Agenda 11-12-14}
NTO N{
",CRA
CRA Board Meeting
Wednesday, November 12, 2014 @ 6:30 pm
City Commission Chambers
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
I. Call to Order
. Invocation and Pledge to the Flag
III. Roll Call
IV. Legal:
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. Recap of 3rd Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash
B. Movies in the Park
C. Happy Hour Thursday — Music on the Rocks
D. Holiday Tree Lighting and Concert
VIII. Consent Agenda:
A. Approval of Minutes — CRA Board Meeting, October 14, 2014
B. Approval of Period Ended October 31, 2014 Financial Report
C. Monthly Purchase Orders
D. Approval of Commercial Fagade Grant to JSG 2403, LLC (Sunoco Station Golf &
Federal Hwy.)
IX. Pulled Consent Agenda Items:
X. Information Only:
A. Public Comment Log - None
B. CRA Development Project Update: Boynton Harbor Marina Harbor Master Building
Project
C. CRA Development Project Update: Parking Lot Project on NE 1 st Ave. & NE 1 st
Street and & Sidewalk Connector located at 208 NE I st Avenue
D. Business Development Advertising Campaign
XI. Public Comments: (Note: comments are limited to 3 minutes in duration)
XII. Public Hearing:
XIII. Old Business: None
XIV. New Business:
A. Consideration of Entering into an Exclusive Listing Agreement with the Firm of
Prakas & Co. for the CRA Owned Property at 480 E. Ocean Avenue — Deferred
10/14/14
B. Consideration of Entering into an Exclusive Listing Agreement with the Firm of
Prakas & Co. for the CRA Owned Property at 211 E. Ocean Avenue — Deferred
10/14/14
C. Consideration of Issuing a Request for Proposals for CRA Owned Property at 480 E.
Ocean Avenue — Deferred 10/14/14
D. Consideration of Issuing a Request for Proposals for CRA Owned Property at 211 E.
Ocean Avenue — Deferred 10/14/14
E. Consideration of Changing the Date for the Holiday Boat Parade for 2014
F. Phase I Ocean Ave. District Banner Project & Phase II Marina District Banner Project
G. Consideration of Resolution No. 14-07 Supporting the County's Continued
Membership in Treasure Coast Regional Planning Council
XV. Executive Director's Report: None
XVI. Future Agenda Items: None
XVII. Adjournment
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F.S. 286.0105)
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED
BY THE CITY. PLEASE CONTACT THE CRA AT (561 ) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR
ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST.
5r
BOYNTON''
� . . s�
i�
CRA BOARD MEETING OF: November 12, 2014
I Consent agenda I I Old Business I I New Business I I Legal I X I Other
SUBJECT: P Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash
SUMMARY 1 RECAP:
• On Saturday, October 25th and Sunday, October 26h, The CRA and the City of Boynton Beach hosted the 3rd Annual
Pirate Fest along E. Ocean Avenue
• Saturday's hours were I I am — 9pm and the festivities stretched from Seacrest Blvd. to Federal Hwy.
• Sunday's hours were 11 am — 7pm and will ran from Seacrest Blvd. to P. Street
• Activities and entertainment included:
o Pirate Re-enactments
o
Children's Shows and Treasure Hunt
o Acrobats
o
Interactive Pirate Ship
o Capt. Jack
o
Comedy Shows
o Live Mermaids
o
Jugglers
o Magic Shows
o
Live Music
o Rock Climbing
o
Fairies
o The Wheel Walker
o
Gypsies & Belly Dancers
o Street Performers
o
Stilt Walkers
o Children's Bounce Hou
o
Tarot Card & Palm Readers
Ship
o
A Spooktacular Haunted House was presented by
o Sword Fights
the Schoolhouse Children's Museum
• Last year's event drew approximately 8,000 guests — this year's attendance was estimated at 15k guests
• Creative marketing plan and social media postings were successful in reaching a very large demographic
• Ample free parking was available surrounding the event area
• Local businesses were invited to participate with a tent, table, chairs and banner provided by the CRA
• Great positive feedback from guests, vendors, businesses and entertainment
• Results from the on-site survey determined that 73% of the attendees planned to visit local businesses (restaurant/bar,
retail, etc.) before or after the event and 36% planned to spend between $31 and $50 at those businesses — estimated
economic impact $167,400 - $270,000
• Over $4,000 in beer sale profits were donated to the designated non-profit, Schoolhouse Children's Museum
• Steve Skaggs of Two Georges reported they were up in from the same day last year and about 25% at the booth from
last year. He was very appreciative of how well the event was run and for the vast amount of people who attended.
FISCAL IMPACT: Budgeted in line item 02-58500-480
CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN
RECOMMENDATIONS/OPTIONS :
Amy Zirnmenna4.�
Special Events
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For more information on this event visit
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Acrobats
Juggler
aptaki~ Jack
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Fairies \
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Magic Show
Gypsies & Belky Dancers
Rock CUrnbingStilt
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Pirate Ship
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Survey conducted by:
Lanie Shapiro
TouchPoll South Florida
On Site Surveys, Fee � T
Economk Impact Studies
To oil
954-675-0181
www.touchpollsofla.com
lanie@touchpollsofla.com
Introduction
TouchPoll South Florida surveyed attendees at the 2014 Haunted Pirate Fest and Mermaid Splash
on Sunday, October 26, 2014. This report summarizes the gross results of 263 respondents (ages
18+) who completed the survey. Only surveys which were fully completed are included in these
results.
MethodolgU
A survey tent consisting of touch screen survey tablets and signage was set up in a high -traffic
area. Visitors to the event were randomly invited to participate in the touch screen survey. A
party beads and drink cousies were offered as an incentive, as well as the opportunity to enter -to -
win a $100 Target gift card. These incentives created interest and participation.
Respondents were taken
through a series of a
maximum of 25 questions.
Questions included single and
multiple- response
demographic and preference
questions; as well as an open-
ended feedback question.
Each survey took an average of
four (4) minutes to complete.
The image to the right was
used on the start screen of the
survey.
To begin, please touch "START A.... & ►, pease
OEM
Statistics
Based on an estimated attendance of 15,000, this sample size represents a margin of error
of +/-5% and a 90% level of confidence.
Data Tabulation
Data was tabulated with the TouchPoll survey software. Multiple response questions allowed
respondents to choose more than one answer. Responses to open ended and numeric questions
are listed in the report. Email addresses are reported under separate cover in Excel documents
for your convenience of entering them into your data base.
Miscellaneous
All information is said to be "from those polled', and represents only the above-described
sample. Touch Poll South Florida is not responsible for damages or liability as a direct or indirect
result of misinterpretation of data by the client or third party. The intention of this report does
not represent a full economic impact study.
Cross -Tabulations
Unlimited cross -tabulations for any two closed—ended questions are available upon request.
Because of the number of possible combinations, cross -tabulations are provided on a per -
request basis at no additional charge.
Of those surveyed:
050% were ages 35 — 54
■74% were "first timers"
■Almost 18% attended both days
■55% came with children under 18 years of age
080% were full time Palm Beach County Residents
■37% from Boynton Beach
■22% cited "Banners/Poster/Billboards" on how they heard about the event
(many mentioned "inside the water bill" — not an offered response choice and
included in "other."
■73% planned to visit local businesses (restaurant/bar, retail, etc.) before or after
the event and 36% planned to spend between $31 and $50 at those businesses
■76% rated parking as either "Good" or "Excellent"
■92% rated the entertainment as either "Good" or "Excellent" (3% "Too Early to
Tell")
■92% rated their experience either "Good" or "Excellent" (3% "Too Early to Tell")
Gross Results Report
Boynton Beach Haunted Pirate Fest and Mermaid Splash, 2014
Answers
Responses
Selection Percentage
18-24
23
8.751
25-34
66
25.101
35-54
132
50-19%
55-64
29
11.031
65+
13
4.94%
Valid Respondents: 263.0
Total Responses: 263
100.00%1
5% 9%
n18-24
25% in 25 - 34
11! 35 - 54
w55-64
m 65+
Ol% TITUIIIIIIIIIIIIIIIII riesponses - *A I
IS
0 of Responses: 263
69
1%
0 Male
im, Female
mmml!M-
Answers
Responses
Selection Percents
Under $25,000
29
11.03%
$25,000 - $49,999
75,
28.52%
$50,000 - $74,999
61
23.19%
$75,000 - $99,999
36
13-69%
$100,000 and above
27
10.27
],prefer not to answer
35
13.31%
Valid Respondents: 263.0
Total Responses: 263
100.0011/-
16%
12% 12%
iResponses
Valid Respondents: 263.0
N Under $25,000
0 $25,000 - $49,999
$50,000 - $74,999
33% 9 $75,000 - $99,999
m $100,000 and above
Chart does not include "I prefer not to answer."
0 Yes
MNo
Q5: How many days did you attend the Pirate Fest/Mermaid Splash?
Answers Responses Selection Percentage
Just today 216 82.13%
Both days 47 17.87%,
VaHd_ Respondents: 263.0 notal Responses- 263 100,00,
m Just today
m Both days
Q'D: Are you attending the festival with kids 17 and under?
Answers Responses Selection Percentage
Yes 145 55.13%
,No 118 44.87%
Lvalid Respondents: 263.0 Total Responses: 263 100.005110
45%
55%
M Yes
MUM
Q7: What are the AGES of the kids that are WITH YOU TODAY? (Please select all the ages that apply and touch
"continue")
Answers Responses — Respondent Percenj2Bt__
Newborn - 2 years old 41 28.28%
3 - 5 years old 62 42.76%
6 - 9 years old 56 38-62%
10 - 14 years old 27 18-62%
15 - 17 years old 14 9.66%
Valid Respondents: 145.0 Total Responses: 200 _(Njay add up to more than 100%)
15 -17 years old
10 - 14 years old
6 - 9 years old
3 - 5 years old
Newborn - 2 years old
0% 5% 10% 15% 20% 25% 30% 35% 40%
45%
Palm Beach County full time resident
'Palm Beach County part time resident
Outside of Palm Beach County resident
[Valid Respondents: 263.0 !!1
5�
14%
0 Palm Beach County full time resident
!I Palm Beach County part time resident
I Outside of Palm Beach County resident
14%
86%
Outside PB County Visitors:
IS Yes
In No
Answers Responses Selection Percentage
Yes 3 8.11%
No 34 91-89%
Valid Respondents: 37,0 lTotal Responses: 37 100.00%1
8%
92%
E Yes
is, N o
Outside PB County Visitors who stayed ►n a PBC Hotek
Q11: How MANY NIGHTS are you staying in a Palm each County hotel?
Answers Responses Selection Percentage
I night 0 0,00%
2 nights 2 66-67%
3 nights 1 33.33%
4 nights 0 0.00%
5 or more nights 0 0.00%
Valid Respondents, 3.0 Total Responses: 3 100.00%
112: How man,
HOTEL ROOMS is Mour vartM occulae:
Answers Responses Selection Percentage
I room 3 100.00%
2 rooms 0 0.00%
3 rooms 0 0.00%
4 rooms 0 0.00%
5 or more rooms 0 0.00%
Valid_ Respondents: 3.0 Total Responses: 3 100.00%
Q13: What is your residential ZIP CODE?
CountyName
Ile
!. �
�.� +•!
��§POMPANO
BEACH
��§POMPANO
BEACH
KPOMPANOBEACH
+
+ !+!
+IAM
I!+!
��§FORT
LAUDERDALE
# �,EFORT+
! '!+
!•� +•!
+EFORT
LAUDERDALE
!•� 1•!
�,EFORT
LAUDERDALE
'EFORT
LAUDERDALE
i'0
ALE
0
INIFIM,MFORT
LAUDERDALE
FORTLAUD
�INWEST
PALM BEACH
IIIIIIIIIIIIIIIIIIIIIIET3161,MWEST
PALM BEACH J,PALM
BEACH
1
PALM BEACH
■
��KWEST
PALM BEACH
�PALM BEACH
���-WEST
PALM BEACH
]
PALM +
• 1 l
i BEACH
PALM
+
! � II a +
• i � +
33434 —BOCA
RATON
PALM BEACH
33435
;BOYNTON BEACH
■ i i i
■
I
.- I F i
PA ; i
3%
Outside L
2%
Other FL
%
Miami -Dade
1%
Palm each
Total
R
U i WORTH
IIPALM BEACH
�%f_I�llllllllllllllllllll[BOYNTON
BEACH
PALM BEACH
I
R BEACH
! y
R i
! f , i
• iBEACH
+•
. j ! i ,O.
R y R y
IPALM BEACH
ALM BEACH
Rid
CAPECORAL
County
%
ro and
3%
Outside L
2%
Other FL
%
Miami -Dade
1%
Palm each
Total
13%
1% mBroward
In Outside FL
t Other FL
Miami -Dade
in Palm Beach
Palm Beach County Breakout
%
Boca Raton
11%
Boynton each
47%
Delray Beach
3%
�Iupiter
0%
Lake Worth
17%
LTaxa hatchee
8%
Palm each
2%
Palm each Gardens
0%
vvellin n
%
West Palm each
9%
Total
100
West Palm Beach
Wellington
Palm Beach Gardens
Palm Beach
Loxahatchee
Lake Worth
Jupiter
Delray Beach
Boynton Beach
Boca Raton
0% 5% 10% 15% 20%
25% 30% 35% 40% 45% 50%
M
Mra I
• "continue")
Answers
Responses Respondent Percentage
Radio
23
8.75%
TV
17
6.461
Newspaper
32
12.17%
Through a local business
10
3.80%
Word -of -Mouth
64
24.33%
Banner/Poster/ Billboard
57
21.67%
Returning Visitor
27
10.27%
Face book/Twitter (social media)
23
8.75%
Other website or online source
20
7.60%
Brochure/ Magazine/ Flyer
33
12.55%
Email blast
8
3.04%
Other
261
9.89%
Valid Respondents: 263.0
Total Responses lay add up to more than 100%)
Other
Email blast
Brochure/ Magazine/ Flyer
Other website or online source
Facebook/ Twitter (social media)
Returning Visitor
Banner/Poster/ Billboard
Word -of -Mouth
Through a local business
0% 5% 10% 15% 20%
25%
30%
"Other" included "notice inside of water bill!'
M
Q15: Which of the following activities are MOST LIKELY ATTRACT you to visit Downtown Boynton Beach? (Please
select all that apply and touch "continue")
ponses
Responclent Percentage
---,Re
::Restaurants/ Bars
:Parks/ Recreation
'Shop pi ng/Retail
!Business/ Employment
VaW _�on�dents: 263.0 Total Responses: 531
i(May add up to more than 100%)
None
Other
Business/ Employment
Shopping/Retail
Parks/ Recreation
Restaurants/ Bars
The Marina/ Boating/ Water Activities
CnmnmnwnityEvents/Festiwa|s
Q16: Did you visit (or plan to visit) any local Boynton Beach businesses (bars, restaurants, shops, etc.) either
BEFORE, DURING -or AFTER the Pirate Fest/Mermaid Splash?
Selection Percentage
�Valid Respondents: 263.0
:Total Responses: 263
1
A
z NO
Q17: Approximately, how much did you (or do you) plan on SPENDING in the local area (Boynton Beach) before,
during or after this EVENT?
Answers Responses Selection Percentage
Nothing $0 11 5.79%
Up to $30 58 30-53%
$31-$50 69 36.32%
$51-$100 37 19.47%
Over $100 15 7891
,Valid Respondents., 190.0 Total Respons s:190 100.00%
Over $100
$51-$100
$31-$50
Up to $30
Nothing $0
0% 5% 10% 15% 20% 25% 30% 35%
40%
Answers
Responses Selection Percentage
Excellent
102
38.78%
Good
98
37161
Neutral
48i
18.251
Somewhat Disappointing
12
4.561
Extremely Disappointing
3
1.14%
Valid Respondents: 263.0
Total Responses: 263
100.00%
if
5% 1%
i/%
39% M Excellent
In Good
Neutral
n Somewhat Disappointing
a Extremely Disappointing
How do you rate the entertainment at the Festival';
Answers Responses Selection Percentage
Excellent 153 58.17%
Good 89 33.84%
Neutral 10 3.80%
Somewhat Disappointing 3 1.14%
Extremely Disappointing 0 0.00%
LValid Respondents: 263.0 iTotal Responses: 263 1 - -10 C). 0 AO.
wExcellent
0Good
Neutral
0 Somewhat Disappointing
SD%
m Extremely Disappointing
I�Tooear|ytote||
iQ20: How do you rate your overall experience at the Festival?
Answers Responses
Selection Percentage
Excellent
152
57.79%
Good
90
34.22%
Neutral
7
2.66%
Somewhat Disappointing
3
L14%
Too early to te I 1
11
.Valiud Respondents: 263.0 -Total Responses: 263
11
4.18%
100.00%
U%
4%
����
MExceUent
0Good
v��Neutral
F.Somewhat Disappointing
0Extremely Disappointing
�� Tooeer|ytoteU
,
s,
f
BoYNTO N''
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CRA BOARD MEETING OF: November 12, 2014
SUBJECT: Movies in the Park
• On Friday, November 7, 2014, the Boynton Beach CRA presented the Movies in the Park
• Featured movie — Maleficent (PG 13)
• 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 Oldc 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 12, 2014 at 7pm Featured movie will be a
Holiday theme
• Additional Movie in the Park dates:
o January 2°d
o February 6fl'
o March 6t'
o April 3rd
o May 1St
o June 5th
FISCAL ACT: Budgeted in line item 02-58500-480
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CRA BOARD MEETING OF: November 12, 2014
I � Consent Agenda I � Old Business � I New Business I I Legal I X I Other
SUBJECT: Happy Hour Thursday — Music on the Rocks
• On Thursday, October 16, 2014, the Boynton Beach CRA presented 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 took place at the Ocean Avenue Amphitheatre from 6 to 9 pm.
• Approximately 120 guests attended
• Food and drink was available for purchase
• The CRA supplied illuminated high top tables with cloths and added illuminated floral centerpieces to
create a Happy Hour environment
• Next Happy Hour Thursday concert scheduled for November 20th, featuring the band Quarterlife
(Rock/Pop/Soul/Acoustic)
• Additional Happy Hour Thursday concert dates:
o December 18th
o January 15th
o February 19"'
o March 19th
o April 16th
o May 21"
o June 1811,
Ample FREE parking onsite
No pets please
FISCAL IMPACT: Budgeted in line item 02-58500-480
CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN
yirn ier a 1
Special Events
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CRA BOARD MEETING November 12, 2014
Consent n, a,
• On Friday, December 5, 2014, the Boynton Beach CRA will be presenting the annual Boynton Beach
Holiday Tree Lighting and Concert
• The Holiday Tree has a new more prominent location in front of the Schoolhouse Children's Museum at
129 East Ocean Avenue (just east of Seacrest)
• Festivities begin at 6 pm
• Tree lighting will take place at 6:30 pm
• There will be a FREE Concert featuring WONDERAMA — a Florida based pop/rock/R&B band
• The concert starts at 7 pm on the Ocean Avenue Amphitheatre and ends at 10 pm
• Food and beverages will be available for purchase courtesy of local vendors
• Retail vendors and children activities will be available in the parking lot on the east side of the
Amphitheatre
• Santa and his elves will invite guests to the Gumdrop Garden (Ocean Avenue stage in front of the Civic
Center) for a photo op with Santa and to get a candy cane
IMPACT:FISCAL Budgeted in line item 02-58500-480
CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN
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Special Events
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MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA ON OCTOBER 14,2014, AT 6:30 P.M.
Jerry Taylor, Chair
Joe Casello, Vice Chair
Buck Buchanan
Michael Fitzpatrick
Woodrow Hay
Mack McCray
David Merker
wim"ammum Pr7m
Ken Spillias, Board Counsel
Mr. Hay gave the invocation followed by the members reciting the Pledge of AllegiancQ
to the Flag.
IV. Legal;
None
V. Agenda Approval:
91�- =i �=
ff-Ir. jTIcCray moved to approve. Mr. illerker seconded the motion that unanimously
R-ssed,
�ilill�ill'i�I'lli'lillillilil'iliF, !!'"111 K,
A. Disclosure of Conflicts, Contacts and Relationships for Items Presented tt
the CRA Board on Agenda Items
Meeting Minutes
Community Redevelopment Agency Board
Boynton each, Florida October 14, 2014
JIM
T
MMEEN=1
Irl 1�1�ill•i 1111 l�# -il
Vice Chair Casello attended a Farm Share food giveaway last Saturday with
Representative Lori Berman. He thanked the City of Boynton Beach Utilities
Department and Public Works Director Jeff Livergood for their assistance getting the
food pallets off the truck. The event had a slow start, but was packed by the end of the
day. He noted Mr. Hay had attended and it was great to participate. .
Mr. Hay advised he attended the 2014 Annual Florida Redevelopment Association
(FRA) Conference in Miami. He was impressed with accelerating urban investments,
and he noted Riviera Beach has a City Ambassador program, which helped clean up
the City and keep it safe. This program empowers citizens to take pride in their
community. He suggested Boynton Beach may want to consider the program. He also
noted several City staff members attended the Conference. He encouraged other
departments to attend future conferences.
IT'Ir.—Aay explained next Thursday, a candidate forum will be held at Boynton Beac
High School at 4:30 p.m. Candidate discussions will take place about 5 p.m. and at
p.m. the Dimensional Harmony Choir will perform. The Choir is trying to raise funds i
go to Carnegie Hall. He requested all support the event. He commented th
Gubernatori-...D-rte
l Debae will be on Wednesday, but the High School Principal advised th
candidates may stop by the High School on Thursday to see the Choir.
Vivian Brooks, Executive Director, also attended the Florida Council of Public an
Private Partnerships Conference with the Finance Director and City Manager. The
had a booth displaying the roll out of the Town Square Center plan and developers an
financiers were particularly attentive to it.
Chair Taylor announced he attended the Florida Council of Public and Privat
Partnerships and pointed out, in addition to the Finance Director and City Manage
Ms, Brooks, her staff, the Planning Director, Vice Chair Casello and Mr.. MerkE
attended, They made contacts with many developers and their representatives fror
across the country who were very interested in the Town Square and all of th
Downtown. The CRA had the best booth at the event and most attendees wer
unaware Boynton Beach has a great deal to offer. He looked forward to somethin
occurring as a result.
Mr. Merker thanked the citizenry for their input regarding the plan the TRCPC PL
forward,
K
Meeting Minutes
Community Redevelopment Agency Board
Boynton each, Florida October 14, 2014
1 -110 =11
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X1. Public Comments: (Note: comments are limited to 3 minutes in duration)
i
WITI-MEVINIZOTor- =A- am 0 - * 0
Victor Norfus, 2611 Palm Drive, on behalf of the Heart of Boynton Neighborhood
Association, announced a fundraiser and remembrance service in honor of past
president Gertrude Sullivan. Since her passing, the neighborhood sought ways to honor
her and improve the community. This was their first event. Mr. Norfus explained Ms.
Sullivan was known as the "Cake Lady" and he reviewed her accomplishments and
community contributions. Ms. Sullivan wanted, and advocated for, positive changes in
the City and the Heart of Boynton. She had lived in the Heart of Boynton for decades.
She fought for businesses in the community and would be remembered as a Christian
woman, a loving mother and a community leader. He invited all to the celebration of her
life on Saturday, October 25th from 11 a.m. to 5 p.m. at the corner of MLK and Seacrest
Boulevards. Food and beverages would be available.
Mr. Norfus acknowledged other community activists who had passed such as Lena
'-%Iahming-Williams and Reverend Lance Chaney. The event was to continue their
.egacy.
Victoria Castello, 406 S. Seacrest Boulevard, agreed with Mr. Norfus and quoted
Harry Gerber. She supported the activity.
X111. Old Business,
0
Meeting Minutes
Community Redevelopment Agency Board
Boynton each, Florida October 14, 2014
. . ... . ......... ........ ........
The invitation for the Commercial Brokers event held last year was viewed, as was the
follow-up postcards that highlight grants and what the CRA had to offer. Images of
additional posters, postcards, email blasts and digital displays on 1-95 for CRA events
were viewed.
41
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14,2014
The overall marketing campaign was to create a positive image and build an experience
with the events. The CRA wants businesses to locate to the CRA District and have a
good atmosphere for existing businesses. Ms. Smith -Coffey explained staff has great
ideas for next year.
Chair Taylor praised the marketing strategies used. He inquired if the printed materials
and flyers or notices were printed in Spanish or Creole and learned they were not. H. -
noted there was a diverse population in Boynton Beach and the Haitian community
expressed to him they were unaware of what was occurring in the City. Mr. McCray
thanked Ms. Smith -Coffey for a job well done and liked using the billboard. He
suggested using it for the Holiday Parade.
Mr. Hay commented the CRA missed the deadlines for FRA awards. Ms. Brooka
explained the projects would be forwarded for consideration at next year's awards, H,�
pointed out that last year, the Little House won an award.
Vice Chair Casello inquired when marketing with the Business Development Board, if
the businesses stay within the confines of the CRA District. Ms. Smith -Coffey explained
the "Opert for Business" section of the web page contained information on land and
office locations suitable for businesses. She and Ms. Brooks had also discussed
mailing postcards to commercial brokers. Vice Chair Casello inquired if there were any
new businesses that resulted from the commercial brokers reception. Ms. Brooks
explained the information on available property and the City's processes and turn-
around time was helpful. The idea of the reception is to gain exposure. Marketing is a
continuous process. It is necessary to attract individuals to the area for brokers to call.
A. Consideration of Approval of Executive Director's Employment Agreement
for Fiscal Year 14/15
Chair Taylor announced a three percent increase was approved at the last meeting. This
document of initiate that payment.
Motion
Mr. Hay moved to approve. Mr. McCray seconded the motion that unanimously passed.
XIV. New Business:
A. Consideration of TIF Agreement between Morgan Boynton Beach, LLC. and thz.
Boynton Beach CRA for the 500 Ocean Project
Ms. Brooks explained staff worked diligently with LeCesse, the developer, who is
leveloping the project under the name Morgan Boynton Beach, LLC for 500 Ocean
0
Meeting Minutes
Community Redevelopment Agency Board
Boynton'B each, Florida October 14, 2014
................
Avenue. The project was heard earlier in the year under a discussion of gap financing,
Negotiations ensued and an agreement was received.
The project was good for the downtown and encompassed 347 residential units that will
contribute to the local economy since residents will not be snowbirds and the project will
activate Ocean Avenue, LeCesse, at the request of the CRA, added 6,600 square feet
of office space on the second floor. Staff also requested they construct a green
building. Ms. Brook's noted the CRA would like the downtown to be known as a green
downtown.
Mr. McCray inquired about the definition of O&M under the National Green Building
Standards. Mr. Buchanan asked about the roof insulation which may be icynene, but it
most likely will be a rigid back R21 insulation. There would be also be insulation on the
CME block walls. This would reduce heat gain and loss.
H
Meeting Minutes
Community Redevelopment Agency Board
Boynton. Beach, Florida October 14, 2014
- . ................................ . ....
Rw
VP
"I
Institute. It is similar to LEED, is very rigorous and requires each unit be individually
verified. Had the project been LEED scored, Mr, Zerkelback explained it would be at
the Silver level, if not better.
John Flynn, LGCosse Development, 650 S. Northlake Boulevard, Altamonte
Springs, discussed economics and markets. An additional slide presentation
discussed rents and demographics in Boynton Beach compared to Boca and Delray
Beach. This was part of the reason why LeCesse wanted to work with the CRA and
request the Tax Increment Financing (TIF). He noted there was a rental gap between
Boynton Beach and Delray and Boca Raton,
Mr, Merker queried Mr. Flynn whether the construction was required by law or was it
their initiative to add the additional features and learned green building enhances
marketing. When residents understand they save 18% on their electric and water bills,
it enhances the product over the long-term. Ms. Brooks had indicated how important it
was that Boynton Beach take the lead on a green project. Everything that was done
was above what was required by Code.
Vice Chair Casello noted the building was originally perceived as a standard
construction and not a green building. While it was not green in the strictest sense,
elements of the building were energy efficient. Vice Chair Casello commended Mr.
Hayden on the building.
Mr. Buchanan asked if the colors on the artists renderings were an accurate
representation of the colors, and learned the developer worked with Ms. Brooks on the
palate. Messrs. McCray and Hay asked about the third party verification, Mr.
7erkelback explained the company they use has verified over 500K square feet of green
building in Florida. They worked with them on other projects in the past in Miami and
Kendall, which he reviewed.
Victoria Castello, 306 S. Seacrest Boulevard, explained the Promenade and Las
Ventanas were not pedestrian friendly. Delray Beach had similar buildings, but
pedestrians were able to walk around inside. She hoped this would be addressed.
Chair Taylor commented that issue would be reviewed at the time of site plan review.
N.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
............................... . . . . . . ............................. . ...............
vertical construction and learned the developers planned to construct the project in the
spring.
Vice Chair Casello inquired if the CRA approved the project, if Mr. Hayden would
guarantee he would remain with the project until it was finished. His concern was the
project would be packaged and flipped to another developer. Mr. Hayden explained
they are in the business of developing communities. He planned to remain with the
project until completion.
RWiV
Ms. Brook's explained there was no agreement on the agenda. The item was
agendaed for direction to move forward, She suggested the CRA require Morgan
Boynton Beach, LLC to stay in the same ownership until a Certificate of Occupancy is
issued, It could be a condition of approval for the TIF funds. If they broke ground in the
spring, completion would be approximately 18 months later. Mr. Hayden suggested the
agreement be signed when the construction loan was signed, since the timing of the
transaction would give assurances they would stay until the end.
NET
Motion
Mr. Hay so moved, Mr. McCr seconded the motion.
Mr. Fitzpatrick commented CRA staff sent a list of required documents to the developer
and understood most of the requested documents were not received. He read the list
and asked why. It was learned the operating and development proformas were
received. They were working towards a construction loan commitment letter. Ms.
Brooks explained the CRA would not enter into an agreement until the loan closed.
Proof of equity letter, which was the amount the partners were funding was not
received. Mr, Hayden explained that type of information is not generally disclosed, but
they would disclose it before closing.
Ms. Brooks explained if Morgan Boynton Beach LLC did not get the construction loan
they would not get the TIF. The partners had the real estate contract and would produce
it to Ms. Brooks. The market study was also emailed to Ms. Brooks.
Mr. Fitzpatrick commented he was new on the Board and some business owners
thought approaching the CRA was a way to get extra funding. He commented he did
not see any hard evidence the developer needed TIF funding. Chair Taylor, however,
9
Meeting Minutes
Community Redevelopment Agency Board
Boynton
each, Florida October 14, 2014
--------- - - - I --------------- __
pointed out TIF funding was used with Seaborne Cove and Casa Costa and a chart was
included with the meeting materials showing why they needed gap funding.
Vice Chair Casello inquired if Ms. Brooks was comfortable with the motion and taking
the next step and learned she was.
Mr. Buchanan if the Direct Incentive Financing Agreement being executed
simultaneously with the close of the construction loan, if the recommendations
regarding the LLC not changing ownership until the project received a Certificate of
Occupancy, and that no major modifications to the project be made prior to CRA
approval was in the motion. Ms. Brooks explained those were her recommendations,
but they were not in the motion.
Motion
Mr. Buchanan moved to make a substitute motion that also included his last two points.
Attorney'Spillias explained except for the questions Mr. Fitzpatrick raised, and if those
were elements they wanted to see before executing the document, they should be
included.
Mr. Fitzpatrick reiterated Ms. Brooks had to wait for documents, and receiving those
documents should be included in the motion. Chair Taylor understood the documents
would be provided. Mr, Fitzpatrick emphasized the next developer should understand
the documents have to be provided, He also inquired if TIF funding would be reduced if
the millage was reduced, and learned it would.
Ms. Brooks explained when the process started, it was assumed the TIF agreement
would be entered into earlIn this instance, the bank indicated the development team
was bankable and the project was marketable. At the request of the GRA, the
developer had provided items they did not want to provide initially for the benefit of the
public. One of the items was office space, which likely would not be occupied
immediately. They had not considered incorporating green elements, but did because
CRA staff requested they do so, The project was basically a public-private partnership.
The way to guarantee the GRA would not be stranded was to not sign any documents
until Morgan Boynton Beach LLC executed theirs.
Vice Chair Casello inquired if a motion was needed to include the three items in the TIF
Agreement. Ms. Brooks explained staff would bring the Agreement to the Board in the
future.
log"
Wo
Meeting Minutes
Community Redevelopment Agency Board
Boynton each, Florida October 14, 2014
the demand for contractors. The funding was stacked $75K for the first four years an, -i
then it decreased as reflected in the meeting materials.
ME
BConsideration of Entering into an Exclusive Listing Agreement with the
Firm of Prakas & Co. for the CRA Owned Property at 480 E. Ocean
Avenue
Ms. Brooks explained this unique, CRA -owned property is a historic property that is not
on a major thoroughfare, There is a grease trap inside the building, but no hood. Staff
had issued two RFPs and only received two responses each time. She did not think
two responses were representative of the broader range and type of business that could
be located there. Putting a sign on the property would not accomplish anything and
having ads in different publications was not reaching the core group needed. Mr.
Prakas has done a lot of work in Palm Beach County and Delray Beach with restaurants
and bars. He purchased a liquor license on South Federal Highway which enabled the
strip club to be removed from the City. The CRA has worked with Mr. Prakas in the past
and was confident he could find tenants for both properties.
The listings would be for 90 days, concurrent with the RFPs. The properties were key
properties and Ms. Brooks noted there was not a lot of retail space on Ocean Avenue.
Therefore, it was important to have the right concept and operators. Using a
professional in this instance was worth the money as restaurants were not something
staff was familiar with.
As to the fee, there is a flat fee of $1 OK If there is no concept that is financially viable,
nR payment would be made. Chair Taylor expressed concern if Mr. Prakas brings in
someone and the CRA does not like the concept. Ms. Brooks responded a list of items
ihat would not be acceptable should be included in the listing agreement.
Mike Simon, Assistant Director, explained it is within an owner's right to determine a
realtor is not entitled to any compensation or commission if the owner does not agree
with a prospective tenant or sign a document. A fee is not generated by bringing
someone to the table and leaving the deal.
Vice Chair Casello read the language in the document and stated the agreement was
terrible. Mr. Simon explained a consultant's agreement could be negotiated and every
agreement has elements that are very commonly negotiated.
Meeting Minutes
CommunityRedevelopment Agency Board
Boynton -Beach, Florida October 14, 2014
1110, Mr -1100 Am
Mr. Fitzpatrick noted the contract provided was Mr. Prakas' contract and inquired if the
CRA writes its own contract. Ms. Brooks explained the document was Mr, Prakas'
contract and it could be changed. She had already removed a lot from it. Mr. Buchanan
favored using a consultant.
Mr, Spillias clarified the way the documents are set up, there was no connection
between the RFP and the consultant's agreement, although it was anticipated Mr.
Prakas would assist the CRA in the RFP process. It should be tied together. Mr. Prakas
knows individuals he could encourage through the RFP, but the CRA would make the
ultimate decision. If Mr. Prakas does so, there is nothing wrong with having an
agreement that he would receive a commission, However, Attorney Spillias commented
a 30 -day letter may not be sufficient due to having to provide notice. When the RFP is
issued, interested parties have to go through Mr. Prakas. Mr. Prakas would also make
the presentations and the rankings.
Tom Prakas, President and Broker of Prakas & Co., understood the Board's
concerns. He explained if he brings someone to the Board during the 30 -day period, he
would be paid. He was amenable if the length of the agreement was changed too. His
firm has brokered or [eased/sold over 450 restaurants over the last 12 years and he
would like to bring his firm to Boynton Beach and lease or sell properties for the Board.
Ms. Brooks can convey the Board's concerns and terms to him and he did not anticipate
any issues as long as the terms and concerns were realistic. He had already reduced
his commission. His firm added 30 of the 36 restaurants in Delray Beach. He was
agreeable to just bringing bars or restaurants and would not force anyone into entering
into a lease.
Mr. Fitzpatrick inquired about the status of the Little House and learned it was vacant
and not free and clear of lease issues.
im
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Emily Rollins, 519 NW 8th Avenue, was very famar with the business and
commented it was important to place someone at the location that can succeed. She
suggested having a consulting fee with Mr. Prakas for one or two years. She had no
relationship with Mr. Prakas.
Victoria Castello explained she was a licensed real estate broker, and she wanted the
Little House to succeed. She paid the rent for Ms. Benoit for October which was
deposited as rent. Ms. Castello's attorney was out of town and she inquired if Ms.
Benoit was in default.
Attorney Spillias explained she was in default and had a few days to cure the matter,
The premises were vacant and she removed items from the premises which was not
permitted. Renovations without the CRA's permission are not allowed. Ms. Benoit was
notified by letter and could respond. Additionally, Ms. Benoit had sent a letter indicating
she was vacating. Ms- Castello explained she was a taxpayer and the CRA was signing
the property as an exclusive listing. She inquired if the property was in default. Ms.
Castello contended it was not. Attorney Spillias clarified she was in default for different
reasons, and non-payment of rent was not one of them.
Vice Chair Casello inquired why staff would accept a check from a third party. Attorney
Spillias explained a check coming from a third party is of no issue as anyone can pay
someone's rent. The letter from Ms. Benoit initially made it clear she was leaving at the
end of September. At that point in time, it could be construed as anticipatory breach of
the contract, which means the individual states they are not moving forward with the
contract. Then the rent check was tendered. An email was received from Ms. Benoit
indicating the rent was for September. The CRA then learned Ms. Benoit removed
items from the facility, the doors were locked, and it was not run as a restaurant. All
those items were a breach of contract. At that point, the CRA declared a breach, and
Ms, Benoit was given a certain amount of time to cure the breach, which was by
October 21, 2014. On that date, the fixtures were to be put back in, the restaurant be
operational and the rent and insurance be current. Otherwise, it is a default that has not
been cured and the CRA couls terminate the lease.
Mr. Buchanan did not think a motion was needed and thought staff should be given
direction to move forward to develop an agreement the Board would approve that tied
together the RFP and contract.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
19=
Vice Chair Casello moved to defer the item until they come up with the verifications thai
are tied to the RFP. Mr. Hay seconded the motion.
Mr. Hay spoke about an issue that surfaced at the FRA conference regarding the RFP
responses, The CRA has not had a good response to the RFP, and at a meeting, a
comment was made the infrastructure was not in place. He requested Mr. Simon
explain why developers were not considering the CRA as seriously as they should.
Mr. Simon explained the development community felt RFPs written by cities and CRAs
were not inviting enough to actual and legate developers because of the conditions
and the amount of money that is spent puffing the response together, only to learn the
Board is not interested in a project after they have spent a lot of money on a response.
This has occurred with CRA properties in the past. He requested the Board remember
there were RFPs they issued before that nothing occurred thereafter. The concern from
the public that the CRA is bringing in a commercial entity to review and be a part of this
was evidence there should be a third party involved in the process,
With the Little House, it appeared the CRA has been pitted against Ms. Benoit;
however, the GRA supported Ms. Benoit for many years with free rent and other items.
They had a great relationship with her and worked together to build the restaurant. Ms.
Benoit terminated her lease on her own. She was in the paper describing the fact she is
tn a new adventure, and these were not things that were initiated by the CRA. Asking -
her to leave was not part of the CRA's plan and, in fact, staff worked very hard to keep
her successful. Mr. Simon commented there are other elements the CRA could
i.drress. in the RFP that will be more beneficial.
Chair Taylor expressed his concern there will be a vacant property. He thought there
was something that could be worked out and requested the CRA do so as quickly as
possible. Ms. Brooks suggested having a special CRA meeting.
Mr. McCray expressed his confidence in Ms. Brooks and Board Counsel, but thought
these issues should be worked out before the agreement comes to the Board. Mr.
Merker agreed with the Chair and thought in light of the letter received from Ms. Benoit,
she broke the lease. Chair Taylor requested the CRA review the 30 -day letter in
addition to the RFP.
IR I � I I I:11 I I I III I P I 1 11 11 11 1 1
in
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
-TOTT-07M
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 Prope
at 211 E. Ocean Avenue I
EM
There being no further business to discuss, Chair Taylor adjourned the meeting at 8:31
P. M.
Catherine Cherry
Minutes Specialist
141022
im
CRA BOARD MEETING OF: November 12, 2014
X � Consent Agenda Old Business New Business Public Hearing
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending October 31, 2014.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve monthly financial report.
w
Susan Harris
Finance Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meetings\November 20141Financial Report.docx
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CRA BOARD MEETING OF: November 12, 2014
Agenda I I OldBusiness New Business
SUBJECT: Purchase Orders
SUMMARY:
Attached is the purchase order report for October 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
Month: October 2014
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by
MeetingNFY 2014 - 2015 Board Meetings\November 2014NMonthly Purchase Order Report
12TrITI
Description
,_Ci of Boynton Beach
14-15
'Lewis Longman Walker P.A.
per contract
Holiday Tree, Lighting,
C11 Enerprises
Decorations
Marina POS (Point of Sale)
System for New Habor Master
Building, Fuel Integration and
Marina Management Software
for Slips -One time cost
Scribble Software
w/annual maintenance
FEC Corridor Landscaping
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by
MeetingNFY 2014 - 2015 Board Meetings\November 2014NMonthly Purchase Order Report
X I Consent Agenda Old fr Public HearingOther
SUBJECT: Approval of Commercial Facade Improvement Grant application from JSG 2403,
LLC
SUMMARY: JSG 2403, LLC is the owner of the property located at 2403 South Federal
Highway, Boynton Beach, FL 33435. This project is a complete renovation of an existing
Sunoco gas station. Applicant has applied for the CRA Commercial Fagade Grant for
reimbursement of the landscaping costs.
The Commercial Facade Improvement program reimburses 50% of the applicant's
expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any
unused grant funds will be rolled back into the program.
FISCAL IMPACT: Project Fund line item: 02-58400-444
CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan
RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up
to $15,000.00 to JSG 2403, LLC for the property located at 2403 South Federal Highway,
Boynton Beach, FL 33435
Michael Simon
Assistant Director
55
YIPN
'Wa
k,
I "a7i avurn,"In
Boynton Beach Community Redevelopment Agency
Maximum Grant Amount is $15,000
(Please Print or Type Only - Use Additional Sheets If Necessary)
3 =$717 i1g,
The Commercial 'Fagade Improvement Grant Program is des�gned to provide a financial
incentive to heip facilitate the exterior improvement of existing commercial properties within
the CRA District. Commercial property within the CRA District may qualify for up to $15,000
A f CRA funding for approved exterior improvement projects. The grant is a matching,
reimbursable grant providing commercial property owners/tenants with a more visually
appealing property,
The foEowing rules are intended to inform a potential grant appiicant ot the extent and scope
of the program. The purpose of the progTam is to encourage commercial property owners to
upgrade their properties by improving the external appearance of their business and to
encourage businesses to invest in their operations. The result will halt deterioration, stabilize
property values, improve and upgrade appearance of the area, and facilitate and encourage
-r-•.•opment activ'Ay in the target area.
The program is available only for property iocated within the C.M?Yistriff
Note: See attached CRA District Map.
2. Facade improvements must be consistent with the CRA's Design Guidelines.
Note: CRA Design Guidelines are available on the CRA website
LiftSL//www. catch boyEj �ncorn
All proposed exterior improvements using CRA funds must be approved by the
CRA Board. The CRA Board may make recommendations for exterior
improvements based upon the CRA Design Guidelines.
3. The program is for commercial properties and businesses only. Residentially
zoned properties are NOT eligible (this includes multi -family units, apartment
buildings and duplexes). The property owner must be the applicant. However, if
the property is currently leased to a tenant, then the Application and Agreement
must be jointly executed by both the owner and the tenant.
Initials
Page
nitialsPage I of 7
710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3259
wwwxatchbuyntonxom
* Painting
* Shutters
* Awnings/canopies
* Decorative exterior fagade improvements
* Exterior doors/windows
* Landscaping around the building
* Irrigation
* Parking lot re -paving, re -sealing, re -striping
* Exterior lighting
* Patio or decks connected to the building
® Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement)
* ADA improvements
* Signage
* Fencing (excluding : chain link, barbed wire, and wood panels)
* Demolition of structure and (re)sodding of vacant property
All work musq be done in compliance with applicable City of Boynton Beach
Building Codes and Land Development Regulations. All contractors must be
licensed in Boynton Beach/Palm Beach County. Please contact the City of
Boynton Beach Development Department regarding the proposed work to be
performed prior to submitting a fagade grant application -
6. Maximum Grant amounts: The CRA will provide, on a reimbursement basis,
a 50% matching grant for eligible fagade improvements up to a total of fiffeer.
thousand dollars ($15,000) of CRA funds.
7, Grant funds will be reimbursed exclusively for approved work, approved change
orders and oniy for work that has been performed after the grantee has
received notification that the Grant Application has been approved by the CRA
Board. Any work completed prior to receiving grant approval is ineligible for
reimbursemeTt. M
8. The Commercial Faqade- Improvement Grant Program may only be used One
time in any five year period for any one property, Properties may reapply for
additional grants any time after five (5) years from previous grant approval.
9. The property owner, or tenant if applicable, must complete the fagade
improvement project and submit for reimbursement within 120 days of the grant
award. Failure to complete the fagade improvements in a timely manner will
resu�t in the property owner, or tenant if applicable, losing the grant
reimbursement opportunity. Only one 30 day administrative extension will be
permitted.
initials'�k//
e., '
Page 2 of 7
710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258
11, APPLICATION PROCESS
An appiicant seeking a project grant may secure an application from the Boynton
Beach Community Redevelopment Agency (CRA) located at 710 North Federal
Highway, Boynton Beach, FL 33435, phone 561-737-3256 or download the application
from wvvw.catchboynton.corn
2. An original application with all materials is to be returned to the Boynton Bea
Community Redevelopment Agency for review and approval by the CRA Boarlo
Applications will be considered on a first-come, first served basis. Applicants must ta.
the necessary steps to ensure that their submitted application is properly time stamp(
to document receipt by the CRA.
3. CqK staiY will present the completed grant application to the CRA Board for their
review and approval. The CRA Board conducts their meetings on the second Tuesday
of each month. Applicant will be notified of the date and time their application will be
presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting
�n order to answer any questions the CRA Board may have regarding their application.
CRA staff will notify the appiicant of grant approval or denial.
4. The CRA will administer the Commercial Fagade Improvement Grant Program and
funding. In addition to the appropriate City of Boynton Beach building inspeetions, the
CRA will inspect the work to determine the satisfactory completion of the work.
5. Applicants may not have any outstanding City of Boynton Beach liens against their
property. In the event that an Applicant has an outstanding City of Boynton Beach lien
against the property, the grant will not be awarded until the complete satisfaction of the
lien.
10
Application to this Program is not a guarantee of funding. Funding is at the sol(;
discretion of the CRA Board.
Written detailed description of the improvements to be done to the
property,
2. W9 Form (attached),
W
Copy of Warranty Deed,
Copy of Lease (if applicable),
Plans or sketches if applicable,
Site plan and plant list for landscape projects,
Third -party cost estimates from three (3) licensed contractors,
Estimated time line,
9. Evidence of financial ability to pay for the project (approved loan, cash
account, line of credit, etc.),
Initia
Page 3 of 7
710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3259
wwwxatchbgy�
............. . ___ qQE"q:n
r .�c
10. A minimum of four (4) 3" x 5" color "before" photos of the project which
must include "public views",
11. Signage design with colors & materials proposed if applicable,
12. Project color chips 1 material samples if applicable, and material
specifications,
IV. REIMBURSEMENT PROCESS
Disbursement of arant funds shall only occur when the fo11gff[0gj2gMM2pLs
�re -submitted and all other r0rill ire d conditions are met:
1 CRA has received copies of executed contracts, canceled checks
(front and back) and proof that the work has been approved by the
City of Boynton Beach Building Department.
2. CRA has received copies of final "paid in full" vendor/contractor invoic
along with a letter from each vendor/contractor stating that all invoices for t
project have been paid in full and/or a release of lien from ea
vendor/contractor stating there are no outstanding monies owed for the project
3. CRA has received copies of final inspection approvals for all per
required work.
is Entire scope of work for eligible items is completed,
5. Applicant provides "After" photos. I
Improvement Grant PLqqram. and to comply with its content.
0 tj
Narne of Property
Owner:
Email Address:
Address of Property
Owner:
City/State: P Zip Code-,
KX�
Phone # Day: Evening: ber
1_772
Legal description of the property to be improved:
-,
k1 0 1
Initials
Page 4 of 7
710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258
Ww%y.catchboylitic
Name of Tenant:
if Different from
Property Owner
Email Address.
............. - — ------ —
Name of Business:
Property Address:
Where improvements are being made.
Citv/State:
Zip Code: 17
Phone # Day:
Evening:
LLD
Type of Business:
Years of Operation -
Number of Employees: Annual
Payroll:
Number of Employees residing in Boynton Beach:
Page 5 of 7
710 No Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258
�x%yvkvxalclib
STATE OF _fl
COUNTY OF �hP) &J -V-A
r
k=
BEFORE ME, an officer duly authorized bv law to administer oaths and take acknowledgements,
personally appeared
who is personally 'Known to me or produced as
identification, and a65Wn—o—wreidg—ed he/she executed the foregoing Agreement for the use and purposes
mentioned in it and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my and and official sea! in the State and County
aforesaid on this 0 Lk day of 1 q, n
NOTARY PUBLIC
V Pubk. Otate of Ffmida
T 0,$,3
niss4nn FF 130709
My Commission Expires:
{11 7
Page 6 of 7
710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258
www.catchbg�ynlomcona
III liql1ligir
Witness
(Date)
Tenant/Business Owner
(Date)
Wiin
ate)
Tenant/Business Owner
(Date)
:411A
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements, personally appeared
who is
personally known to me or produced as
identification, and acknowledged he/she executed the foregoing Agreement for the use and
purposes mentioned in it and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, � have set my hand and official seal in the State and
County aforesaid on this day of 20
11,110111,12YK91111141
SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING
00
ImDrovement Grant Program and to qoMg�����
Page 7 of 7
710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258
, C
wwwx, I hbo coil)
.................
http://www.pbcgov. com/papa/Asps/PropertyDetail/PropertyDetail.asp...
r�ty ary k Alik h it OFA Ho'n ste Exemption
MM
a
Property _ ralserP
►wit s ah i tad", counity
Location Address 2403 5 FEDERAL HWY
Municipality BOYNTON BEACH
Parcel Control Igvrnher 08-43-45-33-06-000-0191
Subrlivlsion ROBINSON ADD IN
Official Records Book 26631 Page 1741
Sale Bate FEB -2014
Legal Description ROBINSON ADD, LTS 19 & 20
Mailing address
Owners 1601 S FEDERAL HWY
JSG 2403 LLC BOYNTON BEACH FL 33435 6953
Sales Date Price OR Book/Page Sale Type Owner
FEB -2014 $725,000 26631 11741 WARRANTY DEED JSG 2403 LLC
DEC -1989 $100 06869/0969 QUIT CLAIM
DEC -1989 $100 06869/0969 QUIT CLAIM SHAHMOHAMMADI BAHMAN
NOV-1989 $335,600 06269/1148 WARRANTY DEED
No Exemption Information Available.
Number of Units 0 *Total Square Feet 1372 Acres 0.7912
Use Code 2600 - SERVICE a,or�in9 C3 Community Commercial (08-BOYNTON
STATION BEACH )
'Fax Year 2014 2013 2012
Improvement Value $66,110 $66,933 $63,853
Land Value $552,274 $541,445 $541,445
`total Market Value $618,384 $608,378 $605,298
All values are as of January 1 st each year
Tax Year 2014 2013 2012
Assessed Value $618,384 $608,378 $605,298
Exemption Amount $0 so $0
Taxable Value $618,384 $608,378 $605,298
Tax Yeaff 2014 2013 2012
Ad Valorem $14,000 $13,810 $13,730
Non Ad Valorern $1,884 $1,848 $1,838
Total tax $15,884 $15,658 $15,568
I of 1 11/6/2014 12:37 PM
PAPA Maps
Search Results Detail
Yirqperty-Record
DIM=
JSG 2403 LLC
Property detail
Location 2403 S FEDERAL HWY
Municipality BOYNTON BEACH
Parcel No, 08434533060000191
Subdivision ROBINSON ADD IN
Book 26631 Page 1741
Sale Date FEB -2014
1601 5 FEDERAL HWY
Mailing
Address BOYNTON BEACH FL
33435 6953
Use Type 2600 - SERVICE STATION
Total 1372
Square Feet
Sales Information
Sales Date Price
Tools
Layers
Print
Messages
Instructional Videos
http://www.pbcgov.com/papa/Asps/Papagis/Papagis.aspx?qvalut--08..,
irovn wr-t"v Am
1 of 1 11/6/2014 12:39 PM
THIS INSTRUMENT PREPARED BY AND RETURN TO:
David B, Norris, Esq.
Cohen, Norris, Wolmer, Ray, Telepman & Cohen
712 U -S_ Highway One, Suite 400
N'01r,,ialtn Beach, R 33408
Appraisers Parcel Identification Number: 08-43-45-33-06-000-0191
0
f
CFN 20140067607
OR
RECCOWED 0 r
Palys Reach County, Florida
ANT ,F.
Doc staup ,. ;
{_ <.-
'ACE ABOVE THIS LINE FOR RECORDING DATA
WARRANTY DEED
THIS WAR TY DEED, made the �' day of February, 2014 by BARMAN SHAHMOHAMMADI
and PAMELA 3 AHMOHAMMADI, husband and wife, herein called the Grantor, whose post office address
is 24x3 South highway, Boynton Beach, Florida 33435 to JSG 2403, LLC, a Florida limited Liability
company, whose st ffice address is 1601 South Federal Highway, Boynton Beach, Florida 33435, hereinafter
called the Grantee. ���
(Wherever used herein i ederrns "Grantor' and "Grantee" in
all the parties Co this instrument and the heirs,
legal representatives andof individuals, and the successors and assigns of corporations)
W I T N E S S E T H:iGrantor, for and in consideration of the sum of TEN AND 001100'S ($10.00)
Dollars and other valuable c r ons, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, convek`confirtns unto the Grantee all that certain Iand situate in PALM BEACH
County, State of Florida, viz.: ;
SEE EXHIBIT "A" A f'TAw HERETO AND BY REFERENCE MADE A PART HEREOF.
SUB)= TO easements, restrictions a jeg�rvations of record and to taxes for the year 2014 and thetea[ter.
TOGETHER, with all the tenetnents,,-*aments and appurtenances thereto belonging or iu anywise
appertaining. t'— �r
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantees that the Grantor is lawfully seized of said land in fee
simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is
free of all encumbrances, except taxes accruing subsequent to December 31, 2013.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year fixst above
written.
Ba n ShAmoham iadi
Pamela), Shahmohaen adi
0
STATE OF FLORIDA
) 5s:
CQ��NTY OF PALM BEACH
regoing Ins eat was acknowledged before me this 2.1 day of �01 4 by
6t
B` �M_ !81,ahmo nakadi and Pamela J. Shahmohammndi, husband and wife, who axe personal -n 'wn to ine. or
h IV 1�
av used LNLOW.=AT LL%%E§9_W_ -as identification.
Gt orid/X
Public, State of Flori
Ucto M. ROY My Commission Expires:
(SEAL) F
VA
Book26631/Pagel742 Page 2 of 3
0
EXHIBIT "A"
TOTS 1�20, ROBINSON ADDITION IN BOYNTON BEACH, FLORIDA, ACCORDING TO THE
PLAT TTSZF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM-BYACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 144, LESS THAT PORTION
THEREOF t6yEYED TO STATE OF FLORIDA BY WARRANTY DEED DULY RECORDED IN
OFFICIAL REcWS BOOK 111, PAGE 142, DESCRIBED AS FOLLOWS:
THE EAST 10 FOF LOTS 19 AND 20, ROBINSON ADDITION, ACCORDING TO THE PLAT
THEREOF RECORR'
IN PLAT BOOK 23, PAGE 144, PALM BEACH COUNTY PUBLIC RECORDS;
BEING THE PO�f}F SAID LOTS LYING WITHIN 50 FEET WESTERLY OF, MEASURED AT
RIGHT ANGLES TO �ASLINE OF SURVEY OF STATE ROAD NO. 5, SECTION 9301-205, AS SAME
AS SHOWN ON A RIGI'F-WAY MAP OF SAID ROAD AND SECTION RECORDED IN STATE AND
COUNTY ROAD PLAT 2, PAGES 156 TO 165, INCLUSIVE, PALM BEACH COUNTY PUBLIC
T
ti
IZ , CORDS. �
ALSO FROM A POINT ON
TH LINE OF LOT 19, ROBINSON ADDITION, ACCORDING -1'0
PLAT THEREOF RECORDS PLAT BOOK 23, PAGE 144, PALM BEACH COUNT).' PUBLIC
RECORDS, LOCATED 10.05'yESTERLY OF THE NORTHEAST CORNER OF SAID LOT 19,
CONTINUE WESTERLY ALONGI: NORTH LINE OF LOT 19 FOR 27.51 FEET; THENCE RUN IN A
SOUTHEASTERLY DIRECTION A THE ARC OF A CURVE, CONCAVE TO THE SOUTHWEST,
AND SAVING A RADIUS OF 25 'FE OR A DISTANCE OF 41.66 FEET TO A POINT ON A LINE
PARALLEL TO AND 50 FEET WESTE OF, MEASURED AT RIGHT ANGLES TO THE LASE LINE
OF SURVEY OF STATE ROAD NO. 5, ON 9301-205; THENCE RUN NORTH 4 DEGREES 57'25"
EAST ALONG SAID PARALLEL LINE F51 FEET TO THE POINT OF BEGINNING.
21 n .; o o "" * ,; ..age 3 of
Mignano Tree Care Inc.
1127 SOUTH EAST 2ND STREET
BOYNTON BEACH, FLORIDA 33435
OFFICE 561-738-2850 FAX 561-738-2801
Description
Qty
Rate
Total
GEIGER TREES; 1-3/4" CALIBER
2
290.00
580,00
SILVER BUTTONWOOD-, 1-3/4" CALIBER
3
590.00
1,770.00
GALUCOUS CASSIA TREE; 1-3/4" CALIBER
3
465.00
1,395.00
I TVE OAKS; 6" CALIBER, 200 GALLON
6
1,950.00
11,700-00
SENEGAL DATE PALM; 6" CALIBER
.3
1,450.00
4,350.00
ALEXANDER PALM (DOUBLE); 3" CALIBER
7
575.00
4,025.00
BAGS OF CYPRESS MULCH
750
3.65
2,737.50
FAKA14ATCHEE GRASS; 24" HEIGHT
500
11.00
5,500.00
HAWAIIAN TI PLANTS; 24" HEIGHT
800
12.00
9,600-00
20 PALLETS BAHIA SOD
20
165-00
3,300.00
DELIVERY
650-00
650.00
PRE? AND REMOVAL OF CURRENT VEGETATION
7,200.00
7,200.00
ORGANIC DISPOSAL FEE
1,125.00
1,125.00
DEMO AND PREP OF WEST SIDE $5800.00 + $750.00 DISPOSAL
9m=
PAYMENT IS DUE UPON COMPLETION. Total
BY SIGNING THIS PROPOSAL YOU AGREETO OURTERNIS OF PAY' TENT. I
Al I pruning is to be done within the scope of the approved techniques as described in ANSI
A300-1995. Work is to be done by workers trained in compliance with ANSI Z 133.1 safety
regulations, as required OSHA,
5531,932-50
PUDDER'S LANDSCAPING, INC.
FLORIDA CERTIFIED LANDSCAPE TECHNICIAN #6
P.O. BOX 290658
DA VIE, FL 33329
GREAT DANE PETROLEUM
1330 S. ANDREWS AVENUE
POMPANO BEACH, FL 33069
JOB:Sunoco Boynton Beach
............................................
I)ATE ESTIMATE 91
I01 0f2014 E.,54:::]
QTY I COMMON NAME & SIZE I UNIT I TOTAL
PRICING MAY CHANGE, LANDSCAPE CONTRACTOR, REQUIRES MEETING
WITH LANDSCAPE INSPECTOR FROM CITY OF BOYNTON BEACH TO CONFIRM
ALL THE SPECS ON THE JOB AS TO THEY ARE VERY USUAL.
SIGNATURE ITOTAL $63,825,00
PLANS DATED 8/25/2014
2
ORANGE GEIGER TREE 12' 6" CALIPER (NOT AVAILABLE) 350.00
700.00
3
SILVER BUTTONWOOD 12' 6" CALIPER (NOT AVAILABLEO 325.00
975.00
3
GLAUCOUS CASSIA 10'-12' 300.00
900.00
6
LIVE OAK 6" CALIPER 1,000.00
6,000.00
3
ROEBELINI PALM 6' TRIPLE 325.00
975.00
7
ALEXANDER PALM 14'-16' DOUBLE 475.00
3,325.00
450
SAWGRASS (DWARF FAKAHATCHEE, MUHLY) 9.00
4,050.00
1,500
HAWAIIAN TI 3 GAL 48" 1.2.50
18,750.00
IRRIGATION 3,600.00
3,600.00
7
PALLETS OF MULCH 350.00
2,450.00
TREE REMOVALS INCLUDING STUMP GRINDING FROM TREE LIST 17,000.00
17,000.00
17,000
SQUARE FEET OF BAHIA SOD 0.30
5,100.00
PRICING MAY CHANGE, LANDSCAPE CONTRACTOR, REQUIRES MEETING
WITH LANDSCAPE INSPECTOR FROM CITY OF BOYNTON BEACH TO CONFIRM
ALL THE SPECS ON THE JOB AS TO THEY ARE VERY USUAL.
SIGNATURE ITOTAL $63,825,00
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ICRA
CRA BOARD MEETING OF*' November 12, 2014
Consent Agenda Old Business New Business Public Hearing IX Information Only
SUBJECT: CRA Development Project Update: Boynton Harbor Marina Harbor Master Building &
Fuel Dock Site Improvement Project.
SUMMARY: The CRA Board approved the funding in the FY 2013-2014 budget for the
construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement
Project. The scope of work for the project consists of the construction of a new 1,500 square foot
Harbor Master building with shop store and public restrooms, enhanced lighting, landscape and
hardscape improvements and signage.
At their February 11, 2014 meeting, the CRA Board approved entering into a construction contract with
The Collage Companies for the construction of the project for the contract price of $974,545 plus a 15%
contingency $146,182 for a total of $1,120,727.00. The Notice to Proceed was issued on February 26th
with a final completion date of January 8, 2015.
Collage's Project Manager, David Trindade continues to do an excellent job of managing and delivering
the highest quality product for the CRA. The contractor has completed the building's interiors,
restrooms, signage, installation of the larger trees, pavers and electrical/plumbing at this stage of the
project. Progress aerial picture is attached. As of today, the project is ahead of the contract's schedule.
FISCAL IMPACT: Construction Cost of $974,545 plus 15% contingency $146,182 for a total of
$1,120,727 budgeted in Account # 02-58200-404
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision &
Master Plan, Boynton Harbor Marina Master Redevelopment Plan.
RECOMMENDATIONS: None.
Michael Simon, Assistant Director
TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meet! ngWY 2014 -2015 Board Meetings\Novemher 2014Warina Project Update -
Nov 2014.docx
Print #141029075
Boynton Beach Harbor Manna Date: 10129114
HCOLLAGE Dockmasters Building 26.528,E— a929
Gtdi2r No. SE958
Harbormaster Building & Site Improvement Project
October 2014 Progress Update
a 11 Prinl #141029076
ff Boynton Beach Harbor Marina Dale: W29114
=COLLAGE Dockmasters Building L&Lan-26.52MO -M.06392,9
Order No. 56958
44 Af,,rwo F49q. 1m: 9FA-SM-404
iBOYN N,..BETA0CH',,`,,CRA
%'--IRA BOARD MEETING OF: November
Consent Old Business I I New Business I I Public Hearing11 a ,; a 01
SUBJECT: CRA Development Project Update: Parking Lot Project — NE 1 st Avenue & NE 1st Street
& Sidewalk Connector located at 208 NE 1 st Avenue.
SUMMARY: The CRA Board approved the funding in the FY 2013-2014 budget for the design and
construction of a 58 space public parking lot on the CRA owned property located at 208 NE 1 st Street.
The CRA Board approved the release of the Invitation to Bid (ITB) on December 6, 2013 with a
submission deadline of January 16, 2014.
As a result of the ITB process, cost proposals were submitted from ten contracting firms. At their
February 11, 2014 meeting, the CRA Board approved Rosso Site Development, Inc. as the general
contracting firm for the Parking Lot — NE 1 st Avenue & NE 1 st Street & Sidewalk Connector Project.
On March 12, 2014, the CRA Board approved entering into a contract with Rosso Site Development,
Inc. for the construction of the project.
Rosso Site Development, Inc. has reached a point in construction when final inspection and punch list
items are being organized for completion. The project looks great both the parking lot and sidewalk
connector extremely well utilized during the CRA's 2014 Pirate Fest event. Project Progress pictures are
attached.
FISCAL IMPACT: Contract price of $510,435.24 plus 10% contingency $51,044 for a total of
$561,480 budgeted in Account # 02-58200-404
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision &
Master Plan.
Michael Simon, Assistant Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICDmpleted Agenda Item Request Forms by MeetingTY 2014 - 2015 Board MeetingslNovember 20141Parking Pry update
Nov2014.docx
Parking Lot Project
NE I" Street & NE 1St Avenue
October 2014 Progress Pictures
C,RA BOA" MEETING OF-*
November 12, 2014
SUBJECT: Business Development Advertising Campaign - Boynton Forum and the
Pineapple Newspaper
SUMMARY: As part of the ongoing marketing efforts to assist local merchants in an
advertising campaign, the CRA allocated fiends in the budget for a monthly double page
spread in the Boynton Forum. Every month the double page spread has a different theme
in which the businesses are rotated to support the overall "Shop Local "mission. The
month of October (Exhibit A) featured the restaurants and retail businesses that
participated in The Haunted Pirate fest & Mermaid Splash event. This advertising
campaign has increased visibility for local businesses which sends a message to the
community that east Boynton is open for business!
This month the CRA ran an ad in The Pineapple Newspaper to showcase the many assets
Boynton Beach has to offer. This full page color ad (Exhibit B) reached over 15,000
direct online readers and a circulation of 20,000 papers distributed to 250 locations in
Palm Beach County.
FISCAL IMPACT: Budgeted in Project funds 02-58400-445
$17,000.00 Boynton Forum
$750.00 The Pineapple Newspaper
CRA PLAN, PROGRAM OR PROJECT: Marketing Budget
Exhibit A
oo
Sat., Ott. 2S- lam-9pm
Sun., Oct 26 11 am - 7 pm
Yap ha _. h ;rs o -c
n n a rx.•rc�.,.
d m
—6—
H.—,td 0—
#-W
2—#v,
Far'aare Wor.*U— m Uft event WLM
BCPtratelest [ W"11561 -60e.9097
. a o
Boynton Beach DiveCanter' �,
Vapor Rocket,'E
q� 1550 North Federal Highway .° t'';4t6 East Boynton Beach Boulevai
.561-732-8590
561-200-0122
European Wax Center
Cafe Frankle's ....
1000 North Congress Avenue x130
640 East Oceart Avenue ,
561-734.4200 e'
l
561-732-3834 ; -
The Fancy Flamingo `-
Carolina Ale House
640 East Ocean AvenueY t
365 North Congress Avenue
' 561 735.8848
661-735-7648
- iYh
Sherwin Williams f T Just Wings & A Few Other Things
2007 SCUM federal Highway
1600 North Federal Highway
561 742-5 63
561-740-9613
561-734-5050,:
The Sol 01
Kenny's Market & Deli
Eag�?C9}aenu4
214 East Ocean Avenue _
X408
11461-J 1-7 j
561-734-4047
-a.
Maul Wowl Coffee & Smooths
1
$07 East Woolbright Road
`-!`
561-336.2416
_
561-735-4946
Primo Hoagles"
t!
1616 South Federal Highway
561-734-5050,:
The Secret Garden Cafe
410 East Boynton Beach Boulevarl
661-752-8698° kiAJ A-1
:
4
.Tijuana Flats'
1725 South Federal HighwaytI
561-735-4946
Two Georges
728 Casa Loma Boulevard
661-736-2717
as Olde Tyme Kettle Corn
754-214-0016
a tiY=+
Exhibit
B
k
'1!
fj
BOYNTO
momBEAC ��,CRA
BOARD November
I Consent Agenda I I Old Business 1XI New Business I I Legal I I Information 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 (deferred 10/14/14)
SUMMARY: At the October 14, 2014 meeting, staff presented the CRA Board with proposed
Exclusive Listing Agreements to enlist the commercial real estate brokerage services of Prakas & Co. for
the leasing and or sale of the CRA owned properties located at 480 E. Ocean Avenue and 211 E. Ocean
Avenue.
After lengthy discussion amongst the Board regarding proposed terms within the Exclusive Listing
Agreement for the Sale and Lease of Commercial Property relating to commission percentages and the
length time period offered to Broker for the protection of non -selected interested submittals, a motion
was approved to defer the item to a future meeting.
CRA staff has made revisions to the previous Exclusive Listing Agreement with Prakas & Co. in an
attempt to address concerns voiced by the Board. The revisions made are as follows and presented in the
attached agreement:
Under Section 1, Lease Commission (a) was revised to read: "The commission on the rental shall be
equal to 5% of the base lease rental amount for the full term of the initial lease or five thousand dollars
($5,000.00) whichever is greater. If the lease is co -brokered the commission shall be 6% of the base
lease rental amount for the full term of the initial lease". The previous language provided a minimum
commission of ten thousand dollars ($10,000.00).
Under Section 3, Commission Rights was revised to read: "If the Property is sold or leased by Owner or
for Owner, within six (6) months 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". The pervious language provided for a one (1) year
time limit.
CRA staff has made revisions to Exhibit "A" of the agreement to provide additional language consistent
with language and terms used in Request for Proposal documents to identify a list of required
documentation that must be submitted to the Broker. This will assist the Broker represent equal
requirements for all proposers.
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meetings\November 20141Prakas Agreement 480 rev from oct mlg.doc
k
�3,
BOYNTON'
CRA
wsmBEACH
Previous 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.
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 PLAN,: Downtown Vision and Master Plan
RECOMMENDATIONSIOPTIONS: Approve entering into an Exclusive Listing Agreement
for Sale or Lease for Commercial Property for 480 East Ocean Avenue with Prakas & Co.
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meetings\November 20141Prakas Agreement 480 rev from oct mtg.doc
KAS
Florida's Premier Restaurant Broker
h'I NW 1" Court
BOCA RATON, FLORIDA 33432
368-0003
EXCLUSIVE LISTING AGREEMENT FOR SALE OR LEASE
OF COMMERCIAL PROPERTY
THIS AGREEMENT GIVES DMP BROKERS INC., d/b/a PRAKAS & CO (herein after "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 BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (herein after "OWNER"), OR ON THE PROCUREMENT OF A READY,
WILLING AND ABLE PURCHASER OR LESSEE ACCORDING TO TERMS HEREOF AND
ACCEPTABLE AND AGREED TO BY THE OWNER.
in consideration of the services of Broker, Owner exclusively lists with Broker for a period
commencing November 12 , 2014 and terminating at midnight February 10 , 2015 the following property, 480
E. Ocean Avenue, Boynton Beach, FL 33435 (herein after 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. Broker shall be responsible to obtain documents from potential
Lessees/Buyers evident compliance with the requirements of Exhibit "A." 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 Broker in securing an offer to purchase or lease the Property, Owner
agrees as seller or lessor to pay a professional service fee to PRAKAS & CO Broker as follows:
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 the 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 or five thousand dollars ($5,000.00) whichever is greater. If
the lease is co -brokered the commission shall be b% of the base lease rental amount for
the full term of the initial lease.
Sale Commission
2. 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
00408436-I
otherwise provided in this agreement. Minimum commission payable to Broker is ten thousand dollars
($10,000.00).
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 six (6) months 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 frill 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 Federal Investment
Real Property Tax Act "FIRPTA" (Internal Revenue Code Section 1445).
(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.
Page 2 of 5
(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 who meets the requirements set forth
in Exhibit 'A" 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 (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.
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.
Page 3 of 5
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.
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 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.
Page 4of5
IN WITNESS WHEREOF, the parties have signed this Agreement this day of
2014.
WITNESS: OWNER:
BOYNTON BEACH COMMUNITY
DEVELOPMENT AGENCY
AGENT:
(rev, 3111/08)
By:
Jerry Taylor, Chair
DMP BROKERS. d/b/a PRAKAS & CO.
Charles C. Prakas
Page 5 of 5
EXHIBIT 66A" LIST DATE: 11/12/14 EXPIRE DATE: 2110115
Sole Type of Businesses Solicited by Owner: Restaurant and/or Bar.
Desired Hours of Operation: a minimum 4pm –12pm, Monday through Sunday or additional hours of
operation if approved by Owner.
Parties interested in submitting an offer to lease or purchase must provide:
• Proof of current or prior ownership and/or operation of a restaurant and/or bar establishment.
• A detailed description of prior or currently owned or operated restaurant and/or bar establishments.
• A detailed description of the proposed restaurant and/or bar concept, menu, hours or operation for the
proposed restaurant and/or bar.
• Three references from vendors that supply(ied) goods or services to the current or prior restaurant and/or
bar operated restaurant and/or bar.
• Evidence of the financial capacity of proposer to fulfill the obligation to either lease or purchase the
property and financially support the ongoing use of the property.
Legal Description of Property & Property Address: 480 East Ocean Avenue, Boynton Beach, FL 33435 -
Lots 1 & 2, Blk 8, Original Town of Boynton, Palm Beach County
Name of Corporation: Boynton Beach Community Redevelopment Agency (Boynton Beach CRA)
Name of owner: Boynton Beach CRA
Contact person: Michael Simon
Business Address: 710 N. Federal Highway, Boynton Beach, FL 33435
Bus. Phone: 561- 737-3256 Cell: 561-706-6657
Fax: 561-737-3258 E-mail: simonm(&bbfl.us
Sale: Business Licenses: Assets: Property:–X— Lease: X
Assets Included In Sale: Furnishings / Fixtures & Equipment- See Exhibit "B"_TBD_
Purchase/ SALE Price: _TBD_ Down Payment: _ TSD_
Gross Sales: N/A Owner's Comp: Year NIA
Square Feet (SPACE):_Overall 1,505; Interior 765; Exterior patio 470; West end cooler 445 _ Seating:
Interior seating and Sidewalk seating for 75 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: I NNN;
Terms / Years: _TBD_ Options: _TBD_
00408947-I
Real Estate Taxes: _$5,064 (annual) _ Insurance: _$4,637 (annual) _CAM: _$4,848 (annual)
Basic Expense Items: Electric: _X -FPL _ Gas: X – Florida Public Utilities Water: XCity of Boynton
Beach Waste: X -City of Boynton Beach– Other: 1-1
Lease/Deed/Franchise Restrictions/Exclusives: Deed restriction on tearing building down or resale
without the Owner's approval or consent.
Advertising f Property Signs: Yes
Showing Instructions: Will provide key and alarm code.
Comments: None
Directions: I-95 to Boynton Beach Blvd. (Exit 57) East to Seacrest Blvd.; South on Seacrest; East on
Ocean Avenue (which is 2"d left off Seacrest); proceed East over railroad tracks & building is at 4 way
stop at East Ocean Ave & SE 4th Street, South side
Owner/Seller Date Listing Agent Date
00408947-1
Meeting Minutes
Commun.ity Redevelopment Agency 1302rd
Boynton Beach, Florida October 14, 2014
the demand for contractors. The funding was -stacked $75K for the first four years and
then it decreased as reflected in the meeting materials.
M
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
Ms. Brooks explained this unique, CRA -owned property is a historic property that is not
on a major thoroughfare. There is a grease trap inside the building, but no hood, Staff
had issued two RFPs and only received two responses each time. She did not think
two responses were representative of the broader range and type of business that could
be located there. Puffing a sign on the property would not accomplish anything and
having ads in different publications was not reaching the core group needed. Mr.
Prakas has done a lot of work in Palm Beach County and Delray Beach with restaurants
and bars. He purchased a liquor license on South Federal Highway which enabled the
strip club to be removed from the City. The CRA has worked with Mr. Prakas in the past
and was confident he could find tenants for both properties,
The listings would be for 90 days, concurrent with the RFPs. The properties were key
properties and Ms. Brooks noted there was not a lot of retail space on Ocean Avenue.
Therefore, it was important to have the right concept and operators. Using a
professional in this instance was worth the money as restaurants were not something
staff was familiar with.
As to the fee, there is a flat fee of $10K. If there is no concept that is financially viable,
no payment would be made. Chair Taylor expressed concern if Mr. Prakas brings in
someone and the CRA does not like the concept. Ms. Brooks responded a list of items
that would not be acceptable should be included in the listing agreement.
Mike Simon, Assistant Director, explained it is within an owner's right to determine a
realtor is ' not entitled to any compensation or commission if the owner does not agree
with a prospective tenant or sign a document. A fee is not generated by bringing
someone to the table and leaving the deal.
Vice Chair Casello read the language in the document and stated the agreement was
terrible. Mr. Simon explained a consultant's agreement could be negotiated and every
agreement has elements that are very commonly negotiated,
it
Meeting Wmutes
Community Redevelopment Agency Board
Boynton
each, Florida October 14, 2014
Mary Louis, Boynton Beach, attended the meeting to present a restaurant business.
She has a business established for IS years in Lantana. On the advice of Attorney
Spillias, presentations should not be discussed until the RFP was issued.
Mr. Fitzpatrick inquired about the status of the Little House and learned it was vacant
and not free and clear of lease issues.
UN
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Emily Rollins, 619 NW 8th Avenue, was very familiar with the business and
commented it was important to place someone at the location that can succeed. She
suggested having a consulting fee with Mr. Prakas for one or two years. She had no
relationship with Mr. Prakas.
Victoria Castello explained she was a licensed real estate broker, and she wanted the
Little House to succeed. She paid the rent for Ms. Benoit for October which was
deposited as rent. Ms. Castello's attorney was out of town and she inquired if Ms.
Benoit was i -default.
Attorney Spillias explained she was in default and had a few days to cure the matter.
The premises were vacant and she removed items from the premises which was not
permitted. Renovations without the CRA's permission are not allowed. Ms. Benoit was
notified by letter and could respond. Additionally, Ms. Benoit had sent a letter indicating
she was vacating, Ms. Castello explained she was a taxpayer and the CRA was signing
'the property as an exclusive listing. She inquired if the property was in default, Ms.
Castello contended it was not. Attorney Spillias clarified she was in default for different
reasons, and non-payment of rent was not one of them.
Vice Chair Casello inquired why staff would accept a check from a third party. Attorney
Spillias explained a check coming from a third party is of no issue as anyone can pay
someone's rent. The letter from Ms. Benoit initially made it clear she was leaving at the
and of September. At that point in time, it could be construed as anticipatory breach of
the contract, which means the individual states they are not moving forward with the
contract. Then the rent check was tendered. An email was received from Ms. Benoit
indicating the rent was for September. The CRA then learned Ms. Benoit removed
items from the facility, the doors were locked, and it was not run as a restaurant. All
those items were a breach of contract. At that point, the CRA declared a breach, and
Ms. Benoit was given a certain amount of time to cure the breach, which was by
October 21, 2014. On that date, the fixtures were to be put back in, the restaurant be
i1perational and the rent and insurance be current. Otherwise, it is a default that has not
been cured and the GRA couls terminate the lease.
lair -11 (Q a 4II-IROE-11 tag W#M 01
Mr. Buchanan did not think a motion was needed and thought staff should be given
direction to move forward to develop an agreement the Board would approve that tied
together the RFP and contract.
W
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
-TOW—TrIgme
C. Consideration of Entering into an Exclusive Listing Agreement with It
Firm of Prakas & Co. for the CRA Owned Property at 211 E. Oce
A, ve7tue
D. Consideration of Issuing a Request for Proposals for CRA Owned
Property at 480 E. Ocean Avenue
EConsideration of Issuing a Request for Proposals for CRA Owned Property
at 211 E. Ocean Avenue
XV. Future Agenda Items:
None.
I. Adjournment
There being no further business to discuss, Chair Taylor adjourned the meeting at 8:38
Pm.
Catherine Cherry
I
Minutes Specialist
141022
in
BOA" MEETING OF: November 12,2014
Consent Agenda Old i i r; ,iii 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 (deferred 10/14114)
SUMMARY: At the October 14, 2014 meeting, staff presented the CRA Board with proposed
Exclusive Listing Agreements to enlist the commercial real estate brokerage services of Prakas & Co. for
the leasing and or sale of the CRA owned properties located at 480 E. Ocean Avenue and 211 E. Ocean
Avenue.
After lengthy discussion amongst the Board regarding proposed terms within the Exclusive Listing
Agreement for the Sale and Lease of Commercial Property relating to commission percentages and the
length time period offered to Broker for the protection of non -selected interested submittals, a motion
was approved to defer the item to a future meeting.
CRA staff has made revisions to the previous Exclusive Listing Agreement with Prakas & Co. in an
attempt to address concerns voiced by the Board. The revisions made are as follows and presented in the
attached agreement:
Under Section 1, Lease Commission (a) was revised to read: "The commission on the rental shall be
equal to 5% of the base lease rental amount for the full term of the initial lease or five thousand dollars
($5, 000.00) whichever is greater. If the lease is co -brokered the commission shall be 6% of the base
lease rental amount for the full term of the initial lease". The previous language provided a minimum
commission of ten thousand dollars ($10,000.00).
Under Section 3, Commission Rights was revised to read: "If the Property is sold or leased by Owner or
for Owner, within six (6) months 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 setforth above ". The pervious language provided for a one (1) year
time limit.
CRA staff has made revisions to Exhibit "A" of the agreement to provide additional language consistent
with language and terms used in Request for Proposal documents to identify a list of required
documentation that must be submitted to the Broker. This will assist the Broker represent equal
requirements for all proposers.
T:tiAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
MeetingslNovember 20141Prakas Agreement 211 rev from oct mtg.doc
BOYNTO
i11
momBEAC
,CRA
Previous 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 $10,000.
The CRA attorney has confirmed that the Board can enter into an exclusive listing arrangement with a
broker without going out for a Request for Qualification or Proposal.
FISCAL IMPACT: The amount will be determined by the lease or sale terms set by the Board.
CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan
RECOMMENDATIONS/OPTIONS: Approve entering into an Exclusive Listing Agreement
for SaR or Lease for Commercial Property for 211 East Ocean Avenue with Prakas & Co.
Vivian L. Brooks, Executive Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meetings\November 20141Prakas Agreement 211 rev from oct mtg.doc
Florida's Premier Restaurant Broker
II NW 1" Court
1-40CA RATON, FLORIDA
368-0003
wI Doom 8 a[$]
THIS AGREEMENT GIVES DMP BROKERS INC., d/b/a PRAKAS & CO (herein after "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 BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (herein after "OWNER"), OR ON THE PROCUREMENT OF A READY,
WILLING AND ABLE PURCHASER OR LESSEE ACCORDING TO TERMS HEREOF AND
ACCEPTABLE AND AGREED TO BY THE OWNER.
in consideration of the services of Broker, Owner exclusively lists with Broker for a period commencing
November 12, 2014 and terminating at midnight February 10 , 2015 the following property, 211 E. Ocean
Avenue, Boynton Beach, FL 33435 (herein after 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. Broker shall be responsible to obtain documents from potential
Lessees/Buyers evident compliance with the requirements of Exhibit "A" 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 Broker in securing an offer to purchase or lease the Property, Owner
agrees, as seller or lessor, to pay a professional service fee to Broker as follows:
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 the 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
fall term of the initial lease or five thousand dollars ($5,000.00) whichever is greater. If the lease is co -brokered
the commission shall be 6% of the base lease rental amount for the full term of the initial lease.
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
00408933-1
otherwise provided in this agreement. Minimum commission payable to Broker is ten thousand dollars
($10,000.00).
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 six (6) months 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 Federal Investment in Real
Property Tax Act "FIRPTA" (Internal Revenue Code Section 1445).
(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.
00408933-1 2
(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 crrors.
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 who meets the requirements set forth in Exhibit
"A," 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 (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.
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.
00408933-1 3
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.
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
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
00408933-1 4
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)
00408933-1
OWNER:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
1C e
DMP BROKERS. d/b/a PRAKAS & CO.
0
Charles C. Prakas
EXHIBIT "A" LIST DATE: 11/12/14 EXPIRE DATE: 2/10/15
Sole Type of Businesses Solicited by Owner: Restaurant and/or Bar.
Ineligible Type(s) of Business: Firearms Sales, Convenience Stores, Religious Affiliated Retail Stores,
Churches, Non-profit agencies, Tattoo Shops/Body Piercing/Body Art Shops, Financial Services, Take-
out Foods, Adult Entertainment, Liquor Stores, Vapor Cigarette, Electronic Cigarette, E Cigarette, Kava
Tea Bars, Medical Marijuana -Pain Management Clinics, or any similar business or facility.
Desired Days of Operation: 4pm – 12pm, Monday through Sunday or additional hours of operation if
approved by Owner.
Parties interested in submitting an offer to lease or purchase must provide:
• Proof of current or prior ownership and/or operation of business being proposed.
• A detailed description of all prior or currently owned or operated restaurant and/or bar establishments.
• A detailed description of the proposed business use, overall concept, products or services, and hours of
operation.
• Three references from vendors that supply(ied) goods or services to the current or prior restaurant and/or
bar operated by the proposer.
• Evidence of the financial capacity of proposer to fulfill the obligation to either lease or purchase the
property and financially support the ongoing use of the property.
Legal Description of Property & Property Address: 211 East Ocean Avenue, Boynton Beach, FL 33435
- Lots 13 & 14, Blk 4, Original Town of Boynton, Plat Book 1, Page 23, Palm Beach County
Name of Corporation: Boynton Beach Community Redevelopment Agency (Boynton Beach CRA)
Name of owner: Boynton Beach CRA
Contact person: Michael Simon
Business Address: 710 N. Federal Highway, Boynton Beach, FL 33435
Bus. Phone: 561-737-3256 Cell: 561-706-6657
Fax: 561-737-3258 E-mail: si o (7a bfl.us
Sale: Business Licenses: Assets: Property:_X_ Lease:_X_
Assets Included In Sale: Furnishings / Fixtures & Equipment- See Exhibit "B"—N/A—
Purchase/
B"N/A,y
Purchase/ SALE Price: _TSD_ Down Payment: _ TBD_
Gross Sales: NIA Owner's Comp: Year N/A
Square Feet (SPACE):_1736_ Seating: TBD - Based on conceptual drawings; seating for up to 112,
garden seating for up to 44, for a total seating count of 156 LOT SIZE: _0.3154_ Parking: Public Parking
located on 1St Ave & 1st St with lighted public walkway next to the property.
Lease Rate: $ Per Mo. TBD Gross: / NNN: TBD
00408945-1
Terms / Years: t 1 -TBD
-
Real Estate Taxes: _$5,693 (annual) TBD_ Insurance: -TBD-CAM: _TBD_
Basic Expense Items: Electric: _X -FPL _ Gas: _X -Florida Public Utilities _ Water: -X-City of Boynton
Beach _ Waste: X- City of Boynton Beach _ Other:
Lease/Deed/Franchise Restrictions/Exclusives: Deed restriction on tearing building down or resale
without Owner's approval and consent.
Advertising 1 Property Signs: Yes, in front of building
Showing Instructions: Will provide key and alarm code.
Comments: None
Directions: I-95 to Boynton Beach Blvd. (Exit 57) East to Seacrest Blvd.; South on Seacrest; East on
Ocean Avenue (which is 2"d left off Seacrest); 211 is on the North side after stop sign at NE V Avenue.
Date Listing AgentDate
00408945-1
Meeting Minutes
Commun ' ity Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
the demand for contractors. The funding was stacked $75K for the first four years and
then it decreased as reflected in the meeting materials.
B. Consideration of Entering into an Exclusive Listing Agreement with th-.
Firm of Prakas & Co. for the CRA Owned Property at 480 E. Ocean
Avenue
ff1s. Brooks explained this unique, CRA -owned property is a historic property that is not
on a major thoroughfare. There is a grease trap inside the building, but no hood. Staff
had issued two RFPs and only received two responses each time. She did not think
two responses were representative of the broader range and type of business that could
be located there. Puffing a sign on the property would not accomplish anything and
having ads in different publications was not reaching the core group needed. Mr.
Prakas has done a lot of work in Palm Beach County and Delray B-
#! !
e
ould be for 90 days, concurrent with the RFPs. The properties were key
properties and Ms. Brooks noted there was not a lot of retail space on Ocean Avenue.
Therefore, it was important to have the right concept and operators. Using a
professional in this instance was worth the money as restaurants were not something
staff was familiar with.
As to the fee, there is a flat fee of $1 OK. If there is no concept that is financially viable,
nR payment would be made. Chair Taylor expressed concern if Mr. Prakas brings in
someone and the CRA does not like the concept. Ms. Brooks responded a list of items
that would not be acceptable should be included in the listing agreement.
Mike Simon, Assistant Director, explained it is within an owner's right to determine a
realtor is not entitled to any compensation or commission if the owner does not agree
with a prospective tenant or sign a document, A fee is not generated by bringing
someone to the table and leaving the deal,
Vice Chair Casello read the language in the document and stated the agreement was
terrible. Mr. Simon explained a consultant's agreement could be negotiated and every
agreement has elements that are very commonly negotiated,
if
Meeting minutGs
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Ms. Brooks explained Exhibit A had to be completed and would indicate what would be
included or excluded. Mr. Merker agreed this was a specialty area, and the CRA should
define what it wants and does not want. A time frame has to be speced.
Mr. Fitzpatrick noted the contract provided was Mr. Prakas' contract and inquired if the
CRA writes its own contract. Ms. Brooks explained the document was Mr. Prakas'
contract and it could be changed. She had already removed a lot from it. Mr. Buchanan
favored using a consultant.
The individual would bring a proposal to Mr. Prakas as their contact, Under the RFP,
the cone Of silence would apply to staff and the Board, Mr- Buchanan commented if the
CRA wants a restaurant, and a restaurateur is brought before the Board and sells one
product, the way the agreement was written, the CRA would have to accept the tenant
Mr. Prakas brought forth and Mr. Prakas would receive a Commission.
Mr. Spillias clarified the way the documents are set up, there was no connectior
between the RFP and the consultant's agreement, although it was anticipated Mr.
Prakas would assist the CRA in the RFP process. It should be tied together. Mr. Prakas
knows individuals he could encourage through the RFP, but the BRA would make the
ultimate decision. If Mr. Prakas does so, there is nothing wrong with having an
agreement that he would receive a commission. However, Attorney Spillias commented
a 30 -day letter may not be sufficient due to having to provide notice. When the RFP is
issued, interested parties have to go through Mr. Prakas. Mr. Prakas would also make
the presentations and the rankings.
Tom Prakas, President and Broker of Prakas & Co., understood the Board's
concerns. He explained if he brings someone to the Board during the 30 -day period, he
would be paid. He was amenable if the length of the agreement was changed too. His
firm has brokered or leased/sold over 450 restaurants over the last 12 years and he
would like to bring his firm to Boynton Beach and lease or sell properties for the Board.
Ms. Brooks can convey the Board's concerns and terms to him and he did not anticipate
any issues as long as the terms and concerns were realistic. He had already reduced
his commission. His firm added 30 of the 36 restaurants in Delray Beach. He was
agreeable to just bringing bars or restaurants and would not force anyone into entering
intR a lease.
1-3 oil I Itm�il f -MMRVA
Mr. Fitzpatrick inquired about the status of the Little House and learned it was vacarn
and not free and clear of lease issues.
IN,
Meoting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Emily Rollins, 519 NW 8h Avenue, was very familiar with the business and
commented it was important to place someone at the location that can succeed. Shi;
suggested having a consulting fee with Mr. Prakas for one or two years. She had no
relationship with Mr. Prakas.
Victoria Castello explained she was a licensed real estate broker, and she wanted the
Little House to succeed. She paid the rent for Ms. Benoit for October which was
deposited as rent. Ms. Castello's attorney was out of town and she inquired if M&
Benoit was in default.
Attorney Spillias explained she was in default and had a few days to cure the matter.
a -1
The premises were vacant and she removed items from the premises which w s nol
permitted. Renovations without the CRA's permission are not allowed. Ms. Benoit was
notified by letter and could respond. Additionally, Ms. Benoit had sent a letter indicating
she was vacating. Ms. Castello explained she was a taxpayer and the CRA was signing
ihe property as an exclusive listing. She inquired if the property was in default. Ms.
Castello contended it was not. Attorney Spillias clarified she was in default for different
'reasons, and non-payment of rent was not one of them.
'Tice Chair Casello inquired why staff would accept a check from a third party. Attorney
Spillias explained a check coming from a third party is of no issue as anyone can pay
someone's rent. The letter from Ms. Benoit initially made it clear she was leaving at the
end of September. At that point in time, it could be construed as anticipatory breach of
the contract, which means the individual states they are not moving forward with the
contract. Then the rent check was tendered. An email was received from Ms. Benoit
indicating the rent was for September. The CRA then learned Ms. Benoit removed
items from the facility, the doors were locked, and it was not run as a restaurant. All
those items were a breach of contract. At that point, the CRA declared a breach, and
Ms. Benoit was given a certain amount of time to cure the breach, which was by
October 21, 2014. On that date, the fixtures were to be put back in, the restaurant be
operational and the rent and insurance be current, Otherwise, it is a default that has not
been cured and the CRA couls terminate the lease.
Mr. Buchanan did not think a motion was needed and thought staff should be giver.
direction to move forward to develop an agreement the Board would approve that tie!#-'
LOgether the RFP and contract.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
0. 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
EConsideration of Issuing a Request for Proposals for CRA Owned Property
at 211 E. Ocean Avenue
XV. Fiuture Agenda Items:
XVI. Adjournment
There being no further business to discuss, Chair Taylor adjourned the meeting at 8:38
p.m.
rCatherine Cherry
Minutes Speciafist
141022
19
is
ON
� B! I E, An, C H C R A
CRA BOA" MEETING OF** November 12, 2014 —Deferred 10/14/14
Consent Agenda OldBusiness X j 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: At the October 14, 2014 CRA Board Meeting the CRA Board deferred/tabled this
item. See attached minutes as to the CRA Board direction.
FISCAL IMPACT: NIA
CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan
RECOMMENDATIONS/OPTIONS: CRA staff is recommending the withdrawal of this item
in favor of above agenda item XIV. New Business: A. Consideration of Entering into an Exclusive
Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 480 E. Ocean
Avenue.
Vivian Brooks
Executive Director
Moeting Minutes
Communlity Redevelopment Agency Board
Boynton
each, Florida October 14, 2014
the demand for contractors. The funding was stacked $75K for the first four years ant,
then it decreased as reflected in the meeting materials.
am
W=#
Consideration of Entering into an Exclusive Listing Agreement with thm
Firm of Prakas & Go. for the CRA Owned Property at 480 E. Ocean
Avenue
Ms. Brooks explained this unique, CRA -owned property is a historic property that is not
on a major thoroughfare. There is a grease trap inside the building, but no hood. Staff
had issued two RFPs and only received two responses each time. She did not think
two responses were representative of the broader range and type of business that could
be located there. Putting a sign on the property would not accomplish anything and
having ads in different publications was not reaching the core group needed. Mr.
Prakas has done a lot of work in Palm Beach County and Delray Beach with restaurants
and bars. He purchased a liquor license on South Federal Highway which enabled the
strip club to be removed from the City. The CRA has worked with Mr. Prakas in the past
and was confident he could find tenants for both properties.
The listings would be for 90 days, concurrent with the RFPS- Fhe properties were key
properties and Ms. Brooks noted there was not a lot of retail space on Ocean Avenue.
Therefore, it was important to have the right concept and operators. Using a
professional in this instance was worth the money as restaurants were not something
staff was familiar with.
As to the fee, there is a flat fee of $10K. If there is no concept that is financially viable,
no payment would be made. Chair Taylor expressed concern if Mr. Prakas brings in
someone and the CRA does not like the concept. Ms. Brooks responded a list of items
that would not be acceptable should be included in the listing agreement.
Mike Simon, Assistant Director, explained it is within an owner's right to determine a
realtor is not entitled to any compensation or commission if the owner does not agret
with a prospective tenant or sign a document. A fee is not generated by bringing
someone to the table and leaving the deal.
Vice Chair Casello read the language in the document and stated the agreement was
terrible. Mr. Simon explained a consultant's agreement could be negotiated and every
agreement has elements that are very commonly negotiated.
Is
Meeting Minutes
Community Redevelopment Agency Board
Boynton -Beach, Florida October 14, 2014
Mary Louis, Boynton Beach, attended the meeting to present a restaurant business.
She has -a business established for 18 yeaFS in Lantana, On the advice of Attorney
Spillias, presentations should not be discussed until the RFP was issued.
Mr. Fitzpatrick inquired about the status of the Little House and learned it was vacant
and not free and clear of lease issues.
W
Meeting Minutes
Community Redevelopment Agency Board
Boynton
each, Florida October 14, 2014
- - - - -------------- -------- __
Emily Rollins, 619 NW 81h Avenue, was very familiar with the business and
commented it was important to place someone at the location that can succeed. She
suggested having a consulting fee with Mr, Prakas for one or two years. She had no
relationship with Mr. Prakas.
Victoria Castello explained she was a licensed real estate broker, and she wanted the
Little House to succeed. She paid the rent tor Ms. Benoit for October which was
deposited as rent. Ms. Castello's attorney was out of town and she inquired if Ms.
Benoit was in default.
Attorney Spillias explained she was in default and had a few days to cure the matter.
The premises were vacant and she removed items from the premises which was not
permitted, Renovations without the CRA's permission are not allowed. Ms, Benoit was
notified by letter and could respond. Additionally, Ms. Benoit had sent a letter indicating
Qhe was vacating. Ms. Castello explained she was a taxpayer and the GRA was signing
L 'he property as an exclusive listing. She inquired if the property was in default. Ms.
Castello contended it was not. Attorney Spillias clarified she was in default for different
reasons, and non-payment of rent was not one of them.
Vice Chair Casello inquired why staff would accept a check from a third party. Attorney
Spillias explained a check coming from a third party is of no issue as anyone can pay
someone's rent. The letter from Ms. Benoit initially made it clear she was leaving at the
end of September. At that point in time, it could be construed as anticipatory breach of
the contract, which means the individual states they are not moving forward with the
contract. Then the rent check was tendered, An email was received from Ms. Benoit
indicating the rent was for September. The CRA then learned Ms. Benoit removed
items from the facility, the doors were locked, and it was not run as a restaurant. All
those items were a breach of contract. At that point, the CRA declared a breach, and
Ms. Benoit was given a certain amount of time to cure the breach, which was by
October 21, 2014. On that date, the fixtures were to be put back in, the restaurant be
operational and the rent and insurance be current, Otherwise, it is a default that has not
been cured and the CRA couls terminate the lease.
Vice Chair Casello inquired how to proceed. Attorney Spillias suggested, based on th(;
discussion regarding the RFP and Mr. Prakas contract being tied together, that th-.
matter be deferred. The rent check will not be returned to Ms. Castello.
Mr. Buchanan did not think a motion was needed and thought staff should be given
direction to move forward to develop an agreement the Board would approve that tied
together the RFP and contract.
ip
Meeting Minutes
Communk Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
..... ..... ...... .............
25=
Vice Chair Casello, moved to defer the itern until they come up with the verifications that
are tied to the RFP. Mr. Hay seconded the motion.
Mr. Hay spoke about an issue that surfaced at the FRA conference regarding the RFP
responses. The CRA has not had a good response to the RFP, and at a meeting, a
comment was made the infrastructure was not in place. He requested Mr. Simon
explain why developers were not considering the CRA as seriously as they should.
Mr. Simon explained the development community felt RFPs written by cities and CRAs
were not inviting enough to actual and legitimate developers because of the conditions
and the amount of money that is spent putting the response together, only to learn the
Board is not interested in a project after they have spent a lot of money on a response.
This has occurred with CRA properties in the past. He requested the Board remember
there were RFPs they issued before that nothing occurred thereafter. The concern from
the public that the CRA is bringing in a commercial entity to review and be a part of this
was evidence there should be a third party involved in the process.
With the Little House, it appeared the CRA has been pitted against Ms. Benoit;
however, the CRA supported Ms. Benoit for many years with free rent and other items.
They had a great relationship with her and worked together to build the restaurant. Ms.
Benoit terminated her lease on her own. She was in the paper describing the fact she is
on a new adventure, and these were not things that were initiated by the CRA. Asking
her to leave was not part of the CRA's plan and, in fact, staff worked very hard to keep
her successful. Mr. Simon commented there are other elements the CRA could
,?Odress i
Chair Taylor expressed his concern there will be a vacant property. He thought there
was something that could be worked out and requested the CRA do so as quickly as
possible. Ms. Brooks suggested having a special CRA meeting.
Mr. McCray expressed his confidence in Ms. Brooks and Board Counsel, but thought
these issues should be worked out before the agreement comes to the Board. Mr.
Merker agreed with the Chair and thought in light of the letter received from Ms. Benoit,
she broke the lease. Chair Taylor requested the CRA review the 30 -day letter in
addon to the RFP.
IE
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Lill!! ll
C. Consideration of Entering into an Exclusive Listing Agreement with the
Firm of Prakas & Co. for the CRA Owned Property at 211 E. Ocean
Avezue
D. Consideration of Issuing a Request for Proposals for CRA Owneani
Property at 480 E. Ocean Avenue
EConsideration of Issuing a Request for Proposals for CRA Owned Property
at 211 E. Ocean Avenue
EM
XVI. Adjournment
There being no further business to discuss, it Taylor adjourned the meeting at 8.38
Pm.
"Catherine WCherry
Minutes Specialist
141022
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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 RFQlRFP is to attract a use 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. 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.
T:IAGENDAS. CONSENT AGENDAS, MONTHLY REPORT51Completed Agenda Item Request Forms by Meetng1FY 2014 - 2015 Board
MN!eeotingsNOMber 20141Cover RFP 480 E. Ocean.doe
asmBE ""CRA
A Cone of Silence shall be in effect for both CRA Board members and CRA staff after the deadline to
respond to the RFP/RFQ. 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
RECOMMENDATIONSIOPTIONS.* Approve issuing the attached RFQ/RFP
r
Vivian L. Brooks
Executive Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT&Completed Agenda Item Request Forms by MeetingWY 2014 - 2015 Board
MeetingslOctober 20141Cover RFP 480 E. Ooftn.doc
LEWIS
LONGMAN &
WALKER I PA.
T T T O N N L V$ A T L A W
Tara W. Duhy
tduhy@11w-1aw.wm
Reply To.-
West
o;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 longer,
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,
See Things Differently'
TAMPA BAY JACKSONVILLE TALLAHASSEE WEST PALM BEACH
101 Riverfrort Boulevard 245 Rivvrsida Avenue 315 South Calhoun Street 515 North Flagler Drive
Suite 620 Suite 150 Suite 830 Suite 1500
Bradenton, Florida 342D5 Jacksonville, Florida 32202 Tallahassee, Fforfda 32301 Wast F'alm Beach, Florida 33401
p1941-708.4040 • f1941-708-4024 p 1904-353-6410 • f 904-353-7619 p ja50.222.5702 0 fla50-224-9242 pj561.640.0820 • fE561-640-8202
00395a54-1 WWW, II W-Ia W, corn
Adventurous Palate, LLC
October 1, 2014
Page 2
Kindly govern yourself accordingly.
Sincerely, l
Tara W. Duhy
TWD/lb
Enclosure
cc: Vivian Brooks
Ken Spillias, Esq.
L15
�- LEWIS
LONGMAN &
WALKER j P.A.
1 1 T !1 F N L r l ti N
YO
Reply to; West Palm Beach
TO, Vivian Brooks, Executive Director
Michael Simon, Asst Executive Director
Susan Harris, Finance Director
Tara Duhy, Esq., Ass't General Counsel
FROM: Kenneth G. Spiliias, General Counsel
DATE: September 2, 2014
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
0038j952-2
p 1941-708-4040 a f 1941.708-4024
See Things Differently'
JACKSONVILLE
245 Rivorside Avenu6
Suite 150
Jacksonville, Florida 32202 1
p1904-353-6410 • f1904.353-7619
TALLAHASSEE
315 South Calhoun Street
Suite 930
Tallshaseee, Florida 323301
P 1850.222-5702 • f 1050-224-9242
www.ilw.law, corn
WEST PALM BEACH
515 North Flaglor Drive
Suite 1500
West Palm Beach, Florida 33441
p 1 561-640.0820 • f i 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.
. 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.
W3M3sz 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.
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, f=irst, 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 CltyPlace 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. Siscian 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.
003MB5z-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.
I believe this addresses the major issues presented by Ms. Benoit's email notification regarding
The Little Nouse. If you have any questions, or need any further information, please let me
know.
00864352.2 4
Brooks, Vivian
Chrissy Benoit <benoitchrissy@yahoo.com>
Sent: Monday, August 25, 2014 9:16 PM
Brooks, Vivian; Simon, Michael
Subject: The Little House
Hello Vivian,
I 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 I 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 fine 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
pat
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 comer 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.
1.
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).
I U F13 t""1" E� A7"1 F ilk S1 iB1"f
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
e. 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"
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-Corpr Corporate Tax Returns(if Applicable)
2. CONE, SILENCE
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
3. PROCESS
The CRA has engaged the firm of Prakas & Co. to review and rank the qualified
proposals based on the following criteria:
I . Completeness of business plan.
2. Business concept and how it will advance the redevelopment of the
downtown; i.e.; how is it diff=erent 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 torn c ErakascoinRan com or (561) 368-0003 who is the acting agent
for the CRA.
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CRA BOARD MEETING OF. November 12, 2014 — Deterred 10.14.14
1 Consent Agenda I f Old Business 1 X I New Business I I Legal I I Information Only
SUBJECT: Consideration of Issuing a Request for Qualifications and Proposals for CRA Owned
Property at 211 E. Ocean Avenue
SUMMARY: At the October 14, 2014 CRA Board Meeting the CRA Board deferred/tabled this
item. See attached minutes as to the CRA Board direction.
FISCAL IMPACT: NIA
CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan
RECOMMENDATIONSIOPTIONS: CRA staff is recommending the withdrawal of this item
in favor of above agenda item XIV. New Business: B. Consideration of Entering into an Exclusive
Listing Agreement with the Firm of Prakas & Co. for the CRA Owned Property at 211Ocean
Avenue.
Vivian Brooks
Executive Director
Meeting Minutes
Commun ' ity Redevelopment Agency it
Boynton
each, Florida October 14, 2014
1he demand for contractors. The funding was stacked $75K for the first four years and
then it decreased as reflected in the meeting materials.
M
Z-4. Consideration of Entering into an Exclusive Listing Agreement with
Firm of Prakas & Co, for the CRA Owned Property at 480 E. Ocean
Avesue
Ills. Brooks explained this unique, CRA -owned property is a historic property that is not
on a major thoroughfare. There is a grease trap inside the building, but no hood. Staff
had issued two RFPs and only received two responses each time. She did not think
two responses were representative of the broader range and type of business that could
be located there. Putting a sign on the property would not accomplish anything and
having ads in different publications was not reaching the core group needed. Mr.
Prakas has done a lot of work in Palm Beach County and Delray Beach with restaurants
and bars. He purchased a liquor license on South Federal Highway which enabled the
strip club to be removed from the City. The CRA has worked with Mr. Prakas in the past
and was confident he could find tenants for it properties.
The listings would be for 90 days, concurrent with the RFPs. The properties were key
properties and Ms. Brooks noted there was not a lot of retail space on Ocean Avenue.
Therefore, it was important to have the right concept and operators. Using a
professional in this instance was worth the money as restaurants were not something
staff was familiar with.
I IQ 614AWMI540-1 VAN MR
-0 WIN M I dil
Mike Simon, Assistant Director, explained it is within an owner's right to determine a
realtor is.not entitled to any compensation or commission if the owner does not agree
with a prospective tenant or sign a document. A fee is not generated by bringing
someone to the table and leaving the deal.
Vice Chair Casello read the language in the document and stated the agreement was
terrible. Mr. Simon explained a consultant's agreement could be negotiated and every
agreement has elements that are very commonly negotiated,
W
Meeting Minutes
Cominunity Redevelopment Agency Board
Boyn'ton-Beach, Florida October 14, 2014
Mary Louis, Boynton Beach, attended the meeting to present a restaurant business.
She has -a business established for 18 years in Lantana. On the advice of Attorney
Spillias, presentations should not be discussed until the RFP was issued.
Mr. Fitzpatrick inquired about the status of the Little House and learned it was vacant
P-nd not free and clear of lease issues,
M
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida October 14, 2014
Emily Rollins, 619 NW 8th Avenue, was very familiar with the business and
commented it was important to place someone at the location that can succeed. Sh(;
suggested having a consulting fee with Mr, Prakas for one or two years. She had no
relationship with Mr. Prakas.
Victoria Castello explained she was a licensed real estate broker, and she wanted the
Little House to succeed. She paid the rent for Ms. Benoit for October which was
deposited as rent. Ms. Castello's attorney was out of town and she inquired if Ms.
Benoit was in default.
Attomey Spillias explained she was in default and had a few days to cure the matter.
The premises were vacant and she removed items from the premises which was not
permitted. Renovations without the CRA's permission are not allowed. Ms. Benoit was
notified by iefter and could respond, Additionally, Ms. Benoit had sent a letter indicating
she was vacating. Me- Castello explained she was a taxpayer and the CRA was signing
the property as an exclusive listing. She inquired if the property was in default. Ms.
Castello contended it was not. Attorney Spillias clarified she was in default for different
reasons, and non-payment of rent was not one of them.
Vice Chair Casello inquired why staff would accept a check from a third party, Attorney
Spillias explained a check coming from a third party is of no issue as anyone can pay
someone's rent. The letter from Ms. Benoit initially made it clear she was leaving at the
end of September. At that point in time, it could be construed as anticipatory breach of
the contract, which means the individual states they are not moving forward with the
contract. Then the rent check was tendered. An email was received from Ms. Benoit
indicating the rent was for September. The CRA then learned Ms, Benoit removed
items from the facility, the doors were locked, and it was not run as a restaurant. All
those items were a breach of contract. At that point, the CRA declared a breach, and
Ms. Benoit was given a certain amount of time to cure the breach, which was by
October 21, 2014. On that date, the fixtures were to be put back in, the restaurant be
tperational and the rent and insurance be current. Otherwise, it is a default that has not
been cured and the GRA couls terminate the lease.
Tice ChaIr Casello inquired how to proceed. Attorney Spillias suggested, based on ft -
discussion regarding the RFP and Mr, Prakas contract being tied together, that t
matter be deferred. The rent check will not be returned to Ms. Castello. I
Mr. Buchanan did not think a motion was needed and thought staff should be giv(:.
direction to move forward to develop an agreement the Board would approve that ti
together the RFP and contract. I
IN
Meeting Minutes
Community Redevelopment AgiDncy Board
Boynton
each, Florida October 14, 2014
IZ=
Vice Chair Casello moved to defer the item until they come up with the verifications that
are tied to the RFP. Mr. Hay seconded the motion.
Mr. Hay spoke about an issue that surfaced at the FRA conference regarding the RFP
responses, The CRA has not had a good response to the RFP, and at a meeting, a
comment was made the infrastructure was not in place. He requested Mr. Simon
exU! lain why developers were not considering the CRA as seriously as they should.
Mr. Simon explained the development community felt RFPs written by cities and CRAs
were not inviting enough to actual and legitimate developers because of the conditions
and the amount of money that is spent putting the response together, only to learn the
Board is not interested in a project after they have spent a lot of money on a response.
This has occurred with CRA properties in the past. He requested the Board remember
there were RFPs they issued before that nothing occurred thereafter. The concem from
the public that the CRA is bringing in a commercial entity to review and be a part of this
was evidence there should be a third party involved in the process.
With the Little House, it appeared the CRA has been pitted against Ms. Benoit;
however, the CRA supported Ms. Benoit for many years with free rent and other items.
They had a great relationship with her and worked together to build the restaurant. Ms.
Benoit terminated her lease on her own. She was in the paper describing the fact she is
on a new adventure, and these were not things that were initiated by the GRA. Asking
her to leave was not part of the CRA's plan and, in fact, staff worked very hard to keep
her successful. Mr. Simon commented there are other elements the CRA could
address in the RFP that will be more beneficial.
Chair Taylor expressed his concern there will be a vacant property. He thought there
was something that could be worked out and requested the CRA do so as quickly as
possible. Ms. Brooks suggested having a special CRA meeting.
Mr. McCray expressed his confidence in Ms. Brooks and Board Counsel, but thoughl
these issues should be worked out before the agreement comes to the Board. Mr.
Merker agreed with the Chair and thought in light of the letter received from Ms. Benoit,
she broke the lease. Chair Taylor requested the CRA review the 30 -day letter in
addition to the RFP.
ITINIVIR elg I'll e 11 11111 1:
IV
Meeting li �
Community Redevelopment Agency Board
Boynton Beach, Florida
- -#
OceanC. Consideration of Entering into an Exclusive Listing Agreement with the
Firm of Prakas & Co. for the CRA Owned Property at 211 E.
Avenue
Consideration of Issuing a Request for Proposals for CRA Owned
Property 480 E, Ocean Avenue
AvenueEConsideration of Issuing a Request for Proposals for CRA Owned Property
at 211 E. Ocean
h ra�iS
There being no further business to discuss, Chair Taylor adjourned the meeting at 8:38
P.
7'
Catherine Che�rry
Minutes Specialist
141022
UP
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"iCRA
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i BL.
MEETINGCRA BOARD : October 1 4, 2014
SUBJECT: Consideration of Issuing a Request for Qualifications and Proposals for CRA Owned
Property at 211 E. Ocean Avenue
SUMMARY: At the August 7"' 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 RFP/RFQ. 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-
RECOMMENDATIONS/OPTIONS: Approve issuing the attached RFQIRFP
Vivian L. Brooks
Executive Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meatings\October 20141Cover RFP 211.doc
211 Renovation Grant
IMUMMIN1=1 I M,
i"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 � will serve as a c6talyst
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 back-kng to got the project done.
rYea e /- �f't"e.#i`sr-Yfr
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 comer 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.
1¢
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.
2. WIRED DOCUMENTATION FOR St' ° I T
Any proposal submitted without all required documentation will be refected 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
I. 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
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 he 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)
3. COTNE OF SILENCE
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 tom rakes n or (561) 368-0003 who is the acting agent
for the CRA.
BOARDCRA MEETING F: November 12, 2014
I� Consent Agenda I I Old Business 1X1 New Business I I Legal I I Information Only —1
SUBJECT: Consideration of Changing the Date for the 2014 Holiday Boat Parade.
SUMMARY: At the request of the CRA Board Chair, staff has brought forth this item to discuss the
consideration of changing the date for the CRA's 2014 Annual Holiday Boat Parade from Saturday December 13,
2014 to Friday, December 12, 2014.
As currently approved, the date and time of the CRA's 2014 Annual Holiday Boat Parade being held on Saturday
December 13, 2014 conflicts with the date and time of the City of Delray Beach's Annual Holiday Street Parade
also being held on Saturday December 13, 2014.
At the present time and for the past four to five years, the funding, planning and implementation of the Holiday
Boat Parade has been funded solely by the Boynton Beach CRA. After attempts to obtain shared financial and
staff assistance from the City of Delray Beach to partner with the event, CRA staff moved forward with the
presentation of the 2014-2015 Special Event calendar and funding request to the CRA Board as part of the 2014-
2015 Budget process. The CRA Board approved 2014-2015 Budget approval included funding for the Holiday
Boat Parade event in the amount of $12,000 and Saturday, December 13, 2014 as the date for the parade to be
held.
In light of the unresolved date conflict, CRA staff has revised the route of the 2014 Holiday Boat Parade to
terminate to the south at the George Bush Boulevard Bridge and return north concluding at the Boynton Beach
Inlet.
CRA staff would like to take this opportunity to remind the Board that statutorily CRA funding can only be spent
within the boundaries of the CRA District. However, if the City of Delray Beach were to contribute to the costs
of the event on a shared basis, a joint event could be considered by the CRA Board without comprising the
limitations of the agency.
FISCAL PACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision &
Master Plan, Boynton Harbor Marina Master Redevelopment Pian
Staff seeks Board Direction.
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meetings%November 20141Regstd date change for the 2014 Holiday boat parade.doc
Ocean Avenue
Ocean Avenue
PARADE
HOLIDAY BOAT PARADE
Boynton Harbor Manna
MUSIC THE ROCKCONCERTS
Ocean Avenue Amphitheatre
� (O1f i l- O f ,
JJ f
FY2014-2015 ❑❑
Saturday, May 9, 2015 $12,500
Saturday & Sunday October 25 & 26, 2014 $,125,000
Friday, December 5, 2014
Saturday, April 18, i15 $6F500
October 012014*Decembor
t 1[,
12, 2014sJanuary 2, 2015 *February 6, 2015 sMarch
a pril 3, 2015 .1, 2015*June 5, 2015
eThursday October , l 8,
2014eJanuary 15, • ; • 4#
9,2015 *April 16,!15 Way 21, 2015sJune 18, 2015
77OTAL COST OF $321,000
sm
HOLIDAY
BOAT PARADE
December
ems,b, i, 1
AMOUNT
DESCRIPTION
CATEGORY
SUB -TOTAL
200.00
PHOTOGRAPHER
Marketing
470.00
TSHIRTS
Marketing
POSTERS, POSTCARDS, UTILITY BILL
INSERTS, EVENT ADS, SIGNAGE, DESIGN OF
3,050.00
PRINTED COLLATERAL AND BILLBOARDS
Marketing
$ 3,720.00
$
408.10
WINNER PLAQUES
Awards
$
283.50
AWARDS PRESENTATION
Awards
500.00
AWARDS - PRIZE
Awards
$
300.00
AWARDS - PRIZE
Awards
$
300.00
AWARDS - PRIZE
Awards
$
200.00
AWARDS - PRIZE o
Awards
$
500.00
AWARDS - PRIZE
Awards
$
300.00
AWARDS - PRIZE
Awards
$
200.00
AWARDS - PRIZE
Awards
$
500.00
AWARDS - PRIZE
Awards
500.00
AWARDS - PRIZE
Awards
300.00
AWARDS - PRIZE
Awards
200.00
AWARDS - PRIZE
Awards
$ 4,491.60
$
200.00
SANTA
Entertainment
400.00
BALLOON ARTIST
Entertainment
$
425.00
FACE PAINTER
Entertainment
$ 1,025.00
$
330.00
PORT -A -POTTIES
Sanitation
$ 330.00
$
198.00
POLICE
Security
$
350.00
Police
Security
$ 548.00
$
646.60
BLEACHERS
Staging
$
942.50
STAGE, TENTS, TABLES AND CHAIRS
Staging
$
545.20
2 LIGHT TOWERS
Staging
$ 2,134.30
$
(500.00) Sponsorship
Sponsorship
$ (500.00)
$ 11,748.90
From:Zimmermann, m
Zimmermann, Amy
Sent-• Monday, July 28, 2014 4:31 PM
® 'daviss@mydeiraybeach.com'
Subject- 2014 Holiday Boat Parade
Hello Suzanne,
I wanted to introduce myself to you and touch base regarding this year's boat parade.
I started with the CRA last year in late October and quickly had to organize the holiday events, including the boat parade.
At that time I reached out to a few contact for Delray that I found in my predecessor's contacts and I didn't hear back
from anyone. I wanted to try reaching out again for this year's event and I was given your name as the contact for Delray
events.
We are currently in the process of putting together the preliminary details for the boat parade and have surveyed last
year's participating captains as well as some that were unable to participate, due to scheduling conflicts. Based on the
feedback we received, the CRA decided to move the boat parade to a Saturday in hopes of recruiting more boats. We
have tentatively marked 12/13 for the boat parade date. I just heard from our Asst. Executive Director, Mike Simon, that
Delray is holding the street parade that same night, which could potentially pose a conflict with scheduling your
participation as well as bridge closure issues.
When you have a moment, could we schedule some time to chat? Let me know your availability.
Thanks and I look forward to hearing from you,
Amy Zimmermann
Amy Zimmermann, MarketinglEvents/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Ftorida 33435
o: 561-600-9097 1 f: 569-737-3258
Zinlrnt annA d,bbflm� I yr .catchbo nton.con1
"i l
Like us on Nwebook
America's teway to the Gulfstream
The information contained in this transmission maybe legally privileged and confidential. It is intended only for the use of the recipient(s) named above. if the reader of this
message is not the intended recipient you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. 1f you have received this communication in error, please notify the sender immediately by reply email and delete the message and oil copies
of it.
Zimmermann,
F
Zimmermann, Amy
Sent:
Thursday, August 14, 2014 2:55 PM
To:
Simon, Michael; Brooks, Vivian
Subject:
Fwd: 2014 Holiday Boat Parade
Attachments:
image001 jpg;—WRD000 jpg
I just heard back from Delray. Can you confirm if either of the days and times she mentions below will work with both of
your schedules?
Sent from my Whone
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. J Boynton Beach, Florida 33435
o: 561-600-9097 1 f: 561-737-3258
Z12211S1ei`Ina (qii i,f1 us 1
www-c chn n.como
y°�4'
w,
Like als on Facebook 91
The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. 1f the reader of this
message is not the intended recipient you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies
Of it.
Begin forwarded message:
From: "Beldowicz, Donna" <beldowicz m, d,elraybeach car >
Date: August 14, 2014 at 2:43:05 PM EDT
To: "'Zimmermann, Amy... <ZiminermannAnbbf€.us>
Subject: RE: 2014 Holiday Boat Parade
R, s. #EN R 1 M - 0 #. ! 1
From:8 Alm
1
Friday,August
To: Beldowicz,Donna
Hello Donna,
i wanted to follow up with you to see if you had some available times for a meetinf to discuss the
Holiday Boat Parade. Let me know what days and times may work and I will coordinate with Mike and
Vivien.
Thanks,
Amy
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 If 561-737-3258
&w �.nn-a i ll.u; I www.catchboy!A.()n.co.m
F7777
L -
America's Gateway to the Gulfstream
The information contained in this transmission may be legally privileged and confidential. It is
intended only for the use of the recipient(s) named above. If the reader of this message is not
the intended recipient, you are hereby notified that you received this communication in error,
and that any dissemination, distribution, or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by reply
email and delete the message and all copies of it.
From: Zimmermann, Amy
Sent: Wednesday, August 06, 2014 2:13 PM
To: 'Beldowicz@ci.deiray- e ch.fl. s`
Cc: Simon, Michael; Brooks, Vivian; 'davis r delraybeach.corn,
Subject: 2014 Holiday Boat Parade
Hi Donna,
In response to our earlier telephone conversation today regarding the Holiday Boat Parade, ihad the
opportunity to speak briefly with our Asst. Director, Mike Simon, regarding the current date of the
event. Although the date appears to be in conflict with Delray's Holiday Street Parade, the larger issue to
be discussed is that the Boynton Beach CRA and the City of Boynton Beach for many years has been the
sole entity for funding, planning and administering the parade. The overriding concern is that the
Boynton Beach Holiday Boat Parade crosses our City boundaries for which the CRA and the City of
Boynton Beach has a concern. Mike and Vivian would like to set a meeting with you, Suzanne and any
other City staff you feel appropriate to be involved in the discussion.
Please let me know what day and time options you have available for all parties to meet. i will then
check that against Mike and Vivian's schedules to confirm.
Thanks,
Amy
Zimmermann,
From: Zimmermann, Amy
Sent: Thursday, August 14, 2014 4:25 PM
Beldowicz, Donna
Subject: Re: 2014 Holiday Boat Parade
Hi Donna,
Wednesday at i pm works best for us. Let me know if you sill be calling us or if we are calling in somewhere.
Thanks,
Amy
Sent from my iPhone
On Aug 14, 2014, at 2:44 PM, "Beldowicz, Donna" <,heldowicz m delra l each.corn> wrote:
r
ipw,q Zi air rrg,
Suzanne Davis on either Tuesday, August 191h at 2:00 p.m. or Wednesday, August 2 01h at 1:00 p.m.?
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 f: 561-737-3258
zimm .L&i)�� us cat�l
.__ €o�i.cor
The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this
message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies
of it.
From:
Friday,August 08, 2014 11:58 AM
To: # / Donna
Simon,Brooks, Davis,
Subject: RE: 2014
Holiday i/.Parade
Hello Donna,
I wanted to follow up with you to see if you had some available times for a meeting to discuss the
Holiday Boat Parade. Let me know what days anti times may work and I will coordinate with Mike and
Vivian.
Thanks,
Amy
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 � f.- 561-737-3258
��nner � fl -u j v =al l:l . tot�nc n
America Is Gateway to the Gulfstream
The information contained in this transmission may be legally privileged and confidential. It is
intended only for the use of the recipient(s) named above. if the reader of this message is not
the intended recipient, you are hereby notified that you received this communication in error,
and that any dissemination, distribution, or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by reply
email and delete the message and all copies of it.
From: Zimmermann, Amy
Sent: Wednesday, August 06, 2014 2:13 PM
To: 'Beidowi ci. elrav-beach.d,us'
Cc: Simon, Michael; Brooks, Vivian; 'davissCcn clelraybeach.com'
Subject: 2014 Holiday Boat Parade
Hi Donna,
In response to our earlier telephone conversation today regarding the Holiday Boat Parade, I had the
opportunity to speak briefly with our Asst. Director, Mike Simon, regarding the current date of the
event. Although the date appears to be in conflict with Delray's Holiday Street Parade, the larger issue to
be discussed is that the Boynton Beach CRA and the City of Boynton Beach for many years has been the
sole entity for funding, planning and administering the parade. The overriding concern is that the
Boynton Beach Holiday Boat Parade crosses our City boundaries for which the CRA and the City of
Boynton Beach has a concern. Mike and Vivian would like to set a meeting with you, Suzanne and any
other City staff you feel appropriate to be involved in the discussion.
Please let me know what day and time options you have available for all parties to meet. I will then
check that against Mike and Vivian's schedules to confirm.
Thanks,
Amy
Zimmermann,
From: Simon, Michael
Sent: Wednesday, August 20, 2014 5:07 PM
• 'daviss@mydelraybeach.com'
Cc: 'beldowicz@mydelraybeach.com; Brooks, Vivian; Zimmermann, Amy
Subject: 2014 Holiday Boat Parade
Hello Suzanne:
I wanted to thank you and Donna for taking the time to speak with us today regarding some of the issues concerning the
Boynton Beach CRA surrounding the 2014 Boynton Beach Holiday Parade. We can appreciate the fact that you are new
to the City of Delray and congratulate your position as the Parks & Recreation Director and unfamiliar with all the details
of this event.
As we discussed, Amy will provide you and Donna with past collateral, recap videos, event funding breakdowns and
identify the costs that the BBCRA would be asking the City of Delray to consider sharing a part of the event funding and
City's partnership.
The annual boat parade has been a great event enjoyed by residents and business owners of both cities for years. We
certainly want to make every effort to work out a beneficial solution in order to include Delray as part of the 2014
Boynton Beach Holiday Boat Parade's route.
Thank you again and we look forward to speaking with you soon.
Michael Simon, Assistant Director
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9091 1 f: 561-737-3258
Ss llllo I www.catchbgynton.com
BOYNT'ORA
on FaCebook 91
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message is not the intended recipient you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
of it.
communication is strictly prohibited. if you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies
Am
Zimmermann,
Hello Suzanne and Donna,
It was a pleasure speaking with you last week. As mentioned, I'm forwarding along to you the cost breakdown from last
year's event along with some of the marketing collateral. Also, Below are links to our Facebook album from the Boat
Parade as well as a link to the parade video on YouTube.
Please confirm receipt of this email and let me know if you have any questions or trouble opening any of the
attachments.
I look forward to hearing back from you.
Thanks,
Amy
Captain's Meeting: $218.00
Commemorative T-shirts: $470.00
Award Plaques: $408.10
Award Checks: $3,800.00
Award Happy Hour: $283.50
Estimated Marketing: $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets)
htt s: wwwm outu e.com watch v- m l Ss & index= A fist= Pt.EOCPVi rnCP -)y
Od w2uP ciO eZfu
'l�tt:0w w.facebcaok com/u�_���'se :set-aP0118583fz0543f�.10734t31.3233303355t e=3
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 f: 561-737-3258
Like tis oil Face book
America's Gateway to the Gulfstream
The information contained in this transmission may be legally privileged and confidential, It is intended only for the use of the recipient(s) named above, if the reader of this
message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. !f you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies
of it.
Zimmermann,
From-,
Zimmermann, Amy
Sent:
Friday, September 05, 2014 11:57 AM
-
Brooks, Vivian
Subject:
RE: Boat Patade
Suzanne was out of the office last week. I received a response from her this week on Wednesday where she cc'd me on
an email to Terrance Stewart, City Manager, and Francine Ramaglia, Asst City Manager. This is what she wrote:
Mr. Stewart —
Attached below is the email from the Boynton CRA regarding the 2013 Holiday Boat Parade. They are asking the City of
Delray to assist with funding the parade. Currently the boat parade is scheduled on the same day and at the same time
as the Delray Holiday Parade (Saturday December 13). After speaking with PD, they are concerned that we will not have
enough police resources to handle both parades at the same time. The Delray Holiday Parade is labor intensive for both
Parks & Recreation and Police. The Boynton CRA is willing to change the date of the boat parade if the City of Delray
commits to assist with the event. If we are not able or willing to assist, then the parade will proceed on December 131h
and end before the bridge at George Bush Blvd. Please let me know how you wish to proceed with this issue. Parks &
Recreation did not budget to assist with the boat parade, as we were unaware of this request at the time budgets were
being prepared. If it is the desire of the Commission to partner with the Boynton CRA for this event in the future, we will
include this as part of our yearly budget request.
Thanks
shared the following info with her and asked for a decision by end of September in order for us to meet all marketing
deadlines:
Captain's Meeting. $218.00
Commemorative T-shirts: $470.00
Award Plaques: $408.10
Award Checks: $3,800.00
Award Happy Hour: $283.50
Estimated Marketing: $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets)
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-90971 f: 561-737-3258
innlmeraniangiK,Iwwwxatchbo n onmcorn
S Yi
:�.RA
1i:l
Like gas �
fi 4TY
The info;. -nation contained in this transmission may be legally privileged and confidential. It is intended onlyfor the use of'the recipient(s) named above. If the reader ofthis
message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. Ifyou have received this communication in error, please note the sender immediately by reply email and delete the message and all copies
of it.
From: Brooks, Vivian
Sent: Friday, September 05, 2014 11:16 AM
To: Zimmermann, Amy
Subject., Boat Patade
Hi Amy, any word back from Delray? Did you give them a deadline to respond? Thanks.
Vivian Brooks, Executive Director
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy, I Boynton Beach, Florida 33435
o: 561-600-9090 p f: 561-737-3258
tax ofI.us r` wwYccatchbo
BOYS " RA
..
Like uo ort Faoebook
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message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. Ifyou have received this communication in error, please notes the sender immediately by reply email and delete the message and all copies
of it.
Zimmermann, A
Hello Suzanne and Donna,
Zimmermann, Amy
Wednesday, September 10, 2014 12:32 PM
'Davis, Suzanne'
'Beldowicz, Donna'
RE: Holiday Boat Parade
I just wanted to follow up with you to see if you received any feedback from this email sent to Mr. Stewart and Ms.
Ramaglia. We have received many calls from residents from Boynton and Delray inquiring about the date and we have
informed them there is a chance of a date change of the event so we'd get back to them. We are also planning our
marketing strategy for the Holidays and will need to solidify it by the end of September to meet our deadlines.
Let me know if you need any additional information from me or have any questions.
Thanks,
Amy
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 l f: 561-737-3258
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message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. 1f you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies
Of it.
From: Davis, Suzanne[mailto:daviss@mydelraybeach.com]
Sent: Wednesday, September 03, 2014 3:21 PM
To: Stewart, Terrance
Cc: Ramaglia, Francine
Subject: FW: Holiday Boat Parade
Attached below is the email from the Boynton CRA regarding the 2013 Holiday Boat Parade. They are asking the City of
Delray to r. .r' Parks & ���� :�- -�' •�- �M
Recreationas the Delray Holiday Parade (Saturday December 13). After speaking with PD, they are concerned that we will not have
enough police resources to handle both parades at the same time. The Delray Holiday Parade is labor intensive for both
} Police, The Boynton '8 is willing to change the date of the boat parade of
commits to assist with the event. If we are not able or willing to assist, then the parade will proceed on December 13th
and end before the bridge at George Bush Blvd. Please let me know how you wish to proceed with this issue. Parks &
Recreation did not budget to assist with the boat parade, as we were unaware of this request at the time budgets were
being prepared. If it is the desire of the Commission to partner with the Boynton CRA for this event in the future, we will
include this as part of our yearly budget request.
Thanks
Suzanne F. Davis, CPRP
Director
City of Delray Parks & Recreation
50 NW 1st Street
Delray Beach, FL 33444
561-243-7250
t.A A, W Ai:H
Parks 6 Recreation
Vie he r n LSurnrner Activities Guide Inline
From. Zimmermann, Amy [rr:aiito: imrnermannAC b i.us]
Sent: Thursday, August 28, 2014 4:18 PM
To: Davis, Suzanne; Beldowicz, Donna
Subject: Holiday Boat Parade
Hello Suzanne and Donna,
It was a pleasure speaking with you last week. As mentioned, I'm forwarding along to you the cost breakdown from last
year's event along with some of the marketing collateral. Also, Below are links to our Facebook album from the Boat
Parade as well as a link to the parade video on YouTube.
Please confirm receipt of this email and let me know if you have any questions or trouble opening any of the
attachments.
I look forward to hearing back from you.
Thanks,
Amy
Captain's Meeting: $218.00
Commemorative T-shirts: $470.00
Award Plaques: $408.10
Award Checks: $3,800.00
Award Happy Hour: $283.50
Estimated Marketing., $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets)
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Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 1 f: 561-737-3258
L tRA
Like Uri on FarmboOy
America's Gateway to the Gulfstream
The information contained in this transmission may be legally privileged and confidential. it is intended only for
the use of the recipient(s) named above. if the reader of this message is not the intended recipient, you are
hereby notified that you received this communication in error, and that any dissemination, distribution, or
copying of this communication is strictly prohibited. If you have received this communication in error, please
notify the sender immediately by reply email and delete the message and all copies of it.
From:Zimmermann, m
Zimmermann, Amy
Sent: Tuesday, October 14, 2014 2:56 PM
'Beldowicz, Donna'; 'Davis, Suzanne'
Cc: Brooks, Vivian; Simon, Michael
Subject: RE: Boat Parade
Hello Donna and Suzanne,
In reference to your questions regarding; the boat parade, here are the answers:
Yes, the basin at George Bush bridge is sufficient to accommodate the boat traffic
34 boats participated last year
6 of those were Delray residents
Thank you,
Amy
Amy Zimmermann, Marketing/Events/Economic Development Assistant
Boynton Beach Community Redevelopment Agency
710 N. Federal Hwy. I Boynton Beach, Florida 33435
o: 561-600-9097 1 f: 561-737-3258
Zjmnien-n nriA.Q,bbfi,�L& IgvNv .catchpbpo
EyNWT9.CRA
Like us ea Face bwk K)
The information contained in this transmission maybe legally privileged and confidential It is intended only for the use of the recipient(s) named above. If the reader of this
message is not the intended recipient you ore hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notes the sender immediately by reply email and delete the message and all copies
of it.
From. Beldowicz, Donna [ ailto:beldowicz el[a each.com]
Sent: Monday, October 13, 2014 10:05 AM
To: Zimmermann, Amy
Subject: RE: Boat Parade
Importance: High
Amy,
One of our commissioners has a few questions about the boat parade:
Is the turnaround basin at the George Bush bridge sufficient to accommodate the boat traffic?
How many boats participated in last year's parade?
a, How many of those were Delray Boats?
Thank you for your help,
Donna
Donna Befdowicz
Administrative Services Coordinator
City of Delray Beach
50 NW 1st Avenue
Delray Beach, FL 33444
561-243-7011(Office)
561-243-7268 (Fax)
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PUBLIC RECORDS NOTE. Florida has it very broad public records law. Most written communications to or from lo
upon request. Your e-mail communications may therefore be subject to public disclosure.
CRA BOARD MEETING OF: November 12,2014
Consent Agenda Old Business IX New Business I I Legal I I Information Only
SUBJECT: Phase I Ocean Ave. District Banner Project & Phase II Marina District Banner Project
SUMMARY: The CRA received proposals from banner companies for the production and
installation of Phase I Ocean Ave. District and Phase II Marina District banners. The banners will be
produced and installed by Delray Finest Signs. The CRA worked with Woo Creative to design the
banners for these projects.
The Ocean Ave. District (Exhibit A) design incorporated the Catch Yourself in Boynton Beach tagline
and the water splash feature in two colors to be installed on Ocean Ave. west of Federal Hwy to Seacrest
Blvd. A "Welcome" way finding banner (Exhibit A) with the same theme will be installed on the corner
of Federal Hwy. and Ocean Ave.
The Marina banners (Exhibit B) were designed with each element of the Marina: Fishing, Diving,
Boating, Dining and the new Boynton Harbor Marina logo.
The banners were designed to raise the visibility of travelers along the major streets, to mark a
destination, and to add color to the City's streetscape.
FISCAL IMPACT: Project Fund 02-58400-445
Phase I -$8,179
Phase II - $8,602
Creative for all banners - $1,960
CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan
TIONSIOPTIONS: NIA
Tracy Smith -Co ey `
Marketing & Bu 'ness Development
C:lUserslharrissulAppDatalLccallMicrosoftlWindows\Temporary Internet FileslContent.Outlookl3WCCG7HPIBanner Projects Agenda
Item.docx
LEFT SIDE BANNER 1 Exhibit A
COLORS
LEFT SIDE BANNER 2
1
Offlimalvaulumlim
CRA BOANovember 0
Business s
SUBJECT: Consideration of Resolution No. 14-07 Supporting the County's Continued Membership
in Treasure Coast Regional Planning Council
SUMMARY: The Board of Palm Beach County Commissioners recently voted to change
membership from the Treasure Coast Regional Planning Council (TCRPC) to the South Florida
Regional Planning Council. This action will affect all of the municipalities and local agencies such as
the CRA. The CRA has had an excellent working relationship with TCRPC and TCRPC has in-depth
knowledge of the CRA area and issues. To start over with a new planning council would be a severe
disadvantage particularly since the City and CRA are in the midst of the Town Square project.
FISCAL IMPACT: NIA
COENDATIONSIOPTIONS: Approve Resolution CRA Ordinance No. 14-07
supporting the County's continued membership in the Treasure Coast Regional Planning Council.
Vivian L. Brooks
Executive Director
T :'v\GENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board
Meet!ngs\November 20141TCRPC Support Reso.doc
A RESOLUTION OF THE BOARD OF THE BOYNTON BEACH
COMMUNTIY REDEVELOPMENT AGENCY STRONGLY OBJECTING TO
RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF
COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY
FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND
TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL INSTEAD; AND STRONGLY SUPPORTING THE
COUNTY'S CONTIUNED MEMBERSHIP IN THE TREASURE COAST
REGIONAL PLANNING COUNCIL; PROVIDING FOR DISTRIBUTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Palm Beach County Board of County Commissioners (`BOCC")
recently took action by means of a 4-3 vote on October 7, 2014 authorizing its staff to research
all necessary steps to withdraw Palm Beach County (the "County") from the Treasure Coast
Regional Planning Council ("TCRPC") and to request membership in the South Florida Regional
Planning Council ("SFRPC") in spite of opposition expressed at the meeting by municipal
representatives and others; and
WHEREAS, the County has been a member of the TCRPC for more than thirty-five (35)
years, since 1976; and
WHEREAS, during that lengthy tenure, the staff at the TCRPC has become acutely
aware of the issues and concerns of the County as well as of the thirty-eight (38) Municipalities
located therein as they relate to the growth management, transportation demands, water concerns
and general land use planning; and
WHEREAS, there is little, if any, evidence that the SFRPC has the same depth of
understanding of the issues that the County and its municipalities are facing; and
WHEREAS, the strategic policies found in the TCRPC Regional Policy Plan differ
greatly from those found in the SFRPC Regional Policy Plan; and
WHEREAS, the County and the municipalities have incorporated many of the TCRPC
policies into their comprehensive plans which guide their growth patterns; and which would
require revision if the change to the SFRPC is achieved; and
WHEREAS, many municipalities and local government agencies located in Palm Beach
County are involved in long term planning activities with the TCRPC which would be rendered
meaningless if this change were to occur; and
WHEREAS, the minimal reasons supporting change found in the back-up
documentation for the agenda item and the discussions at the October 7, 2014 meeting centered
around saving money in the form of reduced membership fees to be paid to the SFRPC as
opposed to the TCRPC; and the diverse interests of the counties comprising the TCRPC; and
WHEREAS, since County ad valorem tax dollars are used to pay for the membership in
the TCRPC and are derived from all those persons and entities owning property in the County,
each property owner is paying for this membership and deserves a voice in this abrupt move
taken by the County with very little, if any, sound reasoning as to why such a move would
benefit all local governments located in the County; and
WHEREAS, long term relationships forged through more than thirty-five (35) years of
working with the TCRPC and the in-depth understanding the TCRPC staff has of the County's
and the thirty-eight (38) municipalities' land use issues should not be discarded without
substantial and powerful reasons, which have not been clearly articulated by the members of the
BOCC, to date.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY, THAT:
SECTION 1: the Board of the Boynton Beach Community Redevelopment Agency
strongly objects to recent action taken by the Palm Beach County Board of County
Commissioners to withdraw Palm Beach County from the Treasure Coast Regional Planning
Council and to request membership in the South Florida Regional Planning Council; and
strongly supports the County's continued membership in the TCRPC; providing for distribution;
providing an effective date; and for other purposes.
2
SECTION 2: The Board hereby requests that this resolution be sent directly to the Palm
Beach County Board of County Commissioners, the Treasure Coast Regional Planning Council
and all municipalities in Palm Beach County.
SECTION : This Resolution shall take effect immediately upon execution by the
Chair as authorized by the Board of the Boynton Beach Community Redevelopment Agency at
their November 12, 2014 meeting.
PASSED AND ADOPTED this 12th day of November, 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Jerry Taylor, Chair
ATTEST:
Ken Spillias, Attorney
TRes 2014 -02 -Treasure Coast Regional Planning -Board Support -l0-22-14
3