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Agenda 05-13-14 v . BOYNTO BE AC t. CRA Board Meeting May 13, 2014 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA L Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: A. Update on Legal Matters 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. Movies in the Park: May 2 — Recap - The Secret Life of Walter Mitty June 27 — The Lego Movie B. Happy Hour Thursday — Music on the Rocks /Shaken Not Stirred VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, April 8, 2014 B. Approval of Period Ended April 30, 2014 Financial Report C. Monthly Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Update on Irrigation and Maintenance of Vacant Lot - 222 N. Federal Highway C. Marketing Collaboration- Florida Trend Magazine D. Business Development Advertising Campaign E. Annual Filing of Statement of Financial Interests XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: A. Consideration and Approval of the Updated Heart of Boynton Community Redevelopment Plan XIII. Old Business: A. Review of Phase Four of the Marina Redevelopment Project B. CRA Development Proj ect Update: Boynton Harbor Marina Harbor Master Building Proj ect C. CRA Development Proj ect Update: Parking Lot Proj ect on NE 1 st Ave. & NE 1 st Street and & Sidewalk Connector located at 208 NE 1 st Avenue D. Consideration of Family Dollar Proposed Site Plan and Elevations XIV. New Business: A. Consideration of Conceptual Designs for the Federal Highway Entry Signage Project B. Consideration of Issuing and RFP /RFQ for the CRA Owned Parcel Known as Ocean Breeze East C. Consideration of Transfer of 2 Lots in the MLK Corridor from Habitat for Humanity Back the CRA D. Consideration of Systems Audit and Direct Incentive Funding Agreement ( "DIFA ") Payment Release to Hart Seabourn Cove, LLC for the Property known as Seabourn Cove -Phase I E. Consideration of Bus Shelter and Temporary Easement Agreement between the CRA and PRH Boynton Beach F. Consideration of Dates for Budget Meeting G. Discussion of Code Compliance in the CRA District H. Discussion of the Woman's Club XV. Executive Director's Report: A. New Businesses in CRA District B. Development Projects Update XVI. Future Agenda Items: A. Report by Lyman Reynolds on the Status of the Lisa Bright vs. CRA Case B. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group C. IT ILA XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL, IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE ALT-XILIARY .AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTITNITY TO PARTICIPATE IN .AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737 -3256 AT LEAST TN'ENTY- FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. LEWIS qat LONGMAN & WALKER P.A. A T t t1 J:. la S 5' S F 1 =\ l4 Reply to: West Pahn Beach MEMORANDUM TO: Vivian Brooks CC: Michael Simon Theresa Utterback Susan Harris Tara Duhy FROM: Kenneth G. Spillias DATE: May 6, 2014 SUBJECT: Litigation Update The following litigation matters involving the Boynton Beach CRA have had activity within the past month. A brief description of the activity and the status of each case follows: 1. West Construction,, Inc. v. ll a s r ci c. f fate Collage _ ies West Construction ( "West ") filed a lawsuit against the CRA and Collage seeking a declaratory judgment from the court that the CRA wrongfully selected Collage over West for the Boynton Harbor construction project. West also sought a temporary and permanent injunction asking the court to halt construction on the Boynton Harbor project and award the bid to West. The basis of West's Complaint is that the criteria utilized by the CRA to determine what constitutes a "responsible" bidder were arbitrary, capricious and generally improper. On behalf of the CRA, we filed a Motion to Dismiss the Complaint and the request for an injunction. On March 25, 2014, West called up for a hearing before Judge Thomas Barkdull, its Motion for a Temporary Injunction or, in the alternative, to have an expedited hearing on the motion. The hearing on the 25 was at the court's Uniform Motion Calendar which provides only 10 min. for argument. At that hearing Judge Barkdull indicated that he would not enter an See Things Differently' TAMPA BAY JACKSONVILLE TALLAHASSEE WEST PALM BEACH 101 Riverfront Boulevard 245 Riverside Avenue 315 South Calhoun Street 515 North Flagler Drive Suite 620 Suite 150 Suite 830 Suite 1500 Bradenton, Florida 34205 Jacksonville, Florida 32202 Tallahassee, Florida 32301 West Palm Beach, Florida 33401 p 941 -708 -4040 • f1941- 708 -4024 p1904- 353 -6410 • f1904- 353 -7619 p1850- 222 -5702 • f1850- 224 -9242 p1561.640 -0820 • 11561-640-8202 www.11w- law.com Vivian Brooks May 6, 2014 Page 2 injunction without an evidentiary hearing and that the circumstances did not warrant an emergency injunction being entered. Judge Barkdull also indicated that the CRA's Motion to Dismiss would need to be heard before the request for a temporary injunction. A hearing was held on the outstanding motions on May 5, 2014. After hearing argument on the CRA's Motion to Dismiss, but before taking any testimony on West's Motion for Temporary Injunction, the court denied our Motion to Dismiss but informed West that while it could choose to move forward with the temporary injunction hearing, it had a very high burden to meet in order to obtain such relief. After a brief recess, West withdrew its motion. The court then directed us to file our Answer to the Amended Complaint for Declaratory Relief within 20 days. The status of the case is that West still will have the opportunity to pursue its claim that the Invitation to Bid, in its present form, improperly served as an automatic disqualification of its bid. If West were to prevail, the relief it would be entitled to would he its bid preparation costs, its litigation costs (but not attorney's fees), and a declaration that the wording of our invitation to bid is arbitrary and capricious. Counsel still feels strongly that West will not be able to establish that it is entitled to damages and that the invitation to bid was not improper. Given the status of the case, Counsel would request an attorney/client executive session to receive advice from the Board regarding the litigation and to discuss potential settlement negotiations or strategy related to litigation expenses. 2. Wells Fargo Bank, Inc. v. Hector G. Lopez, BpAnton Beach , etc., This is a mortgage foreclosure action under the Homeowners Assistance Program ( "HAP ") where the CRA held a second mortgage to Wells Fargo Bank. The CRA answered the Complaint and filed a Cross - Claimm for foreclosure on its second mortgage. As trial time neared it became apparent that the bank's foreclosure action would preclude a foreclosure action by the CRA and no count had been pled for damages on the note. As such, it was decided not to attend the trial recognizing that the CRA's foreclosure action could not prevail. A foreclosure judgment was entered against the Lopez's and the CRA's Cross -Claim was denied. A notice of sale was issued and the sale of the property occurred on April 15, 2014. The sale of the property did not produce enough funds to pay off Wells Fargo's claim. Beyond that, should it come to the CRA's attention that Mr. or Mrs. Lopez has assets that can satisfy the debt to the CRA, a new action for damages on the note may be available to the CRA depending upon the timing and the statute of limitations. 3. PNC Bank v. Andrae Robinson. Bovnton Beach ,eta. This case was originally filed in 2012 and the CRA had not, at the time of change in counsel, been served. In early February of this year, the CRA was served and we filed an Answer and a Cross -Claim for breach of the Promissory Note. This, too, was a HAP loan and mortgage and the CRA's Cross -Claim seeks damages in the amount of the loan, $50,000, with interest since the date of the default on the Promissory Note. This Cross -Claim was filed consistent with the Board's Vivian Brooks May 6, 2014 Page 3 previous direction regarding the HAP foreclosures to seek a judgment for damages on the Note given the junior position of the CRA to the primary mortgage holder. Mr. Robinson has been personally served with our Cross -Claim and did not answer the Cross -Claim in a timely manner. A Motion for Clerk's Default was filed on April 9, 2014, to date the Clerk has not entered the default. 4. U.S. Bank National Association a and y a Shaw. Bovnton Beach . A Final Judgment of Foreclosure was entered in favor of the bank against the Shaws in January, 2014. Sale of the property was scheduled for February 3, 2014 and went forward. We filed a Motion for Entry of Default Final Judgment against the Shaws for their failure to respond to our Cross - Claim. We are seeking a judgment in the amount of $50,000 on the note plus attorneys' fees and costs. The hearing is scheduled for June 12, 2014. 5. NationStar art a v. a lac Beach et al. are A motion for Clerk Default has been filed by the CRA against Mr. Black on the CRA's Cross -Claim for Mr. Black's failure to file any response to the Cross - Claim. We filed a Motion for Entry of Default Final Judgment against Mr. Black for failure to respond to our Cross - Claim. We are seeking a judgment in the amount of $50,000 on the note plus attorneys' fees and costs. The hearing is scheduled for June 12, 2014. 6. Suntrust Mortgage v. Sasha Lagano, BpAnton Beach , et al. An Answer and Cross -Claim was filed on behalf of the CRA on June 5, 2012. To the date of the change in CRA counsel, Sasha Lagano had not been served. It was determined that service had been attempted at the wrong address and an Amended Cross -Claim has been prepared and a new Summons issued at Lagano's last known address. Ms. Lagano was served on March 31, 2014 and had twenty (20) days to answer the Cross - Claim. Ms. Lagano has not responded to the Cross - Claim and a Motion for Clerk's Default has been prepared and will be filed. Additionally, the Court scheduled another Case Management Conference in this matter for May 28, 2014. 7. Lisa v. BoInton Beach On March 11, 2014, the Fourth District Court of Appeal denied Ms. Bright's Motion for Rehearing filed on February 3, 2013 of the Court's previous determination to dismiss her appeal. It is my understanding that insurance defense counsel will be providing additional information and details regarding this matter. As always, if you have any questions or request additional information, please do not hesitate to contact me. 8. JPMorgan An Answer and Cross -Claim was filed on behalf of the CRA on April 23, 2014. The Cross Claim in currently out for service on the homeowner. i t _ lt 1i }st tiui i�ts�. 5 B "CRA 10 OYNTON" i CRA BOARD MEETING CAF: May 13, 2014 1 Consent Agenda I I Old Business New Business Legal I X Other SUBJECT: Vies in the Park SUMMARY CAP: • On Friday, May 2, 2014, the Boynton Beach CRA presented the Movies in the Park • Featured movie — The Secret Life of Walter Mitty (PG) — starring Ben Stiller • This FREE event took place in Dewey Park from 8 —10 pm • Approximately 225 guests in attendance • Local businesss were present offering food and drink for sale: Olde Tyme Kettle Corn, Potions in Motion and KP Concessions + Boynton Beach Track Club was present selling candy in support of their summer camp program Ample FREE parking onsite Guests were encouraged to bring their beach chairs and blankets • High visibility in new Dewey Park location • Great proximity to local businesses in new Dewey Park location • Gift cards donated by local businesses were raffled off to attending guests along with bags of kettle corn generously donated by Olde Tyme Kettle Corn • Will continue to market the new Dewey Park location and encourage local business to participate • Next Movie in the Park is scheduled for Friday — June 27, 2014 at 8pm — Featured movie THE LEGO MOVIE (PG) FISCAL IMPACT: Budgeted in line item 02 -58500 -480 CRA P LAN, PROGRAM OR PROJEC DOWNTOWN MASTER PLAN RECOMME NDATIONS/OPTIONS: Amy Zi i Special Events C:IDocuments and SettingsWrnmermannaWy DocumentslCommittee MeetingsNoviesWovie Agenda Item May 13.doc { u Vv BOYNTOR, B E AC H 0 n 6 l OF £ 1 S I, t , t\ �� { y I . } f 1 r 'J wl�j l �,Y✓ " +1� " "��1�$l ", £, 1 -�j! ,,�s N A £ ��1„ s sk, , �4 r `e CatchBoynton.com 561.742.6246 Io THE SECRET Llff OF WALTER MITTY A COO ti �! l- 7 $t �H Q , " p `{ C:1Documents and Settingslzimmermanna\My Documents\Committee MeetingslMovies\Movie Agenda Item May 13.doc f BOYNTON BEACK�",�', CRA BOARD MEETING OF: May 13, 2014 I Consent Agenda II Old Business I ew Business I I Legal I X I ter SUBJECT: Happy Hour Thursday — Music on the Rocks 1 Shaken Not Stirred SUMMARY / CAP: • On Thursday, May 15, 2014, the Boynton Beach CRA will present the Happy Hour Thursday — Music on the Rocks Concert Series featuring the band Riverdown, a high energy pop rock and top 40 local band • This FREE event will take place at the Ocean Avenue Amphitheatre from 6 to 9 pm. Food and drink will be offered for sale courtesy KP Concessions and Potions in Motion • The CRA will supply illuminated high top tables with cloths and added illuminated floral centerpieces to create a Happy Hour environment • An additional Happy Hour Thursday concert has been scheduled for June 19, 2014 — Featured musical group is local band, String Theory, playing rock, reggae, classic and pop music • Food and drinks will be available for purchase • Ample FREE parking onsite • No pets please FISCAL IMPACT: Budgeted in line item 02- 58500 -480 CRA PLAN, PROGRAM OR PRO J E CT: DOWNTOWN MASTER PLAN RE COMMENDATI O NS/OPTIONS: Arny i e ` Special Events C:IDocuments and SettingMzimmermannaWy Documents\Committee Meetings\Concerts\Concert Agenda Item May 13.doc 4 } a BOYNTO = BEAC RA music-, ON THE ROCKS 11111116nnnnnnnnnnnnniirinnnn °9 °1 °q11! I � � qH�i 1N ('��! i r a 7 �3 S{ °III° s,, t I Il (�. i music ON THE ROCHS 5; rot 15 � le { i r � I l .7 g . C:IDocuments and SettingsWrnmermannafty r ocumentslc;ommittee MeetfngslConcerts\Concert Agenda Item May 13.doc , 4�r �' y« ar s v., � r 0 BOYN N . "( ? t't Vr�ir s rl , ll , ," ,,' CRA . . ....... .. ......... . .. . . . . ........ . . ... ..... . Join ul 001 a It 1 f f 1- l on the S' Thumdag of each mointh I music, ON Theough June 27th THE ROCHS fir r ' a n k��`��. 4i #..t�� r� sM v S °. 1 Pep Cover Pand Thursday,, June 19th l 4 4t� b II i, i r 4 s l b i i nm �� ; T G@#�'(! �t A i P ? / I { i FOOD AND BEVERAGES AVAILA FO T- PURCHAS 4 BRIN YOUR FAVORITE A OR BL ANKET CATCH AMOUIE UNDER THE STARS! fSI�YNTOi�F` Brought to you by the �.H, www.catchboynton.com MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, APRIL 8, 2014, AT 6.30 P.M. IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA PRESENT- Jerry Taylor, it Vivian Brooks, Executive Director Joe Casello, Vice Chair Ken Spillias, Board Attorney Buck Buchanan Mike Fitzpatrick Mark Karageorge Mack McCray David Mer I. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. I® Invocation and Pledge to the Flag Mr. Kar ge gave the invocation followed by the Pledge to the Flag led by Mr. Fitzpatrick. Ill. Roll Call Roll call was taken. A quorum was present. IV. Legal: A. Update on Bid Protest from West Construction — Boynton Harbor Marina Harbor Master Building Project Attorney Spillias explained a memo on the matter was included with the meeting materials, which he briefly reviewed. West Construction filed a lawsuit against the CRA and Collage Construction, the winner of the bid for the Boynton Harbor Marina project. This was a bid protest claiming the criteria for the bid award was arbitrary and capricious, West Construction asked for a temporary, and ultimately a permanent, injunction to halt the construction, reverse the Board's decision and make an award to West. A hearing was held to obtain an immediate injunction and the judge did not do Meeting Minutes Community Redevelopment Agency Board Boynton -- Beach, FL April 8, 2014 so, The matter is placed on the judge's docket for July and August and the CRA filed a motion to dismiss the complaint which the judge indicated he wants to hear. If the motion is denied, he would hear the request for an injunction. West Construction wrote two letters to the judge asking him to consider the matter an emergency and the judge has not responded to either letter. Unless something else happens, the hearing will not occur earlier than July and he advised Ms. Brooks there was no reason to delay commencement of the construction. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge added two it to Future Agenda for the next meeting: Code Compliance in the CRA District, and the Woman's Club and the CRA, He thought there was a solution for both. B. Adoption of Agenda Motion Mr. McCray moved to approve, Mr. Merker seconded the motion that unanimously passed, VL Informational It and Disclosures by Board Members and CRA Staff: A, Disclosure of Conflicts, Contacts and Relationships for It Presented to the CRA Board on Agenda Items Mr. Karageorge disclosed he is a customer at the restaurant owned by the applicant for the New Business, Item B, pertaining to additional outdoor seating. There would be no personal gain to him, but he wanted to disclose the friendship on record. He also disclosed he and Mr. Marker accidentally ran into Ms. Lisa Bright. The encounter was cordial and polite, but there was no discussion of any matter. Vice Chair Casello had no disclosures or announcements no did Messrs. Fitzpatrick, McCray and Buchanan. r® Merker explained he did not know he met Ms. Bright, but he said hello and Mr. Karageorge said that was Ms. Bright, He disclosed he frequents the East Ocean Cafe and knows the owner, who has an item on the agenda. He also acknowledged he knows Mr. Woodrow Hay who would receive an award. Chair Taylor advised he met with representatives from Auburn Group to discuss city- owned property. It is not an item on the agenda, but at some time in the future, they may come before the CRA and City Commission. 2 Meeting . Minutes Community Redevelopment Agency Board Boynton Beach, FL April 8, 2014 B. Informational Announcements Mr. Karageorge attended the CRA's concert, movie and market and praised the staff for their marketing efforts, He not there were three generations of attendees at the events, which were past, present and future dollars. He recognized Tracy Smith-Coffey and Amy Zimmermann for their efforts. He also contacted the Florida Redevelopment Association (FRA) Executive Director, Carol Westmoreland and Jeremey Earl, the Chair of FRA about adding a new category of Financial Excellence to the FRA Awards because the Boynton Beach CRA is one of the few CRAs that have had five years of clean audits. Again, he recognized Susan Harris and commented she should be recognized statewide. Mr. Karageorge commented Ms. Westmoreland would contact him the next day as they are organizing the next FRA conference in Miami. Mr. Kar ge commented he will be graduating from a Community Real Estate Development course on May 22nd. His project on the Cottage District received a bronze medal. He commented it was a very difficult project and he thanked Dave Brandt of the Finance Housing Authority of Palm Beach County, Ms. Brooks, Mike Simon and Mike Rumpf f o r t heir assistance. He also thanked the City Commissioners, CRA and it staff for attending the Wells Fargo Check presentation ceremony. Over $458,000 is being invested by Wells Fargo in the CRA district to beautify, upgrade the quality of housing and the streetscape in the area. Mr. Mc Cray commented he attended the Boutique Market and suggested Chair Taylor continue to solicit disclosures and announcements starting with Mr. Karageorge since he provides a good summation for all the members. Mr. Buchanan agreed with Mr. McCray's suggestion. Chair Taylor commented he and his wife attended the movie Frozen at Dewey Park. He read an article from the Sun-Sentinel entitled Boynton Model Block Scores $450K donation detailing a model block in Boynton Beach received a large donation on Monday, Wells Fargo Community Bank presented two checks totaling $458K to the Boynton Beach Fit® Community Development Corporation and the Neighborhood Renaissance Corporation to beautify a blighted block between Sara Simms Park on NW 9th Court and Poinciana. Elementary School on Seac Boulevard, The money will be used to revamp the Heart of Boynton block by providing new landscaping, sidewalks, trees, neighborhood signs, a bus shelter and other property renovations. Chair Taylor commented it was close to half a million dollars and will go a long way in that area, He appreciated both the Housing Authority, and he recognized Mr Karageorge as he had some input in the donation. 3 Meeting minutes Community Redevelopment Agency Board Boynton Beach, FL April 8, 2014 Vill. Announcements & Awards: A. Presentation to Woodrow Hay for Service to the CRA and the Community Chair Taylor requested former Board Member, Woodrow Hay, come to the podium for a presentation recognizing his service to the CRA and community. Chair Taylor commented he appreciates his friendship and service on the Board over the past few years. He did an excellent job and set the bar high. He presented him with an award inscribed Boynton Beach CRA, Woodrow Hay, 2007-2014, with hearffelt appreciation for your dedication to the Boynton Beach CRA, Mr, Hay explained it was an honor to serve and he enjoyed it and he learned to walk the waI k and talk the talk. He has taught Sunday school for 40 years and he teaches his cI ass they must lift the words out of the Bible and make them become living words that live in them enabling them to be a master servant. He explained the job is to serve others and the members should never forget it or let the title go tot it heads. If they serve others, the Lord will take care of them, Mr. Hay acknowledged his if for all her support and attendance. She has attended nearly every meeting and has always been there for him. He wanted to public ally thank her from the bottom of his heart for 48 years of marriage. He requested the Board keep in what they are doing and he commented to Mr. Merker he still loves him and there was nothing Mr. Merker could do about it. Mr. Mer explained in Greek thinking there are three types of love including felos, which is love of friendship, understanding, and being there for one another. He wished Mr. Hay felos. B. Movies in the Park: April 4 - Fran— i r ing, Events and th Economic Devel , opment Assistant estimated about 300 people attended the April 4 viewing of Frozen and agreed it was a multi-generational event, Maui Wowi and Oldtime Kettle Corn were present and the Schoolhouse Children's Museum ran out of craft supplies. Costumed characters, obtained by a local business, were a hit. May 2 — The Secret Life of Walter Mitty Ms. Zimmermann explained this event was not an animated movie and would be marketed as a "Date Night". Oldtime Kettle Corn, the Pizza Trolley, the Little House and Maui Wowie will in be present and she hoped for good weather 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 8, 2014 C. Happy Hour Thursday — Music on the Rocks/Shaken Not Stirred Ms. Zimmermann explained the March 20 concert featured Wonderama. The band was so well liked, staff asked them to play an extra 30 minutes, Staff is exploring the option of having the next band, Funkabilly Playbors, play till 9 p.m. There will be food and a full bar available. The last concert is May 15 and will feature Riverdown band. D. Boynton Beach Boutique Market Ms. Zimmermann spoke with the market managers who confirmed there were 21 vendors present and they explained the attendance overall was slow for this Sunday, due to many snowbirds returning north. The markets will continue until April 27 Mr. Merker left the dais at 6:52 p.m, Vice Chair Casello commented there were two ground-breaking ceremonies and it was great to see two construction projects occurring at the same time. He commended staff for the reception for the new Harbor Master Building. Vill. Consent Agenda: A. Approval of Minutes — CRA Board tin 12, 2014 B. Approval of Period Ended March 31, 2014 Financial Report C. Monthly Purchase Orders Motion Mr. Fitzpatrick moved to approve the consent agenda. Mr McCray seconded the moLion that passed 6-0 (Mr. Mer not present cart vote.) IX Pulled Consent Agenda Items: None, X. Information Only: A. Public Comment Log Chair Taylor not there were two comments received. Mr. Merker return ed to the dais Meeting Minutes Comrnun4 Redevelopment Agency Board Boynton Beach, FL April 8, 2014 B. Business Development Advertising Campaign Mr. K ge thought the campaign was excellent and he commended staff. The members had received the Boynton Forum containing the CRA's Annual Report as an insert. He commented people were starting to realize the great things the CRA does for businesses. He thanked Ms. Smith-Coffey and commented people were starting to see the return on investment. C. Recap of Commercial Broker Reception ® 3/13/14 Ms. Brooks commented this event had a good turnout and staff received great feedback from the attendees. Staff will be sending follow-up postcards to attendees, those who did not attend, the Commercial Broker Alliance and the National Association of Industrial and Office Properties detailing the available incentives. Staff will send them on a quarterly basis so potential businesses do not forget Boynton Beach. Chair Taylor commented he received positive feedback on the update and the information that was presented was helpful. X11. Public Comments: (Note: comments are limited to three minutes in duration) None. I. Public Hearing: None X111. Old Business: A. Update on Seacrest Banner Project Ms. Brooks explained this project was just completed. There are new light poles installed as part of the Sear-rest streetscape to enhance the neighborhood's feel, Elements taken from the public art on the corner of Seacrest and MILK Boulevards were contained in the banners and the banners signifi ed one was in a neighborhood, In total, 16 light of were installed. Mr. Mc Cray commended Ms. Brooks and her staff for a job well done and pointed out the lights look good. They enhance the neighborhood, and create a feel of being part of something. Ms. Brooks acknowledged the area was coming together, B, Update on Marina Phase If Project Chair Taylor not It B and C both had recent groundbreaking ceremonies. Mike Silmo Assistant Director, explained staff will provide updates and photographs on the progress of these types of projects, He noted the members saw the result of the photographs contained in the meeting materials and Collage, as part of their 6 Meeting Minutes CommunKy Redevelopment Agency Board Boynton Beach, FL April 8, 2014 construction phasing, takes monthly aerial photographs. On Monday, they started work on the grade beam and forming the slab foundation, and the work was progressing well. He thanked the Board for attending the groundbreaking ceremony, Mr. Simon explained staff would send photos between meetings for the members to review and he encouraged them to visit Two Georges and walk around the front of the building to get a clear view. All was going well with Two Georges and the roundabout. After the grade beam is laid and the foundation is poured in the next two weeks, vertical construction will begin. C. Update on Parking Lot Project on NE 1 et Ave. & NE 1 st Street and & Sidewalk Connector located at 208 NE 1st Avenue Mr. Simon explained the parking lot project site is cleared and grubbed, Some excavation work for the drainage took place and some work was started on the sidewalk project. Staff has been working with and sent a letter to the Millicent Condominium residents announcing the project would take place. The residents there have been great and were supportive of the work. Mr. Simon anticipated the project would last about four months, contingent on the weather. XIV, New Business: A. Presentation of the CRA Annual Report Ms. Brooks explained the CRA is required to file an annual report. The report can be in and boring, and, by I has to be sent to individuals who contribute to the Tax Increment Finance fund and to be posted online. She explained the report could be used as a marketing tool to let the public know what is being done, which staff does every year, This year, rather than mailing the report, which was expensive, Ms. Smith- Coffey suggested sending it as an insert in the Boynton Forum by zip code. It only cost $180 to insert the report as opposed to spending thousands for mailings. The report was sent to residents who receive the paper, it is on the website, and it was sent to the County Commission because they contribute a portion of the revenue. The report details the projects the CRA worked on and how the money was spent last year. It also highlights the CRA's transparency. Mr. McCray thanked staff for delivering the paper to his home. Mr, Karageorge commented he received positive feedback from those who received it, B. Consideration of Approval of Sidewalk Cafe Permit for East Ocean Caf6 — 412 East Ocean Avenue. Mr. Simon reviewed the it which requested a permit. City Land Development Regulations require these permits be issued in order to operate outdoor dining when they abut a sidewalk or when there is outdoor seating in a public right-of-way. The requests go before the City Commission that the CRA district is located in and requires 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 8, 2014 the CRA Board approve or deny the request, This application meets all of the requirements according to the City's review and Planning and Zoning deemed the request appropriate and complete, with one condition the tables do not encroach onto other business areas and any future changes must come back before the City. Staff recommended approval of the request. Motion r® Mer moved to approve. r® Buchanan seconded the motion. Vice Chair Casello had breakfast there and noted there was a tree in front of the establishment. He thought the tree could be replaced to provide shade and spoke with Ms. Brooks about it. Mr. Simon agreed to look into the matter and commented they are implementing a lighting project on Ocean Avenue and they could both be addressed together. Mr. McCray was concerned about cars driving onto the sidewalk and inquired if there were barriers at the location- Mr, Simon commented there is curbing. Mr. Merker commented tables were setback even more, The motion unanimously passed. ® Executive Director's Report: A. New Businesses in CRA District Chair Taylor noted there were three new businesses in the District who were: Bluestone Cabinet at 1370 W. Industrial Avenue, Native Kava LILC, 100 NE S th Street, Marina Village, and Sobriety Now, 639 E. Ocean Avenue, Vice Chair Casello commented there was a bill in Tallahassee which could affect the Sobriety Now business. Mr. Kar ge noted with the opening of Native Kava, there are now three occupied storefronts where previously they were empty, One more business was needed to completely fill that side. There was also brief discussion about Kava being a specialty tea or whether it was an unregulated drug. The beverage was from a root and it is a Fiji Island drink that can have it euphoric effects. B. Development Projects Update Chair Taylor of there were 11 updates included in the meeting materials. Vice Chair Casello inquired about the Denny's site and Ms. Brooks responded they met regarding a Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 8, 2014 the application process for Code Lien reductions. Ms, Brooks wants to investigate all the properties that have that same issue as she believes there are many, and send a letter advising owners if they are unable to sell their properties because of the liens, there is a process they should consider. it Taylor noted an ordinance was heard at the last it Commission meeting that moved those issues to the City Manager. Mr. Karageorge noted it was a factor with one site and there are many buildings there that had liens on them for years. XVI. Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group Ms. Brooks explained staff was trying to work with LeCesse and requested documents that have not yet been received. When received, they would be brought to the Board. Staff also issued a letter in support of the City's grant for qulet zones, Mr. Fitzpatrick commented on LeCesse and 500 Ocean. He requested Ms. Brooks keep a list of how the CRA was being proactive with the project. Should it fail, he did not want Ms. Brooks to suffer any repercussions and the list would show how the CRA actively pursued the initiative. Ms, Brooks explained she ernails LeCesse periodically. From a design perspective, the it and CRA worked out the details, but now it is a financial discussion. Mr. Mer thought it was typical a business owner would want something for nothing. He thought the CRA should take a stand, be smart and prudent. Mr. Kar ge commented LeCesse indicated they would come to the next meeting. XVIL Adjournment There being no further business to discuss, it Taylor adjourned the meeting at 7:14 p.m. Catherine Cherry Minutes Specialist 040914 9 Boyl's �f -' C RA CRA BOARD MEETING OF.* May 13, 2014 Consent gent ( Old Business New Business public He tether 1 SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending April 30, 2014. FISCAL IMPACT: None CRA PLAN, P OR PROJECT: NIA RECOMMENDATIONS: Approve monthly financial report. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\May 20141Financial Report.docx F z o �m000 °J C3) F rn d n co orn ou Doom n s€ o w w H € �l Ul T W ul d' N O .� O m m N O Ln l0 O O C7 '7 '-I !� O O O ri rl ul ul (- O 61 m m m O r cn O ❑ H m O rl a t' d' m to v m O d+ N v r Lfl Pa P W a _ O \O m m 0 LO €i m Lo v M n O 61 u) m O O d' 0 0 0 r-I l➢ Q O lO m O p r i6 N m p M m r m m M O r r m O Ln lO w P4 w O 61 rn rl rn [� d: u] O r 61 O m rl t4 I. N O cV CN 0 v-I N m V O m CO CO 61 !� G' V' N m O ID N r l0 co ' :. rl N Ol m N Lfl Y' lO m N M Ol C 0 61 O m r r M m M u � a d• OO N N Ln rl rn 9 M Ln .-i r r M lO O r Ln M O M ry (D 1 Lfl U !� r N r 9 N 61 m N lO d• v' N l0 rl ul Ln (D W m M r O 3 t O O O P o Cl N P o O ry 0 ul O O u) o 0 0 o M 'i M ❑ 0 0 0 0 0 0 0 0. 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( 3 § « - : Il § \j \( \ /) Ch ° /\� EL ) ~\ SR} �( ° jG (\ \( 4 00 CC) 3VA - - \cw mqo . e � .( jam o o\ \( \ \ \ El j 9 \ o m q G 9 2 / e ^ ( \ / \ / 0 CD (b ( ( § m (\ }: ~ 9 @ \ © R[ K 0 } i j \ 0 . B a(NTk0-. QW E AC 1 C 1Z A- CRA May 13, 2014 C onsent Agend Old Business New Business _._._ � � Public Hearing SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for April 2014. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJ None RE COMMENDA TIO N S : Approve the purchase order report. a�o 4" - Finance Director Boynton Beach CRA Purchase Order Report Month: April 2014 Vendor Amount Funding Source Descriptio Purchase of Louis Massry Lewi Longman & Walker P.A. $ 40,000 02-58200-401 Pro perty T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPO RTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslMay 20141Monthly Purchase Order Report 2014 CRA COMMENT LOG Date Name e Comment The Executive Director called and explained that the purpose of the video was to market local restaurants to people attending the Did not like having his movies. He still did not want to restaurant videoed for the participate and she told him she marketing. Requested his would make every effort to remove portion be removed and not his restaurant from the vidoe prior to 4/4/2014 Call Kevin Scully shown at events. the movie tonight. Helen Bardwin Old dive shop building in Martin - Marina Marina Village is an eyesore 5/7/2014 Email Village Owner and should be torn down. Old dive shop building in Jean -Guy Marina Village should be torn Morency - down and replaced w/ a park. Marina Village Sea Mist and Jet Ski Rental 5/7/2014 Email Owner needs to be cleaned up. Utterback, Subject: FW: Marina Village location of Former Dive Shop From: Helen Martin [ ailto:b. artin@co castor et Sent: Wednesday, May 07, 2014 4:32 PM To: Simon, Michael Subject: Marina Village location of Former Dive Shop Hello Mr. Simon, Assistant Director, Boynton Beach CRA Board: I am the owner, along with my husband, Don Martin of Marina Village Unit 2 -702. 1 will be out of town for the CRA meeting in which plans will be discussed for the Marina Village location of the former dive shop. However, I wish to express my opinion of any future plans for the building. We have been owners of a condo at Marina Village since it's inception. We take great pride in our property there and want to see it maintained for the high quality property it is. My husband grew up in Boynton Beach and we are very passionate about the future of this quaint town. It is time for Boyton's old downtown to grow up. We would like to see Boynton be brought into a more updated version, attracting more architecturally pleasing retail and residential space along the Ocean Avenue corridor. It has so much potential that isn't being realized! The old dive shop is an eyesore on this property. The city of Boynton seems to take pride in the Marina Village /Marina. It is truly destroying the first impression of the Marina Village entry and should be torn down It isn't historical; it's facade it quite unattractive and not of any real architectural period other than a mix up of styles, none of which go together. The horrible green color is equally insulting in it's garishness next to Marina Village. I am sorry to be so harsh but I am a design consultant and feel very strongly about this subject. The Dive Shop has been relocated and a more than fair assessment paid to it's owner. E believe as does my husband that the old dive shop should be replaced by landscaped reen space equal to the area around the Light House entrance area I think it should be enhanced with public art and possibly seating (permanent benches). One only has to look at the recent history of what was accomplished in Delray Beach to see the potential in Boynton!!!! We watched as Delray came out of the economic slump in the 1980's to be the power house of Real Estate values and great change that has happened there. I hear great things about you and the CRA Board and hope that you all are the catalyst to see REAL change in Boynton Beach. A change for the better, not living in the past. Thank you for your time and attention! Helen Baldwin Martin 625 Casa Loma Blvd. Unit 2 -702 Boynton Beach, Florida 33435 Cell 404-275-5678 i Utterback, - - - -- Original Message---- - From: Jean -Guy M. [ mailto:jgmworld@gmaii.com ] Sent: Wednesday, May 07, 2014 10:33 PM To: Simon, Michael Subject: The old dive shop at Boynton Beach Hello Mr. Simon, j hope you are well.... I received yesterday an email from the administration of Marina Village about what I would like to see in its place of the old dive shop.....? I think that this is already a few years that this building is empty.... nobody use it.... This building is ugly and past date.... and it's not going with the nice environment of Boynton Marina development. I propose a demolition.....and 1 see there a green space .... a small park .... with palms, pole flag and benches.... In the same time I have a comments about the place of jet ski renting and Sea Mist fishing charter boat .....! like this place but.... Is it possible to keep this area more clean and more presentable .... it looks like a dump.... garbage containers, ice maker, dozen of gas tank, old jet ski docks and more.... Thank you for giving me the opportunity to express our opinion and inform me of the sequel to this folder. Have a nice day Regards Jean -Guy Morency Owner of 625 Casa Loma # 205 and boat slip D -31 ( French Canadian with the Steffle Blue boat) email : rnworldrr�ail.ccrr� phone: 561 - 369 -8312 1 B OYNTON� ' C U RA v CRA BOA" MEETING OF: Ma 13, 2014 Consent Agenda I I Old Business I I N ew Business I I Legal I X In formation Only SUBJECT: Update on irrigation and maintenance for the CRA owned property located at 222 N. Federal Highway. SUMM At their February 11, 2014 meeting, the CRA Board directed staff to proceed with the installation of irrigation and landscape improvements to the CRA owned property located at 222 N. Federal Highway. The cost for the irrigation revisions for the property area of new sod were $3,012.07. The cost for the landscape enhancements along the Federal Highway portion of the property were $1,316.30. After the process of obtaining quotes for the improvements, both phases of the project were completed in April 2014. (See attached pictures). FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan COMMENDATIONS /OPTIONS: None, information only. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslMay 2014/222 N Fed Hwy irrigation prj.doc 222 N. Federal Highways _ , Irrigation & Landscaping Improvements t., i I i �» P §l„ ; 1 IN, 7 L § I Sf i 4 S q y � K � .. t #jt r \ s. 1 t�tt ( �rpn ,,, - i tk 4 sf }li ` y# tr po 0 lob 1 tl i Y� :" ip m I t 0 ,n r „, r t A t t � , q S < � t v 1 r j r 7 ;xP eE iull� g iiyi,,. } s�fi tell +lfllli� �� t t� � `` E AC H �> C RA CRA BOARD MEETING OF** Ma 13, 2014 L l Consent Agenda ( ( Geld Business I I New Business I I Legal (% I Information only SUBJECT: Marketing Collaboration- Florida Trend Magazine SUMMARY: The Boynton Beach CRA partnered with the City of Boynton Beach Economic Development Division for the design and cost of an ad in May's issue of Florida Trend magazine. This issue was a bonus distribution campaign sponsored by the Business Development Board of Palm Beach County. The target market for this issue was in the New York Metro area to 3,000 senior level executives. About 70% of these recipients were corporate relocation and site selection specialists for companies that might relocate or open branch offices in Florida, and the other 15% were top CEO's of companies in the Bio/Medical, Aerospace, Defense, and Energy & Power industries. Florida Trend's monthly print readership is 250,000 and monthly online viewership is 80,000. The objective for this collaboration is to partner with the City's Economic Development Division on projects like this and share expenses to leverage exposure regionally and nationally. The ad conveys "Transform Your Business into a Lifestyle You Love" by relocating your business to Boynton Beach on the vibrant east coast of Florida. FISCAL IMPACT Total cost of the ad $9,345. The City paid $4,672.50 and CRA paid $4,672.50. CRA PLAN, PROGRAM OR PROJECT: All CRA Projects and Programs r t cy Smith Co y Business Development & Marketing T :'AGE NDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeebngslMay 20141Marketing Collaboration - Florida Trend Magazine.doc Florida Trend ad — May 2014 Leadership t 3 � ! „r m usl Know Calms l � ° �_ia�CS� r�; mtnn g stititt _ �;1�it ftrla NNW Bn ley i � �t�S��ti't`� e a j M3chaelftzkal h . r Ft t ,'!fit .t, ifl n , I N I TOc N B n _ r , {{ H , 5" E A C RA CRA BOA" MEETING CAF: Ma 13, 2014 G 1 Consent Agenda f Old Business I f New Business J C Legal X Information �nlg SUBJECT: Business Development Advertising Campaign SUMMARY As part of the ongoing marketing efforts to assist local merchants in an advertising campaign, the CPA allocated funds in the budget for a monthly double page spread in the Boynton Forum. Every month the double page spread has a different theme in which the businesses are rotated to support the overall "Shop Local "mission. The ads that were created for the monthly campaign are then posted on the CRA Facebook page to further promote the businesses. The month of May ad featured Catch a Mother's Day Celebration which encouraged the restaurants in downtown Boynton to offer something for Mother's Day. This ad was in the Boynton Forum and the Delray Forum this month. Along with the double page spread ad, each month staff is working with a Boynton Forum writer to feature a business with an article. Maui Wowi Hawaiian Coffee & Smoothies is the featured business for May. New businesses to the CRA district are contacted and encouraged to participate in this free advertising campaign as a welcoming introduction to the area. This advertising campaign has increased visibility for local businesses which sends a message to the community that east Boynton is open for business! FISCAL ACT: $15,620.00 Marketing & Business Development Budget CRA PLAN, PROGRAM OR PROJE Marketing Tracy Smith - Coffey Business Development & Marketing T:AGENDAS, CONSENT AGENDAS, MONTHLY REF"ORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingsWay 201 MBusiness Development advertising Campaign Agenda item May.doc 'P� 1: 40 A R zz z . . ....... . ' +11 l l � ZS 7.4 15" m NS INS, c oll 0 ............ . gg J 3 T i 41 CN L � 6 w ® io 1 - A G 3 Mz nr UP NZ ce U ti ev_i �i k %n 7 n �.� �.ti' i 5Y � 4 6r QB m r�_1 tl C '' i Yy3 i � �,� � i� .0 11 a 4,6 JAN ENGOREN JENGGRENGTRIBUNE.COM Maui' Wowi building busm*ess one smoothie at a time After 25 ears in the i k Y armentcenter in New - ��, g, York City, Freddie Ha- zan sold his family�� business, acked u p P end moved to South "`f Florida to start a new life and new business. In July oflast year, Hazan brought the first Maui Wowi coffee and smoothie franchise to F Boynton Beach with its "Hawaiian flavor; is- t -r. ' land attitude." Located in the shops t , �� 1A ire of Las Ventanas on East o, Woolbri ht Ave., it now A COOL RETREAT The Maui Wow! coffoo and smoothie i serves up Hawaiian- franchise has ahawailan flavor and island affitude BUBMII O PHOTOS M tkaomed 311 - natural , gam juice smoothies made - withnon- fatyogurt in Kona coffee espresso "I enjoy being part of flavors of strawberry drinks, made with theBoyn- banana, mango orange, Kona coffee, one of the ton Beach ��tra�� , pine colada and kiwi most expensive coffee communi- z ty," sa lemon -Lime, as well as beans in the world, id - � `' T ` _..� °�` n m ® Manolakos has added a NEW locati m D Board - Certified Dermatolog a �7 g 41, Let Dr. Manolakos help you have the best skin you're in. ° r n � GoldCoa DermafologyCenter General, Cosmetic and Sur iad Dermatology o ��s��,a, Danielle Manc�lakos, D.O., M.P.H., F.A. .C.D. � ,,�� "F, 5210 Linton Blvd., Suite 304, Delray Beach A 561, 495.9797 MISSION 4 „ www .goldcoostdermatologycenter,com Cn i Hazan, a 7 7 , 6 short gre- 1; $ r 1 o U. 6� man who is n , r working hard and get- ting involved in his new community to bet- y asp` ter build his business and clientele. available for adoption, at the Lake Lytal Fami- "I went to Pirate Fest hasagod- daughter IyAquaticCenterin q �, in October, and my named Angel Myrthil West Palm Beach and f drinks were a big hit," who is a student at set up a booth to make he said. "I'll be at the Christa McAuliffe Mid- coffee and smoothies." Delray Affair atthe dle school and swims "Every time we're in end of April and have with the Coralytes, the area, we stop in at „ gotten involved with All the kids love the Maui Wowi for ablend- the Palm Beach Car- smoothies, "saidCof - ed drink; Angel has to -, alytes, asynchronized fin, "Even though I'm have her strawberry- swim team. I go to their not much of a coffee bananasmoothie," Du meets and donate a drinker, I tried the said Coffin. "Freddie e! percentage of my total c h o c o l a t e mocha has become part of our T sales back to them." smoothie and it is to synchronized swim Linda Coffin, a die for," family." guardian ad litem who She added, "Freddie On a recentweekday runs the Heart Gallery, is great to work with morning, regular cus "t which a Children's and a lot offun. He tomersdoe �i { },� �{ 15� �` z Home Society program came with us to the Nicholson, that displaysportraits swim meet in Orlando a personal of children who are and a statewide meet trainer, m z W� a Call me to find out A L Ml o if you can save now. Allstate. co David Heiny < (561) 433 -2880 z " . 1 6338 Lantana Rd. I Lake Worth z davldheiny ®allstate.com D - klwlfn' o�arm.xs eukeW to Mmn .ones ok. .IL :m`.n iebiry tff••. "` l7 • hlivur¢x �mwnY. NwtA4ruek ®]�13 RIlehlelnuraru ["npnY '.. _ T 001 f A s From Boca Raton to Boynton Beach, Since 1989 s Honest, Dependable, Efficient I o g • Licensed • Bonded • Insured w le'll lake Your Kitchen & B alh S hine. W Polish All Furniture & C hange Linens. C ENTER FCP Tli AWS � n ` Provide U S upplies, Vacuums Etc. � 1 RTOLL C HOD_ aQUA.p 4 r i CLEAN ' k ka r S SLIM MU. 55 r"�^jMM aIda ])"r' a Family awaed b Operated 214 NE 1" Ave. • Delray Beach nrt M ari vast e1- < y �� 1111! A1Ld1VdK'E s�.,t..",. • ALLNOUSECALLS.COM Y' s�g" '' = °-� 561 -265- 553 - - _ - - I M and Tom able club chairs, free Nicholson, whose Matson, a Wi -Fi, TV and an out- drink of choice is the ,5 , metalfab- door patio. There is chocolatebanana � d ri c ato r, even a printer people smoothie said, "I love NES t o r a Elte9rL In t p p � 2 - � � � t �.ed in can useandaguitarin it here. Freddie is DHRAY E•145105 MllitaryTrafIC -2* rl protein shakes. the corner, should the amazing. It's like be- 6 - r,nN ' `� !A. cal gMlaf -TAW d1cA Matson, who prefers mood strike. ingathome.It'slike woorrwm a �Ae,eme.roep�x.,rmr. 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CRA BOARD MEETING OF* May 13, 2014 Consent agenda I I O ld Bus iness I I N ew Business Legal I X I Other SUBJECT: Annual Filing of Statement of Financial Interests SUMMARY: Board members and the Executive Director of the CRA are required to file annually the Statement of Financial Interests (attached). The form is mailed directly to the homes of the Board members and Executive Director. This is an "information only" item to remind the Board that the attached form is due no later than July 1S 2014. If the form is not filed when due, Board members and the Executive Director, are subject to fines as imposed according to Florida Statutes. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJ NIA � Susan Harris Finance Director T:'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\May 20141Statement of Financial Interests.docx FORM 1 STATEMENT OF 2013 Please print or type your name, mailing address, agency name, and position below: FINANCIAL INTERESTS ,:..,FICE USE ONLY: LAST NAME -- FIRST NAME -- MIDDLE NAME: MAILING ADDRESS : CITY: ZIP: COUNTY: NAME OF AGENCY: NAME OF OFFICE OR POSITION HELD OR SOUGHT: You are not limited to the space on the lines on this form. Attach additional sheets, if necessary. CHECK ONLYIF J CANDIDATE OR LJ NEW EMPLOYEE ORAPPOINTEE **** BOTH PARTS OF THIS SECTION MUST BE COMPLETED DISCLOSURE PERIOD: THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR YEAR OR ON A FISCAL YEAR. PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (must check one): ❑ DECEMBER 31, 2013 OR ❑ SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR: MANNER OF CALCULATING REPORTABLE INTERESTS: FILERS HAVE THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see instructions for further details). CHECK THE ONE YOU ARE USING: El COMPARATIVE (PERCENTAGE) THRESHOLDS OR La DOLLAR VALUE THRESHOLDS PART A PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person - See instructions] (if you have nothing to report, write "none" or 'Wa") NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART B SECONDARY SOURCES OF INCOME [Major customers, clients, and other sources of income to businesses owned by the reporting person - See instructions] (if you have nothing to report, write "none" or "nia") NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE PART C -- REALP OER [Land, buildings owned by the reporting person - See instructions] (If you have nothing to report, write "none" or "n1a") FILING INSTRUCTIONS for when and where to file this form are located at the bottom of page 2. INSTRUCTIONS on who must file this form and how to fill it ::1 out begin on page 3. CE FORM 1 - Effective: January 1, 2014. (Continued on reverse side) PAGE 1 Adopted by reference in Rule 34-8.202(1), F.A.C. PART D — INTANGIBLE PERSONALP OP [Stocks, bonds, certificates of deposit, etc. - See instructions] (if you have nothing to report, write "none" or "nia") TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART E — LIABILITIES [Major debts - See instructions] monommommommom (if you have nothing to report, write "none" or "ni NAME OF CREDITOR ADDRESS OF CREDITOR mmossmom PART F — INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses - See instructions] (if you have nothing to report, write "none" or "ri BUSINESS ENTITY 1 BUSINESS ENTITY # 2 NAME OF BUSINESS ENTITY ADDRESS OF BUSINESS ENTITY PRINCIPAL BUSINESS ACTIVITY POSITION HELD WITH ENTITY I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST anydEmommommm mossommommom IF ANY OF PARTS A THROUGH F ARE NTINUED ON A SEPARATE SHEET, PLEASE CHECK Hi gj1GNA (reguired): DATE SIGNED fteaulrggL If a certified public accountant licensed under Chapter 473, or attorney in good standing with the Florida Bar prepared this form for you, he or she must complete the following statement: 1, , prepared the CE Form 1 in accordance with Section 112.3145, Florida Statutes, and the instructions to the form. Upon my reasonable knowledge and belief, the disclosure herein is true and correct. Signature Date FILING INSTRUCTIONS WHAT TO FILE: WHERE TO FILE: WHEN TO FILE: After completing all parts of this form, including If you were mailed the form by the Commission Initially, each local officerlemployee, state officer, sic"ilng and dating it, send back only the first on Ethics or a County Supervisor of Elections for and specified state employee must file within sheet (pages 1 and 2) for filing. your annual disclosure filing, return the form to that 30 days of the date of his or her appointment location. or of the beginning of employment. Appointees If you have nothing to report in a particular Local officers /employees file with the Supervisor who must be confirmed by the Senate must file section, you must write "none" or "nia" in that of Elections of the county in which they permanently prior to confirmation, even if that is less than section(s). reside. (if you do not permanently reside in Florida, 30 days from the date of their appointment. file with the Supervisor of the county where your Candidates for publicly-elected local office must file NOTE: agency has its headquarters.) MULTIPLE FILING UNNECESSARY: icers at the same time they file their qualifying papers. Generally, a person who has filed Form 1 for a State off with the Commission on Ethics, P.O. Drawer 15709, or specified state employees file Thereafter, local officerslemployees, state officers, calendar or fiscal year is not required to file a Tallahassee, FL 32317-5709; physical address: and specified state employees are required to file second Form I for the same year. However, a 325 John Knox Road, Building E, Suite 20G, by July 1st following each calendar year in which candidate who previously filed Form 1 because of Tallahassee, FL 32303. they hold their positions, another public position must at least file a copy of Finally, at the end of office or employment, each his or her original Form 1 when qualifying. Candidates file this form together with their qualifying papers. local officerlemployee, state officer, and specified state employee is required to file a final disclosure To determine what category your position falls form (Form 1F) within 60 days of leaving office or under, see the "Who Must File" Instructions on employment. However, filing a CE Form 1 F (Final page 3. Statement of Financial Interests) does not relieve E&qsim,IIQS will ngi be accg1gled. the filer of filing a CE Form 1 if he or she was in their position on December 31, 2013. CE FORM 1 - Effective: January 1, 2014. PAGE 2 Adopted by reference in Rule 34,8.202(1). F.A.G. NOTICE Annual Statements of Financial Interests are due July 1. If the annual form is not filed or postmarked by September 2, an automatic fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500. [Sec. 112.3145, Florida Statutes - applicable to non judicial officials] In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: disqualification from being on the ballot, impeachment, removal, or suspension from office ore loy e, emotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [Sec. 112.317, Florida Statutes] WHO MUST FILE FORM 1: All persons who fall within the categories of "state officers," "local office rs/employees," or "specified state employees," as well as candidates for elective local office, are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial disclosure (Form 6) and officers of the judicial branch do not file Form 1 (see Form 6 for a list of persons who must file that form). STATE OFFICERS include: or municipal water resources coordinator; county or municipal pollution 1) Elected public officials not serving in a political subdivision of the control director; county or municipal environmental control director, county state and any person appointed to fill a vacancy in such office, unless or municipal administrator with power to grant or deny a land development required to file full disclosure on Form 6. permit; chief of police; fire chief; municipal clerk; appointed district school 2) Appointed members of each board, commission, authority, or superintendent; community college president; district medical examiner; council having statewide jurisdiction, excluding members of solely advisory purchasing agent (regardless of title) having the authority to make any bodies, but including judicial nominating commission members; Directors purchase exceeding $20,000 for the local governmental unit. of Enterprise Florida, Scripps Florida Funding Corporation, and Workforce 5) Officers and employees of entities serving as chief administrative Florida; and members of the Council on the Social Status of Black Men and officer of a political subdivision. Boys; and Governors and senior managers of Citizens Property Insurance 6) Members of governing boards of charter schools operated by a Corporation and Florida Workers' Compensation Joint Underwriting city or other public entity. Association, board members of the Northeast Fla. Regional Transportation SPECIFIED STATE EMPLOYEE5 include: Commission, and members of the board of Triumph Gulf Coast, Inc. 1) Employees in the office of the Governor or of a Cabinet member 3) The Commissioner of Education, members of the State Board of who are exempt from the Career Service System, excluding secretarial, Education, the Board of Governors, and the local Boards of Trustees and clerical, and similar positions. Presidents of state universities. 2) The following positions in each state department, commission, LOCAL OFFIGER&EIMPLOYEES include: board, or council: Secretary, Assistant or Deputy Secretary, Executive 1) Persons elected to office in any political subdivision (such as Director, Assistant or Deputy Executive Director, and anyone having the , , i municpali ies counties and special districts) and any person appointed to ....... - it. power normally conferred upon such persons, regardless of title. rill a vacancy in such office, unless required to file Form 6. 3) The following positions in each state department or division: 2) Appointed members of the following boards, councils, commissions, Director, Assistant or Deputy Director, Bureau Chief, Assistant Bureau authorities, or other bodies of county, municipality, school district, Chief, and any person having the power normally conferred upon such independent special district, or other political subdivision: the governing persons, regardless of title. body of the subdivision; community college or junior college district boards 4) Assistant State Attorneys, Assistant Public Defenders, criminal of trustees; boards having the power to enforce local code provisions; conflict and civil regional counsel, and assistant criminal conflict and civil boards of adjustment; planning or zoning boards having the power to regional counsel, Public Counsel, full-time state employees serving as recommend, create, or modify land planning or zoning within a political counsel or assistant counsel to a state agency, administrative law judges, subdivision, except for citizen advisory committees, technical coordinating and hearing officers. committees, and similar groups who only have the power to make 5) The Superintendent or Director of a state mental health institute recommendations to planning or zoning boards; pension or retirement establ}shed for training and research in the mental health field, or any boards empowered to invest pension or retirement funds or determine major state institution or facility established for corrections, training, entitlement to or amount of pensions or other retirement benefits. treatment, or rehabilitation. 3) Any appointed member of a local government board who is 6) State agency Business Managers, Finance and Accounting required to file a statement of financial interests by the appointing authority Directors, Personnel Officers, Grant Coordinators, and purchasing agents or the enabling legislation, ordinance, or resolution creating the board. (regardless of title) with power to make a purchase exceeding $20,000. 4) Persons holding any of these positions in local government: 7) The following positions in legislative branch agencies: each mayor; county or city manager; chief administrative employee or finance employee (other than those employed in maintenance, clerical, secretarial, director of a county, municipality, or other political subdivision; county or or similar positions and legislative assistants exempted by the presiding attorney; chief county or municipal building inspector; county officer of their house); and each employee of the Commission on Ethics. INSTRUt.TIONS FOR COMPLETING FORM 1: INTRODUCTORY INFORMATION (At Top of Form): PUBLIC RECORD: The disclosure form and everything attached to it is a public record. Your Sggjal Zecurity Number is not reguired If your name, mailing address, public agency, and position are already and you should redact it from any documents yQu file. If you are printed on the form, you do not need to provide this information unless it an active or former officer or employee listed in Section 119.071(4)(d), should be changed. To change any of this information, write the correct F.S., whose home address is exempt from disclosure, the Commission information on the form, and contact your agency's financial disclosure is required to maintain the confidentiality of your home address & coordinator. Your coordinator is identified in the financial disclosure you submit a written reguest for conrld-entiaW. Persons listed portal on the Commission on Ethics website: www.ethics.state.fl.us. in Section 119.071(4)(d), F-S., are encouraged to provide an address NAME OF AGENCY. This should be the name of the governmental unit other than their home address. which you serve or served, by which you are or were employed, or for DISCLOSURE PERIOD: The tax year for most individuals is the calen- which you are a candidate. dar year (January 1 through December 31). If that is the case for you, then your financial interests should be reported for the calendar year OFFICE OR POSITION HELD OR SOUGHT: Use the title of the office 2013; just check the box and you do not need to add any information in or position you hold, are seeking, or held during the disclosure period this part of the form. However, if you file your IRS tax return based on even if you have since left that position. If you are a candidate for office a tax year that is not the calendar year, you should specify the dates of or are a new employee or appointee, check the appropriate box. your tax year in this portion of the form and check the appropriate box. This is the time frame or 'disclosure period" for your report. ........... ......... .. .. CE FORM 1 - Effective: January 1, 2014. Adopted by reference in Rule 34-8,202(1), F.A.C. PAGE 3 MANNER OF CALCULATING REPORTABLE INTEREST As noted on the form, filers have the option of reporting based on either thresholds that are comparative (usually, based on percentage values) or thresholds that are based on absolute dollar values. The instructions on the following pages specifically describe the different thresholds. Check the box that reflects the choice you have made. You must use the type of threshold have chosen for each part of the form. In other words, if you choose to report based on absolute dollar value thresholds, you cannot use a percentage threshold on any part of the form. PAT A — PRIMARY SOURCES OF INCOME reporting threshold. You will not have anything to report unless, during the [Required by Sec. 112.3145(3)(a)l or (b)1, F.S.] disclosure period: (1) You owned (either directly or indirectly in the form of an equitable Part A is intended to require the disclosure of your principal sources or beneficial interest) during the disclosure period more than 5% of of income during the disclosure period. You do not have to disclose the the total assets or capital stock of a business entity (a corporation, amount of income received, and you need not list your public salary from partnership, LLC, Ilmited partnership, proprietorship, joint venture, se rving in the position(s) which rgquires you to file this form, but this trust, firm, etc., doing business in Florida); and amount should be included when calculating your gross income for the disclosure period. The income of your spouse need not be disclosed; (2) You received more than $5,000 of your gross income during the however, if there is joint income to you and your spouse from property you disclosure period from that business entity. own jointly (such as interest or dividends from a bank account or stocks), If your interests and gross income exceeded these thresholds, then for that you should include all of that income when calculating your gross income business entity you must list every source of income to the business entity and disclose the source of that income if it exceeded the threshold. which exceeded 10% of the business entity's gross income (computed on Please list in this part of the form the name, address, and principal the basis of the business entity's most recently completed fiscal year), the business activity of each source of your income which exceeded $2,500 of source's address, and the source's principal business activity. gross income received by you in your own name or by any other person Examples: for your use or benefit. — You are the sole proprietor of a dry cleaning business, from which "Gross income" means the same as it does for income tax purposes, you received more than $5,000. If only one customer, a uniform rental even if the income is not actually taxable, such as interest on tax -free bonds. company, provided more than 10% of your dry cleaning business, you Examples include: compensation for services, income from business, must list the name of the uniform rental company, its address, and its gains from property dealings, interest, rents, dividends, pensions, IRA principal business activity (uniform rentals). distributions, social security, distributive share of partnership gross income, — You are a 20% partner in a partnership that owns a shopping and alimony, but not child support. mall and your partnership income exceeded the thresholds listed Examples: above. You should list each tenant of the mall that provided more — If you were employed by a company that manufactures computers than 10% of the partnership's gross income, the tenant's address and received more than $2,500, then you should list the name of the and principal business activity. company, its address, and its principal business activity (computer L Y manufacturing). — If you were a partner in a law firm and your distributive share [Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.] of partnership gross income exceeded $2,500, then you should list In this part, list the location or description of all real property in Florida the name of the firm, its address, and its principal business activity in which you owned directly or indirectly at any time during the previous (practice of law). tax year in excess of 5% of the property's value. You are not required to list — If you were the sole proprietor of a retail gift business and your your residences and vacation homes. gross income from the business exceeded $2,500, then you should Indirect ownership includes situations where you are a beneficiary of list the name of the business, its address, and its principal business a trust that owns the property, as well as situations where you are more activity (retail gift sales). than a 5% partner in a partnership or stockholder in a corporation that — If you received income from investments in stocks and bonds, owns the property. The value of the property may be determined by the you are required to list only each individual company_ from which most recently assessed value for tax purposes, in the absence of a more you derived more than $2,500, rather than aggregating all of your current appraisal. investment income. The location or description of the property should be sufficient to — If more than $2,500 of your gross income was gain from the safe enable anyone who looks at the form to identify the property. A street of property (not just the selling price), then you should list as a source address should be used, if one exists. of income the name of the purchaser, the purchaser's address, and - INTANGIBLE the purchaser's principal business activity. If the purchaser's identity [Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.] is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should be listed Provide a general description of any intangible personal property simply as "sale of (name of company) stock," for example. that, at any time during the disclosure period, was worth more than -- If more than $2,500 of your gross income was in the form of $10,000 and state the business entity to which the property related . interest from one particular financial institution (aggregating interest Intangible personal property includes such things as money, stocks, from all CD's, accounts, etc., at that institution), list the name of the bonds, certificates of deposit, interests in partnerships, beneficial institution, its address, and its principal business activity. interests in a trust, promissory notes owed to you, accounts receivable by you, assets held in IRAs, Deferred Retirement Option accounts, C I Florida Prepaid College Plan accounts and bank accounts. Things like automobiles, houses, jewelry, and paintings are not intangible [Required by Sec. 112.3145(3)(a)2 or (b)2, F.S.] property. Intangibles relating to the same business entity may be This part is intended to require the disclosure of major customers, aggregated; for example, certificates of deposit and savings accounts with the same bank. Property owned as tenants by the entirety or as clients, and other sources of income to businesses in which you own joint tenants with right of surviorship should be valued at 100 %. an interest. It is not for re o in incorrig from second jobs. That kind of income should be reported as "Primary Sources of Income," if it meets the CE FORM 1 - Effective: January 1, 2014. Adopted by reference in Rule 34- 8.202(1), F.A.C.. PAGE 4 LIABILITIES companies; credit unions; small loan companies; alcoholic beverage [Required by Sec. 112.3145(3) {a)4 or (b)4, F.S.] licensees; pari - mutuel wagering companies, utility companies, entities controlled by the Public Service Commission; and entities granted a In this part of the form, list the name and address of each franchise to operate by either a city or a county government. creditor to whom you owed more than $10,000, at any time during the You are required to disclose in this part of the form the fact that disclosure period. you owned during the disclosure period an interest in, or held any You are not required to list the amount of any indebtedness. You of certain positions with, particular types of businesses listed above. do not have to disclose any of the following: credit card and retail You are required to make this disclosure if you own or owned (either installment accounts, taxes owed (unless reduced to a judgment), directly or indirectly in the form of an equitable or beneficial interest) at indebtedness on a life insurance policy owed to the company of any time during the disclosure period more than 5% of the total assets issuance, or contingent liabilities. A "contingent liability" is one that or capital stock of one of the types of business entities listed above. will become an actual liability only when one or more future events You also must complete this part of the form for each of these types of occur or fail to occur, such as where you are liable only as a guarantor, businesses for which you are, or were at any time during the disclosure surety, or endorser on a promissory note. If you are a "co- maker" and period, an officer, director, partner, proprietor, or agent (other than a have signed as being jointly liable or jointly and severally liable, then resident agent solely for service of process). this is not a contingent liability; if the total amount of the debt exceeds If you have or held such a position or ownership interest in one of $10,000 it should be reported. these types of businesses, list the name of the business, its address PART F — INTERESTS IN SPECIFIED and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, you [Required by Sec. 112.3145(5), F.S] must indicate that fact and describe the nature of your interest. The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage (End of Dollar Value Thresholds Instructions.) PART A PRIMARY SOURCES OF INCOME o€ property (not just the selling price), then you should list as a [Required by Sec. 112.3145(3)(a)l or (b)1, F.S.] source of income the name of the purchaser, the purchaser's address, and the purchasers principal business activity. If the PartAis intended to require the disclosure of your principal sources purchaser's identity is unknown, such as where securities listed of income during the disclosure period. You do not have to disclose the on an exchange are sold through a brokerage firm, the source of amount of income received and you need not list your public salary income should be listed as "sale of (name of company) stock," for received from serving in the position(s) which requires you to file this example. form, but this amount should be included when calculating your gross — If more than 5% of your gross income (or, alternatively, income for the disclosure period. The income of your spouse need not $2,500) was in the form of interest from one particular financial be disclosed; however, if there is joint income to you and your spouse institution (aggregating interest from all CD's, accounts, etc., at from property you own jointly (such as interest or dividends from a that institution), list the name of the institution, its address, and its bank account or stocks), you should include all of that income when principal business activity. calculating your gross income and disclose the source of that income if it exceeded the threshold. PART B — SECONDARY SOURCES F INCOME Please list in this part of the form the name, address, and principal [Required by Sec. 112.3145(3) {a)2 or (b)2, F.S.] business activity of each source of your income which exceeded 5% of the gross income received by you in your own name or by any other This part is intended to require the disclosure of major customers, person for your benefit or use during the disclosure period. clients, and other sources of income to businesses in which you own "Gross income means the same as it does for income tax an interest. It is not for reporting income from second 'obs. That kind of purposes, even if the income is not actually taxable, such as interest income should be reported as a "Primary Source of Income," if it meets on tax -free bonds. Examples include: compensation for services, the reporting threshold. You will not have anything to report unless income from business, gains from property dealings, interest, rents during the disclosure period: , dividends, pensions, IRA distributions, social security, distributive share (1) You owned (either directly or indirectly in the form of an of partnership gross income, and alimony, but not child support. equitable or beneficial interest) more than 5% of the total assets or Examples: capital stock of a business entity (a corporation, partnership, LLC, limited partnership, proprietorship, joint venture, trust, firm, etc., — If you were employed by a company that manufactures doing business in Florida); and computers and received more than 5% of your gross income (2) You received more than 10% of your gross income from that (salary, commissions, etc.) from the company, you should list business entity; and the name of the company, its address, and its principal business activity (computer manufacturing). (3 ) You received more than $1,500 in gross income from that — If you were a partner in a law firm and your distributive share business entity. of partnership gross income exceeded 5% of your gross income, If your interests and gross income exceeded these thresholds, then then you should list the name of the firm, its address, and its for that business entity you must list every source of income to the principal business activity (practice of law). business entity which exceeded 10% of the business entity's gross income (computed on the basis of the business entity's most recently — If you were the sole proprietor of a retail gift business and completed fiscal year), the source's address, and the source's principal your gross income from the business exceeded 5% of your total business activity. gross income, then you should list the name of the business, its address, and its principal business activity (retail gift sales). Examples: — If you received income from investments in stocks and — You are the sole proprietor of a dry cleaning business, from bonds, you are required to list only each individual company from which you received more than 10% of your gross income —an which you derived more than 5% of your gross income, rather amount that was more than $1,500. If only one customer, a uniform than aggregating all of your investment income. rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, — If more than 5% of your gross income was gain from the sale its address, and its principal business activity (uniform rentals). CE FORM 1 - Effective: January 1, 2014. Adopted by reference in Rule 34- 8.202(1), F.A.C. PAGE 5 — You are a 20% partner in a partnership that owns a shopping PART E ---- LIABILITIES mall and your partnership income exceeded the thresholds listed above. You should list each tenant of the mall that provided more [Required by Sec. 112.3145(3)(a)4 or (b)4, F.S.] than 10% of the partnership's gross income, the tenant's address In this part of the form, list the name and address of each creditor and principal business activity. to whom you owed any amount that, at any time during the disclosure period, exceeded your net worth. PART C REAL PROPERTY You are not required to list the amount of any indebtedness or [Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.] your net worth. You do not have to disclose any of the following: credit In this part, list the location or description of all real property in card and retail installment accounts, taxes owed (unless reduced to Florida in which you owned directly or indirectly at any time during a judgment), indebtedness on a life insurance policy owed to the the previous tax year in excess of 5% of the property's value. )Lou company of issuance, or contingent liabilities. A "contingent liability" are not required to list your residences and vacation homes is one that will become an actual liability only when one or more future events occur or fail to occur, such as where you are liable only Indirect ownership includes situations where you are a as a guarantor, surety, or endorser on a promissory note. If you are beneficiary of a trust that owns the property, as well as situations a "co- maker" and have signed as being jointly liable or jointly and where you are more than a 5% partner in a partnership or severally liable, then this is not a contingent liability. stockholder in a corporation that owns the property. The value of the Calculations: In order to decide whether the debt exceeds for tax purposes, in the absence ce property may be determined the most recently assessed value your net worth, you will need to total all of your liabilities (including of a more current appraisal. promissory notes, mortgages, credit card debts, judgments against The location or description of the property should be sufficient you, etc.). Subtract this amount from the value of all your assets as to enable anyone who looks at the form to identify the property. A calculated above for Part D. This is your "net worth." You must list street address should be used, if one exists. on the form each creditor to whom your debt exceeded this amount PART D — INTANGIBLE PERSONAL PROPERTY unless it is one of the types of indebtedness listed in the paragraph above (credit card and retail installment accounts, etc.). Joint [Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.] liabilities with others for which you are 'jointly and severally liable," Provide a general description of any intangible personal property meaning that you may be liable for either your part or the whole of that, at any time during the disclosure period, was worth more than the obligation, should be included in your calculations at 100% of 10% of your total assets, and state the business entity to which the amount owed. the property related. Intangible personal property includes such Examples: things as money, stocks, bonds, certificates of deposit, interests in 00 to a bank for student loans, $5,000 for credit 0 owe e $15, partnerships, beneficial interests in a trust, promissory notes owed card u ow and ,0 0,000 with spouse) savings n to you, accounts receivable by you, assets held in IRA's, Deferred a a home mortgage. Your home (owned by you and your spouse) y o s , other property is worth d you Since r 0. loan for Retirement Option accounts, Florida Prepaid College Plan accounts worth $80,000 and your o and bank accounts. Things like automobiles, houses, jewelry, and our net worth i $20000 then property minus worth $ paintings are not intangible property. Intangibles relating to the 0 0. ), Y must same business entity may be aggregated; for example, CD's and report only the name and address of the savings and loan. savings accounts with the same bank. Property owned as tenants T by the entirety or as joint tenants with right of survivorship should F — INTERESTS IN SPECIFIED BUSINESSES be valued at 100 %. [Required by Sec. 112.3145(5), F.S.] Calculations: In order to decide whether the intangible property The types of businesses covered in this disclosure include; state exceeds 10% of your total assets, you will need to total the value and federally chartered banks; state and federal savings and loan of all of your assets (including real property, intangible property, associations; cemetery companies; insurance companies; mortgage and tangible personal property such as automobiles, jewelry, companies; credit unions; small loan companies; alcoholic beverage fumiture, etc.). When making this calculation, do not subtract any licensees; pari - mutuel wagering companies, utility companies, entities liabilities (debts) that may relate to the property —add only the controlled by the Public Service Commission; and entities granted a fair market value of the property. Multiply the total figure by 10% franchise to operate by either a city or a county government. to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. Property that is only jointly owned You are required to disclose in this part of the form the fact that property should be valued according to the percentage of your joint you owned during the disclosure period an interest in, or held any ownership. Property owned as tenants by the entirety or as joint of certain positions with, particular types of businesses listed above. tenants with right of survivorship should be valued at 100 %. None You are required to make this disclosure if you own or owned (either of your calculations or the value of the property have to be disclosed directly or indirectly in the form of an equitable or beneficial interest) on the form. at any time during the disclosure period more than 5% of the total assets or capital stock of one of the types of business entities listed Example: above. You also must complete this part of the form for each of these You own 50% of the stock of a small corporation that is hypes of businesses for which you are, or were at any time during the worth $100,000, the estimated fair market value of your home disclosure period, an officer, director, partner, proprietor, or agent and other property (bank accounts, automobile, furniture, etc.) (other than a resident agent solely for service of process). is $200,000. As your total assets are worth $250,000, you must If you have or held such a position or ownership interest in disclose intangibles worth over $25,000. Since the value of the one of these types of businesses, list the name of the business, its stock exceeds this threshold, you should list "stock" and the address and principal business activity, and the position held with name of the corporation. If your accounts with a particular bank the business (if any). If you owned) more than a 5% interest in the exceed $25,000, you should list "bank accounts" and bank's business, you must indicate that fact and describe the nature of your name. interest. (End of Percentage Thresholds Instructions.) CE FORM 1 - Effective: January 1, 2414. Adopted by reference in Rule 34- 8.2132 {T}, F.A.C. PAGE 6 k 4" YN N mamBEAcHICRA CRS. BOARD MEETING OF' Ma 13, 2014 Consent agenda Old Business New Business ( X Legal Informattion Only SUBJECT: Consideration of Approval of the Updated Heart of Boynton Community Redevelopment Plan SUMMARY: The Heart of Boynton Community Redevelopment Plan was adopted in December of 2001. While many of the recommendations within the plan have been accomplished such as the N. Seacrest Boulevard streetscape project, the redevelopment of the Wilson Center (Carolyn Sims Center), the redevelopment of half of the former Boynton Terrace site into 21 single family homes, numerous new infill homes constructed and more rehabilitated and the removal of two nuisance convenience stores, there still remains work to be completed. As part of the Strategic Planning process, it was recommended that the Heart of Boynton Community Redevelopment Plan be reviewed for potential updates and amendments to ensure its relevancy in today's marketplace. A public meeting was held on October 24, 2013 to gauge the neighborhood resident's feelings about such topics as height, density, progress and new potential projects for the community. During the workshop, the participants used I- Clickers to rank their likes or dislike of various proposed projects and land use changes. The overall consensus of participants was positive to the proposed projects. Newly proposed projects include the Model Block at NW 10 Avenue, a single- family in -fill project, the Cottage District between NE 4 and 5 th Avenues which will replicate many of the historic styles present in the community, Ocean Breeze East at NE 6 th Avenue which will become a new multi- family development on CRA owned property. Also recommended and supported during the meeting was an overall increase in density east of N. Seacrest Boulevard. This is to support the future development of a Downtown Transit - Oriented Development (TOD) District. However, the community continues to support keeping the single - family nature west of N Seacrest Boulevard. The community continues to support commercial redevelopment on Martin Luther King, Jr. Blvd. at the eastern and western nodes along with multi - family residential development in the center of the block. An additional recommendation of the Update Plan is the expansion and retention of the light industrial area north of E. Boynton Beach Boulevard, from the FEC tracks extending west to NE 2nd Street. This is consistent with the original plan's desire to create jobs for area residents. The plan also calls for a transitional area of multi - family between NE 2 nd Street to NE 1" Street. The updated plan is attached for review. IMPACT: FISCAL None PROJECT: CRA PLAN, PROGRAM OR Heart of Boynton Community Redevelopment Plan �' A B C OYNTON", = RA RECOMMENDATIONS /OPTIONS: Approve the Heart of Boynton Community Redevelopment Plan Update Vivian L. Brooks Executive Director H OF BOYNTON, CO M MU NITY _ E ,_ UP MA, TE s �V`� i t j" t The City of Boynton ear Commun I May 2014 Prepared by Development Department, Planning and Zoning Division and Boynton Beach CRA INTRODUCTION THE AREA AND THE PLANNING EFFORT The Heart of Boynton community is a unique and distinct neighborhood located within the City's 1,650 acre Community Redevelopment Area of the City of Boynton Beach (see map, Figure 1). The City Community Redevelopment Agency (CRA) was established in 1981, following the "finding of necessity" and need for such an agency. According to Chapter 163, Part III, Florida Statutes, redevelopment in the Community Redevelopment Area cannot proceed unless the governing body conveys this designation after it determines the area to be suffering from conditions of slum and blight, and a shortage of housing affordable to residents of low or moderate income. Consistent with state law, the City declared the downtown redevelopment areas as "blighted" in May of 1982, and simultaneously created the original Community Redeveiopment Area (CRA) which generally encompassed the Central Business District. The redevelopment plan for this area, also required by state law, was adopted in 1984. In 1987, following the same process —the determination of conditions related to slum, blight, and housing deficiencies —the city expanded the boundaries of the CRA to include a 519 -acre area bounded by Boynton Canal in the north, Florida East Coast Railroad on the east, Ocean Avenue on the south and Interstate 95 on the west and, within it, the neighborhood known today as Heart of Boynton (Resolution No. 87 -QQQ). A plan prepared by a team of consultants for redevelopment of the expanded area was adopted in 1988. The HOB portion of the 1988 Community Redevelopment Plan was amended in December 2001 with significant community input, and adopted by the City as the Heart of Boynton Community Redevelopment Plan. The HOB plan is currently one of four CRA plans that describe the shape and nature of future development within the overall CRA; they also include the Federal Highway Corridor Community Redevelopment Plan, the Ocean Avenue Community Redevelopment Plan and the Downtown Vision and Master Plan. This report aims to revisit and reenergize the Heart of Boynton Redevelopment Plan by adjusting its road map to current conditions and by accommodating new opportunities. THE IMPLEMENTATION PROGRESS To date, many of the projects and recommendations contained within the Heart of Boynton Plan have been implemented. The Seacrest Boulevard's streetscape project was completed in 2011 with the assistance of Federal stimulus funding. The Wilson Center, now renamed the Carolyn Sims Center, was redeveloped in 2009. A number of new single- family homes have been built throughout the neighborhood, including 21 in Ocean Breeze West, in place of a portion of the demolished Boynton Terrace Apartments. There is much progress to celebrate in the Heart of Boynton. With 380 acres in the center of the City, the Heart of Boynton Community Redevelopment Plan covers a large area (see parcel and aerial maps, Figures 2 and 3). There is more work to be undertaken from the original plan, including the revitalization of the Martin Luther King Jr. Blvd., the development of the eastern portion of the old Boynton Terrace site and the redevelopment of the public works site. However, new realities in the marketplace require the review of the recommendations from 2001 to ensure that they are financiaily viable and will promote new development. City and CRA staff met with community stakeholders on October 24, 2013 at the new Carolyn Sims Center to review the status of the implementation of the 2001 Plan and to seek input about future redevelopment directions. Using electronic clickers, members of the community voted on new projects and designs for the Heart of Boynton Community Redevelopment Plan update. Overall, the community supported a mix of residential and commercial uses with a maximum density of 40 units per acre as well as expansion of light industrial uses in selected locations east of 5eacrest Boulevard, while maintaining the single - family character of the areas west of the Boulevard. There is a renewed excitement about the future redevelopment of the Heart of Boynton community. The City and CRA are committed to making that a reality. The Heart of Boynton within � a 3 A i v_ Mine i d Miner Rd_ ON a k _w ._.. Gateway Boa' Aj r 3 f � 1 Martin Luther no Jr Blvd .,._. - I Old B Rd kBNd 6 ch Bfv y tan d ea I �- -� -� EOc nAve ga a 1 ngMRd ,., f1 , � UE W 23 sw Tara Av N { S W 23rd Ave m g egg ulfstream Ivd sot a d. {? Legend Heart of Boynton Boundary CRA Area Source: Palm Beach County GIS Digital Data Date: December 2013 City Boundary Railroads Figure 7 I The Heart of Boynton Parcel Map v' i NE 15th Ct A, - E .. NW 14th Ct 1 v S z NW 1 Ave a. z.. NE 1 4th Ave \ Z NW 14th Ave ft I; rt - NW 13thAve ° NW 13th AVe _ _ .. N E 13th Ave NE 12th Ave, I I LU I a. N W 12th Ave r z T{ ! ? f I I � - T L. I i Z NW m - NE 1'Ith Ave - 11thAve - ♦ NFU t1tt5Ave ' - y u f I I j,l i 1 L 1: tu I I King Jr Blvd , �- ` 1- E Martin Luther. }fang JrIBJvd W Martin Luther Y I I - �i I NW 9th Ave f 1 ? i s j I I, NE 9th Ave i NWBthAve E -` it 8th Ave NEf8tttAv oo � S _ NE 8t li 1 NW 7th Ave W 7 th ' 1 0) m -_ N E 7th Ave 4 ti U j i _ 7 th Av ' - I tY, �e ` j - j N -1 w NE 7, { ' , Z } , i t w NE 1f N _T { NW 6th Ave i r r. i z pp NE Sth Ave NW 5th I { with NE 5th Ave a NE Sth Ave 5ttiA ° I I e f NW 4th Av i NE 4th Ave N Is LU z Z ID LL ' I : c i ty W . 3C NE 3rd'Ave' 1 f, � 1 j m W Boynton Beach Blvd E Boynio n Beach Blvd Ln _._._ I N NW 1s[Ave c NE 1 s Ave v I NE 1St Av a j o .: LU i + I I i `n Z i W Oman Ave w . , e E Ocean Ave m t, f j 1 i j I li j N Legend D 125 260 500 750 1,050 Feet a E Heart of Boynton Boundary s Railroads Source: Palm Beach County GIS Digital Data Date: December 2013 Parcels Figure 2 The Heart of Boynton Photograph Poi � I nterest C � t W� 1 �� ' _ _ t a ,w ,oC , i k w •s., ,' Palmetto Greens Linear Park s l ll t Sa rton MemorlaI Par's. i i , i s � Pc nciana erg fi t = �� ".N� eo �Ghl ; I d , r� r ,i rt P .# DepaAment's i i Y G Y CTUt ,t i wC Galaxy Elementary xO)= F P W An u r1ton 50 In — K i' Legend — 0 125 250 500 750 1,000 Feet W E S Heart of Boynton Boundary I Source: Palm Beach County GIS Digital Data Date: December 2013 Figure 2001 HEART OF BOYNTON COMMUNITY REDEVELOPMENT PLAN Overview: o Methodology o Recommendations Implementation Status 001 HOB COMMUNITY REDEVELOPMENT PLAN: AN OVERVIEW METHODOLOGY The 2001 HOB Community Redevelopment Plan (the Plan) was created with extensive community participation, including five public charrettes to maximize involvement and support. Strategic Planning Group, Inc. (5PG) led the effort, in partnership with the RMPK Group and JEG Associates. During the planning process, the consultants: • Organized the Kick -off charrette to obtain community input regarding major problems and concerns as well strengths of the area; over 400 local residents attended. • Identified and interviewed community stakeholders, including residents, property owners, service providers, faith leaders, and representatives of the CRA, the CDC, the PBC Housing Authority, and the Police and other City departments. • Conducted a Neighborhood Livability Workshop allowing the stakeholders to grade livability standards in the community, offer ideas and solutions to address critical issues, and set priorities for neighborhood improvement. • Facilitated four planning and design charrettes during which participants redrew the boundaries of "current neighborhoods "; provided recommendations for commercial revitalization and neighborhood improvements, including traffic, parking and green space; endorsed proposed changes to land use and zoning, and promoted the Fioribbean Architectural Design theme. EDEVEL(, PM NAT: IDENTMELN DVAN 'rAGES AND CON STRA# NETS The stakeholders recognized both a number of opportunities for and constraints to redevelopment. KEY ST RENC "srHS/'ALsVA0AGES OF THE AREA ERE • History and location, • Two elementary schools and a Head Start center; • Two active community development corporations; • Strong City and CRA commitment to revitalization; • Churches (although excessive number of tax - exempt facilities, under - maintenance and parking problems were also mentioned). KEY CONS1RAVI 7S '10 REDE IELOPMENTWIERE VDEN'TIFUED AS 5 • Cherry Hill Public Housing and Boynton Terrace Section 8 project, areas of high crime and unappealing aesthetics; • Loitering and crime activities associated with several small businesses. • Large number of small vacant parcels —land assembly required for redevelopment. NE�GHBORHOOD MASTED: PLAN Through the original public participation process, seven (7) "neighborhoods" that comprise the HOB area were delineated (see Figure 4). According to the Plan, the western portion of the HOB should remain predominantly single - family residential, which consists of three (3) of the seven (7) newly identified neighborhoods (i.e. Poinciana Heights, Boynton Hills and Ridgewood). The new Poinciana Heights neighborhood is the original Poinciana Heights neighborhood expanded to include the redesigned Wilson Center Park, Palmetto Park and the old Cherry Hills neighborhood. In the eastern part of the HOB, the seven original neighborhoods were reduced to the following four (4) neighborhoods: 1) the Martin Luther King, Jr. neighborhood extended north to the Boynton (C -16) Canal thereby enveloping the "North MLK Jr. /Happy Home Heights area, 2) a redeveloped Boynton Terrace; and 3,4) the Sheppard Addition and Arden Park neighborhoods remaining within their original boundaries. Generally, the eastern portion of the Heart of Boynton would become a mixed use development and incorporate a range of multi- family developments on either side of Martin Luther King, Jr. Boulevard, and single family homes on NE 12th and NE 13th Avenues. The three main land assembly efforts would include: (see Illustrative Master Plan, Figure 5, with corresponding numbers) 1. The Cherry Hills area, which would be razed, replatted and redeveloped as a traditional single family neighborhood similar in concept to Ridgewood. 2. The Martin Luther King, Jr. Corridor, which would be redeveloped as a multi- family neighborhood, would allow for increased housing and population to support possible neighborhood services. This included the redevelopment of the City's Public Works parcel allowing for more depth in the redevelopment of this neighborhood. 6 3. The southeast quadrant, which, because of its strategic location, was determined to have a mixed use potential. PROPOSED FUTURE LAND USE/ZONMG The HOB planning team recommended amendments to the Future Land Use and Zoning maps (see Figures 6 and 7) to implement the Neighborhood Master Plan and accommodate higher densities & intensities that support an increase in jobs and land available for retail businesses. The key recommended zoning change —see area "1" on the Proposed Land Use Map, Figure 6 —was the expansion of the Central Business District (CBD) west of the FEC tracks and north of Boynton Beach Boulevard, encompassing the southeast quadrant of the HOB. This scenario assumed the redevelopment of City Hall. The second significant recommendation (see area "2 ") was to replace single - family with multi- family residential east of 5eacrest Boulevard, from NE 6 Avenue to one block past NE 11` Avenue. The team also recommended that industrial use be extended further west (area "3 "). URBAN DESIGN ECOMMENDAT� N's The urban design concept adopted by the stakeholders evolved through numerous discussions following the 2001 planning effort. This design concept, rooted in the history of the area and the influx of the Caribbean population, reflected an "Old Florida" and Caribbean influence. Labeled "Floribbean," it was approved as the preferred choice for design standards. Typical design elements of this style are porches and verandas, steeply pitched metal roofs, wood frame construction, dormer windows and pastel colors: pink, white, yellow, grey and blue. 7 i The Heart Comm unity Redevelopment Plan 2001 New Neighborhoods ' rn NW 141h CI I N NW 14th Ct M NW 14th AVe NE 14th Ave ' m en Z N W 14th AVe , '+t O H MO j. WARS � 4 i tL 4 t,1J, t1F1 11 1 t1tt1S4II , s t tV, tj)l s ; ➢ M � P N131h Ave s 11St trti r 'situt`l ? )IS�S• r7 ?)�'t��1 ��r(;r�l tlsilt { ?4� }t`ttsllill #u ?;r, 11� `; t1 iS (�, I � r ll�l�1�,IS I ! t � ttlst) � � �`rt}aJl7ls tG 1$t �1. ti•,at!iF llrtt�c ss }rif ;n)tcrlt II rlf ��fl flit } rs r Jr�rtr - } t'� }J ssS l?1t 13yf r -r {!J 3F 1�sl rf(�(° t1 \�k tt tyYt}r t 1� t NW 121h Ave }I` 11 �1r1� �s tl ? } } l,r1l { t , �l s �ill,rltt' �dF f1' i t .1 NW11thAve z NVVIlth"e Y- t! 'i F�i1t �r irt� f; i W Martin Luther K!ng,IC91vd l ", " l {,t,. s,. fi i {us ash it +t \tin 1 1 tf - (t II{,, > { , k, �t NWJth; Ave �t4 + ' NE�'9 Ave ' e NE 8th Ave E�JBFU'!,N t i V�� NW81hAve •? -' ! f Boy nton Terrace 5 ��11 NE71hAuell- NW 7th Ave �.:: t 10 c vl n } „f{ dy w I , z z 1 R NW 6th Ave t d 715 `) r 1 } NE 6th Avp v j I A rden Far w l z I N A -- E 5t�t e v NW 5th Ave ,� t i NE5thAve 1'.� I. NE 51hAve m i :'j z i �i ii r 1 m o dlhA 1 -,� NE 4111 l �' $ m tll�� -ir !! rnl Z N 4 { W Bo Beach Blvd i I E Boynton Beach Blvd ° - NlN1stAve N - NE 1st Ave.. - a NE15tAve ui v i o u i I z EOcea l Z I A . Ave � m ..., _ -. W Ocean A - N Legend o 125 250 Sao 750 1,000 w ,� Feet ELI Heart of Boynton Boundary S Source: Palm Beach County GIS Digital Data Date: December 2013 Figure 4 i �� I III - � � � "reparcclb }•: ' Strnicblr Illustrativ Master Plan sR 'm1p, ' jII g , I J' tt i i Figure 5 The Heart of Boynton Comm unity Redevelopment Plan Proposed Land Use a N W 74tH Awe 7 � P ,- � � �s �?i, at��;y l�1� C,srft� �I� 1, nki�.r � €"�F� � € }� €��+ ;�� .t� '•� �� F i r- � € i ,' t l Ul, k_ S NW 1 Ith Ave E S T l l ve NW 11th Ave 2 NE 17thA z ; I 1 _ �„ ! 11��afl$i- FmJiyeudential ' Martin user i r v l () �t Martin 0lvd Luther K J Personal Services Pecs • ! A. L therKingJ 77',t,t4 , `` t (iSSf {�4t4 &s, 61d StisSy l,`3 fltt u'ia; ®6&�1� S R atron i ` 2 I f�� ? tf a f i Hsu Fi Dt +,S�t }fit — NE 9t z S , t - Personal Service u (blic it - 5 � , F NE Sth Ave i spy - �, NW88thAve i lr G� 0 — N4b7 it l NE7thAve i" - - ` 7th Cd ae ! , - NW 71hAve 1 � I �� , l ,- Sy gFe - haml ` o •N n le Fam I I s"hAv �}} g, - Residential ; _,_ N�e � 5l �. � NW 6th Ave: j m y(r' , ' j'sssss t ' tl cr ` t e s Ming w i 4 —�` - ' S z t{ , t s• , 1� , �� sf � sirs V �; i . NW 5thAvE 1 t i Av � z� e D Z uj 'N 4thAve .q -. ._ `_i_f a illt '11�`#e'�� its s Iis� �' >r? {r�Fltt� Z W s1 �i W � g -,rd t, '� „ss ��t«�s , 5 X !kRs, } Z q i �,_;Y B a� e( m NW rd AYe I_ e�N 3rd�Avei�a.�„ �p 0, W 6 - ` W Boynton Beach Blued E Boynton Beach Blvd E Boynton Beach Blvd 1 C , f z NW 1st :Ave 1 NE istAve -� • i z NE 1stAve N Legend w Single - Family Residential }ti Manufacturing s Multi- Family Residential Public Use 0 125250 500 750 9,000 Feet N' �` Mixed Use l l Recreation Source: Palm Beach County GIS Digital Data Personal Services Public Utility Date: Decem6er2013 Note: Numbers 1, 2, and 3 indicate principal use changes +I (See corresponding narra in the 2001 HOB Plan overview ,section, "P roposed Future Land UselZoning ° @) F The Heart of Boynton Comm unity Redevelopment Plan 2001 P roposed in NW 13th Ave W 13th Ave NE 13th Ave NE 13th Ave LL NW 12th Ave NE 12th Ave NE 12th Ave z R1 l T; 1 NE z � L NW 11thAve NE 11thAve NE 11thAve z R1 R3 ' Martin Luther King Jr Blvd Martin' Luther King Jr Blvd z I NW 9th Ave NW 9th Ave mAve � � NE 9th Ave z NW 8th Ave NW 8th Ave �'o�� NW 8th Ave' fi z NVv 7 th Ct Ic NE'7lhAue NW 7th Ave cn h,g z j 7 f l �"" , R1 m , �t (n gin * RI ° � U) '� NE 6th Ave I II ' t ;' NW 6th Ave z NW 6th Ave T N 6th AA+e+ u 6 z in NE 5th Ave i ��gk�� N cn NW5thAve N � N z L'ia)� NE5ttiA' E6thA++e z x z 3 y 0 A w 5th A R1 Nw a z �, NW4thAvec� NE 4th Ave N6' NE4 CD SAX -Light � m N W 3rd Ave i � is ,t .p 1�1 _W 3 rdAve N _ z NW' Ave NE 3rd Ave Nt V W ��a z Q N E Boynton Beach Blvd 7 NW 1st Ave NW 1st Ave NE 1st Ave r z I R1 Legend N s WS Proposed Zoning s PU Public Usage 0 125250 500 750 9,000 C2 Neighborhood Commercial R1 Single - Family Feet CBD Central Business District R3 Multi - Family Source: Palm Beach County GIS Digital Data Date: December 2013 M9 Industrial REC Recreation Figure 7 r Examples of single - family houses in "Floribbean" style o"O's., 4 tt "Ik ti k ( u tt dt i t"I"t ' Hilid °A DESIGN CONCEPT REFLECTING AN OLD FLORIDA AND CARIBBEAN INFLUENCE - i 8 0Tiel E R R EC 01M M ENO ON Additionally, the 2001 Pian included recommendations related to: • Diversity of affordable housing choices • Job creation and job training opportunities • Expansion of neighborhood services and businesses, including a grocery and other stores, medical offices, gas station, pharmacy and dry cleaners. • Historic preservation • Establishment of neighborhood associations for effective leadership • Enhancement of neighborhood identity (i.e. signage & landscaping) • Streetscape beautification (Seacrest Boulevard and MILK, Jr. Boulevard) • Traffic calming and pedestrian connections • Parks, green spaces and civic centers 9 THE HOB PLAN IMPLEMENTATION STATUS Over the 12 -year period since the Plan's adoption, a number of its recommendations have been implemented, and implementation of several others moved forward. The table below documents implementation status of the Plan as of March 2014: A CTION PROGRESS Cherry Hills redevelopment a Public housing project demolished a Palm Beach County Housing Authority issued an RFP (August 30, 2013) for redevelopment of 40 vacant lots Boynton Terrace a Both west and east side demolished redevelopment a Ocean Breeze West: construction of 21 single- family homes underway e Ocean Breeze East: RFP to be issued in 2014 for redevelopment of site for mixed use project Amendments to Future a Not amended (changes recommended, see updated 2014 Land Use and Zoning maps recommendations) Wilson Park redevelopment ® New center built (the Carolyn Sims Community Center) a Updated basketball courts /multi - purpose field/ playground Improved /renovated poo€ (the John Denson Pool) Palmetto Greens Park a j Park extended west of Seacrest'Boulevard, along the south side of Expansion ; the C-16 Canal (with a bicycle path part of the Greenways /Bikeways program) • Recognized as portion of State Greenways System Sara Sims Park a Master Plan adopted redevelopment Seacrest Boulevard and a Seacrest;Blvd streetscape and resurfacing completed (from MILK, Jr. Boulevard Boynton Beach Blvd to C -16 canal) streetscape improvements; a The MLK Jr,, Blvd streetscape project is on hold (expected development did not occur). New and Rehabilitated 0 The CRA and the City supported building of new and Housing rehabilitation of existed homes. See map (Figure S), which also shows dwellings built and rehabilitated by Habitat for Humanity. Land Assembly e The CRA and the City have assembled 100 properties in H06 (see map, Figure 9) The public investment in the HOB amounted to $43.7 million ($29.2 million by CRA and $14.5 million by the City.) The following images illustrate several successfully completed HOB projects. (See Figure 10, for locations.) 14 PAN ETTO PARi< REE.NaWAY Before �. . ... .. .... ...... .......... .... t; t 1 }4 Z i� � t o� at After b on s �1��i i � gr � r I�v� ti � � - + vd t � H ERITAGE PARK - , Of i �r� ) - �w� I {ffi t• i �t M sU t i 15 Before After � �� lG r s fr� �. z P f },+ n. xx £iix�av,xtrx "n. txmi °v �, iuf 6avuuex miue% U EACREST BOULEVARD Before After 7 x� 16 UB LIc ART Martin Luther King St. and Seacrest Blvd. l� v� i ti 2� itt t� Mural at Sara Sims Park { I t � i s t h J s }` r ! . 17 I NIP ROVE PAX N TS AT WILSON PARK Wilson Park Before Wilson Park After 5 a, c a Carolyn Sims Center Before Carolyn Sims Center After U K— ti / I .' Sims Center Playground Eternal Vision Art Piece Denson Pool { O Ot f � } m ti 'tw ypg�n„ �,� t�grt 7� i, stiR�ig�tm�,nn ; 18 HOUSING- OCEAN BREEZE WEST Ocean Breeze West Before i � �� n �sk�� s • t �r �" ,., ' � iI� J Ocean Breeze After \ tis )1j�j}lttlt t >�}}�t �t s i , h VAS � t � tt�St�sti t , i t ,,i r r� �ts1ti. A3j t�rlln,. f � ll" }N' is „ 4 t � ` P kit' 'fir I 19 Parker Site Before Parker Site After � t � I �ir�V gxps ��I D i v i ,�� • I nF� Habitat for Humanity Home CDC Home i, t i 11 I, i fy fi }I tf Msut '9,41i"st 20 'T h e Heart of Boynton HOUSing Accomplishments NW r 14th Ave _ w ! - - F 1 i _ • E12, A ve - NW 1.2 Ave ve I r - NW 14th Ave it NW 11th „ 4- r Me Luth0r -Jr- ,8 ._ - -- -. - -__ . -. -- E Martin L-uther4Ung- JrB1vc -- erin n �l ' A�� I I V .- 3,P�� NE 9th Aus ----.F t4W I `�,I NE 8fih Ave g4h.Gt , _. w: , , 18th "A \ NE 7th Ave _ NW �h Ave. r� NEh A E 7thA b _ ;r .. NW 6th�kva 4 .. _ -µ �` NE 6th Ave:.... -e ,.. .•. . $ _N EA •Ave. r , - 1 NE-M—Ave I � I �. -- — --� s 1 W 4t Ave- -- ....NE 4th Ave -- C14 us ua 4 �tyWr i m tyW .rd�Av-6 , .3C. N1=. 3r Avs - -Ave', _ _ -0 t I 1 f -.1 - �--- -- �i _ _ - W, Bcaynton Beach E.gaynton- :Belch Blvd °.. _ .. ' N Legend W E New and Rehabbed Housing CRA Rehab City New Habitat for Humanity New S City Rehab Habitat for Humanity Rehab CRA New 0 125 250 500 750 1,0D0 NSP I Feel NOTE: NSP- Neighborhood Stabilization Program Source: Palm Beach County GIS Digital Data established by Congress for purchase and redevelopment Date: December 2p13 of foreclosed and abandoned homes and residential properties Figure 8 ____ ------------- _ ----------- . _ _:_:_ _:_:_: - ____ The Heart of Boynton , City and CRA Parcels - ; w NE 15th in U ci r E Ivw latn ct i ` - ! I , I U M N W 14th Ave z `' E r I; Z' w z ! I NE 14th Ave s- m i - w NW14thAve 1 t i.; �J i t W ' NW 13th Ave - { °... N th I I I NW 13th,Ave s r I r AvQ T ", r .... 13 II ! n 1 1 i i i .-s t.. L NElathAve N , T _ m NW 12th Ave.. ve. n ._ y �• w..�P n ,{ z % 1 , L __.Ly.,._ Z 1thAve Z 11h .IYE 11 Ave , I J , u� NW1 4 L I G i _ 11 iV ,lL I I I I_ �f -� 11- I �� .. • i � i1 i f actin Luther Kin J Ivd ` -1 E Martin Luther KI i �g Jr J Blvd. RW qth Ave 3 — _i NE 9th Ave 1� I I T I N£ 8th Av _... NE 8th Ave NW 6th Ave 1• 2 �h r T ; - MW 7 r U NE 7th Ave z HT Ci e - E 7th Av NW 71h Ave � p l N d : hq nr l .. i. NW 6th Ave_ I r 1 ' z z rn h l NE 6th Ave I I I t L] , _ L I I i.. E W Ji NE 5th Ave f NW 51h Ave.. I Nt� i .� _.. NE 5th Ave -J z - , t i E 5thAvQ IF R - _ NI l � rf N t ve °° ttE 4th 4ve'. z +LL z. 0 NE 7d'Ave r • � i I i • j : -� ' i i I l 3 I i I 1 1 I I I_.i_. I, f I .J L j Boynton Beach Blvd 777 ,. - I � W Bo Beach Blvd E ° ! L - - -- I I1 --- A I k I �NW1st,ve =- Nr, 1StAve �� ...�. '�- 1 NE1stAve N � a , ur� W Ocean Ave I - E O t - z ! _ }1..i.�.I! :! I _ _ lLi.1E. .v _.. _ __. cean Ave_ Z f i r m, ` N Legend W E Heart of Boynton Boundary ry s City -owned parcels 0 125250 Son 750 1,aoeet CRA -owned parcels Source: Palm Beach County GIS Digital Data Date: Decomber 2013 �e i k� P LAN: The Heart of Boynton SELECTED I M P L E M E N T A T I O N Greens Linear Park Cherry Hills I land clearing Wizo g 5 Sara ':'Zi1ms Par " t ' an Breeze Est Vl Beach Blvd "i n A a ij N Legend WE S i Heart of Boynton Boundary 0 125250 soo 750 1,000 Feel iouluf,i Source: Palm Beach County GIS Digital Data Date: December 2013 i'iire 24 SOCIO-ECONOMIC CHANGES POPULATION Between 1990 and 2013, the HOB population has decreased by almost 700 people, or roughly 20 %, at least partly due to the demolition of the Cherry Hill Public Housing and Boynton Terrace projects. The 2013 estimate suggests that this trend may have subsided. Also, according to projections generated by the Palm Beach County's Population Allocation Model, by 2025 there will be over 3.0% population increase in the study area. Population 4, 000 4 33 _ _____.___ —__ 3,193 2,748 3,000 2,760 2,000 _... .... _..: 1,000 - i 1990 2000 2010 2013 Source: U.S. Census 1990, 2000 and 2010, and Palm Beach County Planning Division The community racial composition remained stable between 2000 and 2010, with a slight increase in the percentage of both Blacks /African Americans (from 89% to 90 %), and Whites (from 4% to 6 %). Percentage of persons declaring two or more races declined from 6% to 2 %. There are about 150 persons of the Hispanic /Latino origin living in the community, practically unchanged since 2000. Racial Composition, Census 2010 Asian 1% Other Race Z/ 1% Two or more races 2% White 6% 25 H OUSING AND HOUSING AFFORDABILITY In 2012, the estimated number of housing units in the HOB was 1,029, of which 664 were detached single - family homes. Since 1990, the overall number of units fell by 175; some of the remaining stock suffers from severe deferred maintenance. This trend underscores a need to accommodate more housing, and to offer diverse choices for a mix of incomes necessary to attract and support businesses that residents want, such as a grocery store. Number of Housing Units 1,250 1,200 a _ n.. _ __ .., 1 -24 ._ -. �...-._. _._._.__._._._._._.____.__..._. 1,150 1,100 1,050 1,029 1,000 4 ""'._ 1990 2001 2012 Source: U.S. Census 1990, Claritas, Inc. and Palm Beach County Planning Division According to a 2005 Center for Responsive Lending study, near the peak of the housing boom about 42% of the homes. in census tract 61.0, which encompasses the HOB area, were purchased with subprime mortgages (generally, subprime loans constituted a higher percentage of all mortgages in high- minority census tracts). No census tract -based foreclosure data is available. However, the 2012 ACS 5 -year estimates for tract 61.0 show the home ownership rate of 47.6 %, a sharp decline from 56.1% in 2000. Housing affordability remains a serious problem. The American Community Survey estimates indicate that about 49% of owner households in the HOB area spend 30% or more of their income on housing, as compared to the 40.9% of owners city -wide. As for those who rent, the data indicates a significantly worse situation. For 82% of renter households, gross rent constitutes 30% or more of income, and more than half spend 50% or more of income on housing. 26 H OUSEHOLD INCOM Census tract 61.00 is one of the City's four census tracts with the lowest income, all with the median household income below $35,000. The tract's 2012, 5 -year median income estimate is $29,233, while citywide figure for the same period is $44,432.M Med ian S Income withi $30,000 $25,000 8 i $20,000 $15,000 $10,000 $5,000 –� - - $ _�. _.. 1990 2001 2012 Source: 1990: U.S. Census; 2001: Claritas,lnc., and Strategic P lanin g Gro 2008 American Communi Survey Note: The HOB area is contained within two block groups of Census tract 61.0. At $20,848, the median household income estimate for the HOB is even lower: only about 8% of 987 households have median incomes of $75,000 or more. Some 61% of households have wage /salary income, and about 2% self - employment income. Since 2001, median household income in the HOB declined by 23 %. U NEMPL O YMENT The "Great Recession" hit the neighborhood hard. The latest available unemployment data for Census tract 61.00 is the annual 2012 unemployment rate of 14.9 %. (At the same time, the citywide unemployment rate was 8.5 %.) Since tract 61.00 encompasses areas east of the HOB, which include neighborhoods of more retired or affluent residents, the rate for only HOB is very likely higher. At the same time, the employment situation in the area improved, since the earlier figure for tract 61.00 —the 2011 American Community Survey 5 -year data) —shows an unemployment rate of 18.3 %. Clearly though, unemployment remains high, and the need to provide jobs is higher than ever. 27 unemployment Rate 16.00% i op! ;1 4 .9 0 %'11. 14.00% 12.00% -- _ -____ 10.00% — -_ ___ 8.00% 6.00% — .. ------ ___ _ _ 2000 2012 Source: Forida Agency for Workforce Innovation /Department of Economic Opportunity RIV E STATISTICS Violent Crimes and Theft /Burglary Crimes 410 310 -- 22 —" 9---- --.___ -- s 210 I 110 —® __ 129 66 1990 2001 2010 2013 Violent Crimes --4—Theft/Burglary According to the City's Police Department, the incidence of both violent crimes and theft /burglary crimes between 2001 and 20013 declined 44% and 55 %, respectively. Violent crimes include homicides, assaults and battery, theft and burglary crimes include robbery, larceny, home and auto burglary and auto theft. INFORMATION PARCEL USE According to 2013 data from the Palm Beach County Appraiser's office, the HOB area consists of 1,136 land parcels, of which 662 are developed with detached single - family homes. 28 The largest landholder in terms of both number of parcels and acreage is the City of Boynton Beach with 62 parcels, totaling 28 acres. The School Board of Palm Beach County owns 4 parcels encompassing 22 acres, the County Housing Authority is the owner of 44 parcels, most of those are in the Cherry Hill neighborhood. As a result of its land assembly efforts in the HOB, the CRA now owns 38 parcels for a total of 12 acres, Parcels within the study area are small (see map, Figure 11); the average size is 0.23 acre. Only 14 parcels exceed 1 acre in size; half of these are over 3 acres. Of the latter, three are owned by the City, two by the Palm Beach County School Board, and one by a religious institution. Small parcel size continues to be a challenge for redevelopment, as any iarger project would require significant land assembly. PROPERTY VALUES The table below compares the 2001 and 2013 property value distributions in the HOB. The 2013 values are substantially higher, but the table does not tell the whole story. Between 2001 and 2013, the property values in the Heart of Boynton took a wide swing, reflecting the dramatic rise and a subsequent fall of the real estate prices across the region and the country. The average HOB property value at the peak year of 2007 reached $135,000; in 2013, it fell by more than half, to $69,000. 2001 2013 Value Number Cumulative Value Number Cumulative $,d 171 " 171 $0 1 1 <$10,000 236 407 <$10,000 157 158 <$20,000 21U 617 (54 %)` <$20,000 79 2`37:(21%)" <$30,000 130 747 <$30,000 71 308 <$40;000 104 851 <$40,00'0 212 520 <$50,000 114 965(84%) <$50,000 209 729(64%) <$60,000, 1,037 <$6000 158 887 <$70,000 33 1,070 <$70,000 90 977 >$70,000 81 1,151 . $ 70000 159 1,136 >$150,000 19 NA >$150,000 61 NA 29 : ---- .. --- ::.. ... ........ ............. Parcels by Size NW 14th Ave ... s ~ I I NE 14th Ave m i " NW 14th Ave rn mk' Y p NE 12th Ave — r NW 12th Ave a f Z Z NW 11t15Ave Z �' NE 41tr1 Av} t f � W Martin Luther King Jr Blvd E Marfin Luther King Jr 8t 0 1 y NW 9th Ave r F NE 8th Av NW 8tH Ave di cw 1" 1 E r i y 7 . Ct e m m _ _ ,� � � >°. a �� m� ' �ry N 7th' Av H { I . ' W7thAve P I a 4 .f N , yy z NWfithAve NE'EthAve Er „ _ z NE 5th Ave z NF5thAve f NE NW 5th Ave � . Z't W 111111 i Z m jl a NW NE4thAwe' r ul- ir31 •� ..LU N �' s,ti�''t� Z L W rte ME 3rd Ave ; i I W Boynton Beach Blvd E Boynton Beach Blvd { NW 1siAve 1 f c _ I� s v - - -_ � t= 1 stAve NE 1 to e ' s I L � I � N I I i • z„ I I 1 j I III I . I I � Legend N Heart of Boynton Boundary W E j Parcel Acreage 0.00 - 0.25 S 0 125250 500 750 1,000 0.26-0.50 MUMEMEMEMEN= Feet 0.50- 1.00 Source: Palm Beach County GIS Digital Data 1.00-1.50 Date: December2013 1.50 -3.00 _ s I a more than 3 acre Figure 11 .... - - - - - -- _.. ------------------------------------------ - - - -- ....... - -- - - -- As the table indicates, 64% of all properties in the HOB were valued below $50,000 in 2013; City -wide, only 33 %. LAND USE AND ZONING Since 2001, there have been major improvements to a number of properties and rights -of -way in the HOB as demonstrated earlier in this report, but no significant changes to the land use patterns, future land use classifications or zoning. (See Future Land Use and Zoning maps — Figures 12 and 13.) For the discussion of proposed changes to the original recommendations for land use and zoning in the HOB area, see the "Land Use Recommendations" section of this report. 30 i The Heart i a I Future ri 1 2 , NE 55th Ave # - _ z. NE 15th CI ' �. <' I r 1 r 3 i tVWt4lhCt ) 3; r i Z Z IU Z Z 1' Z: NW141hAve I f s I ! - . I E T r:IE 14th Ave _ NW 14th A m ; �. - -T NW 13th mve - - _ NE 19th Ave I rn I 1�E,121h Ave NW 121hAve , NW 11ih Ave ,NE 11(11 lava i _ "I M nrt WEi r hart .Jr r.I.d E Martin uther King Jr Blvd t r i' i t� tsA {ll' 1 1A i I ;,� LL NW9thAve �.€ _..� N!7S AVV (.,` .. r , � I L �1 IT T I 1 T- r -T I I � �- hic a!h Ave I 1, 1 F ITT rvwrmct `y NE 7th Ave _ I r ,NW 7ihAve, z i _ i I 17 4 _ w _ J - �= J � ! �r— . u+ NW _6th Ave Z NE5thAve �_ NW � f S IP 03 � --, .. NE 4th AVe ° o[ r � .r_. _ {-� WW 4th Ave AVe �_ - 7- - . - T� {n� ri Fd� 4 h M A l Z N i tvE e ; 1 , - Blvd � i 1t y .. _. on Beach W Boynton F/3 Beach B E Boynt s .......... 1.. ] I I , I 1_ t I Fir. I . t ry . f .. . WVUtAve NE'1stAVe _ r. z .... NE1stRVe i !III;IFIT �. � i I .._. II I! Legend N l� Conservation Overlay (C /O) W E General Commercial (GC) I High Dens +ty Residential (HDR) S industrial (!) 0 125 250 500 750 1,000 Local Retail Commercial (LRC) Feet Low Density Residential (LDR) Source: Palm Beach County GIS Digital Data Medium Density Residentiaf (MEDR) Date: December 2013 i Public & Private Governmentalllnstitutional (PPGI) Recreational (R) Figure 12 i The Heart i c i a I Zoni NE15th'A" @� z N I E 15th Ct \ , r 3, M l NW141hCt I' Y - -, - - �Z'. I - x. -.., .+ w' J } _ , I z ..1 i i I z NW141hAve -1 ; NE141hAve ` - NW 14th Ave „ ' NE 12th Ave- NW 12th Ave v. 1 4E 1 1tAAve NW11thAve f" z ? d , r W Martin Luther Kin r Blvd . F Marlin I,ufher King Jr Blvd - f O I eSrff�h" kr I,:q qI' 4w NE 9th Ave , E _ VrRt It, NE 8th Ave �� t } �� • ._ NWBthAvr g 7lh_Ave I E ` N w 7 th E�� AJeLL - - NE 7Sh Ave I Ave I N • � �I �. _i � fit" N , I NW 6th Ave NE 5th Ave ; N c f I'; WS N 51h_Ave 1 it I .Ct I x NF 6th W Ave , o NW 4th Rve .. NE 4th Ave tti4thA� 4 E z I � z to m ; 7- �IVE 3rd Ave 9 j VGA 1 j ' V_ll �' ^ - - W Boynton Beach Blvd " , E Boynton f - Beach Blvd } � t II t e` i N- i f k I � ..� to i � i_ I , = 11 a �_.. � i _.1. � �l �� 1I I � r .. I l i i d i stAve - NE 1St Ave I r } ;,z` - NE 1st Ave j ! � 1 i 1T z 1 1 111; L Il II r ;a Legend N C2 Neighborhood Commercial C3 Community Commercial WE 1 r C4 General Commercial S I . M1 Light Industrial 0 125 250 500 750 1,00D P Public Usage Feet R1 Single Family Source: Palm Beach County GIS Digital Data R1A Single Family Date: December2013 R2 Duplex I R3 Multi Family i R1 Single Family Figure 13 i , REGULATORY 1 PLANN 8 NG ACTIONS AND ADDITIONAL CONSIDERATIONS Several new factors that emerged since the adoption of the 2001 Plan will affect its follow -up implementation activities and new redevelopment proposals. The following section provides a short overview of these factors: W MIXED USE ZONING DISTRICTS The Mixed Use zoning district regulations were adopted by the City Commission in 2002, primarily to implement recommendations of the Federal Highway Corridor Community Redevelopment Plan. The regulations established two mixed -use districts, Mixed -Use High Intensity (MU -H) and Mixed -Use Low Intensity (MU -L). As the Community Redevelopment Agency moved its focus to other portions of the redevelopment area, adjustments were made to the original Mixed Use regulations in order to implement other redevelopment plans, including the Heart of Boynton Community Redevelopment Plan. A major change to the regulations in 2006 was the conversion of the MU -L zoning district into three distinct low intensity districts; Mixed Use -Low 1 (MU- L1), Mixed Use -Low 2 (MU -L2) and Mixed Use -Low 3 (MU -1_3). The MU -L1 district has the lowest intensity in terms of uses, density, intensity, and maximum height allowed, and MU -1_3 allows the highest intensity, although it is still less- intense that the MU -H zoning district. Whereas in the original regulations the densities and intensities were controlled solely by the classification of the roadway providing frontage for a project, the current regulations are also based on geographic location. The four mixed use zoning districts allow for more flexibility in design and in response to market conditions for infill development. The mixed use zoning regulations were amended again in 2013 to provide minimum densities and intensities consistent with the state's recommendations for Transit - Oriented Development around the planned downtown "Tri -Rail Coastal Link" passenger station. This consideration is further explained below. 31 REGIONAL RAILWAY AY LABS & TRANS ITg RIEt TED DEVELOPMENT For the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri -Rail commuter system to include new service on the FEC. The expanded service, named the "Tri -Rail Coastal Link," would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. In preparation for station development, the City used recommendations of the 2012 Florida Department of Transportation's Transit - Oriented Development (TOD) Guidebook to amend the Comprehensive Plan and the Land Development Regulations to manage future growth and improve land use patterns within the Downtown TOD District, a % mile radius around the station. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. In 2013, the City Commission approved amendments to the Land Development Regulations to create provisions for TOD and the corresponding standards in the mixed use zoning regulations, including the minimum density and intensity standards for mixed use districts within the Transit Core and the Station Area, defined as a X mile and % mile around the future station, respectively. The Station Area has been designated as a Downtown Transit - Oriented Development District in the City Comprehensive Plan, with an option of an additional 25% increase in density. Since the Downtown TOD District overlaps with a portion of the HOB area, the mixed use zoning can potentially be applicable in selected locations. Moreover, the anticipated intensification of development within the entire Station Area and the vicinity will likely have a significant impact on the HOB community. Ew ECONOMic DEVELOPMENT PROGRAM To lay the groundwork for a formal Economic Development Plan, the City of Boynton Beach adopted an Economic Development Program (the Program) in 2011. The Program was designed to provide recommendations that in turn will help create the vision for the future of Boynton Beach and thus be incorporated into the Plan. The Program's Economic Development Initiatives 32 and Implementation Plan set goals and established actions to be executed in short -term (0 -2 years), mid -term (3 -7 years) and long -term (8+ years) timeframes. The Program's objectives of retaining existing businesses, attracting new businesses to the City, and creating diverse housing opportunities and jobs —are consistent with the 2001 recommendations and the additional recommendations of this Heart of Boynton Redevelopment Plan Update. HISTORIC PRESERVATION PROGRAM In 2011, the City adopted a new comprehensive Historic Preservation Program for the identification and protection of its historic, archaeological, and cultural resources. The Heart of Boynton area contains many sites and structures that may be eligible for historic designation for their historic and cultural significance, and their architectural character should be considered in the design of future infill housing and redevelopment projects. The benefits of historic designation include the deserved recognition of historically significant sites, the provision of educational opportunities, the growth of heritage tourism, and the increased potential for economic development. Designated sites may also be eligible for the financial benefits of the Ad Valorem Tax Incentive Program which is available for appropriate repair and alteration projects. This program may also be available for historic structures relocated to or from the Heart of Boynton area. There is currently one designated site within the area (the Boynton Hills Lights); however, further designations are planned, such as the Barton Memorial Park Cemetery, and selected sites will be featured in various components of the award - winning Boynton Beach Heritage Education Program. DOWNTOWN VISION ASTER PLAN In 2009, the CRA adopted the Downtown Vision and Master Plan. The study covered 746 acres of the downtown, including the HOB neighborhood —the area stretched from the Boynton (C -16) Canal on the north side to the CRA boundary on the southwest side, extending along SE 2 nd Avenue to the eastern edge of the city. 33 The Plan's "Big Moves" were defined as action steps towards its implementation. With regard to the HOB, the Nan recommended neighborhood - serving retail at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard, and neighborhood retail within a mixed -use project at the intersection of the MILK Boulevard and Federal Highway. Multifamily live -work was proposed on and around MILK Boulevard. 34 REDEVELOPMENT OPPORTUNITIES As of December 2013, the City and the CRA have identified five major redevelopment projects and project opportunities in the Heart of Boynton. (See 2013 Master Plan on the following page.) They include: • Model Block • MLK Commercial Center • Ocean Breeze East Mixed Use Development • Cottage District Infill Development • Sara Sims Park Expansion Of the projects listed above, the Sara Sims Park expansion will be funded by the City and the CRA; the other four present an opportunity for the private sector with varying degrees of public investment, mainly in the form of publicly owned land and infrastructure improvements. The next section provides an overview of the projects, including concept drawings. I. MODEL BLOCK The proposed Model Block project is designed to enhance the redeveloped Carolyn Sims Center and the Poinciana Elementary STEM Magnet School. By utilizing City -owned vacant lots to build for -sale homes, new residents will be encouraged to live in this area of the Heart of Boynton community. Public improvements such as new sidewalks, streetlights and landscaping will remove blight, increase safety at the local elementary school, and help to boost neighborhood pride. The project will also include some improvements to deteriorating adjacent properties. 37 1 „�►'�! � rv'SE f a CL LU Lo CL � , t 6 t4 r. sw rn {� RPS Or la o z { v ro,t 1 p � fi w � a: •�'� •��' �,� ,,��,,$$ 7,11 ��'� �"' t �� f,.�� t,� F � f PVID , BLOCK AREA Ms C O N D I T I O N S p °1+ } (ii� ik+� ��l } -� ,��_ F ,iii e •a � t { lit MODE LOM CONCEPT DRAWINGS HEART OF BOYNTON 2013 MASTER PLAN t � 1 4 n� era iis9a •x q -� , hr -M Ill.k Arrwl Vier i p � a� a lY F y I P HOB MODEL BLOCK STREETSCAPL 39 2. MLK C OMMERCIAL CENTER HEART OF BOYNTON 201!3 MASTER PLAN — Walk, — 4111W , _ t 3 ` diet i �'ttP��I { _ rd .. MLKCommrmialCvw. Aerial View SMI View ;� n eC- 2. MLK COMMERCTAL CENTER The proposed MLK Commercial Center is consistent with the recommendations of the 2001 Heart of Boynton Plan, which emphasized the need for neighborhood services such as a grocery store, discount stores, restaurants etc. at the intersections of Martin Luther King, Jr. Boulevard with Seacrest Boulevard and with Federal Highway. The need for these services still exists today. The challenge to the development of these sites is the ability of the public and private parties to assemble land in sufficient quantity for commercial development. While the CRA owns many parcels, its ownership is interspersed by private ownership. 3. O CEAN BREEZE EAST MIXED USE EVELOPM NT The proposed Ocean Breeze East development is planned for the eastern portion of the site of the Boynton Terrace multi - family project that was destroyed by the 2006 hurricanes. The 4.5 -acre, CRA -owned site is proposed as a multi - family use with a small commercial retail component facing Seacrest Boulevard. The architectural design will complement the surrounding community. The CRA will recommend that a Request for Proposals (RFP) for a project developer be issued in spring of 2014. 40 HEART OF BOYNTON 2013 MASTER PLAN r �ls y� 1 �11 io 5 � li�i � � r i Aerial Vtcw Ocean HreazUsl street View' 0 I, V 2 U Story Y �� a uea ` { n ' ReMdenlial Unils "'4 a` ; S IO,OUpSf ,. s str'r tn.,,,; a a Commucial Relaal -_; geC 3. OCEAN BREEZE EAST MIXED -USE . COTTAGE DISTMU INFILL DEVELOPMENT The proposed Cottage District is projected for the block between NE 4`" and 5`" Avenues. The CRA purchased a large portion of this block to correct platting deficiencies and to improve the quality of the housing stock. The CRA would propose infill housing and a centrally located park available to residents of the development. The architectural style should be consistent with surrounding historic structures. The CRA plans to recommend that a RFP for a developer be issued in the spring of 2014. HEART OF BOYN 2013 MASTER PLAN � ai ri <<; fir w i a � tntllau,nq �� a yiS t Catage DISITH - l r w, Aerial View Main Entrance $IfIPCI ViGN' � Div+ l � ih 4. COTTAGE DISTRICT 1NFILL 41 . SARA SIMS PARK EXPANSION tt zn te . . n M }} �s tONn a � -+k � �� w s,'+N' apt +t�i k ;�, ��, {�S'' }• , � F In 2010, the CRA worked with community members to create a concept for the redesign of Sara Sims Park. The community desire was to preserve and enhance the historic graveyard and create areas for community and family events. As part of the implementation of the plan, the CRA purchased properties to make the plan a reality. Additional properties have been targeted for acquisition to implement this concept and implement the park master plan. 42 LAND USE RECOMMENDATIONS. Changed economic environment, and creation of the Downtown Transit - Oriented Development (TOD) District has warranted considerations for higher development intensity and new redevelopment opportunities compared to those proposed land use in the 2001 Plan. The map on the following page (Figure 14) illustrates these proposed changes. (The numbers on the map correspond to numbers in the recommendations listed and reviewed below.) SOUTHEAST (EAST OF SEACREAST BOULEVARD, SOUTH OF NE 9 "' AVENUE' 1, 2, ) This area is in the Downtown TOD District and is likely to undergo significant transformation when the commuter service gets under way. The proximity to the station makes development in the area eligible for a density increase of up to 25% in all zoning districts with a maximum density over 11 units per acre, corresponding to the Special High Density Residential, Mixed Use and Mixed Use -Core land use classifications. Also, the area is located two blocks north from Boynton Beach Boulevard. The future redevelopment of the Town Square —now under consideration— should present a significant impetus for redevelopment of the economically obsolete structures on properties fronting Boynton Beach Boulevard, and the positive effects will likely spill over to this southeast area of the HOB. The 2001 Plan recommended extension of industrial uses along the FEC Right - of -Way one block west to N.E. 3` Street. Further west, the Plan proposed Mixed Use Light land use, bounded by N.E. 5 "' Street on the north and Boynton Beach Boulevard on the south, beyond the HOB southern border. As explained earlier in this report, the original recommendation for Mixed Use Light for this area stemmed from the proposal to redevelop City Hall and adjacent civic uses to create a new commercial district, referred to in the Plan as an expansion of the downtown CBD (Central Business District). ExPANSION OF LIGHT INDUSTRIAL USES The updated Plan builds on the 2001 recommendation for industrial uses to stretch between the FEC tracks and N.E. rd Street. The Plan proposes to extend industrial use even further, to NE 2" Street, over the area currently classified 43 General Commercial, the City's most intense commercial land use category. The new recommendation comes as a response to the well - recognized, significant loss of light industrial land throughout the City over the- last 15 years, and is part of a comprehensive recommendation generated by the industrial land study recently commenced by planning staff. It is also consistent with the original 2001 Plan's emphasis on job creation, a key issue for a low - income community with high unemployment. It should be noted that all remaining pockets of industrial land are being given the same priority for preservation as described above for this industrial area in the HOB. U LTI-FAIM ILY USES.' A TRANSITION TO SINGLE ®FAMILY AREAS The proposed multi - family residential use (2) for the area immediately west of the expanded industrial section would provide a transition to single - family areas; furthermore, Land Development Regulations would include additional provisions to minimize conflicts between industrial and residential uses. INCREASED DENSITY/ HEIGHT: SEACREAST BoULEVARD FROM NE 3 H To NE 9T11 AVENUES(3) The original land use and corresponding zoning recommendations for the area south of NE 6 th Avenue was to support low intensity mixed use whereas properties located between NE 6 th and Bch Avenues were intended for multifamily use with a maximum density of 11 units per acre and a maximum height of 45 feet. A neigborhood commercial node was proposed on the southeast corner of Seacreast Boulevard and NE 9 th Avenue. The new recommendation for this area is Residential /Commercial with a maximum density of 40 units per acre and a maximum height of 45 feet. This recommendation supports flexible development options, allowing for a range of possible scenarios with regard to both the type and the intensity of development. It also embraces two potential development opportunities currently under consideration, described earlier in this report. The first development is Ocean Breeze East, which is likely to avail itself of the increased density option; the second proposed development concept is the low density Cottage District. Moreover, although the recommendation accommodates the pocket of historic homes within the single family area between NE P and NE 4 th Avenues, it will also support the intensification of development likely to follow the arrival of the Coastal Link commuter service and the redevelopment of Town Square. Innovative urban design solutions could potentially make it 44 possible to incorporate historic homes into this scenario. Alternatively, they may be relocated elsewhere. As mentioned above, additional land development regulations intended to reduce potential conflicts among uses will be considered, along with adjustments to the mixed -use regulations to limit building heights to maximize land use compatibility. NORTHEAST (EAST OF SEA REAST BOULEVARD, NORTH OF N E 9"' VENUE: 4, Sp ) The first change in recommendations for this area is a density increase from a maximum of 11 units /acre proposed in the 2001 Plan to a maximum of 20 units /acre, for the area between NE 9th Avenue and NE 11 Avenue (4); however, to maximize land use compatibility, maximum building heights of 45 feet would remain unchanged. Furthermore, while the 2001 Plan proposed single family use from the northern boundary of HOB (Boynton Beach canal) to properties fronting on the south side of NE 12 Avenue, the updated recommendation is to extend the single family land use south to NE 11 Avenue (5), in lieu of multi- family. Staff believes that this recommendation is consistent with the intent of the original plan to preserve single - family homes, and the single family /multi - family shown in the 2001 Plan may have been placed in error. The updated recommendation is also to expand and intensify potential development on both the southeast and northeast corners of Martin Luther King, Jr. and 5eacreast Boulevard, and at the intersection of Martin Luther King, Jr. Boulevard with Railroad Avenue (6). The new use recommendation is for commercial /multifamily use, while the 2001 Plan suggested low intensity neighborhood commercial uses in both locations. The commercial /multi- family option supports creation of commercial nodes with larger retail businesses; residential uses would be allowed at the increased density of 30 units /acre. HEART OF BOYNTON TEST OF SEACREAST BOULEVARD ( The emphasis of the original plan for the area west of Seacrest Boul.vard was on preservation. The 2014 update of the Plan supports the original recommendation of the single- family residential character, with only minor changes in connection with the Galaxy School rebuild project. 45 ExPANSI N OF SARA SI S PARK ( The 2014 update clarifies the parcels to be used for the expansion of the Sara Sims park. The expansion covers an area along Seacrest Boulvard immediately south of NW 8` Court, recommended as a small node of neighborhood retail in the 2001 Plan. It also includes an abutting church property, to be incorporated into the park design, and a few properties east and west of the church, all originally proposed to remain within single family residential land use. The recommendation supports the new Master Plan for the park that was completed in 2010. GALAXY ELEMENTARY SCHOOL AND GALAXY PARK The land use recommendations for this area reflect the changes on the ground that were completed in 2013 with the opening of the rebuilt Galaxy Elementary School and dedication of a 4 -acre section north of the school property for a City park. The latter was received by the City from the Palm Beach County School Board in exchange for the property on Galaxy Way, which previously served as a City park and recreational facilities for the school. Relative to the 2001 Plan, this recommendation extends the Public Use land use farther east, and replaces Public Use with Recreation on the relocated Galaxy Park, and existing Scrub site. The scrub habitat, located north of the park, is connected to the Barton Park, and to the West Palmetto Linear Park via a path sidewalk. A pathway connection from the Galaxy Scrub to the Galaxy Park is planned in order to complete this section of the Greenways plan. 46 r,rF�r 'raliir �� " � r �� r■•r I��I�� h� Ir111� �r�r ■M► rM,t�•z�'r � �`�11 1i1i11111111� x � ��1�1� "� • Illlllitll MR�IMt ■� 1�11� �1� II IIf111.� �Iil�l1.4■ Iitl�ut i�■ r De nsity: l[llllllllll■ IAAl111111IA1 �:� ■1 Max Height- 46 fe �+�^�� M��M��YI '11E1 ■� It ■� 1�11�111111'� • >tlllll�l� #1111 %llflllill IliA1! � i�uiu��1��11 � ■�11s Inr1A� .. s ., 'niNl , liHII 1.11IlNflt I1� �i��illl��ll1A1 1 Ulllli I11111A�' ` Cii ■ D ensit y : 11-30 units/acre -. 1lilllilll�l ■�1 rrinua ■Ili � � ? �� lilllllllfll � � - i ■llJ��II� N111�1111111 /1f 11� • � �' � � fl, 1��11��1��1 u „ta'f n r u •i�w. � � � - � �. � /IIE� �.� � �� 11>r�ra« � �! ■1�lflil� 11^ :: Ir111111 All: �'�► ' S Rol . NEB■ �l�l t 1_ 1111' ��11111 K! #1■ />l�ll mm ■ �11 11, � fir► N� /�■ �' r I11�11�' Ili[- d!6 .l.IIIfY _'i- • � .. 1111: 1 �1 M „� 1! ■[1111 � � � ■ �t �� , ' 11��i 1111 �/1 � lA1�1111. ■#111 1�� ,� III �� 11i>f '� �� '�!� '�, , 1�`,- 1111!r1111111��■ �l1 �il11 �1111�• �IL�� Ili � r[1� �t�� !�1l: 1:IIif1�•1•�[ 1.��l1�� 11H1 ■:;, �M1k111R�:' ■!Nf �_ 1!r'�� /�1h � :' •. 4*��:��I� - 1��1 111111 1�11�; . 1 .11111 �r� � � � ■�1■I�1 111 1; �: rr� �.�lUl� �1�111ia'��1�� I��L� ��11U1�� ■�ii" �!!ll � � 1111111111 111 111111 '111 1!Il1t` 111111 2 11111111 1 rY�l1 ■ 11 11<m11111■ �� *, URBAN DESIGN RECOIL MEDATIONS The 2001 Plan recommended a design style for the Heart of Boynton area that was labeled "Floribbean ", which combined the "Old Florida" style with the Caribbean influence as attributed to the influx of the Caribbean population. The 2014 update is not recommending against promotion of the "Floribbean" style, but intends to place equal emphasis on, or recognition of, the three oldest architectural styles present in the HOB and the city. Such - styles have been documented in the City's 1996 Historic Site Survey,_and such styles— Mission, Frame Vernacular, and Mediterranean Revival— contain most characteristics listed as typical of the °Floribbean" design. These homes were built approximately between the years 1920 and 1945, and may be considered for placement on the Local or National Historic Registers. ISSIO The Mission style houses are located around NW 4" Avenue, NW 5 Avenue, and Seacrest Boulevard. It is possible that some of these structures were model homes for the Boynton Hills Subdivision which was created in 1925. This style originated in California during the 1880s and 1890s in response to increased interest in the state's colonial Spanish heritage. It became popular in Florida during the Land Boom of the 1920s. All of the Mission style buildings in the HOB are one story, constructed of a wood -frame surface with textured stucco and a flat roof, have porches (although many have been enclosed), and common decorative elements including shaped parapets, barrel tiles, scuppers, moldings, recessed arches, and chimneys with ornamental caps. s , b..hy (} pp r 1 .. ..... I 7 t.z t }�t'� 7 {sgi},ra�Y�t�i �tll { { {{��t i15��tCtttly S7}t�jtilW�ili;�tt } 1 tc ,.r 48 FRAM VERNACULAR Most of the Frame Vernacular structures in the NOB area are located on or near NE 3rd Avenue, NE 4th Avenue, and Seacrest Boulevard although other isolated examples exist in the area. This style of construction was most prevalent in the City from approximately 1900 to 1945. This style was normally built without plans by local builders, with the use of traditional construction techniques. Instead, the design of the buildings was based on local needs and traditions, available materials, the environment, and technological capabilities. As technology improved in the late 1800s, many building elements were standardized through mass production. The term `vernacular' refers to a structure that is not of a pure design style but is loosely based on the features of other architectural styles. Therefore, although decorative detailing is normally minimal, the details reflect decorative elements from other styles such as Mediterranean Revival, Mission, Classical, etc. Construction is of a wood frame covered - with wood siding, asbestos /composition shingle, or stucco, and a gable or hip roof surfaced with composition shingles. The structures may be one or two stories and may have a front porch, some of which have been enclosed. Common decorative elements include wood trim, decorative vents, exposed rafter tails, simple columns, brackets, jig -sawn woodwork and, in some cases, a masonry or stucco chimney. 4 I t t tit�ti4 tai i 4 s it I� `s itlt�� fi�SF it 49 MEDITERRANEAN REVIVAL Although no examples of Mediterranean Revival structures exist within the HOB, at least one prior example existed until recently demolished. This is a common historic style found throughout the city and one which ties in closely with the Mission style with regard to construction date and decorative , / \ r y � s i I i h � l i s,1.;. nt � Sul 7, " Pt Characteristics of Mediterranean Revival style buildings include one or two stories, wood frame stucco, and gable or hip pitched roof surfaced with barrel tiles or a flat roof surfaced with tar and gravel. Buildings in this style can be very ornate with decorative details including plaster or terra cotta features, arches, columns, window and door surrounds, cornices, quoins, and parapets. This style also in6ucles exposed rtftert, brackets; medallions, iron grilles, and balconies. Florida's Spanish heritage and semi - tropical climate favored the use of Mediterranean designs. The roots of Mediterranean - influenced architecture in Florida can be traced to the Spanish, Italian Renaissance, and Moorish Revival churches and hotels in St. Augustine developed by Henry Flagler and others during the 1880s. One of the most significant architects associated with Mediterranean - influenced architecture was Addison Mizner. During the great 50 Florida land boom of the 1920s architects and builders applied Mediterranean - influenced designs to a wide spectrum of buildings. RECOMMENDATIONS DATIONS For new residential infill construction, consider taking design cues from the existing historic building stock. The intent is not to replicate the historic structures but to design new buildings that complement the historic structures rather than compete with and dominate them. Contemporary or modern styles should be avoided unless within more remote areas unrelated to the historic properties. Consider consulting the Historic Design Guidelines and Chapter 3, Article IX, Section 6.0 of the Land Development Regulations for design ideas based on the existing historic architectural styles with respect to height, style, proportion of openings, rhythm of solids to voids, roof shape, size, scale, bulk, mass, and volume. Consider the introduction of a design review process for new residential construction in the Heart of Boynton area. This may be partially achieved by the creation of historic districts in areas where there are a concentration of significant historic structures. Although the majority of existing structures in the Heart of Boynton are one - story structures, two -story structures also exist. When building a two -story structure, consider recessing the second -story wall plane behind the first -story wall plane to reduce the massing of the front elevation and the overbearing impact on adjacent one -story structures. Consider reducing the massing of front elevations by introducing design features such as stepping back or extending sections of the elevation or constructing porches. 51 SUMMARY OF RECOMMENDATIONS ACTIONS COMMENTSASSUES /OPPORTUNITIES 1. Continue to support more housing of o Balance of affordability and quality different types and prices for different o Workforce housing (see "2 ") income levels o Support to HABITAT and other housing developers /organizations o Nonconforming lots, unit size restrictions (see also 'V'), other code barriers to housing development a Cherry Hills redevelopment 2. Review and reinstate Workforce Housing o New program impact in context of HOB needs Program . Develop strategies for job training and job o Use of CDBG funds creation o Partnership w/ service providers o Job - generating uses in HOB zoning districts 4. Continue to plan for continuation of land o Sources of funding assembly o Strategies S. Amend FLU /rezone properties as needed o Land use /rezoning needed for mixed use projects for redevelopment (Ocean Breeze east, commercial nodes, increased residential densities) o Conventional districts' rezoning may be done in preparation for redevelopment (if areas identified) 6. Amend LDR's to facilitate redevelopment o Measures to mitigate land conflicts such as maximum as needed height restriction, landscaping o Cottage District review of 1PUD regulations, unit size restrictions o Thresholds for land assembly c More solutions to development on nonconforming lots o Additional urban design regulations to guide development 7. Implement HOB - specific o City- initiated rezonings recommendations from the o Future zoning map industrial /commercial land use study o Contact owners, additional community meeting with initiated by staff those affected 8. Preserve historic character of the o LDR amendments neighborhood with new development following urban design guidelines 9. Support HABITAT "community building" TBD project 10. Support formation of neighborhood TBD associations /partnerships 11. Support actions by law enforcement in TBD partnership with local organizations to address crime 52 Implementation Schedule P roject Action i e r Model Block Complete Public Improvements - Sidewalks, Street Trees, Streetlights Winter 2014 Issue Request For Development Proposals to build single-family homes Winter 2014 IVILK Corridor Complete Land Acquisition Winter 2015 Commercial Center Issue Request For Development Proposals Winter 2015 Draft Development Agreement between CRA and Developer Spring 2016 Ocean Breeze East Issue Request for Development Proposals Spring 2014 Amend Land Development Regulations Per Plan Recommendations Summer 2014 Draft Development Agreement between CRA and Developer Winter 2014 Cottage District Complete Land Acquisition Winter 2014 Issue Request for Development Proposals Winter 2014 Amend Land Development Regulations per Plan Recommendations Spring 2015 Draft Development Agreement between CRA and Developer Spring 2015 Sara Sims Park Complete Land Acquisition Spring 2015 Expansion Amend Land Development Regulations per Plan Recommendations Spring 2015 Draft Construction Documents Summer 2015 Issue Request for Construction Manager at Risk Fall 2016 Industrial Area Amend Land Development Regulations per Plan Recommendations Spring 2014 Expansion (To Include New Language for Additional Landscaping, Sidewalks, Lighting) MLK Corridor Multifamily Complete Land Acquisition Fall 2016 Issue Request for Development Proposals Winter 2016 Amend Land Development Regulations per Plan Recommendations Winter 2016 Draft Development Agreement between CRA and Developer Spring 2016 Complete Land Acquisition Winter 2017 Multifamily Transition Issue Request for Development Proposals Spring 2017 Area to Light Industrial Amend Land Development Regulations per Plan Recommendations Spring 2017 (NE 3rd Ave to NE 6th Draft Development Agreement between CRA and Developer Ave between NE 2nd St Spring 2017 and NE 1st St) Galaxy Elementary and Amend Land Use and Zoning to Reflect Construction of New School and Galaxy Park Creation of New Park Summer 2014 Amend Land Development Regulations per Plan Recommendations Economic Development Provide City and CRA Incentives as Necessary to Increase Economic Incentives Opportunity for Residents Ongoing Enhanced Public Right- of-Ways (Streetscapes, sidewalks, streetlights, I Enhanced right-of-ways can be done through public/private partnerships, landscaping, etc.) CDBG funding, or CA funding Ongoing BO)INTO' BEACH', RA CRA BOARD MEETING OF: M ay 1 , 2014 Consent Agenda i X Old Business New Business ( Legal Information Only SUBJECT: Review of Phase Four of the Marina Redevelopment Project SUMMARY: The marina area has long been at the forefront of the redevelopment of downtown Boynton Beach since the first CRA plan was adopted in 1981. To date, there have been a number of projects undertaken in the marina area. The first activity undertaken was by the City creating what is known as Pete's Pond; a drainage area and natural walkway for the downtown core. This project allows all new mixed -use high buildings to drain to Pete's Pond thus relieving developers of the cost of on -site water retainage. The second project was the Boynton Beach Blvd. extension and Promenade financed and constructed by the CRA. This award winning project extended Boynton Beach Blvd. east from Federal Hwy. thus allowing the Marina Village Condominium project to be built. The Promenade is a covered walkway to the Intracoastal. Marina Village Condominium on Casa Loma Blvd. was developed by The Related Group in 2007. This major project began the redevelopment of the marina and downtown in earnest followed by the construction of the Casa Costa condominium in 2010. These two projects added 770 units to downtown Boynton Beach. The CRA purchased portions of the marina area in March of 2006 and January 2007 with the intent of preserving the working waterfront marina and the public's access to the waterfront. The CRA engaged the firm of VHB to create a master plan for improvements to the marina. The CRA's concept was to make the marina an attractive, functional area that would be a welcoming visitor destination. The first phase of the CRA marina redevelopment project was to dredge the basin, install new piers, docks, fish cleaning stations and electrical and water metering systems. The second phase was to create an entry feature into the marina. This phase included the iconic lighthouse, landscaping, public art and park like area at Ocean Avenue and NE 6 Street. Phase three consists of upgrading the fuel lines for the gas pumps, new high efficiency gas pumps, a ship store, public restrooms, and landscaped open space. This phase is estimated to be completed by December 2014. The final phase of the marina redesign is located at the site of the two story green building at the corner of NE 6tr, Street and Casa Loma Blvd. The plan for this site is to take the building down and create green space and seating areas for people to wait to board their fishing or dive vessel or to simply relax and watch the boats. (See Attached Concept Drawings.) Recently, after attending the FRA conference CRA staff came up with an idea of the potential to reactivate the building into something such as a bar that could to be leased to an experienced bar operator. City staff's initial reaction was not negative. However, there is much more research that would need to be conducted to make an informed decision, such as construction cost, permitting and whether or not the enterprise would be profitable. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT=ompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\May 20141marina Phase III.doc It BoYNTO =BEACH RA FISCAL IMPACT: The estimated cost to execute the current Phase Four of the Marina Redesign is approximately $568,000. Without research, staff cannot estimate the cost to convert the building or the potential revenue it may generate. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan (1981) and Downtown Vision and Master Plan {2009} RECOMMENDATIONS /OPTIONS: Provide staff direction whether to add the existing project to the upcoming budget meeting or to conduct research on converting the building to another use to consider at the upcoming budget meeting. Vivian L. rooks Executive Director T ;IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\May 20141marina Phase III.doc i I� I I � Ii i + i i s (sj ill � i � it c, - ��,�• ' ,�. i Q 0 U 0 +, Ln I 1 I � Q t L � „ ,� u � rte• �� ou aj r CL < CA „ , eo s ei , v ru LIA vo r , U �SI � i i + ''i1{I \tin ?1r =< {j 1 /4 1 t r - 4 - 1�.�, - r�rt {f s Itf }� �, r ll sSr �� -. �4 sS t i t'r 4 r ,, f i � ttt t +l.'.;e , 1 �, 4 : t t( t� }� {h}i\t 1 Srt. ��. llr; ,» `•r - - - 5 t 1 4� �� rz�� -.�>) ` t �5tv r ) t - v �, trz +rl4t 1 `; t r r rt i. � 1 t. 1c �r11 �1 �� • �_ is { A':: � r ,r �� {! 1 ? t v'r• , t , t , ,, ' }` �,v. , , � � , �„� 4 ; r„ ,1 {� It, 1 �� I � �v r ' c - `tirll. �114t4 s>A :� t r tr r t } r g f sl i 1 I 1 1��1 ti l rr�� , 1 { +� 1 ��t� \{ t tv f f IIigF {t \�tj } lt t { f}�S €�� }�t i � l �Sir�r + ,,st r s t �l tt l��2� l i�?i 4 +5 i, ` {i ii t > 7 t1 �i�tS \sy33t� }\ � rttt �t 1 �1 115 f a 13t{ h�11 t ' � t v'Itvtt, {k'41U�f�s1v1'rl lry tt�r� "' p8 � � �� 1!6' + Ilay 1 3ttf \l? r� 1rtF r3�r lr'Jt t n,'�Y��l f Itv a a 4y,xivvv,4��i t�, xi { {:Ilr l(�d ' lt f111n i� } s ) } \ 1 13! 4 41�� lsr lt} stcl2� t V t fll Y @ s ��I � 4� }tt31 } {l 3 { }I SiY }�1A t {Sti4)1� fi t _ _� >• �r1' tr tls, t, tit1 b�t 1 �� 111 — ��1 r 31 + �, i s I IhFP 4 r 1 s t 3t1 } 4 111 I ii£S( \� 41 ri4' t , i S %ti 4 r= t { ?�3(31ri{ r y111r j1 s It ti l l r' ; 4 tr t owf ONO f;: �i(1 3114 4i '1\ t ttijtt t,. if r iJ 4 1 1 ; : l 1i1) { 11 l{ 1 4 3 1(tSt tl r v l s Ii; ',r ) 1 '� tv 1 41t}F� 1 n_ 4 y1 , a B Iv V tj4SS { ilr v i r I ( nag P � `�11 k'� I s - w ry t , 4 tt e 4 1 1 t ; !l F �� )i� di0000000i� ra t , 1 , t � t � 4{d f 1 ` i € -t 1= j' � � 1 d t t� r 1 F \ \� l}jj�fffJl� �- _ _ vuv I`Vvv�J ��t 1 ' ' IN 7 )i ' fi 1��ffi Iv i i r r` 1 , A o ti l �t : t- Si4+ ui t irk — r s. � m {1 f c t i e. r a J+ r : t f III � 17 I I � � i 1 E i7K�1- 1 I i ,t lil Ilk - { f � _ 1, (( t a q f 4 7h t i - i 4 f, ! 'I F � 4n �I A t . I I k = � 1 � {; I t 4 }. k E MMIN d� r C R A CRA BOARD MEETING OF: Ma 13, 2014 1 Consent Agenda I X I Old Business I I New Business I ( Public Dearing tither SUBJECT: CRA Development Project Update: Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project. SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project. The scope of work for the project consists of the construction of a new 1,500 square foot Harbor Master building with shop store and public restrooms, enhanced lighting, landscaping and hardscape improvements and signage. At their February 11, 2014 meeting, the CRA Board approved entering into a construction contract with The Collage Companies for the construction of the project for the contract price of $974,545 plus a 15% contingency $146,182 for a total of $1, 120,727.00. The Notice to Proceed was issued on February 26 with a final completion date of January 8, 2015. C RA staff has been working diligently with the project management team of the Collage Companies on all of the pre - construction and permitting items in preparation for the start of the project. As you area aware, the project site is small and located in the most heavily trafficked area of the marina. Collage's Project Manager, David Trindade has done a wonderful job thus far of managing the site and is progressing well through the secondxhase of the building grade beam and slab formation work. The concrete slab was poured on April 30 and the installation of the concrete masonry block walls began on May 2" Progress pictures are attached. FISCAL IMPACT: Construction Cost of $974,545 plus 15% contingency $146,182 for a total of $1,120,727 budgeted in Account # 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: CPA Redevelopment Plan, Downtown Vision & Master Plan, Boynton Harbor Marina Master Redevelopment Plan. COMMENDATIONS: None. Michael Simon, Assistant Director T:bAGENDAS, CONSENT AGENDAS, MONTHLY REPORT&Completed Agenda Item Request Farms by Meeting\FY 2013 - 2014 Board MeetingsWay 20141Madna Prcject Update.docx Concrete Trucks and pump for Slab Pour on April 30' I N hii e x s s x tt + t.r I i t ( 1 ) I x i v � C 1 � � 1 ti �t r Uh - �F ll 1�� }I�s - s��2 4sf$ � \11� • s � _ v tr i �- fA�� {G �5��f( wu , �I t �1 ,I JI , v Il�1�R1(13 I tits tr �, �1• mt 1 I �"+� �g�a Is"n t;{,; Ill7f yy� '9��t,FV��h'�lliI1 #��'", � �� ? ! 2 t ca 1 311 � � �., 1 �• r - �, Ut F I +3 IV T A a II r Ikt �} 2�St3 f�� 1 i �?s ��»m!z, „� s �_ � �8��t4��5� { � €�tx .'"�gtr( rmrs ➢1ta M� ,�"� �� r i; � � 2 t,��.. - tl� - �� - �.1. ��11 } _�•Sfs l } ��... -1 sl s�l }�� lS �.. ��F -- - � t- vUs,�'I� If v v £ 1� Building slab after pour awaiting masonry block installation 1 u� sl tt3t.k � _ Installation of masonry block walls began on May 5 View of the SE corner k of the Bldg. and front porch slab. 4 0 i w J 14t��h t s 1 itlls r s nJ,„d ilk { � � }�111�uia h �lsstt,' at t - +t i E 1) liSg eft, {£ t V v1 IN III Li W r 4�2 Harbor Master Bldg. Entry Doorway v a ' PI. ' 0 I�= As ° f s Harbor - `�'� },� Master pil Bld — 1' fit, ° �� , � ,��r north wall I P1 A,7- yl�«i d^"' 1 �1 M y` Ono 1� �� 1° 14 W- kS)F }t 2� t f t ll ti a ' u �� g 1t Ri , I � l or, s , \U �a�1ti I 4; j -�} t s,. { s }'tt ��l\ s a i �� ' k �'1ji t s 'i J�}� { » ,i r� j) i i �) i 1i 1 5 r 1 i~ "a BOYNTO CRA BOARD MEE'T'ING OF: Ma 13, 2014 I Consent Agenda I X Cold Business I I New Business I Public Hearing Other SUBJECT: CRA Development Project Update: Parking Lot Project — NE 1 st Avenue & NE 1 st Street & Sidewalk Connector located at 208 NE 1 st Avenue. SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the design and construction of a 58 space public parking lot on the CRA owned property located at 208 NE 1st Street. The CRA Board approved the release of the Invitation to Bid (ITB) on December 6, 2013 with a submission deadline of January 16, 2014. As a result of the ITB process, cost proposals were submitted from ten contracting firms. At their February 11, 2014 meeting, the CRA Board approved Rosso Site Development, Inc. as the general contracting firm for the Parking Lot — NE 1 st Avenue & NE 1 st Street & Sidewalk Connector Project. On March 12, 2014, the CRA Board approved entering into a contract with Rosso Site Development, Inc. for the construction of the project. The Notice to Proceed was issued to Rosso Site Development, Inc. with a start date to be on or before April 4, 2014 with a final completion date of October 31, 2014. On March 31 Rosso Site Development, Inc. was on the property ready to begin the demolition site work. As of the date of this meeting, Rosso Site Development, Inc. will have substantially completed the subgrade and rough electrical portions of the project. Project Progress pictures are attached. FISCAL IMPACT: Contract price of $510,435.24 plus 10% contingency $51,044 for a total of $561,480 budgeted in Account # 02- 58200 -404 CPA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision & Master Plan. COMMENDATIONS: None Michael Simon, Assistant Director T :VAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Farms by MeetinglFY 2013 - 2014 Board MeetingsWay 20141Parking Prj update May 2014.docx NE 1 St St. & NE 1S Ave. Parking Lot Project Progress: j April 15 May 5, 2014. ,� Cf,t11�� )£�f si .! s 0 i a V� i�U 1 1££ i s F, J, JO r I , I £ f A p�l,! � h�Z,�l ��}F 3 4G � 'iib`i�\ 0.i �R, !4 Al tM 7 t t - t t 1 �,t,��t 3, ),�itt , tta$ }3 S�i I� .,4ss�tfr 3r, I,,s��l t> `� {� 1 , < fi ,, S � 2f t a •t,s,,ra .) �!, ,tv4: �z -.� } �� ?,t } �! i�f,,,,,ttvtZlS4,t {tt, I,:1 #r��, ,i1v f)�„ �,�2 , }vt��,; ��,jfr}� : � 1t tJ,, , � ✓fi,{f }�i) 3n�j3��,( 14�w1' � , t 3 K} I - r, - -- )_ t \ 4 I — ! _- �!� 3�'1� if 1, \\t ,t ,• „• ,t,,, ,,, ,c,s ,.� s I {,} S£,,7U)t \� 3,.,„ } 411, },,,.�,), 3),�� I cs - S, t�. +;}{ - • ,i, 1n ,, , u �t i i v � ) ' Alt k, I� did 1 s , ,It 13C1� � •t ��tc� 't"t };, ��'ti f i tr dl irt. } �t� \��, - ��yS ya14 t k \ f r ,� k , 9` y�Il i r • t} `:� rt t -, 11 li 1 St. � �{ _ s- r 4 4 4 � 99 H ' CRA CRA BOARD MEETING • may 13, 2014 Consent Agenda I X i Old Business I I New Business J Legal I I Information my SUBJECT: Consideration of Family Dollar Proposed Site Plan and Elevations SUMMARY At the January 14, 2014 CRA Board meeting the Board approved the selection of Boos Development Group, Inc. for the Notice of Intent to Dispose of Real Property at 1000 and 1010 N. Seacrest Blvd. Boos Development is proposing an 8,100 sq. ft. retail store on the CRA and adjacent property. The Purchase and Development Agreement was approved by the CRA Board at their February 11, 2014 meeting which lays out the process for transferring the CRA property and the CRA's expectations regarding the development timeline of the project (see Attachment 1). Additionally, the Agreement calls for the CRA Board to have design approval of the site plan and building elevations. Boos Development has been working diligently with the City's Planning & Development staff, CRA staff and the representatives of Family Dollar stores to design an building that meets the criteria set forth within the City's Land Development Regulations and the CRA's HOB Redevelopment Plan while being mindful of tight corporate budget restraints for the project. The site plan and elevations are being presented to the CRA Board as a requirement under Section 18.1 of the Purchase and Development Agreement (see Attachment 11). Boos Development is proposing an 8,136 square foot building and a total of 25 parking spaces. The building elevations have been designed in an attempt to meet the comments made by City Planning & Development Department and CRA staff with regard to finish materials, signage placement, streetscape features, accent elements and pedestrian scale. CRA staff supports the site plan and building elevations as presented. FISCAL ACT: If the project is approved and a closing takes place, the CRA will be transferring its two lots to Boos Development for $10. The appraised value of the lots is $126,000. The value of the economic development incentives could be up to $72,200. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan /Strategic Plan Action Item 5.12 RECOMMENDATIONS /OPTIONS Approve the site plan and elevations designs as presented by Boos Development, Inc. for the Family Dollar Store project. Vivian L. Brooks Executive Director T .` 1AGENDAS, CONSENT AGENDAS, MONTHLY REPO RTS1Completed Agenda Item Request Farms by Meeting\FY 2013 - 2014 Board Meetings\May 20141Family Dollar Site Plan apprvl.doc ATTACHMENT I PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), ), by and between BOYNTON BEAC UNITY H COMMUNI REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes (hereinafter "SELLER") and BOOS DEVELOPMENT GROUP, INC. (hereinafter "PURL HASE R"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: I . PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the tents and conditions hereinafter set forth, the Property which consists oft ee parcels located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Attached Exhibit "A". 1 PURCHASE PRICE AND PAYMENT, The Purchase Price to be paid for the Property shall be Ten Dollars (SIO-00), receipt of which is hereby acknowledged, The parties agree that SELLER is conveying the Property to PURCHASER for the construction of an 8,100 square foot Family Dollar retail store. SELLER has complied with Section 163.380, Florida Statutes,, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one oft e SELLER and PURCHASER has signed the Agreement, 5. CLOSING. The purchase and sale transaction contemplated herein shall close no sooner than the issuance of the construction permit for the Family Dollar store and no later than the thirtieth (30' day following the issuance of such construction Pe it (the ' unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED, At Closing, SELLER shall convey to PURCHASER, 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, casements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"). (a) general real estate taxes and special assessments for the year ol'Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of'-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, Pursuant to Section T1 and Section 7.2 hereof. T INVESTIGATION OF THE PROPERTY, During the term of this Agreement PURCHASE AGREEMENT Page 2 of 13 ("Feasibility Period"), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'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 SELLER 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 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to tenninate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Mective 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 tote Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) anising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents, SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil Borings and other physical reports) in SELLER'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 P C ASE R shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Pennitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. SELLER shall examine the Title Commitment and deliver written notice to PURCHASER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PUR CHASE WS Title Objections to SELLER within the aforesaid revie period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PC] RCHASEWS Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'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 PURCHASE AGREEMENT Page 3 of 13 Property as oft time of Closing or (iii) canceling and ten this Agreement, in which case, the Deposit shall be returned to PURCHASER 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, PURCHASER 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, PURH CAS ER 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. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest I /I 00th 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. 8. CONDITIONS TO CLOSING. PURCHASER 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 PURCHASER in writing: 8.1 R stares entations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall bet e and correct as of Closing. 82 Condition of Pro perty The Property shall be cleared of all structures and pavement prior to closing. 8.3 Rending Pro�:, �edin )r�s. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened which has not been disclosed, prior to closing, and accepted by PURCHASER, 8.4 Compliance with Laws and Revulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS, The SELLER 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, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed, A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, N4194117t,! PURCHASE AGREEMENT Page 4 of 13 encumbrances and other conditions of title other than the Pennitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 93 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the tern of this Agreement. 10. PRO RATIONS- CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. 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 prorations to be made through the day prior to Closing. 'Faxes 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 yeaCs assessment is available taxes will be prorated based upon such assessment and prior year 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 Closi ig Costs, SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 103 Closin%j, Procedure. PURCHASER. shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Title Company, the Closing Documents. The Closing Agent shall at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents mid a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 100 Existing Mort ' gages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and Judgments 00299V76_1 PURCHASE AGREEMENT Page 5 of 13 applicable to and encumbering the Property. 11. R..EPRESEN AND WARRANTIES, 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAU LT, 12.1 Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities - under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER but not otherwise. 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder, or (2) specifically enforce SELLER's obligations hereunder. 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 deten the action necessary to cure the default. The defaulting Party shall have fifteen (1 days frorn 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 PURCHASE AGREEMENT Page 6 of 13 may exercise the remedies described above, 12.4 Survival, The provisions of this Section 12 shall survive the tennination of this Agreement. 13. NOTICES. All notices required in this Alp must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Kenneth G. Spillias, Es q. Lewis, Longman & Walker, P.A. 1700 Palm each Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 If to Buyer: Boos Development Group, Inc, 2651 McCormick Drive Clearwater, FL 33759 Attn.. Robert D. Boos and Robert B. Boos With a copy to: Henry Dirksen Boos Development Group, Inc. 5789 NW 151 St., Unit B Miami Lakes, FL 33014 With a copy to: Bryan J. Stanley, Es q. Bryan J. Stanley, P.A. 209 Turner Street Clearwater, FL 33756 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure tote benefit of, the successors and permitted assigns of the Parties hereto, SELLER may not assl&m its interest in this A&Teernent without the prior written consent of PURCHASER. which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, 15. RISK OF LOSS, In the event the condition of the Properly, or any pail thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreernent and the parties shall have no farther obligations Linder this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. PURCHASE AGREE-MENT Page 7 of 13 16. BROKER FEES, The Parties hereby confirm that neither oft em has dealt with any broker in connectionFrith 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, darnages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting ftom any agreement, arrangement or understanding alleged to have been made by either Party or on its behalfwith any broker or finder in connection with this Agreement. However, SELLER'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 SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county mid governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. I& DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and P U RCHASER acknowl edge that the Property is being sold to P URCHASER for the sole purpo se of developing an 8,100 square foot Family Dollar retail store. 18.1 Seller Design Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review, SELLS 's approval of such items shall not be unr - easonably withheld, conditioned or delayed. PURCHASER shall submit such items to SELLER for approval within thirty (30) days following the later of (i) PURCI IASER's receipt of its receipt of Family Dollar Real Estate Committee approval for the development of the Property as a Family Dollar store, and (ii) Seller's completion and acceptance of its initial due diligence inquiries, including review of the Title Commitment, Survey, a Phase I Environmental Audit, a feasibility study and inquiries with governmental authorities concerning the probability of obtaining the governmental approvals for the development and use of the Property for the purposes contemplated by this Agreement. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Dgypl2pM nt lnce tives The SELLER agrees to provide the PURCHASER with the following Boynton each Community Redevelopment Agency economic development incentives to induce the development of the Family Dollar Store: a. Commercial Fa ad Grant in the amount of` $1 0 b. Commercial Construction Project Incentive Program reimbursement of 3.3% permit fee dependent on actual project cost, not to exceed $66,000. C. Interior Build-Out Grant- $22,500 PURCHASE AGREEMENT Page 8 of 13 d. Rent Reimbursement Grant - $7,200, if applicable. PURCHASER agrees to apply for and fill out all C roe at forms applicable to each economic development program. 18.3 Development Timeline. Subject to the provisions of this Section 18.3 concerning SELLS 's cooperation with PURCHASER's efforts to obtain the governmental pen and approvals for the development of the Property in accordance with this Agreement, PURCHASER shall utilize commercially reasonable efforts to comply with the timeline and periods set forth in this Section 18.3 below, and PURCHASER shall document each such occurrence in writing provided tot e SELLER upon completion of each. a. Completion of construction documents within eight (8) weeks following PURCHASER'S receipt of Site Plan Approval (described below) (Copy of Site Plan Approval to be provided to SELLER).. b. Construction permit to be issued twerity (20) weeks following PURCHASER'S issuance of construction documents (Copy of pennit to be provided to SELLER). C. Groundbreaking ceremony to be coordinated with SELLER'S Marketing and Events Manager within eight (8) weeks of PURCHASER'S receipt of construction permit. ol. Commencement of construction within eight (8) weeks of PURCHASER'S receipt of construction permit (photographs of site and/or written description of progress to be provided to SELLER). e. Certificate of Completion to be provided within six (6) months from commencement of construction. SELLER shall cooperate in all reasonable respects with PURCHASER's efforts to obtain the governmental pen and approvals for the development of the Property in accordance with this Agreement, which shall include without limitation, the prompt processing of such applications, authorizations and similar instruments as may be reasonably required from the governmental authorities from which such permits and approvals must be obtained. SELLER acknowledges that its cooperation with PURCH ASE R's efforts to obtain such governmental permits and approvals will be integral to PURCHASER'S ability to successfully comply with such timeline and time. periods. In the event that, despite PURCHASER'S commercially reasonable efforts to comply with the timeline and periods set forth in this Section 18.3 above, PURCHASER is unable to comply with same, such timeline and time periods shall be extended for a reasonable period not to exceed six (6) months. 18.4 Reverter/Termination of this Aureeinent. 11' the timeline outlined in Section 18.4 above is not strictly inet, and PURCHASER has not provided SELLER with a PURCHASE AGREEMENT Page 9 of 13 written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the time frames set forth above, but PURCHASER and SELLER agree that time is of the essence, 19. MISCELLANEOUS. 19.1 General. This Agreerrient, 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 tote entire Section, unless othemise 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 Par relating tote Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties, This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm each County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southem District Court of Florida, 19.2 Computation of Time. Any reference herein to thrie 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 cornmencing with the Effective Date shall not include the Effective Date in the calculation thereof 19.3 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 its 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 deerned 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 aph shall survive termination of this Agreement and the Closing. 19.4 Construction -pf — A greement. 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 shEll include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may PURCHASE AGREEMENT Page 10 (if 13 require, Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. it any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or - unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initiated by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury LT Aal. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, 19.8 Attornevs. Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions oft is Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party, 19.9 BindingAII thorit . Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the C and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf lie or she is siping with respect to all provisions contained in this Agreernea 19.10 Recordigg, This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Sunival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 19.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs. if any, incurred by SELLER in connection with the transaction contemplated by this Agi 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes, SELLER and PURCHASER shall comply with Florida's Public Records Law. Specifically, to the extent required by applicable law. SELLER and PURCHASER, as applicable, shall: a, Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; Ip" k =t, I PURCHASE AGREEMENT Page I I of 13 b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in Chapter 1 l9, Fla. Stat., or as otherwise provided by law, c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a fonnat that is compatible with the information technology systems of the SELLER. e. The failure of a party to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. if a party fails to cure the default within seven (7) days' notice from the other party, the other party may terminate the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER BOOS DEVELOPMENT BOYNTON BEACH COMMUNITY GROUP, INC. REDEVELOMENT AGENCY Print Name: Robert D. Boos Pri t Name: Jerry T ylor Title: Chairman & CEO Title: Chair Date: 4 Date' Witnesses: Witnesses: in L Rocap _ M811reen Wolfe �uR�y9r7t : -I PURCHASE AGREEMENT Page 12 of 13 Approved as to fbrrn and legal sufficiency: CR A Attorney LClicni Documents"'Boynton Beach CRN2419-01 1"MiscTurchase and Development Agreement for Parker Lots I I 30,06AOC OV.14%i6_1 Exhibit "A" Legal Description I - PCN: 08 ®43- 45 ®21 -30 -004 -0010 — LOT 1, LESS THE WEST 25 FEET AND LESS THAT PART OF SAID LOT I WHICH IS INCLUDED IN THE EXTEMNAL AREA FORMED BY A 20 FOOTRADIUS ARC VMICH IS TANGENT TO A LINE 25 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT I AND TANGENT TO THE SOUTH LINE OF SAID LOT 1, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2797, PAGE, 1502, AND ALL OF LOT 2, BLOCK 4. PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 1 PCN: 08-43-45-21-10-005-0010 -- LOTS I AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA. RECORDED IN PLAT BOOK 11, PAGE 43, SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA; ALSO DESCRIBED AS: COMMENCING AT AN IRON ROD AT THE SOUTHEASTCORNER OF LOT 2, IN BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF - ['HE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RUN NORTH 89 degrees 59'35 WEST ALONG THE SOUTHERLY LINES OF SAID LOT 2 AND OF LOT I IN SAID BLOCK 5 FOR A DISTANCE OF 100 FEET TO AN IRON ROD AT THE SOUTHWEST CORNER OF SAID LOT I AND A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SEACRESTBOULEVARD; THENCE RUN NORTH I degree 3535" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARDAND ALONG THE WESTERLY LINE OF SAID LOT I FOR A DISTANCE OF 120 FEET TO AN IRON ROD AT' THE NORTH BEST CORNER OF SAID LOT I; THENCE RUN SOUTH 89 degrees 59'35" EAST ALONG THE NORTHERLY LINE OF SAID LOTS I A r ND 2 AND ALONG THE SOUTHERLY RIGHT-OF-WAY OF NORTHEAST 10"' AVENUE FOR A DISTANCE OF 100 FEET TO AN IRON ROD AT THE NORTHEAST' CORNER OF SAID LOT 2; THENCE RUN SOUTH I degree 3535" EAST ALONG THE EASTERLY LINE OF SAID LOT 2 FOR A DISTANCE 01- FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES IN SECTION 21 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM EACH COUNTY, FLORIDA. N40RE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT I AND 2, BLOCK 5. PALM BEACH COUNTRY CLUB ESTATES, AS RECORDED IN PLAT BOOK 11. PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT-OF-WAYLINE AS SHOWN ON THE RIGHT-OF- WAY MAP OF SEACRESTBOULEVARD AS RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183. OF SAID PALM BEACH COUNTY RECORDS. SUBJECT TO EASEMENTS. RESTRICTIONS. RESERVATIONS AND COVENANTS OF RECORD, ATTACHMENT 11 £ .... R .w YVw Lm _ivd 2 5 V.N� valaa»'HaaaeHaiN os ` RR aMO_LS21V1160R.IIWVd w +r rosx .vsa 1ftDRVl31151Vf11d3 3ND �N0� s s- h Ir I U� ZZ w O j�6 z f I �mff ( I I i IW= ¢w= ,z 4 zo, � ¢ °wi Zmx ¢ p >3Q O ¢z� ga O 3 Z mineoeuuv 1.e 1 1 a a ___ 4 Z H a , I p.', W i\ p Q m K � I arlr�s•e ns.ar \ _ p Q F 2 120, ^� N O H I I tl3�n93dY33G``P dl "' U O I ff '�T t s ` reazas araa�lnes¢j__ a Z i� r� x Lu Q I z z w 1 F � w � z S V Y �� ':�Q � I l'?. • W J _.` J d2� I�� ' In I �, _ 9 7m7 l w . y � J � "=, m y 4 s Z Q i U 1 U Y C LL ■ g 'r, m ZZ � spp Q m M3jlM193dtl�S9SN —_— --- -- ______ —f __ _— _ — N 1 Na1'12'�5•W 1PoAr K m w 2( I L S AS Z' m U• Y !l �� Nin I (l0'db 999 It) - �+ 'OA191SMOV3S 'N I I ` ti J 4 ? �ls = Z �pQ d _..__...._.. ................ I\ t7A [® 2rf 4 D S fl.h79 Ls72r 5 rS =� mo * P i i W1 15 m I I l uj ii co III a ai e I C c * LL f - I SC 13I�� a m X00 O OO ® 1 0'0 -�m a _ 'to � Li U iu Al © y S Z Q I m I w n .J cp It r IL Q' i P s - ".� W LU J lu us a Z. a �w wW z 3 w 4 s ii CRA BOA" MEETING OF-0 May 13, 2014 I Consent Agenda si ess I I New Business Public Hearing Ot 3UDJECT: Consideration of Conceptual Designs for the Federal Highway Entry Signage Project. SUMMARY: The CRA Board approved funding in the FY 2013 -2014 budget for the redesign and construction of the existing Boynton Beach entry signage and landscaped areas at the southern and northern Federal Highway corridors (see Attachment I). The scope of work for the project was to focus on a new design image for the City and CRA District as well as provide landscaping and lighting enhancements at these sign locations. In January 2014, CRA staff engaged the CRA's Professional Services Engineering Consultants, Kimley Horn & Associates to assist the CRA with sign, landscaping and lighting design & engineering as well as navigating through the requirements for these items under FDOT permitting standards and guidelines. Prior to the creation of any conceptual designs, the CRA had to obtain detailed surveys of the existing sites which were completed in early February. Once the surveys were submitted to Kimley Horn staff, they provided CRA & City staff with various design concepts for review and discussion. These design review and direction meetings were conducted from mid - February through the end of April. The CRA and City staff review team included Vivian Brooks, Michael Simon, Lori LaVerriere, Jeff Livergood, Glenda Hall and Eleanor Krusell. After review and discussion, CRA and City staff is recommending Concept 1 (see Attachment II) to the CRA Board for approval in order to continue forward into the materials selection, construction design and accompanying landscape & lighting design phase of the project. FISCAL IMPACT: Funding is budgeted in Account # 02- 58200 -402 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision & Master Plan, Federal Highway Corridor Plan. RECOMMENDATIONS: Approval of Concept 1 for the north and south Federal Highway Entry Signage design in order to continue forward into the materials selection, construction design and accompanying landscape & lighting design phase of the project. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2D13 - 2014 Board MeetingsWay 20141Entry Signage Project - Design nptions.docz ATTACHMENT I t�� P BOYNTO f unt BEACH RA CRA Budget Meeting Tuesday, August 27,2013 at Intracoastal 2240 North Federal Highway Boynton Beach, FL 33435 AGENDA 1. W elcome by Board Chair Jerry Taylor . Invocation and Pledge to the Flag 3. Work Plan - FY 2013 -2014 . FY 2013 -2014 Budget Overview 5. Review of General Fund, Project Fund, Debt Service 6. Adjourn NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737 -3268 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ID C c § 4 g S +�� ; ( rSlSir fs +L�aY l��f i'i L n k� gei' C a tc h th e Bu'.- 04f' BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY OPERATING BUDGET FY 2013-2014 AS OF: 08/2712013 m co r ul gggg gy a 710 North Federal H ighway, 561 www.catchboynton.com Entry Slanacie at North & South Federa i_ CRA Funding: $100 The importance of creating a good first and last impression for visitors, citizens, potential developers or investors cannot be overstated. The "entrance and exit" to the City and CRA District should create a sense of arrival, pride, brand and welcome. An opportunity exists to enhance the existing entrance sgnage at North and South Federal Highway in order to create such an experience. City's Existing Signage: ok n v AR is sP Examples of Signage from Other Cities: x II s � ii k , w MR +. Ih y�rQ�S }l k i t i ' 1 _ try kal 1)r Zai i Page 3 of 53 ATTACHMENT II z p A W W � J LU W ?JH Z 3�alR 22 � �mJ ZD O zw? A EW OL t o amZ,< = J J > OL J� t7 Q 3 Y U za a Z z A 2 Z LLI J w A a Q uza �N LU U z �- OW m - �� ly W _ W LLL Q Z � 7r Z Q � 0. -` 3u (LJ<fl LL w LWB m zm cl 0. O— ca•� zJ F Lu I f U�WNO a�AZ U z z u 8 (� Q f-3 W O wa un � _ U � U O 3 Z O W W- LO w� H w�� q W t� Q zm wpuYF F-4 �ja- WZ z, :1 6 z¢I W?a� Q�3 pWjz�J 0. 20 AEWZ u�� a��Qg LU 3Lz� J w UL D-M E:lza °� Wig = N2Nw> z J o�-Q 0.A t7 Q 3 \w w I L Z Z� 3 IL UljWZ LU J + ` Lk- U Q4z0 �— Z 3 am O � U i �kl u , f L Z Lu LUDW lu J w � u 1 a 3 L' r r ` r 1 W s t M��t�r °'�, ii 1Ri.,1 ad��i t � t�l : a ll , f' I Ilk llt i } � t l: 4 ti yic t st s �� p`,Av r3r ut StS , � • � r � � �� t a t� n it t fat li a � �i t p o , s ( r, r ' ,ppS Lr V l tl BOYNT01 B EAC 4 }i., CRA BOARD MEETING OF** May 1, 2014 Consent Agenda (I Old Business IX I New Business Legal Information my SUBJECT: Consideration of Issuing an Request for Proposal /Request for Qualifications for the CRA Owned Parcel Known as Ocean Breeze East SUMMARY: The CRA purchased a 9 +/- acre parcel of land known as Ocean Breeze in May of 2007. Half of the site sat on the west of Seacrest Boulevard and half on the east. Recently, the western portion was redeveloped into a 21 unit single - family subdivision known as Ocean Breeze West. Earlier attempts to redevelop the east portion were not successful due to the poor real estate market. However, given the loosening of credit for real estate investment there has been a renewed interest in this site from the development community. The site is 4.5 +1- acres and is cleared. With the approval of the Heart of Boynton Community Redevelopment Plan Update, the site can be rezoned to Mixed - Use; up to 40 units per acre and 45 feet in height. These new development regulations will allow a project to become financially feasible. The attached RFP /RFQ will be seeking a successful respondent that has local multifamily development experience in similar markets, a plan that adheres to the Heart of Boynton Plan, the financial ability to proceed quickly, the ability to utilize local residents in the development of the project, multifamily management experience and the ability to bring non -CRA subsidy to the project. If approved the RFPIRFQ will be published on May 15' and will be due July 3 The Board will hear the top three ranked proposers at the August 12 Board meeting where the Board may select one proposer to begin negotiations to enter into a Development Agreement. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS /OPTIONS: Approve the issuance of the attached RFPIRFQ for the Ocean Breeze East site. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinffY 2013 - 2014 Board Meetings\May 20141OBE RFO RFP.doc The Boynton Beach Community Redevelopment Agency Request for Developer Qualifications and Proposals Ocean Breeze East Site 700 N. Seacrest Blvd. City of Boynton Beach, Florida Issued: May 1, 2014 Project Description The Boynton Beach Community Redevelopment Agency (CRA) is issuing a request for developer qualifications and proposals for the redevelopment of a 4.32 acre +/- vacant site located in the Heart of Boynton community referred to as the "Ocean Breeze East Site ". The redevelopment of this site shall be consistent with recommendations made within the CRA's Heart of Boynton Community Redevelopment Plan Update. The Plan's goals are to leverage the publicly owned real estate asset to support the redevelopment of the area, to increase the residential opportunities in the area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. The central location, proximity to the coastal area, and significant public support creates a particularly attractive development opportunity. Community and Economic Settin The City of Boynton Beach, with a population of about 66,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beath. This puts it in the heart of southeast Florida's tri- county Miami - Dade /Broward /Palm Beach Metropolitan area. By virtue of its location, Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two -hour radius and ready access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. The Heart of Boynton is bounded to the west by 1 -95, Federal Highway to the east, the Boynton Beach Canal (C -16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north - south through the center of the community. The Heart of Boynton Community Redevelopment Plan represents the second of the five -part CRA plan update. The area consists of approximately 338 acres located immediately north and west of the historic downtown core of the city. The area contains approximately 2,760 people, 90 percent of whom were African - American with a median household income of approximately $20,848. In 2012, the estimated number of housing units in the HOB was 1,029, of which 664 were detached single - family units. Since 1990, the overall number of units fell by 175; some of the remaining stock suffers from severe deferred maintenance. This trend underscores a need to accommodate more housing, and to offer diverse choices for a mix of incomes necessary to attract and support businesses that residents want, such as a grocery store. Recently, the CRA in partnership with Habitat for Humanity completed 21 new single - family homes directly west of the subject site. These homes are owner occupied and are the first new subdivision in the community in over 30 years. Recently, the CRA approved a development agreement with Family Dollar to build an 8,100 sq. ft. store at the corner of Martin Luther King, Jr. Blvd. and Seacrest Avenue. The store represents the first new commercial development in the area in over 40 years. Given the location, history and demographic makeup of the community, there is a natural concern that redevelopment would mean "gentrification" and displacement of existing residents. Therefore, responses to the RFP should address this concern. Offerin The CRA is offering for sale an approximate 4.32 acre +/- vacant area (See Attached Site Map), located along the west side of Seacrest Avenue. It is further expected that the development proposals will be consistent with the Heart of Boynton Community Redevelopment Plan, will include additional amenities, as well as enhance or improve existing community assets. Overriding goals include quality design through the use of urban design principles, the use of alternative energy sources, encouragement of various modes of transportation and the provision of affordable housing. Respondents are encouraged to exercise creativity in defining a concept that satisfies the vision of the redevelopment plan, applicable zoning or entitlements, and sound real estate development practices. Additionally, the proposal shall include the enhancement of public spaces as indicated in the Heart of Boynton Redevelopment Plan and the Heart of Boynton Master Plans and Schematic Design. Zon The current land use designation is High Density Residential and the zoning classification is Multi - Family (10.8 du /ac). Pursuant to the Heart of Boynton CRA Plan Update, Proposer may request that the property be rezoned to Mixed -Use at 40 du /ac and 45 feet in height. To the best of its ability, the CRA will be cooperative partners in pursuing any permits or approvals that may be required to expedite the selected development plan. Site I Requirements All development proposals must include the following: 1) Street lights installed along the entire perimeter of the project that are complimentary to those on the east side of Seacrest Blvd. 2) 6 foot wide sidewalks along the entire perimeter of the project. 3) Street trees that exceed the requirement of the City code requirements along the entire perimeter of the project. Architectural and sig Considerations The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. The Heart of Boynton Community Redevelopment Plan and the Heart of Boynton Master Plans & Schematic Design should be relied on for design guidance. Proposals that do not adhere to these plans will not be considered. Projects that include energy efficient elements are encouraged. Commitment to the Project The purpose of the CRA is to encourage private redevelopment and civic improvements in its designated area. The Community Redevelopment Plan enables the area to generate tax increment revenue that can be used for a variety of activities associated with the redevelopment of the Heart of Boynton community. Documents Available For Review To better understand the CRA's objectives, as well as the opportunities and constraints for redeveloping the site, the following documents are available in electronic format and may be retrieved from the CRA at: htt L .cats oon.co • Heart of Boynton Community Redevelopment Plan Update • Heart of Boynton Master Plans & Schematic Designs Submission Criteria Developer qualifications and proposals must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on Thursday, July 3, 2014. Faxed proposals will not be permitted. All proposals will be date and time stamped by the CRA. The failure to strictly meet this deadline or any application missing any element of the submission criteria will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. The original document should be submitted in a loose leaf binder with a title of content page along with eleven (11) copies and a thumb drive with all of the required documentation. All of the following documents must be submitted or the proposal will not be considered sufficient for consideration and will be rejected: 1. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background information on the principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected development entity is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 2. A certificate of good standing from the Secretary of State in which the corporation does business. 3. A list of team members and their professional qualifications along with a list of projects on which they have actively participated. 4. A written list of projects developed by the entity including photographs, addresses, date the project was completed and general project description. 5. A detailed description of the proposed project, with text and graphics. This should include a schematic site layout plan, proposed density, parking locations, typical floor plans and elevations. 6. List of the number of units and types, including number of bedrooms. Describe if the property will be rental or for sale units. Please estimate the number of units and type of units that will meet HUD's definition of "affordable ", if any. 7. Both a development and operating pro forma. The development pro forma shall reflect the the proposed price for the CRA land. S. If the project is proposed to use Low - income Tax Credits or other project based subsidies, Proposer must demonstrate extensive experience with obtaining such project -based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 10. A program of how local residents will be used in the development and management of the project. A signed written statement committing to using local residents in the development of the project, along 11. A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within one hundred eight (180) days of selection if selected as the qualified proposer. Any Purchase and Development Agreement ( "Agreement ") will contain performance criteria, such as time limitations for having debt funding in place, when construction shall commence, limitations on transferability or assignability of the Agreement without prior approval from the CRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. 12. A preliminary commitment letter from a credible lending institution to fund the purchase of the property. 13. Proof of financial capability to complete a project of this scope. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential'. Financial information will be accepted only from the proposing entity. 14. A letter attesting that the respondent has read and understands all procedures of this RFP. 15. A promotional PowerPoint presentation, consisting of 10 to 15 slides. Process A five - member committee composed of CRA staff, City staff, as well as selected members of the Heart of Boynton Community will conduct an evaluation and ranking of the submittals based upon the following criteria: 1. Experience with development in local markets similar to the project area. 10 Points 2. Ability to proceed immediately from a financial and organizational perspective. 20 Points 3. Adherence to the Heart of Boynton Plan 20 Points 4. Projects ability to meet goals of RFP in design, amenities and public benefits 20 Points 5. Ability to bring other subsidies to the project other than CRA 10 Points 6. Experience in management of multifamily developments 10 Points 7. Commitment to use local residents in the project 10 Points TOTAL POSSIBLE POINTS The three highest ranking proposers will present their PowerPoint slide presentation before the Board of the CRA at their regularly scheduled meeting on August 12, 2014. At the conclusion of the public presentations, a developer may be selected by the CRA Board. The CRA and the successful proposer will then negotiate a Purchase and Development Agreement for the land. Should a Purchase and Development Agreement satisfactory to both parties not be able to be agreed upon within one hundred eighty (180) days of the selection of the successful proposer, either party shall have the right to terminate the negotiations. Upon termination, the CRA shall have the right to resubmit the project for requests for proposals with no further obligation to the proposer chosen at the August Board meeting. It is expected that there will be no communication with parties otherthan those specifically noted herein and such communication will be exclusively for clarification regarding procedures and objectives. The CRA prohibits communication to or with any department, bureau or employee during the submission process. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development solicitation. All questions or inquiries should be directed to brooksvi @bbfl.us. It will be necessary for responding parties to comply fully with the general terms and conditions outlined in this document if they are to be considered. Anticipated Schedule and Sequence of Events The CRA has established a schedule for submitting qualifications and proposals and for completing selection of the preferred Development Team. Respondents shall assume full responsibility for the timely delivery of the qualifications. Qualifications received after the deadline stated will not be considered. The CRA however, reserves the right to amend milestone dates. Schedule of Events Pre - proposal meeting: Wednesday, May 28, 2014 at 10 a.m. - CRA offices Proposals Due: Thursday, July 3, 2014 at 3:00 p.m. Announced short list of qualified Developers: July 29, 2014 Presentation to CRA Board by short listed teams: Tuesday, August 12, 2014 at 6:30 p.m. Contacts All correspondence and requests for information regarding the Heart of Boynton community, in general, and this project in particular, should be directed to: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 737 -3256 Fax: (561) 737 -3258 brooksvi @bbfl.us Nan - Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP /RFQ on the part of any all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The contract documents shall include, but not be limited to, terms and conditions of this RFP /RFQ the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records The CRA is public agency subject to Chapter 119, Florida Statutes. The successful respondent shall comply with Florida's Public Records Law. Specifically, the successful respondent shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the r e s p o n d e n t upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the CRA. The failure of respondent to comply with the provisions set forth in this RFP /RFQ shall constitute a Default and Breach of the Agreement. If the successful respondent fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. 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 businesses 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." Drug Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor ", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. L\Client Documents\Boynton Beach CRA\2419- 011\Misc\Ocean Breeze RFP 3 -9 -07 LLW.doc CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding tot is RFP maintains a drug -free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel 1: PCN - 08- 43- 45 -21 -10 -001 -0010 Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESs all that portion of Lots 1 and 2 lying West of the East right -of -way line for "Seacrest Boulevard" as shown on Road Plat Book 5, at Page 182 and less a 20 foot return curve area for road right -of- way. PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. Parcel 2: PCN — 08- 43- 45- 21 -00- 000 -0021 The South Half of the East Half of Lot of Subdivision of the West Half of the Southeast Quarter of Section 21, Township 45 South, Range 43 East, Less the South 125 feet thereof; Less parcels conveyed to the City of Boynton Bach by Official Records Book 852, Page 542 and LESS the right -of -way for "Seacrest Boulevard" as shown on Road Plat Book 5, Page 182, according to the Plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. i i I 4i�ck; i ' I � n fQ } LU ai CD �� {t }t i��S �.,� owl r 5 s C � f f (s SS \ i v fl 1 5 + y r 4 � t 4 It "��4 _•' i" h �u�f �t v BOYNTON t B E Ar,.... H f R A CRA BOA" MEETING OF May 1, 2014 Consent Agen a f : _ Old Business X New Business I I Legal Inf ormation Only SUBJECT: Consideration of Transfer of 2 lots in the MLK Corridor from Habitat for Humanity Back to the CRA SUMMARY In November of 2010, the CRA transferred four lots (one lot being unbuildable) to Habitat in within the center of the MLK corridor (see map) to build three single - family homes. At that time, the maximum density allowable under the existing HOB Plan for this area was 10.8 units per acre. Therefore the likelihood of multifamily redevelopment was negligible. Habitat never built on the lots because they were busy with the Ocean Breeze West project. With the approval of the Heart of Boynton Community Redevelopment Plan Update, which will allow greater density in the area west of Seacrest the possibility of multifamily redevelopment is now feasible. The CRA is desirous of assembling land in this area and if the Board approves this transfer will land bank these lots for future development. FISCAL IMPACT: Minimum cost to record the deeds. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS /OPTIONS: Approve the transfer of the lots from Habitat for Humanity of South Palm Beach to the Boynton Beach CRA. Vivian L. Brooks Executive Director TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslMay 20141Habitat for Humanity tranfer of two lots.doc u 1 n , n i 7ayu k '� it ssKUmas�w�li �.yrr c 'i I f i y � W 3f tt S LL 1 � 3r i r I r _ + s« a i1v) 1 I a k rt II 4 u ' 1k v 1 Closing Affidavit P (e er) Before me, the undersigned authority, personally appeared Michael Campbell on behalf of Habitat for Humanity of South Palm Beach County, Inc. ( "Affiant "), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. Habitat for Humanity of South Palm Beach County, Inc. ( "Seller "), is the owner of and is selling the following described property to Boynton Beach Community Redevelopment Agency ( "Buyer "), to wit: See Exhibit " A " 2. The above described property is free and clear of all lions, taxes, encumbrances and claims of every kind, nature and description of record whatsoever except for real estate and personal property taxes for the year 2014, which are not yet due and payable. 1 There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property. 5. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the proration used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. b. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 7. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 8. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 9. Afftant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days. 10. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 11. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property. 12. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following: a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Seller's U.S. Taxpayer Identification Number is c. Seller's address is 181 SE 5 Avenue, Delray Beach, Florida 33483. d. No other persons or entities have an ownership interest in the above described property. G0324156 Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 13. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, specifically, for Seller attesting that there are no liens or matters that could become liens on the property. Seller understands that title insurance is not being issued in this transaction and that Buyer is instead relying on the representations herein. Seller fully indemnifies Buyer as to the matters set forth above, including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses. "Affiant ", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states that helshe is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies that he /she has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury I declare that I have read the foregoing Affidavit and that the facts stated in it are true. Witness Maine: HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. ......... By: Michael Campbell 'fitness Marne: _ Its: State of Florida County of Broward The foregoing instrument was acknowledged before me this day of , 2014, by Michael Campbell on behalf of Habitat for Humanity of South Palm Beach County, Inc., who [_] is personally known or [X] has produced a drivers license as identification. [Notary Seal] oT ........ — ..... Notir� 1'a�b8a Printed Name: My Commission Expires: 00324150 1 E III IT A LEG A-1, DESCRIPTIONS Parcel l: PNC #08- 43- 45- 21 -04- 000 -0130 Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. Parcel 2, PNC #08- 43- 45 -21 -18 -000 -1640 Lot 164 of ARDEN PARK, according to the plat thereof, as recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Prepared by and to be Returned to: Kenneth W. Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Telephone: (561) 640 -0820 QUITCLAIM DEED THIS QUITCLAIM DEED made the day of 2014, by Habitat for Humanity of South Patin Beach County, Inc., a Florida non -profit corporation (hereinafter called the "Grantor "), whose address is 181 SE 5 th Avenue, Delray Beach, Florida 33483, to Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant Section 163.356, Florida Statutes (hereinafter called the "Grantee "), whose address is 710 North Federal Highway, Boynton Beach, Florida 33435: WTTNESSETH, that said Grantor, for and in consideration of the sum of TEN and NOI100 ($10.00) DOLLARS, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece of parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to wit: See Exhibit "A" TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in HABITAT FOR HUMANITY OF SOUTH the presence of PALM BEACH COUNTY, INC. wai s By Printed Name of Witness Its: ........................... ..................... _...... Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2014, by of Habitat for Humanity of South Palm Beach County, Inc., who is [ ] personally known to me or [ ] has produced as identification. NUrAR'Y PUBLIC 00324004 -1 EXHIBIT A LEGAL DESCRIPTIONS Parcel 1: FNU #U8- 43- 45 -21 -04 -000 -0130 Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. Parcel 2: PNC 408- 43- 45 -2I -18 -000 -1640 Lot 164 of ARDEN PARK, according to the plat thereof, as recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. a BOYNTONi",,' .° CRA BOARD MEETING OF: May 13, 2014 _.a_____ -------------- . onsent Agenda Old Business C � � e Business � Legal E Direct Report SUBJECT Consideration of Systems Audit and Direct Incentive Funding Agreement ( "DIFA ") Payment Release to Hart Seabourn Cove, LLC for the Property known as Seabourn Cove — Phase I SUMMARY: The CRA entered into a Direct Incentive Funding Agreement ( "Agreement ") with Gultstream Gardens, LLC on August 14, 2012 for the property known as Seabourn Cove — Phase I (Attachment 1). The property was purchased by Hart Seabourn Cove, LLC and the Assignment and Assumption of Direct Incentive Funding Agreement dated December 18, 2012 is attached (Attachment 2). The term of the Agreement is for ten years with a distribution to the developer of 50% of the increment revenues received once the completed improvements of the project have been placed on the tax roll. An annual Systems Audit is required based on Gold Rating National Green Building standards. The audit report is first transmitted to the City's Development Services Department for compliance review, then to the CRA for review and acceptance. Commencement and conditions of funding (section 6.2 of the Agreement) state that the incentive funding shall begin wren: • the project is substantially complete (90% of the units are completed as evidenced by a certificate of occupancy) • the project has been placed on the tax roll • the CRA has received tax increment revenues from the completed project. Payment to the developer will be made once the following conditions are met (section 5.3.4 of the Agreement): (1) the CRA's acceptance of a properly documented and supported audit report by the CRA Board, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the developer of ad valorem taxes for the preceding year On April 1, 2014, the CRA received the required Systems Audit and City compliance verification (Attachment 3) as required in Section 5.3 of the Agreement, as well as verification of tax payment. The Systems Audit is in compliance with the Agreement. B %JC`,),1YN - ro BE d'I ' The Increment Revenue Calculation Worksheet (Attachment 4) shows an estimated payment to the developer of $344,853 (first of ten consecutive payments). The payment amount will be adjusted once the tax rolls for 2013 are certified by the Property Appraiser and the CRA is given notice of the new assessments within the CRA. District. The certification is typically completed in May to July of the subsequent tax year (for example, May to July 2014 for the 2013 tax year). Staff recommends the CRA Board accept the Systems Audit report and approve the payment, preliminarily estimated at $344,853, once the 2013 tax rolls are certified by the Palm Beach County Property Appraiser. The payment to the developer will be adjusted up or down depending on the final certified taxable value of the property in 2013. FISCAL IMPACT: Preliminary estimate of $344,853.00 — Project Fund, Line Item: 02 -58400 -443 CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Accept the Systems Audit and approve the DIFA payment to Hart Seabourn Cove, LLC once the Property Appraiser certifies the 2013 tax rolls and the incentive award is recalculated based on the final certified tax value for Seabourn Cove -Phase I in 2013. Susan Harris Finance Director ATTACHMENT #1 DIRECT INCENTIVE FUNDING AGREEMENT SEABOURN COVE —Phase I Gulfs tream Gardens/Seaboum Cove Phase I DIRECT INCENTivE FUNDING AGREEMEE & 7nis his ' an agreement (hereinafter "Agreement') entered into as of the 4 day of 2012, by and between: BOYWON BEACH CON REDEVELOPMENT AGENM a publi agency created pursuant to Chapter 163, Part III of the Florida Statutcs, (hereinafter referred to as "CRA), with a business address of 710 North Federal ffighway, Boynton Beach, Florida 33435. and GVLFSTREAM GARDENS LLC, a Florida limited liability company, with a busmess address of 601 Bayshore Boulevard, s u it e 650 T ampa, Florida 33606 (bercinafter collectiv re t as t h e "Developer') and/or assigns, provided such am affiliates of the Developer. RECrrALS: W EW-REAS, as Part of its strategy to "encourage large-scale projects, which define new maxkets, quality, innovation and characW in the CRA am" the CRA has adopted a Direct Incenti p rogram dated March 22, 2004 (hereinafter the "Direct incentive prog an d WITMAS, flus Agreement pertains to Direct Incentive funding for that certm project currently referred to as S cabOum Cove Phase I, City File No. NWSP 12 -001, located on property &rthe described on Exhibit "A"Within the CRA boundaries; and WHEREAS, at the March 13, 2012 meeting of the CRA B th CRA B o f Directors (hereinafter "CRA Board") by approp action made the Project eligible for 50% of the max incentive permissible under the Direct In program, su'hiect to approval of a mutually acceptable Direct Incentive Funding Agreement (i.e., this Agreement); a VVHEREAS, this Direct Incentive Funding Agreement is not inte t b a "D eve l opment Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Direct incentive Funding Agreement. NOW, THEREFORE, i n cons o t n1uUnd 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 partim as foll &g o — n ' - & I—Citals , The foregoing recitals are true and correct at the tim o f th execution of this Direct Incentive Fundi A greement an d are i ncorporated helcin. 8999on 2. Definitions. As used in this Direct Incentive Funding Agreement, the following terms shall have th f mean in. "Affidiate" means a company or corporation that the Developer maintains any owners i nterest Page I of 15 "Agreement" means this Diiwt Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements and as reflected in Exhibit "B" attached hereto. "Certification" means the credential or process for the National Association of Honie Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single-family homes, new or remodeled multifamily buildings, and residential land developments that med the criteria of the ICC 700-2008 National Green Building Standaa "City" means the City of Boynton Beach, Flotida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the com encement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream. Gardens, LLC and any assignee or transferee of Gulfstrearn Gardens, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer, "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVS E (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Gold Rating National Green Building Standard" The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700- 2008 National Green Building Standard, 1he Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 559 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Revenues. An example of how the Pledged Project Increment Revenues are calculated is shown in Exhibit "B". "Project" means that certain land development project urrently referred to as Seabourn Cove, Phase 1, City File No. NWSP 12-001, located on property huther described on Exhibit "A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is andbutable to the Project. , 'Property" means the real property described on Exhibit "A". Page 2 of 15 "Redev g'Wmeut Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapt 163, Paft M ` %edevelopment Trust Fund" means the trust fund established pursuant to Section 163,187, Florida Statutes for the deposit of inerrmental revenues attributable to the Redevelopment Area. 'Site Plan" means the site plan for the Project, a copy of which is attached hereto as Exhibit "E approved by Resolution R09-176 on January 4, 2009. "Systems Audir means a review of the National Green Building Standard checklist firom original inspections and certification of the, units to confirm ongoing compliance, blower door testing to confurn readings are in compliance with original testing and duct blaster testing to confirm li readings m in compance, with original testing. ® Completion" or" l lete" means the completion Of 90% of the Project's units, as evidenced by issuance of a Certif Ica tc Of OccuPancy for such units. "Tax Collector' means the duly elected tax collector for Palm Beach County, Florida, 'Tax Roll" means the real Property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit" means a single residential dwelling within the project "Unit Type" means a Type I (A), II A C, D) or M (B, C, D) designation based an the unit floor plan approved in the Site Plan. ® 3• E r:v Date. This Agreement shall bee ectiv the to that the last art to sign executes this Agreement ( p y hereinafter "Effective Date"). SRSAorr 4. A. — I Developer agrees to construct the is for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan rnay be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy cfficiency of the - units, eliminate the EV Charging Station or tom e any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Sub stantiall ' s u sed i this S tion means y ch ge rom the City of Boynton Beach. that would require a major Site Plan Modification f Y a u n ec an an 4.2 Lo — nvicted Vendor List. Asp vi F.S. 287.132-133, by entering into this Agreement or performing any work in fintberance hereof, Developer certifies that it, a-ad its affiliates, con tractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department Of Management Senices within thirty-six (36) months immediately preceding the, Effective Date. gi — ec_tion 5. C The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. Asa condition pr to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the Page 3 of 15 units have received a Gold Rating under the National Green BiAlding Standard. The Developer shall also p third party verification that the is comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duratioa of Direct Incentive Funding Agreement, implementation of the Certification requirements shall be as fbllows 5.1 Certification and Occup&nt Education. L.1.1 Gold &t:iM,.Standard. Developer has prepared a si 's ReporV' attached hereto as Lihibit "C" outlining the necessary components for compliance with the ICC-700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. L.1.2 IMitial _Cerfflenflom The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the of Rating. The checklists and reports shall be submitted to the City's Development Services Department within f!ifteen (15) days of completion. g.1.3 Occupant nuals and T The Developer shall produce and distribute a building occupant's manual idea ffying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants wfll be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a Est of green building attributes included in the building, the green building program certifi cate (copy of the National Green Building Standard or sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NOBS. Training will also be provided regarding all equipment operation and contxol systems at the cost of the Developer. LIA lnstall&t`io_nand Maintenance of The Developer shall install at the Project two Electric Vehicle Charging Stations, Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall 'be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5.2 N_un-DiscrlmiBafion. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, farridlial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and theitafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is indepettdont of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen (15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and Page 4 of 15 Pursue any and all other lawful remedim Ile cost of such arbitnttion shall be bome by the non-prevailing party. Such non-Prevailing party shall bed by the arbit 5-3 Svats MS Prior to receiving any annu a ll o t men t o f i ncentive grant funds, Dtwelopc7sball Provide written e6dence, at its sole cost and expense, satisfWt t th CRA i its sole discretion, of continued compliance in all mate al re is by the Developer with a a upo Gold Rating National Green Building andards set r ' sPec 11 greed n st forth in this Agreement. On an annual basis, the Developer will pmform a systems audit on thirty-two (32) Units each year for the next ten (10) ye as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Chwging stations are in working order. This auditing process is based on the schedule attached and contained within Lxhibit "D". L3.1 This systems audit s be conducted by an independent auditor , selected and paid for by the Developer with the approval of the CRA Ile examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of thi A greement. &�j The auditing Reports will be transmitted to the City's Development Services Department on an annual basis f o r d uration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual Performance audit rulat b submitted to the CRA no later than the last day of April for the preceding year. Ile CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, all so notify the Developer in writing, within twenty (20) days of receipt of it Report, Ju the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3 . 4 Disbursement of Direct Incentive Program Funds shall occur upon (1) the CRA's acceptance of a properly documented and supported it Report by the CRA Board, (2) final certification oft assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents ciidencing payment by the developer of ad valorem taxes for the preceding year. f.4 —so ®__. Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there all be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of docurnents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5 . 5 - Non-Compliance. In any year in which the systems audit discloses that Developer is in non-compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default, and the CRA will be entitled to the remedies set forth in Section 8 below. A the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 1-5-1 If after the annual audit determines that any of the is have Men below the Gold Rating, and Developer has had the, opportunity to cure d r Section 8 below, C jcct Increment Revenue payment. shall withhold the winual Pledged Pro um c cti the RA Page 5 of 15 Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year s W no t entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in Rmds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive FandiM Ile direct incentive funding provided for under this. Agreement is Wanted to the D6,-mloper for the purpose of offsetting, in part, the Developer's cost of maintaining the energy efficiency improvements and/or programs within the Project. 6.1 Direct Incendve LFunding Fonnula and ]LermL The CRA hereby agrees to direct ftmd, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant tote terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6.2 Commencement and Conditions of fundln& The ten (1 0) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues ft= such improvements; 11, Systems Audit Report is received and found acceptable by the City and CRA; and annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 63 Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Developer upon (1) the CRA's acceptance of a properly documented and supported audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach Coinity Property Appraisff for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding yeaT. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default oft 's Agreement. 6.4 No Pledge of Pledged.n Increment Revenues. The CRA warrants and represents that the Pl g j t Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated ors u d by the CRA for the period covered by tenn of this Agreement. L.5 Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 0"4, adopted December 6, 2004, as amended and supplemented. Page 6 of 15 and pri Alggo—n7 Re—sldc-tive Covenant U p o n ComPletiOn Of the improvements of the Project or to the issuance of fi na l certificates of occupancy by the City, the Develope s h a ll creat a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include, at least, the following terms: 7.1 7ertification Restrictive and Occ nant M anua l , following: covenants governing Crfi&atio s n hall include the The restrictive e 2 t I-I All is shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Station shall also be placed on site as reflected on Exhibit 7. A manual identifying the green a ums of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented and the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1 no Restrictiv Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement, incl uding but not limited to Section 4 and Section 8. 71 istems ®' Restrictive ov a s. The restrictive covenants gov the Systems Auditing 11 contain the following: g 2.2.1 On an annual basis, the Developer will perform a systems audit on thirty- two (3 2) Units each year for the next ten (1 0) years as evidence that the Units t e to e d ,n Building Standard d ensure that the EV Charging s ion w ng Rating of the National Grea con inu meet th Go] an tat g are in rki o order. This auditing process is based on the schedule attached and contained within Exhibit "D". 7.2.2 The Developer shall have the right to access the audited its t complete the Systems Audits described herein for the duration of this Agreement. 7.2.3 The Developer shall provide the Systems Audit Report to th Ci ty's Development Senices Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than A p r i l 30th of each year thereafter f o r d uration of this Agreement indicating the un it s , compliance with the Gold Rating of the National Green Building Standard. See Refault. Upon the occurrenec of any one or more of the following even I unds under this Agreement shall terminate at the option of the obligations of the CRA to disburse further f , a] CRA. Notwithstanding the preceding sentence, CRA may at its Option continue to make payments o portions of payments after the occurrenoe of one or more of such events thout waiving th the right to exercise such remedies and without incuning liability for R Wi uther payment. The CRA may at its option terminate this Agreement and any and all funding under Us Agreement upon occurrence of any one or more of the following; Page 7 of 15 8.m Any representation by the Developer or its agents or representatives in or in connection with this Agrement or the Direct Incentive Program Application is inaccurate or incomplete or false in any mateTial respect. 8.1.2 The vacating, abandoning, or c l os ing of the Developer's business except fora permitted a or transfer of such corporate entity. 1 .3 The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonablyreiluired for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30 -day period and thereafter diligently pursues such cure to completion. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; &1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the sme is disinissed within sixty (60) days; &1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or 8.1.7 'Me attachment, execution or other judicial seizure of substantially all of Developer's assets where s uch seizure is not discharged within thirty (30) days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. L.1 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no finther force and effect. 8 8 2 Renieffies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8 - 1, CRA shall at its option, give notice in writing to the Developer to curr, its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1 Terminate this Agreement upon not less than fifteen (15) clays notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 81.2 Commence a legal action for the judicial enforcement of this Agreement. 8.23 Withhold the disbursement of any payment or any portion of a payment. 8.2.4 Take any other remedial actions that may otherwise be available under law. Page 8 of 15 8.3 A _ In anudal ct arising ftom this Agreement Ag Fees an LC y jici a ion osu, the prevailing party shall be entitled to an award o f it reasona aftrney f s trial and appellate levels, ftin the non-prevailing party. ee and costs, at both th 8.4 Law and RLmedl. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from thi A greemen t shall be in Palm Beach Count Florida. No remedy herein cOnfcnvd IrPon any party is intended to be exclusive of any ® remedy, and each and every such remedy shall be cumulative and shall be in addition to every o th er remedy given h or now or hereafter existing at law or in equity or by statute or otherwise. No single or pa exercise by any party of my right, power, or remedy hereunder, shall preclude any other or fin exercise thereof 8.5 Mct Performance. No failure by either party to insist upon strict performance of any covenant, agreement, tam or condition of this Agreement or to ex i any r i g h t 0 y f ault and no payment or acceptance of fall. or available to such party by reason of e o thther party's Def em se r remed partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of De&Wt, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, ter or condition or of any other covenant, agreement, term, of condition. No waiver of any Default shall, affect or alter this Agreement, but each and every covenant, agreement, to and condition of this Agreement shall continue in full for and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any light against the other party provided for under this Agreement or at l or i equity. one party's compliance with any request or demand made by the other party shall not bed a waiver of such of party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their resp=dve successors and assigns. The Agreement shall not be construed more stri against one party than against the other merely by virtue of the f that it may have been Prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. L6 Lem lies Under B - MAaRk!3Mk1 gnd Insolvengy Codes. If an order for relief is entered or if any stay of proceeding or other act becomes eff W against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy mde or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or futur applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy o inwivency code, statute or law or this Agreement. �L.7. lermination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods, or (ii) failure by the Developer to complete the Project by June 1, 2013, unless extended as provided therein. SeLtfon 9. Lelleral Conditioias- 2 CRA's_ Maint enaaggLe o f Records and Annual Account Funding Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement, Such records shall clearly document for the benefit of th Page 9 of 15 CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9® S esso s i s. The CRA and Developer each binds itself and its partners, s rs, executors, administrators and assigns to the other party and to &e partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project this Agreement my not be assigned by the Developer without the prior written consent of the CRA, After Substantial Completion this Agreement may bet fe by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the, Developer under this Agreement. Nothing herein shall be construed as creating any personal liability ou the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to tenninate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, or to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withhold. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA, 9.3 No Brokers. CRA and Developer each rep=ents to the other that it has not dealt with any broker, finder, or like entit in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the inde mnifyin g party in connection with this Agreement or the transactions contemplated hereby. 9.4 Indemnification aNd Hold Harmless. The Developera s to protect, defend, reimburse, indemnify and hold the CRA, its agcnts, employees and elected officers and each of them, free and harmless at at times ftom and against my and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 9.5 No ices and other Communications- Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to gi or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.5 as a'Notice") shall be in writing (whether or not so indicated elsewhere in this Agrccrnent) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt -requested, (ii) pmonal delivery with a signed receipt or (iii) a recognized national courier service, addrcssed as follows: If to Developer: Gulfistream Gardens, LLC 601 yshore Boulevard, Suite 650 Tampa, Florida 33606 Page 1 0 of 15 If to CRA: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: James Cherof Goren, Cherot Doody & Ezrol 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Tel: 9544714500 Fax: 954-771-4923 1-5-1• Any Notice may be given in a manner provided i this Agreement on either patty's behalf by its attorneys designated by such party by Notice hereunder. 1-5-2. Every Notice shall be effective on th datea ally received, as indicat on the receipt therefore, or on the date delivery thereof i refiised by the intended recipient. 2.6 Time Is of the Essence, The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. ®t Entire A reement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no Promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreerrient may be added to, modified, superseded, or otherwise alt ercd, ex mpt by written instrument executed by the parties hereto. M Ex—hibfts- Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated asp of this Agreement and are incorporated herein by reference. L 9 - kOMNMbL If any provision of this Agreement or application thereof to an Person Or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions top ons or situations other than those as to which it shall h ave been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enfbrced to the fullest extent permitted by law. .1 to t In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the te s and conditions of t Agreement shall prevail. rM his •I-1- MMdi-ng_s. Headings herein are for convenience, of reference only and shall not be considered in any interpretadon of this Agreement. .L1-2 LaglLaimce. All parties hereto understand and agree that the CRA does not intend top cha operty insurance in connection with this Project. Ll 3 i t o. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and Page I I of 15 obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. se - etion to, l0a This Agreement may be recorded in the Public Records of Pabn Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. IOA CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable farm as may ben s or convenient to evidence this promise and provision. Total or Pa 'at Destruction. 11.1 If the Project shall be damaged by fire, me elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and/or restoration until completion. it is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that DewelopeT must apply for and then receive insurancep s in order to commence restoration and repair. So long as the Der °eloper timely applies for and is diligently pursuing the receipt of such insurance procwds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event- In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same, During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. Page 12 of 15 ® TMs Section I I shall be paramount to all Other Provisions of this Agreement , including but not limited to Section 4 and Section 8. ISIGNXfMES ON FOLLOWING PAGES] Page 13 of 15 M WITNESS OF THE FOREGOING, the parties have set their hands and wals the day and year first above written. WITNESSES GULFSTREAM GARDENS, LLC a Florida limited company : t e: 'da — ty company ,on By --I— Prin Nam It 4 S� c :.:2r Print Name-: 0 T e. itle: P&rin tNZ ;21 � — *A�!v- 4A&eA4 _Ma6l STATE OF FLORIDA SS: COUNTY OF V�rC-t" BEFORE ME, an cer duly a administer oaths and tak acknowledgments, =orized by law to e personally appeared I I K as of G TREAM GARDENS, LLC, and acknowledged under oath that he/she has exeMed the foregoing Agreement as the proper official of GULFSTREAM GARDENS, LLC, for the, use aud purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS, LLC. He/she isaE212EDy lRown to mg-aLhas g eed as identification. IN WITNESS OF THE FORFGOING, I have set my hand and official seal at in the State and County aforesaid on this _12"aay of 5C&, 2012. NNE COLLIN My Commission Expires: Notuy Public, State of Florida at NMARY PUBLIC STATE OF FLORIDA Comm# EE17 Expires?M2016 IREMAINDER OF PAGE INTENTIONALLY LEFT BL-ANKI [CITY SIGNATURE ON FOLLOWING PAGE] Page 1 4 of 15 VVITNESSES BOYNTON BEACT COMM17Nrry R E D E Vv ZEILLP PrMM El� !NNT A GEM C Y By, Wo odrow Hay, CIZA Chairman Print Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an offim duty auth by law to , 's �effroathsanid takeaJMowledgments, o y Of C C persnall appeared Re-A. L as BOYWON BEAH O REDEVEWLOP A ENCY, and acknowledg un rant ED Wix q � under oath that the bag Cxecut0d. the foregoing Agreement as the pfoper official of BoyNTON BEACF1 CO MMUNITY RED AGENCT� for the use and purposes mentioned berein. and that the instrument is the of B ON BLACH C OMMUNrly REDEVELOPMENT AGENCY else i personally known to me or produced identification. R AGENC Mo 4f t( B 77nally ) me or IN SS OF TK FORE ING, I have set my hand and official seat at in the State and M County aforesaid on this W day of 2012 AIUMC, Sttatc f 12 scion .1 Laarge My Commission Expfi�es: 0 A THOM P§Mbft com. Map M@ Page 15 of 15 Exhibit "Aff Phase I L OF GARDENS, ACCORDING TO THE P' ERA PLAT' BOOK W PAGES 175 AND 176, OF THE PI FLORIDA. SAID LANDS LYING IN THE CITY OF BOYNTON SEACM, PALM BEACIi COUNTY, CONTAINING 73,459, 1 , MORE OR LESS. Exhibit "B" Phase I ESTIMATED PLEDGED PROJECT INCREMENT REVE, NUE CALCULAIIONWORKSHEET Value of the j prior to RcdSvelwmew (BASE YFAR) 2011 PCN 08-43-46-04-37-001-0010 4509 000 PCN 08-43-4 -04-37-001-0020 1,515,000 PCN 08-43 -04-37-001-0030 $ 135,000 PCN 09-43-46-04-37-001-0040 1 91I'649 TOTAL $ 3120000 Value of the Proj I after 180,000 ($85 000 based on Las ate Pro'ect Lacrement 232060000 TV Revenue = ( 95% of Pro'ect Increment X (City Mills ge + County Millage) Ci milla e Rate* 0.0071941 City TIF Contribution = 9 157,601 County Mifla to 0, 7815 County Contribution 104,748 ttn *Millage Rates are set annually by th e i y and coturvy a res ctivebudscill rocesses, A=ual TT Revenue created by Project $ 262,349 Incentive Award Award Factor X 'IV Revenue created by Project Award Facto 50% Total EstmiatedPI-A— 10 -oject Increment Revenue to Developer (Annually) S 131,175 TOt aj R nay -AA f-D A $ Yews of Pie ed Revenue $ 10] Estimated Totai 11mop-A roject Increment Revenue Over Tenn $ 1311.74 NOTES: The developer i ncen ti ve av, and calculations are based on City and County m ill age rates that are adjust annuall and finalized by September 30 of each year. i v - ' w r 9 Too to ow mwft m j%wfp=sw in vft a lost t MOM PALftb t gel r ..® r NYr1} - P, e•,d(n ,( v-,d .t. {,��'i; `a-.=..., "is'SS,ity r' L� M U- 1 q `� ,,r Ali � —�--�� . })i. ��?� s �� r ........... 6 a 4mmwmftK4nftL"4 law 'f� r Fmadm sofframm - X MUM .v. _ - __ ---------- m m. r p ar Ra' IF4C ' t. w!° A MA WAVA Pb zoom MOOR Avow M e a a gums - al. x aw mom dre om L r i AA4 ka w4*4 rft Nth 6 wm AM lawaft Olkmbdm umdoq id9 _ o �. -- V AN ftm a 4v ,xrri t��ia 44 Y, Fiala FOR 4 1Ff4t1t n .z' 4 .� I . hm SAW �#fl5" 9e t a t - XRMWL gnu Kam" ammm C N N, Thm MP WTAU PMPWAW N cmkmwAwftml ORMd Wft mmm" view 1 D 9L " WA no mom rc� i . R 9 19 wx Kd%T MA 1 ACM Fall, 1 6 y° 9 =aft W&MuNWepft WNW PIZ am mmbowcomman mob rr $ 1 BMW owl 1 ifQ VEFAMATRM MrW- ISPORIORWOL cm a 3= low 1= m& P k i f -. *w r- - z 28 — Tj S w� ) 1�� hjj�t�\#" zlli '.t�YfiSmS�.�Ss?"rit}?s4s�71t b _ '"m.,.r'�,,•. h s"� ,... S*Wbk%WA" bus h Y d ' 1 sm 1 Elm a m. cur b r1 g W*P e I ,. I WWI mambo BMW taw a u W 1 1 u �a DOWWROWL LEI 'a a%tA= CM vswLmmwwLmvC=311 ftsaft maim `:» IFS. ,. .r- CQ raw OPAWNAW awaftocalffman va WOW M Fan kN MAN" p 9 at �a -v�ex� —nom:. me:c '✓: "'r d P' sp- �, ^ 7. F-I •�, :gym ->,'." s. °°.. »�.._.,� AM smog F e ) et a'l wmm ftol 4 �SsnS)44141'+ a xr �. Ih ... f' d:� I � d - ,� 3i �wc I amdwav~ adhow SWAM LW Ngbwmsma C m m , 4 !+ #!g r ar Y* ! tmF� 4�j taw 7� i�i9 `�}�, nql ! t ntt��ttF tYfrr ? fi g' Y tY {4 �} „ >< t!i �n»z.}y §�+ln ➢!r "' \ �u t. . 1H M , +r {fit Y SitY a t7� fr ) t ,`" tlI t ti t�l�I t�`S)f } f tt trig tmmm _ '� �`'.. 1i rre � �� ! lY � `fq`•c SV s9 }', t „.,, � I l � ° r WAW&*ZM one" PAM t c —From- ME eve ExH lorr 21 M EBRURNARMUNL AMA&M 2 . I NS es NOW c . k x 4 . 2 k ■ . . x . a sc 2 k . a « ■ 2 7 k 2 . Dwo # . . ; k c . X � . . k ■ t x X J # 4 2 k X ■ # 2 : k 2 ' 2 a X x x k . c 2 t X ! . . . ! 2FAM ! 2 EXHIIVTDI « ■ 2 I . 7 . x . .. $« , «. ..% £ < 1: C ® # ® 2 go ■ x # ! .I . . x . 4 x « a ! ■ - 2 k 2 x 2 X m a , m # ` a t 2 2 . k . .. 2 B # ® ■ c X 7 7 2 a . 2 2 ■ 2 _ J rp Jil 4449 ri al I NA LU LL! 9 � V& o f Ln 1 a ew ' � WIT zi @A 111111111 @mows Il _ c m El gag m ffi GULFST URDENS @Pt _ PUB M7 PIAN I� w a , ATTACHMENT #2 ASSIGNMENT OF DIRECT INCENTIVE FUNDING AGREEMENT SEABOURN COVE —Phase ASSIGNMENTAND ASSUMPTION OF DIRECT INCENTIVE FUNDING AGREEMENT This Assignment And Assumption Agreement is made effective as of the 18th day of December, 2012, between GULFSTREAM GARDENS, LLC, a Florida limited liability company ( "Ass' nor"') and HART SEABOURN COVE, LLC, a Delaware limited liability company ("Assignee"). 1, RECITALS. Gulfstrearn Gardens, LLC ("Assignor") heretofore entered into a Direct Incentive Funding Agreement (the "DIFX) with Boyton Beach Co unity Redevelopment Agency with respect to the property described on Exhibit "A" hereto and Exhibit "A" to the DIFA, Assignor has agreed to sell the property described on Exhibit "X' to HART SEABOURN COVE, LLC ("Assignee"), and is transferring its interest in the DIFA. Pursuant to Section 9.2 of the DIFA, Assignor and Assignee have entered into this Assignment and Assumption Agreement. 2. ASSIGNMENT. For and in consideration of the sum of Ten and Nofl 00 Dollars {$10.00), in hand paid, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor hereby sells, transfors, conveys, assigns and sets over Assignee all of its right title and interest in the DIFA. Assignor represents, warrants and covenants with Assignee that at the time of delivery of this Assigwnent And Assumption Agreement, the DIFA is free from all encumbrances made by Assignor, and that Assignor will warrant and defend the same against the claims and demands of all persons claiming by, through or under Assignor, but against none other. Except for this special warranty of title, the DIFA is assigned "as is" and Assignor makes no other warranty with respect thereto, Assignor agrees to indemnify, protect, defend and hold Assignee hannIess from and against all liabilities, obligations, actions, suits, proceedings or claims, and all costs and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred in connection with the DIFA occui or alleged to have occurred on or prior to the date hereof. 3. ACCEPTANCE AND ASSUMPTION. Assignee hereby accepts the foregoing assignment of the DIFA as of the date hereof and as of such date hereby assumes the performance of all the terms, covenants and conditions of the DIFA with respect to the period from and after the date hereof. Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against all liabilities, obligations, actions, suits, proceedings or claims, and all costs and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred in connection with the DIFA occuning or alleged to have occurred after the date hereof. EXECUTED effective as of the I S day of December, 2012. (signatures appear on following pages] ASSIGNOR: GULFSTREAM GARDENS, LLC, a Florida limited h6bility company B y® Charles B. Funk, 4MAg r ASSIGNEE: HART SE"OURN COVE, LLC, a Delaware limited liability company By: Heitman America Real Estate Holding, L.P., in its capacity as managing member By: Heitman America Real Estate Holding GP, LLC, its general partner By. Heitman America Real Estate RErr LLC, its managing member By: Heitman America Real Estate Trust, L.R, its managing member By: Heiftnan America Real Estate Trust, LLC, its general partner By Nome. Thomas P. Kel ly Title: Senior Vice President 348000-24 Assignment And Assumption of DIFA,(v.J).doc ASSIGNOR. GULFSTREAM GARDENS, LLC, a Florida limitrd liability company By Charles B. Funk, Manager ASSIGNEE: EART SFABOURN COVE, LLC, a Delaware limited liability company By: liciUnan America Real Estate Holding, L.P., in its capacity as managing member By. Heitman America Real Estate Holding OP, LLC, its general partner By: Heitman America Real Estate RErl7 LL C, its managing member By: Heitman America Real Estate T L. P,, its managing member By: Heitman Anwrica Real Estate Trust, LLC, its general partner By. Name. Thomas P. Kelly Title. Senior Vice Pros oOtt 3480DO-24 Assignment And Assumption of D1FA-(vJ).doc ExMbit"X; Legal Description All of the plat of GULFSTREAM GARDENS, according to the plat thereof as recorded in Plat Book 107, Pages 175 and 176, of the Public Records of Palm Beach County, Florida. ATTACHMENT #3 CITY COMPLIANCE VERIFICATION AND PERFORMANCE AUDIT SEABOLjRN COVE —Phase I The City of.Boynt-ort Beach DEVELOPMENT DEPARTMENT BUILDING DIVSQ 100 E. Boynton Beach Boulevard P.O. Sax 310 Boynton Beach, Florida 33425 -0310 y < <, TEL: 561-742-6350 FAX: 561- 7426357 www.boynton- beach.org April 1, 2014 Vivian Brooks Executive Director Boynton Beach CPA 710 North Federal Highway Boynton Beach, Florida 33435 Ref: Seabourne Cove (Phase I & II) Re: Systems Audit 2014 Dear Mrs. Brooks: I have received the audit report and letter of certification prepared by Drew Smith from Two Trails for the above referenced project. Based on the information contained within the report and the findings from Mr. Smith the project is in compliance with section 5.3 of the August 14 2012 Direct Incentive Funding (DIF) Agreement. If you have any questions or concerns please contact me in the Building Division at 561.742.6366. Thank you. Sincerely, An rew P. Mack, P.E., CBO, LEED AP Building Official / City Engineer RECEIVED MD R 0 3 2014 3C YNT Cc: Nancy Byrne, Director of Development S: \Development \BUILDING \Mack, Andrew \Correspondance \Seabourne Cove Systems Audit 040114.doc Viv From: Burcky, Craig <cburcky @riverstoneres.com> Sent: Tuesday, March 18, 2014 2:09 PM Brooks, Vivian C c: Mack, Andrew, PM - Seabourn Cove Subject: 2014 DIFA audit filing- Seabourn Cove Attachments: Date Stamped Energy Audit Cover Letter 2014.pdf, Seabourn Cove Energy Audit - Two Trails 2014.pdf, SEABOURN COVE AUDIT MATRIX PH I 2014.pdf, SEABOURN COVE AUDIT MATRIX PH II 2014.pdf Hi Vivian, Please find attached the following items re: the NGBS Certification audit at Seabourn Cove ; • Cover letter submitted to Andrew Mack 3/12/14 • Two Trails project summary cover letter • Unit audit matrix —Phase I • Unit audit matrix — Phase II If you would like me to provide a hard copy of any of the attached, just let me know and I will drop them off at your office. Please give me a call if you have any questions or need any further information. Best Regards, Craig IBurcky Regional Manager c ure rive�eres.corn 561.544.2110 x105 OFFICE 561.716.6782 CELL 561.544.2150 FAX RIVERS4ONE RESIDENTIAL GROUP 2424 North Federal Highway, Suite 205 Boca Raton, Florida 33431 U ifs y `t (, - �i � t,'• o r 3110114 Andrew Mack- Building Official 1 City Engineer City of Boynton Beach Public Works 100 Boynton Beach Blvd Boynton Beach, FL. 33435 IRE: Completed NGBS Certification Audit- Seaboum Cove Dear Andrew, Please find attached the completed NGBS Certification audit for Seaboum► Cove Phase I and II. The audit and certification was performed by Two Trails Green Consulting of Sarasota, FL. Should you need any additional information or have any questions, please do not hesitate to call. Respectfully, Cra Burdky Regional Manager c urc v to er s co 56 1.644.21IOxIO5 OFFICE 561.716.6782 CELL 561-544.2150 FAX RIVERSTONE RESIDENTIAL GROUP 2424 North Federal Highway, Suite 205 Boca Raton, Florida 33431 RIVERSTONERES.CON C rV C riverstoneres.com 1 To whom it may concern, Two 'Trails has conducted the yearly random audit for 2014 year. our findings show that all units on the targeted matrix list are currently in compliance of the NG13S Certification. Based on the information and testing, the Seabourn Cove units are realizing approximately a 30% energy use reduction and approximately a 50% water use reduction over a standard code built unit of its type. If you have any questions in regards to the attached results please feel free to contact our office. Thank you, Drew Smith President fl s .co rLi 941.776.86 94 1 MMLly.tw otrails.co m Phase I jj_EABOURN COVE UN r AUD ITS I Y EARS 2014 Week Tested ILERS I ndex Ma ie�ti 9l 8; #1 3513 -A 3523 S. Federal Hwy 3513 -0 0 3513-C D 3513 -D, 351 -E B 3513 -F W/E 2- 14=14 59 YES 3513 -G 8 3513-FI BC B ldg #2 3517- c 3517 S. Federal Fi► 3517 -0 3517 -C 3517- L 3 BC 3517 -F B x W/E 2 -14 -14 59 YES 3517-G 8 3517 -H BC B ldg #3 3509- c . 3 S. Federal Fly 3509-B D 3509-C D 3509 -D 3509 =E 8C 3509 -F 8 X W/E 2- 14- -14 59 YES 3509- B -H Bc Bldg #4 3505- c 3505 S. Federal H wy 3505_ 3505- D 3 3505 -F B WE 2 -1414 2 YES 3505- B 3505-H BC Bldg #5 3495-A G 3495 S. Federal Hwy 3495 -B 3495-C 0 Iof8 2/25/2014 PIBUILDI T LDDRESS IYPE 1 1 Test r ndox M 3495 -[D C 3495.... -E C 3495 -F B x W/E -14 -14 60 YES 3495 -G 3495 H C _a B ldg # 34 1-A C 34915. Federal Hwy 34 D _ 341-C 3491 -0 l3 3491 -E 0 3491 -F C 34-C BC 3491- / 2-14-14T 59 YES 3491 -I 3491 -J 34-K B 3491 -L BC Bl #7 3487 -,A C 3487 S. Federal Fl y 3487 7B D 3487 -C 3487 -0 C 3487-E BC 3487-F /E 2 -1 -14 62 YES 3487-G B 3 487-H BC B ldg #8 3521 -A C 3521 S. Federal Hwy 3521-B D 3521 -C 3521 -0 C 3521-E BC 3521 -F B DC /E 2-14-14 59 YES 3521 -G 3521-H B C Bldg #9 3525 -,A C 3525 S. Federal Hwy 3525- D 3525 -C 3525 -L? 3525 -E D 3525 -F C B. 3525 - BC 3525 -H B /E 2- -14 5 YES 3525 ®l 3525 -J B El 2 of 8 2/25/2014 PUIL DiNG # UNIT AQDR Maintained 3529 S. f� Federa Hi wy � s r r �R E 1 f { 3 479 - K z UNI BUILDI ! 1 2014 WeekTested HERS Index Maintai 3469 S. Federal Hwy 3469 -8 A }t / 2-14-14 62 YES 3469-C A 3469-D A 3469-E A 3469-F A 3469- A 3469- A 3469 -1 A 3469 -J A 3469 -K A 3469 -L A Bldg #1 3531-A C 3531 S. Federal Hwy 3531 -9 3531 -C D 3531-D 0 3531 - 35 -F C 3531-G BC 3531-M ! X /E 244 -14 0 YES, 3531p1 B 3531 -J B, 3531 -K B 3531 -L 8C Bldg #16 3535 -A 3535 S. Federal Hwy 3535-B D 3535 -C D 3535 -0 C 3535-E BC 3535 -F B X / 2 -14 -14 60 YES 3535 -C 3535 -F! BC Bldg #17 3539 -A C 3533 S. Federal Hwy 3539- D 3539-C 0 3539 -fib D 3539 -E D 3539 -F C 3539 -6 6C 3539 -H P X W/E 2-14-14 61 YES 3539 -I B 3539 -J 3539 -K 8 ' 3539 -L BC 4 of 8 2/25/2014 BU I LD ING 1 SS TYPE 1 _ e Tt P It B ldg #I8 3543 -A 3543 S. ral 3543 -3 3543 - 3543 -0 3543 -E BC 3543 -F 3543 - 543 -H Bldgft 3547- 5 '7 Sc Federal Hwy 35 -13 3547- 3547- 35147 -E 8 3547-F B X W/E; 2-14-14' Eat DES 3S4!-G1 13 3547-H e 18 #20 3551 - 3551 S. Federal Hwy 3551 -8 A x /E 2 -14_�q 62 'DES 3551-C A 3551- A 3551-E ,q 3551 -F 3551 -G A 3551 -H 3551 -1 3551 -J 3551 -K A 3551 -L A ldg #21 3559 -, A 3559 S. F06ral Flory , A x /E 2 - -1 4 61 DES 3559- A A 3559E 3559- A A 3559 -J A 3559 -K 3559 -L' 8l g #22 3563- A S. Federal Huy 3563 -8 A x W 2 - - 61 YES 3563-C A 5 of 8 2/25/2014 I OING # NI 2014 Wjek Tested _ Maintai 3563 -D 3563- A 3 5 6 3-F 3563-G A 3563-H 3563 -1 3563 -J 3563 -K 3563-L B ldg #23 3567' C 3567,S. Federal Hwy 3567 ®8 5567 -C D 3567 -[3 C 3567 -E 136 3567-F B W/EF-744-14-,'' 60 YES 3567 -G 8 3567- -H Bldg #24 3571 -A C 35715. Federal Hwy 3571 -8 3571 -C 0 3571 -D C 3571 - C 3571 -F `/E -1 -1 {� YES 3571 -C 3571 -H 8C 6 925 3555 -A 3555 S. Federal Flory 3555. D 3555 -C D 3555 -17 3555 -E D 355-F C 3555-G BC 3555 -H B x ; /E 2 ~14 -14 60 YES 3555 -1 E 3555 -J 3555 -K 355,54E 8C W3575S.FederalHwy 3575 -A C 3575 - 3575-C 0 3575 -D C 3575 -E C 3575 -F /E 2 -14 -144 61 YES 6 of 8 2/25/2014 BUILDING IT ADDRESS TYPE -_Vest In @In l 3575- 357 -H BC Bldg #27 3579-A c 3579 S. Federal Hwy 3579- B D 3579 -C 3579 -0 c 3579 -E 3579 -F B /E,2 -1:4-1 0 YES 3579 - B 3579 -F{ 8 18 #28 3583 -A 3583 S. Federal Hazy 3583- X E 2-14.14 62 YES 3583 -C 3583-D A 3583-E 3583 -F 3583-G A 3583 -H A 3583 -1 3583 -J 3583-K p, 3583 -L 8'r8 X29 3587 - 3587 S. Federal Hwy 3587-B D 3587-C D 3587 -D 3587 -E 8 /E 2 58 YES 3587-F 8 3587 - B 3.587 -H 8 Bldg #30 3599 -A 3599 S. Federal Hwy 3599-B D 3599-C D 3599-D D 3599-E 3599-F c 3599-G IBC 3599 -H 8 X W/E 2 -14 -14 61 YES 3599 -I 3599 -J 8 3599 -K 3599 -L BC Bldg #31 _ 3591 - 7 of 8 2/25/2014 BUILDING # LIM - k � � Ire e I in 3591 S. Federal Hwy 3591 -B D 3591-C D 3591- c 3591- BC 3 591-F X 2 @34 ®14 YES 3591, - ® 3591 -1i BC Bldg 2 3595- c 3595 S. Federal H 35 95- B D 3 595- D 35956 3595 - /F 2- 14 -14 59 3595- B 5- I 8 of 8 2/25/2014 Phase If SEABOURN COVE UNIT AUDIT MATRIX C- [AUD ITS IN f 12 _tf BU ILDING I . 20 14 eek Test ex a tone B ldg 33 3369- 3369 5e Federal Hwy 3369 -13 6m D 3369- C 336 -E 3369 -F B X /E 244-441 61 YES 3369 -G 3369 -H BC B ldg 34 3339-A C 3339 S. Federal Hwy 3339-B D -D 3339 -E BC 3339 -F B WIE 2 -14 -14 61 YES 3339 -G 6 3339-H RC old X35 9335 -A 3335 So Federal Hwy, 3335-B D , 3335 -6 3335- 335 -E BC 3335 -F B X /E 2 -14-14 61 YES 3335-G B 3335-H E B ldg 3 3331 -A A X /E 2 -14 -14 62 YES 3331 S. Federal Hwy 3331-B A A 3331 -F A 3331-G A 3331-H A 3331-1 3331 -J A ADDRESS MPME HERS e aI i 3331 - A gUIL 3331 -L E D I NG s .7 3327 - -A A 3327 S. Federal Hwy 3327- A X' /E 2 -14 -14 62 YES 3327 -�C A 3327 -D A 3327 -E A 3327 -F A 3327 -G 33 A 3327 -I A 3327 -J A 3327 -K A 3327 -L A B ldg #38 3323 -A C 3323 S. Federal Hwy 3323 -8 3323 -C 3323-D C 3323 -E BC I' 3323 -F B X W 2 - -14 61 YES 3323 -G 3323-H BC Bldg 39 3319 -A C 3319 S. Federal H y 3319- D 3319 -C 3319413 C 3319 -E BC 3319 -F B X ' {E 2- 1444, 61 F-: YES 3319- B -H B B ldg #40 3315 -A A 3315 S. Federal Hwy 3315 -f3 A X 2 -1 - 1 63 YES 3315 -C A 3315 - A 3315 -E A 3315 -F A 3315 -G A 3315 -H A 3315 -1 A 3315 -•J A 3315 -K A 3315 -L A BUILDING IT ee 1'e #e index aI fi °r B ldg #41 3345- 3345 S. Federal Hwy 3345 -B A X W/E 2-14-14 62 YES 3345-C A 3345- A 3345 -E A 3345 -F 3345 _rl A 3345 -FI A 3345 -i A 3345, -1 A 3345 - A 3345 -L A B ldg #42 3349 -A c 3349 S. Federal Hwy 3349-B D 3349- D 3349- 334 -E 3349 -F 3349-G 3C 3349 -ii B X WIE 2 -14-14 61 YES 3349 -1 6 3349 -! B. 3349-K B 3349-L BC B ldg 443 3353-A A 3353 S. Federal Hwy 3353-B A /E 2 -14 -14 2 YES 3353-C A 3353 -D A 3353 -E 3353 -F A 3353-G A 3353 -H A 3353 -1 A 3353 -J A 3353 -K A 3353-L A B ldg #44 3357 -A A 3357 S. Federal Hwy 3357-B A x W/E 2-14-14 62 YES 3357-C A 3357 -D A 3357 -E A 3357 -F A -- UNIT - BU IT ADDRESS. DLPE W eek Teste Index Maintained 3357 -G A 3357 -F1 A 3357 -1 3357 -J A 3S7® A 3357 -L Bldg #45 3361 -A A 3361 S, Federal Hwy 3361 - FB A X W/E 2 -14 -14 62 YES 3361 -C A 3361 -CD A 3361 -E A 3361 -F A 3361 -G A 3361 -H A 3361 -1 A 3361 -J A 3361-K A 6 ®L A .. ,.... ... . 6V #6 3365 -A A J3361 . Federal V�ay 3365- A x '`,. Z� 1;.' 63 ES 3365 -C A 3365 - A 3365 -E A 3365 -F A 3365 -G A 3365 -F1 A 33654 A _ 3365 -J A 3365 -K A 3365 -L A ATTACHMENT #4 INCREMENT REVENUE CALCULATION WORKSHEET SEABOURN COVE —Phase I a) m m ❑ T W ch N Q 67 Q T Q c) Q) C 0 c U U ° Q r 0 P O r 0 o OL OL d (nn < ¢ Q ♦ > d l t Sl ! O Q O O C CO 0 O T o h O U O O O O Co f� ti CD CO (O M C LO Lo r C!7 O O LLB O 00 s 11)5 O Q Q O O C N N O (D ti O ti CO 00 Z) N O L L C7 O O O O 'T O O V) r C� CV N CO V N O CO 00 ";r 0 cr W) T O r m cm �Y C) N co M M O 0) r M O ti O Cn 0 l k G m E+} 64 64 6R K3 fR 64 b3 � 69 d9 69 N U LL I i Cl7 T LL W 7 0 i V ca U CN - o ¢ a_ a a) x O C/) a a) (D a) a N T U (n L � Q ❑ a) CP — a (P .L a) a) 0) CL c m m E O a c a� d o — o m > :3 m a) a a) o o ai LL m + _ c 0 c o' ,• S i+ ° a) t� U U u a m Mmc = X c a) r o �€ 6' LIJ �_ X ° (D d N c m m a) U 1- CL o U U U w "� c a Q CL Co 0 a�i m -o m c c o w 0 O O O W '! 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M w o •� LO 7 Q 4 N N d �t v d) = O�j * C II 0) Q N m CD CD Q o O CC) d tY ° m v o Q) c Q -0 CO CO CO CO I m c m "� N N ° Q1 c a) o v a) N a) a) � l o 0) o tY Ca m o a� m o m e o o c m w w O, c� c6 m v7 a) C) U — U is E a) a) L c ti d '- c a) — ,' c n O co co co co +. c N m LL y N a m E t� Of � , O o 0 0 7 a� ro z Lu r� o = En c> �; i u m d 0 ° m ° Z Z Z Z � CU o U N M - 'C C m U rr 6 0 C y O Q O m UUUU o c c o o as ao a F U U � d d r- I-- t� a BQ TON tt�t EACH CRA BOARD MEETING OF: May 11 %3 2014 Consent Agenda C Old Business JX New Business Legal J Information only SUBJECT: Consideration of Bus Shelter and Temporary Easement Agreement between the CRA and PRH Boynton Beach SUMMARY Casa Costa is the second luxury condominium project to be built in downtown Boynton Beach. Historically there was a Palm Tran bus stop on the site of the building. While Casa Costa was being constructed, the bus stop was temporarily relocated to the CRA's property at 222 N. Federal (See attached aerial). The Related Group approached CRA staff about moving the bus stop back to the CRA property. Palm Tran is agreeable to the relocation if the move includes a covered shelter. CRA staff has had multiple meetings with Related Group staff and Palm Tran staff to address all of the possible issues. CRA staff supports the move if the Related Group covers the cost for the design, permitting and construction associated with placing the bus stop and shelter on the CRA owned property at 222 N. Federal Highway. The CRA reserves the right to change the design or location of the bus stop and shelter when a future redevelopment project occurs. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJEC Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS Approve the Bus Shelter and Temporary Easement Agreement between the CRA and PRH Boynton Vivian L. Brooks Executive Director T: AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslMay 20141Casa Costa Bus Shelter,doc br v+ t t 1 r t { t A u H ev i Z3 0 ? ( > Q 2 CL �s I ;lh. w r r i t � S r i�t � �� 1�t ! C uff?r + l i tm i I + 1'r Ki 1� - 4t BUS SHELTER DEVELOPMENT AGREEMENT THIS BUS SHELTER DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of the day of May, 2014, by and between PRH BOYNTON BEACH, LLC, a Delaware limited liability company ( "PRH "), and BOYTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body and corporate politic ( "CRA "). A. PRH is the owner of certain commercial units (the "Commercial Units ") in the Casa Costa Condominium located at 400 North Federal Highway, Boynton Beach, Florida (the "Condominium "). B. CRA is the owner of that certain real property located at 222 North Federal Highway, Boynton Beach, Florida and legally described on Exhibit "A" attached hereto (the "CRA Parcel "), which CRA Parcel is located to the south of the Condominium on the opposite side of East Boynton Beach Boulevard. C. There is an existing transit bus stop (the "Existing Bus Stop ") along North Federal Highway adjacent to the Commercial Units. D. An existing bench and concrete slab (the "Existing Slab ") are currently located along North Federal Highway on the CRA Parcel. E. PRH and CRA wish to relocate the Existing Bus Stop and construct a new transit bus shelter (the "New Bus Shelter") on the CRA Parcel. F. PRH has agreed, at its expense, to construct the New Bus Shelter on the CRA Parcel, subject to and in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Permits PRH shall, as soon as reasonably practicable, file all necessary applications (the "Applications ") with the applicable governmental agencies in order to obtain the requisite permit(s) (the "Permit(s) ") to commence construction of the New Bus Shelter (the "New Bus Shelter Construction "). CRA agrees to reasonably cooperate, in all respects, with PRH's efforts to submit the Applications and obtain the Permits. Section 3. Construction/Installation of the New Transit Bus Shelter PRH shall, as soon as reasonably practicable after obtaining the Permit(s), commence (or cause to be commenced) the New Bus Shelter Construction. 00331371 -1 MIADOCS 9000853 3 (A) The New Bus Shelter shall be constructed, at PRH's sole cost and expense, on the CRA Parcel in a location to be mutually agreed upon by the parties, which location is currently intended to be on or near the Existing Concrete Slab. (B) The New Bus Shelter shall be constructed substantially in accordance with the conceptual design describing the general scope and size of the New Bus Shelter shown on Exhibit "B" Figures 3.3.6 and Figures 3.3.7, attached hereto as Exhibit `B " . (C) PRH shall ensure that the New Bus Shelter Construction on the CRA Parcel shall be maintained in good and safe condition until the New Bus Shelter Construction is completed, all Permit(s) are closed out, and the CRA has inspected and approved that the New Bus Shelter has been constructed in conformance with this Agreement, which approval shall not be unreasonably withheld. ( "Construction Completion "). (D) PRH shall allow no advertising of any kind to be installed on, within or without the New Bus Shelter, Section 4. Temporary Easement. CRA hereby grants to PRH and PRH's contractors, agents and employees a right of access and easement over, across and through the CRA Parcel for the purpose of performing the New Bus Shelter Construction and for the purpose of performing any and all inspections, tests, investigations and other work relating thereto. PRH shall indemnify and hold harmless CRA, its agents officers and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from PRH, its agents, offices assigns, employees and contractor's use of the easement. The TempoLW Easement shall terminate upon Construction Completion. Section 5. Future Maintenance. Notwithstanding anything to the contrary contained herein, upon Construction Completion: (i) PRH shall be deemed to have satisfied its obligations hereunder; (ii) PRH shall have no further obligations or liabilities with respect to the New Bus Shelter and (iii) the CRA shall be solely responsible, at its sole cost and expense, for maintaining the New Bus Shelter. Section 6. No Liens PRH shall not permit or cause any mechanics' or construction liens to be filed against the CRA Parcel for any work done or materials furnished in the performance of the New Bus Shelter Construction; provided, however, that PRH may contest the validity of any such lien, but upon a final determination of the validity thereof, PRH shall cause the lien to be satisfied and released of record or transferred to bond in accordance with applicable law. Subject to the foregoing, PRH agrees, within thirty (30) days after receipt of written notice from the CRA, to cause any outstanding mechanics' or construction lien to be satisfied and released of record or transferred to bond in accordance with applicable law, failing which CRA shall have the right, at PRH's expense, to transfer same to bond as provided by law. Section 7. Indemnity PRH agrees to indemnify, defend and hold harmless the CRA from and against any and all liability, claims, demands, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action arising out of or related to the performance of the New Bus Shelter Construction; provided, however, that the foregoing indemnity shall not apply to any matters arising or alleged to have occurred after Construction Completion. Section 8. Notice All notices, demands and requests required or permitted to be given under this Agreement (collectively the "Notices ") must be in writing and must be delivered personally or by nationally recognized overnight courier or sent by United States certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, or on the next business day if sent by overnight courier, or three (3) business days after deposit in the mail if mailed. The initial addresses of the parties shall be: As to PRH: The Related Group 315 S. Biscayne Blvd., 4th Floor Miami, FL 33131 Attn: Rick Fortenbury with a copy to: Shutts & Bowen LLP 201 South Biscayne Boulevard 1500 Miami Center Miami, Florida 33131 Attention: David Coviello, Esq. As to CRA: Vivian Brooks Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 with a copy to: Kenneth Spillias Lewis, Longman & Walker, P.A 515 N. Flagler Drive Suite 1500 West Palm Beach, FL 33401 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. Section 9. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and agent or to create any partnership, joint venture or other association between PRH and the CRA. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. Section 10. Costs and Attorney's Fees. If either party brings or commences any legal action or proceedings to enforce any of the terms of this Agreement (or for damages by reason of an alleged breach of this Agreement), the prevailing party in such action shall be entitled to recovery of all costs and expenses of litigation, including reasonable attorneys' fees. Section 11. Counte arts. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. Section 12. Entire Agreement This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. This Agreement shall not be modified without the written agreement of all of the parties hereto. Section 13. No Recording Neither this Agreement nor any memorandum hereof shall be recorded in the Public Records of Palm Beach County, Florida. Section 14. Termination This Agreement shall terminate upon Construction Completion. Following termination of this Agreement, each party agrees to execute all documents reasonably requested by the other party to evidence the termination of this Agreement. Section 15. Successors and Assigns The terms, covenants, conditions and agreements contained herein shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 16. Public Records. The CRA is public agency subject to Chapter 119, Florida Statutes. The PRH shall comply with Florida's Public Records Law. Specifically, PRH shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CPA in a format that is compatible with the information technology systems of the agency. The failure of PRH to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If PRH fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective as of the day and year first above written. PRH BOYNTON BEACH, LLC, a Delaware BOYTON BEACH COMMUNITY limited liability company REDEVELOPMENT AGENCY, a public body and corporate By y: Name: Name: Title: Title: EXHIBIT " PARCEL CRA Lots 1 & 2, except the East 25 feet thereof, and except the West 25 feet thereof, as shown upon the Plat entitled "Agreement Plat ", showing property in NW 1 /4 of the NW 1 /4 of the NW 1 /4 of Section 27, Township 45 South, Range 43 East, in the Town of Boynton Beach, Florida, which Plat is recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in O.R. Book 10, Page 2; Less right -of -way conveyed to the State of Florida, as more particularly described in O.R. Book 564, Page 180 of Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. 00331371 -1 M[ADOCS 9000853 3 EXHIBIT "B" CONCEPTUAL DESIGN (see attached) 00331371 -1 MIADOCS 9000853 3 t- :-_ — ". Exhibit State Highway System. However, if necessary, a variance to the Rule can be considered. The recommended minimum dimensions for a bus shelter are 10 feet by 4 Leaning Rail feet by 7 feet high (interior clearances). To sidewalk allow clear passage of the bus and its side mirror shelters should be`'' "��t a minimum distance of 5 �R� feet between the face of kst 2r I t the curb and the roof or �t panels of the shelter.� Greater distances are I preferred to separate waiting passengers from nearby vehicular traffic and must meet the State setback requirements .7 Figure 3.3.5 j Typical dimensions of a bus shelter on a limited right -of -way width. Shelters should include seating space for three adults and one space for a environment is particularly important (e.g., historic wheelchair (30 inches by 48 inches minimum). districts, traditional downtowns, along the waterfront, etc.), agencies should consider If an agency employs a variety of shelters, the modifying the design and look of individual shelters architecture of the shelter should be indicative of to give the shelters local flair that the community nearby land uses; it should provide the rider with a will appreciate. Figure 3.3.11 shows a public art means of orientation within the community. In areas bus shelter uniquely designed in St. Petersburg, where the unique character of the urban Florida. With local participation comes a feeling of ownership, which may help reduce vandalism. s' 30" x 48" Minimum Wheelchair Clearance;' r• 10' Max k 7' Min 20' s, ® Ik' 6" Figure 3.3.6 Typical dimensions of a bus shelter with Figure 3.3.7 ; Cross - section of a small shelter seating. with seating Accessing Transit I June 2013 B1 Pr f < N' B ( D)` IN 4 TO Q ' CRA i , � , t:f CRA BOARD MEETING OF: May 13, 2014 Consent Agenda 01 - Business ( j New Business ( j PttCWe T earing Other SUBJECT: Consideration of Dates for Budget Meeting SUMMARY: The CRA Board typically holds the CRA Budget Meeting in August. Last year the CRA's Budget Meeting was held on Tuesday, Aug. 27, 2013. Staff is recommending the Board choose one of the dates shown below for the public meeting. Please note City Commission meetings will be held on Tuesday, Aug. 5 and Tuesday, Aug. 19 and the CRA Board meeting is Tuesday, Aug. 12, 2014. Location: Intracoastal Park (subject to availability) Time: 6:00 p.m. 9:00 p.m. or until close of business Dates for Consideration: W ednesda y August 6 August 13 August 20 August 27 Thursday August 7 August 14 August 21 The final budget will be presented to the CRA Board for adoption by resolution at the September 9, 2014 CRA Board Meeting and thereafter brought before the City Commission for ratification on the date of the Citv's 2n Budget Public Hearing and Final Adoption of the City's FY 14/15 Budget (date to be determined). FISCAL IMPACT FY 2014 -2015 Budget CRA PLAN, PROGRAM OR PROJECT: All CRA Plans and Programs RECOMME NDATION S: Provide consensus for date for the CRA Budget Meeting for FY 14/15 0 Susan Harris, Finance Director TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting%FY 2013 - 2014 Board MeetingsWay 20141Consideration of Dates for CRA Budget Meeting.doc S{ I ; f E �'s w r �' �� _ ," CRA BOARD MEETING OF: May 13, 2014 Consent Agenda Old Business (X ( New Business Legal I Information Only SUBJECT: Discussion of Code Compliance in the CRA District There is no backup for this item. BOYNTO =BEAC CRA BOARD MEETING CAF: May 43, 2014 1 Consent Agenda I I Old Business IX I New Business Legal Information Only SUBJECT: Discussion of the Woman's Club There is no backup for this item. B " 0 " - / ` ANCI 'C'RA CRA BOARD MEETING OF: May 13, 2014 1 Consent Agenda I I Old Business I � New Business Legal I X I Other SUB J E CT, New Businesses in the CRA District SUMMARY The CRA district welcomes 8 new businesses to the area. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Andy's Pre Owned Autos- 555 N Railroad Ave. Unit 5 2. All Four 1 Tire & More — 555 N Railroad Ave. Unit 4 3. Beacon Consulting Engineers- 100 NE 6" St. Unit 102 4. Dolphin Sun LLC- 735 Casa Loma Blvd. 5. Holistic Sunshine Inc. - 408 E Ocean Ave. 6. Interstate Towing Inc. - 421 NE 7 Ave. 7. Law Office of James Bonfiglio- 413 W Boynton Beach Blvd. 8. Mix Store Botanica — 1600 N Federal Hwy. Unit 8 FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program \\' � ION � J A Trac mith Co f Marketing & Business Development T'IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingsWay 20141New Businesses Agenda Item May 2014.doox BOYN N �1, � t, 41; B E 10 CRA BOARD MEETING OFOV May 1 3, 201 Consent Agenda I I Old Business I I New Business Legal I X Information Only SUBJECT: Development Projects Update SUMMARY: 500 Ocean (SE Corner of Ocean /Federal), — City and CRA staff worked with LeCesse's professional team to further refine the site plan. Staff requested additional retail and office space which LeCesse agreed to. The building facades have been improved and are acceptable to City and CRA staff. CRA staff are still requesting that the overhead utilities be installed underground similar to other large scale projects in the district. The 3 Review of the Site plan was conducted by staff and comments returned to LeCesse the week of April 30 Family Dollar (MLK/Seacrest — Boos Development has received final approval from Family Dollar for the site. Boos conducted a pre - application meeting with the City /CRA to go over the proposed site plan and elevations which are being presented to the CRA Board for their review on May 13, 2014. National Full Service Grocery Store — Several national chains are looking for a 2 acre site in HOB. Senior Living Facility — A developer is looking for a 3 acre site for a full - service senior living facility along Federal Highway. One Boynton — CRA staff met with owner's broker to review proposed future changes to CRA plans. Casa del Mar (2632 N. Federal Highway) — This 4.5 acre waterfront site is under contract for residential development. A preapplication meeting was held on April 2 "d with the purchaser's representative. Former Denny's Site/ 2201 S. Federal Hwy. -- Contractor looking to buy and redevelop into office space and retail. City passed the code lien reduction program which will allow the purchaser to close on the property and renovate it. Healing Heart 1220 -226 W. Boynton Beach Blvd. — A 4,000 sq. ft. new veterinary clinic and holistic spa for people. Proposed to be completed by the end of 2014. Seaview Park Club -1630 N. Federal Hwy. — 1 acre site purchased by Olin to add to adjacent Manatee Bay Apartments. Construction is 80% complete. Ocean Breeze West — A "roof raising" event for the final house was held on Monday, March 3, 2014. The project is nearing completion as this final house is being built. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslMay 20141Development Project Update.doc BoYNToN 11 111 Ocean Breeze East — A request for proposal to solicit interest for multi - family and neighborhood commercial services for the site is being presented to the CRA board at their May 13, 2014 meeting. As required, an appraisal of the property is being conducted. FISCAIL ACT: TBD CRA PLAN, PROGRAM OR PROJECT: Federal Highway Community Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONSIOPTIONS: Information Only. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\May 20140evelopment Project Update.doc 2014 CRA COMMENT LOG Pow wiumnir Method Date Comment Name _ Comment Response/ Follow Up The Executive Director called and explained that the purpose of the video was to market local restaurants to people attending the Did not like having his movies. He still did not want to restaurant videoed for the participate and she told him she marketing. Requested his would make every effort to remove portion be removed and not his restaurant from the vidoe prior to 4/4/2014 Call Kevin Scully shown at events. the movie tonight. Mike Falco - Mr. Falco would like to see Marina Village the old dive shop space be 5/7/2014 Email Owner grassed Harvey Nussbaum - Questioned if the old dive Marina Village shop could be replaced with 5/7/2014 Email Owner a new structure Would like to see a boutique; Sylvie Boileau - art gallery or breakfast Marina Village restaurant in the old dive 5/7/2014 Email Owner shop space Tony Bruno - His suggestion for the old Marina Village dive shop space would be 2 5/7/2014 Email Owner tennis courtsTennis Helen Bardwin Old dive shop building in Martin - Marina Marina Village is an eyesore 5/7/2014 Email Village Owner and should be torn down. Old dive shop building should be torn down and kept as open space for viewing the Carole Koster - marina and to sit in the sun Marina Village since the sun is blocked at 5/7/2014 Email Owner their pool Lee Jacobson - Marina Village Make the old dive shop into a 5/7/2014 Email Owner breakfast/sandwich shop. Old dive shop building in Jean -Guy Marina Village should be torn Michael Simon replied that his Morency - down and replaced w/ a park. comment would be represented to Marina Village Sea Mist and Jet Ski Rental the CRA Board at their May 13, 5/7/2014 Email Owner needs to be cleaned up. 2014 Board Meeting The Old High School should not be torn down. It could be used for municipal use; public safety complex; youth 5/8/2014 Postcard Cliff Montross center; police /sheriff office Would rather have something David Soblick - done with the water Marina Village treatment plant than the old 5/8/2014 Email Owner dive shop. A restaurant would be nice since there aren't any in the Patricia Englert - Marina Village retail space; Marina Village the old dive shop building has 5/8/2014 Email Owner history and great view. The old dive shop space would make a nice coffee shop /convenience store to Kris McCall - easily pick up quick items for Marina Village the residents and boaters, 5/8/2014 Email Owner etc.... The old dive shope would make a good surf/dive shop Elizabeth downstairs and a cafe Fabrizio - Marina upstairs -she likes the rustic 5/8/2014 Email Village Owner beach look. Remove the old dive shop building and proceed with the CRA's original plan of making it open space. It creates a blind spot and is a traffic Michael Simon replied that their Terry & Peter hazardl. Not in favor of a comment would be represented to Armour - Marina barrista; parking and noise the CRA Board at their May 13, 5/8/2014 Email Village Owner would be an issue. 2014 Board Meeting Take down the old dive shop and replace it with an open park with benches. That Mary Patricia corner is congested with Ryan - Marina pedestrians and traffic and is 5/10/2014 Email Village Owner a safety issue. The old dive shop should be torn down as originally planned. Another entertainment venue is not needed due to the already congested parking situation. The corner of Fed and Ocean should be paved for public parking until something is build there Michael Simon replied that her Ilene Bruccoleri - and /or make the public comment would be represented to Marina Village parking spaces in the garage the CRA Board at their May 13, 5/12/2014 Email Owner paid valet spots. 2014 Board Meeting From: Falco, Mike <mike.falco @emc.com> Sent: Wednesday, May 07, 2014 3:52 PM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. Grass. Sent from my iPhone On May 7, 2014, at 3:47 PM, "marinavillageaaAtcgmgt.com" <marinavillageaaAtcgmgt.com> wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 Ph: 561 - 736 -9753 [System could not find cc Fax: 561 736 -9912 May 7, 2014 625 Casa Loma Blvd 0703 Michael Falco 746 Woodland Ave Oradell NJ 07649 Dear Michael Falco: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 < 201405071546271870989182- -CityH allCommissionChambers .Futureuseofvacantbuildi.pdf� 1 From: hanlaw333 @aol.com Sent: Wednesday, May 07, 2014 3:57 PM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. Is using the building as is the only option or is demolishing and putting up new structure an option as well? Original Message From: marinavillageaa <marinavillageaa(c�tcgmgt.com> To: hanlaw333 <hanlaw333(aol.com> Sent: Wed, May 7, 2014 3:47 pm Subject: City Hall Commission Chambers. Future use of vacant building. Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 [System could not find communii Ph: 561-736-9753 Fax: 561 736 -9912 May 7, 2014 700 E Boynton Beach Blvd 0805 Harvey Nussbaum 6599 Newport Lake Cir Boca Raton FL 33496 Dear Harvey Nussbaum: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 1 From: Sylvie Boileau <sboileau @dubo.gc.ca> Sent: Wednesday, May 07, 2014 4:10 PM To: 'marinavillageaa @tcgmgt.com' Subject: Re: City Hall Commission Chambers. Future use of vacant building. Boutiques , art galleries, Specialities "breakfast restaurant" De : marinavillageaaOtcgmgt.com [ mailto :marinavillageaaCahtcgmgt.com] Envoy ?? : Wednesday, May 07, 2014 03:47 PM ?? : Sylvie Boileau Objet : City Hall Commission Chambers. Future use of vacant building. Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 [System could not find communii Ph: 561- 736 -9753 Fax: 561 736 -9912 May 7, 2014 700 E Boynton Beach Blvd 1403 Sylvie Boileau 875 Croissant du Ruisseau APT E2 Ville St Laurent Quebec . H4L 5E2 Canada Dear Sylvie Boileau: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 1 From: tony bruno <tony.bruno @hotmail.ca> Sent: Wednesday, May 07, 2014 4:22 PM To: marinavillageaa @tcgmgt.com Cc: rita.bruno @live.com Subject: RE: City Hall Commission Chambers. Future use of vacant building. Importance: High Thanks for the e-mail Mr. Subero. Rita and I would you like to see in place of the old dive shop two tennis courts since many at Marina Village play tennis. Thanks, Rita & Tony Bruno From: marinavillageaaPtcgmgt.com To: tony.bruno @hotmail.ca Date: Wed, 7 May 2014 15:47:17 -0400 Subject: City Hall Commission Chambers. Future use of vacant building. Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 Ph: 561- 736 -9753 [System could not find communii Fax: 561 736 -9912 May7,2014 700 E Boynton Beach Blvd 0305 Anthony Bruno 65 Golfwood Heights Toronto . M9P 3LB Canada Dear Anthony Bruno: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant 1 Utterback, Theresa Subject: FW: Marina Village location of Former Dive Shop From: Helen Martin [mailto:hb.martin@comcast.net] Sent: Wednesday, May 07, 2014 4:32 PM To: Simon, Michael Subject: Marina Village location of Former Dive Shop Hello Mr. Simon, Assistant Director, Boynton Beach CRA Board: I am the owner, along with my husband, Don Martin of Marina Village Unit 2 -702. will be out of town for the CRA meeting in which plans will be discussed for the Marina Village location of the former dive shop. However, I wish to express my opinion of any future plans for the building. We have been owners of a condo at Marina Village since it's inception. We take great pride in our property there and want to see it maintained for the high quality property it is. My husband grew up in Boynton Beach and we are very passionate about the future of this quaint town. It is time for Boyton's old downtown to grow up. We would like to see Boynton be brought into a more updated version, attracting more architecturally pleasing retail and residential space along the Ocean Avenue corridor. It has so much potential that isn't being realized! The old dive shop is an eyesore on this property. The city of Boynton seems to take pride in the Marina Village /Marina. It is truly destroying the first impression of the Marina Village entry and should be torn down. It isn't historical; it's facade it quite unattractive and not of any real architectural period other than a mix up of styles, none of which go together. The horrible green color is equally insulting in it's garishness next to Marina Village. I am sorry to be so harsh but I am a design consultant and feel very strongly about this subject. The Dive Shop has been relocated and a more than fair assessment paid to it's owner. !believe, as does my husband that the old dive shop should be replaced by landscaped green space equal to the area around the Light House entrance area. I think it should be enhanced with public art and possibly seating (permanent benches). One only has to look at the recent history of what was accomplished in Delray Beach to see the potential in Boynton!!!! We watched as Delray came out of the economic slump in the 1980's to be the power house of Real Estate values and great change that has happened there. 1 hear great things about you and the CRA Board and hope that you ali are the catalyst to see REAL change in Boynton Beach. A change for the better, not living in the past. Thank for your time ! ank you fo y t e and attention. Helen Baldwin Martin 625 Casa Loma Blvd. Unit 2 -702 Boynton Beach, Florida 33435 Cell 404 -275 -5678 1 From: Carole Koster <carolekoster @aol.com> Sent: Wednesday, May 07, 2014 5:58 PM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. When we come to Florida in November, there is no sunshine by our pool until spring. I've heard many renters complain about the same problem. Tear the building down! The vacant land would great to have a green space, and a place to in the sun, and a place to sit when waiting for friends, with a view of the Marina. Thank you for the opportunity to express myself. Carole Koster, Marina Village resident Sent from my iPad On May 7, 2014, at 3:47 PM, marinavillageaa a,tcgmgt.com wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 Ph: 561 - 736 -9753 [System could not find co Fax: 561 736 -9912 May 7, 2014 625 Casa Loma Blvd 0405 Carole Koster 625 Casa Loma Blvd 0405 Boynton Bch FL 33435 Dear Carole Koster: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 < 201405071546271870989182-- CityHallCommissionChambers .Futureuseofvacantbuildi.pdf5 i From: Lee Jacobson <maxima21125 aol.com> Sent: Wednesday, May 07, 2014 7:18 PM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. How about a little breakfast dinner or sandwich shop Sent from my iPhone On May 7, 2014, at 3:47 PM, marinavillageaa@tcgmgt.com wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 Ph: 561 - 736 -9753 [System could not find co Fax: 561 736 -9912 May 7, 2014 625 Casa Loma Blvd 1207 LeRoy Jacobson 7282 Via Leonardo Blvd Lake Worth FL 33467 Dear LeRoy Jacobson: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 < 201405071546271870989182-- CityHallCommissionChambers. Futureuseofvacantbuildi.pdf' 1 Subject: FW: The old dive shop at Boynton Beach From: Jean -Guy M. [mailto:igmworldCalgmail.com] Sent: Friday, May 09, 2014 8:14 AM To: Simon, Michael Subject: Re: The old dive shop at Boynton Beach Mr. Simon, Thank you and have a nice weekend Let me know what's happens... Regards Jean -Guy Morency Le May 8, 2014 a 11:21 AM, "Simon, Michael" <SimonM@bbfl.us> a ecrit : Good morning and thank you for your comments. I will be sure to present them to the CRA Board at next Tuesday's meeting. Have a great day. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o:561-600-9091 1 f: 561- 737 -3258 SimonM@bbfl.us 1 www.catchboynton.com BOYNTON =BEACH � America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 1 f . Catch a FREE Event ., JANUARY .1 7 FR. JANUARY 16 S4e4 =',,` ,, . FEBRUARY 7 7 RM. W.'''. FEBRUARY 20 v �, x.' 12 , . '. * MARCH 7 7 P.M. MUSIC ON MARCH 20 © �+ APRIL 17 '' APRIL 4 8 P.M. ROtr . THE S MAY 15 MOMS r 0. i'Allli 1 NAY 2 8 P.11l 5daken not 5t,rre4 6-8P:1 CatchBoynton.com 561.742.6246 Original Message From: Jean -Guy M. [mailto:jgmworld @gmail.com] Sent: Wednesday, May 07, 2014 10:33 PM To: Simon, Michael Subject: The old dive shop at Boynton Beach Hello Mr. Simon, I hope you are well.... I received yesterday an email from the administration of Marina Village about what I would like to see in its place of the old dive shop 7 I think that this is already a few years that this building is empty....nobody use it.... This building is ugly and past date.... and it's not going with the nice environment of Boynton Marina development. I propose a demolition and I see there a green space....a small park....with palms, pole flag and benches.... In the same time I have a comments about the place of jet ski renting and Sea Mist fishing charter boat I like this place but.... Is it possible to keep this area more clean and more presentable....it looks like a dump.... garbage containers, ice maker, dozen of gas tank, old jet ski docks and more.... Thank you for giving me the opportunity to express our opinion and inform me of the sequel to this folder. Have a nice day Regards Jean -Guy Morency 2 Owner of 625 Casa Loma # 205 and boat slip D-31 ( French Canadian with the Steffie Blue boat) email : jgmworld@gmail.com phone: 561 - 369 -8312 3 , 1 4:„...._ M I VI Boynton Beach, FL 33426 ■ ::..* 1'lit04 0 cf) 1 :i) 1 Jill ‘, 0 * , 1 - AR ii/b P.C.PcttAt V ..,............„,„_„... -.....„ , - - — - - -- - :._._ i 110411111! fold BeRe4 eRR li R 0910 s7/4Fic II ii 71 to PEDCAR i NI 1 A tov • I ikACIA Flow:oh a ' , 1 I i il ,..__ __. _........ __. _ ____ _ _ -- -- mivk.7 _BAyetAY 'Briitifif let- geditglisia7,411107 n _u to44. '• — Bli '- '1.71R:RE.:71:17,401,44' AfAvyisR.,, tut= R xs . _ I : NO ARtigfAV,:71/1.4 r#r• - *ANY las 7 ow - PE401)4 1711aai 5R.Y;a7118.401;40.1:8 ::, /T.T.'iiA .1)MNICi 4....4% :11.440_,e420rif lia01P0114,d..SIVIZ%:_ai),44(4.# __ 4449_2...r_ . . ..._ _ , 1040,..6:NrCittig 0. A611.0fki.:•_. .Yi.R4.7.144.1440116.114 Siei Jib i_..A..1/..4." _/.h."11 MOlie,:lia:14;im.: Stididi M4_ _-_ _,W4' A % AlgatilltliAlVe.t . • R44 ILIZ4 _:19__HOto . - . , s Pobia, liolf.P_ 6iii.ttAtts: 11.?: i..14.111., v .PittA_AARS _._ From: David Soblick <Iifequalityhome @gmail.com> Sent: Thursday, May 08, 2014 7:16 AM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. Better question is what would we like to see in place of that disgusting water treatment plant On May 7, 2014 3:47 PM, <marinavillageaa @ tcgmgt.com> wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 [System could not find communi Ph: 561 - 736 -9753 Fax: 561 736 -9912 May 7, 2014 700 E Boynton Beach Blvd 0504 David Soblick 17146 Le Rivage Ave Boca Raton FL 33496 Dear David Soblick: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 1 _ I From: Patricia <englertp @bellsouth.net> Sent: Thursday, May 08, 2014 7:49 AM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. Hi Joe.... I think many of us hoped a restaurant would be a positive addition for one of the empty spaces under Our condos but since this is not happening anytime soon perhaps a fun historical restaurant in The old dive shop would be a possibility ?! The building has much history & that could be accentuated Along with great views of the canal & boats that line it....could be a money maker to an adventurous Investor.... Patricia Englert Sent from my iPad On May 7, 2014, at 3:47 PM, marinavillageaa@tcgmgt.com wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 Ph: 561 - 736 -9753 [System could not find co Fax: 561 736 -9912 May 7, 2014 625 Casa Loma Blvd 1402 Patricia Englert 625 Casa Loma Blvd 1402 Boynton Bch FL 33435 Dear Patricia Englert: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 1 From: Kris McCall <realtorkrismccall @gmail.com> Sent: Thursday, May 08, 2014 9:06 AM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. As owners of marina village condo & boat slip -We would like To see a convenient coffee snack shack that can serve healthy Morning cereal, milk, egg Croissants, Bagels, Chicken salad deli Sandwiches as well as small Shelf of convenient items Like toothbrushes, toothpaste, Tylenol, sunscreen, hats so all older Residents, moms & dads w kids As well as boaters can all enjoy Quick breakfast & easily pick up convenient Items necessary to enjoy The wonderful amenities of Marina Village near our beautiful Boynton beach intracoastal & ocean view community. Thank you for your consideration. Sent from my iPhone On May 7, 2014, at 3:47 PM, marinavillageaa @tcgmgt.com wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 [System could not find co Ph: 561- 736 -9753 Fax: 561 736 -9912 May 7, 2014 625 Casa Loma Blvd 1101 Kristine McCall 8673 Daystar Ridge Point Boynton Beach FL 33473 palm beach Dear Kristine McCall: 1 What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. mc: 75722 < 201405071546271870989182-- CityHallCommissionChambers. Futureuseofvacantbuildi.pdf 2 From: Elizabeth Fabrizio <weluvyoou @aol.com> Sent: Thursday, May 08, 2014 10:36 AM To: marinavillageaa @tcgmgt.com Subject: Re: City Hall Commission Chambers. Future use of vacant building. Dear joe, I say a surf /dive shop lower level and a cute cafe above on second floor. Keep the rustic/beach look! Liz Sent from my iPhone On May 7, 2014, at 3:47 PM, marinavillageaaAtcgmgt.com wrote: Marina Village at Boynton Beach Condominium 625 Casa Loma Boulevard Suite 104 Boynton Beach, FL 33435 [System could not find co Ph: 561-736-9753 Fax: 561 736 -9912 May 7, 2014 700 E Boynton Beach Blvd 1109 Elizabeth Fabrizio 700 E Boynton Beach Blvd 1109 Boynton Bch FL 33435 Dear Elizabeth Fabrizio: What would you like to see in place of the old dive shop? Please see attachment. Sincerely, Joe Subero Administrative Assistant This email includes one or more attachments. me: 75722 < 201405071546271870989182-- CityHallCommi ssionChambers. Futureuseofvacantbuildi.pdf� 1 Subject: FW: DIVE SHOP - CRA MEETING Tuesday May 13, 2014 From: Simon, Michael Sent: Friday, May 09, 2014 9:21 AM To: Terry Armour' Subject: RE: DIVE SHOP - CRA MEETING Tuesday May 13, 2014 Good morning Terry and Peter: Thank you very much for your comments and I will place them on the dais for the Board's review but I will say that being present and voicing your views at the meeting is more impactful. Even very simple, positive or negative comments are "heard" differently when spoken. We really appreciate your involvement in the marina area and downtown. See you both soon. Have a great day. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561 -600 -9091 I f: 561 - 737 -3258 SimonM @,bbfl.us 1 www.catchboynton.com BOYNTON i ::BEACH 1 mod America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notes the sender immediately by reply email and delete the message and all copies of it. 1 laib, Catch a FREE Event ►, . JA$rUARY 3 7 Ptv', JANUARY 16 f' "`+ FEBRUARY 20 0., , .i-5,.‘":/ 1 I BRilARY 7 7 t� ~. v." P :/ ' n i `' .. (� MARCH 20 e, r 5 t 7 I >ixi MUSIC ON APRII 17 I' . APRIL 4 "11 THE IIOC4IS MAY 15 MOVh[t: x1z.., MEL. MAY 2 8 P'M 5f aker7 not Srir,e,1 CatchBoynton.com 561.742.6246 Original Message From: Terry Armour [mailto:terrvarmour @me.com] Sent: Thursday, May 08, 2014 4:59 PM To: Simon, Michael Subject: DIVE SHOP - CRA MEETING Tuesday May 13, 2014 Dear Michael, We will make every effort to attend this meeting provided we can change a previously scheduled engagement. However, 1 if we cannot be there in person, we would like our position known. We are in favor of removal of the existing (old) Dive Shop building. We support the original CRA plan to create 'open space' on that footprint. We see no advantage to creating yet another 'barrista" type environment. Parking is also a concern. Plus, the noise factor would be that much closer to the residential areas. Currently the building creates a "blind spot" when cars are leaving The Two George's valet area, and cars are making a left hand turn onto the Casa Loma Blvd garage entrance. We have seen several near accidents when cars are not yielding to on coming traffic. Respectfully submitted, Terry and Peter Armour Marina Village 700 East Boynton Beach Blvd. Apt 1601 Boynton Beach, FL 33435 2 • Subject: FW: Dive Shop From: Simon, Michael Sent: Monday, May 12, 2014 9:35 AM To: 'mary patricia ryan' Subject: RE: Dive Shop Thank you Ms. Ryan: We greatly appreciate your time, interest and input. I will make sure that your comments are included in our comment log for the CRA Board's review. Please remember that the Board's meeting on this issue is tomorrow night, May 13, 2014 at 6:30pm. At each meeting, there is an opportunity for the public to voice their opinions on issues or projects. You may want to consider this as well. Have a great day. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9091 1 f: 561 - 737 -3258 SimonM@bbfl.us 1 www.catchboynton.com BOYNTON =BEACH � America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notes the sender immediately by reply email and delete the message and all copies of it. 1 Catch a FREE Event JANUARY 3 7 RM. / JANUARY 16 ,* l'I. x ' 1 1 �, r ` ' " IBRUARY 7 7 F ' k . f [ FEBRUARY 20 " - „ MARCH 20 . • . . A 1 MA 4 CU r 7 FN. MU ON 4.5. .. � APRIL 15 APRIL 4 B RM1 THE ROCHS MV [5 Iwo. Pt {,ay 2 8 Rtil 5f Oen nct 5tirfe 6 -8PA. CatchBoynton.com 561.742.6246 From: mary patricia ryan [ mailto :marypatriciaryan@yahoo.com] Sent: Saturday, May 10, 2014 2:45 PM To: Simon, Michael Subject: Dive Shop As an owner of a condo which directly faces the dive shop at the Boynton Harbor Marina, I recommend that the vacant dive shop be torn down and replaced with an open park area complete with benches and palm trees. The corner where the dive shop is located has becoming increasingly congested with pedestrians and traffic especially on weekends and during the high population season. It truly is a safety issue. Michael, I plan on attending the May 13th meeting. Thank you for notifying us. Mary Pat Ryan 2 • Subject: FW: Future use of Old Dive shop building Original Message From: Simon, Michael Sent: Monday, May 12, 2014 2:18 PM To: 'ilenebruccoleri @gmail.com' Subject: RE: Future use of Old Dive shop building Thank you very much Ms. Bruccoleri: I appreciate you taking the time to provide us with your opinions. I will make sure to add your comments to our CRA Board comment log which is presented to the Board at their meetings. Have a great day. Original Message From: ilenebruccoleriPRmail.com [ mailto :ilenebruccoleri@gmail.com] Sent: Monday, May 12, 2014 12:40 PM To: Simon, Michael Subject: Future use of Old Dive shop building Dear Mr. Simon, I am an apartment owner at Marina Village and am unfortunately out of town and cannot attend the CRA meeting. I think the Dive Shop should be torn down as originally planned to add more open space to that area. There are already massive problems in the marina area with public parking, noise, and public drunkenness. I am a longtime owner at Marina Village and there was a marked change this year in our enjoyment of our apartment because of poor control of the parking situation in the public space. Adding the public parking signs has resulted in many beach goers using the garage and walking to the beach across the bridge. This has resulted in a loss of revenue for Boynton beach (less people paying for parking at the beach) and has caused the garage to be overcrowded on most days during high season. There is no turnaround in the garage and public parkers are backing up in the garage at the same time as new parkers are driving in and apartment owners are trying to get to their spaces on the upper levels. There have been car accidents already and I fear people walking in the garage could be hit. In addition, the public garage is hard to keep clean. I know visitors who have witnessed public urination in the garage by bar patrons. Is this really what Boynton Beach Commissioners want for the premier building on the intracoastal? The public parking is barely adequate for the current restaurants, Two George's and Banana boat, as well as the Fishing boats. Adding another entertainment space in the old dive shop will only exacerbate the parking problem. Have the Commissioner's considered the idea of paving over the Bank of America site for public parking until that land is sold for development? This should be done even with the tear down of the old dive shop. Another idea would be to make the public part of the garage fee -based valet parking only. I don't think any additional entertainment venues can be considered until the parking problems are resolved. Noise issues are already a problem for residents with the current music at the two restaurants and adding a third venue for music will make the problem worse. There are enough venues concentrated in such a small place. Please look further up Ocean Ave for increased development. Thank you. Sincerely, Ilene Bruccoleri 700 E Boynton Beach blvd., apt. 1101 Sent from my iPad 2