. LAND TRUST shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing ") are either fulfilled or waived by LAND TRUST in writing: 8.1 Representations and Warranties. All of the representations and warranties of CRA contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 5of13 9. CLOSING DOCUMENTS. For each lot closing, the CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, CRA shall execute and deliver, or cause to be executed and delivered to LAND TRUST the following documents and instruments: 9.1 Deed. A Quit Claim Deed (the "Deed") conveying to LAND TRUST valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions which shall include a deed restriction which shall specifically identify that each lot conveyed to LAND TRUST shall be conveyed only to eligible purchasers whose income shall not exceed 120% of median household income for Palm Beach County as established from time to time by HUD. 9.2 CRA's Affidavits. CRA shall furnish to LAND TRUST an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than CRA. CRA shall also furnish to LAND TRUST a non- foreign affidavit with respect to the Property. In the event CRA is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and pro rations between LAND TRUST and CRA, all costs and expenses to be paid at Closing, and the net proceeds due CRA, which CRA shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Pro rations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by pro rations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. CRA shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). The CRA and LAND TRUST shall each be responsible for it's respective attorney fees and costs. DEVELOPMENT AGREEMENT (revised by DJ 7/27 i E Page 6 of11 10.3 Closing Procedure. LAND TRUST shall fund the Purchase Price of $10.04. CRA and LAND TRUST (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to CRA; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to LAND TRUST, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mortgages and Other Liens. At Closing, CRA shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 CRA's Representations and Warranties. CRA hereby represents, covenants and warrants to LAND TRUST, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by CRA and the consummation by CRA of the transaction contemplated by this Agreement are within CRA'S capacity and all requisite action has been taken to make this Agreement valid and binding on CRA in accordance with its terns. The person executing this Agreement on behalf of CRA has been duly authorized to act on behalf of and to bind CRA, and this Agreement represents a valid and binding obligation of CRA. 11.3 Title. CRA is and will be on the Closing Date, the owner of valid, good. marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 LAND TRUST's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of LAND TRUST, subject to the provisions of Paragraph 12.3 below, neither LAND TRUST nor CRA shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that LAND TRUST shall also be responsible for the removal of' any liens asserted against the Property by persons claiming by, through or under LAND TRUST, but not otherwise. 12.2 CRA's Default. In the event that CRA shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of CRA'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, LAND TRUST may, at its option: (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event LAND TRUST may terminate this Agreement and neither Party shall have any further rights hereunder. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 7 of 13 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of' default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Attention: Executive Director, Vivian Brooks 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: Jim Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Fort Lauderdale, FL 33308 If to LAND TRUST: Michael Campbell 81 SE. 5 Avenue Delray Beach, FL 33483. 14. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto CRA may not assign its interest in this Agreement without the prior written consent of LAND TRUST, which shall not be unreasonably withheld. LAND TRUST may not assign this Agreement to any other party without the prior written approval of CRA which shall not be unreasonably withheld. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural ford beyond the control of CRA, LAND TRUST may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or LAND TRUST may accept the Property without any reduction in the value of the Property. DEVELOPMENT AGREEMENT (revised by DJ 72711 ?. Page 8 of 13 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of CRA'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT OF THE PROPERTY. CRA and LAND TRUST acknowledge that the Property is being sold to LAND TRUST for the sole purpose of developing, marketing and selling twenty -one (21) single - family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. No more than fifteen of the homes may be sold to families whose income is below 50% of median household income for Palm Beach County. The Property is to be held by the LAND TRUST FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC Its accessors and or assigns in perpetuity to ensure future affordability of the homes. 18.1 Construction. LAND TRUST agrees to construct twenty -one (21) single - family homes pursuant to the construction schedule and requirements provided herein. LAND TRUST agrees to begin construction on all homes by December 2013. Construction shall mean vertical construction of the walls. 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. All homes shall include, at a minimum three bedrooms, two full bathrooms, a one -car garage, a living room, dining room, full kitchen and a master bedroom with walk -in closet and attached bathroom. b. The following appliances shall be included and must be Energy Star rated: • Refrigerator O Oven/Range • Built -in microwave oven • Dishwasher • Washer • Dryer c Water heater « Irrigation pump if a well is required by the City. DEVELOPMENT AGREEMENT (revised by DJ 7!2711) Page 9 of 13 • Central air conditioning/heating. c. Ceramic tile throughout the hallways, kitchen, dining area and bathrooms. d. Carpet in the living room and bedroom. e. All windows shall be Dade County hurricane rated. f. The roof shall be warranteed for a minimum of twenty years. g. Xeriscape landscaping and irrigation that exceeds the minimum requirements of the City code. h. Two community monument signs; one to be located at NW 8 Avenue and one a NW 1 tt Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide. i. A fenced and landscaped buffer to be installed along the entire Project boundary at Seacrest Boulevard subject to City approval. j. Installation of streetlights within the Project subject to City approval. 18.3 CRA Design Approval. Prior to submittal to the City for construction permit, LAND TRUST must obtain CRA Board approval of the design of all model homes. LAND TRUST shall submit the proposed final plans to the CRA no less than thirty (30) days prior to the next regularly scheduled meeting of the CRA board. The CRA Board approval will be provided in writing to LAND TRUST within five (5) business days of the CRA Board meeting where the approval was voted upon. 19. LAND TRUST. LAND TRUST agrees to that all twenty-one (21) lots will be transferred into the LAND TRUST for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. Its accessor's and or assigns and that all the lots shall remain the property of a community land trust in perpetuity. Only improvements on the lots may be transferred to subsequent buyers. Lots shall be leased to home buyers under a ground lease ( "Ground Lease "). 19.1 Maintenance. As the manager of the Land Trust, LAND TRUST agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. LAND TRUST shall enforce the terms of the Ground Lease at all times. 20. REVERTER. Subject to terms 21.13 below, in the event LAND TRUST fails to adhere to the timeline outlined in Section 18.1, and LAND TRUST has not provided CRA with a written notification as to the reason explaining that circumstances not under the control of LAND TRUST have prevented LAND TRUST from meeting the timeline which in the reasonable discretion of the CRA it may reject, then the Property shall, as a matter of law, automatically revert back to the CRA. The CRA agrees to work reasonably with LAND TRUST in working within the timeframe set forth above, but LAND TRUST and CRA agree that time is of the essence. Furthermore, if each home is not sold to income- qualified buyers as defined herein and approved by the CRA, the property upon which the home is located shall, by operation of law, revert back to CRA. If the Property reverts back to the CRA, the CRA may in its discretion complete the construction of the homes and satisfy any outstanding construction loans held by LAND TRUST provided LAND TRUST has assigned the construction contract to the CRA. In the event the CRA funds the construction of the home it shall deduct from the sale proceeds of the home, the full amount necessary to reimburse the CRA for all funds advanced. In the event DEVELOPMENT AGREEMENT (revised by DJ 7/2711, Page 10of13 there are any surplus funds remaining after the CRA has been fully reimbursed for all funds advanced by it to complete construction of the house, the remaining surplus funds, if any, shall be paid over by the CRA to LAND TRUST 21. MISCELLANEOUS. 21.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Patin Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 21.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 21.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 21.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 11 of 13 of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 21.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CRA shall control all printed provisions in conflict therewith. 21.7 Waiver of Jury Trial. As an inducement to LAND TRUST agreeing to enter into this Agreement, LAND TRUST and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 21.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 21.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 21.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 Survival. The covenants, warranties, representations, indemnities and undertakings of CRA set forth in this Agreement, shall survive the Closing, the delivery and recording of the CRA Property Deed and LAND TRUST'S possession of the Property. 21.12 CRA Attorneys' Fees and Costs. CRA acknowledges and agrees that CRA shall be responsible for its own attorneys' fees and all costs, if any, incurred by CRA in connection with the transaction contemplated by this Agreement. 21.13 Force Majeure - The parties shall not be liable for any delay in performance or failure to perform any term or condition of this Agreement caused by (i) fire, (ii) explosion, (iii) accident, (iv) flood, (v) strike, (vi) any regulation, rule or act of governmental agency precluding performance, (vii) any act of God, (viii) armed conflict, or (ix) civil commotion. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. LAND TRUST CRA LAND TRUST FOR HUMANITY BOYNTON BEACH COMMUNITY OF SOUTH PALM BEACH COUNTY REDEVELOMENT AGENCY COMMUNITY HOUSING AND LAND TRUST, INC B y B y Print Name: i -GI+ � / . ;•�� e11 Print Name: Jose,Rriguez Title: P�15 `ei t t/ Title: � Chairpers n Date: � l� � � � Date: _ ?A/3h' Witnesses: Approv to anyiegal sufficiency: �4 .L CRA • ttorney r H.11998 \980465 BBCRA \H4H Developers Agreement Clean Veision.doc DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 13 of 13 Exhibit "A" Legal Description PCN: 08- 43- 45- 21 -07- 002 -1311 And PCN: 08-43-45-21-07-002-1320 And PCN: 08-43-45-21-07-002-1321 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, IN( THIS FIRST AMENDMENT 10 THL LEVELOPMEN 1' AGREEMEN1 DATED AUGUST 23, 201 1 (the "First Amendment ") is made and entered into this day of JAn.) icr , 2012 by and between the Boynton Beach Community Redevelopment Agency, a Florida public agency created pursuant to Chapter 163. Honda Statutes, and Habitat for Humanity of South Palm Bead' County Community Housing and Land Trust, Inc . a Flonda not -tor- profit corporation WITNESSETH WHEREAS, on August 23, 201 1 the Boynton Beach Community Redevelopment Agency ( "CRA ") and Habitat for Humanity of South Palm Beach County Community Housing and Land Trust, Inc ( "Land Trust ") entered into a Development Agreement (the "Original Agreement ") to provide for the development or project known as 'Ocean Breeze West" (the "Project "), and WHEREAS, the Original Agreement provided that the Land Trust was to place all twenty -one (21) of the lots within the Project Into ,i land trust to ensuic future affordability of the future homes WHEREAS, the Land Trust has requested that the CRA permit the Land 1 rust to exclude ten (10) of the lots from the land trust: and WHEREAS. the CRA and the Land 1 rust desire to amend the Original Agreement and enter into this First Amendment to provide for the exclusion of ten 4 i alt of the twenty -one (21) lots from the land trust NOW THEREFORE. in consideration of the mutual covenants set forth herein and other lawful considerations, the Agreement is amended as follows Section 19 of the Original Agreement is amended to read as follows 19 LAND TRUST, LAND TRUST agrees that no fewer than eleven of the twenty -one (21 ) lots shall be transferred into the Land Trust operated by Habitat for Humanity of South Palm Beach County Community Housing and Land Trust, Inc., its successors and or assigns ( "Community Land Trust "), and that no fewer than eleven (11) lots shall remain the property of the Community Land Trust in perpetuity. Only improvements on the lots held by the Community Land Trust may be transferred to subsequent buyers Lots within the Community Land Trust shall be leased to home buyers under a ground lease ( "Ground Lease ") The Land Trust has the option sell no more than ten (10) of the twenty -one (21) lots directly to buyers of the homes constructed on the lots. 19.1 Maintenance. As the manager of the Land Trust, LAND TRUST agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. LAND TRUST shall enforce the terms of the Ground Lease at all times. 2. REPORTING. Land Trust agrees to provide the CRA a written report documenting the Land Trust's progress with respect to the Project no less than once every six (6) months for the duration of the Original Agreement. 3. All other terms and conditions of the Original Agreement not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the date and year written below. WITNESSES HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. By: /f��G� 4 �� Print Name: ' 1s✓lDK Print Name: m�e..k�4t1 �t4y. k 1 1 / Title: Si,tc_c .>�d�Jt. J • � Date: 1 11 el got,- Print Name:Mi . e,„,(1/ o--- WITNESSES BOYNTON BEACH COMMUNITY REDEVE ' MENT AGENCY By: �,_.� ------ Print Name: P .'..�`'arne: Ss6cLi�v� Title: ( Print Name: ,. �� Date: , to I i. BOYNTO cRA BEACH CRA BOARD MEETING OF: August 13, 2013 Consent Agenda 1 Old Business 1 X New Business 1 Legal Information Only SUBJECT: Request by Former Board Member Steven Holzman for Reimbursement of Legal Fees in Connection with the Bright vs. Boynton Beach CRA Case SUMMARY: On July 15 Jim Cherof, Legal Counsel for the CRA Board received an e-mail from former CRA Board Member Steven Holzman asserting his right to reimbursement of legal fees incurred by him for attending a deposition relating to the Bright vs Boynton Beach CRA case (see attached e- mails and invoice) Mr. Cherof feels that the Board should seek an attorney general opinion on this matter; can a public official drawn into litigation who retains their own counsel be reimbursed by the public entity. FISCAL IMPACT: If the Board votes to pay Mr Holzman's legal fees the cost according the attached invoice is $3,817.57 If the Board opts to get an opinion from the attorney general, there would be approximately an hour of time on the part of legal counsel to frame the issue CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Provide direction to legal counsel and staff Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2012 - 2013 Board Meetings\Aug 2013 \Holzman Legal Fees doc From: Steven Holzman [ mailto :steveyatoizinar,,4r,cn, Sent: Monday, July 15, 2013 10:44 AM To: Jim Cherof Subject: Fwd: Bright v. City of Boynton Beach - Invoice Hi Jim. I have attached to this email a copy of the invoice associated with m) attorney representation at my deposition by Ms. Bright in, Lisa Bright v. CRA and City of Boynton Beach. I first provided this to Mr Reynolds. CRA attorney, who informed that the insurance company has denied my claim. As you know. it is a long standing principle that the cost of legal representation of elected officials for matters associated with government entitx business are to be reimbursed by the respected government agency I am now providing you with hill to hh reimbursed by the CRA and /or City directly as my presence at the deposition was based solely on my previous actions as a city commissioner and CRA board member This request is made with the understanding that 1 will he seeking all legal remedies a‘ ailable to me it this is no: settled in a reasonable amount of time Please confirm receipt of this email and please let me know if you have an question. Thank you. Steven Holzman ■ 1 © ° ° 'f; . 5 45 0 U) •w; • t3 b Z co crs ,. 1 U it Q � o o a o c p Z 4-,. w 0 M :0 i 6 V U D IN 0 0 w -iv w U cp CD Q 0 MEM IIII■ w r Q O • U P...4 y vi 4-' O O GO CI ~ M O '5 z z z • o�a� O y w w U N 4 V MM tl G cd cn � O tr fi p O C3 0 w M o E-4 f-1 H O 0 74 es E N O Z x b V aJ 1k o� � c w U W 0 v 40 3.• CCI CA o U. 0, k ....••••• x 5 u ° ts k Brooks, Vivian From: Steven Holzman <stevenholzman @gmail corn: Sent: Wednesday July '7 2015 9 55 AM To: Jim Cherof Cc: Brooks, Vivian Subject: Re Bright v City of Boynton Beach - invoice Jim. Under the common law rule, public officials are entitled to reimbursement of or indemnification for attorneys fees and costs incurred by them in connection with lawsuits arising from the performance of their official duties. as opposed to payment on an ongoing basis. See Thornber t' City of F'' Walton Beach. 568 So 2d 914. 916-1 (Fla. 1990), citing Miller v Carbonelli, 80 So.2d 909 (Fla.1955); Williams r ('rty of Mann. 42 So.2d 582 (Fla.1949); Peck v Spencer. 26 Fla. 23. 7 So. 642 (1890); Lomelo v ('itv of Sunrise. 423 So.2d 974 (Fla, 4th DCA 1982), review dismissed, 431 So.2d 988 (Fla.1983): Ellison v Reid. 397 So.2d 352 (Fla. 1st DCA 1981). This deposition was taken in a lawsuit involving issues that arose in connection with the performance of my official duties. My testimony involved actions of the CRA, and could have been the genesis for CRA and City liability in connection with Ms. Bright's severance from service Jim, I appreciate you protecting the City and CRA's interests here. but the fact is that 1 spent my day being deposed because of actions taken by the CRA and Cit} . I sought representation to defend me during the deposition because of the issues involved, and because such representation is necessar\ li was you and Lyman Reynolds, CRA attorney in this matter, that informed me that the City nor CRA would not represent me This position clearly reflected the inherent conflict of interest which could have arisen dependent on the testimony given by me. 1 assumed that you, being the City and CRA Attorney and well versed in municipal law. were aware of this longstanding common law rule and the purpose behind it lithe City and /or CRA intended not to reimburse or indemnify me. that should have been shared with me when I first spoke with you or Mr. Reynolds. This email constitutes my present demand for reimbursement or indemnification. which 1 am prepared to enforce through legal action In such case, 1 will he seeking my attorneys' fees incurred in that action for had faith denial of my demand Thank you. Steven On Wed, Jul 17, 2013 at 8:46 AM, Jim Cherof <.I( newt u cit%atty—orua wrote itever- am not aware of any legal authority tc' suppo your vcr, , wish to u ov+cae asr- lay „;puu of your position that an elected officiai who is Ho/ individuai tarty ° i+trgatior bot bepooent r +tlet to retain counsel and have the official $ oubi+r apen■ " i1 Frtdm ,r >. �� - +t? " = The City is not a party to the Bright litigat+ou neretole iest e ,s made on a -ir,tir;t ,t " , +,• response would be frrthco+ -+ink on behalf : ,n. t .,. Brooks, Vivian 'rom: Jim Cherof <JCherof @cityatty.com> Sent: Tuesday, July 23, 2013 9 30 AM To: 'Steven Holzman' Cc: Brooks, Vivian Subject: RE. Bright v City of Boynton Beach - Invoice Steven - I have reviewed this further and are of the opinion that the cases you cited are distinguishable. There may be some merit to your argument but I do not find any legal authority that addresses the right of a public official to retain, at the expense of the public entity which the official serves or served, to retain private counsel in conjunction with a deposition when the public official is not a party to the litigation. Nonetheless, I do think your request should be addressed further by the CRA Board. To that end, I am asking the Executive Director to add your request to the next Board meeting agenda for discussion and /or action. It is my intent to ask the Board to permit me to request an attorney general opinion seeking clarification of the right of public officials drawn into litigation to retain their own counsel at the expense of the public entity. 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O f e $ / £ = e $ \ 0$7\ \ \ » / \ / J _ ± & c.) ° o o , — «— $ \ 5 § c .0 \ / ® E o =_ \ E2 § E a @ 5 \ [ \ c E f b m E 7 . 4 G _o E B \ e / c & ( o \ — = o p c \ f f ^ & n \ 0 2 0 E a) % § _ # q $ / 0 6 o O 0 /= o o$ > & 0 _ § \ 2 % 0 = £ £ 7 $ / ) o S R » ° -c W / > b % 3 / % bOm3 \ f § $ / \ / o \ \ j / / E \ \ \ \ - / / \ $ \ k § / 0 / E \ \ / \ o / / k b C/ y k §$% a o R E) g 1 f Z = o = & E ° £ i 3 a ®� / / \ ° o c \ / \ _c \ „ / ( E \ \ § / / \ ƒ ( \ cts 5 as Z _ u) 2\ -0 f / GFf §- \ a) $ = U 5 E ®\ § ¥ \ _ = e $ b & 7 % R / « , ) ° c 7 / /) # \ e E O o£ 2_ o£ 0 2 2 E £ E 0. 0 / � m Heart of Boynton Redevelopment Strategies 2001 - 2013 City and CRA Funds Spent and /or Approved Activity to Date Status Purchase of Boynton Purchased land. 32 S/F Homes planned for West 1 Terrace $ 7,500,000 Side NE 4th /5th Avenue 2 Assemblage $ 2,482,604 Closed on a total of 2.69 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non - profits to conduct numerous Community Improvement trash pick -ups, purchase of trash cans and support 7 Grant $ 25,000 of neighborhood clean -up efforts Total of 14 lots developed into affordable single - 8 Housing Inflll $ 976,310 family homes MLK Corridor Property 9 Assemblage $ 4,033,116 assembled 3 8 acres Galaxy Elementary 10 Painting $ 92,000 completed 11 CRA Policing $ 458,100 HOB is 29% of CRA. Total spent = $1,579,531 12 Trolley $ 141,667 12% of ridership originates in HOB Carolyn Sims Park 13 Community Center $ 8,840,000 Completed 2/08 Property Purchases for 14 Sara Sims Park $ 140,000 Completed 11/2012 Seacrest/MLK 15 Streetscape Plans $ 187,215 Completed Seacrest/M LK 16 Streetscape $ 1,300,000 Completed 6/2011 Ocean Breeze West Site 17 Development $ 533,000 Site work for 21 home subdivision 18 Small Business Classes $ 59,000 Completed 5 Sessions 19 St Johns Family Picnic $ 8,000 Community Project 20 Heritage Festival $ 105,378 4 Events 21 Community Projects $ 27,648 Public Art & Youth Programs TOTAL $ 29,180,067 T \ADMINISTRATIVE \CRA COMMENT LOG\2012 \HOB investment 2001 -Dec 2012 - YTD xis