The URL can be used to link to this page

Agenda 10-14-14CRA Board Meeting October 14, 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: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. November CRA Board Meeting will be held on Wednesday, November 12, 2014 due to Veteran's Day B. 3rd Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash C. Movies in the Park: 10/10/14 — Recap — Mr. Peabody & Sherman 11/7/14 — Maleficent D. Happy Hour Thursday — Music on the Rocks — Funkabilly Playboys VIII. Consent Agenda: A. Approval of Minutes — CRA Special Board Meeting Aug. 18, 2014 B. Approval of Minutes — CRA Board Meeting, Sept. 9, 2014 C. Approval of Period Ended September 30, 2014 Financial Report D. Monthly Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Presentation on Business Development Marketing Campaign B. Consideration of Approval of Executive Director's Employment Agreement for FY 14/15 XIV. New Business: A. Consideration of TIF Agreement between Morgan Boynton Beach, LLC and the Boynton Beach CRA for the 500 Ocean Project B. Consideration of Entering into an Exclusive Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 480 E. Ocean Avenue C. Consideration of Entering into an Exclusive Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 211 E. Ocean Avenue D. Consideration of Issuing a Request for Proposals for CRA Owned Property at 480 E. Ocean Avenue E. Consideration of Issuing a Request for Proposals for CRA Owned Property at 211 E. Ocean Avenue XV. Future Agenda Items: XVI. Adjournment M! MCP IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD \WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE \FILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS n2�,DE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPI )N \WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105 ) THE CRA SHALL FITRNISH APPROPRL-kTE AUNILIARY MDS AND SER`"ICES WHERE NECESSARY TO .AFFORD AN INDI`TDLTAL WITH A DISABILITY AN EQtTAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST U\TNTY-FOUR HOURS PRIOR TO THE MEETING PROGRAbI OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLE ACC()nII\I0DATE YOUR REQUEST. ConsentAgenda Old Business New Business isHearing„ SUBJECT: November CRA Board Meeting SUMMARY: The November CRA Board Meeting will be held on Wednesday, November 12, 2014 @ 6:30 pm in City Chambers in observance of Veteran's Day which falls on Tuesday, November 11, 2014 when the normally scheduled CRA Board would take place. FISCAL IMPACT: NIA r r� r rr►� COMMENDATIONS: NIA NOTICE OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S (CRA) MONTHLY MEETING DATES FOR 2014 Please be advised that the Boynton Beach Community Redevelopment Agency (CRA) holds its monthly meetings, in Chambers, at Boynton Beach City Hall, 100 East Boynton Beach Blvd., Boynton Beach, FL 33435. The 2014 CRA Board Meeting dates are as follows: Meetings are normally held the second Tuesday of the month unless otherwise noted below: January 14 February 11 March 11 April 8 May 13 June 10 July 8 August 12 September 9 October 14 Wednesday, November 12 - Veterans Day is observed on Tuesday, November 11 2014 therefore, the CRA Board meeting will be held on Wednesday, November 12, 2014 December 9 Tuesday, January 8 Tuesday, February 12 Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 561-737-3256 NOTICE of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S (CRA) MONTHLY MEETING DATES FOR 2014 Please be advised that the Boynton Beach Community Redevelopment Agency (CRA) holds its monthly meetings, in Chambers, at Boynton Beach City Hall, 100 East Boynton Beach Blvd., Boynton Beach, FL 33435. The 2014 CRA Board Meeting dates are as follows: Meetings are normally held the second Tuesday of the month unless otherwise noted below: January 14 February 11 March 11 April 8 Mav 13 June 10 July 8 August 12 September 9 October 14 Wednesday, November 12 - Veterans Day is observed on Tuesday, November 11, 2014 therefore, the CRA Board meeting will be held on Wednesday, November 12, 2014 December 9 Tuesday, January 8 Tuesday, February 12 Vivian Brooks, Executive Director Boynton Beach community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 561-737-3256 PUB: The Palm Beach Post 12-1512013 169938 Sianed �" d _® �;,t.45n d Sworn i 2 [1t�,�$t�gcnDegj)erore Who iI�r mown tome. L APRIL D. EMBERTON NOTARY PUBLIC STATE OF OHIO %ornrn. Expifes -' Oc:tober 01 2018 , '",till m101 BOYNTON BEACH CRA STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tiffany Everett, who on oath says that she is Call Center Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice was published in said newspaper on First date of Publication 12/15/2013 and last date of Publication 12/15/2013 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. MEETING NOTICE Ad ID: 357655 Ad Cost: 165.12 SUN -S ENT I PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI—DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI—DADE BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED BRITTANY BELLOMO, WHO, ON OATH, SAYS THAT SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY NEWSPAPER PUBLISHED IN BROWARDIPALM BEACH/MIAMI—DADE COUNTY, FLORIDA, THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: THE MATTER OF: NOTICE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RE: MONTHLY MEETING DATES FOR 2014 IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: DECEMBER 15, 2013 14185822 AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACHIMIAMI-DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACHIMIAMI—DADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY. FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. Q j I ,�V-Um '01)xnm (SIGNATURE OF BRITTANY LOMO, AFFIANT) SWORN TO AND SUBSCRIBED BEFORE M ON 16 DECEMBER 2013 A.D. I (SIGNATURE . L ,.. HALL MY %C s l ,,j ION ft EE182121 e� EXIw`'ERPS M3l"Q 22,206 (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN (X) OR PRODUCED IDENTIFICATION( ) NOTICE of BOY TON BEACH COMMUNITY REDEVELOPMENT AGENCY'S (CRA) MONTHLY MEETING DATES FOR 2014 Please be advised that the Boyn- ton Beach Community Redevelop- ment agency (CRA) holds Its monthly meetings, in Chambers, at Boynton Beach City Hall, 100 East Boynton Beach Blvd,, Boynton Beach FL 33435. The 2014 CRA Board Meeting dates are as follows: Meetings are normally held the second Tuesday of the month ura- less otherwise noted below' January 14 February 11 March 11 April 8 May 13 June 10 July 8 August 12 September 9 October 14 Wednesday, November 12 • Vete- rans Day is observed on Tuesday, November 11, 2014 therefore, the CRR Board meeting will be held on Wednesday, Ncvembet 12, 2014 December 9 Tuesday, January 8 Tuesday, February 12 Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 561-737-3256 December 15, 2013 if Wly 1. tY'a BOYNTOR NOON RA (""i" B EACH i 13113 IT, � I I SUBJECT: 3"d Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash SUMMARY / RECAP: • On Saturday, October 25'h and Sunday, October 26a', The CRA and the City of Boynton Beach will be hosting the 3rd Annual Pirate Fest along E. Ocean Avenue • Saturday's hours are l lam — 9pm and the festivities will stretch from Seacrest Blvd. to Federal Hwy. • Sunday's hours are 11 am — 7pm and will run from Seacrest Blvd. to 3rd. Street • Activities and entertainment include: o Pirate Re-enactments o Acrobats o Capt. Jack o Live Mermaids o Magic Shows o Rock Climbing o The Wheel Walker o Street Performers o Children's Bounce House Ship o Sword Fights o Children's Shows and Treasure Hunt o Interactive Pirate Ship o Comedy Shows o Jugglers o Live Music o Fairies o Gypsies & Belly Dancers o Stilt Walkers o Tarot Card & Palm Readers o A Spooktacular Haunted House presented by the Schoolhouse Children's Museum (admittance fee applies) • Last year's event drew approximately 8,000 guests — this year's attendance is projected to be 10,000 guests • Creative marketing plan and social media postings are getting a great responses • Ample free parking • No pets please FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATIONS/OPTIONS: Amy Zimmermann Special Events C:1UserslzimmermannalDocumentslCommittee MeetingslPirates WPirates Agenda Item October 16.doc tyf� Y{,jl BOYNTO NomaBEACH 'CRA a Sat.9 `" "n Sun., Oct. 26: 11 am - 7 pm PirateRe-enactments t Comedy Acrobats Juggler Caf.stain lace Live Music - Live Mermaid Tank Fairies - Magic Show Gypsies, & Bellesnr, Rock g ft Walkers The Wheel Walker -Tarot Card & PalmPalmn Readers Street Performers, -A Spooktacular Haunted House &)unce House presented lky the Sword 7 S'c7h Children's Museum Children's Sh aws &7'reasure Rant dt . nce fee applies) i e acti e Pirate Ship -Andso snat,% For more Information on this event visit 1313PIratefest.corn or call 5671.600.9097,v'�: CRA C:lUserslzimmermanna\Documents\Committee Meet!ngs\Pirates 141Pirates Agenda Item October 16.doc I Consent Agenda Old Business New Business Legal I X � Other • On Friday, October 10, 2014, the Boynton Beach CRA presented the Movies in the Park • Featured movie Mr. Peabody and Sherman (PG) • This FREE event took place in Dewey Park from 7 - 9 pm • 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 — November 7, 2014 at 7pm — Featured movie Maleficent (PG) • Additional Movie in the Park dates: o December 12th o January 2nd o February 6d' o March 6h o April Yd o May 1st o June 5th FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN AmyZirnme(tann Special Events C:1tJserslzimmermanna\Documents\Committee MeetingslMoviesWovie Agenda Item October 14.doc po 'N'T( -N B. EACH C RA 11 AAS145, Q 'M I. , � � !k S m !-, pi" r4 ,fif Ili C:\Users\zimmermanna\Documents\Committee MeetingsNMovies\Movie Agenda Item October 14.doc C:NUserslzimmermannalaocuments\Committee MeetingslMovieslMovie Agenda Item October 14.doc f TO '�'CR,A 'OWN= B EA H 1,1� I I Consent r Business I I Legal I X I Other 11111 i1111 10011 9 11 I 1 1 It 1 • On Thursday, October 16, 2014, the Boynton Beach CRA will present the Happy Hour Thursday -- Music on the Rocks Concert Series featuring the band Funkabilly Playboys, a local high energy pop rock band • This FREE event will take place at the Ocean Avenue Amphitheatre from 6 to 9 pm. Food and drink will be available for purchase • The CRA will supply illuminated high top tables with cloths and added illuminated floral centerpieces to create a Happy Hour environment • Additional Happy Hour Thursday concert dates: o November 20`I' o December 18`h o January 15t'' o February 19"' o March 19'h o April 16"' o May 21St o June 18a` Ample FREE parking onsite No pets please FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN,PROJECT: DOWNTOWN MASTER PLAN Amy Zimme Special Events C:1UserslzimmermannalaocumentslCommittee Meetings\Concerts\Concert Agenda Item October 16.doc BOYN : �� RA .\ q (MiUMBE c: amammE_m6m&me yComm. eMe «m§c Gm+cn mAgenda Item October 16.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY SPECIAL BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD,,,, BOYNTON BEACH, FLORIDA ON AUGUST 18, 2014, AT 5:00 P.M. Jerry Taylor, Chair Joe Casello, Vice Chair Michael Fitzpatrick (Arrived 5:03 Woodrow Hay Mack McGray David Merker It =1 Mr. Hay gave the invocation followed by the members reciting the Pledge of Allegiance to the Flag. �JpJ111111111:111 111111:11 CMWIM - -it III. Old Business Chair Taylor commented the purpose of the meeting was to hear the two RFP proposals. Florida Affordable Housing, Inc. would make their presentation first. Mr. McCray disclosed at the last CRA meeting, he requested he not be contacted, but he received a phone call from Mr. Mack Bernard, which he declined, and a call from Mr. David Katz, who on Wednesday became a lobbyist. Mr. McCray contacted the City Manager and requested he receive a lobbyist form from Palm Beach County and Mr. Katz was on the list by the end of the day, Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 ifls. Brooks, Executive Director, disclosed in 2005, she worked for Neighborhoolt Renaiss?,nce, ffir.nTierker met with Neighborhood Renaissance and did not receive a call from a lobbyist or Auburn. Mack Bernard and Brian Hinners, CEO of Florida Affordable Housing, Inc. and Dwight Stevenson, contractor on the project were present. Mr. Bernard explained the Ocean Breeze RFP was a combination of American Communities, Inc., Florida Affordable Housing, Inc., and a partnership with the CRA. Their Design Construction firm was Forum and the financing team was Boston Financing Team and Florida Housing. The consultants were the Boynton Beach Community Development Corporation and they had a legal team. They perform construction services and property management and have a proven track record in building senior and family affordable housing. Dwight Stephenson, President of D. Stephenson Construction Company, was excited to be present. He and his wife formed the company in 1992 and they live in Delray Beach. He commented their bonding capacity for a single project was $25 million and the aggregate was $100 million. They are able to do repeat business with 90% of their customers. Samples of affordable housing projects they constructed were viewed. There were some mixed-use buildings in Overton, Pahokee and other locations, Brian Hinners, CEO of Florida Affordable Housing Inc., explained they constructed Boynton Bay, which was 240 units for affordable moderate income seniors. He though) that was the most sustainable model to use for Ocean Breeze East as there is a need for affordable senior housing, Boynton Bay has 100% occupancy and a wait list. They constructed this type of housing in Miami, Delray and the Groves of Delray. Boynton Bay won the National Association of Home Builders Award for the finest Senior Affordable Housing project in the country. He expressed they can do this again for Ocean Breeze. As well as bricks and mortar, they have a wealth of experience to bring, They offer activities and services for the seniors, such as home health care and helping them stay in their homes for as long as possible. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 Floribbean-style construction. A final drawing of the project was viewed. The scorin criteria stated parking in the Heart of Boynton was supposed to be in the interior of th project and they placed it on the exterior. It was a gated community, having an offi clubhouse, pool, gazebos and 165 parking spaces, over the required 156. The parkiint was oriented for seniors to have access to the community. lhey proposed to build 90 senior affordable housing units. Forty percent of the units would be one bedroom and 60% would be two-bedroom units. A dog park and well lit open space was incorporated. They believe the conceptual plan was the correct plan because parking would be easier for handicapped seniors or individuals with disabilities to access. The one bedroom would be 656 square feet and the two-bedroom would be 901 square ieet. The rent for the one bedroom was proposed for $765, and the two bedroom would rent for $918, For seniors with very low incomes, the rent would be lower. Conceptual drawings of the buildings were viewed. Mr. Bernard reviewed the median income for Palm Beach County and their financing strategy. The project was over $16 million. They would seek 4% tax credits, so $6.5 million will be used as equity on the project, They would seek project -based vouchers and the S.A.I.L. amount would be $2 million. They would apply for the Federal Home Loan Bank, which was a $500,000 subsidy, $750,000 in pre -development loans and a Bridge loan. The Selection Committee had commented they were requesting over $1 million in infrastructure from the CRA, which they were not. He noted there was $40,000 indicated which they never asked for. Between the total sources and use, the strategy should have over $1.2 million extra. The Selection Committee indicated there would be a $1 million negative impact to the City. They asked for the land to be donated because they were seeking the Palm Beach County HOME Funds, which requires a match which the land could be applied L oxvqr*s. Mr. Bernard explained the proposal included 35% minority participation and they partnered with the Boynton Beach Community Development Corporation as their labor Compliance Coordinator. There would be recruitment efforts working with Dwight Stephenson's Construction Company to ensure residents and minorities from Boynton Beach could apply and work on the project. The goal was to start construction June 1, 2015. Mr. Bernard thanked the Board for the opportunity to present their proposal to create a 90 -unit project in the Heart of Boynton Beach. K Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 $40,000 was CRA loan services. Mr. Bernard explained that was the HOME dollars and it was a misprint. Mr. Bernard explained they were not requesting a loan. Between the _e funding sources and uses, they would have $1.2 million in loans. Mr. Merker inquired how close the nearest medical building, food market and doctor offices would be to the project. Mr. Bernard responded they have partnered with physicians to provide on-site care to residents. Mr. Merker inquired what kind of facilities would be there and if they would be in the clubhouse. He was impressed there would be a medical facility near the project. Mr. Bernard explained it would be in the clubhouse and they would bring physicians and nurses to the residents for care. They could use a sign to designate a portion of the clubhouse or all of Chair Taylor requested confirmation the $1 million was not needed and Mr. Bernarif confirmed he was correct. Chair Taylor mentioned he visited Boynton Bay and ww� impressed. Mr. Fitzpatrick commented he had been to Boynton Bay many times as a firefighter an,$--' paramedic and it was well run. On Saturdays, once in a while, they had medical typi; fairs in the clubhouse. Residents there are handicapped in some way and are living independently. Mr. Hay agreed With the prior comments and inquired about the one and two bedroom ratio. Mr. Bernard explained it could be modified but the one bedroom units would constitute 40% of the project and two bedrooms constituted 60%. The second bedroom could accommodate a family member or other care giver. Mr. Hay noted the buildings on 6th Avenue and asked what kind of buffer would be used. Mr. Bernard intended tq. work with the neighboring owners to improve the area and what buffers would work to create synergy. Vice Chair Casello stated.for the record U mon would be a net gain of $295,000 to the CRA. He liked the 35% minority participation which would be included in the agreement. Vice Chair Casello inquired if parking had to be on the interior because oi' Code. Mr. Bernard commented it would pass Code and it was best for seniors. Mike Rumpf, Planning Director, explained an amendment was in progress. Seacresi Boulevard was intended to have an urban overlay parking amendment, so if a projeel was not developed as a mixed-use project, and this project would, parking needed to be to the rear of the buildings instead of the front. Mr. Bernard commented they would have to go through planning and zoning and they would conform to Code. Vice Chair Casello asked what was the fastest growing population. Mr. Bernard commented it was seniors and they were living longer. The project would fit the area 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 and they. have a proven track record of being successful. They have a wait list for Boynton Bay and the Groves and this project would be occupied quickly. Ms. Brooks explained if they execute a development agreement with the CRA in December, they would need their land for the match for the County HOME Dollars. Mr. Bernard -explained because they could not guarantee the mechanicals for the development agreement, they would request a purchase and sale contract for the land first so they could apply for the HOME Funds. � I III I III I I I I 111 111 �I =111311 M., IWO! IVA IN T; 31111"I'll .'� 112; IMET14.17=—A RMA W Ms. Murray commented # project will increase the real estate tax base, provide community uses, and bring economic development through its construction and office help, They will provide business opportunities to neighborhood residents. The project would att ract 400 new residents to the neighborhood to support local businesses. Families earning $30,000 can afford rent starting 810 a monthr,9,Y,,orda*,Ie to the workforce. - The proposal addressed the goals and strategies in the Heart of Boynton. This was an important project because the downtown and the Heart of Boynton were just beginning to grow. It was important to have the right type of development. 0 Meeting i t Community evel of Agency Board Bo lri 18, 2014 Mr. McCray inquired if there were i cr i s presented to the n r. Michael responded there were none. Vice it Casello asked if : o Renaissance contributing any funds to r j c. Mr. Michael responded would, but they v not yet created it partnership agreement. Mr, Michael commented r e able to sustain the development if they v over billion in loans in past projects. They were seeking million in Increment Financing. is it Casello commented the land was bought for a lot of money years ago and the CRA bonded to y for it, which they were still paying. He thought both presenters r requesting the land which appraised for $500,000. Mr. Michael explained they I o ii their lan n d buildings into rj t. They were in g hard money into the project. Vice Chair Casello requested confirmaflon they were proposing to li strip t n Michael responded r have relocation ra they to I residents in new l . Vice it Casello inquired the r size of the store fronts the retail component f the r I_ Mr. Michael responded i have 40-foot base. Vice Chair Casello noted the same floor size exists in t anas and was concerned, since Las Ventanas fronts due to the size, this v would ll. The price t $12.5 per square foot based on their market analysis. Mr. Michael reached out yo other market owners and felt they v e enough retail to make the j t viable. It also helped having it o rt the project. In some cases, they support their own retail stores for a period time n then sell to operator. These would coffee shops, bike shops and others. They have been operating units next door and had a good experience. They are l ue-add developers. He owns i fill retail strip centers, n if they have good management and cater to the right market, there r problems. i not anticipate there would any issues. They would pre-lease i of the space, and they already spoke to different medical facilities. They hope to bring medical facility to the project fir they it i. Vice it Casello commented liked concept. is it Casello inquired if the project coul y r turn into i i housing. r. Michael responded v r owned such r j ct and they do not overburden themselves wi t. If they have trouble leasing c, they lower the rent. The community will not be gated planned to include in ri ty participation. Mr. Merker liked medical center long-term care is ili issues if the various popuI i i l facility was a significant component development of the other doctors would want to be nearby. Residents could I to their offices. Mr. Hay asked about the int c program, .. is I explainea they I the leasing n maintenance in and they have maintenance teams for their Delray, 7 Meeti tes Commurifty Redevelopment Agency Board Boynton Beach, Florida August U, 2014 Boynton, and Lake Worth projects, They have high standards, and they maintain the units with the same integrity. Their target market is a relatively active middle -age. They did not plan to install an elevator because it was not the best use of the funds. They would have a high-end clubhouse for different events and they planned to use the funds on the amenities side. Mr. Williams explained they design garden -style units which are typically walk-up units. If a senior citizen wants to live there, they can live on the ground floor. Mr. Hinners, explained the tax credit program is extremely sustainable state and federal agencies and three or four other agencies monitor that their performance in management and maintenance. They have about $700,000 in maintenance operating reserves with each development set aside at the beginning of the development for replacement of any item, such as a roof, an air conditioner and even painting and landscaping, Another benefit to the tax credit program was they could reapply for new Lax credits and new equity which can be used to upgrade the development. The price of the units from Hudson Holdings and Neighborhood Renaissance wouK range from $800 to $1,200. Mr. Michael explained the 8% developer fee is the fee to bring the project from dirt t& finished product. Mr. Fitzpatrick noted the owner equity was $2.3 million, and when completed, they would receive $2 million. If the project went bankrupt, he would only be down $300,000. Mr. Michael explained they were financing the project privat- r r ould be unusual to not have a fee to cover their costs. Mr. Fitzpatrick commented there are existing apartments in the City and he inquired if the project would offset them. Mr. Michael responded they would not. Mr. Fitzpatrick had spoken with Neighborhood Renaissance and noted they would need half the TIF funds for 10 years. Mr. Michael explained they ran the calculations and want it to be a viable project. They have their own equity in every deal. The project must be vibrant and viable in order for them to sustain it. Mr. Fitzpatrick expressed his disappointment when he spoke with Ms. Murray that this point was not raised. Ms, Murray explained that information was contained in the proposal and they wanted to present the project and staff would scrutinize the figures. This could be negotiated if they were awarded the development. They were open to working with the City. Mr. Fitzpatrick commented the CRA needs that money for other project and purchases. Mr. Michael commented there is a negotiation process involved and they were contributing funds and property to the project. It was a partnership. Mr. Fitzpatrick commented, without the details, he felt pushed, and from past experience, the CRA takes a hit, He preferred this project, but if those funds were included, he could not support the proposal. Chair Taylor inquired about the completion date and learned Hudson Holdings/ Neighborhood Renaissance would complete the project in about 20 months. Chair 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 Taylor favored this project and Mr. McCray commented the Neighborhood Renaissarre4, project addressed what was requested in District 11. Mr. McCray read an article entitled Delray Beach Redevelopment Agency Turns Down Request For Loan To Revamp Neighborhood' dated August 15, 2014, into the record as follows: "This time the Auburn Group turned to Delray Community Redevelopment Agency Board for money to helprevitalize the Auburn Trace Complex, but with less than a month to commit to lending $700,000, k decided not to hand out any money. There is a need on one hand, said Board Member Annette Gray, who stood before us last Tuesday night, but we are charged with doing this in a rushed fashion. We need time to think. Auburn Group, represented by Mack Bernard said they are pursuing a $1.4 million loan from the Palm Beach County that was announced on August the 3rd. Responses from interested affordable housing developers are due to the County by September P. In March, the group asked the City to negotiation repayment of the $4.2 mon developer owes to Delray. In March, the group asked the City to renegotiate repayment of the $4.2 million the developer owes to Delray, The restructuring would have netted the City $1 mon, covering seven years of payments. The remaining amount would be paid off based on what money is available after all other obligations are accounted for. The deal was approved by a lame duck commission, but then overturned after City officials ruled the renegotiations broke State law. Redevelopment officials said approving the latest request in haste could leave the City vulnerable. Within the time frame, you aren't going to be able to make a prudent decision," said board attorney David Tolces. "Loan applications need to be done in a longer time frame, not expedited." VA SE23 =1 "Good morning Ms. Brooks. I'm sorry I can't attend the meeting about the responses to the RFP for Ocean Breeze East by Florida Affordable Housing and HH Boynton. Below are my comments on the proposals. First I'd like to thank both groups for their first class efforts. I am very pleased to have such highly qualified groups interested in this critical and pivotal development. In the interest of full disclosure, I reported before I met with representatives of HH Boynton and I spoke on the phone with David Katz, now working on behalf of Florida Affordable Housing, although we spoke of nothing substantive because of time constraints on my part. Further I reviewed the proposals and formed my opinions before I 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 ------------------------ — reviewed the scores of the individuals charged with evaluating proposals. Therefore, my conclusions were not influenced by their scores. For simplicity, I grouped my thoughts into three categories. Design - the inclusion of the property adjacent to the CRA property so the entire block could be redeveloped is a clear advantage to HH Boynton. The design provides more than twice as many living units, The inclusion of small retail and a medical building utilizing urban design with structures next to the sidewalk and interior parking are important and exciting elements. Financing - AM Boynton is looking at market rate housing instead of grants and subsidies. The financing is in place while Florida Affordable Housing is uncertain even though Florida Affordable Housing clearly has expertise in obtaining public funding. In this day and age of diminishing grants and subsidies, a trend that will probably continue as decreasing the mass of public debt becomes a necessity, a market rate project has the potential to pioneer additional privately funded projects. Impact - while providing affordable senior housing as Florida Afforfes! li-V Housing proposed is always an admirable goal, this project is key to th'; future of the Heart of Boynton. I believe that the larger, HH Boynton project, with a mixture of residents ranging from toddlers to working people to retirees, and retail medical space will bring much needed vitality into the area. For these reasons, while Florida Affordable Housing's proposal is excellent, I feel the HH Boynton proposal stands head and shoulders above it. Buck." Mr. McCray moved that this RFP/RFQ be awarded to HH Boynton LLC. Mr. Hay seconded the motion. Attorney Spillias explained the next step for the RFP/RFQ after an award is made, is to negotiate a development agreement including all of the financial arrangements. If they do not reach agreement within 180 days, the process starts over, Mr. Merker agreed and will vote for HH Boynton. Each presented their way to finance the project and the reputation of HH B was excellent. W Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 18, 2014 .................... Vice Chair Casello thanked both companies for the presentation and commented them were both Class -A companies. He hoped the company who did not receive the awa would still take an interest in Boynton Beach. Mr. Hay agreed. - 1 0 There being no further business before the Board, Chair Taylor adjourned the meeting 6:33 p.m. /I - �- 6a'61 V"-O"k I Catherine Cherry Minutes Specialist 091114 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON SEPTEMSER 9,2014, AT 6.30 P.W Jerry Taylor, Chair Joe Casello, Vice Chair Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker - - 0 �1; I UZI 'PIN I NITA :i.I LOREN 11 Iffirzi Chair ylr called the meeting to order atp.m. I. Invocation and Pledge to the Flag Mr. Hay gave the invocation followed by Mr. Fitzpatrick leading the members in reciting the Pledge of Allegiance to the Flag. Ill. Roll Call I �i Iff 1 1111111 ME= A. Consideration of Policy on Preliminary Discovery of Requiring all Such Defendants to File the Fact Information Sheet -r lara Duhy, CRA Counsel, explained this item pertained to collectlng on Final Judgments, in reference to enforcing CRA promissory notes. After receiving the Final Judgment on a promissory note, the Court orders debtors to file a Fact Information Sheet reflecting their current financial status which allows the collector to understand how they can collect on a judgment. Often, debtors fail to do this, but the Court could compel the debtor to file the sheet. One option, that is not costly or time consuming, is to file an Ex Parte Motion to Compel which would reinforce the Court's requirement the fact sheet be filed. If the debtor has resources, it would be good information to have about following up on collecting on Final Judgments. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 Mr, McCray moved to accept the option from Legal to file a Motion to Compel. Mr. Hay eeconded the motion that unanimously passed. Attorney Duhy explained this information was obtained from the Florida League of Cities on how public agencies should handle public record requests. Ms. Brooks explained it was useful information submitted for the Board's consideration and it was already distributed to staff. No action from the Board was necessary. Vice Chair Casello inquired if this was the standard and Attorney Duhy commented the information was consistent with Public Records Law, and was a quick reference guide. Complicated issues xyouldAx-fesew-c�-&O, ILAtilml-I.W. Attorney Duhy advised several months ago, staff was asked to research when the CRA would sunset. She advised the Statute governing CRAs does not have a provision it will sunset on a date certain. A sunset date is determined by reading the entire Statute and there are provisions regarding Redevelopment Trust Funds, the required contents of a redevelopment plan and the bonding capacity of the CRA. When read together it infers when a CRA would have its business concluded. It was Counsel's position the CRA would sunset no later than the last amenament of the boundary of the CRA. Since the Statute was not clear, they reviewed the Courts and case law; however, there was no case law. They contacted the Florida Redevelopment Association to see if and how they handled the issue. In August, they received a draft memo from the Florida League of Cities counsel and the Florida Redevelopment Association counsel, that took a restrictive interpretation of the Statute to say it would sunset on the 30th fiscal year following the adoption of the first redevelopment plan, which would be September 30, 2014. Attorney Duhy advised they do not agree with the interpretation as it applies to this CRA. Their recommendation, given the existence of the opinion, is they take steps this month to adopt a time certain in the redevelopment plan to complete their work and eliminate any question on the matter. Mr. Merker advised he researched the matter and spoke with Ms. Waldenburg from Tallahassee. He thought the inconsistency of the FRA was 'interesting, as they did nol have a charter or written outline to define CRAs throughout the State. He thought there should be a common law that regulates this but there was none. The conflict or issue that arose was not the City's fault. The State should define the sunset date. K Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 . ............ . . . ...................... ...... . . . .. . .......................................... . . --.1- .............. . . .. . .......... action the Board would take will clarify the end time certain. It does not impact the existence of the CRA. They were advising the Board to clarify this and eliminate v,uestions. Vice Chair Casello commented this question was brought to the Board's attention March and asked why the information was presented at the 9th hour. The CRA could have legally sunset this month. He contended as the Board's legal representative, counsel should be on top of this. It made the Board to is incompetent. He blamed legal counsel as they should protect and guide the Board. There had been issues with RFPs and now with sunset laws, He commented it was not acceptable. Mr. McCray noted new legal counsel came in after March and this was a housekeeping item. He thought counsel was doing a great job. Mr. Fitzpatrick inquired why they were holding a special meeting, if the matter was not urgent. Chair Taylor explained they wanted to take the steps so no one could argue the CRA should have beei suitset. Mr. Hay did not tnink it was a last minute situation, it was a verbiage issue. He pointed out they would not have needed a CRA if the City had done the right thing and enforced the Codes so areas of the City would not have declined. The City needs the CRA, and the CRA could access funds the City could not. They should ensure the CRA does not sunset in the middle of projects and favored changing the language and extending the deadline to 2044. Chair Taylor requested a motion to accept the Attorney's recommendation to clarify the sunset date. Mr. Merker thought the CRA was doing a wonderful job in the Heart of Boynton and other areas of the City would move forward. 3=6 Discussion of Lease with Adventurous Palate, Inc. d/b/a The Little House NOW"I" N RIN M 0141 14M 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 on Friday. Ms. Benoit will not be in default until she does not pay October's rent, Th-, process requires she would then be notified she will be in default and Ms. Brooks was unsure what would then occur. Attorney Duhy explained Attorney Spillias had provided a memo outlining the CRA's options. If the tenant defaults in October, the CRA could take steps to evict, and file an action tit obtain monetary damages for the lease. In addition to those remedies, the CRA could pursue opportunities to re -lease or sublease the property. Once the rent is not paid, they could commence procedures, but it was unlikely eviction would occur as she planned to leave, Tice Chair Casello requested future leases include a provision to attach personal property of the tenant. Ms. Brooks responded Ms. Benoit did not have any personal property and was about halfway through her lease. Mr. Fitzpatrick thought the restaurant was not viable because of its size and asked how it would be viable for the next tenant. Mr. Merker disagreed and pointed out the East Ocean Caf6, another small business, was getting rave reviews and its success was due to other factors. Ms. Brooks explained Ms. Benoit had cooked out of a truck and was used to small spaces. Chair Taylor agreed and recalled when the lease was given, there was a business plan presented. He was told the best business plan came from Kim Kelly from Hurricane Alley. One suggestion was to sublease the property, which he opposed. Ms. Brooks wanted to have a restaurant designer see if they could add a small kitchen. There are other individuals interested in the premises. Mr. Hay, for the record, agreed with what Chair Taylor recalled. Mr. Buchanan pointed out a step was missing. The night Ms. Kelly made her presentation, the lease was awarded to someone else who could not put the deal together. The Request for Proposals was issued again, and then Ms. Benoit was awarded the lease. He suggested the Board be very judicious next time in dealing with the nuts and bolts to ensure the lease is successful. He also pointed out there are local restaurants that have no air conditioning that are successful having inside and outside seatinR, MEM, � ME E51 A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items k 1115 qrollm��- - �1- 0 �- Mr. Merker spoke with Frank Cerabino, Palm Beach Post Columnist, regarding the proposed rail service and thought there was a lot the Board should learn. Mr. Merker found his column interesting, as he elaborated on the pros and the cons of the service. When this topic comes before the Board, it will be essential for Boynton Beach, Palm Beach County, and the entire State of Florida. He looked forward to the discussion Vice Chair Casello and the City Manager attended a meeting in Boca Raton with 'federal, state and local elected officials about solar homes. It was a very educational i,iscussion about what can be done on a local level up to the federal level. He hoped to get policies in place to protect cities. Mr. Hay announced a 50 -Year Anniversary ot Goodyear on U.S. 1 on Thursday, October 2, 2014, at 4 p.m. Goodyear was planning a celebration and the Chamber of Commerce was involved. He requested the Board members attend and make the City's presence known. He commented businesses in the City open for 50 years were few. The business was also trying to get the Goodyear Blimp in celebration of the event. Ms. Brooks reminded the members about the FRA conference on October 8, 9 and 10 1h in Miami. She was aware some of the members were attending the Public/Private Partnership Conference, but some may want to attend the conference as well. Members interested in attending should let her know so she could register them. She also announced, LeCesse will be approaching the Board in November to discuss an incentive. Ms. Brooks will setfiiO 9,i ei-mvil to-itienters I fUtWer isformation. Mr. Merker attended the service by the Police who were retiring a police dog anio-' commented it was a very nice event. WnTICUTRI-37 !rim the 4 th Sunday in September, He invited all to attend. VIL Announcements &Awards: I Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 .............................. ................... - A, 2014 SunSational Award - 1 st Place to the Boynton Beach CRA for the Promotional Poster — Catch a Free Event (Presented by Florida Festivals Events Association) I Ms. Brooks explained the CRA won First Place for the Catch a Free Event poster. Th4 award was unexpected and the Board congratulated staff. Ms. Brooks explained the marketing budget was increased and had an improved image. Being recognized by the Association was proof it was occurring. Mr. McCray commented he drove down Ocean Avenue and the Pirate Fest signs look good. Vill. ConsentAgenda: agoaum gmcfj I a nla�� Mr. Mer moved to approve. Mr. McCr seconded the motion that unanimously passed, IX. Pulled Consent Agenda Items: a BCRA Development Project Update: Boynton Harbor Marina Harbor Master Building Project WN-7AWN =-- rorIMM "s 10*1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 mnmlfl�_ - �11 Rl. Public Comments: (Note: comments are limited to 3 minutes in duration) David Katz, 67 Midwood Lane, explained an August 14 Ih newspaper article was incorrect and pointed out he registered with the County as a Lobbyist for Florida Affordable Housing because it was ethical, although not required. He noted members of Neighborhood Renaissance, including Mark Karageorge, had not registered. At the August 12 Ih meeting when Mr. Merker questioned whether he was a lobbyist, neither Ms. Brooks or Attorney Spillias advised him they were not required to because the CRA was not governed by the County's Ordinance. Mr. Merker also had not made the same inquiry of Mr. Karageorge, or anyone else from Neighborhood Renaissance. Mr. Katz explained it was common knowledge Mr. Merker and Mr. Karageorge socialize together. Mr, Katz suggested the Board should be concemed Ms. Brooks had helped Mr. Karageorge gain employment through her relationship with Neighborhood Renaissance. When this occurred, Mr. Karageorge was a Board member who rated Ms. Brooks' performance and voted on her raises. He noted the Board requires staff disclosures at each meeting, When Mr. Karageorge resigned from the Board during the May 13 th meeting, he cited conflicts of interest with his employer, Neighborhood Renaissance. At the August 12 th meeting, Ms. Brooks disclosed she had been employed by Neighborhood Renaissance and Mr. Katz felt she should have disclosed the relationship at the May meeting, He asserted Ms. Brooks was on the selection committee, but removed herself from it after questions were raised, She supplied incorrect information with regard to the economic impact each proposal would have on the CRA regarding the Ocean Breeze project and although she sent a correction, the story was already published. He felt awarding the RFP to Neighborhood Renaissance and Hudson Holdings was a great injustice. 0000IM75=11 A. Consideration of Resolution 14-06 to Amend the CRA Plan to Clarify Time Certain for the Completion of CRA Projects Mr. Fitzpatrick moved to approve. Mr. Hay seconded the motion that unanimously passed. h Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 - -------------- --------------- -- XIII. Old Business: A. Consideration of Resolution No. 14-05 Adopting the CRA Budget for FY 2014 Susan Harris, Finance Director, explained the budget was the same as was presented August 7 th except for one change. There was property acquired between then and this meeting and she needed to reduce the rollover funds for property purchases in next year's budget by $92 thousand to reflect that purchase. This item requested the Board review and approve the budget and corresponding resolution, subject to the City Commission's approval and ratification. PRIN: A. Consideration of Cone of Silence Policy for RFPs, RFQs and Invitations to Bid W1 It RII R Rd Mr, I A 1011111 WLIJ I rZ 1 WAI ww - INUMM Mr. Buchanan favored the Cone of Silence as written. Anything that was presented -ft the Board should be presented in public. He thought the information and presentations should be sufficie-it for fte Board to tiate-decis-io-ts. Vice Chair Casello agreed with Mr. Buchanan. The item should be discussed in Chambers and not in back rooms with developers. Mr. Fitzpatrick was unclear and thought it dealt more with contracts and not developers. Ms. Brooks explained the CRA often issues RFP's for land and deals with developers. The Cone of Silence was designed to coverall those kinds of projects. Mr. Fitzpatrick's concerns were they were dealing with two different Cones of Silence between the City and CRA. Unless something occurred, he did not see a need for the Cone of Silence for the CRA. 11 OUTRUN 11111IIIIIIIIII, Ms. Brooks clarified the Cone of Silence starts when the RFP is issued and there should be no discussion about it until presented. L -*1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 Mr. Buchanan observed if they do not have a Cone of Silence consistent with the City's, and developers lobby City Commission members as CRA members, and since the City Commission has to approve the project, the City's Cone of Silence is practically violated. The policies must be consistent, Mr. McCray wanted to be consistent, but to ensure all were on the same page, he agreed with the Cone of Silence. Vice Chair Casello moved to accept the Cone of Silence. Mr. Hay seconded the motion that passed 5-2 (Messrs. Merker and Fitzpatrick dissenting.) The way Mr, Fitzpatrick read the first line was if they send an email to a developer, they can respond. Ms. Brooks explained they can only respond to the person outlined in the RFP or invitation to bid listed as the contact person, not Commissioners or Board Members. Mr. Fitzpatrick read it applied except for written correspondence. Attorney Duhy interpretted it the way Ms. Brooks explained. In every RFP, a contact person is identified who could respond to questions, and questions and answers are usually published as an addendum to the RFP. Mr. Fitzpatrick commented someone from the County told him as long as It was written correspondence, he could speak with County Commissioners during the Cone of Silence. Attorney Duhy agreed to research the matter. Chair Taylor thought doing so was the same as talking and "correspondence" included email. FIf ri I a UT—M I -T M ,- .1.1 A Mr. Merker thought overseeing and planning for development in the City was a difficull position. Ms. Brooks could only initiate projects and does not have a crystal ball to see the outcome. She works 24 -hours a day, seven days a week. Meeting Minutes Community Redevelopment Agency Board Boynton B each, Florida September 9, 2014 . ..... . . ...... . .................... - Mr. McCray explained when he evaluated the executive director, he only worked with her five months, but clarified he had previously worked with her. He favored giving her 3% because City employees received 3%. He expressed Ms. Brooks was one in a no -1. Mr. Buchanan agreed with the last two comments. She did an outstanding job and he favored a 3% increase. Vice Chair Casello commented Ms. Brooks does a great job; however, in the 14 monthc- he has been on the Board, other than the Marina which was in place before he wa,--: elected and the parking lot, he did not see much occurring. He agreed there were many projects in the pipeline, but they have not yet been constructed. He noted they were still in negotiations regarding 500 Ocean Avenue, which had deals that fell apart, another on Seacrest with Hudson they are going to negotiations, and a Dollar Store that had not yel pulled permits. He opined there were several "maybe" projects. Vice Chair Casello noted they spent a lot of money to bundle property, but wanted to see progress and that was how people benchmark progress. He agreed Ms. Brooks did a great job managing the CRA, but preferred to wait another six months before he gave her another raise. He wanted to see actual shovels in the ground. Ms. Brooks explained Family Dollar just received final approval from the City Commission. The development process is about a two-year process from concept to shovel ready. She does not control the time line and she tries to match the dirt to the developer and excite people to develop in the CRA District. Bundling property was how to get a project done. There are projects in the plans stage that need to be bundled in order to make them come to fruition. The CRA has made much progress. They constructed 21 homes and a total of 34 new homes in the Heart of Boynton. The Marina, which used to be deplorable, would be the epicenter of the entire GRA District, which was in the original CRA plan. They did not bond for it. They budgeted for it year after year, and it was almost finished. They spent millions of dollars on it and it will attract new investments. Each day, Ms. Brooks speaks with developers. She cannot force developers or property owners to lower their price; she can only offer incentives to the extent the Board approves them. Mr. Hay expressed they were a long way from where they used to be. He was thankful for the "maybes" and favored a 3% raise. The CRA had received several awards. Since he has been on Board, he has never been as close to these projects as now. He thought the Board must acknowledge what Ms. Brooks accomplished and supported 3%. ffir. Fitzpatrick explained when he was elected, there was some turnover in staff arrf' each one was an improvement. Things were moving in a positive direction. Hiz Rol Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 reminded all they just came out of the worst economic downturn in years. He agreed it was about 18 months from concept to construction. He favored 3%. Vice Chair Casello noted they already compensated the Director 3% for the 21 homes and the Marina. Mr. Hay explained in order to make those projects possible, they had to join with the City and ensure they had enough land. Through the efforts of Ms. Brooks and staff, they obtained the land and she should be rewarded. iZ 0 - - 0 # - . # 00 a - - - , 2 W a L0141OWWWW'Wiffill. . � a 9 - - - - 4 a NM 14IRS-1Woo SEE T Mo IMET129211139M MIMMEME SMOON '- I '- . ..I I programs for full-service restaurants, meaning open for lunch and dinner and having ?eating for 50 people indoors and outdoors. There is a lot of interest in the programs, f-ind Las Ventanas and Casa Costa do not offer any build -out assistance. She noter-4 restaurants bring a lot of activity to a downtown at night. Chair Taylor noted they need to have two full-time employees to receive the maximum assistance and inquired how a restaurant could open without at least two full-time positions, those being a manager and a cook. Ms. Brooks clarified it could be an equivalent, such as four part time positions, Ms, Brooks pointed out it was a reimbursement grant. They have to spend their own money before they get CRA money. They do not get the funds up front. 0 111911116"WOM IIII - 1 -0 Ms. Brooks explained they have people looking at two restaurants and they were in a hurry. is Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 . . ........ — ------ Mr. Mer seconded the motion Mr. Buchanan agreed with Chair Taylor. It should be three or four positions created. is Chair Casello and Mr. Hay agreed. Chair Taylor called for a vote to table the it which unanimously failed. Motion Mr. Buchanan moved to accept it with a change to four employees. Mr. Merker seconded the motion that unanimously passed. b. Commercial Interior Build-Out Motion Mr. Buchanan requested changing the Interior Build-Out Grant to four full-time empI oyees. Mr. Merker seconded the motion that unanimously passed. D Consideration of Marina Slip Lease Renewal Ms. Brooks explained the only change was adding language permitting Slip tenants to only park for 15 minutes. Tenants were parking in the spaces meant for the public to access. Staff intended to give them a warning the first time and tow them the next. It was a problem and they wanted it in the rules to be enforced. It was explained tenants wouI d be notified of the change if their lease was approved and Marina Management would enforce it. The tenant would receive a warning placed on it vehicle and staff would work with a tow company. Mr. McCray suggested collecting $25 and after that, they be towed. Ms. Brooks explained it was a difficult situation. It was a private road, so police could not ticket them. Staff wanted three strikes before towing. Mr. Hay asked how staff came up with the 15-minute requirement. Ms. Brooks explained they were unloading rods, reels and dive equipment. The tenants park there aII day long and people who want to fish or dive have no place to unload. Mr. McCr requested revisiting the matter in three months to see how it was working. is Chair Casello inquired why staff was not increasing the rents to $16 per linear foot. Ms. Brooks explained there would be complaints there is construction occurring and it was disturbing the businesses. After construction was complete, staff will conduct an analysis of other Marinas and suggest to the Board what they think would be a fair rent and the Board can decide to subsidize it or not. Currently, they are subsidized and 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 there was a discount on the gas. At some point, it will be a top notch Marina, When it was completed there would be no more subsidies. M. Buchanan moved to approve the lease. Mr. Hay seconded the motion that unanimously passed. E Consideration for the Subordination of CRA's Mortgage for HAP Recipients Arden and Sandra Gayle 111s. Brooks explained the Gayles were still in their home and paying, but wanted to lower their interest rate. To obtain the lower rate, they had to obtain Board approval. Mr. McCray moved to approve. Mr. Buchanan seconded the motion that unanimously passed. FReview of CRA's Property Acquisition Relocation Policy This item was at the request of a Board member regarding the Nathaniel Robinson home purchase. Ms. Brooks advised she pulled the Housing and Urban Developmen'l (HUD) guidelines on relocation assistance. She recommended they adopt the HUD uniform relocation assistance moving cost schedule based on the year, and the room size. The chart listed the moving costs which would eliminate negotiating back and forth. The guidelines speced they would pay $550 for one room, $700 for two rooms, $870 for three 3 rooms, and $1,050 for four rooms. Ms. Brooks recommended paying for the moving expenses only. If the CRA purchased a property with a rental tenant in it, she recommended the CRA pay the moving, plus the first, last and security. There would be no payments for water and cable hookups. As to hardship cases, Ms. Brooks recommended they take the average market rent for each apartment size and pay first, last, and security and that was all. ffis. Brooks explained sometimes there are too many people in the house as defined by Code. When purchasing those properties, they did not want to relocate the family into the same situation, They had to give them enough to relocate into an apartment that was the right -sized housing. = TtIll 1 1:11, ''Ji 1 011 IN I ITTJ M., Chair Taylor commented liked the assistance given under the HUD guidelines, not by how many people were in the home. iN Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 Mr. McCray moved to approve the acquisition/relocation policy using the HUD guidelines Ms. Brooks explained they were paying moving costs. If they did not include first, last and security, they would have to evict. This pertained to landlords having tenants. Mr. McCray moved to approve the relocation guidelines using the HUD guidelines including first, last, and security for comparable size. The motion was duly seconded and unanimously passed. Ms. Brooks advised there were new businesses in the CRA as listed in the meeting backup. ITIMITION "-,. Vice Chair Casello noted the holistic dog center was moving slowly and the contractor did not seem to be committed to this project. He inquired if there was a timeline. Ms. Brooks explained they could only draw down on CRA money after they spend theirs, She looked at the property and quite a bit of work was done, the windows were in and completion was not that far off. Landscaping was needed and Ms. Brooks anticipated the Center was perhaps a month away from opening, Mr. Merker responded to Mr. Katz's earlier statements about a reporter and commented Mr. Katz has a habit of hurting people. Mr. Merker thought it was deplorable when a person abuses another citizen who was only trying to do their job. He found it offensive and distasteful, and requested if it occurred again, Mr. Katz be removed, W Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 9, 2014 XV1. Future Agenda Items: �` �111 `+� There being no further business to discuss, Chair Taylor adjourned the meeting at 7-.57 P. M. Catherine Cherry Minutes Specialist 091214 w IN 0 1' ! • � � - Agenda Business SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending September 30, 2014. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve monthly financial report. Susan Harris Finance Director T:VAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\October 20141Financial Report.docx 9-19-2014 03:13 PM 01 -GENERAL FUND FINANCIAL SUMMARY REVENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 $c OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 7,022,000 7,022,000 1,000,000 1,000,000 0 0 0 0 300,000 779,254 6,322,000 8,801,254 0.00 7,022,119.00 0.00 $ 119.00) 0.00 35,419.44 1,168,805.99 0.00 ( 168,605.99) 16.88- 0.00 4,874.41 0.00 ( 4,874.41) 0.00 516.61 30,068.63 0.00 ( 30,068.83) 0.00 0.00 0.00 0.00 779,254.00 100.00 35,936.05 8,225,668.23 0.00 575,3B5.77 6.54 22,250 22,250 604.94 12,342.30 1,184.42 8,723.28 39.21 210,337 210,337 9,602.95 190,865.03 0.00 19,471.97 9.26 177,185 177,185 6,758.80 162,009.28 0.00 15,175.72 8.56 100,700 100,700 0.00 92,800.67 0.00 7,899.33 7.84 252,000 252,000 4,364.25 137,296.28 61,596.67 53,107.05 21.07 109,320 129,320 4,070.52 104,553.30 0.00 24,766.70 19.15 395,027 395,027 25,673.02 230,526.28 38,820.75 125,679.97 31.82 1,000,000 1,000,000 65,220.59 1,113,444.35 0.00 ( 113,444.35) 11.34- 52,450 52,450 1,207.90 42,109.02 5,700.41 4,640.57 8.65 25,000 25,000 0.00 0.00 0.00 25,000.00 100.00 121,750 121,750 8,049.28 106,525.47 0.00 15,224.53 12.50 103,273 103,273 889.85 51,621.56 0.00 51,651.42 50.01 236,051 236,051 34,022.94 196,481.71 0.00 39,569.29 16.76 1,519,179 1,519,179 0.00 1,519,178.00 0.00 1.00 0.00 3,997,476 4,456,732 459,254.00 4,456,732.00 0.00 0.00 0.00 8,322,000 8,801,254 619,919.04 8,416,485.27 107,302.25 277,466.48 3.15 0 0 583,982.99)=; 190,617.04)( 107,302.25) 297,919.29 0.00 WE 9-19-2014 03:13 PM BOYNTON ]BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS 7,022,000 7,022,000 0.00 7,022,119.00 0.00 ( 119.00) 0.00 TOTAL T.I.F.INCOME 7,022,000 7,022,000 0.00 7,022,119.00 0.00 ( 119.00) 0.00 MARINA RENT & GRANT INC 01-42115 MARINA RENTS 100,000 100,000 0.00 108,647.74 0.00 { 8,647.74) 8.65- 01--42116 MISCELLANEOUS RENTS FRO PROPE 0 0 1,303.75 14,363.73 0.00 ( 14,363.73) 0.00 01-42117 MARINA FUEL SALES 900,000 900,000 34,115.69 1,045,017.31 0.00 ( 145,017.31) 16.11- 01-42118 MARINA MISC INCOME 0 0 0.00 777.21 0.00 ( 777.21) 0.00 TOTAL MARINA RENT & GRANT INC 1,000,000 1,000,000 35,419.44 1,168,805.99 0.00 { 166,805.99) 16.88- MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME 0 0 0.00 4,874.41 0.00 ( 4,874.41) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 4,874.41 0.00 ( 4,874.41) O.dO CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0 516.61 30,068.83 0.00 ( 30,068.83) 0.00 TOTAL MISCELLANEOUS 0 0 516.61 30,0458.83 0.00 ( 30,066.83) 0.00 OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES 300,000 779,254 0.00 0.00 0.00 779,254.00 100.00 TOTAL OTHER FINANCING SOURCES 300,000 779,254 0.00 0.00 0.00 779,254.00 100.00 TOTAL REVENUES 8,322,000 6,801,254 35,936.05 8,225,868.23 0.00 575,385.77 6.54 -2- 9-19-2014 03:13 P 01 -GENERAL FUND LEGISLATIVE DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 01-51010-216 ADVERTISING & PUBLIC NOTI 01-51010-225 ASSOC. MEETINGS & SEMINAR 01-51010-227 DELIVERY SERVICES _ TOTAL PURCHASED/CONTRACT SERV 21,150 ORIGINAL BUDGET 7,500 5,000 8,250 400 SUPPLIES 01-51010-310 OFFICE SUPPLIES 500 01-51010-340 CELLULAR PHONES 600 TOTAL SUPPLIES 1,100 TOTAL LEGISLATIVE 22,250 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 OF AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 7,500 0.00 2,315.58 1,184.42 5,000 419.58 5,264.88 0.00 8,250 72.34 3,448.35 0.00 400 81.83 387.89 0.00 21,150 573.75 11,416.70 1,184.42 500 0.00 529.47 0.00 600 31.19 396.13 0.00 1,100 __. .... _ 31.19 925.60 0.00 22,250 604.94 12,342.30 1,184.42 -3- 4,000.00 53.33 264.88) 5.30- 4,801.65 58.20 12.11 3.03 8,548.88 40.42 29.47) 5.89- 203.87 33.98 174.40 15.85 8,723.28 39.21 9-19-2014 03:13 PM O1 -GENERAL FUND ADMINISTRATIVE ORIGINAL DEPARTMENTAL EXPENDITURES BUDGET BOYNTON BEACH CRA REVENUE EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 AMENDED MONTHLY YEAR-TO-DATE BUDGET ACTIVITY BALANCE n OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 181,860 181,860 7,109.97 175,448.86 0.00 6,411.14 3.53 01-51230-115 CAR ALLOWANCE 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 TOTAL PERSONNEL SERVICES 184,860 184,860 7,109.97 175,448.96 0.00 9,411.14 5.09 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 9,000 9,000 0.00 4,330.01 0.00 4,669.99 51.89 01-51230-226 MEMBERSHIP DUES 4,310 4,310 1,995.00 5,302.51 0.00 { 992.51) 23.03- 01-51230-227 DELIVERY SERVICES 750 750 0.00 343.55 0100 406.45 54.19 01-51230-229 CAREER DEVELOPMENT 2,250 2,250 0.00 649.00 0.00 1,601.00 71,16 TOTAL PURCHASED/CONTRACT SERV 16,310 16,310 1,995.00 10,625.07 0.00 5,684.93 34.86 SUPPLIES 01-51230-310 OFFICE SUPPLIES 1,500 1,500 114.07 1,499.78 0.00 0.22 0.01 01-51230-315 POSTAGE 2,500 2,500 231.99 2,273.52 0.00 1,226.48 49.06 01-51230-340 CELLULAR PHONES 2,062 2,062 151.92 1,325.97 0.00 736.03 35.69 01-51230-355 SUBSCRIPTIONS 605 605 0.00 364.39 0.00 240.61 39.77 01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 137.46 0.00 362.54 72.51 TOTAL SUPPLIES 7,167 7,167 497.98 4,601.12 0.00 2,565.88 35.80 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 2,000 2,000 0.00 169.96 0.00 1,810.02 90.50 TOTAL CAPITAL EXPENDITURES 2,000 2,000 0.00 189.98 0.00 1,810.02 90.50 DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 210,337 210,337 9,602.95 190,865.03 0.00 19,471.97 9.26 -4- 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND FINANCE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES 165,335 165,335 6,359.01 157,037.09 TOTAL PERSONNEL SERVICES 165,335 165,335 6,359.01 157,037.09 PURCHASED/CONTRACT SERV 5.02 0.00 8,297.91 5.02 01-51325-200 CONTRACTUAL EXPENSE 200 200 0.00 175.00 01-51325-201 BANK FEES 1,000 1,000 0.00 175.29 01-51325-225 ASSOC. MEETINGS & SEMINAR 2,150 2,150 88.60 1,079.69 01-51325-226 MEMBERSHIP DUOS 620 620 0.00 565.00 01-51325-227 DELIVERY COSTS 500 500 0.00 152.53 01-51325-229 CAREER DEVELOPMENT 3,000 3,000 0.00 150.63 TOTAL PURCHASED/CONTRACT SERV 7,470 7,470 88.60 2,298.14 SUPPLIES 0.00 1,705.95 38.95 01-51325-310 OFFICE SUPPLIES 1,500 1,500 0.00 1,499.36 01-51325--340 CELLULAR PHONES 780 780 24.70 260.85 01-51325-355 SUBSCRIPTIONS 1,100 1,100 0.00 185.79 01-51325-360 BOOKS & PUBLICATIONS 700 700 0.00 441.56 01-51325-365 OFFICE PRINTING COSTS 300 300 286.49 286.49 TOTAL SUPPLIES 4,360 4,380 311.19 2,674.05 CAPITAL EXPENDITURES TOTAL FINANCE 177,185 177,185 6,758.80 162,009.28 -5- 0.00 15,175.72 8.56 W OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 8,297.91 5.02 0.00 8,297.91 5.02 0.00 25.00 12.50 0.00 824.71 82.47 0.00 1,070.31 49.78 0.00 55.00 8.87 0.00 347.47 69.49 0.00 2,849.37 94.98 0.00 5,171.86 69.24 0.00 0.64 0.04 0.00 519.15 66.56 0.00 914.21 83.11 0.00 258.44 36.92 0.00 13.51 4.50 0.00 1,705.95 38.95 0.00 15,175.72 8.56 9-19-2014 03:13 PM 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE -_' EXPENDITURES REPORT (UNAUDITED) AS OP: SEPTEMBER 30TH, 2014 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 1,250 1,250 01-51410-213 GENERAL PROPERTY COVERAGE 99,450 99,450 TOTAL PURCHASED/CONTRACT SERV 100,700 100,700 TOTAL INSURANCES 100,700 100,700 0.00 4,829.78 0.00 87,970.89 0.00 92,800.67 0.00 92,800.67 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 ( 3,579.78) 286.38- 0.00 11,479.11 11.54 0.00 7,899.33 7.84 0.00 7,899.33 7.84 9-19-2014 03:13 PM 01 -GENERAL FUND PROFESSIONAL SERVICES DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 137,000 137,000 4,231.25 67,537.50 45,662.50 01-51420-201 CONTRACT LEGAL 100,000 100,000 0.00 61,438.78 9,754.17 01-51420-204 CITY STAFF COSTS 15,000 15,000 133.00 8,320.00 6,180.00 TOTAL PURCHASED/CONTRACT SERV 252,000 252,000 4,364.25 137,296.28 61,596.67 TOTAL PROFESSIONAL SERVICES 252,000 252,000 4,364.25 137,296.28 61,596.67 -7- 23,800.00 17.37 28,807.05 26.81 53,107.05 21.07 53,107.05 21.07 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL, FUND PLANNING g OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET AC'T'IVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 95,000 95,000 3,653.80 91,450.61 0.00 3,549.39 3.74 TOTAL PERSONNEL SERVICES 95,000 95,000 3,653.80 91,450.61 0.00 3,549.39 3.74 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 5,320 25,320 300.00 10,176.01 0.00 15,143.99 59.81 01-51440-226 MEMBERSHIP DUES 1,000 1,000 0.00 729.00 0.00 271.00 27.10 01-51440-227 DELIVERY SERVICES 300 300 0.00 76.82 0.00 223.18 74.39 01-51440-229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 0.00 1,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 8,120 28,120 300.00 10,961.83 0.00 17,138.17 60.95 SUPPLIES 01-51440-310 OFFICE SUPPLIES 1,500 1,500 10.07 947.63 0.00 552.37 36.82 01-51440-340 CELLULAR PHONES 900 900 40.40 897.48 0.00 2.52 0.28 01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00 01-51440-365 OFFICE PRINTING COSTS 3,500 3,500 66.25 275.75 0.00 3,224.25 92.12 TOTAL SUPPLIES 6,200 6,200 116.72 2,120.86 0.00 4,079.14 65.79 CAPITAL EXPENDITURES -.......... ..... .- TOTAL PLANNING 109,320 129,320 4,070.52 104,553.30 0.00 24,766.70 19.15 -8- 9-19-2014 03:13 PM BOYNTON BEAC]{ CRA REVENUE 1 EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND BUILDINGS & PROPERTY % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 2,500 2,500 249.91 1,174.64 0.00 1,325.36 53.01 01-51620-201 PROPERTY TAXES & ASSOC. D 75,000 75,000 1,982.00 22,961.55 30,500.00 21,538.45 28.72 01-51620-205 RENTAL OF OFFICES 87,000 87,000 7,359.20 84,356.25 0.00 2,643.75 3.04 01-51620-208 EQUIPMENT LEASES 10,000 10,000 730.47 5,556.58 1,505.11 2,938.31 29.38 01-51620-209 PROPERTY MAINTENENCE COST 188,527 188,527 12,782.41 96,584.63 6,815.64 85,126.73 45.15 01-51620-224 SIGNAGE 15,000 15,000 1,220.00 8,107.62 0.00 6,892.38 45.95 TOTAL PURCHASED/CONTRACT SERV 378,027 376,027 24,323.99 218,741.27 38,820.75 120,464.98 31.87 SUPPLIES 01-51620-325 ELECTRICITY COSTS 10,000 10,000 1,251.69 5,702.91 0.00 4,297.09 42.97 01-51620-326 WATER CHARGES 7,000 7,000 297.34 6,082.10 0.00 917.90 13.11 TOTAL SUPPLIES 17,000 17,000 1,549.03 11,785.01 0.00 5,214.99 30.66 DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY 395,027 395,027 25,873.02 230,526.28 38,820.75 125,679.97 31.82 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND MARINA %, OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 ORIGINAL AMENDED MON'T'HLY YEAR-TO-DATE DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE PURCHASED/CONTRACT SERV 30.36 0.00 22,301.06 9.76 01-51630-200 CONTRACTUAL 500 500 0.00 450.00 01-51630-209 PROPERTY MAINTENENCE 35,800 35,800 235.00 23,930.97 01-51630-241 MARINA FUEL MANAGEMENT 158,000 158,000 13,166.67 158,000.04 01-51630-242 MARINE FUEL STATION OVERH 34,200 34,200 133.72 23,817.93 TOTAL PURCHASED/CONTRACT SERV 228,500 228,500 13,535.39 206,198.94 SUPPLIES 01-51630-310 OFFICE SUPPLIES 500 500 18.08 271.72 01-51630-325 ELECTRIC COSTS 15,400 15,400 953.80 9,499.83 01-51630-326 WATER COSTS 2,100 2,100 144.10 2,319.47 01-51630-327 GASOLINE & DEISEL FUEL PU 741,500 741,500 49,385.54 883,470.32 01-51630-32B MARINA DIESEL SALES TAX 12,000 12,000 1,183.68 11,684.07 TOTAL SUPPLIES 771,500 771,500 51,685.20 907,245.41 CAPITAL EXPENDITURES --------------------- TOTAL MARINA 1,000,000 1,000,000 65,220.59 1,113,444.35 %, OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 50.00 10.00 0.00 11,869.03 33.15 0.00 ( 0.04} 0.00 0.00 10,382.07 30.36 0.00 22,301.06 9.76 0.00 228.28 45.66 0.00 5,900.17 38.31 0.00 ( 219.47) 10.45- 0.00 ( 141,970.32) 19,15- 0.00 315.93 2.63 0.00 { 135,745.41) 17.59- 0.00 ( 113,444.35) 11,34- 9-19-2014 03.13 PM 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE PURCHASED/CONTRACT SERV 1,799.99 0.00 01-51650-200 CONTRACTUAL EXPENSE 3,000 3,000 01-51650-210 CITY IT SUPPORT 24,000 24,000 01-51650-211 COMPUTER SOFTWARE & LICEN 1,200 1,200 01-51650-212 FINANCIAL SOFTWARE MAINTE 8,500 8,500 TOTAL PURCHASED/CONTRACT SERV 36,700 36,700 SUPPLIES 1,503.60 25.06 01-51650-330 TELEPHONE LINES 6,000 6,000 TOTAL SUPPLIES 6,000 6,000 CAPITAL EXPENDITURES 4,640.57 8.85 01-51650-400 EQUIPMENT COSTS 9,750 9,750 TOTAL CAPITAL EXPENDITURES 9,750 9,750 TOTAL COMMUNICATIONS & TECHNOLO 52,450 52,450 0.00 1,799.99 0.00 16,679.87 0.00 1,200.00 750.00 8,455.96 750.00 28,335.82 407.90 4,496.20 407.90 4,496.20 50.00 9,277.OD 50.00 9,277.00 1,207.90 42,109.02 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 1,200.01 40.00 5,700.41 1,419.72 5.92 0.00 0.00 0.00 0.00 44.04 0.52 5,700.41 2,663.77 7.26 0.00 1,503.80 25.06 0.00 1,503.60 25.06 0.00 473.00 4.85 0.00 473.00 4.85 5,700.41 4,640.57 8.85 9-19-2014 03;13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND CONTINGENCY MONTHLY YEAR-TO-DATE ACTIVITY BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 &- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 25,000.00 100.00 0.00 25,000.00 100.00 0.00 25,000.00 100.00 ORIGINAL AMENDED DEPARTMENTAL EXPENDITURES BUDGET BUDGET PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 25,000 25,000 TOTAL PURCHASED/CONTRACT SERV 25,000 25,000 TOTAL CONTINGENCY 25,000 25,000 MONTHLY YEAR-TO-DATE ACTIVITY BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 &- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 25,000.00 100.00 0.00 25,000.00 100.00 0.00 25,000.00 100.00 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND MARKETING $ OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 75,000 75,000 2,684.65 68,637.41 0.00 6,362.59 8.48 TOTAL PERSONNEL SERVICES 75,000 75,000 2,884.65 68,637.41 0.00 6,362.59 8.48 PURCHASED/CONTRACT SERV 01-57400-216 ADVERTISING & PUBLIC NOTI 6,000 6,000 1,440.00 5,205.00 0.00 795.00 13.25 01-57400-218 ANNUAL REPORT & BROCHURES 5,000 5,000 945.00 4,987.12 0.00 12.88 0.26 01-57400-225 ASSOC. MEETINGS & SEMINAR 3,820 3,820 317.37 1,802.32 0.00 2,017.68 52.82 01-57400-226 MEMBERSHIP DUES 825 825 0.00 1,600.00 0.00 =' 775.00} 93.94- 01-57400-227 DELIVERY SERVICES 5,000 5,000 0.00 327.32 0.00 4,672.68 93.45 01-57400-229 CAREER DEVELOPMENT 1,500 1,500 0.00 1,089.72 0.00 410.28 27.35 01-57400-236 PHOTOGRAPHY / VIDEOS 15,000 15,000 2,320.00 14,916.00 0.00 82.00 0.55 TOTAL PURCHASED/CONTRACT SERV 37,145 37,145 5,022.37 29,929.48 0.00 7,215.52 19.43 SUPPLIES 01-57400-310 OFFICE SUPPLIES 1,500 1,500 22.26 989.97 0.00 510.03 34.00 01-57400-340 CELLULAR PHONES 1,080 1,080 120.00 1,080.00 0.00 . 0.00 0.00 01-57400-355 SUBSCRIPTIONS 1,025 1,025 0.00 963.67 0.00 61.13 5.96 01-57400-365 OFFICE PRINTING COSTS 6,000 6,000 0.00 4,924.74 0.00 1,075.26 17.92 TOTAL SUPPLIES 9,605 9,605 142.26 7,958.56 0.00 1,646.42 17.14 DEPRECIATION & AMORT TOTAL MARKETING 121,750 121,750 8,049.28 106,525.47 -13- 0.00 15,224.53 12.50 9-19-2014 03:13 PM 01 -GENERAL FUND SPECIAL EVENTS DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 , OF ORIGINAL AMENDED MONTHLY YEAR -TD -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 90,618 90,618 769.25 48,407.86 0.00 42,210.14 46.58 TOTAL PERSONNEL SERVICES 90,618 90,618 769.25 48,407.86 0.00 42,210.14 46.58 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 4,800 4,800 0.00 793.24 0.00 4,006.76 83.47 01-57500-226 MEMBERSHIP DUES 425 425 0.00 225.00 0.00 200.00 47.06 01-57500-229 CAREER DEVELOPMENT 1,500 1,500 0.00 758.63 0.00 741.37 49.42 TOTAL PURCHASED/CONTRACT SERV 6,725 6,725 0.00 1,776.87 0.00 4,948.13 73.58 SUPPLIES 01-57500-310 OFFICE SUPPLIES 1,500 1,500 90.60 1,000.78 0.00 499.22 33.28 01-57500-340 CELLULAR PHONES 1,680 1,680 30.00 436.07 0.00 1,243.93 74.04 01-57500-355 SUBSCRIP`T'IONS 250 250 0.00 0.00 0.00 250.00 100.00 TOTAL SUPPLIES 3,430 3,430 120.60 1,436.85 0.00 1,993.15 58.11 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 TOTAL CAPITAL EXPENDITURES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 103,273 103,273 889.85 51,621.58 0.00 51,651.42 50.01 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND EMPLOYEE BEBEFITS 96 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY ---------------- BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-59000-151 F.I.C.A. 37,685 37,685 1,288.15 33,540.80 0.00 4,144.20 11.00 01-59000-152 MEDICARE 8,814 8,814 294.24 7,682.00 0.00 1,132.00 12.84 01-59000-153 RETIREMENT PLAN 401(a) 92,174 92,174 26,859.00 82,273.00 0.00 9,901.00 10.74 01-59000-154 WORKERS COMP INSURANCE 2,500 2,500 0.00 1,920.51 0.00 579.49 23.18 01-59000-155 HEALTH INSURANCE 70,560 70,560 5,128.34 65,270.64 0.00 5,289.36 7.50 01-59000-156 DENTAL INSURANCE 2,913 2,913 206.36 2,627.17 0.00 285.83 9.81 01-59000-157 LIFE INSURANCE 713 713 41.05 527.95 0.00 185.05 25.95 01-59000-158 SHORT / LONG TERM DISABIL 2,787 2,787 161.30 2,334.86 0.00 452.14 16.22 01-59000-159 UNEMPLOYMENT CHARGES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 01-59000-160 VISION INSURANCE 405 405 24.50 304.78 0.00 100.22 24.75 01-59000-161 COMPENSATED ABSENSES 15,000 15,000 0.00 0.00 0.00 15,000.00 100.00 TOTAL PERSONNEI, SERVICES 236,051 236,051 34,022.94 196,481.71 0.00 39,569.29 1.6.76 TOTAL EMPLOYEE BEBEFITS 236,051 236,051 34,022.94 196,481.71 0.00 39,569.29 16.76 -15- 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 O1 -GENERAL FUND DEBT SERVICE ik OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEBT SERVICE -------------- OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 1,519,179 1,519,179 0.00 1,519,178.00 0.00 1.00 0.00 TOTAL OTHER FINANCING USES 1,519,179 1,519,179 0.00 1,519,178.00 0.00 1.00 0.00 TOTAL DEBT SERVICE 1,519,179 1,519,179 0.00 1,519,178.00 0.00 1.00 0.00 9-19-2014 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 01 -GENERAL FUND TRANSFER OUT W OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 3,997,478 4,456,732 459,254,00 4,456,732.00 0.00 0.00 0.00 TOTAL ER FINANCING USES 3,997,478 4,456,732 459,254.00 4,456,732.00 0.00 0.00 0.00 TOTAL TRANSFER OUT 3,997,478 4,456,732 459,254.00 4,456,732.00 0.00 0.00 0.00 TOTAL EXPENDITURES 6,322,000 8,801,254 619,919.04 8,416,485.27 107,302.25 277,466.48 3.15 REVENUES OVER/{UNDER} EXPENDITURES 0 0 =; 583,982.99)( 190,617.04)( 107,302.23) 297,919.29 0.00 9-19-2014 03:14 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 02 -PROJECTS FUND FINANCIAL SUMMARY -18- % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING REVENUE SUMMARY FESTIVALS & EVENT INCOME 0 0 350.00 7,917.21 0.00 ( 7,917.21) 0.00 INVESTMENT INCOME 0 0 0.00 5,790.95 0.00 ( 5,790.95) 0.00 MISCELLANEOUS 0 0 0.00 7,643.90 0.00 { 7,643.90) 0.00 OTHER FINANCING SOURCES 6,169,063 6,716,257 459,254.00 4,456,732.00 0,00 2,259,525.00 33.64 TOTAL REVENUES 6,189,063 6,716,257 459,604.00 4,478,084.06 0.00 2,238,172.94 33.32 EXPENDITURE SUMMARY OPERATING EXPENSES 506,258 506,258 8,242.80 148,964.98 29,640.00 327,653.02 64.72 CAPITAL OUTLAY 4,069,305 4,528,559 194,715.45 1,751,999.26 849,983.28 1,926,576.46 42.54 ECONOMIC DEVELOPMENT 1,336,500 1,342,165 23,380.50 926,963.09 83,142.00 332,059.91 24.74 PROJECTS AND PROGRAMS 277,000 339,275 0.00 179,456.52 6,277.13 153,541.35 45.26 TOTAL EXPENDITURES 6,189,063 6,716,257 226,338.75 3,007,383.85 969,042.41 2,739,830.74 40.79 REVENUES OVER/(UNDER) EXPENDITURES D 0 233,265.25 1,470,700.21 ( 969,042.41)( 501,657.80) 0.00 -18- 9-19-2014 03:14 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 02 -PROJECTS FUND 96 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING FESTIVALS & EVENT INCOME 02-44100 FESTIVAL & EVENT INCOME 0 0 350.00 7,917.21 0.00 { 7,917.21} 0.00 TOTAL FESTIVALS & EVENT INCOME 0 0 350.00 7,917.21 0.00 ( 7,917.21) 0.00 INVESTMENT INCOME 02-46100 INTEREST INCOME TOTAL INVESTMENT INCOME MISCELLANEOUS 02-48100 MISCELLANEOUS INCOME TOTAL MISCELLANEOUS OTHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 02-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES TOTAL REVENUES 0 a 0.00 5,790.95 0.00 ( 5,790.95) 0.00 0 0 0.00 5,790.95 0.00 ( 5,790.95) 0.00 0 0 0.00 7,643.90 0.00 ( 7,643.90) 0.00 0 0 0.00 7,643.90 0.00 { 7,643.90) 0.00 2,191,585 2,259,525 0.00 0.00 0.00 2,259,525.00 100.00 3,997,478 4,456,732 459,254.00 4,456,732.00 0.00 0.00 0.00 6,189,063 6,716,257 459,254.00 4,456,732.00 0.00 2,259,525.00 33.64 6,189,063 6,716,257 459,604.00 4,478,084.06 0.00 2,238,172.94 33.32 -19- 9-19-2014 03:14 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF; SEPTEMBER 30TH, 2014 02 -PROJECTS FUND OPERATING EXPENSES % OF ORIGINAL AMENDED MONTHLY YEAR--TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CON'T`RACT SERV 02-58100-202 CONTINGENCY EXPENSE 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 02-58100-203 CONTRACTUAL EXPENSE 369,050 369,050 8,242.80 69,262.80 29,640.00 270,147.20 73.20 02-58100-213 LEGAL FEES 62,208 62,206 0.00 79,702.18 0.00 ( 17,494.18) 28.12- TOTAL PURCHASED/CONTRACT SERV _ ..... 506,258 506,258 8,242.80 148,964.98 29,640.00 327,653.02 64.72 TOTAL OPERATING EXPENSES 506,256 506,258 8,242.80 148,964.98 29,640.00 327,653.02 64.72 -20- 9-19-2014 03:14 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 02 -PROJECTS FUND CAPITAL OUTLAY $ OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58200-401 BUILDINGS 1,379,970 1,581,139 0.00 398,015.75 228,099.25 955,024.00 60.40 02-58200--402 IMPROVEMENTS 125,000 125,000 2,721.22 23,946.22 10,203.76 90,850.00 72.68 02-58200-404 CONSTRUCTION IN PROGRESS 2,315,190 2,398,275 189,294.23 1,205,019.79 549,515.25 643,739.96 26.84 02-58200-405 SITE WORK AND DEMOLITION 25,000 200,000 0.00 19,430.00 0.00 180,570.00 90.29 02-SB200-406 INFRASTRUCTURE AND STREET 224,145 224,145 2,700.00 105,587.50 62,165.00 56,392.50 25.16 TOTAL CAPITAL EXPENDITURES 4,069,305 4,528,559 194,715.45 1,751,999.26 849,983.28 1,926,576.46 42.54 TOTAL CAPITAL OUTLAY 4,069,305 4,528,559 194,715.45 1,751,999.26 849,983.28 1,926,576.46 42.54 9-19-2014 03:14 PM 02 -PROJECTS FUND ECONOMIC DEVELOPMENT BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 -22- $ OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 941,500 941,500 0.00 799,734.00 0.00 141,766.00 15.06 02-58400-444 ECONOMIC DEVELOPMENT GRAN 300,000 300,000 14,962.00 36,038.50 83,142.00 180,819.50 60.27 02-58400-445 MARKETING INCENTIVES 95,000 100,665 8,418.50 91,190.59 0.00 9,474.41 9.41 TOTAL CAPITAL EXPENDITURES _....... 1,336,500 1,342,165 23,380.50 926,963.09 83,142.00 332,059.91 24.74 TOTAL ECONOMIC DEVELOPMENT 1,336,500 1,342,165 23,380.50 926,963.09 83,142.00 332,059.91 24.74 -22- 9-19-2014 03:14 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT {UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 02 -PROJECTS FUND PROJECTS AND PROGRAMS $ OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58500-470 COMMUNITY SUPPORT PROJECT 2,000 2,000 02-58500-480 COMMUNITY SPECIAL EVENTS 275,000 337,275 TOTAL CAPITAL EXPENDITURES 277,000 339,275 TOTAL PROJECTS AND PROGRAMS 277,000 339,275 6-911 0.00 0.00 2,000.00 0.00 0.00 0.00 179,456.52 4,277.13 153,541.35 45.52 0.00 179,455.52 6,277.13 153,541.35 45.26 0.00 179,456.52 6,277.13 153,541.35 45.26 9-19-2014 03:14 PM 02 -PROJECTS FUND TRANSFER OUT - ASSET TRA BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30TH, 2014 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING USES TOTAL EXPENDITURES 6,189,063 6,716,257 226,338.75 3,007,383.85 969,042.41 2,739,830.74 40.79 REVENUES OVER/(UNDER) EXPENDITURES 0 0 233,265.25 1,470,700.21 ( 969,042.41)( 501,657.80) 0.00 -24- ept age I Old Business I I New usiness I I Public Hearing I Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for September 2014. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. Susan Harris Finance Director Boynton Beach CRA Purchase Order Report September 1 —I. -'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting'FY 2014 - 2015 Board Meetings'October 20141Monthly Purchase Order Report Description Collector, Palm Beach CounIX 01-51620- 01 'Taxes due on CRA Properties M �Healin•Heart, Inc. InteriorTax I Commercial , 02-58400-444 Assistance 11 —I. -'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting'FY 2014 - 2015 Board Meetings'October 20141Monthly Purchase Order Report Thank you card to Theresa Judy Mollica- Utterback for the help with Thank You Ocean East the grant application process, 9/12/2014 Card Properties kindness was appreciated LAAA- I-AZI&I 46, , IC Ocean East Propeilies JUDY MOLLICA Broker/Owner 640 East Ocean Ave, #10 501.309,1656 Boynton Beach, FL 33435 Fax 581.404.4551 Judy@OceanEastPr-operties.com AW f}k BOYNTON—` jj k. � fl1�0 y�'tq� it Af' EACK, C RA R ILA BOA" MEETING OF: Consent Agenda a Old BNew Business Legal Information Only SUBJECT: Presentation on Business Development Marketing Campaign SUMMARY: Marketing is the process of communicating. As part of the ongoing marketing efforts to assist local merchants in a marketing campaign and showcase Boynton Beach as a destination, the CRA allocated funds in the Marketing & Business Development budget. This campaign has increased visibility for local businesses and the City of Boynton Beach which sends a message to the surrounding communities that east Boynton is open for business! FISCAL PACT: NIA CRA PLAN, PROGRAM OR PROJECT. Marketing & Business Development Budget 1.9 C:IUserslsmith-coffeyt\Documents\Business Development Marketing Campaign Presentation cover sheet.doc Marketing Downtown Launched a branding campaign r '< i r tagline tagCatch" Boynton Beach balancing the City's fishing tradition with its new colorful water splash a AttraCt a younger demographic to Downtown Boynton Beacl 0 Showcase Downtown Boynton Beach and the many unique assets fP Building r positive ! identity CATCH A BITE IN BOYNTON The Bae and 511 M- 4�h �11 '61 e1 a Banana Wt 739 E Oman Ave 561 732M00 Beach BteaK -EV,7 BoVden Diner FM E Plnolteqht Rd 5613641819 U0 1 tan W a's F 0'. L ,,,3 P, Av. FMN Yogurt 524 E WaUghl Rd 561733 8221 rVe Q1 I East Ocean Cedd 412 F Ocean Ave. 561.2006006 ENsWm Sweerz - ffufflcatni Alley 529 E Ocean A" .561164 4003 JnWs; filstorarde IF S "cc --m%, —•l The Little House 480 E Ocean Ave E61 4201ffia Lucertala FfisloroniE % Mveria -�a! Maul WOW Havallan COHN & Smoothim E WOO]bnghl Rd 561136 2416 Prime Ca d M,) E, -7 Rice Flne Thai IMS Federal Key 5@1 374 ScuN's RastawarA Secret Garden Cati 410 E So)ven Bemh Blvd ;61 752 SUSN jo Wj i. "W', $%to Simon S Federal hW 551 TM IT.9 Sweetwmar W7 S Two Georges 728 C-= Urna Blvd. %I M."i 9W:CP,A CakhBoyffiton.com - 561. W Introduced a new concept of communication through a video A Highlighted 16 restaurants and 5 retail stores featured in a 2 minut video ad which played as an introduction to the movies at Movies in th Park 11 Cross promote the local businesses through a special event venue promotes Downtown Boynton Beach as a destination. -1 Oil- Call to Action Raff lea Each featured business provided a it certificate to encourage new customers Creates a platforM' Every month movie goers. look forward to the raffle which builds a Boynton Beach CRA I �-' Home -t& C"Mwg R, - I Savnton Smac�� CR,A Movms r It M,e Park- May 2014 Uv'!N�vn ws-V ,e2 Thr pe nno"I. IrM,,,r Cr, A d�stlnv bwsm�-,sses Banana Boat Lounge & Restaurant Jennsf."rbles Subscribe SMOSh Subscribe PewDiepie FIN Subscribe Prime Calch Pestaurant Two Geoiqws Resta-want a cCq4 -evl Banana Boat Lounge & Restaurant Jennsf."rbles Subscribe SMOSh Subscribe PewDiepie FIN Subscribe Boynton Forum double page spread runs every month 34,450 printed and inserted in the Sun Sentinel Newspaper T' Em, -ed To Amr,m, The 1t Her T*w Location' ertiSul �1as�e t g . -_' S�vN�rtl�erdtrdlF[,�,1ara;,3u�ieR, x•21!'@=��ptfs'�a;�• Sny,rtcn Beach. IL 33435 !Cowled r blc�k Ntati, OH of 8orra.Fn Bash BN,;,a r Bedasl Hry1 froom m memfrwi = New Client Special: - $99f One Month - Unlimited! Unlimited! WIN GUMMIGi CLA -tea sA., * L 'y'P6y A tr bi SiKKa dl�+. Th® Uifimale 6.Q.JN € Whole Body Spa PxperW,ca 16r550VIN, Faders! Hwy., BoyMon Beach (`-61, 7U,17%A of" "§k` ;t$t g of tile bneza I i4z7 p— call uc1010, io f nd cw=t how lei'' v Y vee can enhmco s = ycur rverA with vnparddiid �::scar, dlsploys and Furors Elywrem ts. NOR, Pastrias aml Cad— A07 S Fkd F {, BosmY Bach (561j795.7650 a .0 Wum-wWip,am LE OPEN FOR Coli A:FAST as Ci rrr,C', TW-TED,W-RDGti' (`AkR,222�%11" - S411J ¢i`B�AY & SUNDAN(,'Wt ;4"hs) anmd 4ala. a 91a Hairaft ....$20 (P.eg $25) First Time CI %sl r5 Ma iicta ,$12 (Fag $15)m - recll u ...$2U(Rog $25) ihmadirg..S12 ineg $r5! 10) N E Bd1 `7x� 1903, Bafrxai &MI (561)732.2638 MORE SE%VICES TO COW? Yourself In B1 ntorn Beach! FIS H ,.arch a,,-. DIVE RIDE B&Wooi Rmft Gharw5 LLz W-0710-326? Wy Gem rimm Chanem 561-327-7M- I CbIp'a Ay Maf-" SO 47 of N" 50OCh mm $61 68P—SM21 ge,:,4 cam, 163 W !,M� 't R A P1 oynton Beach Pineapple Newspaper Advertising I Fill 11111111111 Distributed 500 locations Delray Beach & Boca Raton Individual ads promote the businesses The IltImate Beauty & Whole Body Spa Experler 1515 South Federal Hwy., goynt* (561) 734-5768 throughout Downtown promotes ; many activities: 100 1=3 Annual Report Inserted in the Boyntonseer and reached over 5,000 homes in the A491 iX,�, _ {REIPOR"MON i SEEMdUl`,+ Boynton Harbor Marina Brochures Distributed to the 33 hotel Concierges through out Palm Beach County Promoting the area as a tourist destination through exposing the tourist industry to this best kept secret" Ct a ", c a... FISH DIVE ABOUT Infm,..-Otni Sk, &R,X31 ','612 ,—�,wa,q . -mpr-rgn- Buy-if,on Foot Frrats-5i I 735-143'3 krift Fishing Sea hli'A III Dniiiishnn-U',I-732-9�i74 V~,� seam�sfll. "CM Fishing Charters 00ref0vo- F,st'09 OIC-leM LLC- 561-87D `26/ ng Jet Ski Rentals 1 rfi1=,0astci Je7 Ski RCrn115- 561-77 61 t ,,YOW,WaVe,u r, I Derr com Jet Ski ala nt P13 n'7 Be*eh- 561-5; S-I'l L Scuba Div] Ddphi, 5,jn Dive Charfe,,- 561,M6 --5n5 M Goad Fmj,,ing ChcAt,---i 561 32741,S99 wm-da!ph4n%Qo cc -,y, ' com V,WW Boat Rental Psning C1YAer,.- 5M,860-1998 Fishing Charters con rowed 5611-865-779-1, PKI) of� Q, Polm Beac,-&61A9"55 li,� e lov 56! 6 5 ! -,W a6(1-75-8-601 0 v~w Infm,..-Otni Sk, &R,X31 ','612 ,—�,wa,q . -mpr-rgn- Buy-if,on Foot Frrats-5i I 735-143'3 krift Fishing Sea hli'A III Dniiiishnn-U',I-732-9�i74 V~,� seam�sfll. "CM Fishing Charters 00ref0vo- F,st'09 OIC-leM LLC- 561-87D `26/ ng Jet Ski Rentals 1 rfi1=,0astci Je7 Ski RCrn115- 561-77 61 t ,,YOW,WaVe,u r, I Derr com Jet Ski ala nt P13 n'7 Be*eh- 561-5; S-I'l L Scuba Div] Ddphi, 5,jn Dive Charfe,,- 561,M6 --5n5 M Goad Fmj,,ing ChcAt,---i 561 32741,S99 wm-da!ph4n%Qo cc -,y, ' com V,WW Psning C1YAer,.- 5M,860-1998 Y,W,h C narlamu,-rr PKI) of� Q, Polm Beac,-&61A9"55 a6(1-75-8-601 0 v~w dkOebul, n,o rioeocdh�, u,— G�no V- 561-588-5U2 Or4�74r ,,,ww,qeno4.c-n GreeY Day &ncrt F 'shing- 1,A11— :m 3-eatdt1yspxt%hC7,L"' Catch a Bite cards for Hotel Guests IMM I I I I i I I I I• p I MAll 1111111• The Backyard .51 4 *, 4hBanana BOM 739 E Ocean Ave 561.732.9400 Beach Break. '261: Boynton Moir 500 E Woolbap Rd 561 164 1 &I 9 Wa f P a i it a's fi 4 0 E. kqc;,'v BIT Frozen Yogurt 524 F WonlimclIq Rd 551 M a221 Us Grill East Ocean Cali 412 E Prean Ave 561 200,601: ElYMUM Sees V Hurricane Alley 529 E Ocem Ave 561.364 4008 ,!Wale's Mterante The Lfitte HOUSE 480 E Ocean Ave 561 4 20 0513 luretiola Rislolante & Bwreria Maul Vloarl Nwalhis Conee & Sme"Ies n E Wr.*lbd# Rd 561 23% 241E Priffle Campli Mee Fine Thai 1610 S Fed,eal Hwy 561374 A 7478 nerleararri Secret Gaiden CM 410 E BoyrAon Beocfi Blvd 561752.9599 Sm I Ja E 5;' ','7. Sushi Simon 1514 S Federal Hwy 1491,731.1619 Sweetwater 153' '5 Feral FW,,! Two Georges 721 Casa Loma Blvd, 161736,2717 W-A2,51CRA CarkhBoynton.colin * 361.742.6246 Mr r Association 201I ls' Place Award Promotional .4a. SLATTlIIED ['PpL'AS A Front Page News Bro%%ard Palm Beach Sport Entertainment Business [i£est. ae Health El Sentinel More =n3 kk3c bink 6 ,7-atnv :; m By Attiyya Anthony, Sun Sentinel The Boynton Beach Community Redevelopment Agency won an award for its marketing efforts. Earlier this month, the agency won a Si.':`vsational award for their 'Catch a Free Event" poster series. The promotional poster ties into the agency's slogan: "Catch yourself in Boynton Beach." The marketing efforts in- cluded getting attention for the agency's events like `h10 ries in the Park' and'Alusic on the hocks.' The award was presented at the Florida Festivals & Events Asso- ciation on Aug. 14, at the associations 2oth anniversary conven- tion and trade Show in Orlando. The SUNNI sational award is given to marketing programs w7thin the state the exhibit innovation and creativity. The Boynton Beach agency was judged by pho- tograpliers, media outlets, website designers and marketing pro- fessionals and took home fust place in the S44,ggg and under promotional poster category. a o s sen el.c or 561-243-6648 or @at tivva sun 11 •yiii .' Belated Content Boynton retirement community gets long-auaited cafe Boynton agency chooses d@veloper for ocean Breeze Fast Boynton police could finalize contract, get raises 40 Ah 0 0 9 0 11 Le wile m . . . . . . . . . . . 0 Boost tourism a...FISH ... DIVE ... RIDE! all B ,-M n Harb�r Marina Discover the Palm Beaches Florida K:3 Grant incentive brochure packets distributed to Palm Beach County Business Development Board Pkw Dorm logolher On a for complimeiftry food ard spite arch IM, a a CINVIM Weil tell you all about the goad things happening in Royflion Bench! _ra want to connect vog to all that eat ecl€ tr t€ otter, ADM= 1505 S. Federal Highway Las Ventanas Boynton Beach, Ft. 33435 (Parking in Rear) WN? Tot Amy ZEMMOP108nn at 581-800-9097 np 7jnnmePmennAOabbflus (-g-i 'A ra -Ci; Ha}nt B ' ,'-x.39#3:, F1 Commercial BRING YOUR CLIENTS TO EAST BOYNTON BEACH I BUSINESS INCENTIVE PROGRAMS • Commercial Construction Project Incentive Program - Reimburse 3.3% for Permit Cost • Commercial Interior Build -Out Assistance Program - Maximum Grant $22,500 • Commercial Rent Reimbursement Program - Maximum Grant $7,200 for the first year • Commercial Facade Improvement Program - Maximum Grant Maximum grant $15,000 For more information contact: Tracy Smith -Coffey 561-600-9096 Smith-CoffeyT@bbf1.us IO�'NTON i_&BEACHCRA PROMES omin RON Palm Beach Pulse digital ads Social iContact email blasts Signage around the City Outdoor Digital Display Billboards on Interstate 1-95 Mug . ON THE ROCKS -qwker not 5firrCXI M, Chairman Jerry Taylor Vice Chalyman WaadFow May ftfird Members Joe Casella ii Michael Fitzpatrick David Merker Jeffm Buchanan Mark Karallorta OWNED& OPERATED WiR-CRA GENE CONTRACTOR #COLLAGE PROJECT DESIGN ARCHITECrURAL FIRM mtch a vision PF�fecf 9nuemmamf A6 74iffon catm a vision 'Poved 9plueffma"t A f, Ufflon Fence wraps on Project sites create about upcoming CRA projects ooyn�tov..71.�ta>each positive image is criticalrevitalization Building an experience at is positive and inviting for residents,rbusiness New Business PublicHearing SUBJECT: Consideration of Approval of Executive Director's Employment Agreement for FY 2014-2015 SUMMARY: At the September 9, 2014 CRA Board meeting a 3.0% salary increase was approved by the Board for the Executive Director for FY 2014-2015. The increase amount is $3,696 for a new base salary of $126,884 effective October 1, 2014. The attached Agreement reflects the Board approved salary increase (section 3.0 Base Salary) and is for a term of one year (section 2.0 Term). FISCAL IMPACT: Salary increase budgeted in FY 2014-2015 CRA PLAN, PROGRAM OR PROJECT: Administrative RECOMMENDATIONS: Approve attached Employment Agreement Susi Harris Finance Director MyU,111 ■ This employment agreement ("Agreement"), is made and entered into on this day of October, 2014, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA"), and VIVIAN L. BROOKS, (the "Employee") (collectively, the "Parties"). WHEREAS, the Board desires to employ the Employee, as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of Employee; and WHEREAS, Employee desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1.1. The CRA agrees to employ Employee as the full-time Executive Director of the CRA to perform the functions and duties necessary to manage its operations. 1.2. The general scope of duties is set forth in the job description attached hereto as Exhibit "A". 1.3. Employee agrees to perform her duties and other such legally permissible and proper duties and functions, consistent with the office of the Executive Director, as the Board of Commissioners of the CRA (the `Board") shall assign from time to time. T:ICONTRACTS-LEASES-DIFAsIVivian Brooks -Executive Director\Brooks Restated Employment Agreement 10-14.docx 2.0. Term. 2.1. This Agreement shall become effective and the term of employment as Executive Director shall commence on the date approved by the Board for a one (1) year term. This Agreement may be terminated by either party pursuant to Section 10. 2.2. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the CRA to terminate the services of the Employee at any time, with or without cause, when done in accordance the provisions set forth in Section 10 of this Agreement. Termination without cause shall require a thirty days notice to Employee. The CRA may accept the resignation effective a date prior to the expiration of thirty (30) days, but in that event, the CRA shall still pay Employee until the end of the thirty (30) days, subject to the twenty (20) week limitation on severance referred to in section 10.0. With respect to severance, in the event of any conflict between the terms of this agreement and the provisions of Laws of Florida 2011-143, the provision of the 2011-143 shall control. 2.3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the CRA, subject only to the requirements and provisions set forth in Section 11 of this Employment Agreement. Employee shall give CRA a thirty (30) day notice of resignation. 3.0. Base Salary. 3.1. Base Salary. The CRA shall pay Employee an annual compensation of One Hundred Twenty Six Thousand Eight Hundred Eighty Four Dollars ($126,884.), as may be adjusted pursuant to paragraph 3.4, for all services performed, payable in equal installments at the same time as the CRA employees are paid. T:ICONTRACTS-LEASES-DIFAsIVivian Brooks -Executive DirectorlBrooks Restated Employment Agreement 10-14.docx 3.2. The CRA agrees to pay Employee for services rendered commencing upon the date of the execution of this Agreement at an annualized base salary of $126,884 payable for time employed (subject to customary withholding and deductions). Such payment will be made consistent with existing CRA pay periods. It is recognized that the CRA pay periods are bi- weekly and if the pay periods change, the employee's annualized base salary shall not change. 3.3. Notwithstanding reference to "term" and "annualized salary", reference to those terms does not imply a fixed term of employment and Employee is not entitled to compensation other than for time actually employed by the CRA, unless as stated elsewhere in this Agreement. 3.4. The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase. 3.5. Notwithstanding the Board's rights as set out in 3.3 above, the Board shall conduct a formal review annually in advance of the anniversary date of this Agreement and prior to granting extensions to the term as set out in section 2.1 of the Agreement. It is the Board's responsibility to conduct a formal review and in the event the Board does not complete such annual formal review within thirty (30) days prior to the end date of this Agreement, the Agreement will automatically renew under the existing terms and conditions. The Employee shall initiate the review process by adding it to the Agenda and the Board shall conduct the review in a timely manner and vote on the Employees performance review. 4.0. Vacation and Sick Leave. 4.1. The Employee shall be entitled to accrue, use, and cash out sick and vacation leave pursuant to the CRA's paid leave benefits policy. T:ICONTRACTS-LEASES-DIFAs\Vivian Brooks -Executive DirectorlBrooks Restated Employment Agreement 10-14.docx 5.0. Insurance. 5.1. CRA agrees to provide at no cost to Employee health, dental, life, and disability insurance for Employee consistent with health insurance policies consistent with those in effect as of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff employees change, the Employee's benefits will change accordingly. 6.0. Automobile/Car Allowance. 6.1. The Employee's duties require that she have the use of an automobile during her employment by the CRA. The CRA agrees to pay Employee Three thousand Dollars ($3,000.00) per year for automobile expense reimbursement payable in equal installments at the same time as the CRA employees are paid. 7.0. Legal Holidays. 7.1. The Employee is not required to work office hours on legal holidays as designated from time to time by the CRA. 8.1. The Employee shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board. 8.2. Employee shall disclose at the next regularly scheduled Board meeting her involvement in any business, charitable and corporate (for profit and not for profit) organizations. 8.3. Employee shall comply with the provisions of the State of Florida and Palm Beach County Code of Ethics, as each is amended from time to time. T:ICONTRACTS-LEASES-DIFAs\Vivian Brooks -Executive Director\Brooks Restated Employment Agreement 10-14,docx 9.0. Professional Develop a t. 9.1. The CRA agrees to budget and pay Employee's membership costs in the American Planning Association (APA), the American Institute of Planners (AICP), the Florida Redevelopment Association (FRA), and the Urban Land Institute (ULI) which are determined by the CRA to be for the good of the CRA. At any time during the term of this Agreement the Board may decide to not pay for Employee's reasonable membership costs in these organizations, if they decide that it no longer is in the best interest of the CRA. 9.2. The CRA hereby agrees to consider to budget for and pay Employee's travel and subsistence expenses to attend one national convention (e.g. Urban Land Institute (ULI), American Planning Association (APA), International Council of Shopping Centers (ICSC), National Trust for Historic Preservation (NTHP) and one Florida conference (e.g. Florida Redevelopment Association) per year. 9.3. The CRA will reimburse Employee for documented and justifiable expenses incurred for the purpose of promoting the CRA district within the amounts authorized in the CRA budget. 10.0. Termination. 10.1. Employee is an at will employee of the CRA who serves at the pleasure of the Board. This Employment Agreement may be terminated by either party, without cause. If the Employee is terminated without cause, Employee must be given no less than thirty (30) days notice of termination. In lieu of notice of termination, subject to any limitation on severance pay provided by state law, as amended from time to time, the Board will provide severance pay in the amount not to exceed an amount greater than twenty (20) weeks of actual compensation plus earned and accrued vacation and sick leave. If termination is for cause Employee shall not be T:ICONTRACTS-LEASES-DIFAsIVivian Brooks -Executive DirectorlBrooks Restated Employment Agreement 10-14.docx entitled to any severance pay but shall receive accrued vacation and sick pay. .. Indenmifleation. 11.1. In accordance with the provisions and limitations of Florida Statute Section 111.07, the CRA shall provide an attorney to defend any civil action in which Employee is joined as a party in her capacity as Executive Director of the CRA.. 12.1. The Board may establish other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of the Agreement or any other applicable laws of the City of Boynton Beach or State of Florida. 13.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson and Board Attorney 100 East Boynton Beach Blvd. Boynton Beach, Florida Employee: Vivian Brooks 235 Santa Lucia Drive West Palm Beach, FL 33405 13.2. Alternatively, notices required pursuant to this Agreement may be personally served by hand delivery or in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. T:ICONTRACTS-LEASES-D1FAslVivian Brooks -Executive DirectorlBrooks Restated Employment Agreement 10-14.docx 14.0. General Provisions. 14.1. The text in the Agreement shall constitute the entire agreement between the parties and supersedes any prior stipulations, understandings or agreements. 14.2. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 14.3. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 14.4. This Agreement may be executed in counterparts; each of which will be deemed to be an original, but all of which together will be deemed to be one and the same instrument. This Agreement may also be executed by exchange of facsimile or other electronic transmissions between the Parties. 14.5. If either party incurs legal fees or litigation expenses, whether or not an action is instituted, to enforce the terms of this Agreement or to recover damages or injunctive relief for breach of this Agreement, it is agreed that the successful or prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and Vivian Brooks, Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. T;ICONTRACTS-LEASES-DIFAsIVivian Brooks -Executive DirectorlBrooks Restated Employment Agreement 10-14.docx Approved as to form: Lewis, Longman & Walker, P.A., CRA Attorney Tr\CONTRACTS-LEASES-DIFAs\Vivian Brooks -Executive Director\Brooks Restated Empioyment Agreement 10-14.docx BOYNTON BEACH COMMUNITY REDEVELOPMENTr JOB DESCRIPTION TITLE: EXECUTIVE DIRECTOR ' 1 1 An incumbent in this position performs highly responsible administrative and professional work directing and leading the activities of the CRA of Boynton Beach, its assigned staff, programs, and activities and other programs and initiatives designed to enhance business and economic development in the CRA area. Work includes preparation of work programs, budget and Capital Improvements Program, oversight of the sale of bond issues and project initiation, design, construction and monitoring. Under administrative direction, the incumbent may act as an advisor to the City's executive management team, and serves as a key staff member in the administration, development, and implementation of policies, systems, and procedures to facilitate implementation of the CRA's redevelopment plans and agreements. The incumbent manages a considerable variety and volume of work concerned with formulating and implementing projects, initiatives and work plans focused on community redevelopment. The incumbent's work is reviewed through meetings, reports, observation, and task/report/project completion. The incumbent reports to the Board of Directors of the CRA and is reviewed through conferences, reports, and discussions while projects are in progress and upon completion. The incumbent is responsible for the supervision of five (5) direct reports (i.e., Executive Assistant, Assistant Director, Finance & Operations, Planning Director, Director, Economic Development and Communications and Marketing Manager). Updated: 06/05/07 • Initiates, plans and directs the implementation of the adopted redevelopment plans (i.e., 20-30 plan, BB corridor plan, N. Federal Plan, Urban Design Guidelines) and answers general development questions as necessary. Plans, organizes, assigns, directs and reviews the activities of professional, technical and clerical personnel engaged in the compilation, analysis and interpretation of data and preparation of reports and recommendations affecting community planning and redevelopment. Oversees and is responsible for the final selection, training and evaluation process for all CRA staff. Administers and provides oversight for all contracts and agreements for services by negotiating contracts, creating the budgets for the contracts and by making sure they are in accordance with legal framework. Serves as an in-house consultant and represents the CRA in dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. Provides oversight, and input to staff on the CRA Strategic Plan, and for individual strategic plans by conducting weekly meetings with staff to share and update plans, and to ensure that everyone is communicating regularly and are aligned with the mission of the organization. Conducts weekly staff meetings in order for staff to share information and keep abreast of overall CRA operations and other operations in the City and local community. Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. Oversees preparation of the annual operating budget and capital plan by meeting with the Assistant Director Finance and Operations in order to present to the CRA Board for approval, and approves and reviews budgetary and financial reports prepared by the Assistant Director. Represents the CRA at meetings (e.g., Kiwanis Club, Rotary, Chamber of Commerce and other organizations) regarding CRA matters within the scope of the CRA activities. • Conducts, directs and oversees all Public Relations activities for the CRA. Handles all Board matters, policy matters and other related issues in order to accomplish Board Directives. Sets all Board monthly meeting agendas and has oversight for all Board packets and to ensure all correct material is in packets etc. Meets and confers with Board Attorney in order to ensure that Board policies and directives are being implemented appropriately. 2 Serves as public interface with the development community by attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, negotiating, and providing guidance etc. Directs and implements projects in the phase of completion and evaluation in order to bring back the information to the Board for their review and decision making on policies. Provides oversight and assistance with all administrative and operational duties and issues for the CRA. Prepares written evaluations on that the status of a program or project for the Board of Directors. Prepares and responds to email messages from the Board, staff, developers, City officials and other personnel. Attends monthly Board meeting, attends City commission meetings and two night meetings a month in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. w Observes subordinates' job performance to ensure subordinate accomplishes goals and objectives. Meets with subordinate(s) to discuss and review job performance necessary. Analyzes and evaluates working conditions for improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. Conducts supervisory conferences or discussions with subordinates in reference to their performance. Visits subordinates on-site to ensure observe their work and to provide assistance and input as necessary. Informs subordinates of how their efforts, in any given project, affected the outcome of the total project. • Writes performance appraisal reports. Verbally praises subordinates. Verbally reprimands subordinates. 3 I mool"'/ M DI IIIc R` • Knowledge of economic development issues, public relations and issues affecting urban revitalization. • Knowledge of financial packaging for development projects. • Knowledge of principles and practices of City Planning, Zoning, historic preservation and housing. • Knowledge of the financial and legal aspects relating to bond issue and sales and land acquisition. • Knowledge of marketing techniques relating to promoting programs. • Knowledge of principles and practices of administration and organizational theory. • Knowledge of research techniques, methods, and procedures. • Thorough knowledge of the principles, practices and laws surrounding redevelopment in the City of Boynton Beach and knowledge of the same in the State of Florida. • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Knowledge of negotiation tools and techniques and team building practices. • Considerable knowledge of problem solving and conflict resolution practices and techniques. • Considerable knowledge of project and workload planning and organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs and change management. • Basic knowledge of principles and practices of budget preparation in the public sector. Basic knowledge of the practices and methodologies of contract administration and the development and implementation of procedures. Skill in comprehending information and ideas clearly. Skill and ability to make arithmetic computations with speed and accuracy. Skill at operating a personal computer and related software including but not limited to word processing, spreadsheets and electronic mail. • Ability to lead a team of paraprofessional and professional staff. • Ability to identify and respond to community, Redevelopment Agency Board, and City Council issues, concerns, and needs. • Ability to make presentations to the CRA Board on a regular basis. 0 • Ability to facilitate public meetings, workshops, and negotiations. • Ability to engage in on-going process improvement review and implementation, both individually and as a team member and leader. • Ability to seek out opportunities for redevelopment and negotiate effective and constructive deals on behalf of the CRA. • Ability to provide vision and set operational goals to achieve the CRA vision, and identify and analyze administrative problems, and implement operational changes. • Ability to understand and contribute to the work of the CRA by ensuring effective service delivery. • Ability to deal constructively with conflict and develop effective resolutions. • Ability to exercises analytical judgment in areas of responsibility by identifying issues or situations as they occur and specifying decision objectives, assists in identifying alternative solutions to issues or situations, and implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. • Ability to exercise discretion and judgment in developing and implementing courses of action in carrying out responsibilities. Maintains firmness, objectivity, and fairness in implementing courses of action. • Ability to identify, assimilate and comprehend the critical elements of a situation; interpret the implications of alternative courses of action and evaluate factors essential to a problem solution; to separate relevant from irrelevant information. • Ability to develop and maintain excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials, developers, city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. • Ability to be adaptable to performing under stress when confronted with critical and/or high priority activities, events or unusual situations in which working with speed and sustained attention are make or break aspects of the job. • Ability to pian and organize constantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time -management methodology; effectively and efficiently utilizes resources to achieve such goals and objectives. • Ability to speak to people to convey or exchange information; receive or provide assignments or directions; speak with others with poise, voice control and confidence; record and deliver and communicate effectively and efficiently with persons of varying educational and cultural backgrounds. • Ability to communicate orally in the English language with customers, clients, and the public in a one-to-one or group setting. • Ability to produce written documents in the English language with clearly - organized thoughts with proper sentence construction, punctuation, and grammar. • Ability to explain things clearly. Ability to remain fair and objective. • Ability to remain calm in stressful situations. • Ability to think under pressure. • Ability to apply supervisory, management and leadership principles, practices concepts and techniques. • Ability to apply principles of time management. • Ability to favorably influence the activities of others (e.g., outside vendors). • Ability to identify and correct personal deficiencies. • Ability to display sensitivity to the feelings of others. • Ability to use diplomacy and tactfulness. • Ability to negotiate. • Ability to persuade others. • Ability to display patience. • Ability to demonstrate initiative. • Ability to withstand criticism. • Ability to follow directions. • Ability to obtain needed resources, as appropriate. • Ability to work independently. Graduate from an accredited college or university with a Bachelor's Degree in public or business administration, urban and regional planning, or related field. Eight (S) years of progressively responsible work experience in community redevelopment, urban renewal, real estate, finance and public relations, the majority of which shall have been in a responsible managerial capacity with budgetary development and responsibility. A Master's degree is preferred and may substitute for a portion of the required work experience; or an equivalent of training and experience. This position requires the incumbent to work a standard 40 hour week which requires some flexibility. Working under pressure is unavoidable when schedules change and problems arise, but deadlines and goals must still be met. Incumbent performs majority of the work typically indoors. Work is usually performed sitting, standing, and walking. wo 1►`1:\►`I a 04as I m111011) I pla II'Ii11 • Sitting for long periods of time, standing, and walking. • Lifting and bending. • Use of telephone and the computer on a regular and continual basis. • Acceptable eyesight (with or without correction). • Acceptable hearing (with or without hearing aid). • Works inside with noise and heat. Reasonable accommodation will be made for otherwise qualified individuals with a disability. �I NWr BOYNTO: mr'"'amBEAC ciff ��4 CRA CPA BOA" MEETING OF: October J i Consent gnd. I I Old BusinessX I New Business I � Legal I I Information Only SUBJECT: Consideration of Direct Incentive Funding Agreement between Morgan Boynton Beach, LLC and the Boynton Beach CRA for the 500 Ocean Project SUMMARY: 500 Ocean is planned as a mixed-use project located at the SW corner of Federal Hwy. and Ocean Ave. The project is approved for 341 residential units, 13,500 sq. ft. of retail space and 6,000 sq. ft. of office space above the retail. The project received its final approvals from the City on July 1". The developer is requesting financial assistance from the CRA in the form of a Direct Incentive Funding Agreement (DIFA) to begin construction of the project. There is a shortfall between the cost of developing the project (the carrying cost) and the rental rates (income). CRA staff and the developer have negotiated what both parties believe is a win/win public/private partnership that will allow the development to move forward while assisting the City and CRA to achieve their goals with regards to developing a sustainable City and economically viable downtown. At the request of the CRA, the developer added 6,000 sq. ft. of Class A office space to the project above the retail space. Office space adds more professional jobs to the downtown area. Also, at the request of the CRA the developer is planning on building the project to the Silver level of the National Association Home Builders NGBS Green Multifamily Building Certification. This promotes the goals of the City's adopted Climate Action Plan and Green Building Program. The project, once built and occupied will be a key component to the redevelopment of downtown Boynton Beach. The addition of approximately over 600 new residents to the area will drive demand for goods and services that will support existing businesses and create new ones. FISCAL ACT: The developer is requesting that the TIF is front loaded for the first four years to help offset the rent income vs. cost to development gap. For the first four years the developer would receive 75% of the TIF and the CRA would receive 25%. The TIF share would then drop to a 50150 share in years 5 and 6. In the last four years of the ten year agreement the developer will receive 25% of the TIF. Staff has prepared an analysis of a standard 50/50 TIF sharing arrangement and the proposed front loading TIF arrangement. There is very little difference in the amount to the CRA or the developer over the term of the proposed agreement. CRA LAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board Meetings\October 20141DIFA 500 Ocean.doc �fi tu, � 'N �sttrir mtU„ BOYNTO iRA RECOMMENDATIONS/OPTIONS: Due to the ability to come to very mutually beneficial terms with the developer of the project, staff recommends entering into a DIFA with Morgan Boynton Beach, LLC with the following conditions: 1. The DIFA is executed simultaneously with the closing of the construction loan 2. That the entity, Morgan Boynton Beach, LLC does not change ownership until the project receives a Certificate of Occupancy from the City of Boynton Beach. 3. No major modifications to the project are made without prior CRA Board approval. Vivian L. rooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\October 20141DIFA 500 Ocean.doc 4 ENN 00% LeCeSS e DEVELOPMENT CORP L MoranIIMANAGEMENT9� Development Team LeCe SSe DEVELOPMENT CORP *Family owned *Florida based *Over 35 years *Developed over 20,000 multifamily units *Own and operate in 8 states •Foundation in construction *Multifamily, mixed-use, and active adult LeCeSSeGP DEVELOPMENT oran MANAGEMENT!9 *Family owned *Over 15 years m ;m •Owns over 15,000 multifamily units *Operates, in 12 states *Multifamily and mixed-use LeCeSSe�P 4a- EAST ELEVATION_ ,EJERAL HIGHWAY __ - Ie� DUNAY ',' MISKEL BACKMAN BLATTNER.,$ REDEVELOPMENT 11 MANAGEMENT RunBrook AA S S O C I A T E S Moving green innovation forward Design and Consultant Team EAST ELEVATION_ ,EJERAL HIGHWAY __ - Ie� DUNAY ',' MISKEL BACKMAN BLATTNER.,$ REDEVELOPMENT 11 MANAGEMENT RunBrook AA S S O C I A T E S Moving green innovation forward Design and Consultant Team ♦ w4 t. . 'PW 500 Ocean Boynton Beach, FL Six -story mixed-use property with structured parking 341 Rental Units 13,330 SF Retail 6,613 SF Office LeCeSSe CORP )US 'Awlmi "e SITE PLANfLEVEIt LeCeSS�ePDEVELOPMENT �� •:�t -, ��'�. fir �iA � �� - � .,..,•. f \ camp- -1 �- - \ � � t ftm v � I rAm\ JLl M jai I MR EEL 71 Till F. m T a ML mull, E D F, m A-7 _EL - V A I ;- F.-,, L -i WAY m ot N GHWAY M mat Er PH IE [MR cue jai a Err!- (g,SOtJTH ELEVATION - S.E. 2ND AVE LeCeSseP DEVELOPMENT COR 91 MR F� w m 7� LeCeSseP DEVELOPMENT COR n =f - 17 IF I . W.111111hill! 1WEST ELEVATION — S.E. 4TH STREET •� SCALE: t/1A'�t'-C' of •• �70Y � II 11 1'i .� 11 11 ra kaWEST ELEVATION _1 M M MMM 1� M M -M- B -t a A-1 TNORTH ELEVATION — OCEAN AVE. SCALE: 1116' -I -Cr LeCec,c,e IBM- ! ft 11 lw , I Fill! '$w rl 0 Lot Design, Preparation & Development Resource Efficiency _ Energy Efficiency Water Efficiency 1E Indoor Environmental 0 O&M & Homeowner Education 500 Ocean I LeCeSSe Boynton Beach, FL DEVELOPMENT CORP a 0 Lot Design: Located Near Community Resources 0 Lot Design: Native Drought Resistant Plantings Resource Efficiency: Construction Waste Management Plan 10 Lot Design: Permeable Pavers 500 Ocean I LeCeSSe Boynton Beach, FL DEVELOPMENT CORP q WIN a - Energy Efficiency: High Performance Insulation & Optimized Installation Methods Energy Efficiency: High Performance Duct Work & Optimized Installation Methods Energy Efficiency: High Performance HVAC Systems Third Party Verification: Independent Rough & Final Green Building Inspections 500 Ocean I LeCecre Boynton Beach, FL DEVELOPMENT b0bMIFCORP 500 Ocean Boynton Beach, FL Energy Efficiency: Enhanced Window Products Resource Efficiency: Recycled Content Block Resource Efficiency: Advanced Framing Techniques Home Owner Education : Tankless Natural Gas Hot Water Heating LeCer,r.e�P DEVELOPMENT Y 500 Ocean Boynton Beach, FL y Energy Efficiency: Energy Star Appliances 0 Water Efficiency: Low Flow Faucets and Low Flush Water Closets 0 Energy Efficiency: Tankless Natural Gas Hot Water Heating Energy Efficiency: Energy Efficient Light Fixtures & Lamps LeCeSSe Co 1 ,v Energy Efficiency Benefits Home Energy Rating Index (HERS °) Q 62 500 Ocean I LeCeSSe Boynton Beach, FL DEVELOPMENT CORP 150 140 Existing ___ 130 Homes -- 120 110 Standard New Home 100 90 — 80 70 500 Ocean 60 50 40 30 20 Zero Energy I 10 Home 62 500 Ocean I LeCeSSe Boynton Beach, FL DEVELOPMENT CORP N � � J � �' ter• ~ � , Energy Efficiency Benefits (Economic) 500 Ocean —Total 10 year utility savings for all tenants $6541720 Monthly Per $85 $69 $16 Tenant Yearly Per $1,020 $828 $192 Tenant 10 Year Per $10,200 $8,280 $1,920 Tenant 10 Year All $3,478,200 $2,823,480 $654,720 Tenants LeCer,r,e - e ; r: .4111E �r 0 Energy Efficiency Benefits (Community) 500 Ocean — Total 10 year carbon reductions from energy efficiency for all tenants 308 Metric tons, which is equivalent to: Emissions from driving 904,762 miles/year by O!Fnib an average passenger vehicle Emissions from sending 136 tons of solid waste to the landfill En, fissions from burning 405,163 pounds of coal Amt. of carbon sequestered by 136 acres cit U.S. forests in one year LeCer,r,e�P 0 Water Conservation Benefits 500 Ocean — Total 10 year water savings impact for all residents 38.5 Million gallons Daily Per 88 gal 57 gal Tenant Yearly Per 32,120 gal 20,805 gal Tenant 10 Year Per 321,200 gal 208,050 gal Tenant 10 Year All 109,529,200 gal 70,945,050 gal Tenants 31 gal 11,315 gal 35% 113,150 gal 38,584,150 gal LeCeSSe CORP _. •mss• 0 0 Water Conservation Benefits 500 Ocean — Total 10 year water savings impact for all residents 38.5 Million gallons Daily Per 88 gal 57 gal Tenant Yearly Per 32,120 gal 20,805 gal Tenant 10 Year Per 321,200 gal 208,050 gal Tenant 10 Year All 109,529,200 gal 70,945,050 gal Tenants 31 gal 11,315 gal 35% 113,150 gal 38,584,150 gal LeCeSSe CORP Energy Efficiency Benefits 500 Ocean — Total 10 year carbon reductions for all tenants 38.5 Water need to fill Million gallons, which is equivalent to: 58 Annual water used by } 3 265 Olympic size families of swimming four pools LeCer,r,e DEVELOPMENT COP Median Household Income* Average Household Income* Median All Owner -Occupied Housing Value* Average Monthly Rental Rates** 1 Bedroom 2 Bedroom 3 Bedroom * - Nielsen 10/14 ** - Reinhold P. Wolff 5/14 500 Ocean Boynton Beach, FL $41,280 $43,459 $41,280 $58,710 19. $54,225 $66,849 $54,225 $89,925 39.7% $139,776 $170,921 18.2° $139,776 $305,626 -54.3% $1,140 $1,458 -21.8% $1,140 $1,398 18.5% $1,367 $1,653 -17.3% $1,367 $1,887 17.6% $1,607 $1,730 -7.1% $1,607 $2,428 ?3 R% LeCeSSe 2014 Value of the Project after Redevelopment $ 3,9.21,916 $ 67,000,000 Project Increment TIF Evaluation Using Front Loading Model TIF Revenue created b Project $ 759,928 $ 823,922 $ 848,640 $ 874,099 $ 900,322 Year? Year 1 Year Year Years 1 Year 1 Year? 1 Year 1 Year Year 10 % of TIF to 500 Award Factor 75.0%j 0,751 0.751 0.751 0.5ol Assessed Value of Pro ect 3°6 Increase Per Year) 0.251 0.25 0-2 5T 0.25 Project Increment $ 63,078,084 $ 64,970,427 $ 66,919,539 $ 68,927,125 $ 70,994,939 $ 73,124,787 $ 75,318,531 IS 77,578,087 1 $ 79,905,430 $ 82,302,592 238,-7-8-8F$ 245,952 $ 253,330 $ 260,930 TIF Revenue = (95% of Project Increment X (City Millage + County Millage) City Mlllage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Mlllage Rate City Millage Rate 1 City Millage Rate" 0.0079 0.0079 0.0079 0.0079 0.0079 0.0079 0.0079 0.0079 0.0079 0.0079 City TIF Contribution = 95% of Project Increment X CityMillage $ 473,401 $ 513,266 $ 528,664 $ 544524 $ 560,860 $ 577,686 $ 595,016 $ 612,867 $ 631,253 $ 650,190 County County MiN age County Millage Millage Rate I Rate I Rate I County Millage Rate 1 County MillagC Rate I County Millage Rate I County Millage Rata I County Millage Rate I County Millage Rate 2 Coun Millage Rate' 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 0.0047815 County Contribution = 95% of Project Increment XCoun Millage $ 286,527 $ 310.6561$ 319,976 $ 329,575 $ 339.4621$ 349,6461$ 360,1361$ 370,940 $ 382.0681$ 393,530 5®o $ 4,392,770 % of TIF to CRA I CRA I CRA I CRA I CRA I CRA I CRA I CRA I CRA I GRA GRA Is 189.9821$ 205,981 $ 212,160 1 $ 218,525 $ 450,161 $ 463,666 $ 716,364 $ 737,855 1 $ 759,991 1 $ 782,790 $ 4,737,474 Project Increment TIF Revenue created b Project $ 759,928 $ 823,922 $ 848,640 $ 874,099 $ 900,322 $ 927,332 1 $ 955,1521$ 983,807 1 $ 1,013,321 1$ 1 043,720 Incentive Award = Award Factor X TIF Revenue created by Project % of TIF to 500 % of TIF to 500 % of TIF to 600 % of TIF to 500 % of TIF to 500 % of TIF to 500 % of TIF to 500 % of TIF to 500 % of TIF to 500 Award Factor 75.0%j 0,751 0.751 0.751 0.5ol 0.501 0.251 0.25 0-2 5T 0.25 Preliminary Incentive Award to Developer $ 569,9461$ 617,9421$ 636,480 $ 655,575 $ 450,1611 S 463,6661$ 238,-7-8-8F$ 245,952 $ 253,330 $ 260,930 5®o $ 4,392,770 % of TIF to CRA I CRA I CRA I CRA I CRA I CRA I CRA I CRA I CRA I GRA GRA Is 189.9821$ 205,981 $ 212,160 1 $ 218,525 $ 450,161 $ 463,666 $ 716,364 $ 737,855 1 $ 759,991 1 $ 782,790 $ 4,737,474 C Developer's Estimate Year alt Year 2 1 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year_9_ Year 10 Assessed Value of Project 13% Increase Per Yearl Pro'ect Increment $ 63,078,084 $ 64,970,427 $ 66,919,539 $ 68,927,125 1 $ 70,994,939 1 $ -73.1 24,787 $ 75,318,531 I $ 77,578,087 $ 79,905,430 $ 82,302,592 % of TIF to 500 % of TIF to 500 % of TIF to 500 500 500 % of TIF to 500 % of TIF to 500 500 500 Award Factor 50.0% 50.0%1 TIF Revenue = (95% of Project Increment X (City Millage + County Millage} 50.0%50.0%T City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate City Millage Rate 1 City Millage Rate" 0.0079 0.0079 0.0079 0.0079 0.0079 0,0079 0.0079 0.0079 0.0079 0.0079 City TIF Contribution = 95% of Project Increment X CityMillage $ 473,401 $ 513,266 $ 528,664 $ 544,524 $ 560,860 $ 577,686 $ 595,016 $ 612,867 $ 631,253 $ 650,190 °A of TIF to CRA % of TIF to CRA County County Millage Millage Rate Rate County Millage Rate County Millage Rate County Millage Rate County Millage Rate County Millage Rate County Millage Rate County Millage Rate 2 County Milla a Rate' 0.0047815 0.0047815 0.0047815 U0478151 0.00478151 0.00478161 0.00478151 0.00478151 0.00478151 0.0047815 County Contribution = 95% of Project Increment County Millage 1 $ 286,527 $ 310,656 $ 319,976 $ 329,575 $ 339,462 $ 349,646 $ 360,136 $ 370,940 $ 382,068 1 $ 393,530 Project Increment TIF Revenue created by Project $ 759,928 $ 823,9221$ 84$640 $ 874,099 J $ 900,322 $ 927,332 $ 955,152 $ 983,807 $ 1,013,321 $ 1,p43,720 Incentive Award= Award Factor X TIF Revenue created b Pro ect % of TIF to 500 % of TIF to 500 % of TIF to 500 500 500 % of TIF to 500 % of TIF to 500 500 500 Award Factor 50.0% 50.0%1 50,0%f 50.0%50.0%T 50,0%1 50.0%1 50.0%1 50.0%1 50.0% Preliminary Incentive Award to Developer $ 379,964 $ 411,961 $ 424,320 $ 437,050 5 450,161 $ 463,666 $ 477,576 $ 491,903 $ 506,660 $ 521,860 % of TIF to CRA $ 379,964 % of TIF to CRA $ 411,961 % of TIF to CRA % of TIF to CRA % of TIF to CRA °A of TIF to CRA % of TIF to CRA % of TIF to CRA % of TIF to CRA % of TIF to CRA $ 424,320 $ 437,050 $ 450,161 $ 463,666 $ 477,576 $ 491,903 $ 506,660 $ 521,860 Soo $ 4,565,122 CRA $ 4,565,122 k, BOYNTO t .... BEACj CRA�. mom ♦ BOARD MEETING October I Consent Agenda Old t n., I I LegalInformation Only SUBJECT: Consideration of Entering into an Exclusive Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 480 E. Ocean Avenue SUMMARY: The CRA has invested considerable funds into the property located at 480 E. Ocean Avenue with a two -fold purpose; first, to transform a vacant parking lot into an active commercial use and second, to preserve one of the few remaining historic structures in the City. This project was the recipient of an FRA award last year. The tenant of the property, Chrissy Benoit, Adventurous Palate, informed the CRA that her last day of tenancy would be September 30, 2014. Notice was provided to Ms. Benoit that she was in breach of the lease on October 1, 2014 and has 20 days to cure the breach (October 21). In seeking a new tenant for this property, it is imperative that the CRA use all resources available to it in order to secure the best tenant or purchaser for the site. When the CRA issued the first RFP, it only received two proposals one of which was Adventurous Palate the last tenant. Staff researched who was doing the most in restaurant leasing and sales in Palm Beach County and the name Prakas & Co. emerged as the only broker specializing in this field. The CRA also has experience with Mr. Prakas as he sold a liquor license for the Agency which was purchased to aid in the shutdown of an adult club. Mr. Prakas has visited the site and feels very confident that he can find a tenant or buyer that will operate a successful business that will bring traffic to the area. Mr. Prakas will be responsible for meeting interested parties on the site, responding to calls, advertising the property and for reviewing the proposals and ranking them based on sound business principles and market concepts that will be successful in this area. Mr. Prakas' commission is 5% of the base lease rental amount for the full term of the initial lease if he is the sole broker or 6% if there is another broker. The minimum commission is $10,000. The CRA attorney has confirmed that the Board can enter into an exclusive listing arrangement with a broker without going out for a Request for Qualification or Proposal. FISCAL IMPACT: The amount will be determined by the lease or sale terms set by the Board. PROJECT:CRA PLAN, PROGRAM OR Downtown Vision and Master Plan T :'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\October 20141Prakas Agreement 480.doc BOYNTON'i BEACt, �>RA RECOMMENDATIONS/OPTIONS: Approve entering into an Exclusive Listing Agreement for Sale or Lease for Commercial Property for 480 East Ocean Avenue with Prakas & Co. ivian L. 6rooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslOctober 20141Prakas Agreement 480.doc Florida's Premier Restaurant Broker 1800 NW 1St Court BOCA RATON, FLORIDA 33432 (561) 368-0003 EXCLUSIVE LISTING AGREEMENT FOR SALE OR LEASE OF COMMERCIAL PROPERTY THIS AGREEMENT GIVES THE BROKER AN EXCLUSIVE RIGHT TO SELL OR LEASE, AS APPLICABLE, THE PROPERTY. UNDER AN EXCLUSIVE RIGHT TO SELL OR LEASE THE BROKER EARNS HIS OR HER COMMISSION ON THE SALE OR LEASE BY WHOMEVER MADE, INCLUDING THE OWNER, OR ON THE PROCUREMENT OF A READY, WILLING AND ABLE PURCHASER OR LESSEE ACCORDING TO TERMS HEREOF. In consideration of the services of DMP Brokers INC. d/b/a PRAKAS & CO (Broker), Boynton Beach Community Redevelopment Agency_(Owner) exclusively lists with Broker for a period commencing October 15, 2014 and terminating at midnight January 6, 2015 the following property, 480 E. Ocean Avenue, Boynton Beach, FL 33435 (the Property), on the following terms. Broker is given the sole and exclusive right to sell or lease the Property on the terms and conditions outlined in Exhibit "A", attached hereto and made a part hereof. Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this agreement will automatically extend through the date of the actual closing of the sales contract. In consideration of the efforts of PRAKAS & CO (Broker) in securing an offer to purchase or lease the Property, I (Owner) agree as seller or lessor to pay a professional service fee to PRAKAS & CO as follows: Broker's Lease Commission 1. In the event of a lease of the Property by Broker or by anyone, including the Owner, Owner agrees to pay Broker a commission computed at Broker's minimum rates as follows. (a) The commission on the rental shall be equal to 5 % of the base lease rental amount for the full term of the initial lease. If the lease is co -brokered the commission shall be 6%. Minimum commission payable to Broker is ten thousand dollars ($10,000.00). (b) Notwithstanding the foregoing, if Owner fails or refuses to consummate a lease with a Lessee, procured or presented to Owner during the term of this agreement, who is ready, willing and able to lease the Property on the terms and conditions outlined in Exhibit "A" hereto, Broker shall nonetheless be entitled to payment by Owner of a commission equal to 3% of the base lease rental amount for the full term of the proposed lease. Broker's Sale Commission 1. In the event of a sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable) at a Selling Price acceptable to Owner, to a purchaser presented to Owner or found by Broker or by anyone, including Owner, Owner agrees to pay Broker a sales commission of 5% of the Selling Price. The sales commission shall be due and payable at the consummation of the sale transaction, except otherwise provided in this agreement. Minimum commission payable to Broker is ten thousand dollars ($10,000.00). Notwithstanding the foregoing, if Owner fails or refuses to consummate the sale to a purchaser, procured by Broker or anyone, including Owner, who is ready, willing and able to purchase the Property on the terms and conditions outlined on Exhibit "A" hereto, Broker shall nonetheless be entitled to payment by Owner of a commission equal to 3% of the proposed Selling Price. As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and//or assets of the business, as applicable). Commission Rights 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, exchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity owning such Property. If the Property is sold or leased by Owner or for Owner, within one (1) year after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the case may be, as set forth above. Marketable Title 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner represents that the title to the Property is marketable and the Property can be sold or leased by Owner on the terms and conditions recited above. In the event of a sale, Owner agrees to furnish the purchaser a good and sufficient bill of sale. Owner Obligations 5. Owner agrees to the following: (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance or rejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show during reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). 2 (e) Owner will make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transferred from the City to the CRA if a sale is approved by the CRA to a potential buyer. (f) Owner will immediately inform Broker of any material facts that arise after execution of this agreement. (g) Owner will consult with appropriate professionals for specialized advice such as foreign reporting requirements, legal, tax and environmental matters. (h) Owner warrants the accuracy of the information set forth in this agreement, including the attachments and addenda hereto and agrees to indemnify and hold harmless Broker and those parties relying thereon for any damages as a result of such errors. Broker's Duties b. In consideration of the foregoing listing and agreement, Broker agrees to the following: (a) to use diligence in obtaining a purchaser or tenant, however, this agreement does not guarantee the sale or lease of the Property. (b) to present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale. (c) to take reasonable measures to prevent damage to the Property while the Property is being viewed by others, however, Broker shall have no liability for any loss, vandalism, theft or damage of any nature to the Property. Advertising & Marketing 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Owner authorizes Broker, the MLS, and/or Association of Realtors to use, license or sell the active listing and sold data. Broker may provide objective comparative market analysis information to potential buyers or lessees. Forfeited Deposits 8. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (112) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be full payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. Discrimination 9. Discrimination in the selection of potential tenant and purchaser because of race, creed, religion, handicap, color, national origin, sex, marital status or any other factor protected by federal, state or local law is prohibited. Successors and Assigns 10. This agreement shall be binding on the successors and assigns of Owner and Broker. Owner Warranties 11. Owner warrants that it has authorized this exclusive -listing agreement by and through an authorized agent or if unincorporated, Owner has authority to act for all parties in interest. Escrow Requirements 12. All money paid on account of the real estate transaction to Broker, regardless of the payment form shall be retained by Broker, Owner's attorney, or a third party as agreed upon by the applicable parties in an escrow or trust account for the benefit of the parties to the transaction. Receipt of Copy 13. Owner acknowledges receipt of a copy of this exclusive listing agreement and accepts the terms and conditions contained in this agreement. Any modifications to this agreement shall be in writing and signed by both parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other ply. Lien Rights 14. Commercial Sales Lien Act Disclosure The Florida Commercial Real Estate Sales Commission Lien Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Commercial Leasing Lien Act Disclosure The Florida Commercial Real Estate Leasing Commission Lien Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your interest in the property for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Indemnification. 15. Owner agrees to indemnify Broker and hold Broker harmless from losses, damages, costs or expenses of any nature, including attorney's fees, and from liability to any person, that Broker incurs because of (a) Owner's negligence, representations, misrepresentations, actions or inactions, (b) the existence of undisclosed material facts about the Property, (c) Owner's failure to comply with the terms C! and conditions of this agreement, (d) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. Applicable Law; Dispute Resolution. 16. This agreement will be construed in accordance with Florida law. All claims, controversies and other matters in question between the parties arising out of or relating to this agreement or an alleged breach hereof shall be decided by binding mandatory arbitration in accordance with the Florida Arbitration Code, Chapter 682 of the Florida Statutes. Each party shall select an arbitrator and the two (2) arbitrators shall select a third arbitrator. The three (3) arbitrators chosen shall hear and determine the matter. This provision to arbitrate shall be enforceable under the Florida Arbitration Code. Any judgment entered by the arbitrators may be entered by a Court having proper jurisdiction. The prevailing party shall be entitled to recover all fees and costs incurred in connection with the arbitration and the enforcement of any such decision, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have signed this Agreement this 2014. WITNESS: OWNER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry Taylor, Chair AGENT: (rev. 3111/08) DMP BROKERS. d/b/a PRAKAS & CO. ma Charles C. Prakas 5 EXHIBIT "A" LIST DATE: 110122114 EXPIkEbATE: 11'7115 Type of Business: Restaurant and/or Bar Legal Description of Property & Property Address: 480 East Ocean Avenue, Boynton Beach, Fl. 33435 is I & 2, Blk 8, Original Town of Boynton, Palm Beach County Name of Corporation: Boynton Beach Community Redevelopment Agency (Boynton each CRA) Name of owner: Boynton Beach CRA Contact person: Theresa Utterback Business Address: 710 N. Federal Highway, Boynton Beach, FL 33435 Bus. Phone: 561-600-9094 Cell: 954-296-7327 Fax: 561-737-3258 E-mail: utterbackt bbflus Sale: Business—, Licenses: Assets:— Property:_X_ Lease: Assets Included In Sale: Furnishings / Fixtures & Equipment- See Exhibit '1B"_TBD_ Purchase/ SALE Price* _TBD_ Down Payment: _ TBD_ Gross Sales: N/A — Owner's Comp: Year N/A Square Feet (SPACE):_? Seating: Interfors atin Sidewalk seating for 72 is permitted by the City LOT SIZE:_ 0.2876 Parking: Building has its own parking lot w/ 13 spaces - on street parking also available. Lease Rate: $ Per Mo. -,TBD- Gross: / NNN: _TBD_ Terms / Years: _TBD_ Options: JBD. Real Estate Taxes: -TBD- Insurance: _TBD_CAM: -TBD- Basic Expense Items: Electric: -UNKNOWN- Gas: _UNKNOWN- Water: -UNKNOWN- Waste: -UNKNOWN_ Other: Lease/Deed/Franchise Restrictions/Exclusives: Deed restriction on tearing building down, Advertising / Property Signs: Yes Showing Instructions: Will provide key and alarm code. Comments: None Directions: 1-95 to Boynton Beach Blvd. (Exit 57) at tacrest Blvd.; South on Seacrest; East on can Avenue (which is 2 nd left off Seacrest); proceed East over railroad tracks & building is at 4 way stop at East Ocean Ave & SE 41h Street, South side Owner/Seller Date Listing Agent Date 1018/2014 `?'_9w.1.?'..r' . € 3 , 1 -X 1 u m i Prakas Prakas & Co http://prakascompany.com/ 1/3 1018/2014 Restaurant broker to open Rhino Doughnuts & Coffee ZMEMM tom@prakascompany.com Contact Form Prakas & Co I RUA FUJ Featured Properties Mpfiprakascompany,com/ 213 1018/2014 About us I Prakas & Co l - e � --- — �— ., ,,- ll� j g�4 L 1 " v— I Y't" Athan "Toni" Prakas W YPRAKAS & CO http:l/prakascompany.com/aboLA-us m 113 101812014 About us Prakas & Co Click to view the publications that Prakas & Co currently advertises with. RIULCTURLI APPRAISALS/BLISINESS EVALUATION ON ,. _# ASR UPTIVE http:l/prakascom pany.com/about-us 213 101812014 About us I Prakas & Co PRA' AS& rl'O 111% LU . et 1 17 T 0 U L I I tom4ftrakascornpanyxom Contact Form (c) 2014 Prakas & Co. AH rights reserved. http://prakascompany.comiaboLrt-us 313 i, 4 Current and Former Clients of Restaurant Broker Tom Prakas Prakas and Company fiFL d' //Y"o � 5au 1 r Doughn°°utie 8c Go##ems mum N01J http://prakascompany.com/clieryts 116 1018/2014 frN M11, Current and Former Clients of Restaurant Broker Tom Prakas Prakas. and Company LOBSTEP,_!!��R, 19711 ii� hftp:#prakascompany,com/clients 218 1018/2014 Current and Former Clients of Restaurant E+e T_ Rka @ka and Company � ©« � ! . .) ( ! ±Rzzprah«_Pn mord. s 3/6 <riBOYNTON�BEACRICRA CRA BOARD MEETING OF: October 14,2014 Consent Agenda Old Business 1X1 New Business Legal Information Only SUBJECT: Consideration of Entering into an Exclusive Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 211 E. Ocean Avenue SUMMARY: The CRA Board voted at the August budget meeting to actively market this property. This historic property is located between the amphitheater and the soon to be built 500 Ocean project. With the right user and vision, the property has great potential to add traffic and life to Ocean Avenue. There are many examples of similar properties in other cities that have done just that. The Board allocated $200,000 for the successful respondent to help with renovations, permits, etc. Additionally, the respondent may access the CRA's Economic Development Grant programs to assist with the build -out. In seeking a tenant for this property, it is imperative that the CRA use all resources available to it in order to secure the best tenant or purchaser for the site. The CRA on its own does not have access to the restaurant/bar network. . Staff researched who was doing the most in restaurant leasing and sales in Palm Beach County and the name Prakas & Co. emerged as the only broker specializing in this field. The CRA also has experience with Mr. Prakas as he sold a liquor license for the Agency which was purchased to aid in the shutdown of an adult club. Mr. Prakas has visited the site and feels very confident that he can find a tenant or buyer that will operate a successful business that will bring traffic to the area. Mr. Prakas will be responsible for meeting interested parties on the site, responding to calls, advertising the property and for reviewing the proposals and ranking them based on sound business principles and market concepts that will be successful in this area. Mr. Prakas' commission is 5% of the base lease rental amount for the full term of the initial lease if he is the sole broker or 6% if there is another broker. The minimum commission is $10,000. The CRA attorney has confirmed that the Board can enter into an exclusive listing arrangement with a broker without going out for a Request for Qualification or Proposal. FISCAL IMPACT: The amount will be determined by the lease or sale terms set by the Board. CRA LAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\October 20141Prakas Agreement 211.doc 4w� � BOYNTO =BEAC J'. RA RECOMMENDATIONS/OPTIONS: Approve entering into an Exclusive Listing Agreement for Sale or Lease for Commercial Property for 211 East Ocean Avenue with Prakas & Co. Vivian L. Brooks Executive Director T:%AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingslOctober 20141Prakas Agreement 211.doc • Florida's Premier Restaurant Broker LI NW I" Court INOCA r FLORIDA arr EXCLUSIVE LISTING AGREEMENT FOR SALE OR LEASE OF COMMERCIAL PROPERTY THIS AGREEMENT GIVES THE BROKER AN EXCLUSIVE RIGHT TO SELL OR LEASE, AS APPLICABLE, THE PROPERTY. UNDER AN EXCLUSIVE RIGHT TO SELL OR LEASE THE BROKER EARNS HIS OR HER COMMISSION ON THE SALE OR LEASE BY WHOMEVER MADE, INCLUDING THE OWNER, OR ON THE PROCUREMENT OF A READY, WILLING AND ABLE PURCHASER OR LESSEE ACCORDING TO TERMS HEREOF. In consideration of the services of DMP Brokers INC. d/b/a PRAKAS & CO (Broker), Boynton Beach Community Redevelopment Agency_(Owner) exclusively lists with Broker for a period commencing October 15, 2014 and terminating at midnight January 6, 2015 the following property, 480 E. Ocean Avenue, Boynton Beach, FL 33435 (the Property), on the following terms. Broker is given the sole and exclusive right to sell or lease the Property on the terms and conditions outlined in Exhibit "A", attached hereto and made a part hereof Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this agreement will automatically extend through the date of the actual closing of the sales contract. In consideration of the efforts of PRAKAS & CO (Broker) in securing an offer to purchase or lease the Property, I (Owner) agree as seller or lessor to pay a professional service fee to PRAKAS & CO as follows: Broker's Lease Commission 1. In the event of a lease of the Property by Broker or by anyone, including the Owner, Owner agrees to pay Broker a commission computed at Broker's minimum rates as follows. (a) The commission on the rental shall be equal to 5 % of the base lease rental amount for the full term of the initial lease. If the lease is co -brokered the commission shall be 6%. Minimum commission payable to Broker is ten thousand dollars ($10,000.00). (b) Notwithstanding the foregoing, if Owner fails or refuses to consummate a lease with a Lessee, procured or presented to Owner during the term of this agreement, who is ready, willing and able to lease the Property on the terms and conditions outlined in Exhibit "A" hereto, Broker shall nonetheless be entitled to payment by Owner of a commission equal to 3% of the base lease rental amount for the full term of the proposed lease. Broker's Sale Commission 1. In the event of a sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable) at a Selling Price acceptable to Owner, to a purchaser presented to Owner or found by Broker or by anyone, including Owner, Owner agrees to pay Broker a sales commission of 5% of the Selling Price. The sales commission shall be due and payable at the consummation of the sale transaction, except otherwise provided in this agreement. Minimum commission payable to Broker is ten thousand dollars ($10,000.00). Notwithstanding the foregoing, if Owner fails or refuses to consummate the sale to a purchaser, procured by Broker or anyone, including Owner, who is ready, willing and able to purchase the Property on the terms and conditions outlined on Exhibit "A" hereto, Broker shall nonetheless be entitled to payment by Owner of a commission equal to 3% of the proposed Selling Price. As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable). Commission Rights 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, exchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity owning such Property. If the Property is sold or leased by Owner or for Owner, within one (1) year after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the case may be, as set forth above. Marketable Title 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner represents that the title to the Property is marketable and the Property can be sold or leased by Owner on the terms and conditions recited above. In the event of a sale, Owner agrees to furnish the purchaser a good and sufficient bill of sale. Owner Obligations 5. Owner agrees to the following: (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance or rejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show during reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). 2 (e) Owner will make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transferred from the City to the CRA if a sale is approved by the CRA to a potential buyer. (f) Owner will immediately inform Broker of any material facts that arise after execution of this agreement. (g) Owner will consult with appropriate professionals for specialized advice such as foreign reporting requirements, legal, tax and environmental matters. (h) Owner warrants the accuracy of the information set forth in this agreement, including the attachments and addenda hereto and agrees to indemnify and hold harmless Broker and those parties relying thereon for any damages as a result of such errors. Broker's Duties 6. In consideration of the foregoing listing and agreement, Broker agrees to the following: (a) to use diligence in obtaining a purchaser or tenant, however, this agreement does not guarantee the sale or lease of the Property. (b) to present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale. (c) to take reasonable measures to prevent damage to the Property while the Property is being viewed by others, however, Broker shall have no liability for any loss, vandalism, theft or damage of any nature to the Property. Advertising & Marketing 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Owner authorizes Broker, the MLS, and/or Association of Realtors to use, license or sell the active listing and sold data. Broker may provide objective comparative market analysis information to potential buyers or lessees. Forfeited Deposits S. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (1/2) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be full payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. 3 Discrimination 9. Discrimination in the selection of potential tenant and purchaser because of race, creed, religion, handicap, color, national origin, sex, marital status or any other factor protected by federal, state or local law is prohibited. Successors and Assigns 10. This agreement shall be binding on the successors and assigns of Owner and Broker. Owner Warranties 11. Owner warrants that it has authorized this exclusive -listing agreement by and through an authorized agent or if unincorporated, Owner has authority to act for all parties in interest. Escrow Requirements 12. All money paid on account of the real estate transaction to Broker, regardless of the payment form shall be retained by Broker, Owner's attorney, or a third party as agreed upon by the applicable parties in an escrow or trust account for the benefit of the parties to the transaction. Receipt of Copy 13. Owner acknowledges receipt of a copy of this exclusive listing agreement and accepts the terms and conditions contained in this agreement. Any modifications to this agreement shall be in writing and signed by both parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. Lien Rights 14. Commercial Sales Lien Act Disclosure The Florida Commercial Real Estate Sales Commission Lien Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the broker's commission. The broker's lien rights —ider the act cannot be waived before the commission is earned. Commercial Leasing Lien Act Disclosure The Florida Commercial Real Estate Leasing Commission Lien Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your interest in the property for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Indemnification. 15. Owner agrees to indemnify Broker and hold Broker harmless from losses, damages, costs or expenses of any nature, including attorney's fees, and from liability to any person, that Broker incurs because of (a) Owner's negligence, representations, misrepresentations, actions or inactions, (b) the existence of undisclosed material facts about the Property, (c) Owner's failure to comply with the terms 11 and conditions of this agreement, (d) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. Applicable Law; Dispute Resolution. 16. This agreement will be construed in accordance with f lorida law. All claims, controversies and other matters in question between the parties arising out of or relating to this agreement or an alleged breach hereof shall be decided by binding mandatory arbitration in accordance with the Florida Arbitration Code, Chapter 682 of the Florida Statutes. Each parry shall select an arbitrator and the two (2) arbitrators shall select an third arbitrator. The three (3) arbitrators chosen shall hear and determine the matter. This provision to arbitrate shall be enforceable under the Florida Arbitration Code. Any judgment entered by the arbitrators may be entered by a Court having proper jurisdiction. The prevailing party shall be entitled to recover all fees and costs incurred in connection with the arbitration and the enforcement of any such decision, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have signed this Agreement this 2014. WITNESS: AGENT: (rev. 3111108) OWNER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry Taylor, Chair DMP BROKERS. d/b/a PRAKAS & CO. 0 Charles C. Prakas 5 EXHIBIT 1 , D Type of Business: Restaurant and/or Bar Legal Description of Property & Property Address: 211 East Ocean Avenue, Boynton Beach, FL 33435 - Lots 13 ik 4, Original Town of Boynton, Plat Book1, Page 23, Palm Beach Name of Corporation: Boynton BeachCommunity Redevelopment Agency (Boynton Beach Name of owner: Boynton Beach CRA Contact person: Theresa Litter ac Business Address: 710 N. Federal Highway, Boynton Beach, Fl. 33435 Bus. Phone: 561- Cell: 954-296-7327 Fax: -737-3 E-mail: utterbackt@bbfl.us Sale: Business Licenses: Assets:Property:–X—, Lease: Assets Included In Sale: Furnishings 1 Fixtures & Equipment- See Exhibit "B"_N/A Purchase/ SALE Price: _ Down Payment: . _1 Gross Sales: N/ Owner's Comp: Year /A Square Feet (SPACE):_ 3 –Seating: TBD - Based on conceptual drawings; seatinfor up to 112, garden seating for up to 44, for a total seating count of 156 LOT SIZE:_ 0.3154 Parking: Public Parkinglocated o st Ave't St with lighted lic walkway next to the property. Lease Rate: $ Per Mo. _TBD_ Gross: / NNN: Terms / Years: –TBD_ Options: _TBD_ Real Estate Taxes: –TBD– Insurance: CAM: Basic Expense Items: Electric: N Gas: –UNKNOWN– Water: - UNKNOWN - Waste: Other: Lease/Deed/Franchise Restrictions/Exclusives: Deed restriction on tearing uil ire n. Advertising / Property Signs: Yes, in front of building Showing Instructions: Will provide key and alarm code. Comments: None Directions: 1-95 to BoyntonBeach Blvd. (Exit 7East to Se cr st Blvd.; South on Seacre; East on Ocean Avenue (which is " left off Seacest; 211 is on the North side after stop sign st Avenue. Owner/Seller Date Listing Agent Date 1018/201.4 r Prakas & Co I http://prakascompany.comi 118 10/8/2014 R-e,s-tattrant broker to open 1-thdrio Doughinuts & Coffee Read Wre to mg,'prakascom pany,com Contact Form F e a t U Prakas &Co I oaturvd Properties Prime Restaurant Space Patio Bar & Roo, Top Bar Available at Esperante WP13 Old Florida Seafood House Karma Sushi & Steakisar in Mizner Park For Sale Ramada Inn Restaurant For Lease Club 313 Clernatis Street Available For Sale or Lease PGA Nightclub -Alt.'s Buckwild Saloon Downtown Delray Beach Restaurant For Sale Huge Price ReductionM Fort Lauderdale Restaurant For Sale, FL Orange Theory Far Sale: Delray Each, FL All Day Cafe For Sale Coconut Creek, FL http://prakascompany.comi 213 10/8/2014 About us I Prakas & Co Athan "Tom" Prakas Christian Prakas Randy O'Donnell WHY PRAKA'S & CO ? j http://prakascompany.com/aboLit-us 10/8/2014 About us I Prak:as & Co hck to view the publications that Pres & Courr ntl advertises with. �, LIE ARP . III SES. V g httpJlprakascom pany.com/about-us 213 101812014 -wv w"A e J- F, AA aw co" f /V I I I— w of G R I L L Current and Former Clients of Restaurant Broker Tom Prakas Prakas and Company R iW " im ff reyq 3 Vag -1 -, 16 CS tRUFO, 17 V Ono A i's fe If were 8, braft Pred'. bry pry 71; —9— . 9-0 �' yj� L 0-970,M7 hftp://prakascompany.comiclients 1/6 10/812OU Current and Former Clients of Restaurant Broker Tom Prakas Prakas and Company ftft"ge-, ODSHACK Jg��,.� � k M M http://prakascompany.com/clients M i- N Current and Former Clients of Restaurant Broker Tom Prakas Prakas and Company J F-UrNIZ M;SArd GPM -3, http://prakascompany.com/clients 316 'wowF 9Yo VYdl s e,. q - 'G'4.• J F-UrNIZ M;SArd GPM -3, http://prakascompany.com/clients 316 1k k 1� BOYN ToRA """v124114 }� CRA BOARD MEETING OF' October 14, 2014 Consent Agenda Old Business X1 New Business ( Legal Information Only SUBJECT: Consideration of Issuing a Request for Qualifications and Proposals for CRA Owned Property at 480 E. Ocean Avenue SUMMARY: On August 25, 2014, the CRA was notified by the tenant of 480 E. Ocean Avenue that she was terminating her lease with the CRA. (See attached e-mail from Chrissy Benoit.) Staff immediately notified the CRA Board attorney and asked what the next steps would be for the Board. Mr. Spillias has provided a memo that outlines the possible actions. (See Attached Memo.) Mr. Spillias points out that the Board has three options of re-leasing the property; assign the lease under the terms of the lease, issue a Request for Proposal or use the 30 day notice provision under SS 163.380(3)(a). There are pros and cons to each approach. Assigning the lease would ensure a quick reopening of the building. However, it does not give the opportunity to change the financial terms of the lease. Given the fact that 500 Ocean has been approved, the CRA may want to consider looking at new financial terms for the building. The current lease was created during the recession and was designed to ensure a business would survive in that environment. Also, this approach does not reach a broader audience that might be interested in investing in this area. Using the 30 day notice approach does not allow time for marketing of the property to a broader audience or the necessary preparation of a thorough business plan by a respondent. This could result in selecting an ill -qualified proposer that in the end cannot finance the project or is ultimately unsuccessful in their endeavor. Therefore, staff is recommending that the Board utilize the Request for Qualification/Request for Proposal approach. If success is desired on this site, time is needed to market the site. Serious respondents will need time to prepare estimates and business plans. The Board will want to ensure that they are getting the best possible proposal to ensure the success of the business. The goal of the attached RFQ/RFP is to attract a use that will enliven the Ocean Avenue corridor. Any proposal should include nighttime activity. The RFQ/RFP will be out for consideration for 90 days to allow potential respondents time to make a full inspection of the property, create preliminary designs and obtain construction estimates. i.e.; add a hood system, etc. This step is necessary in order to develop a fully formed financial plan as required by the RFQ/RFP. The marketing of the property will be handled by Tom Prakas of Prakas & Co. who is the most experienced restaurant broker in South Florida. Mr. Prakas will also review and rank the proposals based on his knowledge of the restaurant business and the area market. The highest ranked proposals will be presented to the CRA Board for consideration at the February 10, 2015 CRA Board meeting. Tft AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingslOctober 20141Cover RFP 480 E. Ocean.doc A Cone of Silence shall be in effect for both CRA Board members and CRA staff after the deadline to respond to the RFPIRFQ. During this time, all questions or clarification must be directed to Mr. Prakas. FISCAL IMPACT: The successful respondent may apply for CRA Economic Development grants if they wish to install a hood or range. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS/OPTIONS: Approve issuing the attached RFQIRFP, 1 e. Vivian L. Brooks Executive Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2045 Board Meetingsl0ctober 20441Cover RFP 480 E. Ocean.doc LEWIS LONGMAN & WALKER I PA. A T T b R K E Y S A T L A W Tara W. Duhy tduhy@llw-law.com Reply To: West Palm Beach Office October 1, 2014 VIA CERTIFIED MAIL NO. 7012 2920 000 6180 8594 Adventurous Palate, LLC c/o Ms. Chrissy Benoit 724 Manatee Bay Drive Boynton Beach, FL 33435 Re: Lease for property located at 480 East Ocean Avenue, Boynton Beach Florida Dear Ms. Benoit: On behalf of the Boynton Beach Community Redevelopment Agency, please accept this as written notice of your breach of paragraphs 12 and 15, of the lease for property located at 480 E. Ocean Avenue, Boynton Beach, Florida. A copy of the lease is enclosed. As stated in paragraph 15 of the lease; the property is to be used exclusively as a sit down restaurant. Upon inspection by CRA staff, it is clear the property has been left vacant and is no longer being put to the intended use in violation of this paragraph. Further, pursuant to paragraph 12 of the lease, you are required to maintain adequate insurance. It is our understanding that you are no Ionger adequately insured as required by this provision of the lease. Pursuant to paragraph 17 of the lease, you must resolve these issues within 20 days of the date of this letter which is October 21, 2014. If the CRA has not received adequate proof of insurance and/or -if the property has not been restored to its prior condition and restored to its intended use under the lease, the CRA shall consider you in default and shall seek all available remedies under the lease. TAMPA BAY 101 Riverfront Boulevard Suite 620 Bradenton, Florida 34205 p 941-708-4040 • f 1941-708-4024 06345654-1 See Things Differently' JACKSONVILLE TALLAHASSEE 245 Riverside Avenue 315 South Calhoun Street Suite 150 Suite 830 Jacksonville, Florida 32202 Tallahassee, Florhda 32301 p 1904-353-6410 f 904-353-7619 p� 850-222-5702 • f l 850-224-9242 www.11w-fa W.com WEST PALM BEACH 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 p j 561-640-0820 • f 1561-640-8202 Adventurous Palate, LLC October 1, 2014 Page 2 Kindly govern yourself accordingly. i Sincerely, r la, Tara W. Duhy TWD,'lb Enclosure cc; Vivian Brooks Ken Spillias, Esq. 003958541 LEWIS LONGMAN & WALKER j P.A. a l l r1 a N r r _, A r L,%, TO: Vivian Brooks, Executive Director CC: Michael Simon, Ass't Executive Director Susan Harris, Finance Director Tara Duhy, Esq., Ass't General Counsel FROM: Kenneth G. Spillias, General Counsel DATE: September 2, 2014 Reply to; West Palm Beach SUBJECT: Lease with Adventurous Palate, LLC, d/b/a "The Little House" By email dated August 25, 2014, you were advised by Chrissy Benoit, the principal of Adventurous Palate, LLC, d/b/a, that September will be the last month that she will be operating The Little House in the building that she has leased from the CRA. In the email she has asked the CRA to consider assigning the lease to Mary Sisoian who owns an establishment in Lake Worth called Rudy's. In response to an email from you, Ms. Benoit has indicated that she will be paying September's rent in a timely manner. You have asked me to review the lease and provide staff and the Board guidance in terms of the CRA's rights and remedies, as well as the process for moving forward. The lease does not include provisions addressing the following issues: 1. The CRA's remedies in the event of a default by the tenant. 2, Whether a landlord's lien attaches to the tenants personal property in the event of default. TAMPA BAY 101 Riverfront Boulevard Suite 620 Bradenton, Florida 34205 09394352-2 p1941-708-4040 v f1941.708-4024 See Things Differently`' JACKSONVILLE 245 Riverside Avenue Suite 150 Jacksonville, Florida 32202 1 p 904-353-6410 o f j 904-353-7619 TALLAHASSEE 315 South Calhoun Street Suite 830 Tallahassee, Florida 32301 P � 850.222-5702 • f 1850-224-9242 www-Ilw-law.corn WEST PALM BEACH 515 North Flaglor Drive Suite 1500 West Palm Beach, Florida 33401 p 1 561-640.0820 • f 561-640-8202 3. The landlord's right to repossess the property and when. 4. Given the cost -splitting of the tenant improvements, ownership of the tenant improvements and equipment. 5. The timing of the landlord's right of re-entry and repossession of the property. In the absence of specific provisions regarding these matters, common law and statutory principles would be applied to the situation. My analysis and suggestions are made in the context of these principles applied to the facts presented. A. At this point in time, the tenant has not failed to pay rent or any other amounts due (as additional rent) in a timely manner. Her email could be viewed as what is known as an anticipatory breach of the lease, that is, an unequivocal statement that she does not intend to honor the terms of the lease after September 30. However, while that may be the clear import of her email, declaring an anticipatory breach and moving forward as if the default has occurred, can be problematic if the tenant argues that her statement of intention was not unequivocal and that, therefore, the CRA is actually the breaching party. As such, while the CRA can move forward to prepare for its next actions in anticipation of the tenant abandoning the lease and the property after September, it would be best to not move forward with a declaration of default until October's rent is not paid, another breach occurs or Ms. Benoit unequivocally states that she is terminating the lease. B. Once it has been definitively determined that the lease has been breached, the CRA can declare the lease in default. The non -monetary remedy available to the CRA is the repossession of the leased premises. This remedy releases the tenant from any further obligations under the lease. As for rent and other monies due, once an official default has occurred, the CRA is legally entitled to the rent due for the remainder of the term of the lease less any monies received from the re -letting of the property. Moreover, the CRA has a legal obligation to use its best efforts to re -let the property at the highest rental possible to mitigate the potential damages. Thus, any rental income received from re -letting the property during the remainder of the time that The Little House would have occupied the premises through the end of the lease would be subtracted from any monies due by virtue of the default. C. With respect to the tenant improvements and equipment, etc., generally the law provides that anything that becomes a fixture to the property becomes a part of the property and remains under the ownership of the property owner. There are however notable exceptions for Trade Fixtures, which are often removable from the premises at the end of the lease. In the event of a dispute over fixtures or trade fixtures, Courts will examine all relevant factors such as the annexation to realty, the appropriateness of the use/purpose, and the intent of the parties. Tools, furniture, free-standing appliances, etc., are generally considered personal property and would belong to the tenant, possibly subject to a landlord's lien in the event rents remain unpaid. By statute, a Landlord's lien for rent is available to every person to whom rent may be due. The lien may include all property of the lessee usually kept on the premises and upon all other property of the defendant. 00384352-2 2 It is to be noted, however, that the lease with the CRA is also subject to the CRA's Land Lease Agreement with the City which specifically provides that "no equipment or property shall be subsequently relocated without the CITY approval to which the approvals shall not be unreasonably withheld or delayed." (Section 5a.) The City could very well determine that it would be reasonable to withhold such consent in the context of a breach of the lease. This would be a determination for the City to make. D. With respect to Ms. Benoit's request that the CRA consider the assignment of her lease to Ms. Sisoian, she has the right to make the request; however, the lease cannot be assigned without the express consent of the CRA. E. Section 5 of the lease with Ms. Benoit states that commencing in Year 2 the tenant shall pay the CRA, as additional rent, the property tax and the property insurance premium cost incurred and paid for by the CRA. There are currently outstanding tax liens on the property which appear to be sales and use tax delinquencies, An inquiry should be made into whether the property tax amount was provided to the CRA as additional rent starting on 4/16/2013. However, once in default, Ms. Benoit will still be responsible for the additional rent provisions and property taxes until such time as the property is re -let. In deciding whether to take legal action against the tenant, there are a number of factors to consider, some legal and some practical. First, while a money judgment for breach of the lease could be obtained, it should be remembered that the lease is not with Ms. Benoit as an individual, but with an LLC. If the LLC is a single purpose, single asset LLC (i.e., exists only to own and operate a restaurant), it is highly unlikely that the LLC itself has assets that would make it worthwhile to go through the cost of litigation. At the very least, an investigation into its financial condition would be advisable. In the end, while there is also a provision for obtaining a judgment against an LLC and then "piercing the corporate veil", i.e., reaching beyond the company to the principal to recover, that is a difficult, expensive and rarely successful strategy because it requires a showing that the corporation was formed for an improper purpose. Second, given the fact that the restaurant business is, in and of itself, a risky business (note, for example, the number of restaurants, many of them national chains, which open and close regularly throughout the County including in such well -traveled venues as CityPlace in WPB and along the PGA corridor in PB Gardens), taking such aggressive action against a small restaurateur when things didn't work out could deter others from stepping forward to replace The Little House. Having said that, I believe there are a number of revisions we can make to the lease to put the CRA in a stronger legal position with any future tenants. With respect to finding a new tenant, there are three approaches the Board can take. One would be an assignment of the existing lease, either to Ms. Sisoian or another party. The lease specifically contemplates the CRA's right to so assign, but if this approach is adopted, I would suggest that it be subject to amendments to the existing lease agreement to address some of the issues I have raised above. 00384a52-2 3 A second approach would be to issue a new request for proposal for a new restaurant operator to enter into a new lease with the CRA. This has the advantage of broadly seeing who else is out there who may be interested and what new ideas or approaches might be suggested. The disadvantage of the RFP process is the delay. A third approach would be to utilize the 30 day notice provision found in Section 163.380(3)(a) of the Florida Statutes. I know that you are familiar with this approach which could be called a mini -RFP process in the present circumstances. This would most likely take less time than the RFP process, but might not reach as broad an audience of prospective responders. It is, however, a required part of the process of leasing out property and would need to be adhered to even in the RFP process. believe this addresses the major issues presented by Ms. Benoit's email notification regarding The Little House. If you have any questions, or need any further information, please let me know. 00384352-2 4 Brooks, Vivian From: Chrissy Benoit <benoitchrissy@yahoo.com> Seat: Monday, August 25, 2014 9:16 PM To: Brooks, Vivian; Simon, Michael Subject: The Little House Hello Vivian, received a call tonight from a friend of mine from Lake Worth, Mary Sisoian, whom owns Rudy's in Lake Worth. She encouraged me to reach out to you regarding my intentions with The Little House. She and I have had some great conversations, and 1 found out she was also looking in Boynton to build a business.. This email is to inform you that September 2014, will be my last month operating The Little House, I had planned on emailing you my 30 day notice on the first of the month but after speaking to Mary I thought it would be beneficial for me to tell you now. She has told me she is looking for a place almost like mine but with simpler food, and honestly I think that is a better fit for The Little House. I hope you will consider reassigning my lease to her, she is lovely, has financials and the timing is perfect. It seems it would be a sad situation if The Biergarten and The Little House, close within a month of each other. I'm not sure what the process is, but I am sure giving notice is the first step so you know my intentions. For the record I know you would all prefer something a bit more straight forward with the menu, and I think Mary's ideas are very in line with that. Perhaps this is a blessing in disguise. I want Boynton Beach to thrive, and sometimes it's just not the right fit. This has been a very hard and stressful decision for me to make, I hope we can all respect that everyone involved had the best of intentions. 1 am happy for all the great reviews and the award from Florida Redevelopment Association, I am proud to have been a part of them. I will be out of town and not responding to emails for a few days, but I wanted to communicate before I left with regards to this matter. Thank you, Chrissy Benoit The Little House The Boynton Beach Community Redevelopment Agency (CRA) is seeking proposals and qualifications from experienced and qualified business operators interested in leasing, leasing with an option to purchase or purchasing of an historic property in downtown Boynton Beach. The proposals should be creative, innovative and out -of -the box concepts that will enliven the Ocean Avenue corridor. It is important that any concept include regular nighttime activity. The CRA is encouraging the redevelopment of Ocean Avenue with a strategic course of investment in infrastructure and events. A mixed-use development of 341 apartments and retail and office is approved at the SW corner of Federal Highway and Ocean Avenue. Over 3,000 new residential units have been built within the CRA district over the last ten years bringing in year-round residents. This influx of a younger demographic has led to the success of new businesses within the CRA district such as The Backyard, Sweetwater and Sushi Simon. The building, located at 480 E. Ocean Avenue is a fully renovated 1930's structure that maintains its character and charm but is fully updated to modern code (See Attached Aerial Map). The property was last used as a limited service restaurant. Currently there is not a full-service kitchen; however a small one can be accommodated if desired. There is a grease trap on-site. There are two handicap accessible restrooms, a covered deck for outdoor dining or seating. Sidewalk seating for 72 is permitted by the City. Total on-site available parking is 13 spaces but there is plenty of available public parking adjacent to the site. (See Attached Photos of Interior, Exterior, and Parking Area). The CRA offers Economic Development grants to help offset the cost of installing a hood system and grease trap or other improvements as deemed necessary by the successful Respondent (www.CatchBoynton.com). Any proposal submitted without all required documentation will be rejected and will not be considered a qualified proposal by the CRA. In order for the CRA to consider a proposal the following required information must be received by the CRA no later than WEDNESDAY, JANUARY 7, 2015 Responses must be submitted to the CRA offices located at 710 N. Federal Highway, Boynton Beach, 33435. Proposals submitted via e-mail or fax will be not be accepted. Documentation 1. Business Plan — Must include the following elements: a. Executive Summary b. Company Ownership C. Concept d. Market Analysis e. Marketing and Sales Strategy i. Sales Forecast — Monthly and Yearly f. Management Summary g. Financial Plan i. Start-up Funding ii. Important Assumptions iii. Break-even Analysis iv. Projected Profit and Loss — Monthly, Yearly, Gross Margin Monthly, Gross Margin Yearly V. Projected Cash Flow vi. Projected Balance Sheet vii. Business Ratios Please Submit All of the Documents Below in a Separate Envelope Marked "Financials" 2. Proof of Existence of Start-up/Build-Out Funding— Forms of proof must be in the names of the principals. Acceptable forms of proof include but are not limited to: a. Bank Statements b. Approved Loan or Line of Credit 3. Proof of Available Working Capital for a Minimum of One Year Acceptable forms of proof include but are not limited to: a. Bank Statements b. Approved Loan or Line of Credit 4. Credit Reports for all Principals— can be no older than 6 months. 5. 2011 and 2012 Personal Tax Returns for Principals 6. 2011 and 2012 S -Corp or Corporate Tax Returns (if Applicable) Per Palm Beach County Code Section 2-355 after the deadline to respond to this RFP/RFQ, members of the CRA Board and Staff are prohibited from communicating directly or indirectly with Respondents regarding the substance of the proposal submittals until such time as the CRA Board (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2 -357 - The CRA has engaged the firm of Prakas & Co. to review and rank the qualified proposals based on the following criteria: 1. Completeness of business plan. 2. Business concept and how it will advance the redevelopment of the downtown; i.e.; how is it different from other restaurants in the market area? How will it attract visitors, etc.? 3. Financial strength of proposer based on submitted documentation. 4. Past experience in the management or ownership of the type of business being proposed. The ranking will be presented to the Board and the Board will consider the proposals, at the regularly scheduled meeting on TUESDAY, FEBRUARY 10, 2015. The CRA Board has the right to select one Respondent to negotiate a lease, lease option or purchase agreement or to reject all proposals. To view the property or ask questions regarding this property, please contact Tom Prakas of Prakas & Co. at to ,raliascoymco or (561) 368-0003 who is the acting agent for the CRA. LAt.jG',l SIINC DA�JC��" E, A M AY IV-, ju TR�Z)l Sam BE,18-'.H1 • BOARD MEETING OF:Octo ! !i•' 14 ,2014 ConsentAgenda t �'::Business. Information SUBJECT: Consideration of Issuing a Request for Qualifications and Proposals for CRA Owned Property at 211 E. Ocean Avenue SUMMARY: At the August 7'r CRA Board Budget meeting, the Board approved marketing the CRA owned property located at 211 E. Ocean Avenue to attract a use that will help to activate Ocean Avenue and attract visitors. Pursuant to that policy direction, attached is a Request for Qualifications and Proposals (RFQIRFP). The goal of the RFQIRFP is to attract a use that will be a creative, out-of- the-box concept that will enliven the Ocean Avenue corridor. Any proposal should include nighttime activity. The RFQIRFP will be out for consideration for 90 days to allow potential respondents time to make a full inspection of the property, create preliminary designs and obtain construction estimates. This step is necessary in order to develop a fully formed financial plan as required by the RFQIRFP. The marketing of the property will be handled by Tom Prakas of Prakas & Co. who is the most experienced restaurant broker in South Florida. Mr. Prakas will also review and rank the proposals based on his knowledge of the restaurant business and the area market. The highest ranked proposals will be presented to the CRA Board for consideration at the February 10, 2015 CRA Board meeting. A Cone of Silence shall be in effect for both CRA Board members and CRA staff after the deadline to respond to the RFPIRFQ. During this time, all questions or clarification must be directed to Mr. Prakas. FISCAL IMPACT: The CRA Board approved funding $200,000 for a successful respondent in the 14115 Budget. Additionally the successful respondent may apply for CRA Economic Development grants. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan CMENATINSIPTINS: Approve issuing the attached RFQIRFP. Vivian L. Brookskx Executive Director T;\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\October 2014%over RFP 211.doc UVTMWI t I I 1 ®-he Oscar Magnuson House at 211 East Ocean Avenue is one of the oldest structures in Boynton Beach. The frame vernacular house is relatively well preserved. The vision for the house is that it will serve as a catalyst for retail redevelopment on Ocean Avenue with the right user. However, the conversion from a single-family home to commercial use is very expensive. Therefore, staff recommends setting aside $200,000 to assist with the conversion for the right user. If this portion of the budget is approved, staff recommends a vigorous campaign to attract potential users that have the proper financial backing to get the project done. Q., Page 30 of 82 * 114!11 1 1111 11 !"UFF11,15 The Boynton Beach Community Redevelopment Agency (CRA) is seeking proposals and qualifications from experienced and qualified business operators interested in leasing, leasing with option to purchasing or purchasing of an historic property in downtown Boynton Beach. The proposals should be creative, innovative and out -of -the box concepts that will enliven the Ocean Avenue corridor. It is important that any concept include regular nighttime activity. The CRA is encouraging the redevelopment of Ocean Avenue with a strategic course of investment in infrastructure and events. A mixed-use development of 341 apartments and retail and office is approved at the SW corner of Federal Highway and Ocean Avenue. Over 3,000 new residential units have been built within the CRA over the last ten years bringing in year-round residents. This influx of a younger demographic has led to the success of new businesses within the CRA district such as The Backyard, Sweetwater and Sushi Simon. The building is located at 211 E. Ocean Avenue (See Attached Aerial Map). The Property was last used as a single-family residence. The structure is a two story 1,734 sq. ft. frame vernacular built in 1919. It is located on approximately .25 of an acre (See Attached Photos). The City allows reduced parking ratios within the CRA area. However, the CRA has just completed a 58 space public parking lot with a walkway connecter adjacent to the property providing the public direct access to E. Ocean Avenue. (See Attached Site Map). Additionally, there is another public parking lot just to the west of the site next to the City's Amphitheatre. The CRA is offering $200,000 towards the renovation of the property. Additionally, the successful Respondent may apply for the CRA's Economic Development Grants which may total up to $110,000 in funding. Any proposal submitted without all required documentation will be rejected and will not be considered a qualified proposal by the CRA. In order for the CRA to consider a proposal the following required information must be received by the CRA no later than WEDNESDAY, JANUARY 7, 2015 Proposals must be submitted to the CRA offices located at 710 N. Federal Highway, Boynton Beach, 33435. Proposals submitted via e-mail or fax will not be accepted. Documentation 1. Business Plan — Must include the following elements: a. Executive Summary b. Company Ownership C. Concept d. Market Analysis e. Marketing and Sales Strategy i. Sales Forecast — Monthly and Yearly f. Management Summary g. Financial Plan i. Start-up Funding ii. Important Assumptions iii. Break-even Analysis iv. Projected Profit and Loss — Monthly, Monthly, Gross Margin Yearly V. Projected Cash Flow vi. Projected Balance Sheet vii. Business Ratios Yearly, Gross Margin 2. Proof of Existence of Start-up/Build-Out Funding (Include in Separate Envelope Marked Financials) — Forms of proof must be in the names of the principals. Acceptable forms of proof include but are not limited to: a. Bank Statements b. Approved Loan or Line of Credit 3. Proof of Available Working Capital for a Minimum of One Year (Include in Separate Envelope Marked "Financials") — Acceptable forms of proof include but are not limited to: a. Bank Statements b. Approved Loan or Line of Credit 4. Credit Reports for all Principals (Include in Separate Envelope Marked Financials) — can be no older than 6 months. 5. 2011 and 2012 Personal Tax Returns for Principals -(Include in Separate Envelope Marked Financials) 6. 2011 and 2012 S -Corp or Corporate Tax Returns if Applicable (Include in Separate Envelope Marked Financials) Per Palm Beach County Code Section 2-355 after the deadline to respond to this RFP/RFQ, members of the CRA Board and Staff are prohibited from communicating directly or indirectly with Respondents regarding the substance of the proposal submittals until such time as the CRA Board (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. The CRA has engaged the firm of Prakas & Co. to review and rank the qualified proposals based on the following criteria: 1. Long term viability of the proposed concept for the area market. 2. The ability of the proposed concept to attract visitors to the downtown during day and evening hours. 3. Respondents past experience in the management or ownership of the type of business being proposed. 4. Respondents financial ability to immediately begin to execute the proposed concept. The ranking will be presented to the Board and the Board will consider the proposals, at the regularly scheduled meeting on TUESDAY, FEBRUARY 10, 2015. The CRA Board has the right to select one proposer to negotiate a lease, lease option or purchase agreement or to reject all proposals. To view the property or ask questions regarding this property, please contact Tom Prakas of Prakas & Co. at o rakasco an .co or (561) 368-0003 who is the acting agent for the CRA.