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Agenda 02-10-15BOYNTO .' : N CRA BEACH CRA Board Meeting Tuesday, February 10, 2015 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AMENDED AGENDA I. Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Movies in the Park: Recap — 2/6/15 — Penguins of Madagascar Next Movie — 3/6/15 B. Happy Hour Friday — Music on the Rocks — 2/20/15 — Sweet Justice C. Boynton Beach St. Patrick's Day Celebration/Blarney Bash — 3/13/15 D. Boynton Harbor Marina Fuel Dock & Master Building Ribbon Cutting Ceremony — 2/26/15 VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, January 13, 2015 B. Approval of Period Ended January 31, 2015 Financial Report C. Monthly Purchase Orders D. Approval of Commercial Facade Grant to Boynton Beach Dive Center, LLC E. Approval of Commercial Facade Grants to Yachtsmans Properties, LLC IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Business Development Advertising Campaign C. Potential Refunding of Series 2005B Bond D. Banner Project — Heart of Boynton, Marina & Boynton Beach Blvd. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: XIII. Old Business: A. Consideration of Direct Incentive Funding Agreement for the 500 Ocean Project between Morgan Boynton Beach, LLC and the Boynton Beach Community Redevelopment Agency - Tabled 12/9/14 B. Update on Marina Village Parking Garage Management C. Consideration of Purchase Agreement with Gardner Capital for CRA Owned Property Along the Martin Luther King, Jr. Blvd. Corridor D. Consideration of Development Agreement Terms with HH Boynton, LLC for Ocean Breeze East XIV. New Business: A. Discussion of Rent Reimbursement Grant to Boynton Beach Dive Center, LLC B. Discussion of Interior Build -Out Grant to Boynton Beach Dive Center, LLC C. Consideration of Invitation to Bid for Marine Fuel Dispenser Replacement Project D. Consideration of Addition of Domestic Partnership Policy and Revision of Non -Discrimination Policy XV. Executive Director's Report: A. Development Projects Update B. New Businesses in CRA District XVI. Future Agenda Items: A. Consideration of Proposals for 480 East Ocean Avenue and 211 East Ocean Avenue B. Responses to Invitation to Bid for the Ocean Avenue Lighting Project C. Responses to Invitation to Bid for the Entry Signage Project D. Responses to Invitation to Bid for the Marine Fuel Dispenser Replacement Project XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CAR BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SBE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO INSURE 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. 286.01 O5) 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. BOY CRA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal I X j Other SUBJECT: Movies in the Park SUMMARY 1 RECAP: ■ On Friday, February 6th, the CRA hosted the Movies in the Park event at the Ocean Avenue Amphitheatre • Featured movie was a newly released Penguins of Madagascar (PG) • This FREE event took place from 7 - 9 pm • Ample FREE parking was available onsite • Guests were encouraged to bring their beach chairs and blankets • Gift cards donated by local businesses were given away through a drawing to attending guests • Food, snacks and beverages were available for purchase by local area vendors • The CRA will continue to encourage local business to participate • Next Movies in the Park is scheduled for Friday — March 6, 2015 at 7pm • Additional Movies in the Park dates: o April 3rd o May 1St o June 5tt' FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATIONSIOPTIONS: v Amy Zimm Special Events C:lUserslzimmerrnannalDocuments\Committee MeetingslMovieslMovie Agenda Iters February 10.doc BOYNTOACHNCRA Enjoy FREE Movies' ft friday Dewev Part',( Bring you$ favorite beech chair ar blanket am4 enjoy a movie under the Stars I i 3+ .. �Fwd.y and dnn a+����� $? y UoucAT to tau BY :MCRA IV CaichBoynton.om • 561.742.6246 -Event une C:lUsersVimmermanna\DocumentslCommittee MeetingsWoviesWovie /Agenda Item February 10.doc B.OYNTON +...BEACH CRA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I j Legal I X I Other SUBJECT: Happy Hour Thursday — Music on the Rocks SUMMARY 1 RECAP: • On Thursday, January 15th, the Boynton Beach CRA presented the Happy Hour Thursday — Music on the Rocks Concert Series featuring the band String Theory (Rock, Reggae, Classic Rock, Pop) + This FREE event and was scheduled to take place at the Ocean Avenue Amphitheatre from 6 to 9 pm. • The band was only able to play an hour before the event was called due to rain • Starting this month, the event will be held on Fridays in an effort to increase attendance • Next Happy Hour Friday concert scheduled for February 20th, featuring reggae band Sweet Justice • Food and drinks will be available for purchase from local vendors • Additional Happy Hour Friday concert dates: o March 20'b o April 17th o May 15' o June 19'h ■ Ample FREE parking onsite • No pets please FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATIONSIOPTIONS: Amy Zimmerm Special Events C:1Userslzimmermanna\DocumentslCommlttee Meetings\ConcertslConoert Agenda Item February 10.doc BOYNTO 44CRA ....BEACH CH MeetingslConcertslConcertAgenda Item February 1O.doc C:\UserslzimmermannalDocuments\Committee Meetings\Conoerts\Concert Agenda Item February 1O.doc BOYNTO =BEACH -CRA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal I X I Other SUBJECT: Boynton Beach St. Patrick's Day Celebration 1 Blarney Bash SUMMARY: • On Friday, March 13th, the Boynton Beach CRA will present Boynton Beach Blarney Bash in celebration of St. Patrick's Day • The event begins at 4 pm along Ocean Avenue between 1' Street and Seacrest Blvd and concludes at 10 PM • Entertainment will include live music by U2 by UV, The Craic and the Mighty Quinn • Local retail vendors will be lined up along ocean • Food and drink will be available for purchase, including green beer A `Best Green Attire' contest will be held with a chance to win some great prizes • Kid's activities will be available • Ample free parking will be available FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATIONSIOPTIONS: Amy Zimmermann Special Events C:XUserslzimmermanna\Documents\Committee Meebngs\St. Pats 021015.doc (86�r All ii M..�.K 1. TIC , W.1 I X11 �4 CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal I X I Information Only SUBJECT: Boynton Harbor Marina Fuel Dock & Harbor Master Building Ribbon Cutting Ceremony SUMMARY: On Thursday February 26, 2015 the Boynton Beach CRA will be hosting a ribbon cutting ceremony celebrating the successful completion of Phase II of the Marina Redevelopment Master Plan. The ceremony will take place at the Harbor Master Building located at 735 Casa Loma Blvd. from 6 pm- 8 pm. The 1,500 square foot Harbor Master Building (Exhibit A) consists of public restrooms, a retail ship store, new fueling facilities, public art and waterfront open space. The purpose of purchasing the Marina was to preserve public access to prime waterfront facilities offering tourism opportunities that will enhance visitor experience when coming to downtown Boynton Beach. The construction of the Harbor Master building was completed in December of 2014 and is part of the Downtown Master Plan and Boynton Harbor Marina Master Plan. FISCAL IMPACT: Budgeted in Project Fund 02-58500-470 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan & Boynton Harbor Marina Master Plan Exhibit A MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY L BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 700 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON JANUARY 73, 20'15, AT 6:30 P.M. PRESENT: Jerry Taylor, Chair Joe Casello, Vice Chair Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker Vivian Brooks, Executive Director Ken Spillias, Board Counsel I. Call to Order Chair Taylor called the meeting to order at 6:32 p.m. Il. Invocation and Pledge to the Flag This item was not addressed. III. Roll Call A quorum was present. 1V. Legal None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Taylor requested reordering the agenda and swapping Old Business Items A and B, and moving New Business, Item F after Public Comments. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 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 Messrs. Hay, McCray and Vice Chair Casello had no disclosures. Mr. Merker commented he would like to read a statement he wrote which was meaningful to him, but because of the matters the Board would be discussing, he was unable to do so. He found a passage to be a true representation of the Country's history which he read as follows: 'What makes a man a man? He has a dream. A dream driven by his innermost thoughts and beliefs of what is good and what is bad for all. He awakens in the middle of the night to realize just that. It is a dream. He goes back to sleep, but cannot sleep and then realizes that his dream is a job that must be started and must be completed for all. I had a dream is what we often have; however, very few of us will step out of that dream and make our innermost thoughts move forward to make it reality. The Right Reverend Martin Luther King did just that. He had a dream and he made it reality for all mankind. He realized that to change the course of time, one must educate and inform his fellow man. That's one mind and heart, having to be aware that living a life is a wonderful thing, but living a life with a purpose is a dream that can and will and must come true. That man, Dr. Martin Luther King — his life was taken on April 4, 1968, and from that day and forever more, we will all look back and reflect with a saddened heart and with an open mind that we are one. That all people living together as one will help improve and accomplish all that God has given us. A heart, a mind and a soul that we have, gives life a purpose that life is truly, truly a wonderful dream. Dr. Martin Luther King is a part of American history. American history 101 is just that - a dream where all mankind wanting to, and working together to make dream come true for all.' Mr. Merker commented he would not finish his comments because he was asked to do the talk and it becomes personalized because the honor to speak about Martin Luther King was taken away. He commented his passion is American history. A book called "Death of a King" is about the last year of Dr. King's life. With Martin Luther King Day approaching, Mr. Merker wanted to give the public a part of what he was going to say and he hoped it touched the public in a positive way of where America is going today. Mr. Buchanan announced he had a discussion with Jim Williams about Ocean Breeze East. Mr. Hay commented the ocean Breeze West project, consisting of 21 homes, was completed. The ceremony and ribbon cutting was outstanding. He noted the project came in under budget and was a long time coming. He did not want it overlooked. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Mr. Fitzpatrick advised he had a brief discussion with Bart Ramsey regarding Marina Village Parking. B. Informational Announcements VII. Announcements & Awards: A. Movies in the Park (Mr. McCray [eft the dais at 6:39 p.m.). Ms. Brooks announced the next movie will be in February. Staff had not yet made their movie selection. She noted they can select from the latest movies that are available. (Mr. McCray returned at 6:41 p.m.) B. Happy Hour Thursday — Music on the Rocks Ms. Brooks announced the band, String Theory would be playing at 6 p.m. at the amphitheater and food and beverages would be available for purchase. She also announced concerts will be on Fridays starting this month. She commented staff received a request to start them on Fridays at the amphitheater as opposed to Thursdays. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, December 9, 2014 B. Approval of Period Ended December 31, 2014 Financial Report C. Monthly Purchase Orders D. 'Approval of Special Events and Promotional Assistance Grant to Schoolhouse Children's Museum 1X. Pulled Consent Agenda Items: Mr. Hay noted Mr. Fitzpatrick was present for the December 9th meeting. X. Information Only: A. Public Comment Log There were no comments on this item. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 B, Summary of CRA Property Valuation by Category There were no comments on this item. C. Business Development Advertising Campaign none There were no comments on this item. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Julie Oldbury, Director of Human Resources and Risk Management, announced the City of Boynton Beach was participating in the third annual Let's Move/Commit to Change physical activity challenge. This was First Lady Michele Obama's initiative to raise a healthier generation of children. Last year, the City of Boynton Beach logged over 100,000 minutes and was named team champs. She appealed to the Board for their help' in reclaiming the title and participating in the campaign which runs from January 10th to January 31st. Participants are asked to engage in 30 minutes of sustained activity and log their minutes at CBS12.com/Lets Move. In advance of their commitment, she provided the Board members with Let's Move tee shirts. Vice Chair Casello noted he is physically active and his New Year's Resolution was jogging/powerwaiking with the firefighters and paramedics at Station 3. His first day out he fell, broke two ribs and bruised his shoulder. Mr. Hay commented Boynton Beach won every year for the last several years. He advised Channel 12 was trash talking saying they will beat Boynton Beach. Mr. Hay wants all to participate so Boynton Beach can trash talk back. Steve Anton, 234 SE 2nd Avenue, commented the City has a unique opportunity, due to the Florida Everglades leading to the ocean, which is an untapped money pit. He urged the -City to take advantage of it. He commented a retired biologist or park ranger could give educational eco and agricultural tours. He thought it was important to have items of interest for people to see, which do not cost up to $12,000. He commented the tours would be low impact and lots of fun. Educational tourism was significant and it appeals to baby boomer retirees that are professors or individuals who just want to learn. They would spend a lot of money to do so. The City is an epicenter with FAU, SCRIPPS, Nova Southeast and other Universities nearby. These tours would be a huge draw. Dr. Barry, SE 16t Street, explained he walks on SE 1st Street every day for three hours and commented drivers were cutting from 1" Street from Seacrest. The posted speed limit is 25 mph, but motorists travel at 50 or 60 mph. There are also kids walking in the middle of the street, and kids on bikes with no lights or reflectors. He is afraid to drive 18t Street at night because of the kids. He pointed out he has never seen an arrest of those speeding or having improper bikes, or anything else. He requested three speed bumps on SE 1St Street be installed, because motorists go through the stop signs. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Chair Taylor closed Public Comments. XII. Public Hearing: None. XIII. Old Business: F. Discussion of CRA Board Member Behavior (Heard out of order.) Mayor Taylor explained he would make his opening comments on the matter. Members of the public can make statements and the matter would then return to the Board for their comments and actions. Mayor Taylor explained he received two emails concerning a claim of improper behavior by Board, Member David Merker. Having this knowledge, he believed it was the responsibility of the CRA Board to take appropriate action to address the situation. Mayor Taylor read the first email into the record as follows: "Dear Commissioner Merker, I want to discuss something that happened at our regularly scheduled meeting on December 23rd. At our meeting, you commented on my appearance several times. Then as you were walking out the door you grabbed my posterior. I commented that you were being 'handsy' today. Although I have attempted to explain on many occasions that as an elected official, you have a certain code of conduct that is expected of you, you continue to exhibit inappropriate behavior towards women. I am your employee and should not be subjected to being touched or spoken about inappropriately. 1 do not desire it nor will I tolerate it. I had to think long and hard about writing this email as it could negatively impact my career. It is usually the victim that becomes the casualty in this situation. But I have a daughter and I could not live With myself if I did not stand up for what is right. I am here to help you guide the City in the most professional manner possible. I have many years of experience and educational training to offer you. Please do not jeopardize a professional relationship with continued inappropriate behavior. Thank you, Vivian Brooks, Executive Director," She also forwarded that to the CRA attorney. Mayor Taylor read the second email into the record as follows: "Dear Chair, Vice Chair and Board Members, as you now know, an incident occurred between Commissioner/Board Member Merker and myself. It involves his inappropriately touching me. Rather than rely solely on excerpts of my email to Commissioner Merker published in the media, or Commissioner Merker's comments to the press, I have attached my email and an agreement drafted by the CRA's attorney. The agreement would have put this issue to rest, for me at least, if Commissioner 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Merker had agreed to sign it. He initially agreed to do so, and then decided not to. My desire was not to have this become a public spectacle for the City and CRA and quite frankly for myself. However, Commissioner Merker's behavior has crossed a serious line for me. Constant discussion with him has done nothing to change the behavior. A person should not have to work in an environment where they are subjected to constant inappropriate talk, or the potential of unwanted physical touching that Commissioner Merker thinks is so charming and funny. It is neither. Although it is one person's word against another's, please be aware that the day the Palm Beach Post broke the story, a vendor for the CRA called and said she had the same issue with Commissioner Merker. She said she would be willing to speak on the record if need be. Please feel free to call me regarding this matter." Mayor Taylor commented, as stated in the email, this type of oenavior on the part of Board Member Merker is not a one-time occurrence. He quoted Ms. Brook's: "Although have attempted to explain on many occasions, that as an elected official, you have a certain code of conduct expected of you, you continue to exhibit inappropriate behavior towards women." Mayor Taylor stated other female employees and women in the community have complained to him about Mr. Merker's inappropriate actions and/or statements and up until now, he had been unable to act on those complaints because the individuals were afraid to go public fearing a backlash to their employment or career opportunity. However, if an external investigation were undertaken, they would speak out. Mayor Taylor conveyed another occasion in a City office statted by several female employees; Commissioner Merker loudly shouted his displeasure with the situation, while using the "Fu word over and over, until asked by one of the women to please refrain from that language. Mr. Merker, in the newspaper, denied that anyone had ever spoken to him about inappropriate behavior. Mayor Taylor commented he had personally spoken, on several occasions with Mr. Merker, and reminded him that as an elected official he needed to think about his conversations with women and his reply was "I got to be me." Mayor Taylor announced several other people on a City supervisory level have counselled Mr. Merker about his actions and statements. Considering this information, Mayor Taylor advised he had no reason to doubt the veracity of the Executive Director's email. Unfortunately, he could not say the same about Mr. Merker's denials. He believed Mr. Merker had established a pattern of this type of unacceptable behavior and those actions embarrassed the CRA Board and the City. He asked Mr. Merker to immediately resign his elected office and recommended, if Mr. Merker refused to do so, the GRA Board request the CRA attorney contact the proper outside authority to conduct an investigation of these complaints, and to censure Mr. Merker this evening as an expression of disapproval towards this type of behavior with two conditions: Ay that during the. investigation, his supervisory authority of Executive Director Vivian Brooks be C. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2016 terminated, and B) that any one-on-one meeting between Mr. Merker and a CRA employee be conducted with a third party present. Chair Taylor opened the public comments: Steve Anton, 234 SE 2nd Avenue, remarked this should be a reality program because this is a pattern with the CRA and the Board. Ms. Brooks has a right to her complaint, and there is a process and human resources manual that should have been followed. He inquired if it applied to this Board. If there was a pattern, it should have been addressed through Human Resources. He commented the Board should follow the rules, and the matter being aired in the press was a bigger embarrassment. Regardless of the outcome, the rules were there for protection to make the City look professional. He was upset at the unprofessionalism and the process not followed. David Katz 67 Midwood Lane, former City Commissioner and 33 -year resident of the City commented Mr. Merker spoke of a dream and he created a nightmare for the City. He opined he is an embarrassment to the Board, the City Commission, the City and the community of Hunters Run. Many comments the Mayor made were also previously made by Mr. Katz. He thought an independent investigation was appropriate and agreed Mr. Merker should resign immediately. Vice Chair Casello understood the Human Resources Department had no investigative powers regarding this matter. Attorney Spillias responded in regard to the email Ms. Brooks sent, Ms. Brooks had indicated to him it was not her intention to file a formal complaint requiring a formal investigation. It was only intended as a message to Mr. Merker, but the matter became more public than was intended. Generally, with a contract with Human Resources, the Human Resources Department provides support services for the CRA, but not necessarily these types of investigations because the CRA is a different entity and the CRA has their own HR Manual. Vice Chair Casello inquired what the next step to investigate the allegation would be. Attorney Spillias explained Mayor Taylor would direct the attorney to hire an appropriate professional to conduct an investigation. It was important he ascertain if the expenditure would be an allowable use of GRA funds. If Attorney Spillias thought it would not be an appropriate expenditure, he would bring it back to the Board. Attorney Spillias commented the CRA Board has no authority under the law to take any kind of action regarding Mr. Merker, if a determination is made that wrongdoing occurred, such as removal from office. The Board could determine if there are protocols that needed to be put into place, should there be a finding of inappropriate conduct to guard against inappropriate conduct in the future. If an investigation were to disclose the type of conduct that would call for removal from office under the City Charter, they would have to contact the City Attorney. Vice Chair Casello explained the Board employs and directs the CRA employees. One member has an allegation against a Board member. Attorney Spillias reiterated the 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 CRA Board has the authority to put procedures and protocols in place based on the outcome of an investigation. He believed it would be sufficient basis to expend the funds, but the Board could not take formal action to remove Mr. Merker from the Board. Vice Chair Casello commented he was sickened by the prior sexual harassment case and protocols should have already been in place. He emphasized the Board should start an investigation immediately and fund it. He hoped that if the allegations were true, the man involved would have the decency to resign on his own. Attorney Spillias explained the Board has general protocols, but based on the investigation, a determination if there are special protocols with regard to Mr. Merker and his contact with staff would be made. Mr. Hay agreed with Vice Chair Casello's comments. He noted the Board spent a lot of time branding the City and the situation was disappointing. The Board was trying to encourage developers to come to the City and all the developers have to do is look on the Web and the rest is history. He commented he agreed an investigation was appropriate, but if the allegation was true, Mr. Merker should be punished to the full extent of the law. It was important to give Mr. Merker his rights as an individual, but Mr. Hay wanted to ensure if the investigation moved forward, Attorney Spillias would hire an outside attorney not associated with his office. Attorney Spillias responded he would. Mr. Fitzpatrick received confirmation from Attorney Spillias, the relationship between HR and the CRA was similar to an a la carte relationship: the City does payroll, does not hire for the CRA, the Director does her own hiring and more. It is very specific and limited. Mr. Fitzpatrick also commended Ms. Brooks' courage to step forward and commented based on his observation with other staff, women staffers do not like to be left alone in a room with Mr. Merker and at multiple events, he monopolized staff, i.e. Pirate Fest or the boat parade. He tries to strike up a conversation with employees when they are trying to do their job. He likened the issue to a Mel Brooks attitude," it's good to be king." Mr. Fitzpatrick found Ms. Brooks credible, but allegations were not proof and they were moving into unknown waters. Mr. Fitzpatrick expressed it was prudent to go forward in a safe manner so it does not come back and take more time or money because steps were missed. He favored an investigation. If more people stepped forward, they will move forward. If no one steps forward, then Ms. Brooks becomes just one brick in a possible future wall, but on its own, a memo is not an actionable item. He supported an investigation, but nothing after that until the outcome is known. Mr. McCray lifted Mr. Anton's comments and noted a man was innocent until proven guilty. He was not in favor of an investigation and pointed out there were adults sitting on the dais. He recalled all the CRA was created for blighted areas within the City and District II was one of the most blighted areas and where the money should be spent. He questioned the need to make the situation more of an issue when it was not and spending money for an investigation when the two adults were willing to let things go. He counseled Mr. Merker has his faults, but everyone has skeletons. He encouraged 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida .January 13, 2015 all to be human. The members say prayers and want to be directed, led and guided and after the prayer, they ridicule. He was not in favor of an investigation and wanted the money spent where money was supposed to go. He suggested all act like adul,s step to the plate and stop making Boynton Beach a ridiculed City, and show they can do positive things as a Board. The Board has no power to remove an elected official. Only Governor.Scott could remove him. He emphasized the City does not have that power and it is a moot item. He urged the Board spend the money on MLK Boulevard, move the City forward, and to stop the witch hunt on individuals who sit on the Board. Mr. Buchanan commented it was fine if the matter was resolved by mutual consent, but thought an investigation for the protection of everyone involved was needed. He queried if it would be more appropriate for the City Commission to drive the investigation as Mr. Merker also sits as a Commissioner. Attorney Spillias was uncertain of the term "appropriate" and responded the City has more resources, has the ability to undertake a broader investigation, and perhaps has the ability to take action the CRA Board cannot take. The complaint comes from a CRA employee, but there are allegations that go beyond CRA employees. Mr. Buchanan inquired if the Board proceeded and an investigation showed some impropriety, the most the Board could do is send if to the City Commission. Attorney Spillias responded the Board could put in place protocols to the particular Board member. If it goes beyond that and more action was needed, it should be sent to the City Commission. Mr. Merker said emphatically, this did not happen. He tried, when he was interviewed, to show the relationship he and Ms. Brooks have is professional. He explained he meets every week, not only with Ms. Brooks and Ms. LaVerriere, but with other department heads, male and female, and he meets with them every week so he could learn. He expressed as a leader, or business owner, one wants to know who is working for you and their strong and weak points to encourage them. Mr. Merker explained he was taken aback by the second letter Ms. Brooks wrote. He explained he met with everyone. and he keeps meeting with them and it has been a learning curve. He reiterated he was taken aback this was brought up. He commented he will not lower himself, but he learned things about Ms. Brooks and her family and she learned things about him. It was nothing to burn or hurt and some statements she made were questionable to him. Because of the definition and being in a position of being a leader, one learns about someone's strengths and weaknesses as they learn yours. The idea the Board members are psychologists surprised him. He asked Vice Chair Casello why he got divorced and answered there are reasons things happen. In his situation, it is beyond that. When asked by Mr. Katz why he never married, Mr. Merker explained it never happened for him. Mr. Merker stated Mayor Taylor and Mr. Katz had Christmas dinner together and play golf. Mr. Merker commented the point was individuals have asked him if he was considering running for Mayor and he responded he was. From that point on, there is venom or hate and he indicated Mr. Katz was pure scum because he hates. This is a team effort and the situation hurts. In most issues, even Mayor Taylor and he are on 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 the same page, especially with development issues. He explained egos are strange and Mayor Taylor was Mayor five times. He explained Louis XIV was King of France for 40 years. • Twenty of them he was defined as a benevolent dictator and the next 20 he was a dictator. He questioned maybe Mayor Taylor's time was up at 80 years old. Mr. Merker emphatically announced he did not do this and it was getting ugly. Mr. Merker reiterated he meets with Ms. Brooks every week to learn. When interviewed by the papers and the TV, he planned to go forward. He does not understand the psychological manifestations of what went through her mind. Mr. Merker wants her viewpoint. He has been, and he invited all to check the records and minutes, her biggest ally. Now he is told they know what he is like on a date and he questioned how they would know. He looked at the CRA Board, offered to leave the room so staff could be asked if he has ever been disrespectful, if he was not supportive of them and explained they would not say anything because it is their job. He asked Mike Simon if you see a pretty lady and liked the way they were dressed, if there was anything wrong with giving a compliment. It was humor, and he may find it wrong. He told Mr. Simon he met his wife and she was very pretty. He saw his sister and he said they are very pretty and he commented several times on this. He explained the allegations hurt and not everyone's humor was the same, but he has never ever been disrespectful to women. When Ms. Brooks and Attorneys Spillias and Duhy met, they wanted a written agreement saying he would sit in with a third party and a few other points and he initially agreed to sign it, but then thought he was not guilty, so he was not signing. Mr. Merker contended his relationship with Ms. Brooks is in black and white and whatever psychological manifestations she was going through with him, he did not know. He announced to the citizens he was not guilty. Mr. Merker admitted when asked about running for Mayor, he responds he would consider running for Mayor and he thought Mr. Hay would also like to run for Mayor because Mr. Hay told him. He noted what someone does or wants to do is two different things. He questioned the relationship Mayor Taylor has with Mr. Katz, and contacting the media to create a story that was not real. He noted the position he holds and pointed out some people like to be called Commissioner, but he likes to be called David because it means "beloved one" in the Bible. He contended Mr. Katz and Mayor Taylor have a bonding relationship and that was why he is in the position he was in. Initially the email went to Mr. Merker, the Attorney and Mayor Taylor, and all of a sudden everyone knew. Mr. Merker advised he was considering running for Mayor just like everyone else and just like Vice Chair Casello is considering running for County Commissioner. Mr. Merker knew this because of where Vice Chair Casello plays golf and the word got out. He stated he respected Vice Chair Casello if he wants to run. Mr. Merker summarized he did not touch Ms. Brooks and he does not know where this would go. He understood he would not be kicked off the CRA Board or the City Commission unless he was proven guilty. He stated he was a little surprised with the 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 second letter and thought it was due to insecurity and being defensive. He stated as far as he was concerned, Ms. Brooks is that good at what she does and he backs her financially and professionally and he would not change. He reiterated it (the allegations) hurt. He met Ms. Brooks' husband, mother and sister. He addressed Mr. Brooks and stated he was sorry this was happening. He acknowledged Mr. Brooks accepts his wife's word, but he did not touch his wife. He stated he respects Ms. Brooks and he backed her in every way. He recognized what the Board wants to do is the Board's prerogative. He reiterated he did not do it, and what occurs from now, Mr. Merker can look in the mirror and sleep well at night. He would move forward with the CRA and City Commission and when one sees Mr. Katz and Mayor Taylor team up, it is not for the good 'of the City. It was for the good of the ego: It was Old Man River wanting to stay afloat forever and that is what destroys government. It was someone thinking they should stay there forever. Mr. Buchanan commented, based on Mr. Merker's discourse and viewpoint, it clearly demonstrated the need for an investigation. Motion Mr. Buchanan moved the Board direct Attorney Spillias to proceed with an investigation pending his determination that it is a proper use of CRA funds to do so. Vice Chair Casello seconded the motion Vice Chair Casello commented if Mr. Merker thinks the situation was predicated with the Mayor's friends, it was fantasy. Vice Chair Casello noted Mr. Merker stated he supports Ms. Brooks financially and through review, then he was calling Ms. Brooks a liar and this has never happened. He reiterated he was calling Ms. Brooks a liar and Vice Chair Casello did not believe it for one second. Vice Chair Casello stated as a father and a husband, he was appalled at a Board member that said let bygones go and move on with Martin Luther King Boulevard. He was surprised and shocked. He thought anyone with a daughter or wife should take this to heart and it is serious. This City has been through so much and has come so far and the CRA cannot let individuals side track the CRA's mission. Mayor Taylor commented that while Mr. Merker spoke all over the place, the issue was, what is unacceptable behavior of a Board member against an employee. Mayor Taylor asserted the Board's responsibility is to ensure employees have a professional work environment. While one employee had the courage to put it in writing to come forward, there are many other females, employees and women in the community who have made similar accusations. He was glad there was a motion to investigate this so Mr. Merker could feel like he was not railroaded in some way, although he called the other person a liar. He suggested the Board forward this to the City Commission for whatever action is desired. 11 Meeting Minutes Community Redevelopment Agency Board Boynton .Beach, Florida January 13, 2015 Mr. Fitzpatrick was in favor of an investigation, but wanted better parameters and Attorney Spillias inquired if the motion was intended to give him the authority to hire someone, subject to his bringing a contract back to the Board to approve, or if the Board would rely on his discretion to identify the appropriate person. Mr. Buchanan clarified the intention of his motion was for Attorney Spillias to hire the appropriate person pending approval by the Board. Mr. Fitzpatrick inquired how an investigation would take place and if depositions would occur. Attorney Spillias explained he would look for an employment attorney who has conducted these types of investigations in the past and they would sit down and interview individuals. There are no subpoenas and no one has to talk, but they talk to all the individuals they need to, in order to get the information. Once the information is gathered, they make some judgments in terms of credibility and prepare a report with their findings. Mr. Fitzpatrick received confirmation Counsel would prepare a list of people with pertinent information, approach the person and that person has the option to say whether or not they would go on record. Mr. Hay went on record and said he felt the Board was somewhat negligent for not having a procedure in place. He viewed the matter as an opportunity to put procedures in place so this would stop occurring in the future and the Board could deal with them appropriately. He hoped it would not occur again. As human beings, some appointed or elected officials will behave improperly, but with procedures in place, the Board can deal with them in a timely manner. Mr. McCray responded to Vice Chair Gasello's comment he was appalled by his statements about Martin Luther King Boulevard. He commented it seems like District II was forgotten. He explained the CRA was established for blighted areas and District ll is blighted. He commented Vice Chair CaseIlo had previously commented he was willing to have the City take over the CRA. Mr. McCray reiterated he represents District 11, and would continue to represent District ll. Vice Chair CaseIlo may not like his tactics, but he wanted his statements that Martin Luther King Boulevard was blighted on the record. There had been businesses there, bars, restaurants, hairdressers and barbershops. It is a blighted area and people say it is drug ridden. He acknowledged it may be drug ridden, but African Americans were not the only ones going to MLK Boulevard to buy drugs. Vice Chair Casello clarified his comments were not about blight or MLK; he was appalled about his statements saying the Board could save the money and use it in other areas. If Vice Chair Casello's suggestion to combine the CRA and City had occurred, they would not be having this discussion because there would be protocols in place to deal with this situation. 12 Meeting Minutes Community Redevelopment Agency Board Boynton.Beach, Florida January 13, 2015 Mr. Fitzpatrick offered an amendment to the motion which was the attorney hired to investigate should create a list of recommended policies and procedures for the future. Attorney Spillias agreed they could request such. Mr. Buchanan agreed to the amendment. Mr. Hay seconded the amendment. Mr. Merker addressed Mr. Brooks, who was seated in the audience, and emphasized he never declared his wife a liar. Ms. Brooks requested Mr. Merker not address her husband from the dais. Mr. Merker inquired why and commented it was respect. Ms. Brooks and Mr. Hay disagreed. Mr. Merker stated to the City of Boynton Beach, he was sorry this was going forward and reiterated he did not do it. He commented it appeared it would get ugly and he would have an attorney also. He did not expect this to happen by the meeting that he had with Ms. Brooks, Attorney Spillias and Attorney Duhy. The consensus was they would go forward and let it pass. Mr. Merker stated it will get ugly and he apologized to the citizens of the City of Boynton Beach. There will be preliminary decisions about whether he is or is not guilty, but he was confident the end result would be he was not guilty. The motion passed 5-2 (Messrs. Merker and McCray dissenting.) Chair Taylor commented because Mr. Merker did not resign, he requested the CRA Board censure Mr. Merker at this meeting as an expression of disapproval towards this type of behavior with two conditions. Motion Mayor Taylor moved that during the investigation, Mr. Merker's supervisory authority of Executive Director Vivian Brooks be terminated. Vice Chair Casello seconded the motion. Attorney Spillias did not thinK any of the Board members, specifically, have supervisory authority as an individual over Ms. Brooks. The Board has supervisory authority, and they do have the right to seek information. Mr. Buchanan inquired if it was within the power of the Board to limit the power of a City Commissioner who sits on the Board in a dual capacity, as to what he can and cannot do outside the normal bounds of conduct. Mayor Taylor explained the Board has the right to censure a person and can attach conditions, Mr. Hay inquired if the CRA Board would be sanctioning another LFA Board member, regardless of whether he is a City Commissioner, and that it would not apply to the City Commissioner portion. As a City Commissioner, he has the right and authority to speak with Ms. Brooks because he is an elected official and the CRA Board is not. The way 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 the Board is structured, all five Commissioners are on the Board, but he thought the CRA Board could not override what Mr. Merker could do as a Commissioner. Attorney Spillias replied he was unaware of anything to prevent the motion to censure, in the context of the disapproval of the Board regarding conduct or actions of one of its Board members. He thought without an investigation with actual findings, it would be problematic to. restrict Commissioner Merker from doing what is necessary to obtain information he needs to make the types of decisions he needs to make. He noted the definition of the word "supervise" and explained it was fine if the Board was indicating a protocol or procedure that, until the matter was concluded, Mr. Merker should not meet with Ms. Brooks without another individual present. Mr. Merker explained he looks at Ms. Brooks as his supervisor because she has more knowledge and it was hard to supervise when he did not know how to run the business. As to a third person being present, he explained that was already established and it was a prerequisite. He thought it was common sense. He had a question about the agenda and he asked Attorney Spillias if he could ask her about it. He saw Ms. Brooks by appointment, but he has walked in without appointments and it may have been to speak to Mr. Simon or Ms. Harris or some other reason. He sits down with the City Manager every Monday and he meets with Finance Director, the City Attorney and Jeff Livergood because they have a perception of what is going on and he has no education in those fields. To him, the supervisor has more knowledge and in this situation, Ms. Brooks does. Mr. Merker commented, for the record, he was chastised and questioned the relationship between he and Ms. Brooks and that it has not been professional. He hoped whoever was hired sits with all the CRA staff and they are asked how they were treated. He thought it would be interesting because this is their livelihood. He stated he has a clear conscience. He does not want an investigation, but he looked forward to it. Mr. McCray responded to Mr. Hay's comments about elected officials and agreed Mr. Merker has the right to ask questions. He noted that was the problem with wearing two hats. Chair Taylor agreed with Attorney Spillias and clarified the motion was to censure Mr. Merker as an expression of disapproval towards this type of behavior, which Attorney Spillias agreed was fine. Chair Taylor dropped the supervisory condition from the motion, and any one-on-one meeting with CRA employees be conducted with a third party present remained as part of the motion since Attorney Spillias had clarified it was okay. Mr. Buchanan thought it would be better to not take any further action until the results of the investigation were concluded. Mr. Fitzpatrick agreed and did not want to rush to judgment. They should let the investigation process play out. He agreed it would be awkward for CRA staff to work with Mr. Merker in the coming weeks, but it will have to 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 work. He thought the Board should accept the attorney's recommendation that some sort of workable policy be set up regarding how Mr. Merker interacts with CRA members, vote The motion failed 2 to 5 (Vice Chair Casello and Messrs. Fitzpatrick, Nay, McCray and Buchanan dissenting.) Motion Mr. Fitzpatrick moved the CRA Attorney establish a set of guidelines for the CRA Board of interaction between Commissioner Marker and CRA staff for the future. Mr. McCray seconded the motion that passed 6-1, (Mr. Marker dissenting.) XIII. Old Business B. Request for Further Direction from the CRA Board on the Response to the Ocean Breeze East RFP from HH Boynton, LLC (Heard out of Order.) Ms. Brooks explained at the last meeting, the Board decided to cease negotiations with HH Boynton LLC. Not enough communication had occurred with HH Boynton LLC, and staff was unsure what was occurring. They recently had a meeting with them with Attorney Spillias, Ms. Brooks and Mr. Simon. The RFP mandated they come back with a development agreement, or a draft at a minimum. Staff would like to have the ability to bring a draft development agreement to the Board in February, rather than reissue a RFP. This would be the most expedient way to do the project, if it is possible at all. Motion Mr. Buchanan so moved. Mr. Hay seconded the motion. Attorney Spillias commented the Board should rescind the previous direction of cancellation of the RFP and issuing another and continue negotiations with the proposer., Mr. Buchanan agreed with Attorney Spillias recommendation as did Mr. Hay. (Vice Chair Casello and Mr. Merker left the dais at 7:49 pm.) Mr. Fitzpatrick commented the evaluation of the land Hudson Holding nad was under $500,000 for land and under $400,000 for the buildings, totaling $900,000. Mr. Fitzpatrick's understanding, when the deal was put together, that the left hand was selling the right hand for $2 million. He stated that was a deal breaker and he did not find that acceptable. It was noted the Board was only giving staff direction to negotiate. (Vice Chair Casello rietumed to the dais at 7.50 p.m.) 15 Meeting minutes Community Redevelopment Agency Board Boynton Beach, Florida .January 13, 2015 The motion passed 6-0 (Mr. Merker not present for the vote.) Mr. Merker returned to the dais at 7:52 p.m. A. Discussions of Options for Marina Village Parking Garage Management Ms. Brooks explained this was a complex issue and commented the parking garage is private and the CRA has no legal authority to determine whether to impose a parking charge or not. Additionally, there is not enough parking in the garage and that fact was very clear when staff met with the Marina tenants. She explained the employees were using the parking spaces. Most people that want to use parking are visitors, tourists or customers, but they are unsure they can park in the garage. Ms. Brooks explained the CRA never gave one dollar to the Marina Village project and there is a rumor the CRA subsidized $1 million. When Ms. Brooks left the captains' meeting she recognized there is just not enough parking. Currently, the HOA fee for the right to own the waterfront parcel where the ship store is was $24,000 a year and that gives the CRA the right to 77 parking spaces, but not to own them. More were needed. If the CRA paid the maintenance or the cost to monitor what was going in and out of the garage, it would be another $66K, which would raise their fees up to $84K in a private garage. CRA staff spoke with Mr. Camalier, who owns the former Bank of America site, and there is a parking lot that can accommodate 200 parking spaces. Ms. Brooks suggested rather than spend money on what staff knows is not enough parking at the garage; they lease the ,Bank of America parcel for parking spaces until staff could find an area for a public parking garage. The CRA would handle maintenance of the land and cover the insurance to provide 200 free public parking spaces with the Marina logo on them at the corner of Ocean and Federal and at Boynton Beach and Federal. It would be much easier for the average person or visitor to find, which would help. The land is also centrally located. Ms. Brooks thought it was a win-win, and the land should be vacant for about three years. Ms. Brooks thought this was a forward looking solution and the CRA not try to manage a private garage, and she proposed leasing the land for $20,000 and cleaning and striping the property which would be about a $40,000 one-time charge. Mr. Fitzpatrick noted the site was an eye sore, and could be subject to Code violations. He asked, in the future, if the CRA would to have to pay for landscaping. Ms. Brooks responded she included landscape and maintenance costs to get a lower price. The cost would be $20,000 plus maintenance and insurance. Once they did the main cleaning, it was just trimming the hedges. Mr. Hay thought insurance would be important and expensive and Susan Harris explained the CRA would not have to pay additional insurance. It was part of the general liability insurance for the CRA in total. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Motion Mr. McCray moved to table the item until they received all the costs. Mr. Merker seconded the motion that failed 2-5 (Chair Taylor, Vice Chair Casello, and Messrs. Buchanan, Hay, and Fitzpatrick dissenting). Ms. Brooks requested further direction. Vice Chair Casello inquired how many parking spots were in the garage and learned there were 122 spots. He asked why the top floor has 86 spots available, why those spots were blocked off and how they calculated parking with the building's density. Ms. Brooks explained the developer used urban land -use, shared -parking calculations which do not allow one to differentiate between commercial and residential uses. They also do not calculate that the developer was holding parking spaces for sale which they allowed. In her planning opinion, if the developer used the shared parking calculations, they should not be allowing the gate or sale of parking spaces. Those were privately held by the Related Group and the Related Group was trying to sell those parking spots to the GRA. In the height of the market, residents received one parking spot, but they have one, two and three bedroom units and those residents have more than one car. If Marina Village wanted to charge $5 for parking, the CRA could not oppose it. Mr. Buchanan thought this would take some time to accomplish, and he asked if the Related Group would charge immediately. Ms. Brooks explained there is parking on the Bank of America site that was now usable. She thought upgrading that lot was not far away. They just needed to bring an agreement back to the Board and thought it could be presented to the Board in February. She commented they could ask Marina Village to hold off charging for parking as a courtesy, but there are parking spaces that were clean and ready to go now. Mr. Fitzpatrick clarified the residents who live there with one parking space and have more than one car are parking in public spaces. He understood the condo association would kick them off and they would monitor the matter. Ms. Brooks responded Marina Village has been towing them if they park there overnight. Motion Mr. Buchanan wanted to pursue the 200 spaces and so moved. Mr. Hay seconded the motion that passed 5-2 (Messrs. McCray and Merker dissenting.). C. Request for Further Direction from the CRA Board on the Response to the Ocean Breeze East RFP from HH Boynton, LLC This item was heard earlier in the meeting. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 XIV. New Business: A. -FY 2013-2014 CRA Annual Audit Results Susan Harris, Finance Director, advised the Board had the audit results in the meeting materials. She announced the CRA is in a very strong financial position. They have net assets of $13.8 million, which exceeds their liabilities. They have had six consecutive years of no audit findings, cash sufficient to meet bond reserves and ongoing capital projects, and sufficient working capital. Audit Partner Richie Tandoc was present to give a report. Chair Taylor congratulated staff on an outstanding job and commented no report was needed as he already reviewed the document. Motion Mr. McCray moved to accept the Audit Report. Mr. Hay seconded the motion that unanimously passed. B. Consideration of Transferring CRA Property 137 West Martin Luther King, Jr. Blvd. to the City as Part of the Model Block Project Motion Mr. McCray so moved. Mr. Fitzpatrick seconded the motion. Mr. Hay saw improvements being made at the property the other day. Ms. Brooks clarified the property was across the street. The motion unanimously passed. C. Consideration of Purchase Offer to the School District of PBC for Property Located at 1204 1 St Street in the Amount of $12,500 for the Model Block Project Motion Mr. McCray moved to approve. Mr. Hay seconded the motion. Mr. Fitzpatrick inquired what the CRA paid for the lot. Ms. Brooks explained the CRA did not purchase the lot. This item was a purchase offer to the School District. The motion unanimously passed. D. Consideration of Invitation to Bid for Reconstruction of City Entry Signage .Features 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Motion Mr. Buchanan moved to approve. Mr. McCray seconded the motion that unanimously passed. E. Consideration of Invitation to Bid for the East Ocean Avenue Lighting Project Motion Mr. Buchanan so moved. Mr. McCray seconded the motion. Attorney Spillias explained they reviewed language on both invitations to bid and created a format and template to use on all bids. He hoped this would resolve all issues which surfaced with the West Construction RFP. Vice Chair Casello inquired if this fight project would use LED lights. Mr. Simon responded they would where appropriate. He did not have the specifications to match street light poles, and they cannot retrofit. He agreed to provide clarification via emails. Ms. Brooks explained there is up -lighting in the trees, which were LED. Existing streetlights cannot be retrofitted for LED, but they were adding new Cobra head lights which will have LED lights. The motion unanimously passed. F. Discussion of CRA Board Member Behavior This item was heard earlier in the meeting. XV. Future Agenda Items: A. Consideration of DIFA Agreement for 500 E. Ocean Avenue between Morgan Boynton Beach, LLC and the Boynton Beach Community Redevelopment Agency - Tabled 1219114 and approved for February 10, 2015 agenda XVI. Adjournment There being no further business to come before the Board, Chair Taylor properly adjourned the meeting at 8:08 p.m. C.�� Catherine Cherry Minutes Specialist 011415 19 BOYNT( .BEA C:4 _ CRA BOARD MEETING OF: February 10, 2015 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending January 31, 2015. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve monthly financial report. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSZompieted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslFebruary 20151Financial Report.docx 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF. JANUARY 31ST, 2015 01 -GENEl m FUND FINANCIAL SUMMARY -1- % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING REVENUE SUMMARY T.I.F.INCOME 8,100,000 8,100,000 5,186,878.00 8,323,381.00 0.00 ( 223,381.00) 2.76 - MARINA RENT & GRANT INC 1,000,000 11000,000 53,637.63 299,276.51 0.00 700,723.49 70.07 INVESTMENT INCOME 0 0 0.00 691.67 0.00 ( 691.67) 0.00 MISCELLANEOUS 0 0 322.39 3,072.43 0.00 ( 3,072.43) 0.00 TOTAL REVENUES 9,100,000 9,100,000 5,240,838.02 8,626,421.61 0.00 473,578.39 5.20 EXPENDITURE SUMMARY LEGISLATIVE 24,850 24,850 926.99 3,331.67 3,500.00 18,018.33 72.51 ADMINISTRATIVE 226,756 226,756 16,012.83 72,915.85 480.00 153,360.15 67.63 FINANCE 1B6,345 186,345 14,197.53 60,362.13 480.00 125,502.87 67.35 INSURANCES 109,500 109,500 0.00 87,148.13 0.00 22,351.87 20.41 PROFESSIONAL SERVICES 262,000 262,000 19,643.00 14,928.10 59,570.50 187,501.40 71.57 PLANNING 113,170 113,170 7,895.48 35,428.22 0.00 77,741.78 68.69 BUILDINGS & PROPERTY 472,700 472,700 22,376.22 86,998.05 26,600.55 359,101.40 75.97 BULR334A 11000,000 1,000,000 89,399.33 266,647.51 7,475.00 725,877.49 72.59 COMHIUNICATIONS & TECHKOLO 54,060 54,060 977.17 4,382.91 23,257.88 26,419.21 48.87 CONTINGENCY 25,000 25,000 0.00 0.00 0.00 25,000.00 100.00 MAREETING 113,755 113,755 7,376.55 27,198.35 3,880.00 82,676.65 72.68 SPECIAL EVENTS 91,870 91,870 4,9B9.13 32,930.88 480.00 58,459.12 63.63 EMPLOYEE BEBEFITS 263,661 263,661 39,898.72 67,954.18 0.00 195,706.82 74.23 DEBT SERVICE 2,301,853 2,301,853 0.00 0.00 0.00 2,301,853.00 100.00 TRANSFER OUT 3,854,480 3,854,480 0.00 0.00 0.00 3,854,480.00 100.00 TOTAL EXPENDITURES 9,100,000 9,100,000 223,692.95 760,225.98 125,723.93 8,214,050.09 90.26 REVENUES OVER/(UNDER) EXPENDITURES 0 0 5,017,145.07 7,866,195.63 i 125,723.93)( 7,740,471.70) 0.00 -1- 1-30-2015 01:23 PM BOYNTON BEACH CAA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 01 -GENERAL FUND % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS 8,100,000 81100,000 5,186,878.00 8,323,381.00 0.00 ( 223,381.00) 2.76 - TOTAL T.I.F.INCCME 8,100,000 8,100,000 5,186,878.00 8,323,381.00 0.00 ( 223,381.00) 2.76 - MARINA RENT & GRANT INC 01-42115 MARINA RENTS 100,000 100,000 0.00 30,775.86 0.00 69,224.14 69.22 01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0 0.00 1,303.75 0.00 ( 1,303.75) 0.00 01-42117 MARINA FUEL SALES 900,000 900,000 53,637.63 267,196.90 0.00 632,803.10 70.31 TOTAL MARINA RENT & GRANT INC 1,000,000 1,000,000 53,637.63 299,276.51 0.00 700,723.49 70.07 MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCA 0 0 0.00 691.67 0.00 ( 691.67) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 691.67 0.00 ( 691.67) 0.00 CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0 322.39 3,072.43 0.00 ( 3,072.43) 0.00 TOTAL MISCELLANEOUS 0 0 322.39 3,072.43 0.00 ( 3,072.43) 0.00 OTHER FINANCING SOURCES TOTAL REVENUES 9,100,000 9,100,000 5,240,838.02 8,626,421.61 0.00 473,578.39 5.20 dl 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE S EXPENDITURES REPORT (UNAUDITED) O1 -GENERAL FUND AS OF: JANUARY 31sT, 2015 LEGISLATIVE OF ORIGINAL A14ENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 7,500 7,500 0.00 0.00 3,500.00 4,000.00 53.33 01-51010-216 ADVERTISING 6 PUBLIC NOTI 6,500 61500 670.80 670.80 0.00 5,829.20 89.68 01-51010-225 ASSOC. MEETINGS 6 SEMINAR 8,750 8,750 225.00 2,438.48 0.00 6,311.52 72.13 01-51010-227 DELIVERY SERVICES 400 400 0.00 50.05 0.00 349.95 87.49 TOTAL PURCHASED/CONTRACT SERV 23,150 23,150 895.80 3,159.33 31500.00 16,490.67 71.23 SUPPLIES 01-51010-310 OFFICE SUPPLIES 01-51010-340 CELLULAR PHONES TOTAL SUPPLIES TOTAL LEGISLATIVE 500 500 0.00 78.77 0.00 421.23 84.25 1,200 1,200 31.19 93.57 0.00 1,106.43 92.20 1,700 1,700 31.19 172.34 0.00 1,527.66 89.86 24,850 24,850 926.99 3,331.67 3,500.00 18,018.33 72.51 -3- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) O1 -GENERAL FUND AS OF: JANUARY 31ST, 2015 ADMINISTRATIVE 9s OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE AZMAT*7ING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 195,116 195,116 15,071.58 63,103.23 0.00 132,012.77 67.66 01-51230-115 CAR ALLOEMCE 3,000 3,000 230.76 807.66 0.00 2,192.34 73.06 TOTAL PERSONNEL SERVICES 198,116 198,116 15,302.34 63,910.89 0.00 134,205.11 67.74 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 9,320 9,320 117.40 3,549.76 0.00 5,770.24 61.91 01-51230-226 MEMBERSHIP DUES 5,285 5,285 310.00 2,154.00 0.00 3,131.00 59.24 01-51230-227 DELIVERY SERVICES 750 750 14.48 14.48 0.00 735.52 98.07 01-51230-229 CAREER DEVELOPMENT 3,200 3,200 0.00 0.00 0.00 3,200.00 100.00 TOTAL PURCHASED/CONTRACT SERV 18,555 18,555 441.88 5,718.24 0.00 12,836.76 69.18 SUPPLIES 01-51230-310 OFFICE SUPPLIES 2,500 2,500 39.92 1,088.89 0.00 1,411.11 56.44 01-51230-315 POSTAGE 2,500 2,500 108.99 449.97 0.00 2,050.03 82.00 01-51230-340 CELLULAR PHONES 1,980 1,980 119.70 419.06 480.00 1,080.94 54.59 01-51230-355 SUBSCRIPTIONS 605 605 0.00 231.45 0.00 373.55 61.74 01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 57.50 0.00 442.50 88.50 TOTAL SUPPLIES 8,085 8,085 268.61 2,246.87 480.00 5,358.13 66.27 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 2,000 2,000 0.00 1,039.85 0.00 960.15 48.01 2,000 2,000 0.00 1,039.85 0.00 960.15 48.01 226,756 226,756 16,012.83 Mil 72,915.85 480.00 153,360.15 67.63 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 01 -GENERAL, FUND AS OF: JANUARY 31ST, 2015 FINANCE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES 170,295 170,295 13,163.20 55,943.55 0.00 114,351.45 67.15 TOTAL PERSONNEL SERVICES 170,295 170,295 13,163.20 55,943.55 0.00 114,351.45 67.15 PURCHASED/CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 200 200 0.00 175.00 0.00 25.00 12.50 01-51325-201 BAND( FEES 1,000 11000 65.36 145.93 0.00 854.07 85.41 01-51325-225 ASSOC. MEETINGS & SEMINAR 5,150 5,150 63.21 942.06 0.00 4,207.94 81.71 01-51325-226 MEL48ERSHiP DUES 820 820 0.00 0.00 0.00 820.00 100.00 01-51325-227 DELIVERY COSTS 500 500 14.48 155.30 0.00 344.70 68.94 01-51325-229 CAREER DEVELOPMENT 3,000 3,000 0.00 1,168.84 0.00 1,831.16 61.04 TOTAL PURCHASED/CONTRACT SERV 10,670 10,670 143.05 2,587.13 0.00 8,082.87 75.75 SUPPLIES 01-51325-310 OFFICE SUPPLIES 2,500 2,500 105.49 813.22 0.00 1,686.78 67.47 01-51325-340 CELLULAR PHONES 780 780 86.79 319.23 480.00 i 19.23) 2.47- 01-51325-355 SUBSCRIPTIONS 1,100 1,100 699.00 699.00 0.00 401.00 36.45 01-51325-360 BOOKS & PUBLICATIONS 700 700 0.00 0.00 0.00 700.00 100.00 01-51325-365 OFFICE PRINTING COSTS 300 300 0.00 0.00 0.00 300.00 100.00 TOTAL SUPPLIES 5,380 5,380 891.28 1,831.45 480.00 3,068.55 57.04 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL FINANCE 186,345 186,345 14,197.53 -5- 60,362.13 480.00 125,502.87 67.35 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE S EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 O1 -GENERAL FUND INSURANCES OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBEIM BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51410-213 GENERAL PROPERTY COVERAGE 109,500 109,500 0.00 87,148.13 0.00 22,351.87 20.41 TOTAL PURCHASED/CONTRACT SERV 109,500 109,500 0.00 87,148.13 0.00 22,351.87 20.41 TOTAL INSURANCES 109,500 109,500 0.00 87,148.13 0.00 22,351.87 20.41 -6- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 O1 -GENERAL FUND PROFESSIONAL SERVICES OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 147,000 147,000 19,377.00 27,072.94 5,602.50 114,324.56 77.77 01-51420-201 CONTRACT LEGAL 100,000 100,000 0.00 ( 12,676.84) 40,000.00 72,676.84 72.68 01-51420-204 CITY STAFF COSTS 15,000 15,000 266.00 532.00 13,968.00 1 500.00 3.33 TOTAL PURCHASED/CONTRACT SERV 262,000 262,000 19,643.00 14,92$.10 59,570.50 187,501.40 71.57 TOTAL PROFESSIONAL SERVICES 262,000 262,000 19,643.00 14,928.10 59,570.50 187,501.40 71.57 e►e 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 01 --GENERAL FOND AS OF: JANUARY 31ST, 2015 PLANNING OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 97,850 97,850 7,563.40 32,144.43 0.00 65,705.57 67.15 TOTAL PERSONNEL SERVICES 97,850 97,850 7,563.40 32,144.43 0.00 65,705.57 67.15 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 2,820 2,B20 250.03 1,742.29 0.00 1,077.71 38.22 01-51440-226 MEMBERSHIP DUES 1,800 1,800 0.00 629.00 0.00 1,171.00 65.06 01-51440-227 DELIVERY SERVICES 300 300 0.00 0.00 0.00 300.00 100.00 01-51440-229 CAREER DEVELOPMENT 4,200 4,200 0.00 93.54 0.00 4,106.46 97.77 TOTAL PURCHASED/CONTRACT SERV 9,120 9,120 250.03 2,464.83 0.00 6,655.17 72.97 SUPPLIES 01-51440-310 OFFICE SUPPLIES 1,500 1,500 32.49 243.40 0.00 1,256.60 83.77 01-51440-340 CELLULAR PHONES 900 900 49.56 144.70 0.00 755.30 83.92 01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00 01-51440-365 OFFICE PRINTING COSTS 3,500 3,500 0.00 430.86 0.00 3,069.14 87.69 TOTAL SUPPLIES 6,200 6,200 82.05 818.96 0.00 5,381.04 86.79 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 113,170 113,170 7,895.48 -8- 35,428.22 0.00 77,741.78 68.69 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 01 -GENERAL FUND AS OF: JANUARY 31ST, 2015 BUILDINGS & PROPERTY k OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 3,500 3,500 130.49 577.66 0.00 2,922.34 83.50 01-51620-201 PROPERTY TAXES & ASSOC. D 85,000 85,000 1,887.28 10,664.03 0.00 74,335.97 87.45 01-51620-205 RENTAL OF OFFICES 89,000 89,000 6,743.79 30,071.16 0.00 58,928.84 66.21 01-51620-20B EQUIPMENT LEASES 20,200 20,200 594.19 1,744.45 5,355.55 13,100.00 64.85 01-51620-209 PROPERTY MAINTF,NENCE COST 225,000 225,000 11,266.98 37,470.93 21,245.00 166,284.07 73.90 01-51620-224 SIGNAGE 20,000 20,000 510.40 1,840.40. 0.00 18,159.60 90.80 TOTAL PURCHASED/CONTRACT SERV 442,700 442,700 21,133.13 82,368.63 26,600.55 333,730.82 75.39 SUPPLIES 01-51620-325 ELECTRICITY COSTS 01-51620-326 WATER CHARGES TOTAL SUPPLIES CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY 15,000 15,000 733.79 2,508.02 0.00 12,491.98 83.28 15,000 15,000 509.30 2,121.40 0.00 12,878.60 B5.86 30,000 30,000 1,243.09 4,629.42 0.00 25,370.58 84.57 472,700 472,700 22,376.22 -9- 86,998.05 26,600.55 359,101.40 75.97 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 01 -GENERAL FUNDAS OF: JANUARY 31ST, 2015 MARINA OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURE$ BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 580 580 0.00 450.00 0.00 130.00 22.41 01-51630-209 PROPERTY MAINTENENCE 37,800 37,800 1,776.02 16,649.71 7,475.00 13,675.29 36.18 01--51630-241 MARINA FUEL MANAGEMENT 158,000 158,000 13,166.67 52,666.68 0.00 105,333.32 66.67 01-51630-242 MARINE FUEL STATION OVERH 28,360 28,350 2,044.13 6,758.21 0.00 21,601.79 76.17 TOTAL PURCHASED/CONTRACT SERV 224,740 224,740 16,986.82 76,524.60 7,475.00 140,740.40 62.62 SUPPLIES 01-51630-310 OFFICE SUPPLIES 500 500 209.98 369.89 0.00 130.11 26.02 01-51630-325 ELECTRIC COSTS 14,160 14,160 618.87 1,869.24 0.00 12,290.76 86.80 01-51630-326 WATER COSTS 3,600 3,600 470.16 810.46 0.00 2,789.54 77.49 01-51630-327 GASOLINE & DEISEL FUEL FU 745,000 745,000 70,092.95 183,171.30 0.00 561,828.70 75.41 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 1,020.55 3,902.02 0.00 8,097.98 67.48 TOTAL SUPPLIES 775,260 775,260 72,412.51 190,122.91 0.00 585,137.09 75.48 CAPITAL EXPENDITURES TOTAL MARINA 1,000,000 11000,000 89,399.33 266,647.51 7,475.00 725,877.49 72.59 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF. JANUARY 319T, 2015 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO P6 OF ORIGINAL ADEMED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 01-51650-210 CITY IT SUPPORT 25,000 25,000 0.00 0.00 23,257.88 1,742.12 6.97 01-51650-211 COMPUTER SOFTWARE & LICEN 1,500 1,500 0.00 288.24 0.00 1,211.76 80.78 01-51650-212 FINANCIAL SOFTWARE MAINTE 9,000 9,000 0.00 0.00 0.00 91000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 38,500 38,500 0.00 288.24 23,257.88 14,953.88 38.84 SUPPLIES 01-51650-330 TELEPHONE LIMES 8,560 8,560 475.36 1,820.48 0.00 6,739.52 78.73 TOTAL SUPPLIES 8,560 8,560 475.36 1,820.48 0.00 6,739.52 78.73 CAPITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 7,000. 7,000 501.81 2,274.19 0.00 4,725.81 67.51 TOTAL CAPITAL EXPENDITURES 7,000 7,000 501.81 2,274.19 0.00 4,725.81 67.51 TOTAL CCMMUNICATICNS & TECHNOLO 54,060 54,060 977.17 4,382.91 23,257.88 26,419.21 48.87 -11 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE i EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 O1 -GENERAL FUND CONTINGENCY $ OF ORIGINAL AMENDED KWTHLY YEAR-TO-DATE TOTAL UNENCUlIDERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUDIDERED BALANCE REMA KING PURCHASED/C0NTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 25,000 25,400 0.00 0.00 0.00 25,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 25,000 25,000 0.04 0.00 0.00 25,000.00 100.00 TOTAL CONTINGENCY 25,000 25,000 0.00 0.00 0.00 25,000.00 100.00 -12- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: .7ANUARY 31ST, 2015 O1 -GENERAL FUND MARKETING 4 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 64,450 64,450 5,002.00 19,750.06 0.00 44,699.94 69.36 TOTAL PERSONNEL SERVICES 64,450 64,450 5402.00 19,750.06 0.00 44,699.94 69.36 PURCHASED/CONTRACT SERV 01-57400-216 ADVERTISING & PUBLIC NOTI 6,000 6,000 0.00 1,240.00 0.00 4,760.00 79.33 01-57400-218 ANNUAL REPORT & BROCHURES 5,000 5,000 432.62 432.62 0.00 4,567.38 91.35 01-57400-225 ASSOC. MEETINGS & SEMINAR 4,020 4,020 142.00 1,394.31 0.00 2,625.69 65.32 01-57400-226 MEMBERSHIP DUES 3,325 3,325 0.00 75.00 0.00 3,250.00 97.74 01-57400-227 DELIVERY SERVICES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 01-57400-229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 0.00 1,500.00 100.00 01-57400-236 PHOTOGRAPHY / VIDEOS 15,000 15,000 1,700.00 3,515.20 3,400.00 8,084.80 53.90 TOTAL PURCHASED/CONTRACT SERV 39,845 39,845 2,274.62 6,657.13 3,400.00 29,787.87 74.76 SUPPLIES 01-57400-310 OFFICE SUPPLIES 1,500 1,500 39.93 386.67 0.00 1,113.33 74.22 01-57400-340 CELLULAR PHONES 960 960 60.00 240.00 480.00 240.00 25.00 01-57400-355 SUBSCRIPTIONS 1,000 1,000 0.00 4.95 0.00 995.05 99.51 01-57400-365 OFFICE PRINTING COSTS 6,000 6,000 0.00 159.54 0.00 5,840.46 97.34 TOTAL SUPPLIES 9,460 9,460 99.93 791.16 480.00 8,188.84 86.56 DEPRECIATION & AMORT TOTAL MARKETING 113,755 113,755 7,376.55 SRil 27,198.35 3,880.00 82,676.65 72.68 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 01 -GENERAL FUND AS OF: JANUARY 31ST, 2015 SPECIAL EVENTS OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 62,800 62,800 4,870.80 19,961.70 0.00 42,838.30 68.21 TOTAL PERSONNEL SERVICES 62,800 62,800 4,870.80 19,961.70 0.00 42,838.30 68.21 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 4,260 4,260 18.42 124.82 0.00 4,135.18 97.07 01-57500-226 MEMBERSHIP DUES 350 350 0.00 0.00 0.00 350.00 100.00 01-57500-229 CAREER DEVELOPMENT 1,750 1,750 0.00 0.00 0.00 1,750.00 100.00 TOTAL PURCHASED/CONTRACT SERV 6,360 6,360 18.42 124.82 0.00 6,235.18 98.04 SUPPLIES 01-57500-310 OFFICE SUPPLIES 1,500 1,500 39.91 428.20 0.00 1,071.80 71.45 01-57500-340 CELLULAR PHONES 960 960 60.00 240.00 480.00 240.00 25.00 01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00 TOTAL SUPPLIES 2,710 2,710 99.91 668.20 480.00 1,561.80 57.63 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 20,000 20,000 0.00 12,176.16 0.00 7,823.84 39.12 TOTAL CAPITAL EXPENDITURES 20,000 20,000 0.00 12,176.16 0.00 7,823.84 39.12 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 91,870 91,870 4,9B9.13 32,930.88 480.00 58,459.12 63.63 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE 6 EXPENDITURES REPORT (UNAUDITED) 01 -GENERAL FUND AS OF: JANUARY 31ST, 2015 EMPLOYEE BEBEFITS $ OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-59000-151 F.I.C.A. 36,715 36,715 2,831.60 11,835.97 0.00 24,879.03 67.76 01-59000-152 MEDICARE 8,587 8,587 649.93 2,718.45 0.00 5,868.55 68.34 01-59000-153 RETIREMENT PLAN 401(a) 116,401 116,401 30,840.00 31,090.00 0.00 85,311.00 73.29 01-59000-154 WORKERS CCmP INSURANCE 3,500 3,500 0.00 0.00 0.00 3,500.00 100.00 01-59000-155 HEALTH INSURANCE 74,088 74,088 5,128.34 20,513.36 0.00 53,574.64 72.31 01-59000-156 DENTAL INSURANCE 3,024 3,024 202.00 809.00 0.00 2,215.00 73.25 01-59000-157 LIFE INSURANCE 680 680 41.05 164.20 0.00 515.80 75.85 01-59000-158 SHORT / LONG TERM DISABIL 2,760 2,760 181.30 725.20 0.00 2,034.80 73.72 01-59000-159 UNEMPLOYMENT CHARGES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 01-59000-160 VISION INSURANCE 406 406 24.50 98.00 0.00 308.00 75.86 01-59000-161 COMPENSATED ABSENSES 15,000 15,000 0.00 0.00 0.00 15,000.00 100.00 TOTAL PERSONNEL SERVICES 263,661 263,661 39,898.72 67,954.18 0.00 195,705.82 74.23 TOTAL EMPLOYEE BEBEFITS 263,661 263,661 39,898.72 -15- 67,954.18 0.00 195,706.82 74.23 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE S EXPENDITURES REPORT (UNAUDITED) 01-GENERar. FUND A8 OF: JANUARY 31ST, 2015 DEBT SERVICE OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 2,301,853 2,301,853 0.00 0.00 0.00 2,301,853.00 100.00 TOTAL OTHER FINANCING USES 2,301,853 2,301,853 0.00 0.00 0.00 2,301,853.00 100.00 TOTAL DEBT SERVICE 2,301,853 2,301,853 0.00 0.00 0.00 2,301,853.00 100.00 -16- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE i EXPENDITURES REPORT (UNAUDITED) 01 —GENERAL FUND AS OF: JANUARY 31ST, 2015 TRANSFER OUT OF ORIGINAL AMENDED MONTHLY YEAR—TO—DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 3,854,480 3,854,480 0.00 0.00 0.00 3,854,480.00 100.00 TOTAL OTHER FINANCING USES 3,854,480 3,854,480 0.00 0.00 0.00 3,854,480.00 100.00 TOTAL TRANSFER OUT 3,854,480 3,854,480 0.00 0.00 0.00 3,854,480.00 100.00 TOTAL EXPENDITURES 9,100,000 9,100,000 223,692.95 760,225.98 125,723.93 8,214,050.09 90.26 REVENUES OVER/(UNDER) EXPENDITURES 0 0 5,017,145.07 7,866,1.98,63 d 125,723.93)( 7,740,471.70) 0.00 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) 02 -PROJECTS FUND AS OF: JANUARY 31ST, 2015 FINANCIAL SUMMARY EXPENDITURZ SUMMARY OPERATING EXPENSES 736,610 736,610 3,881.31 1,993.56 36,519.01 698,097.43 % OF CAPITAL OUTLAY ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET ECONOMIC DEVELOPMENT BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE RrMAZNING REVENUE SUMlARY PROJECTS AND PROGRAMS 421,000 421,000 16,755.75 287,367.18 15,000.00 118,632.82 FESTIVALS & EVENT INCOME 0 0 0.00 20,810.50 0.00 ( 20,810.50) 0.00 INVESTMENT INCOME 0 0 0.00 1,629.13 0.00 ( 1,629.13) 0.00 MISCELLANEOUS 0 0 0.00 11.13 0.00 ( 11.13) 0.00 OTHER FINANCING SOURCES 6,116,073 6,118,073 0.00 0.00 0.00 6,118,073.00 100.00 TOTAL REVENUES 6,118,073 6,118,073 0.00 22,450.76 0.00 6,095,622.24 99.63 EXPENDITURZ SUMMARY OPERATING EXPENSES 736,610 736,610 3,881.31 1,993.56 36,519.01 698,097.43 94.77 CAPITAL OUTLAY 3,507,963 3,507,963 17,864.69 48,035.70 75,255.00 3,384,672.30 96.49 ECONOMIC DEVELOPMENT 1,452,500 1,452,500 10,023.00 43,320.10 15,000.00 1,394,179.90 95.98 PROJECTS AND PROGRAMS 421,000 421,000 16,755.75 287,367.18 15,000.00 118,632.82 28.18 TOTAL EXPENDITURES 6,118,073 6,118,073 48,524.75 380,716.54 141,774.01 5,595,582.45 91.46 REVENUES OVER/(UNDER) EXPENDITURES 0 0 { 48,524.75)1 358,265.78){ 141,774.01) 500,039.79 0.00 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & 39XPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 02 -PROJECTS FUND % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING FESTIVALS & EVENT INCOME 02-44100 FESTIVAL & EVENT INCA 0 0 0.00 20,810.50 0.00 ( 20,810.50) 0.00 TOTAL FESTIVALS & EVENT INCA 0 0 0.00 20,810.50 0.00 ( 20,810.50) 0.00 INTERGOVERNMENTAL REV INVESTMENT INCOME 02-46100 INTEREST INCOME 0 0 0.00 1,629.13 0.00 ( 1,629.13) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 1,629.13 0.00 ( 1,629.13) 0.00 MISCELLANEOUS 02-48100 MISCELLANEOUS INCOME 0 0 0.00 11.13 0.00 ( 11.13) 0.00 TOTAL MISCELLANEOUS 0 0 0.00 11.13 0.00 ( 11.13) 0.00 OTHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 2,263,593 2,263,593 0.00 0.00 0.00 2,263,593.00 100.00 02-49900 TRANSFERS IN 3,854,480 3,854,480 0.00 0.00 0.00 3,854,480.00 100.00 TOTAL OTHER FINANCING SOURCES 6,118,073 6,118,073 0.00 0.00 0.00 6,118,073.00 100.00 TOTAL REVENUES 6,118,073 6,118,073 0.00 22,450.76 0.00 6,095,622.24 99.63 -19- 1-30-2015 01:23 PM 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 02-58100-202 CONTINGENCY EXPENSE 02-58100-203 CONTRACTUAL EXPENSE 02-58100-213 LEGAL FEES TOTAL PURCHASED/CONTRACT SERV BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 P6 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCL14BFMD BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 511,610 511,610 3,881.31 ( 8,059.01) 36,519.01 483,150.00 94.44 150,000 150,000 0.00 10,052.57 0.00 139,947.43 93.30 736,610 736,610 3,881.31 1,993.56 36,519.01 698,097.43 94.77 TOTAL OPERATING EXPENSES 736,610 736,610 3,881.31 6.11E 1,993.56 36,519.01 698,097.43 94.77 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE 6 EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 02 -PROJECTS FUND CAPITAL OUTLAY % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58200-401 BUILDINGS 790,024 790,024 0.00 0.00 0.00 790,024.00 100.00 02-58200-402 IMPROVEMENTS 215,850 215,850 0.00 ( 3,025.00) 0.00 218,875.00 101.40 02-58200-404 CONSTRUCTION IN PROGRESS 1,512,921 1,512,921 4,966.59 30,553.07 42,800.00 1,439,567.93 95.15 02-58200-405 SITE WORK AND DEMOLITION 100,000 100,000 12,898.10 15,798.10 0.00 84,201.90 84.20 02-58200-406 INFRASTRUCTURE AND STREET 889,168 889,168 0.00 4,709.53 32,455.00 852,003.47 95.82 TOTAL CAPITAL EXPENDITURES 3,507,963 3,507,963 17,864.59 48,035.70 75,255.00 3,384,672.30 96.49 TOTAL CAPITAL OUTLAY 3,507,963 3,507,963 17,864.69 48,035.70 75,255.00 3,384,672.30 96.49 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EIMMMITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 02 -PROJECTS FUND ECONOMIC DEVELOPMENT OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 1,182,500 1,182,500 0.00 0.00 0.00 1,182,500.00 100.00 02-58400-444 ECONOMIC DEVELOPMENT GRAN 150,000 150,000 0.00 ( 2,500.00) 15,000.00 137,500.00 91.67 02-58400-445 MARKETING INCENTIVES 120,000 120,000 10,023.00 45,820.10 0.00 74,179.90 61.82 TOTAL CAPITAL EXPENDITURES 1,452,500 1,452,500 10,023.00 43,320.10 15,000.00 1,394,179.90 95.96 TOTAL ECONOMIC DEVELOPMENT 1,452,500 1,452,500 10,023.00 43,320.10 15,000.00 1,394,179.90 95.98 -22- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 02 -PROJECTS FUND PROJECTS AND PROGRAMS 96 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58500-470 COMMUNITY SUPPORT PROJECT 100,000 100,000 0.00 ( 1,020.48) 0.00 101,020.48 101.02 02-58500-480 COMMUNITY SPECIAL EVENTS 321,000 321,000 16,755.75 288,387.66 15,000.00 17,612.34 5.49 TOTAL CAPITAL EXPENDITURES 421,000 421,000 16,755.75 287,367.18 15,000.00 118,632.82 28.18 TOTAL PROJECTS AND PROGRAMS 421,000 421,000 16,755.75 287,367.18 15,000.00 118,632.82 28.18 -23- 1-30-2015 01:23 PM BOYNTON BEACH CRA REVENUE 6 EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2015 02 -PROJECTS FUND TRANSFER OUT - ASSET TRA % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING USES TOTAL EXPENDITURES 6,118,073 6,118,073 48,524.75 380,716.54 141,774.01 5,595,582.45 91.46 REVENUES OVER/(UNDER) EXPENDITURES 0 0 ( 48,524.75)? 358,265.78)[ 141,774.01) 500,039.79 0.00 -24- BOYNTON{�p /� �BEACHB �v-� CRA BOARD MEETING OF: February 10, 2015 X� Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for January 2015. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: Administrative RECOMMENDATIONS: Approve the purchase order report. Susan Harris Finance Director Boynton Beach CRA Purchase Order Report Month: January 2015 Vendor Amount Funding Source Description Plan Update - Sidewalk Kimle -Horn $ 18,700 02-58100-203 Inventory Study T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPO RTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\February 201 MMonthly Purchase Order Report CRA BOARD MEETING OF: February 10, 2015 X I Consent Agenda I j Old Business I I New Business I I Public Hearing I J Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Boynton Beach Dive Center, LLC SUMMARY: Boynton Beach Dive Center, LLC is leasing the property located at 212 South Federal Highway. Applicant has applied for the CRA Commercial Facade Grant for reimbursement of the new business signage. The Commercial Fagade 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 fiends 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 Boynton Beach Dive Center, LLC for signage at the property located at 212 South Federal Highway, Boynton Beach, FL 33435 6�-- Mic ael Simon Assistant Director BOYNTON = = B EAC H October 1, 2014 — September 30, 2015 COMMERCIAL FAI;ADE IMPROVEMENT GRAIN PROGRAM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print or Type only - Use Additional Sheets If Necessary) Program Mules & Requirements The Commercial Fagade improvement Grant Program is designed to provide a financial incentive to help 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 of 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. I. PROGRAM RULES The following rules are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the extemal 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 redevelopment activity in the target area. The following rules are applicable to this program: The program is available only for property located within the CRA District 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 htb3 /w w.catchbo nton com 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 multl4amily units, apartment buildings and duplexes). The property owner must be the applicant, However, d 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 x of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 W Wy.otghboyuiop,-Corr. 4. Eligible improvements for this program include: e Painting * 5hutters • Awningstcanopies Decorative exterior fagade improvemerits Exterior doorstwindows Landscaping around the building • Irrigation • Parking lot repaving, re -sealing, re -striping • Exterior lighting Patio or decks cannecW to the binding • exterior waif repairs (e.g. stun, brick or wood repairs and replacement) ADA improvements Signage Fencing (excluding: chain link, garbed wire, and wood panels) o DemolRion of structure and (re)sodding of vacant property 5. All work must 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'Cty of Boynton Beach Development Department regarding the proposed worts to be performed prior to submitting a fagade grant application. 6. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, ca a 50% matching grant for eligible fade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Grant funds will be reimbursed exclusively for approved work, approved change orders and only 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 reimbursement. 8. The Commercial Fagade 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. Q. 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 result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Only one 30 day administrative extension will be permitted. initial/ WOMI Pago 2 of 7 710 Nortb Federal Highway, Boynton Hawk FL 33435 -phone 561-737-3256 Fax 561-737-3258 �.%—,w wakshbo omcom lt. APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 79 D North Federal Highway, Boynton Beach, FL 33435, phone 569-737-3256 or download the application from Mm-catchboynton.corn 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff 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 in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant 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 inspections, the CRA will inspect the work to determine the satisfactory completion of the worts. 5. Applicants may not have any outstanding City of Boynton Beach Gens 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. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Ili. REQUIRED APPLICATION DOCUMENTATION AND PROJECT INFORMATION All 81212111cable documents mut be afiached for the Application 12 be const eyed for 0912royal. 1. Written detailed description of the improvements provaments to be done to the property, oe W9 Form (attached), 3. Copy of Warranty Deed, COPY of lease (if applicable), g, 5. Pians or sketches if applicable, s B. Site plan and plant list for landscape projects, 5 7. Third -party cost estimates from three (3) licensed contractors, S. Estimated time line, 9. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), lnitials a" d Page, 3 of 710 North Federal Highway, Boynton Beech, FL 33435 Phone 561-737-3256 Fax 561-737-3258 mw,�catjC�hbayiA mx 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, 1Z Project color chips I material samples H applicable, and material specifications. IV. REIMBURSEMENT PROCESS 1. CRA has reoeived 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" vendodcontractor invoices along with a letter from each vendor/contractor stating that all invoices for the project have been paid in full and/or a release of lien from each vendor/contractor stating there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After~ photos. SUBMITTING AN APPLICATION IS NOT A GUARAN'T'EE OF FUNDING APPLICANT INFORMATION Name of Property Owner. ALVACkek ��vd Email Addr s: { Address of Property Owner: City/State: r ' t- Zip Code:334,35 Phone #Day: �?j—i Evening: J ? a. Legal description of the property to be improved: Initials_ r;z- Page 4 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 W%R'%V.tichbuti Aq4 n.CQm Name of Tenant: If Different from Property Owner , Email Address: Name of Business: Property Address: - �ePa1 t�W Where improvements are being made City/State: yn 1 Zip Code: ?J�J L4 3 J Phone # Day: { L-132- - 2 X59 C` Evening:5 rG I - y y 5 _- c,w 3a a- TYPe of Business: _CC�- r �n0i, Gao A S Years of Operation: Number of Employees: Annual _ . Payroll: ► Ono Number of Employees residing in Boynton Beach: List of proposed improvements: Sc f'1wy- r Initials f YC Page 5 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 1v�.cltc}iro �itnt�.ccsn SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. a I -Z ��a— a) ALA4� /r L %Iord's SignatureDa 9C.j)Qjk_' twe'r, Printed Name Title /j Lav�n+ lord's Signature--- Date �� C -5/19p- 14 A -45L(7 �LP� Printed Name Titin STATE OF 41'-7a)1ZQb,4 COUNTY OF ,WCC BEFORE ME, an officer duly authorized by law to administer oaths and taKe acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ; (& day of AWalhgf�, 20 �S NOTARY PUbEF TIMOTHY W. HEN SLEY My Commission Expires: w, Commission # FF 026328 s Expires October 15, 2117 aw*4 Nu Troy F* Inww" Page 13 of 13 710 Horth Federal highway, Boynton Beach, FL 33435 Phare 561-737-3256 Fax W-737-3260 (Property owner's signature must be notarized) Witness tf - (Date party Owder (Date) &a&4x-1 Z/ Witness (Date) Property Owner (Date) STATE OF lel t� rlc�C� COUNTY OF PO -lm AZ0C{g 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 tie/she executed the foregoing Agreement for the use and purposes mentioned in it and that the Insirument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this clay of Jan tA 201. NOTARY PUBLIC My Commission Expires_ ?.2 1 EuueM HENSLEY (, awuftft # FF 1246M Eqkw U*wjw a tots Pago 6 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www.catcl-lboynton_cnm (TenantBusiness owner's signature ust benotari Witness (Date) Te antBusi ess Owner (date) _ ess (Date) enant/Busine Owner (Date) STATE OF FLORIDA COUNTY OF Cd % bev- h BEFORE ME, an officer duly law to administer oaths and take S A&1.kfi u'o -i- Wr_F%V, tuU1-41f .%— ' , who is personally known to me or produced -&A408t 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 County aforesaid o NOTARY PUBLIC I Pave set my hand day of My Commission Expires: __V(l+11LA -4 official seal in the State and I .20,L S7 TRANG DAO NOTARY PUBLIC STATE OF FLORIDA comm# EES815M E=xpires 37!2017 SUBMITTING AN APPLICATION I5 NOT A GUARANTEE OF FUNDING I„mpto ement Grant Proarram and to�„comoly with its corrtent. Page 7 of 7 710 North Federal Highway, Boynton $each, FL 33435 -Phone 561-737-3256 Fix 561-737-3258 vn""W.catclikn,Yq �n.cann AmoELECTRL7MEDIA9 INC. CUSTOM CORPORATE I0E1%MF1CAMOIV Boynton Beach Dive Center 1128/2015 We are pleased to propose the following: Fabricate one set of 1" PVC letters. Letters to duplicate customer drawing with no illumination. Stud mount. High quality enamel finish. $2350.00 Cut and letter two 30" x 32" Max Metal panel signs. $360.00 Install above. $1272.00 Letter windows $500.00 Permits. $585.00 Total fo proposed contract. $5067.00 Sales tax to be applied as funds collected. A deposit of 50% will be necessary to execute contract. This quote valid for a period of 30 days. 1006 N. FEDERAL HIGHWAY, LAKE WORTH, FL 33460 a 5611347-0201 • V%/FS (551) 547-8125 • (BOO) B2B-7292 # FAX (56115B5 -62a5 E-MAIL.: ELECTROMEDLAOL.COM Modern Media 561-967-7631 Date: January 28, 2015 Job Number: 95682346 TO: Dive Center ITEM NO. I QTY I DESCRIPTION UNIT PRICE f TOTAL IV .......... ............. .............. ............. 11, 1 .00. VC Dimensional ................ ....... 2 2,860.06- ...... ..... .. ... .... .. — . ...... ........... ....... "; ........ * ......... - .... I— . ............................... ... ......... ­­­ ......... Epror: Wom .00 ax composilt signs 160.00 320.00 r........... 500.00 ................ T ............. 0,10it'................!t!.... 1bere ........... I ...... 11 .........:::::::::::::::a::::::: .......... ....... ......... .. .............. ...................... .............. ............... ....... .. ......... ........... .......................... . ...... ...... ..................... .... ................................ ........................................ ...... ....... ..... ...... .......... ................................... .......... .......................... ........... P, ........... . ......................... ........ . .............. ..... ............ ............... ..... .............. ....... H 04' IRACZ: .. ............. ...WIL .......... . ............. . Subtotal 4,190,00 Tax rate., 6% Tax 251.40 Total 4.441.40 Third Street Signs 561.374.9111 Date: January 29, 2015 Job Number: 160173R1 TO: Boynton Beach Dive Center Boynton Beach, Florida ITEM NO. QTY DESCRIPTION UNIT PRICE TOTAL tall aint 8 #PVC letters:.............. ........................ ........., 00.0...0.. ,000.00 . ... ........ ...................... ........:::.:::a:::;::: . ....2. Flush mount to wall .M WNl -71e.......!...........Rfi...de- ........ NS. ...... . .........." ..-.. ...)"k I .. I. .................. .............................. ......................... .:........................ ... o internal Illumination ............ .................... .................... npw mm a ........................................... 2.00 0" x 32" Max Metal signs 118.00 236.00 ............... ...... ................... .............. .................................................. ..... .... apron poon. installaflon ........................................... ............................. .. . ... .......... mss: erxi..6;1 ............................... ........... .... ..Ostof PqTPiq!!R- ....... ..... ...... .. ............ .... .. .......... ..... ........ P ........... ............. "P ...... ............. ......... * ­ ... ............ 1. 16 ................ �ermlt drawings 7&00.'.--.::. ......................... ....... ..... 76.00 ................. ................... .......................... P ......... .......... Mtffiif- �n .................... .............. ........... ................. .... .................... ........ - ...... jqq. ....... Pqqineer`s,seal _(R�q q1red.py 120.00 qRqp) ............ ........... ........ ...... .......... ............. - ....................... ......... ................... .......... ........... ........ .... ............... ................. . ............... 120.00 ........... ............. Terms: .. .............. .......... ............... Ubf... trn ................. . ........... . q;P.PQ :CM. ........... ................... ..... ........ ....... 50% Of sign costs upon issuance of permit .............. ................... ...................... .......... ......................... 13. anc�................... ............... ... ................ . .... .......................... ....... .............. ................ L-.- .......... , ................... . . . . . . . . . .......... ........ ... ... ... ........................ ........ ... .... ............. ....... ..... Subtotal :.3iO56-.00 1,34'.16 Tax rate: 6% rax raftl m Td 2015 CRA COMMENT LOG Niethud of Date I (' _ _tet Name Comment Re: Mer er; Free Beach Decals for Vets & Town 1/13/2015 Postcard Cliff Montross Square Project None i moan 186 sowdm gym. "AMo FOR . ra POO am KO W" I 0 �l9iilLa 1 y N ib ,*In �#r aT• W n AW ?I CAM MNA j/I Y1lQIV w 71 p 4FE-ocoq 1» A Y Bq,7 N"Sj AR a 3r 3 -J'.7 CRA BOARD MEETING OF: February 10, 2015 X J Consent Agenda I I Old Business J I New Business I j Public Hearing J 1 Other SUBJECT: Approval of Commercial Facade Improvement Grant applications from Yachtsmans Properties, LLC SUMMARY: Yachtsman Properties, LLC is the new owner of the Yachtsman Plaza shopping centers located at 1550 and 1600 North Federal Highway. The plazas are on two separate parcels of property. Each property has its own PNC. Please refer to the attached Property Appraiser's information for each parcel. The Commercial Fagade grant may be used one time, in any five year period, for any one property. Since the plazas are separate parcels, the owner is applying for a Commercial Fagade Grant for each parcel for eligible improvements up to a maximum grant total of $15,000.00 per parcel. Renovation costs for each parcel is $340,973. The total renovation will cost $681,946. FISCAL IMPACT: Project Fund line item: 02-58400-444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approval of the following: 1. Commercial Facade Improvement Grant application submitted by Yachtsmans Properties, LLC for 1550 North Federal Highway, Boynton Beach, FL 33435 in the maximum amount of $15,000.00 2. Commercial Facade Improvement Grant application submitted by Yachtsmans Properties, LLC for 1600 North Federal Highway, Boynton Beach, FL 33435 in the maximum amount of $15,000.00 Vivi roo s Executive Director PAPA Maps Search Search Results Detail View Property Record Owners YACHTSMAN PROPERTIES LLC Property detail Location 15 SON FEDERAL HWY 1 Municipality BOYNTON BEACH Parcel No. 08434522060000630 Subdivision COQUINA COVE IN Book 19025 Page 436 Sale Date AUG -2005 321 E HILLSBORO BLVD Mailing Address DEERFIELD BEACH FL 334413539 Use Type 1100 - STORES Total 16 772 Square Feet Sales Information Sales Date Price Tools Layers Print Messages Instructional Videos http://www pbcgov.com/papa/Asps/papagis/papagis.aspx?gvaluo-08... Gary R. ftht4 CPA MAN, m h -County 4 ��e X Murano -6 J WW PA PA of 1 2/10/2015 9:24 AM http://www.pbcgov.con /papa/Asps/PropertyDetail/PropertyDetail.asp... Galy R. Nikol ts, GFA PtojnrW } Paiih CoWty Location Address 1550 N FEDERAL HWY 1 Municipality BOYNTON BEACH Parcel Control Number 08-43-45-22-06-000-0630 Subdivision COQUINA COVE IN Official Records Book 19025 mage 436 Sale Date AUG -2005 Legal Description COQUINA COVE SEC 1 (LESS RD R/VV) Owners YACHTSMAN PROPERTIES LLC Homestead Exemption = wigs L * Mailing address 321 E HILLSBORO BLVD DEERFIELD BEACH FL 33441 3539 Sales Date Price OR Book/Page Sale Type Owner AUG -2005 $4,700,000 19025 /0436 WARRANTY DEED YACHTSMAN PROPERTIES LLC JUL-2005 $10 18990/1020 QUIT CLAIM BATMASIAN JAMES H JAN -1986 $100 05654 /0484 WARRANTY DEED JAN -1986 $750,000 04771 /0912 WARRANTY DEED SEP -1982 $202,000 03810/1178 WARRANTY DEED �2 $8,370 $7,887 $7,878 Total tax $42,067 No Exemption Information Available. Number of Units 0 *Total Square Feet 16772 Acres 1.6344 Use Code 1100 - STORES Zoning C3 - Community Commercial (08-BOYNTON BEACH) Tax Year 2014 2013 2012 Improvement Value $803,597 $751,273 $693,733 Land Value $684,796 $671,369 $671,369 Total Market Value $1,488,393 $1,422,642 $1,365,102 All values are as of January 1 st each year Tax Year 2014 2013 2012 Assessed Value $1,488,393 $1,422,642 $1,365,102 Exemption Amount $0 $0 $0 Taxable Value $1,488,393 $1,422,642 $1,365,102 Tax Year 2014 2013 2012 Ad Valorem $33,697 $32,293 $30,965 Non Ad Valorem $8,370 $7,887 $7,878 Total tax $42,067 $40,180 $38,843 1 of 1 2/10/2015 9:24 AM BOYNTON. =BE. A H rc PA October 1,201:4 —1 P'- 30, 2015 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is..$15,Up0 (Please Print or Typo Only - Use Addltloital Sheets N Necessary) Program Rules & Requi"'ments The Commercial Fagade Improvement Grant Program Is: designed to provide a financial incentive to help facilitate the exterior improvement of existing .commercial properties within #fie CRA District. Commercial propert)� within. the CRA Distdel may qualify for up to $15,o6o of CRA funding for approved exterior impr(yiiement projects. The grant is a matching, reimbursable grant providing corhm' eri;ial property owraershenants with a more visually appealing property. I. PROGRAM RULOS The following rules arae intended to Inform a potential grant applicant -of the extent and scope of the program. The purpose of the program 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 haft deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following rules are applicable to this. program: 1. The program is available only for property located within the CRA District 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 websitee httr ):llwww.catchbovnton.coni 3. The program is for commercial properties and businesses only. Residentially zoned properties are NOT eligible (this includes muki-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. iolale h ---,- Page 1 of 7 710 North Federal Highway, Boynton Beach, FL 33435 -hone 561-7373256 Fax 561-737-3258 www.Rlghboynton. 4. Eligible improvements for this program Include: Painting • Shutters • Awningstcanoples • 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 wail repairs (e,g. stucco, briak'or wood repairs and replacement) • ADA improvements • Slgnege s Fencing (excluding: chain link, barbed wire, and wood panels) • Demolition of structure and (re)ssdding of vacant property 6. All work must be done in complianoe with applicable City of Boynton Beach Building Codes and land Development Regulations. All contractors must be licensed in Boynton BeachlPalm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant applIcAtlon. B. Maximum Grant amounts: The CRA will provide, n a reimbursement bash, a 50% matching grantfor eligible fagade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. 7. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed 8ftr the grantee has received notification that the Grant Application alas been approved by the CRA Board. Any work completed prior to receiving grant approval is ineligible fbr reimbursement. S. The Commercial .Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grarits any time after five (5) years from pr6vbus grant approval, 9. The property owner, or tenant if applicable, must complete the fagade Improvement project and submit for reiriibursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Only one 30 day administrative extension will be permitted. Initials. -L- Pop 2 of 7 710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.QaichbgLnton.com A II. APPLICATION PROCESS 1. An applicant 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 www.datchboynton'.corn 2. An original application with ail materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be consideted on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is property time stamped to document receipt by the CRA. 3. CRA staff Will pe sent 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 .D attend the CRA Board Meeting In order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of 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 Inspections, the CkA will inspect the work to determine the satisfactory completion of the work. S. 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 Boyrrtori Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. REQUIRED APPLICATION DOCUMENTATION AND PROJECT INFORMATION 1. Written detailed description of the improvements to be done to the property. 2. W9 Form (attached), 3. Copy of Warranty Deed, 4. Copy of Lease (if applicable), S. Plans or sketches if applicable, 6. Site plan and plant list for landscape projects, 7. Third -party cost estimates from three (3) licensed contractors, a. Estimated time line, S. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), lriitials�' Page 3 of 7 710 North Federal Highway, Boynton Bewh, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www.catchboyntoM& m 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 / material- samples If applicable, and material specifications. N. REIMBURSEMENT PROCESS 1. CRA has received copies of executed contracts; canceled checks (front and back) and proof that the work has beers approved by the City of Boynton Beach Building Department. 2. CRA has recelved copies of final "paid In full' vendor/contractor invoices m along with a letter froeach vendor/contractor stating that all Invoices for the project have been paid in full and/or a release of lien from each vendor/contractor stating there are no: outstanding monies owed far the project 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 6. Applicant provides "~ photos. SUBMITTING AN APPLIOATION.lS NOT A GUARANTEE OF FUNDING Name of Property APPLICANT INFORMATION Owner: �aoJ hmy�P(cvnka�//.t Email Address: CA Address of Property Owner. (n' S r6}, ps City/state; Zip Code: o D Phone # Day: ( �- - 7 Evening: ! Lf b S Legal description of the properly to be Improved: :' Initials Page 4 of 7 710 Noah Federal Highway, Boynton Beach, FL 33435 -Ph= 561-737-3256 Fax 561-737-3258 cat , ton,com Name of Tenant: If Different from Property Owner Email Address: Name of Business: Property Address: Where improvements are being made. City/Stale: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: Annual Payroll:. Number of Employees residing in Boynton Beach: List of proposed improvements: in tiais(�-` Page 5 of 7 710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.catchbgynton.com (Property owner's sign, Witness (Date) Witness (Date) Property Owner (Date) STATE OF W COUNTY OF 4" Vaal. BEFORE ME, an officer hgdmcL ly.low to administer oaths and take acknowledgements, personally appeared A -14J 16- who is personally known to me or produced as identificatlon, 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 TH OREGOING, I- fret my hand 6T an glal seal in the State and County aforesaid on this d NOTARY My Commission Expires: RA711 r ;z 01S - MANN r GONZAM Nd181yft090 GOM 82D YeAt OuidMed In Now Fork GW& Terris EWra duly 11.2015 Page 6 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fox 561-737-3258 wWW.catchbg3gLt(m.cpM (Tenant/Business awnw's signature must be notarized) Witness (Date) Witness (Date) STATE OF FLORIDA COUNTY OF TenantBuslness Owner (Date) TenanUBusiness Owner (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared personally known to me or produced who isas Identification, and acknowledged he/she executed the foregoing Aoreemerrt for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this nay of 20 NOTARY PUBLIC My Commission Expires: .SVP- MIT. UN Page 7 of 7 710 North Federal Highway, Boynton Beech, FL 33$35 Phone 561-737-3256 Fax 561-737-3258 www.catchbovntoncorn http://www.pbcgov.corn/papa/Asps/PropertyDetaWropertyDetail.asp... Gary R. Nikolits, CFA VA k ftoperty I slier WPPakn4ekickc-ou'l1ty Location Address 1600 N FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08-43.45-22-20-000-0190 Subdivision YACHTMANS COVE Official Records Book 19025 Page 436 Sale Date AUG -2005 Legal Description YACHTMANS COVE LT 19 Owners YACHTSMAN PROPERTIES LLC Homestead Exemption = Mailing address 321 E HILLSBORO BLVD DEERFIELD BEACH FL 33441 3539 U. * Sales Date Price OR Book/Page Sale Type Owner AUG -2005 $4,700,000 19025 /0436 WARRANTY DEED YACHTSMAN PROPERTIES LLC DEC -1984 $700,000 04424 /0050 WARRANTY DEED MAY -1981 $180,000 03529 /1098 WARRANTY DEED No Exemption Information Available. Number of Units 0 *Total Square Feet 15250 Ac_cL�, 1.5393 Use Code 1100 - STORES Furring C3 - Community Commercial (08-BOYNTON BEACH ) Tax Year 2014 2013 PC) T7 Improvement Value $726,346 $679,836 $626,651 Lizod Value $644,927 $632,282 $632,282 Total Market Value $1,371,273 $1,312,118 $1,258,933 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax All values are as of January 1 st each year 2014 2013 $1,371,273 $1,312,118 $0 $0 $1,371,273 $1,312,118 2014 2013 $31,046 $13,033 $44,079 $29,784 $12,611 $42,395 2012 $1,258,933 $0 $1,258,933 2012 $28,557 $12,564 $41,121 I of 1 2/10/2015 9:24 AM PAPA Maps Search Search Results Detail View Property Record Owners YACHTSMAN PROPERTIES LLC Property detail Location 1600 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No. 08434522200000190 Subdivision YACHTMANS COVE Book 19025 Page 436 Sale Date AUG -2005 321 E HILLSBORO BLVD Mailing Address DEERFIELD BEACH FL 33441 3539 Use Type 1 100 - STORES Total 15250 Square Feet Sales Information Sales Date Price Tools Layers Print Messages Instructional Videos lofl http://www.pbcgov.com/papa/Asps/papagis/papagis.aspx?gvalue=08... aQl'jl R. N►kOi'1� t�, �tc*jntv 10 9 2/10/2015 9:24 AM OYNTOKtr =BEA October 1, 2014 — September 30, 2015 COMMERCIAL FAQADE IMPROVEMENT GRANT PROGRAM Boynton Beach Community Redevelopment ,Agency Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets N Neceaaary) Program Rules & Requirements The Commercial Fagade Improvement Grant Program is designed to provide a financial Incentive to help 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 of CRA funding for approved exterior improvement projects. The grant Is a matching, reimbursable grant providing commercial property owneraJtenan#s with a more visually appealing property. I. PROGRAMA RULES The following rules are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program 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 redevelopment activity In the target area. The following rules are applicable to this program: 1. The program Is available only for property located within the GRA District 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 httpj&ww.catchboWton.com All proposed exterior Improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for "rior Improvements based upon the CRA Design Guldeflnes. 3. The program is for commercial properties and businesses only. Residentially zoned properfles are NOT eligible (this includes much -family units, apartment buildings and duplexes). The property owner must be the applicant. However, N 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 G--, Page 1 of 7 710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.gatc ba ty tmx 4. Eligible improvements for this program include: • Painting • Shutters Awnings/canopies Decorative exterior fagade improvements • Exterior dooraWndows • Landscaping around the building • Irrigation Parking lot re -paving, re -sealing, rye -striping f Exterior lighting Patio or decks connected to the building • ExWor wall repairs (e.g. stucco. brick or wood repeirs and replacement) • ADA Improvements Signage + Fencing (excluding: chain link, barbed wire, and wood panels) • Demolition of structure and (re)sodding of vacant property 5. All work must be done in compilance 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 wolfs to be performed prior to submitting a fagade grant application. 6. Maximum Grant amounts: The CRA will provide, on a reim ursement WEIs, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. 7. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for worts that has been performed S r 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 reimbursement. 5. The Commercial Facade 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 result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Only one 30 day administrative extension will be permitted. !nitials�'' Page 2 of 7 714 North Federal Highway, Boynton Beach, FL 33435 Atone 561-737-3256 Fax 561-737.3258 www t • t om 11. APPLICATION PROCESS 1. An applicant 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 www.catchboynton.com 2. An original application with all materials is to be retumed to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff 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 In order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement Grant Program and funding. In addition to the appropriate City of Boynton Beach building inspections, 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. B. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. III. REQUIRED APPLICATION DOCUMENTATION AND PROJECT INFORMATION ' Written detailed description of the improvements to be done to the ..Z M9 Form (attached), Copy of Warranty Deed, Copy of Lease (if applicable), Plans or sketches If applicable, ,V Site plan and plant list for landscape projects, Third -party cost estimates from three (3).11censed contractors, Estimated time line, Evidence of financial ability to pay for the project (approved loan, casts account, line of credit, etc.), Initlals '�— Page 3 of 7 710 Worth FcdtW Highway, Boynton Basch, FL 33435 Phone 561-737-3256 Fax 541-737-3258 wn,wx tc:hbo t .com 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 N applicable, 12. Project color chips 1 material samples N applicable, and material specifications. IV. REIMBURSEMENT PROCESS 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. GRA has received copies of final "paid in full' vendor/corttractor Invoices along with a letter from each vendor/contractor stating that all invoices for the project have been paid in full and/or a release of lien from each vendor/contractor stating there are no outstanding monies owed for the project. 3. CRA has recal ed copies of final inspection approvals for all permit required work. 4. Entine scope of work for eligible items is completed. 5. Applicant provides "After" photos. SUBMITTING AN APPLICATIONIS NOT A GUARANTEE -.OF FUNDING APPLICANT INFORMATION Name of Property f_ L Owner: A Ly1"LSmrh% P'fb J) t -4I to 1..1.L Email Address: G, Address of Property Owner: v SimjUs } I s h, 1.t tq_ 6tsm' i Y X54, 103 City/State: 4 I., Y. zip Code: CL Phone 4 Day: Evening: ( �� a� � (W Legal description of the property to be improved: IniU0 � Page 4 of 7 710 North Fedual Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 ww ton.cosn Name of Tenant: if Dii'fferent from Property Owner Email Address: Name of Business; Property Address: Where Improvements are being made. City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach; Iris# of proposed Improvements; lrjlials 'q-- Page 5 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www,cat0ib, a t n. (Property awmes signature be notarized) ak 1S Witness (Date) erty Owner (at } Witness (Date) STATE OF YO� COUNTY OF Property Owner (Date) BEFORE ME, an officer dulv auth ized law to administer oaths and take acknowledgements, personally appeared l.ej I%— who is personally kn to me or produced ) tkv%-� as identification, and aGcnowiedged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the Instrument Is hlsftr sot and deed. IN WITNESS OF THE aforesaid on this NOTARY PUBLIC My commission WAEZ Notary PubI� fttis ftk INo. OiGC1amew QuaWW In New York coft Term ENiim ,July 11.2M my hand and off joial seal in the State and County 20 Page 6 of 7 710 North FWard Highwq, Baynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 WWw.catchbnWton.com Witness (TenantBusiness owner's signature must be notarized) (Date) Witness (Date) STATE OF FLORIDA COUNTY OF Tenant/Business Owner (Date) Tenant/Business Owner (Date) 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, I have set my hand and official seal in the State and County aforesaid on this day of _ 20 NOTARY PUBLIC My Commission Expires: SURMITTING' AN APPLICATION. IS NOT A GUARANTEE OF FUNDING Page 7 of 7 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-7373256 Fax 561-737-3258 www.catchhp toyn from m . y 40 C6 lay. 71 %a wa IL Say IL L I A ■ ,, A i '," " -ate CD � �\� . /� -�� � � \�� im r.00m-01, i C'%j Prepared By and Return To: Jamie H. Ritter CFM 20150002818 Standard Title Insurance Agency, Inc. OR BK 27258 PG 0086 1860 Forest Hill Blvd., Suite 107 RECORDED 011@6/2015 09:20-.24 West Palm Beach, FL 33406-6086 Palm Beach County, Florida MT 3, 412, 5N. ft File Na I 7 Doc Stasp 23, 857.58 Sharon R. Dock, CLERK i C(M?TROLLER Pgn BR86 - 881 t3pgo) �o ..-----------------..,-----------------------------___. a WARR4N7Y DEET) {STATUTORY FORM -SECTION 689.02 F.S.} THIS INDE '� , made this 3 0 day of December, 2014, BETWEEN Banyan DevelopmeLC, fllcla Yachtsman Properties, LLC, a Florida limited liability company Grantor*, whose address is 4NW 28th Way, Boca Raton, FL 33434, and Yachtsm perties, LLC, a Delaware limited liability company a Grantee*, whose address is do Sta€7�sulting, LLC, 80 Business Park Dr, Ste 103, Armonk, NY 10504. (Wherever used herein the terms "grantor" and "shall include all the parties to this instrument card the heirs, legal representatives and assigns of individuals, and the successors a ndr=#W of corporations.) WITNESSETH: That said t_"rrantor,l inconsideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to sai bor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, ses, releases, conveys and confirms unto the said Grantee the following described [and, situate, lying and 1&Palm Palm Beach County, Florida, to -wit-, See attached Exhibit "A" SUBJECT TO restrictions, resemtians, easements and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging in or anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Book272581Page86 Page 1 of 3 AND Ch4ereby covenants with said Grantee that the Grantor lawfully seized of said land in fee simple; that the Grangood right and lawful authority to sell and convey said land, and hereby warrants the title to said land and end the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbran cept taxes accruing subsequent to the previous year. IN WIT)WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and deQ� in our presence. r it Signature Print Witness Name Witness Si azure r' fhab,C Print Witness Name STATE OF FLORIDA COUNTY OF Falr- Bea, � Banyan Development, LLC, Mda Yachtsman Properties, LLC, a Florida limited liability company 'Kirk Grantham, Its Attorney in Fact The foregoing instrument was acknowledged before me this qO 41'' day of December, 2014, by Kirk Grantham, its Attorney in Fact on behalf of the company. He/she ( js personally known to me or ( ) has produced as identification. [N. P. SEAL] .IAAME RtnER � "°r"R""u.un'sv"a°FF`,°"w" Public cobs Lissa # FSFas+se4 EXPIRES 10121=7 Print Name: Commission No.:_ Date of Expiration: Book27258IPage87 Page 2 of 3 Exhibit "A" Marcel No. 1: C� Vt '9, Yachtman's Cove, according to the plat thereof as recorded in Plat Book 31, P 5, Public Records of Palm Beach County, Florida. Propet�y C ntrol No.: 09-43-45-22-20-000-0190 Parcel No. 2V�, Section 1, Coq ' -' ve, according to the plat thereof as recorded in Plat Book 24, Page 14, Public of Palm Beach County, Florida, Less the right of way for U.S. Highway #1 Road 5), as recorded in O.R. Book 606, Page 198, more particularly descri $}follows: That part of Section 1, C Cove, according to the plat thereof as recorded in Plat Book 24, Page 14,Records of Palm Beach County, Florida, being in Section 22, Township 45 So ge 43 East, being more particularly described as follows: �� Beginning at a point on the North line of and 266.49 feet N 89°25'00"W of the NE corner of said Section 13 said point being a point on a curve concave to the East, and having a tangent bearing of S 07°5923" W through said point, run Southerly along said curve, having a central angle of 04°48'00" and a radius of 7589.49 feet, a distance of 265.66 feet through an angle of 02100'20" to a point of compound curve; thence Southeasterly on a curve, having a central angle of 95°20'03" and a radius of 12 feet, a distance of 1997 feet to the end of said curve and a point on the South line of said Section 1; thence N SV30'00" W along said South line a distance of 11.65 feet to the beginning of a curve to the right; thence Northwesterly on said curve, having a central angle of 94°24'31" and a radius of 25 feet, a distance of 41.19 feet to a point of compound curve; thence Northeasterly on said curve, having a central angle of 05°37'00" and a radius of 5679.65 feet, a distance of 250.06 feet through an angle of 02°31'21" to the NW corner of said Section 1; thence S 89125'00" E along the North line of said Section 1, a distance of 29.24 feet to the POINT OF BEGNNING, Property Control No.: 08-43-45-22-06-000-0630 Book272581Page88 Page 3 of 3 PROPERTY RENDERING 11 'Q A 0: O J k x U m N O 0.a 0 m 3 0° w hT IL IMPROVEMENT DESCRIPTION YACHTSMANS PLAZA Capital Expenditures DESCRIPTION AMOUNT Roof $ 141,300 Landscaping $ 35,758 Exterior Paint $ 38,500 Exterior Lighting $ 10,000 Signage $ 10,000 Parking Lot $ 116,104 Awning $ 50,000 Electrical and Plur $ 50,000 Misc. / Contingen $ 100,000 Interior White Bo: $ 130,284 TOTAL $ 581,946 TIMELINE SCOPE OF WORK FOR 1550 & 1600 Yachtsman Properties, LLC. VENDOR: Top Notch Landscaping IL Design, Inc. PROJECT, 1650 —1800 N Federal Hwy Boynton Beach, FL 33435 TRADE: J ALL TRADRS EXHIBIT A JOB No.: 141801 DATE: January 2B, 2015 PAGE: 1 of 1 SCOPE OF WORK The Scope of Work fo'this Subcontract includes. but is not limited to, the following: 1. This schedule is a flat of principal items only. Refer to drawing detatis and specifications for Items not speclt Wly scheduled. 2. Forman to attend weekly Job Safety / Schedule meetings. 3. Comply with OSHA safety requirements. 4. Provide all required scaffolding, hoisting and rigging required by work of this subcontract. 5. All debris will be stockpiled on a daily basis. 6. Provide field measurements and verifications of existing conditions. 7. Deliveries are to be coordinated with Yachtsman Properties, LLC. 8. Subcontractor shall be held responsible for damage to remaining properties resulting from work of this subcontract. 9. Provide flagman for vehicle and pedestrian traffic safely control as required for work of this subcontract. 10. Coordinate with other trades as required. 11. Provide samples, shop drawings, product data, test reports, certificates, mix designs, etc. 12. Provide warranties / guarantees for work of this subcontracL 13. Provide all layouts required for work of this subcontract. 14. Subcontractor acknowledges aril accepts that with the exception of work specified, subcontractor has Included in its base bid all Items indicated / required and specified for a complete installation for work of this subcontract. 15. Subcontractor will provide the necessary manpower to mast or exceed aff scheduled deadlines. 16. Perform all work in strict accordance with the rules and regulations of governing authorities. 17. Provide all storage, handling and protection as required. 18. Clean up debris generated by work of We; subcontract 19. The subcontractor shall employ labor and purchase materials from sources under terms and conditions that will foster good and harmonious labor relations at the projects. SCOPE OF WORK SOUTH PLAZA 20. Tree trimming work, some crown reduction as needed, canopies elevated and thinned out, removing deadwood and select secondary limbs (inventory by John Ross, TNT, 9-10-14) A) (7) Black Olive Trees assorted sizes B) (5) Mahogany trees assorted sizes C) (3) Live Oak trees 21. Total site clearing of existing hedges Included soil needed to back fill areas after excavation work (up to 40 yds composted soil). Limited ficus hedges to be lett alone will be marked prior to job commencement by J Rasa and S Moskin. (570) Total hedges removed 22. South side of building #1550: Misc. Palms and small evasive trees against building to be removed and stumps dug out and/or ground below surkcs SUBCONTRACTOR INITIALS: DATE: Page 2 of 2 23. Landscape materials delivered and installed: 90 day guarantee on new plantings, l year guarantee on new trees with proper watering A) (490) Clusia Rosa hedges, 3 Galton (27-24" HT.) B) (144) Green Island Ficus, 3 gallon 0) (48) Croton Mammy 3 gallon 24. Fast Side rear wall of building #1550. mature trees (8) tots canopies cut back away from parking lot Area clued up removing vines and evasive plants. 25. Existing: (2) Washington Pakns to be trimmed, (2) Washington palms to be transplanted 26. To be installed: (2) Foxtal Palms, Double, 12'-15' HT., (2) A+dnonia Palms, Double, 9'-11' HT. SCOPE OF WORK NORTH PLAZA 27. Tree trimming work, some crown reduction as needed, canopies elevated and thinned out, removing deadwood and select secondary limbs (inventory by John Ross, TNT, 9-10-14) A) (6) Black Olive Trees assorted sizes B) (3) Mahogany trees C) (3) live Oak trees 28. Removal of (310) existing hedges Included soil needed to back til areas after excavation work (up to 28 yds composted sol.) 29. Fast Wall, Back of building: Vegetation cleaned up, deadwood out, lateral cut inside along entire length and (3) assorted stumps ground out 30. Landscape materials delivered and installed: 90 day guarantee on new plantings, 1 year guarantee on new trees with proper watering 31. Royal Palms'Erdranc e . (6) Royal Palms to be trimmed and soil added to base of palms, (72) Green Island ficus installed (12 per Royal Palm 32, Bullnose Plantings delivered and Installed: A) (220) Green Island Fan 3 gator► B) (33) Croton 'Mammy' 3 gallon C) (25) Foxtail Fem. 3 gallon 33. Perimeter plantings: (300) C2usla Rosa. 3 salon SUBCONTRAC'i'aR 1i1iUMM: DATE: Yachtsman Properties, LLC, VENDOR: CGS Flooring Co PROJECT: 1550 —1600 N Federal Hwy Boynton Beach, FL 33435 TRADE: ! FLOORING EXHIBIT A JOB No.: 141601 DATE: January 29, 2015 PAGE: 1 of 1 §&-0-EF= OF WORK The Scope of Work for this Subcontract includes, but is not limited to, the following: I. This schedule Is a list of principal items only. Refer to drawing detafk and specifications for items not specifically scheduled. 2. Forman to attend weekly Job Safety I Schedule meetings. 3. Comply with OSHA safety requirements. 4. Provide all required scaffolding, hoisting and rigging required by work of this subcontract. 5. AN debris will be stockpiled on a daily basis. 6. Provide field measurements and verifications of existing conditions. 7. Deliveries are to be coordinated with Yachtsman Properties, LLC. 13. Subcontractor shall be held responsible for damage to remaining properties resulting from work of this subcontract. 9. Provide flagman for vehicle and pedestrian traffic safety control as required for work of this subcontract. 10. Coordinate with other trades as required. 11. Provide samples, shop drawings, product data. test reports, certificates, mix designs, etc. 12. Provide warranties 1 guarantees for work of this subcontract. 13. Provide all layouts required for work of this subcontract. 14. Subcontractor acknowledges and accepts that with the exception of work specked, subcontractor has included in its bees bid all items indicated / required and specified for a complete Installation for work of this subcontract. 15. Subcontractor will provide the necessary manpower to most or exceed all scheduled deadlines. 16. Perform all work In strict accordance with the rules and regulations of governing authorities. 17. Provide all storage, handling and protection as required. 18. Clean up debris generated by work of this subcontract. 19. The subcontractor shall employ labor and purchase materials from sourroes under terms and conditions that will foster good and harmonious labor relations at ths projects. 20. The supply of off labor and materials Is included in the proposal 21. T/bar calling appro)omately 29,000 SF at $2.30 per SF 22. 2'X4' fluorescent and hi -hats removal and stucco, repairs 23. Demo for walls and ceilings estimated $500.00 per Unit, (30) Units 24. AN repairs from moved walls, wall racks, water damages estimated $15,000.00 25. Trash Disposal estimated $2500.00 26. All units to be finished ready for primer 27. Any flooring repairs not included In this proposal SUBCONTRACTOR INITIALS: DATE: Yachtsman Properties, LLC. VENDOR: Adria Painting. Inc. PROJECT: 1550 —1600 N Federal Hwy Boynton Beach, FL 33435 TRADE: ( EXTERIOR PAINTING EXHIBIT A JOB No.: 141601 DATE: January 29, 2015 PAGE: 1 of 1 aGPEE OF WORK The Scope of Work far this Subcontract Includes, but Is not limited to, the fallowing: 1. This schedule Is a fist of principal Items only. Refer to drawing details and speoMcadons for Nems not specifically scheduled. 2. Forman to attend we" Job Soft 1 Schedule meetings. 3. Comply with OSHA safety requirements. 4. Provide all required scaffolding, hoisting and rigging required by work of this subcontract.. 5. All debris will be stockpiled on a daily basis. 6. Provide field measurements and verifications of existing conditions. 7. Deliveries are to be coordinates with Yachtsman Properfies, I.L.C. 8. Subcontractor shall be held responsible for damage to remaining properties resulting from work of this subcontract. 9. Provide flagman for vehicle and pedestrian traffic safety control as required for work of this •subconh cL 10. Coordinate with other trades as required. 11. Provide samples. shop drawings, product dais, test reports, Certificates, mix designs, etc. 12. Provide warranties 1 guarantees for work of this subcontract. 13. Provide all layouts required for work of this subcontract. 14. Subcontractor acknowledges and accepts that with the exception of work specified, subcontractor has included In its base bid all items indicated 1 required and specified for a complete installation for work of this subcontract. 15. Subcontractor will provide the necessary manpower to meet or exceed all scheduled deadlines, 16. Perform all work In strict accordance with the rules and regulations of governing authorities. 17. Provide all store, handling and protection as required. 18. Clean up debris generated by work of this sLtwomaa 19. The subcontractor shall employ labor and purchase materials from sources under terms and conditons that will foster good and harmonious labor relations at the projects. 20. Pressure wash all exterior wags, roof tides and catwalks. 21. Apply sealer to all vertical exposed stucco walls 22. Apply 'I OD% acrylic finish paint to all stucco surfaces 23. Apply two coats of concrete stag (sealer) to all catwalks 24. Apply two coats of roof paint to all barrel goof tiles 25. Store fronts and roofs shall be painted in multi -color sections at above listed shopping plaza SUBCONTRACTOR INITIALS: DATE: Yachtsman Properties, LLC. VENDOR: The Paving lady, Inc. PROJECT: 1550 —1600 N Federal Hwy Boynton Beach, FL 33435 TRADE: I PAVING EXHIBIT A JOB No.: 141601 DATE: January 2g, 2015 PAGE: 1 of 1 SCOPE OF WORK The Scope of Work for this Subcontract includes, but is not limited to, the following: 1. This schedule is a list of principal items only. Refer to drawing details and specifications for hems not specifically scheduled. 2. Forman to attend weekly Job Safety 1 Schedule meetings. 3. Comply with OSHA safety requirements. 4. Provide all required scaffolding, hoisting and rigging required by work of this subcontract. 5. All debris will be stockpiled on a daily basis. 6. Provide field measurements and verifications of existing conditions. 7. Deliveries are to be coordinated with Yachisman Properties. LLC. 8. Subcontractor shah be held responsible for damage to remaining properties resulting from work of this subconiracL 9. ProMe flagman for vehicle and pedestrian traffic safety control as required for work of this subconiradt. 10. Coordinate with other trades as required. 11. Provide samples, shop drawings, product data, test reports, certificates, mix designs, etc. 12. Provide warranties I guarantees for work of this subcontract: 13. Provide all layouts required for work of this subcontract. 14. Subcontractor acknowledges and accepts that with the exception of work specified, subcontractor has Included In its base bid all items indicated / requite and specified for a complete Installation for work of this subcontract. 15. Subcontractor will provide the necessary manpower to meet or exceed all scheduled deadlines. 16. Perform all work In strict accordance with the rules and regulations of governing authorities. 17. Provide all storage, handling and protection as required. 18. Clean up debris generaied by work of this subcontract. 19. The subcontractor shah employ labor and pur mse materials from sources under terms and conditions that will foster good and harmordous labor relations at the projects. 20. Remove existing car stops prior to; relocate re -pin with now r+ebar after paving 21. Patchwork — damaged areas to be sawed cut, excavated, hauled away, repaved with hot mix asphalt. Approximately 2,505 SF of root damage and pot holes 22. Mill for flush to in — approximately 400SF 23. Approximately 5424 SY of existing asphalt to be overlaid with 1'/a new hot mix asphalt compacted to 1" average, then rolled to existing grade 24. Delver and install (3) new handicap signs on new poles 25. Deliver and inatah (3) new Hi -intensity STOP signs 26. Deliver and alt (2) man hole riser rings 27. Crack fill where necessary — approximately 500 LF 28. Install (4) new valves over exposed PVC cieanouts SUBCONTRACTOR INITIALS: DATE: Page 2 of 2 29. In palet ordy: (64) double stat lines, (64) car stops, (3) handicap stalls, (2) stop bars, (208 LF) of V Imes 30. Repairs Include dirt and low area on north side alley going to bacic of the property 31. Price includes both front and back of property 32. Replace approximately 380 LF of asphalt curbing: NOTE: if all existing curb is rewroed and replaced with Type D modffied VX 12" concrete curb add $22.40 per linear foot. Approximately 850 LF SUBCONMACPQR IIEMW: E *7M4 Yachtsman Properties, LLC. VENDOR: Polo International, Inc. PROJECT: 1550 —1600 N Federal Hwy Boynton Beach, FL 33435 TRADE: I ROOFING EXHIBIT A JOB No.: 141601 DATE: January30, 2015 PAGE: 1 of 1 SCOPE OF WORK The Scope of Work for this Subcontract includes, but is not liunited to, the following: 1. This schedule is a fist of principal Hems only. Refer to drawing details and specifications for hems not specifically scheduled. 2. Forman to attend weekly Job Safety 1 Schedule meetings. 3. Comply with OSHA safety requirements. 4. Provide all required scaffddtng, hoisting and rigging required by work of this subcontract. 5. All debris will be stc0piled an a daily basis. 6. Provide field measurements and verifications of existing conditions. 7. Deliveries are to be coordinated with Yachtsman Properties, LLC. 6. Subcontractor shall be held responsible for damage to remaining properties resulting fmm work of this subcontract. 9. Provide flagman for vehicle and pedestrian traffic safety control as required for work of this suboontrect: 10. Coordinate with other trades as requited. 11. Provide samples, shop drawings, product data, teat reports, certillcafss, mix designs, etc. 12. Provide warranties 1 guarantees for work of this subcontract. 13. Provide all layouts required for work of this subcontract. 14. Subcontractor acknowledges and accepts that with the exception of work specified, subcontractor has included in its base bid all items Indicated 1 required and specified for a complete installation for work of this subcontract. 15. Subcontractor will provide the necessary manpower to most or exceed all scheduled deadlines. 16. Perform all work in strict accordance with the rules and regulations of governing authorities. 17. Provide alt sage, handling and protection as required. 18. Clean up debris generated by work of this subcontract. 19. The subcontractor shelf employ labor and purchase materiels from sources under terms and conditions that will foster good and harmonious labor relations at the projects. 20. Supply or all labor, material, equipment and supervision included in proposal 21. Coordinate pre construction meeting with facility director to go over scheduling, and facility rules and regulations 22. Conduct OSHA Safety meetings prior to commencement of each work day 23. Jobsits will be left neat and dean on a daily basis 24. Pressure dean roof ties 25. Repair all damaged roof Iles, drip edge and stucco soffit. 26. Apply a cementlous slurry cost to roof mastic color to be as specified 27. Apply one coat of bonding primer 1 sealer 28. Apply one final coat of acrylic satin finish roof paint with color as specified 29. The waterproofing system will be by Acrylux Manufactures of Quality Coatings 30. Preparation of existing roofing surface at 1550 N Federal Hwy, which included pressure washing entire roof SUBCONTRACTOR INITIALS: DATE: Page 2 of 2 31. Preparation of existing roofing surface at 1800 N Federal Hwy, which Included pressure washing entire roof surface approximately 17,718 SF 32. Application of seem tape, as deemed necessary by Polo International, Inc., according to manufacturer's specifications 33. Application of CFS Prime -Tek 11 Epoxy Primer Mimi -Dade approved to be applied to entire roof surface, parapet walls, AC legs, stacks and vent pipes 34. Application of CFS Poly-Sil 2500 industrial grade silicone coating Miaml-Dade approved to be applied to entire roof surface, parapet walls, AC legs, stacks and vent pipes to ensure on monolithic seal 35. Repair any framing of the Mansard which is found to be damaged or deflcient. SUBCONTRACTOR INITIALS: DATE: COST ESTIMATES PROPOSAL SUBIf rMD TO: J06'NAME Sid Moskin Yschtsn er ssPlaze 356 7 Admirals Way 155DN. Fedeial`l.* Defray Basal, Fl .:::. : Ilion Beach, FI. SCOPE OF WORK:. This propoW' W fbr pr ura wa' seallrt , pakNV erid rWR16 k19 eaderior wails, barrel ino ltit walks; privacy walf'and parking light"poles. Stone fronts and roofs shall be painted In m talar sections st above listed shappirrg Fly• PROCEDURES: 1. Prieseum wash all exterior wells, roof Ila and cat walks: 2. Apply sealer to all vertical exiiosed stucco wads: 3. Patch and caulk;all small tracts where needdd. 4. Apply 100% adyllc finish paint to all stucco surFaces. 5. Apply two coals of concrete stain (sealer) to all catwalks. S. Apply two costs of roof paint to all barrel roof thea. PRICES: $38MOM All labor and mals are Included for multi color decorated painft. Sincerely, Dam: 0812712014 Kruno Krslovic Acceptance of proposal Data: PROPOSAL. CGS Flooring CO. 3350 Blue Lake Dr. unk 304 Pompano Beach FL. 33064 PROPOSAM" 9129114 ATT OF: SID MOSKIN Job MO.. 1600 FEDERAL HWY , BOYNTON BCH, FL. We ba"ba to � . ..�. alfiabbcr and materials nee for Y Propose suPP1Y ... e�sary pr�opased Rana. of the above mentioned address as follov s: T/bar ceiling approx. 29000 sq I at. $130 per sq ft. 2x4 florescent 9 per 1000 sq. ft: _* 350 pcs. incl. bulbs at $80. Each,= Out door 6"LED HI Hats 32 pas at. 562.00 each Out side demo, florescent and hi bats mmoval and stucco repairs Demo for walls and ceilings asdMm „$500.00 par unit All repairs from remove walls, wall racks, water damages, est Trash disposal ■._I1. 1 I f I' -: 7 I 1 -1-117 f'Ixl f 1{ 1it)lyll. $66.000.00 $28.800.00 $1984.00 $1000,00 $15M.00 $1500000. $2500.00 Any aharatlon or deviation from the above specifleadons Involving extra costs will be ezewted upon written order, and wM become an extra charge over and above the estimate Pest. Agmements are contiageut upon, Accidents .natural disasters and delays beyond our control. Any extra labor sequined to be charged at $40.00 per hour, per person All work is guaranteed to be permed in accordance with the agcnt between both parties for the above work and vompleted in a substantial workmanlike manner for the sum of ,$130,284.00 �A errs Payments to be_made as follows Start u to be Wd mR n cvm left n ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and am hereby accepted. You are authorized to do work as specified. Payments will be made as outlined above. Per. CGS FLOORING CO Date. Per: SID MOSKIN Date pap 1 or$ Pnnow so York 150 Saudi Andrews Ave } w :; 366 North Elividway Suke 320 $trite 410 Porinpsno 13a d4 FL 33069 JaWio. NY 11753 ur•"PI Toll Frewl-.866-975 2867 •Websites iuww nolnl4.cnm a Lie 0 CCCD$8192 JOB SITS PROPOSAL ! C'ONTRACT' ULTRA' ND lLIC0Nt'*ROOFlkG $*S` EM Cate: 12/04/2014 PropoW 0 002014 231 Representative: RK Customer 0 Iowa Job SIH: Moskin Really 1550 North Federat Highway Boynton Beach, FL 33435 Bitting: Yachteman Properdees LLC 1550 & 1600 North Federal Highway Boynton Beach, FL 33435 "EXPERIENCE MA7 TERS" 1or2ofS IPRGPOLAL FOR ULTRA tIID ROOF COATING S�OpmaOf iN�1'Ik Cot*sctor will up* aA hrbvr, me m.w, aquiprnrmr�t sm'supervision necessary to Install an Ulm 9cmnd Sone I aflrrg System .� Hour:.f y in4i k ifz&dancs with the rNrudiftnra gone. Solely with rrrlspect to file *j& ab&e fa&MMW pibJ & The propaeal shall 1. Coadlrwte P�diorm meeting with fad�ty �reator to gu oyer edradu� and land ft rules and regulations. 2. Conduct OSHA Safety nteellrmgs prior tms oommarioemer t of each workday. 3. Preparatlorm of the �_.dace ii mutt Iriclmades pressure was" entire ioof smAface ��119,gtiaqueretest : ;,..:.., 4. Awn" af.aearr+ tmmae;':as deerrned rasa ery by Pdo Iris tionall Irtc,.aocadirrg to S. Apel ori on Of: L:KB PrImOtak 11 li aww PrimerllAremi-lade hf be applied to eralre Hoof suripcs, parapet icadls, AC lugs, said trent Imo• B. APAP CFi3 I r-Sll 266 Indystr�l glade aBlcrare c�oetlrg Mkml-Dsda approved to W applied td-wdir root sur�oe, pm�apet faults, AC Iia, slacks and Trent pipes, 0 iumrre one mordithic seat. T. Jobetle vdl be left neat and ohm on a dally basis. vftn A" Pdo Intame5ond, Ire, upon comp km, std provide to the daft rrr a Fflt m {yrs} year "Lam* Fres' warranty ore well as a Fiileen (9s) year manuI*Wri6s material waranty. The Warranty' term va begin upon date of completion of work and payment in ful. Commencement and ca- Of WW* The oontraoW repmumb hart as won as. a e11ined contract and/or Purchase order Is amolved, and all pwadt foes are pad by the owner ad naoessay ntBWFbb for the work wit! be ordered and cinaverdd to the Job alts as soon'as pile. Cantraraar shall Igsnedtety sobeduls the Indellalrorm of the work with the Owner and dl0mmdy corrrplete'Ihs Installation as scheduled, weather permitting. EXCLUSIONS AND L IMITA71ONS COMM" All malerhrl Is quarenlaed to be as spwftd.' AII' worts- Is to be conmpeted In a prohmft al wadcnrerdiks manrisr acoordirrg to surd Pte. Any alleration or deviation tram I iniia[vi!mg esiw! coaticnadik will be mmutedonly upon wmfltsn and signed by om w or fpr ie mange orders :and wN been--- an extra. ohsrge t tom the oxiginal lump sum core t Char- orders to be billed sapsrvt* nd paid upon completion of thw. worts specilled in diop oider. IVotvvW*bwWing any other provision of the AgreemeM neMw party haato shNj be Tide for any delay In perfannarmoe or kraal ft to perform due to acts of God, public enemy, we% ft enmbargo, tire, eOMiorl; sabotage. ftod, noci art;. or vomit imtyng the foregoing many o hmx+mstancee of 10* or dtgerent character beyond roam<ortable-.control of a party. Including, wfttrout lknkdkn tele0tom service, labor trouble kmkWft strike, walkout or Wow down; or comnpliance with any order, dbactlon or requed of any governmental o ffoer, or dspatrno & Pest 3 ofS NOTE: Ponding water don not affect warrantfss. .C11:w at t Prkingl We propose to Install an Ultra Bond SNicone Roofing System to the above named fedity far the kNowirw ate= SL* Two Tlsarrsand NlneW Senn Dolma - $6$,087.00 FPL R ec-6;75&W ?octad: $w"180 ACCEPTANCE The follovdng terms and conditions In conjunction with the .ntisched proposal are. to be ntra considered the coct : entered:- Into between the.,. parties. _Tha..'signed acceptance and approval of the attached pmpnsal and these trms arid: -o6ndltons along with the partorrrrance of each aflw parties shat) be a condition precedent .m any right of claim or recovery hereunder. This contract constitutes the entire agreement between the parties and no oral modilkation hereof shell be made. This contract Includes any and all unity rebates. Notwithstanding this provieiai,'writtan :modlilcaficns : t4 the a©repment may be made upon the agreement by and signatures of the parties. In event of disputs regarding gins of this contract the prevailing party will be entitled to the costs of enforosiient, Including iieas neble attorney fees. Palo Intemadwel PROPOSES TO FURNISH LABOR, MATERIALS, TOOLS, EOUIPMENT, AND JOB SUPERVISION BY QUALIFIED PERSONNEL AND PROPOSES.TO PERFORM IN A- WORKMANLIKE MANNER" THE WORK::. DESCRIED ' IN THE ATTACHED PROPOSAL SUBJECT TO THE FOLLOWING C0NDt710NS-` All prices quoted are valid for a period of 30 (thirty) days from Issue of proposal. At material Is guaranteed to be as spec I. All work to be.ocinplated in a woftunitim manner acoordirig4o *16rrdard.practices. Any alteration or deviation from above specifications iwoiving aft costs, wtN •beeorn6 an extra dime over arid sbowths estimate, and`shall be handled through a change- order. All agreements are mrdnger4 upon strikes, aodderrte or daisys beyond our oonMal. SCItBdiil@ of PayrfjiW s Flrst Payment - - : $ 13,834.78 SedondPayment rsft ery of Materials and Commencement $ 13,83475 Thlyd Payment Upon, SDS Coinptetlon $ 13,834.75 Final Payment Coriolbtkrn $ 13,834.75 ACCEPTANCE The follovdng terms and conditions In conjunction with the .ntisched proposal are. to be ntra considered the coct : entered:- Into between the.,. parties. _Tha..'signed acceptance and approval of the attached pmpnsal and these trms arid: -o6ndltons along with the partorrrrance of each aflw parties shat) be a condition precedent .m any right of claim or recovery hereunder. This contract constitutes the entire agreement between the parties and no oral modilkation hereof shell be made. This contract Includes any and all unity rebates. Notwithstanding this provieiai,'writtan :modlilcaficns : t4 the a©repment may be made upon the agreement by and signatures of the parties. In event of disputs regarding gins of this contract the prevailing party will be entitled to the costs of enforosiient, Including iieas neble attorney fees. Palo Intemadwel PROPOSES TO FURNISH LABOR, MATERIALS, TOOLS, EOUIPMENT, AND JOB SUPERVISION BY QUALIFIED PERSONNEL AND PROPOSES.TO PERFORM IN A- WORKMANLIKE MANNER" THE WORK::. DESCRIED ' IN THE ATTACHED PROPOSAL SUBJECT TO THE FOLLOWING C0NDt710NS-` All prices quoted are valid for a period of 30 (thirty) days from Issue of proposal. At material Is guaranteed to be as spec I. All work to be.ocinplated in a woftunitim manner acoordirig4o *16rrdard.practices. Any alteration or deviation from above specifications iwoiving aft costs, wtN •beeorn6 an extra dime over arid sbowths estimate, and`shall be handled through a change- order. All agreements are mrdnger4 upon strikes, aodderrte or daisys beyond our oonMal. Poe 4 of 5 Building owner will; be responsible r hirho.-and:, paying: for any. tiro of AVC: units,- rtriaal conduk-soler panels, or anything required. of.anofiter`;.car>treotor to have roof meet building code inemer� for MW:roaf:covedrag:7 Pain -Irl tit el is...iiiw r orisible for leaks or cailateral clalms•.cauW by itiegatirre air pam- lnskla:the biiUdkig rieleti+rs to airpress, outside the building'. ORAL, PROMISES: POLO; INTERNATIONALassume no responsibilfiy ;Vftwoever far any oral promises. All terms and conditions must appear in writing on contract. There are no promises, r ntations ar urtoutside othde stendings of this instrumard, and except as herein : erwise .expiessiy provideal. This insttviri�ar. shall, not be . altered or modified except by an: agreement in Wddng; -and signed by the," pi s hernia.° Na "oflroer, sunt -or employee of POLO INTERNATIONAL shell have Ihs power to v►taive or be dedrried or held to hm • walaed any'arav bn fiwid, : unless uch: imi"r :atiMbe-in w stir- arid slgiied by RBLO INTE'RNATIONAt„ or Ua duly, authorized �+ PM66ntailMI.- PAYMENT: Payment of all or padof this coniraat, aiding to .the 'I:d"m :is of.ttie irontrad si,own in the: proposal or In a seberate written `and approved In"umerit, shall t5e dile=arid MOWS strfctly ort die`best of that schedule unl "' fire"patties agree, othenwee, tri willing. Payment to Polo Irrteriidd'rtal shall in'no way:bg'cotiilt tt ipa�n itis aco of;work dori® try others oyer which *Palo'InWn doT*-fins: io:cahtrial ;!'rutheti lora, Pofa ireeriie ane! aasumas no: ttespon iUiy : fior .., .done . by ark no -:.herr;"than' a °Polo . �Eenistbriel of � ' cr sabc tractor. N it becomes n ary.to incur oiyj p In the oclledc ii ny mpniea due. under the terms" of this contract IhdudGig, but not ra' i dy .limited ; reasonable attorney's tree, court costs or ofitier'collacUon Sees; it i6 undelabod that those costs shalt be paid by the puichass� = if custarnerr consols job after rnafedals are boded on Job Poo lnWnstionol.. Will -keep- hid the deposL if custorm cormis job atter it has phy Wly strartW Pak International viSq-keep file mete deposit. If Polo IntsMational is refused access to job slitsby oustam -the complete depositwill be kept, GUARANTEE Guarantees are not transferable unless notice., Is given to Polo Intematbnal In witting vuithin 9t?. days of: sale of property : Nand approved . by Polo'., inteniattonai l AN guomritsee given by holo Interriatl6nal wNl be null and ' viroid If any contractoror irxJfvldusl other than a.holo InierrinfioFiefrepremtative does work on a guaranteed roof or If=pieperty owner or tarrerit does ; not eltow. acisrss to the property. Polo International -will assume no nobility and will not guarantee any work performed until contract is paid in full. The signing of this contract confirms that the signer has read and approves so terms and conditions of this contract. We assume no responsibility for damage caused by an act of God, or any act beyond our contrfli. - We are fully .Uoensed and insured. This contract Is not vaUd or binding until approved and accepted by an officer of the corporation. ACCEPTANCE OF PROKMAL pop 3 ars Owriet epr s to ra r�o re ar pn 4W. -any propww. � or off: whip are under or op4rod by the roof ani r re.woik is to i e perforiried, kidudkip both tribes and ailwfor spaces: Due fhe mature of .this,: vtacuk. a ain w of vb tl i or , li v srd , , :be eacpectBd wit cexdd afl+eoi ifs ur r the rod or work area. Addboi6k atpiii ud amounts of dirt or duet cowl ba,;ar"d--whloh, could the. tnterlor of_the:°6u11dlrp.; Areas without d �k�s gra . .moble 110" dkt rattan: •ie 6vww hii bom a wow of this mporddbilibr and agrees the'r�ritracbor shagtrrotebe n�sporurlble for oris or dean Inwia�t on past dus surras°sl�ll acorns from when due at th4-hlolvw ri 6 abiible 1= 116. to ar�y ar loiti fit for oricwtirrit or kl*rgtlitw bolds-apreeri t;'tiie prevaNintj party shell also scorer ata chats Indudt . maisona* adornsy fises. Ve ius to hsriaby agreed ro he Florida ' . this"*pose Is si erx roeaoaI --.:7 wta * 30 daya and Is voidt fbesr of"option of the undersigned. - DATE Pap I Ors Polo / i� .... /be. NewISO SoA Andmws Ave .;:: 366 North Broadway Suiite 320 Suite,110 Pio Beach, FL 33069 Jericho, NY 11753 Toll Free] -866-975-2867. A_ .Website w�v�oalol4 F • Lis # CCCOSS192 Data: 12/04/2014 Proposal S 002014 230 Reproaentatim.- RK Cuter B 17718 Jab Site: Mosidn Raspy 1800 Notch Federal HkAfty Soynk n Beach, FL 33435 Billing: Yachten n Property LLC . 1550.& 1800 Nork'i=raid Highway Boynton Beach, Fl. 33435 "E PERMWE MATTERS" P4p 2 o 5 PROPOSAL FOR ULTRA BOND ROOF COATING $dope.'ofVYOr1k.': Connector will supply ail labor, material, equipment and supervision necessary to install an Ultra Bond '$iNcarhe l ooflng `System to your: facility In'.:s ict::: accordance : wilh : the mainufactLaeft spaciiCatlans. Solely with respect to pre area abotre:.-refari&i 0*& The piopaal slralE induder. ' I. Coordinate preconstrudlon meeting with favi ft 01rac#or to go over scheduling and %dill r rules acid 10, gulatiom, 2. ConductOSHA Sates+ ine"rigs pilar to own nc�ment of each wodc day. - 3. Preparation of"fhe a aft mooting sli lace whlch Indudes pressure washing enft roof surface appr�oidrriatety 17,718 squeihe feat. .`: w.. .k:, n �4.. Applic iorh �of:peerriaape, a d triad :rrec;essery :by Palo that rnWonW,-Inc. ac =dit to manufacturer's apecifkatldnL' :._: S: Application cf GFS`:Pr1�ne=Tek 11'E' parI Punier Mlmni-D�de_app<oved to be applied to entire ..*d face,: Parapet walla. AC legs, s�Cks and pipes. B. Applk�" O CFS Pdy-sil 2800.industrial grails%slllcW6 coatlrtg.Mlamwwe appronred to be applied entire loot surfeoe, parapet'i mi ls, AC phi, and vent: pipes,to Imaure cure manobtric seal. 7. Jobsite h�i `Iw leg Haat and clean on a dally basis. Wanartttes . Palo International,inc., upon completion, shat priiWde to the customer a Fiffm (15) year "Leek Fra' warranty as Wag as a Fifteen (15) year inanofechiWe material warranty. The Wiarrenty term will begin upon date of completion of work end payment in full. Commencement and camplet on of woo* The conlractor represenbs that as soon as a signed contract and/or purchase order Is racetved. and .ail permit lase are paid by the owner. all necessary mhaWals:for the. work wIli be ordered and del�ared to the job site as soon is possible! -06 htrac ship knmediatelyschedule the Instillillon of the work v th the Owner and d1IW* complete the -Instailsllon as scheduled, weather permitting.' EXCLUSIONS ANO LIMITATIONS cortaftnr M nate ial Is guaventmd to be as spedfisd._:AII work Is to be oompk"d in a pdesdonsl woricrnanlNce manrisr according to standard -roc practices. Any alteration or deviation frmh specl9catic6s Ir vohw:6" costlaredit Wil; be exemrted curly upon written and signed by owner or repree tiva dharhge :o"erh: end wit beoarrhe en extra chargef redk from the, ori8lrahi lump sum oor>tnad'prtce: Change orders to be biles separately and paid upon omripletiort of the work speclfled In chahuja order. No6ithsmnding any other provision of the ftiament, neither party hereto shall be cable for any May In pertvrmanoe or InabR yy to 'perfo * due to sots of God, pubic enehny, way, riot, embargo, fire, �, sabotage. flood, acddent; or without - limiting the fcregoing any ch cumeteness of 111m ,or dlfibrerd character beyond: reasonable control of a parttr, Including, v t'llmilatim. t�phone service, labor troulae including strike, inralldut or slow down; or compliance with any order, direction or request of any governments! offt er, or departmerst. P4p 3 of 5 NOTE- Ponding water does not wwrmdWa'. We propose to Irmal an Ukrg Bond 81loong Roofing &pW to the above named limft for the **Dwft an wt 81* One Thousand Shu Hw; WW Thal Nhw AD -MIM - 01,039.86 FpL Raba* 40,3W GD TorrTb$610" sch Of *nsnts, Fed Payment Deposit:: $ 13^75 Payment Dari of AIli rlat and conneftenwd $ '113^75 Third Payment Upon BD% $ 13AIC75 Final Psymerd completion $ 13A34.75 ACCEPTANCE The following tarns and owdthnaIn dont with the attached proposal areto be oonelderod the oonind entai±ed Into bahveenfie. purUeo,The signed no Nftm and approval Of the BARChOd pr1oposel and, these terms and corwillibm wwo with the pa rol istence, of each of to parles shah be a condMon pmeclent to 'any ftht of claim or ,sxwy hereunder. This oNdW doMdbiteri the anirii agroament behvm On parries and no oral mociffloption hereof shell be made. This o6nbu& indw"Im, any am all q NoWlilm0landing Oft pW9Ion6' wftn modificafto agmalmem. m* -W -made-upon the aIp"ment by and signatures of the Mde L'i In mid df disputdisputeregarding terms of "a contrast ft contrapriding party wl be entitled to the cos'tiaf woo cirriait. hidWing reasonable attorney fees - Polo kdemstional PROPOSE13 TO FURNISH LABOR, MATERIALS, TOOLS, EQUIPMENT, AND JOB SUPERVISION BY QUALIFIED PERSONNEL AND PROPOSES To PERFORM IN A WORKMANLIKE WMER THE WORK DESCRIBED IN 'THE ''ATrACHED PROPOSAL SUBJECT M THE FOLLOWING CONDMONS:- AN prices quoted are valid far a period of 30 (thft) dep from Issue of propcial. AS matedel Is guaranteed to be as sped1led. All work11c. be awoeW Ina worlomWow =nw acmrdMg to slanderd:pmelkes. Arri alteration or deviation from abmw speciftilons Invdft extra cwb'vw11 bkortis an 8*8 cheigle 'over and above the islimals. and shall be handled ftough a change order. AN agreements are owlkpW upon strikes, aaddwh or d@Wp beyond our wnboL Pop4ofS Buillding owner will be- responsible fbr hiring and paying .fbr iny1flingof NC units, 9WMcal oorrdvit, soloparW .' 6rihyth1hjmqWndof v*0�conbbto hajo cd meet bulldkig- code Mgt*errrenta .for nwoof. 66vWirq. P66" Internitional s not reopm1be or leals or collateral clsifiicanoed by negative air prmure'inside the building 00161;W to air primiurs outeldiihe bulldir4. ORAL ' PROMItES." POLO INTERNATIONAL assures no reipptobilly whatsoever far any oral Promises. All terms and o6kitionn'thutt appear in wdlIngon,contract. There am no promises, repres"tions or understandings outside of this Inalftw6ent, and except as herein otherwise 00itsely provided. This Instruid6int shill not be altered or modified except by an agreement:Ire writing, ands igniki 0;:the parties heinft. Na'afficer, agent or amp" of POLO INTERNATIONAL shall love the po war So waive or be deemeddeemedor held to have,wolved a4.i*� hereof,"unliii S"'U"ich shall be In writing and elghid by POLO INTERNATIONAL, or fti� authorized re p PAYMENT; l2ayrn'sk of - al! -dr part of this cordroct, 4=`­rdIn9­:.to the Wm of the contract ei6inih In the proposal "or In iiFftn", be due and "Perot&, angTgooia* instrument, PaywAl SMY on the bade of thef uli.,un""the Per"glaii 16" othiiWs: b''I n. '4ign' g. Payment �io Polo Inliniation6l shall In noway bdciointin " upon the aicci�ftw or.Wbrk geM done by others am which Polo'Intematior" I has no coMrol. Furlher� -- Polo lrftm*mal la ' - thin assumes no reeponsibility.-for work done by anj�6ni;�-".ithir thin a Polo, 16' 'of employee or subcohlia clor. If It boodines nocesswy to' lni6kilny Q. 161 the 61leption of any monies due under M6 terms of Oft contiicl Ind'uft, 00, W nece"adly limited to, reasonable eftbmi?i fee,' court costs or d#w callidi It is undenit6od that "in costs shall be Old by the purchaiw`. If cuotdnier const job_alter' materials are boded on'. job-.0clo InWinational will keep hal . f the deposit. If customer cancels job -after it has physically started Pob I niternational will WW the complete deposit .If Polo Werndtl6iml Is reftnied &coase to job site by cuskunar the c6mplets deposit will be kept. GUARANTEP_ Guarantees are not VansferaWs unless notice Is given to Polo Inlemallonal In.. writing w:Mn 30 days of sale of 'pria."pie-d'y and, oppfi6votl"-py I*_, International M guarantees given by Polo" International will W null and, void M. any cohti*obr or indivioAmi other than a Polo IniterhitloM14ewftMe does work on a guaranteed . roof or 9 pr000rly rpres owner 6r Wriint do64 not allo*-a6om to the property. Polo InIernatiOnid will assume no IlaWlilly and will not guarantee any work porkirmed LmW contract Is pall in full. The signing of this contract confirms that the signer has mad and approves A time and conditions of this 6ontract. We assume no responsibility for damage caused by an act of God, or any act beyond our control. We -are fully licensed and Insmid. This contract is not valid or binding until approved and accepted bj'aiin officer of the corporation. PM S ors ACCEPTANCE OF PROPOSAL PrnMctrtnn of OWNW.'agrees to rimove or pfd i y P�*;'ik" or bier; ftems, which ,are under or covered -by -AS roof atei where warksf� pei ls to,.bformed,��induft bath Inter�oir and exterior Spaces. Due to the nature of this.work, a certain amodnt or vibration ar momament can be evect®d which could affect theme .under Vo roof or worts area. Willy, sWni%cant amounts of dirt or dust coin be created, which could•.gnler:the interior of.the building. Areas without overhegii! especially susceptible§to°dirt Intilbet on, Thi owner hes been advised of this raspcnsib* and qp9eii that shat • not" be reaps ilble for this iii 'or dean up. Interest on past due Burns shill aoavp from..whendue at the httiest rata all able under.Flcirida law.: in arty action brought for enbeement or ln*retatlon of oris agreemeA thrr prevelting party shell abo recover all coats Including'reasonable attorney fees. Venue Is hereby egmed to be BMRW Cou ft Florida This proposal Is subject to acceptarme Witton 30 days and is void thdrealler at the Option or the undersigned. DATE Il�hoi�ed l�pae: uyp AAwftd4atIxftbkWaMbma%kg. Pold.in-tdro 150 BOA Andrews Ave Suite 320 Pmnpaw BewA FL 33069 Tell FW6-140-975-2967 0 Website: POP I oft ma 366 North Bmidwq Suite 410 kdcho. NY 11753 Liu # CC0D58 192 JOB SiTE---:PRO'0 PROPOSAL Exterior priooiing of Con'6" 7116 ard Rao Data. 1219012014 owl 4 240 Reprebentollvi: RK Customer 00240 Job Site: yadtww Phaa 1550 a 1000 North F"" Nghvmy Boynton Beach. FL 33435 Sid Mooldn Billing Yiwhbmn Properties LLC 15M & ISW North Federal Nglummy Bcyi6h Such, FL 334W. PAP2cf2 PROPMAL FOR':EKTERIOR WATERPROOFING OF CONCRETE TILE Scope of VYok;:. t contractor via supply alfatior, material; $qulpment slid o `sun rsary to Install an .N Erderlor W :Conrs+ete :Tile:. = Eo y'er :facllily In: attic#. 0660 dames with the rssrepes. :to the mal�utacburer's: ssspeci�catians. Solely. with `sass :aolretiiced : project. The Psi sshaA �ioludse:. . - ; � �'� .. __- 1. Coordinate' pr nsdudtairmeMn' %g with qty DI�ei N to -go over scheduling and fai�lltar' titles and rspc�ticns.<. -. 2. Conduct OSHA 8af0lymeetings prior th commence. ment of each mt day. 3. Pre dean tW tiles:.:.: 4. Repair all damaged rb& tiles, drip .edge, and stuoco of sc�i.:-; 5. Apply a camenHous swrry.,coat to: i abf flies, to c reib a seamless roof system. B. Apply one cos# 4 a- 7. . :dorsi �..M /Beeler. Al:,* onse`ooat �sieimedc r 'ms ic'i okir.,to ht3 ash ape ted... 8. Apply oris coat ' +lic saWi f h'r paint vi�t� ' 66 r_ as 9. Note. The i k"- , , : sysiitem�uvlq. ire by "4"cryur ILtariufectures serf Qlleltt]I Coatings. 10. J�lte wt11 bag left neat arid:ciean on a dilly bills. CGt'ltr8s�t PrCIA. Tw BnW Fora Thocrsand Two Hundmd 'DoMm 024,=00 Schedule Of Paynxwft First Payment 50% Depostt Second Payment Delivery of Mortals and Final Payment ComObUon ACCEPTANCE OF PROPOSAL $ 12,1txi 00 Canmencement $ UM -00 $ 8,050.00 Owe agrees to reimpm or protest any Properly, ur. ether Name, whkah arse under or covered by the roof, area.wheiis work: Is to be -.pe f*pd;: ln`dudkV' boIh ;interior acid exterior spaces. Dere 'to the nature of. this warn, a certain amount of vibration err rhbvwW t can be expected which could atfiwiterns under the. roof or work area. Addiionalty,. aigrdflcent amounts of dirt or dust could be 64ateid which could ender the. icor of*ifie buildirrp. Areas vufthaut overhead ceilings are especially susceptible to dirt infiltration. The owner lbeen advised of this responsibility and agrees that the contractidr shall not be resporsi" frig this protecft or dean up. Intent on post due sums shall accrue from when due at the highest rate amble under Florida law. In any action brought for eft or Interpietatimi of this agrseament, the preffliling party shall also rseme' r all ikets Including nmonable attorney flees. Varve Is hereby agreed to be Broward County. Florida This proposal Is sunset to acceptance within 30 days and Is void t eafter at the option of the undersigned. DATE DA'T'E - — -- -- , . Au"(W_ S*UW*_YWMMnweeCIX AghwAn d ABW ft Parc Wmdio 4 Gam. 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I F •ftmb W :"owl ' M* VAR bdmb ob .n.atodw MUM goe:iiifu di low r-bod-dw" %YOWL IdL b"W in lwi;;i.l va Im mi 46i F "Mai .W. . F. PI The end WAI* Ij *9 on INS MI haus 41.70 "aid am Am "Mmud Nmmw be owb~ korhiampopftwolm mob No m k..'AR•#glolNle in hum "M WL vom M& P*M& 0 lip... Plim isk ofiouvo. imam —bd�10somm MMIWANL MOW "hwdI, .16 min"i 4 L . . 1w iii q-60 adwhALThe Faft Lmb d" No i Tap Notch- ar :cJsc p no _ : D6ilope Inc. a�ieily Qw d do C er�grterd ift 1981- . 9655..87th Plage; vuth. '; iap Y o each, Florida 3347.2. tools iss " • tax (0011 733-3519 ; .c5pn.Ap 77 7 Liel:cd Insured 'PRCPOSALS.u, CITEDTo.0411-14 : . Id14IdS s; .... Sit MOSII;I..T FAX:. :. S ET: 1590 IXDERAL HWY. F ATT: BOYNMBEACH TT'" TKATZ. EL STATE: FLORIDA LlEPRF31�17'A1IVE:. JOHri 1 561.'ifI15674 LAND�APB AND'1'R� �[iVIC�s TD B$ al$1sDLLOWSII+I - . L TRIS TREOM NG WORK, 801BB ELEVATRD AND THINNED OUl', RIMVII+1(i DEADWOOD AND BELBCTS>=NDMV In= (Q1VIs "RY BYJOHN ROSS, TNT, 9.10-14): A) BLACK.OLIVE TREES (7) ASSORTED SUE B) MAHOGANY TAM M AmMTED SIZE C) LIVE MKTREES (3) TOTAL CST PART LAC (15 TREES) 112M 00 II. TOTAL WIR CLEARING OF IXISTING EM13M INCLUDES SOL NEEDED TO BACK ML AREAS AFTER EXCAVATION WORK (UP TO 40 YARN C 0hrOSTFD SOIL)vLOATED FICUS MMGES M BE LE" ALONE, WILL BE MARKED PRIOR TO X8 BY JOHN ROSS AND BID MOSKW. (S70) TOTAL IIEDGES REMO YM TOTAL COSI' PART EL 010I0VAL AND SOIL) S31w90.00 IM SOME SM OF BVILDM #1550: MISCEL ANEOIIS PAEM AND SMALL EVASIVE TREES AGAWST BUIL.D11d[3 TO BE REMOVED AND STUMPS DUO OUT AND 100, [ROUND BELOW SURFACE TOTAL COST PART UL (7 ASSORTM: 51275A IV. LANDSCAPE MATERIAL$ DEI,IVSRZD AND DWALIJM I 90 DAY Cl1ARANTEE(N NEW RANTIN0% l YEAR OUAAAMU ON NEW TRIS WMJ PROPER WATL9M All nwttxids aro gu uwiWed to be as gmi&d Ali work lokcowlkwlina woriamm lilac taacwft to 6":d P Any altl&dw or da+►i hw from Wbim qmdfimdms 1nvolviM extra � will be ==led a * upon wrEttm and will bcom:e an aim clime am mid aL:one the csdmetc. All � aoteda0ent upon steihes, ac060 or deieys bt5 M oar emwL - Tap Nott: is cwt sewpOnsilde fbr updamnd vaster and cable sysum. TWs prepaul suit to aemMum wiNs days and is -odd tNe:aibeiat die Vdw offin mdaaigtm& Ac(ErmcB of PROPOSAL: 7% above P foo, *WACO= = and MUM m kvft amm0ed. YOU arc mtba bW to da dw wertc m 8Pdfied. Phpwt will be aeras aatlb W abate ACCCF M94 Date ip TOP ,Notch Lan` uc,q, 9655 87th P1ac:$i,- tith.,..'°•` : E .. �..& 'design, enc. OriPi�fod .1981 (56.1) 733-3336 aiFax (561)'1334 Udensed lmured Bonded. A) (490) CLUSIA RASA HEWES, 3 QALiAN (22"4,r .. HT.) B) (144) GREEN ISLAND FICUS, 3 OAl,1,QN C) (48) CROTON `MAMMY' 3 +C3nLON TOTAL COST PART IV. S94BSM ach, Florida 33672, r Af�A7AL�UiRAPAr+�i QF? COST 56737.30 MT $1980.0 COST $768.00 V. EAST SIDE REAR WALL OF BUILDING If155W MATURE TREES (B) TOTAL CANOPIES CUT BACK AWAY FROM PAREM LOT. AREA CLEANED UP, REMOVWQ VINES AND EVASIVE PL.ANTOMS. TOTAL COST PAKr V. $1373.0 VI. EXIST11►iG: A) (2) WASMOTON1A PALMS TO BE TRD&IED B) (2) WASHINGTONIA PALMS TO BE TRANSPLANTED TOTAL CO;R'i' PART Vi. Same VQ, TO BE INSTALLEM A) (2) FOXTAiL PALMS. DOUBM 12-45- HT. B) (2) ADONIDIA PALMS, DOUBLE, T-11' HT. TOTAL COST PART VQ. 51130.00 TOTAL CONTRAC F COST= 3209460.50 50%DEPOSIT REQU� FOR SCHEDMING, BALANCE DUE UPON COUrLErtON: WE ACCEPT MLA, MAMRCARD AND AMERICAN LORM, 2 90 DAY OUAWM ON NEWPLANT' NUS. 1 YEAR GUARANTEE cN NEW TREES WfPH FRWER WATreR&O AN rnaterfels are gun satood to be w ap 16ed. All wwk'to be cotiipMod le a worknm like nmmtt t arcordieg to tundard prmWom Any alteration ordeviation $am above ipedflcatio: o inv<xft c:tm coals TAI be MwAdod only" written ardeM and will become im extra cl,srge over and above the eta. All agremea emingmt upon strOws, accidents or delays beyond our control. Top Notch is not ' resp ibla for auderwound wateraod cableayacm. This proposal wNect to accepww wfd:m days and is void dwicaiicr at the option of the wwalkwd ACCLPTANCR OF PROPOSAL: Tho above p*m apedficatioas sad coed gms are hereby scoop*& Y= aye avdwdmd to do We warkas spod&& Payment will bemade m ouWnod aborra. ACCEM& Date Si�awta Top NotchLandscc ping' & Des#gn, Inc. Fgm11, - 0 net A. eraierd since 1981 9655 87th Place 'South. •.::; B[ yriton Be4ch;11drida 33'472. tool) 733-3536 •--Fax,.j5b1)-733-35 Lidenlid iitswed Banded 1QUU rrasracru. nw Y. DUT14 &us VzA1. n : ... NUFA K'�1�9.PAVE10 LANDSCAPE AND TRUE SERV1�S TO 11d� PBRMMMFD AS FOLLDWS IAi W.M.T. PLAZA: 1. TRW 119dMING WORK, SOAK CROWN REbUC WN AS NEl£DED...CAN6 BL� AlM tWN n OUT, REMOVING DF"WOOD AND SELECT SECONDARY Li1t+M (INVFNT)RYBY JOHN RM TNT, 94 0-14) . A) BLANC OLIVE TREES (5) ASSORTED SITE B) MAHOGANY TREES (3) C) LIVE OAKTREES (3) TOTAL COST PART L"(1Z TREES) S214UD II. REMOVAL OF (318) ZX1STWG HSDCES: INCIAM S SOIL NEEDED TO HACK FILL, AREAS AFT ML EXCAVATION WORK 08 YARDS COMPOSTED SOIL) TOTAL COST PART IL OMMOVAL AND SOIL) S2470A 13L X43T WALL, BACK OF BUMUNG: VBORTATION CLEANED UP, DEADWOOD OUT, LATERAL CVT WIDE ALONG ENTIRE LENaM AND (3) ASSORTED STUMPS GROUND Our TOTAL COST PART III. SUK00 1 Sty DAY GUARANTEE ON NEW PLANTING& I YEAR GUARANTEE ON NEW TREES Wf1'N PROPER WA'T'ERING All materials are gnmmiced to be as spodfied. All work to be completed in a wm*mm like mmmw according to standard practices. Any alteration or deviation from above Weei cations hwolvlag extra cats Will be ori cuted only upon vtW&M orders, and will becone an extras charger over and above to a:timate. All agrumenm cmdgp tt upon strikes, accidents or delays beyond arr conpoL Top 14" is not respnasible'for anilaground water and cable estans. This proposal snloct to amq mnoe wiRtin days and Is void tUora&r at dna option of dm undersigned. ACCEPTANCE OF PROPOSAL: The sbwa plow, spedfiaWm and mWitions are hwft asxepte& You ane audwrWil to do die work as specified, Pgmw4 will be made m eiANmd shove. Af:CEPTEth Siva= Tap Notch Landscdptn:g &.Design, Inc. Fam j+ dw led 0 Operated sincti 1982 .. 9655 87 Place Sau h.:: ►:;;;$o moil Beach, Florida 33472.: (561) 7334536 : -Fait (56�) .133:*3519 =; ,,; f ,�: .'. Licensed IL1 &cu Bonded ' .. • bI0�1C NPGB7lJ.1"AtiS? Ol"? IV. ROYAL. PALM 'ENTRANCEI: -(b) ROYAL PALMS TO BE TRLMMlrD AND SOIL ADDED TO BASE OF PALMS {72) GREEN ISLAND RCVS INSTALLED (12 PER ROYAL PALM) TOTAL COST PART IV. 51459.0 V. BULLNOSE PLANTINGS DELIVERED AND INSTALLED: A) (2211) GREEN ISLAND FIG`[1,4, 3 GALLON B) (33) aWTON'MAb9Ar 3 GALLON C) (25) FOXTAIL PPRA1, 3 GALLON TO'T'AL COST PART V. 53853.00 VL P'I'ER PLANTINGS: A) (300) CLULSIA ROSA, 3 GALLON TOTAL ()OST PART VI.5405.90 TOTAL CONTRACT COST= $15,358.00 COST 53029.00 COST $528,00 COST $300.0 COST $4125A 30%DEPOSrf RBQL MED FOR SCHEt]ULIKO, BALANCE DUE UPON COW .. MOKYWOOV6Ctstal WSA, MASTERCARD AND AMERICAN EXPRESS, 2 90 DAY GUARANTEE ON NEW PLANTINGS; I YEAR GUARAN E ON NOW TRUES Wq'H pROPE1t WATBMG All materials are guerantsod to be as specified. All work to be completed in a woriamp lit mangier according to standard practices. Any alta m6m or davWOR fn m abaiie s wdficWaw invelvingeettm oasts will be execided a* upw written orders, end will bateau as eats charge over and shays the ate. All agt aemenb cm timcnt upon strikes, accidents or ddep beyond our control. Top Notch is sot responsible for undwSrwW water and cable systems. This proposal s*cct to acceptance within days and is void dwre after at the option of tic underdgnod, ACCEPTANCE OF PROPOSAL: ibeabom ps ees, $Pedgmdm and emudEtinm are hereby se cephA Yat Ora audwrimed to do the work o spedfle& i'apmt will be wade as a H%W abum ACCEFTEL#r Date gE� BOYNTO 4 MOBEACH RA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal J X I Information Only SUBJECT: Business Development Advertising Campaign - Boynton Forum SUMMARY: As part of the ongoing marketing efforts to assist local merchants in an advertising campaign, the CRA allocated funds in the budget for a monthly double page spread in the Boynton Forum. Every month the double page spread has a different theme in which the businesses are rotated to support the overall "Shop Local" mission. The month of January (Exhibit A) featured the Boynton Beach Art District for ARTWEEK 2015 which is a program of events in Palm Beach County the week of Art Palm Beach. This advertising campaign was part of the sponsorship for the event that took place on January 24. The month of January the CRA ran another ad in the Boynton Forum that showcased the International Kinetic Art Exhibit and Symposium 2015. This double page ad (Exhibit B) featured the participating artists and sculptures located along Ocean Ave. This ad was part of the sponsorship for the Kinetic event Celebrating Art in Motion on February 6-8, 2015. FISCAL IMPACT: Budgeted in Project funds 02-58400-445 $17,000.00 Boynton Forum CRA PLAN, PROGRAM OR PROJECT: Marketing Budget Exhibit A Boynton Beach Arl District �..rf Comes Alive! Exhibit B THE BOYNTON BEACH ART DISTRICT OPEN STUiwoiS F;1m3 GALLERIES ART WALKS MURALS LIVE MUSIC VENDORS STUDIO RENTALS 786-521-1199 p u v olonmeach A I 10azlc ictip jjma�,v cria, 9R ,0 PrE*Nl 14'a I r X: f my Aw. It Event Spmsorod by Scintm Bearh CRA - AcdvWAy*tA Gallery - Rkhud Beau Lkni Fine Art Appraisers � iiiiiiiiiiiiiiiiiitw , 00� BE °CRA CRA BOARD MEETING OF: February 10, 2015 I Consent Agenda I I Old Business New Business i I Public Hearing I X I Other SUBJECT: Potential Refunding of Series 2005B Bond SUMMARY: In October 2012 the CRA completed a bond refunding of Series 2004 and Series 2005A at a net present value savings of $1.15 million and total debt service payment savings of $2.58 million. The remaining Series 2005B bond was not refunded at the time since interest rates on the taxable bond series did not present significant savings. A recent analysis by the Financial Advisor to the CRA and City indicates that current market conditions are conducive to a potential for interest rate savings on the remaining Series 20058 bond. Interest rates being paid currently on this bond series range from 5.1 % to 5.7%. The attached RFP was issued by the Financial Advisor to determine the market interest in the refunding of the 2005B Bond. Responses are due on February 10, 2015 and if the refunding is deemed viable based on evaluation of the respondents, the refunding would come before the CRA Board on March 10th and City Commission on March 17th for review and approval. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: None For Information Only Susan Harris Finance Director T:W3ENDAS, CONSENT AGENDAS, MONTHLY REPORTSZompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslFebruary 20151Potential Bond Refunding - Series 20058.docx %��gThePFMCTwup Wl— Public Financial Management. Inc. PFM Asset Management LLC PFM Advisors Bank Loan Request for Proposals Lincoln Plaza Suite 1170 300 S. Orange Avenue Orlando, FL 32801-3470 407 648-2208 407-648-1323 fax www.pfm.com January 22, 2015 To: Prospective Loan Providers From: Jay Glover, Public Financial Management on behalf of the Boynton Beach Community Redevelopment Agency Re: Boynton Beach Community Redevelopment Agency, Florida Request for Bank Loan Proposals —Taxable Refunding Revenue Bonds, Series 2015 As financial advisor to the Boynton Beach Community Redevelopment Agency (the "Agency") Public Financial Management (PFM) is seeking proposals on behalf of the Agency to provide the Agency with a taxable loan (the "Loan"). The Loan will be awarded based on overall borrowing cost and terms most favorable to the Agency, based on the Agency's sole discretion. The financing will be a private placement to be issued as Refunding Bonds under Resolution No. 04- 04 adopted on December 6, 2004 as supplemented (the "Bond Resolution") and the Agency is not preparing an offering statement with respect to the Loan. Attached to the RFP is a copy of the Bond Resolution as well as the City Guaranty Agreement. The Loan will be issued in an amount not to exceed $5.6 million. The payment of the principal of and interest on the Loan shall be secured by a pledge of and lien upon the Agency's Tax Increment Revenues as provided in the Bond Resolution. In the event Tax Increment Revenues are not sufficient in any given year to make Payments due on the Loan, the City of Boynton Beach (the "City") agrees to covenant to budget and appropriate from lep—ally available non ad valorem revenues an amount to make up any shortfall per the City Guaranty Agreement. The proceeds of the Loan will be used to refund the Agency's Tax Increment Revenue Bonds, Series 2005B maturing on and after October 1, 2015 (the "Refunded Bonds"). The Agency's Tax Increment Revenue Bonds, Series 2012 possess a parity pledge of the Tax Increment Revenues of the Agency. The Agency does not anticipate funding a debt service reserve fund for the Loan. Other key terms as follows: • interest Payment Dates: April 1 and October 1, commencing October 1, 2015 • Principal Payment Dates: October 1 of each year, commencing October 1, 2015 • Final Maturity Date of October 1, 2026 • 30/360 Day Count Basis January 22, 2015 Page 2 • Note Closing: On or about March 26, 2015 • Preliminary Amortization: 10/1/2015. 275,000 _ 10/1/2021; 420,000 10/1/2016-; 365,000 _ 10/1/2022, 435,000 10/1/2017 370,000 _' 10/1/2023 455,000 10/1/201$: 380,000 10/1/2024' 465,000 10/1/2019'' 390,000 10/1/2025 725,000 10/1/2020, 410,000 10/1/2026 745,000 1. The Agency is requesting proposals be submitted by Tuesday, February 10, 2015 at 1:00 pm to the following email address: HarrisSu!2bbfl.us, Br s` inbbflg mark.raymond@mravmondlaw.com and gloveri@pfm.com. Each proposal shall include the interest rate, prepayment provisions, fees, events of default, and other terms/conditions. Any inquiries or requests concerning clarification or solicitation for additional information shall be submitted to the Agency's Financial Advisor: Public Financial Management, Inc., 300 S. Orange Avenue, Suite 1170, Orlando, FL 32801 / (407) 406-5760, gloverj@pfm.com, Attn: Jay Glover. Law Offices of Mark E. Raymond, the Agency's Bond Counsel, will prepare all financing documents and render the approving opinion, and bank counsel's role will be review only. Public Financial Management, Inc. will serve in the sole capacity of financial advisor to the Agency and not in the role as placement agent for the Loan. The successful proposer will be required to deliver certain certificates at closing including one to the effect that they are a sophisticated investor having knowledge and experience in financial and business matters and are capable of evaluating the merits and risks of lending funds to the Agency, that they have had access to and have reviewed such information concerning the Agency and the City as they have deemed necessary, that they understand the Loan is not a general obligation of the Agency or the City, but is payable solely by the revenues described in the Bond Resolution, that they are not relying on disclosures from the Agency or the City and that they are buying the Loan for their own accounts and not with a view to resale or redistribution. The Loan may be assigned in whole but not in part and only to sophisticated investors. THE AGENCY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS AND RESERVES THE RIGHT TO WAIVE, IF PERMITTED BY LAW, ANY IRREGULARITY OR INFORMALITY IN ANY PROPOSAL. Estimated Aggregate Debt Service — Post Refunding Period Proposed Series BOA Aggregate Ending Series 2015 2012 Loan Debt Service 10/1/2015 379,896 1,306,680 304,838 ' 1,991 ,413 10/1/2016 550,760 1,311,666 304,838 2,167,263 10/1/2017 642,620 1,625,934 2,168,554 10/1/2018 _ 539,300 1,628,550 2,167,850 10/1/2019 535,620 1,626,270- _ 2,161,890 10/1/2020 541,580 1,628,197 2,169,777 10/1/2021 536,820 1,623,202 2,160,022 10/1/2022 _ ! 536,700 1, 629,438 2,166,138 10/1/2023 €—_ 541,040 1,624,600 2,165,640 10/1/2024 l_ 534,660 1,627,942 I 2 162 602 > 10/1/2025 777,920 1,564,235 ' 2,342,155- 10/1/2626 771,820 1,569,168 2,340,988 6,788,736 18, 765,883. 609,675 26,164,294 . Historical Tax Increment Revenues �0-:a'�yr 5a'7 S (a) wim be sclusled Mtmo U3x t4i iia fed in glue 2015. Fin O Asstwerl VAlulktion 3.27,149,2813 i ,132,404,172 9 ,270,M,4'24 1,131 x010, 950,56,1,514 025,305,342 B15;476,1 78�7,1�2.y3,743 6D�i° �C1T➢,S3Yi 1,040,312,793 Tax 9rCferrMn1.R&Vw—r138S Fiscal Yeas SOMM. Cit svjprcer Couiniy TON $ 3,613,607 SI 22B2,740 3 6,D76,347 2006-2907 S 5,6669,159 S! 3,417,46.5 $ 9.DN,62,4 ZH -MI - � OM S 6,003,S25!$3,51 B,53Z $9,520,163 20DW2009 5 5,145,639 S 3,014„102 S6,159,W 2EGB-2010 $ 4,116,567 S 2,6 4,303 '� 6m76g,670 2010-2011 $ 3,311,708 S 2,326,119 55,637,827 2011-2012 3,455,846 S 2 96,M $5,75Z745 2012-2913 V 3,446,120 -19 2.,'1,1,16 '53„614,226 2013-2D74 4;374,46 '* 2,647,657 S7,=,. i19 �0-:a'�yr 5a'7 S (a) wim be sclusled Mtmo U3x t4i iia fed in glue 2015. Fin O Asstwerl VAlulktion 3.27,149,2813 i ,132,404,172 9 ,270,M,4'24 1,131 x010, 950,56,1,514 025,305,342 B15;476,1 78�7,1�2.y3,743 6D�i° �C1T➢,S3Yi 1,040,312,793 BOYNTOMCBEACH CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal I X I Information Only SUBJECT: Banner Project- Heart of Boynton, Boynton Harbor Marina & Boynton Beach Blvd. SUMMARY: As part of the ongoing marketing efforts to promote Downtown Boynton Beach, Boynton Harbor Marina and designating the "Heart of Boynton" neighborhood, CRA staff designed banners to raise visibility along the major streets, mark a destination and add color to the City's streetscape. The installation is scheduled for February. Heart of Boynton (Exhibit A) Last year the CRA staff designed and installed 16 30x60 "Heart of Boynton" banners located on every other street light along Seacrest Blvd. with efforts to beautify the area. The 3 different banner designs were inspired by the Public Art located on MLK and Seacrest Blvd. Each banner represents the community in "The Heart of Boynton." This year, staff redesigned the banners to be larger 30x84 with a total of 32 banners to be installed on the street lights on east side of Seacrest Blvd. from Boynton Beach Blvd to MLK. Boynton Harbor Marina (Exhibit B) Marina District banners were design incorporate the "Catch Yourself in Boynton Beach" tagline and the water splash feature in two colors to be installed on Ocean Ave. east of Federal Hwy to the bridge. The Marina banners were designed with each element of the Marina: Fishing, Diving, Boating, Dining and the new Boynton Harbor Marina logo with the CRA logo colors: blue, green and purple. Boynton Beach Blvd. (Exhibit C) Welcome to Downtown Boynton Beach banners will be installed with the existing "Catch A" banners on Boynton Beach Blvd. to mark a destination and welcome visitors to Downtown Boynton. FISCAL IMPACT: Budgeted in Project funds 02-58400-445 $30,000 Banner Project CRA PLAN, PROGRAM OR PROJECT: Marketing Budget Exhibit A Exhibit B catc�t yoar�eif iK Boynton Beach Q:1 Pe,— -rrf , r"fWyvo fur ...Boynton Beach marine diilrio! QBoyntbn Beach � 7 a �1� hina diArict Q-�Boynton Beach :70 :5 a m afina iitfict Exhibit C �pt��youN��f;K Boynton Beach BOYNTON CRA BEACH CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I X I Old Business I I New Business I I Legal Information Only SUBJECT: Consideration of Direct Incentive Funding Agreement for the 500 Ocean Project between Morgan Boynton Beach, LLC and the Boynton Beach Community Redevelopment Agency - Tabled 1219114 SUMMARY: The 500 Ocean project is located at the southwest corner of Federal Highway and Ocean Avenue on a 4.8 acre parcel. The project is a mixed -used development with 341 residential units, 13,300 sq. ft. of retail and 6, 600 sq. ft. of office space. The project will add approximately 600 new residents to the downtown area increasing demand for goods and services. The developer and the CRA negotiated a publietprivate partnership to add the office space and develop the building to the National Green Building Certification ICC 700-2012 Silver level. The office space will add daytime activity to Ocean Avenue which will support future retail and restaurants. Developing the project to the Silver Green Building standard will reduce CO2 emissions, water usage and overall energy consumption all goals; of the City's Climate Action Plan. The Agreement is for a 10 year period with the payments being front loaded in the first four years (See Exhibit "D" of the Agreement). The project must be monitored by an independent third party each year of the Agreement to ensure that it is performing at the proposed energy saving level prior to the developer receiving the annual Pledged Project Increment Revenue. FISCAL IMPACT: The estimated payout to the developer over the term of the Agreement is $4,392,770 and the potential revenue to the CRA is $4,737,474. The payout and revenue is dependent on several factors; the valuation placed on the project by the Property Appraiser and the millage rates of the City and the County each year. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Approve the Direct Incentive Funding Agreement for the 500 Ocean project between the CRA and Morgan Boynton Beach, LLC. Z, Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board Meetings\February 2015/500 Ocean DIFA.doc 500 Ocean DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement") entered into as of the day of , 2015, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"), with :1 business address of 710 North Federal Highway, Boynton Beach, Florida 33435. and MORGAN BOYNTON BEACH, LLC, a Florida limited liability company, with a business address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 (hereinafter collectively referred to as the "Developer"). RECITALS: WHEREAS, the CRA has determined that entering into public/private partnerships for the purpose of eliminating slum and blight, encouraging economic development, creating affordable housing and other goals within the adopted CRA plan is beneficial to the public; and WHEREAS, this Agreement pertains to Direct Incentive funding for the 50U Ocean Project, City File No. NWSP 14-002, (hereinafter the "Project") located on property described on Exhibit "A" within the CRA boundaries (hereinafter the "Property"); and WHEREAS, the CRA has determined that the Project is advancing the goals of the CRA plan by meeting the ICC 700-2012 National Green Building Standard Silver and by adding 6,600 sq. ft. of office space; and WHEREAS, at the October 14, 2014 meeting, the CRA Board of Directors (hereinafter "CRA Board"), by appropriate action, made the Project eligible for a percentage of the Tax Increment revenue pursuant to this Direct Incentive Funding Agreement (hereinafter "Agreement"); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, the CRA Board approved this Agreement to its form at its November 12, 2014 meeting; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: 00418021-0 Page 1 of 17 "Agreement" means this Direct Incentive Funding Agreement and all Exhibits and attachments hereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Property as determined by the Palm Beach County Property Appraiser prior to construction of the improvements as reflected in Exhibit `B" attached hereto. "Certificate of Occupancy" means the certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. "Certification" means National Green Building Certification issued by the National Association of Home Builders Research Center to developments that meet the criteria of the ICC 700-2012 National Green Building Standard. "City" means the City of Boynton Beach, Florida. "Commence Construction" or "Commencement of Construction" means the issuance by the City of the permit required for the commencement of vertical construction and the actual commencement of such vertical construction pursuant to and in accordance with such permit. "Construction Loan Documents" means the documents evidencing financing of the construction of the Project. "Direct Incentive Funding" means an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. "Designer's Report" means a report to be submitted to the CRA by Developer outlining all of the elements of the Project to be constructed to obtain the Silver Rating National Green Building Standard as more fully described in Exhibit "C." "Developer" means Morgan Boynton Beach, LLC, as described in the attached Exhibit "G". "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and the EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric -gasoline vehicles. "Silver Rating National Green Building Standard" the standard of the National Association of Home Builders' (NAI -113) Green Building Program based upon American National Standard Institute approved ICC 700-2012 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally -appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Silver Rating requires 349 Performance Points. "Office Space" means the 6,600 sq. ft. of office space to be constructed as part of the Project as depicted on the site approved site plan City File No. NWSP 14-002, which is attached hereto as Exhibit "E" 0041B021-4 Page 2 of 17 "Pledged Project increment Revenues" means the variable disbursement of revenue to the Developer that equate to a percentage of the Project Increment Revenues as set forth in Section 6 of this Agreement. The example of the Pledged Project Increment Revenues calculated over the term of the Agreement is shown in Exhibit "D". "Project" means that certain land development project currently referred to as 500 Ocean, City File No. NWSP 14-002, attached hereto as Exhibit "E" located on property further described on Exhibit "A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property" means the real property described on Exhibit "A." "Redevelopment Area" means those areas within the limits of the City which have been declared blighted and established by the City in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of increment revenues attributable to development within the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach on July 1, 2014, a copy of which is attached hereto as Exhibit "E." "Systems Audit" means a review performed by an independent auditor approved by the CRA and paid for by Developer of the Project according to the 2012 ICC -700 National Green Building checklist including original inspections and certification of the residential units to confirm ongoing compliance with the standards, subsequent blower door testing to confirm compliance with original testing. (Exhibit "F") "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of certificates of occupancy for such units. "Successor or Assignee" means a subsequent owner of the Project, as approved of by the CRA pursuant to this agreement, other than the original Developer, Morgan Boynton Beach, LLC. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit" means a single residential dwelling within the Project. "Unit Type" means Al, B1, Cl, C2, C3, and Dl designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective as of the date of the execution of the Construction Loan Documents for the Project as evidenced by the submission by Developer of copies of same to the CRA. ON19021-4 Page 3 of 17 Section 4. Developer's Obligations — Construction of the Project. 4_1 As part of the Project, Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Silver Rating National Green Building Standard. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach provided that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Stations or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4_2 As part of the Project, Developer agrees to construct the 6,600 sq. ft. of office space as reflected in City File NWSP 14-002, attached hereto as Exhibit "E." 4_3 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and all of its affiliates, contractors, sub -contractors and/or agents who perform any work on the Project, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to attain the Silver Rating National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer shall provide evidence that the all units, once constructed have received a Silver Rating National Green Building Standard using third party verification. The Developer shall provide third party verification that the constructed units comply with the standards for the Silver Rating National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of this Certification requirement shall be as follows: 5_1 Certification and Occupant Education. 5.1.1 Silver Rating Standard. Developer shall conform to the Designer's Report attached hereto as Exhibjt "C" outlining components of the Project necessary for compliance to receive a Silver Rating ICC -700 National Green Building 2012 Standard. This will require a level of Silver for each section inclusive of 75 "Additional Points" available under the program. Certification that this standard has been met will be accomplished at the Developer's expense through the National Association of Home Builders Resource Center as overseer of the program. 5.1.2 Initial Certification. The Developer will provide evidence of Certification meeting the Silver Rating National Green Building Standard based on two inspections for each apartment including a pre -drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Silver Rating National Green Building Standard. The checklists and reports shall be submitted to the City's Development Services Department within fifteen (15) days of completion of the inspection of the Project. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute to all of the Projects occupants a manual identifying the green attributes of each unit and the overall Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of 004180214 Page 4 of 17 the National Green Building Standard that is sometimes referred to as the ` NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided to the building management company regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations, The Developer shall install at the Project the following three Electric Vehicle Charging Stations: one in the commercial parking area and two in the residential parking area. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 552 Non -Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen (15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non -prevailing party. Such non -prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing. Prior to receiving any annual allotment of any Direct Incentive Funding pursuant to this Agreement, Developer shall provide written evidence, at its sole cost and expense, that is satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer to the terms of this Agreement and with all agreed upon Silver Rating National Green Building Standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on at least thirty-four (34) Units each year for the next ten (10) years as evidence that the Units continue to meet the Silver Rating National Green Building Standard and to ensure that the EV Charging stations are constructed and in working order. This systems auditing process is based on the schedule attached and contained within Exhibit "F". The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. 5.3.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2 The examinations and opinions included in the systems audit required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3 The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Page 5 of 17 Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. Each annual performance audit must be submitted to the City's Development Services Department no later than the last day of April for the preceding year. The City shall either accept the audit as sufficient or make the determination that the audit and/or documentation for the audit are deficient, and shall so notify the CRA in writing, within twenty (20) days of receipt of Systems Audit Report. In the event of notification of deficiencies by the City to the CRA, the CRA shall notify the Developer of such deficiencies and distribution of Direct Incentive funding shall be suspended until resolution of the deficiencies. If deficiencies are not resolved to the CRA's satisfaction and a sufficient Systems Audit Report is not submitted to the CRA within 90 days of receipt of notice by the CRA that the submitted Systems Audit Report is deficient, the Developer shall be in breach of this Agreement and the CRA may pursue all remedies available to it under this Agreement and at law and in equity. 5.3.4 Disbursement of Direct Incentive Funding shall occur upon (1) the CRA's acceptance of a properly documented and sufficient Systems Audit Report by the CRA Board demonstrating compliance with the provisions of this Agreement, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of all ad valorem taxes for the preceding year. 5_4 Inspection. Upon providing Developer ten (10) business days prior written notice at any time during normal business hours and as often as the CRA deems necessary the Developer shall make available to the CRA for Examination, all of its records pertaining to the Systems Audits of the units at Developer's office with respect to all matters covered by this Agreement. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding this Agreement at any time for any period covered by this Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5_5 Nan -Compliance. In any year in which the Systems Audit Report discloses that Developer is in non-compliance in any material respect with the requirements of the Silver Rating National Green Building Standard, the Developer may be deemed in default of this Agreement and after the exhaustion of all opportunities to Cure the Default available to Developer as set forth in Section 8, the CRA will be entitled to all appropriate remedies at law and equity, including but not limited to the remedies set forth in Section S below and the CRA, may cease making any further the Direct Incentive Funding to the Developer. Exceeding the agreed upon requirements of the Gold Rating National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating National Green Building Standard hereunder. Section 6. Direct Incentive Funding, The I)irect Incentive Funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of creating and maintaining the energy efficiency improvements, including the improvements necessary to attain the Silver Rating National Green Building Standard and of constructing the 6,600 sq. $. of office space within the Project. 6.1 Direct Incentive Funding Formula and Terni. The CRA hereby agrees to provide Direct Incentive Funding, that is, to pledge and assign to Developer pursuant to the terms of this Agreement for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. No Direct Incentive Funding payments shall be made if the Developer is in default under the terms of this agreement and Developer has failed to sufficiently cure the default as provided herein. 00418021.4 Page 6 of 17 The amount of the Direct Incentive Funding is based on the following formula: Project Increment Revenue times the agreed upon percentage factor paid to Developer each year for a ten year period. The CRA has agreed to pay the Developer the following annual percentage factors: Years One — Four: Seventy -Five Percent of the Pledged Project Increment Revenues Years Five —Seven: Fifty Percent of the Pledged Project Increment Revenues Years Eight Ten: Twenty -Five Percent of the Pledged Project Increment Revenues 6.2 Commencement and Conditions of Funding. The ten (10) year term for the payment of Direct Incentive Funding to Developer by the CRA shall commence on the last day of year that the following conditions are met: A. The 6,600 square feet of Class A Office Space is at a minimum shell complete and the residential portion of the Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from such improvements; D. The Systems Audit Report is received and found to be sufficient by the City and CRA. and E. Developer is in compliance with the terms of this Agreement F. Proof of installation and ongoing efficiency of the three (3) EV charging stations 6_3 Disbursement of Funds. Subject to the CRA finding that the conditions in Section 6.2 have been meet and determining that the Developer is not in breach of the terms of this Agreement, the CRA shall begin annual disbursement of the Direct Incentive Funding upon (1) the CRA Board's acceptance of a sufficient annual Systems Audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement. 6.4 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6_5 Subordination. Any pledge of Pledged Project Increment Revenue pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. 00418021-4 Page 7 of 17 Section 7. Restrictive Covenant. Upon completion of the Project and prior to the issuance of final Certificates of Occupancy by the City, the Developer shall prepare a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which approval shall not be unreasonably withheld or delayed or conditioned. The Restrictive Covenant Agreement shall be recorded and shall contain restrictive covenants including, at least, the following terms: 7.11 Restrictive Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All Units shall be certified to achieve the Silver Rating National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain said standard. The Restrictive Covenants shall also provide that three EV Charging Stations shall also be placed on site and maintained as reflected on Exhibit "E"; 7.1.2 Reference to the Occupant Manuals and availability of Training regarding the green attributes of each unit and the Project as required above in Section 5; 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates as provided herein, including but not limited to Sections 4 and 8; 7.1.4 The Restrictive Covenants shall reference the required annual Systems Audit set forth in Section 5 above and provide the CRA the right to access the units during normal business hours after providing reasonable notice to be audited for the duration of this Agreement. Section 8. Limitation on the Assienment of Prosect Ownership. Assignment of the Project ownership to any other entity or personnel, including those listed on the Florida Department of State Division of Corporations Annual Report filed April 24, 2014 as evidenced in Exhibit prior to the issuance of the Certificate of Occupancy for the entirety of the Project shall make this Agreement null and void. In this event, the CRA shall not be liable for payment of any of the Direct Incentive Funding under the terms of this Agreement. Notwithstanding the foregoing, assignment of ownership pursuant to the exercise of foreclosure by Developers mortgagee shall be permitted. Section 9. Events of Default, Remedies and Termination. 9_1 Default. Upon the occurrence of any one or more of the following events, the CRA may, at its sole discretion, terminate this Agreement and any and all Direct Incentive Funding under this Agreement upon occurrence of any one or more of the following events of default. The CRA may, at its sole option, continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The following shall constitute events of default: 9.1.1 Any inaccurate, incomplete, false or misleading statements made by Developer or its agents or representatives to the CRA with regard to the negotiation, drafting and representations in this Agreement or any associated Direct Incentive Program Applications or documents; 9.1.2 Prior to the issuance of the Certificate of Occupancy for the entire Project, if Morgan Boynton Beach, LLC, the Developer, is vacated, abandoned, or closed or otherwise ceases to exist except for a permitted assignment or transfer of such limited liability entity;. Page 8 of 17 9.1.3 Any breach by or failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect and the Developer's failure to cure the same for a period exceeding thirty (90) days after receipt of written notice from the CRA of the breach of failure to perform. If the CRA determines that the nature of Developer's default is such that more than ninety (90) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 90 -day period and thereafter diligently pursues such cure to completion; 9.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 9.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is not dismissed within one hundred twenty (120) days; 9.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within one hundred twenty (120) days; 9.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within one hundred twenty (120) days; 9.1.5 Should the Site Plan, building or any other necessary permit expire at any time, and should Developer fail to apply for a renewal or extension within sixty (60) days of the expiration of the permit or Site Plan, then this Agreement shall terminate and be of no further force and effect. 9.1.9 should the Developer modify the site Plan m a material manner, as determined by the CRA, with regard to the Silver Rating National Green Building Standard elements of the project and/or the square footage of office space without approval from the CRA then this Agreement shall terminate and be of no further force and effect. 9_2 Remedies. Upon the occurrence of any one or more of the foregoing events of default as set forth in Section 9.1, CRA shall at its option, give notice in writing to the Developer to cure its breach or failure of performance if such failure may be cured. Developer shall not be entitled to any Direct Incentive Funding disbursements until the default is cured. The CRA retains the sole discretion as to whether to disperse any Direct Incentive Funding withheld as a result of the Developer's breach or failure to perform until Developer cures the same pursuant to this Agreement. Upon the failure of Developer to cure within (90) days or such longer reasonable period determined by the CRA if Developer is diligently pursing a cure, the CRA may exercise any one or more of the following remedies: 9.2.1 Terminate this Agreement upon not less than fifteen (15) days notice by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 9.2.2 Commence a legal action for the judicial enforcement of this Agreement. 9.2.3 Temporarily or permanently withhold the disbursement of any Direct Incentive Funding disbursement or any portion of a disbursement and discontinue any further disbursements. 004180214 Page 9 of 17 9.2.4 Take any other remedial actions available at law and in equity. 9_3 Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, to be paid by the non-prevailing party. 9_4 Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 9_5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 9.6 Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 9_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Direct Incentive Funding payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to complete the Project before July 30, 2017, unless extended as provided by written agreement of the parties. 004180214 Page 10 of 17 Section 10. General Conditions. 10,1 CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect the terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual Project Increment Revenues collected by the CRA attributable to the Project and the annual Direct Incentive Funding payments owing and paid to Developer under this Agreement. 10.2 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion, this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 10.3 No Brokers. URA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 10.4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 10.5 Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.5 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served 004180x1-4 Page 11 of 17 by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer: Tom Hayden Morgan Boynton Beach, LLC 650 S. Northlake Boulevard Suite 450 Altamonte Springs, FL 32701 With a copy to: Gerald Biondo Mural Wald Biondo & Moreno, P.A. 1200 Ponce de Leon Blvd. Coral Gables, FL 33134 If to CRA: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Ken Spillias Lewis, Longman & Walker, P. A. 515 N. Flagler Drive, #1500 West Palm Beach, FL 33401 10.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 10.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 10.6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 10.7. Entire Aareement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 10.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 10.9 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ON18O214 Page 12 of 17 10.10 Priority of Interaretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct incentive Program, the terms and conditions of this Agreement shall prevail. 10.11 Headinas. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 10.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 10.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 11. Recording. 11.1 This Agreement may be recorded in the Public Records of Pahn Beach County, Florida. 11.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise, This agreement and the rights and obligations hereunder, including without limiting the generality of the foregoing, the Restrictive Covenant, are subordinate in all respects to any first mortgage lien now or hereafter placed on the Property. 11.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 11.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 12. Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. To the extent the Developer generates or maintains documents considered 00419021.4 Page 13 of 17 public records pursuant to Florida Statutes as a result of this agreement, Developer shall comply with Florida's Public Records Law. Specifically, the Developer shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records by providing the same to the CRA upon request on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Developer upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Developer to comply with the provisions set forth in this agreement/contract shall constitute a default and breach of this Agreement. If Developer fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Section 13. Total or Partial Destruction. 13.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon Silver Rating National Green Building Standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer continences within thirty (30) days of the event the obtaining of building permits for the restoration and repairs and once issued diligently pursues such repair and/or restoration until completion. If Developer has not commenced repairs and restoration within ninety (90) days, the CRA may terminate this Agreement. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to continence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Direct Incentive Funding to Developer. If repairs and restoration have not been completed within one (1) year of the event of natural disaster, Act or God or major catastrophe, the CRA may terminate this Agreement. 13.2 This Section I 1 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. 0141 9021 •a Page 14 of 17 [SIGNATURES ON FOLLOWING PAGES] 004180x1-4 Page 15 of 17 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES Print Name: Print Name: STATE OF FLORIDA ) SS: COUNTY OF ) MORGAN BOYNTON BEACH, LLC a Florida limited liability company By: Print Name: _ Title: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of MORGAN BOYNTON BEACH, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of MORGAN BOYNTON BEACH, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, 1 have set my hand and official seal at in the State and County aforesaid on this day of My Commission Expires: Notary Public, State of Florida at Large [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]. [CITY SIGNATURE ON FOLLOWING PAGE] 004160214 Page 16 of 17 WITNESSES Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Un M3 Jerry Taylor, CRA Chairman BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2014. My Commission Expires: Notary Public, State of Florida at Large 00418021-4 Page 17 of 17 EXHIBIT "B" BASTE VALUE GaryR JM1ffwB ,CFfl Homesbod £xerhvj6r) AMPrai'mLocation Address 101 S FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08.43-45-28-03-007-0010 Subdivision BOYNTON TOWN OF IN Official Records Book 24660 Page 827 Sade Date JUL-2011 Legal Description TOWN OF BOYNTON ALL OF 8LK 7 612 IN PB1 P23, ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN Pei SPI 8 A PT OF ABND SE 2ND AVE, Mailing address No Exemption Information Available. Number of Units 0 owners Acres 4.5171 PO BOX 25999 'CAPSTONE RESDEV LLC Tax Year SHAWNEE MISSION KS 66225 5999 Sales D40fe Price OR Book/Page WcC ype Owner JUL-2011 $6,600 24660 /0827 CERT OF TITLE CAPSTONE RESDEV LLC DEC -2004 $650,000 18074 /0853 WARRANTY DEED BOYNTON VENTURES I LLC DEC -1994 $100 08558 10817 CERT OF TITLE DEC -1994 $100 09558/0815 CERT OF TITLE OCT -1994 $100 084S7/0154 CERT OF TITLE la Exemption Amount $0 s0 No Exemption Information Available. Number of Units 0 l oral Square Feet 2337 Acres 4.5171 Use Code 1700 - OFFICE ONE STORY Zoning MU -H - Mixed Use High ( 08-BOYNTON BEACH) Tax Year 2014 2013 2012 Improvement Value $51,484 $23,590 $23,471 Fund Value $5,017,533 $3,541,788 $3,541,788 'lata,] "Arket Value $5,069,017 $3,565,378 $3,565,259 All values are as of January 1 st each year Tax Year 2014 2013 2012 Assessed Value $3,921,916 $3,565,378 $3,555,259 Exemption Amount $0 s0 S0 Taxable Value $3,921,916 $3,565,378 $3,565,259 Tax Year 2014 ?013 2012 Ad Valorem $97,504 $80,931 $80,879 Non Ad Valorem $1,065 $998 $998 Total tax $98,569 $81.929 $81,871 EXHIBIT "C' I I F1eowM�nowtlrw�+ 2012 M�brybMf .!� aMVXms4nnMnlFwrA lta ks.M.X/pmwn4 YXMmANM4vo-aWlw.e +lr. qE# rYdwr4....k�iae. W F 'sk3aYd.tW.dd�.r.4.beY..•� wo os -w- rrr�. Wl y �k.A � +.ee.mesarenzswwmmXe+-+4 •++ O.ASMY•MbbwW14-Mrw!#MLmiYw....we�.a.r�vtr�gr+� �-�p�YeeenwmmhN�.�•+�-w+�ae�wa.wkwNan4m[Wu�.+� �t+f#k+rmaatmelsnYwmwuaeersrmx+nrd s NlKA-b . 9 4Mb1.k.naN}.\. 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(q N (A S x x m .It g gigue •S- �_ - �+ fib? = w L. a� a Fad �g �A o — EXHIBIT "F„ 500 Ocean Green Building Monitoring Ilan Green Building Measure Verification Checklist The following green building measures will be monitored annually in common areas and residential units in accordance with the unit sampling plan. Common Area Items ✓ Function of EV charging stations ✓ Verify that irrigation system is functioning as designed (nozzles and spray heads, zoning) ✓ Verify that lighting motion sensors are functioning Residential Unit Items ✓ Visual inspection of building envelope. The following are caulked, Basketed, weather stripped, or sealed: • Joints, seams, penetrations o Windows, doors, skylights are caulked, flashed, sealed appropriately Openings between window and door assemblies, jambs, frames ✓ Verify shower heads and faucets remain installed as designed (no -changing heads) ✓ Check carbon monoxide alarms ✓ Check that MERV S filters are still being used ✓ Dryer exhaust connection is maintained ✓ Kitchen exhaust hood functions properly ✓ Hot water heating pipe insulation ✓ Blower Door Test ✓ Leave behind an educational brochure detailing: • green building features and energy conservation tips, + thermostat control set points 0 benefit of turning lights off Green Building Measure Verification Plan Each residential unit will be verified in accordance with the verification plan outlined in the table below. Year Floors Al 131 C1 C2 C3 Lel Unita Verified Per Floor 1 1 13 0 2 1 0 11 0 8 0 3 0 0 0 33 1 Total Units Verified In Year 1 34 Year Floors Al S1 C1 C2 C3 01 Unita Verified Per Floor 2 2 17 2 Total Units Verified in Year 2 B B 0 0 34 34 Year Floors Al 139 3 Floor 2 0 0 Floor 3 21 0 Totxul Units Verifled !n Year 3 C1 0 0 C2 4 0 C3 3 0 CH B 0 Units Verified Per Floor 13 21 34 Year Floors Al 611 C11 C2 C3 D1 dirtily Verified Per Floor 4 Floor 3 0 0 Floor 4 1 0 17 0 10 0 3 0 3 0 33 1 Total Units Verified In Year 4 34 Year F1oom Al 131 C1 C2 C3 131 Unito Verified Per Flo®r, 5 Floor 4 22 3 4 0 0 0 34 Total Unita Veil -Red in Year 5 34. Year Floors Al S1 C1 C2 C3 D1 Units Verified Per Floor 5 Floor 4 0 0 Floor 5 2 0 13 0 10 0 3 0 5 0 32 Total UnitsVeriiFed In Years 34 Year Floors Al 131 C1 C2 C3 DI Unlit Verified Per Floor a Floor 5 21 3 0 0 0 Total Units Verlfled En Year T 34 Yoar Floors All 131 C7 C2 C3 01 Units Verified Per Floor B Floor 5 0 0 12 10 3 9 34 Total Units Ver9fisd In Your 8 34 EXHIBIT "G" 2014 -FLORIDA LIP -FEED LIMILEY CO 3P -MINUAL =PM DOCUMENT# L13000051247 Entity Name: MORGAN BOYNTON BEACH, LLC Current Principal Place of Business: 1200 PONCE DE LEON BLVD CORAL GABLES, FL 33134 Current Mailing Address; 1200 PONCE DE LEON BLVD CORAL GABLES, FL 33134 US FEI Number: 46-4005561 Name and Address of Currant Registered Agent: MURAL WALD SIONDO MORENO & PEGG, PA. 1200 PONCE DE LEON BLVD CORAL GABLES, FL 33134 US FELED Apr 24, 2414 Secretary of State CC3793671368 CerWcata of Status Desired: Yes The ®bots named wW aabmb BNs stmlamnt tar file pwpose of chaaaft b roodersd oallce a r/VaWad agw4 or beth, In Bre Sh& of 191orade, SIGNATURE: Electronic Slgnedrre of Registered Agent Date AiAharized Person(s) Detail Title MGRP Name MORGAN, ROBERT Address 1080 PITTSFORD VICTOR RD Gly-Stele-ip: PITTSFORD NY 14534 Title VP Name HAYDEN, TOM Address SW S NORTHLAKE BLVD STE 450 C1tyStata-Zlp: ALTAMONTE SPRINGS FL 32701 Title MGRV Name LECCESE, SALVADOR Address 850 S NORTHLAKE BLVD STE 450 Cites -Zip: ALTAMONTE SPRINGS FL 32701 Title VPS Name GROSCH,FRANK Address 850 5 NORTHLAKE BLVD STE 450 C4-ftts-ZIP: ALTAMONTE SPRINGS FL 32701 1rarelryrcererya�Meb krd oafbAsportarar�peaexrdsl►gpaelabeeeedeaaureaeandrdRerysha orafcajpnabaeahal'hauaMaman+.Agaraeaeurn"andr ced& rte r tee reembxprRafpror ttis amaad eAbary mbar eie rereolwr abwtee emparerod m exeaaee trda+epal as ngaihd br AodrLa3bftftwwW OWNWpaeogpp eabove,Gran maffimWferdWOSoare SoWpowmad, SIGNATURE: MORGAN, ROBERT MORP 04/24/2014 Electmnic Signature of Signing Authorized Person(s) Dotal Data sow" BOYNTO rCRA BEACH CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I X I Old Business I I New Business I I Public Hearing Other SUBJECT: Update on Marina Village Parking Garage Management SUMMARY: On Monday, February 2, 2015, Marina Village held its monthly master condominium association meeting and has decided to charge a parking fee for the non- residential parking spaces of the development's privately owned and operated parking garage. A five ($5) dollar fee for all day parking will be implemented seasonally; beginning, Friday, February 13, 2015 and ending Sunday, June 14, 2015. Fees will be charged Fridays through Sundays, 7 am to 9 pm. On January 13, 2015 the CRA Board directed staff to pursue an agreement with One Boynton LLC to use the property located at 114 N. Federal Highway for free public parking which will provide additional parking for the businesses and employees as a short term solution. After several discussions with the property owner's representative and legal counsel, CRA staff has provided a draft Temporary Use of Property Agreement for their review and comment. This item will be presented to the CRA Board at a future meeting. FISCAL IMPACT: None RECOMMENDATIONS: Information Only. Michael Simon, Assistant Director T:IHGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslFebruary 20151Update on the Marina Village Parking Garage.doc Meeting minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2016 The motion passed 6-0 (Mr. Merker not present for the vote.) Mr. Merker returned to the dais at 7:52 p.m. A. Discussions of Options for Marina Village Parking Garage Management Ms. Brooks explained this was a complex issue and commented the parking garage is private and the GRA has no legal authority to determine whether to impose a parking charge or not. Additionally, there is not enough parking in the garage and that fact was very clear when staff met with the Marina tenants. She explained the employees were using the parking spaces. Most people that want to use parking are visitors, tourists or customers, but they are unsure they can park in the garage. Ms. Brooks explained the CRA never gave one dollar to the Marina Village project and there is a rumor the CRA subsidized $1 million. When Ms. Brooks left the captains' meeting she recognized there is dust not enough parking. Currently, the HOA fee for the right to own the waterfront parcel where the ship store is was $24,000 a year and that gives the CRA the right to 77 parking spaces, but not to own them. More were needed. If the CRA paid the maintenance or the cost to monitor what was going in and out of the garage, it would be another $66K, which would raise their fees up to $84K in a private garage. CRA staff spoke with Mr. Gamalier, who owns the former Bank of America site, and there is a parking lot that can accommodate 200 parking spaces. Ms. Brooks suggested rather than spend money on what staff knows is not enough parking at the garage; they lease the,Bank of America parcel for parking spaces until staff could find an area for a public parking garage. The CRA would handle maintenance of the land and cover the insurance to provide 200 free public parking spaces with the Marina logo on them at the corner of Ocean and Federal and at Boynton Beach and Federal. It would be much easier for the average person or visitor to find, which would help. The land is also centrally located. Ms. Brooks thought it was a win-win, and the land should be vacant for about three years. Ms. Brooks thought this was a forward looking solution and the CRA not try to manage a private garage, and she proposed leasing the land for $20,000 and cleaning and striping the property which would be about a $40,000 one-time charge. Mr. Fitzpatrick noted the site was an eye sore, and could be subject to Code violations. He asked, in the future, if the CRA would to have to pay for landscaping. Ms. Brooks responded she included landscape and maintenance costs to get a lower price. The cost would be $20,000 plus maintenance and insurance. Once they did the main cleaning, it was just trimming the hedges. Mr. Hay thought insurance would be important and expensive and Susan Harris explained the CRA would not have to pay additional insurance. It was part of the general liability insurance for the CRA in total. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Motion Mr. McCray moved to table the item until they received all the costs. Mr. Merker seconded the motion that failed 2-5 (Chair Taylor, Vice Chair Casello, and Messrs. Buchanan, Hay, and Fitzpatrick dissenting). Ms. Brooks requested further direction. Vice Chair Casello inquired how many parking spots were in the garage and learned there were 122 spots. He asked why the top floor has 86 spots available, why those spots were blocked off and how they calculated parking with the building's density. Ms. Brooks explained the developer used urban land -use, shared -parking calculations which do not allow one to differentiate between commercial and residential uses. They also do not calculate that the developer was holding parking spaces for sale which they allowed. In her planning opinion, if the developer used the shared parking calculations, they should not be allowing the gate or sale of parking spaces. Those were privately held by the Related Group and the Related Group was trying to sell those parking spots to the CRA. In the height of the market, residents received one parking spot, but they have one, two and three bedroom units and those residents have more than one car. If Marina Village wanted to charge $5 for parking, the CRA could not oppose it. Mr. Buchanan thought this would take some time to accomplish, and he asked if the Related Group would charge immediately. Ms. Brooks explained there is parking on the Bank of America site that was now usable. She thought upgrading that lot was not far away. They just needed to bring an agreement back to the Board and thought it could be presented to the Board in February. She commented they could ask Marina Village to hold off charging for parking as a courtesy, but there are parking spaces that were clean and ready to go now. Mr. Fitzpatrick clarified the residents who live there with one parking space and have more than one car are parking in public spaces. He understood the condo association would kick them off and they would monitor the matter. Ms. Brooks responded Marina Village has been towing them if they park there overnight. Motion Mr. Buchanan wanted to pursue the 200 spaces and so moved. Mr. Hay seconded the motion that passed 5-2 (Messrs. McCray and Merker dissenting). C. Request for Further Direction from the CRA Board on the Response to the Ocean Breeze East RFP from HH Boynton, I.LC This item was heard earlier in the meeting. 17 BOYNTOCRA .BEACH CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I X I Old Business I J New Business I J Legal Information Only SUBJECT: Consideration of Purchase Agreement with Gardner Capital for CRA Owned Property Along the Martin Luther King, Jr. Blvd. Corridor SUMMARY: At the December 9, 2014 CRA Board meeting the Board voted to Issue a Notice of Intent to Dispose of Real Property after receiving a Letter of Intent from Gardener Capital for CRA owned property along the south side of Martin Luther King, Jr. Blvd. The Notice of Intent was published and no other interested party came forward with a proposal. Gardner was attempting to submit the site for 2014 Florida Housing Finance Tax Credits but was unable to get the project through the City land use and zoning process in time for the February deadline. However, they are interested in pursuing tax credits for the 2015 cycle. Staff and members of Gardner Capital have negotiated the attached Purchase and Development Agreement in which Gardner pays the CRA $600,000 for the CRA land to be paid at construction loan closing. This price is based upon the potential number of housing units that can be built on the land. The developer will be taking the property through the entitlement process as soon as possible if the Purchase and Development Agreement is approved. FISCAL IMPACT: If the project receives funding, the CRA would receive $600,000 for its property in 2015. If Gardner is able to assemble other parcels adjacent to the CRA's land, the estimated annual TIF generated from the new developments is $60,000 to the CRA. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Staff recommends approving the attached Purchase and Development Agreement. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslFebruary 20151Gardner-MLK.doe PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and GCI DEVELOPMENT FLORIDA, LLC. (hereinafter "PURCHASER"). In consideration of Ten dollars ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of fourteen parcels located in Palm Beach County, Florida (the "Property") and more particularly described as the parcels identified in the yellow areas identified on Exhibit "A" and further identified by Property Control Numbers on Exhibit "B": 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be SIX HUNDRED THOUSAND DOLLARS AND 001100 ($600,000.00). The Purchase Price shall be predicated upon the PURCHASER'S ability to construct at a minimum 44 units of multi -family development on the CRA parcels. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close no later than 30 days from the issuance of the construction permit (hereafter "Permit) for the multi- family development (the "Closing"), unless extended by other provisions of this Agreement or by written agreement signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.2 hereof. 00447847-I PURCHASE AGREEMENT/GARDNER Page 2of11 7. INVESTIGATION OF THE PROPERTY. From the Effective Date until issuance of the Permit ("Feasibility Period"), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than forty-five (45) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities (excluding, specifically, the obligation to satisfy monetary Judgments or other recorded claims of lien to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is ooaa7aa7-i PURCHASE AGREEMENT/GARDNER Page 3 of 11 unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property The Property shall be cleared of all structures and pavement prior to closing. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5 Zoning and Site Plan Approval The SELLER property any additional property acquired (the "COMBINED PROPERTY") before 120 days of the effective date will concurrently have been rezoned in a manner that will allow the construction and OD447947-1 PURCHASE AGREEMENT/GARDNER Page 4 of 11 operation of a multi -family apartment prior to closing. The PURCHASER will cooperate with the SELLER in making and processing any applications and forms required by the City of Boynton Beach or other authorities having jurisdiction over the COMBINED PROPERTY to obtain rezoning and approval of a site plan in a manner that will permit the project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the rezoning and site plan approval. In the event, that the PURCHASER does not close on the PROPERTY, the SELLER shall reimburse PURCHASER for documented rezoning and site plan approval expenses excepting those relating to overhead and legal expenses of GCI. PURCHASER shall remit expenses to the SELLER within thirty (30) days from the termination of the Agreement. 8.6 Design Approval The SELLER will provide approval of the design of the project from its Board prior to or at the time of application for any zoning or site plan approvals. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and proration between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exception. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 00447947-I PURCHASE AGREEMENT/GARDNER Page 5 of 11 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either parry, be readjusted upon receipt of tax bill. 10.2 Closing SELLER shall pay for documentary stamps on the deed and recording the deed. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mort"a cs and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authod1y. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 00447847.1 PURCHASE AGREEMENT/GARDNER Page 6 of 11 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. 12.2 SELLER'S Default. In the event that SELLER that fail to fully and timely to perform any of its obligation and covenants hereunder or if any of sellers representations including other than notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option declare SELLER in default under this Agreement in which event PURCHASER may terminate this agreement and neither party shall have any fiu-ther rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Kenneth Dodge, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 W447847-1 PURCHASE AGREEMENTIGARDNER Page 7 of 11 If to Buyer: GCI Development, LLC Joe Chambers, Manager Director 205 E. Central Boulevard Suite 304 Orlando, FL 32801 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing multifamily development. 18.1 SELLER DESIGN APPROVAL. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments or approval of the design to PURCHASER at its next regularly scheduled Board meeting after PURCHASER submits plans for approval. 00447647-1 PURCHASE AGREEMENT/GARDNER Page 8 of 11 18.2 Development Timeline. The following events must be documented in writing and provided to the SELLER upon completion of each. a) Approval of project financing including the award of tax credit equity, construction loans and permanent financing commitment in an amount sufficient to develop the project the later from 18 months of Effective Date or 9 months after the final submittal date for the 2015 cycle of Competitive Tax Credit Applications as determined by the Florida Housing Finance Corporation (FHFC). SELLER to be provided proof of project financing. b) Completion of construction documents within 4 months of a binding commitment for the syndication or sale of tax credits acceptable to PURCHASER. Plans stamped by a licensed architect or engineer shall be submitted to SELLER. c) Submit for a construction permit within 5 months of binding commitment for the syndication or sale of tax credits. Proof of permit application fees paid will be provided to the SELLER. (Note: unknown time period) Upon City of Boynton Beach issuance of the building permit a copy will be provided to SELLER. d) Groundbreaking ceremony and Commencement of construction shall occur within 2 months of issuance of a building permit. SELLER will be in attendance at the ceremony and participate in its planning. e) Certificate of Completion to be provided within 15 months of Building Permit issuance. 18.3 Reverter/Termination of this Ageement. If the timeline outlined in this Section is not strictly met lieu, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 18.4 Option to Renew Agreement. ement. If PURCHASER is unsuccessful in obtaining 2015 Florida Housing Finance Tax Credits or other form of financing for the Project, the Seller and Purchaser may agree to renew this Agreement for another year. 19. MISCELLANEOUS. 19.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire 00447847-1 PURCHASE AGREEMENTIGARDNER Page 9 of 1 l agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to tune periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation, hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. if any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of 1urTrial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 00447847-1 PURCHASE AGREEMENT/GARDNER Page 10 of 11 19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.14 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 19.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. 00447847-1 PURCHASE AGREEMENT/GARDNER Page 11 of 11 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER GCI DEVELOPMENT FLORIDA, LLC By: Print Name: Title: Date: Witnesses: Approved as to form and legal sufficiency: CRA Attorney 00447847.1 SELLER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Jerry Taylor Title: Chair Date: Witnesses: WWI ;AMC OF ail lie UJ CL 0 CL Ma U OL EXHIBIT "B" CRA OWNED PROPERTY CONTROL NUMBERS 08-43-45-21-10-005-0050 08-43-45-21-10-005-0090 08-43-45-21-10-005-0100 08-43-45-21-04-000-0202 08-43-45-21-10-004-0130 08-43-45-21-10-004-0100 08-43-45-21-10-004-0090 08-43-45-21-10-004-0080 08-43-45-21-10-004-0060 08-43-45-21-10-004-0050 r 04 el BOYNTON'01 .CRA =BEACH ,I.. CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I X Old Business I I New Business I J Legal j Information Only SUBJECT: Consideration of Development Agreement Terms with HH Boynton, LLC for Ocean Breeze East SUMMARY: CRA staff and legal met with representatives of HH Boynton on January 9th to review the terms of a potential Purchase and Development Agreement for the Ocean Breeze East site. Staff conveyed that at a minimum, an outline of deal terms must be presented to the CRA Board members at the February 10t" CRA Board meeting. The developer is planning on building approximately 200 residential units on the entire site with a 12,000 sq. ft. medical office building. Staff received the attached letter on February 5t" from Hudson Holdings. The essential terms that HH Boynton is requesting are: 1. The CRA land will be purchased $500,000 in 2030 at 4% non -compounded interest 2. The CRA pay for the RFP required site improvements; sidewalks, landscaping and streetlights in the amount of $600,000. 3. A Direct Incentive Funding Agreement for 50% of the tax revenue income from the project for a 15 year term. FISCAL IMPACT: Under these terms, the CRA would be granting a land write down of between $3.2 and $6.4M for its land. The DIFA would cost the CRA approximately $1.5M over the requested 15 year term. The streetscape improvements are estimated at $600,000. The total cost of the incentives is between $5.3M and $8.5M. The estimated value of the completed project is $21 M. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Staff does not recommend that the CRA hold a loan for its land. The land should be paid for at construction loan closing. Secondly, the streetscape improvements were a requirement of the RFP and therefore, should not be paid for by the CRA. Lastly, the term of the DIFA should be for 10 years not 15. If the developer and Board can agree to these terms, then a Purchase and Development Agreement can be brought back to the Board for approval at the March oard meeting. Vivian L. Brooks Executive Director T:%AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingslFebruary 20151HH Boynton.doc D IH [HUDSON HOLDINGS 20 a Swinton Avenue Delroy Beach, FL 33444 T. 561.768.7621 F. 561.274.2158 wwwhudsonholdings.com Outline for Ocean Breeze RFP This will act a Hudson Holdings, LLC (HH Boynton Beach, LLC) outline for terms of the Ocean Breeze RFP. Hudson Holdings will purchase the property for $500,000 with the following terms:The CRA will issue a second mortgage and balloon note in the amount of $500,000 at closing to bear interest in the amount of 4% per year non -compounded. The note and accrued interest will be due in full the earlier of 15 years or sale of the property. Hudson Holdings will develop the project on the combined property to include the remain- ing property from JMS Boynton Beach, LLC that is along the frontage of NE 6th Avenue. The CRA will contribute $600,000 toward the offsite improvement as described in the RFP as curb, sidewalk, street lighting and landscaping around the perimeter of the site. The Seabreeze frontage is already completed. Hudson Holdings will additionally construct and manage a 12,000 foot medical office building on the property.Tax Increment Refund in the amount of 50% each year for a total of 15 years. The time line for the process 30 days after execution of PDA between the City of Boynton Beach and Hudson Holdings would be as follows: 1.9 months for entitlement, permitting, and rezoning. 2. 16-18 months for demolition, site work, and construction Construction financing will be secured during the entitlement process. During construction, permanent financing will be secured to take out the construction loan. Steve Michael Hudson Holdings Principal N7JC BEACH CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I J Old Business 1 X 1 New Business I I Legal I I Other SUBJECT: Discussion of Commercial Rent Reimbursement Grant to Boynton Beach Dive Center, LLC SUMMARY: The Commercial Rent Reimbursement Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi-year lease. One of the conditions of grant is that an existing business in the CRA District must expand its square footage by 50% of its current space. Boynton Beach Dive Center, LLC has leased its current location at Yachtsman Plaza. since 2008. Yachtsmans Plaza was recently sold and the new owners sent Boynton Beach Dive Center, LLC the attached Notice of Termination of Tenancy and Invitation to Negotiate New Lease. Boynton Beach Dive Center, LLC rents approx. 1568 sq. ft. (see attached floor plans) at Yachtsmans Plaza for $1500 per month (attached are 2 months of cancelled rent checks). The new landlord of the plaza verbally advised the owners of Boynton Beach Dive Center, LLC that the new rental rate would be increased to $25 per sq. ft. This would increase the monthly rent to approx. $3,266. Boynton Beach Dive Center, LLC does not feel they could maintain their business and salaries with the increased rent based on past sales records. The dive shop has found another location within the CRA District at the same monthly rate of $1500 (212 S. Federal Highway — the old Beachcomber Art Studio) however; the new location is 1,230 sq. ft. which does not meet the grant condition of expanding its square footage by 50%. CRA Staff is requesting the CRA Board to approve the grant on the basis that Boynton Beach Dive Center has been a long standing local business and meets all other requirements of the grant. The business is being forced out of its current location due to the increase of rent. The business will be occupying a highly visible vacant property on the Federal Highway Corridor and is actually doubling their retail sq. footage (see the attached floor plans). The Rent Reimbursement Grant is reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02-58400-440/444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Rent Reimbursement Grant for Boynton Beach Dive Center, LLC, not to exceed $7,200.00 annually in light of not meeting the condition of a 50% expansion in sq. ft. Michael Simon Assistant Director October 1, 2014 — September 30, 2075 Boynton Beach Community Redevelopment Agency Commercial Rent Reimburse t Program Rules and Requirements SUBMISSION OF AN APPLICATION 15 NOT A GUARANTEE OF FUNDING It Is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's RuleslRequirements and Application. The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the 'CRAJ district. The program is designed to provide financial assistance to new and existing businesses In the form of rent reimbursement intended to help businesses during the critical first year of operation in order to effectively promote new businesses within the CRA thereby remedying and preventing conditions which lead to slum and blight. 1. , Program The Commercial Rent Reimbursement Program offers financial assistance in the form of quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. The Commercial Rent Reimbursement Program funding may be budgeted annually by the CRA Board and awarded on a first come, first -serve basis. All applications arra subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements In order to be considered eligible to receive grant funding: 1. Dependina on the level of grant funding, empLoy full-time eguivaleqt em to ees defined as working a minimum of thirty-five 35 hours Per week at the revallin Federal minimum wage. Page 1 of 11 710 N. Fedem1 Highway Boynton Beach, FL 33435 Pyne 561-737-3256 Fax 561-737-3258 w-ww.caichba nion.com 2. Must be located within the CRA District (see attached map). 3. Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fll'ty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA. as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must have a proposed or executed mulil-year lease (two year minimum). ill. Ineli ible Business s & Conditions Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Program: Firearm Sales o Convenience Stores Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops/Body Piercing/Body Art Shops • Financial Services (banking & check cashing stores) Take -Out Foods Adult Entertainment o Liquor Stores o Vapor Cigarette, Electronic Cigarette, E Cigarette Stores © Kava Tea Bars Pawn Shops Page 2 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 ►vul�w. catch�oynton.com IV. Grant Terns and Conditions This grant is divided Into three tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available W the business. Tier One Business (Full Service Restaurants Only) Tier One Businesses are eligible for up to half of the business's monthly rent or $1,000 per month, whichever is less. (Ma)imum amount of the grant Is $12,000.) Four fu Wme equivalent Jobs must be created and retained for one year to be eligible for the funding. Only full service restaurants with a minimum total seating capacity of 50 seats are eligible. The restaurant must have hours oonducive for the redevelopment of the downtown. Operating hours Include but are not limited to 12:00 p.m. —10:00 p.m. Tier Two Businesses Tier Two Businesses are eligible for up to half of the business's monthly rent or $500 per month, whichever is less. (Maximum amount of the grant is $7,200.) Tier Two Businesses must be one of the following types of businesses: Restaurants with total seating capacity under 50 Gourmet Food Market Bakery © Bed and Breakfast Clothing Boutique - clothing, shoes & accessories Home Noor/Design - home furnishings, art galleries, kitchen wares Specialty Businesses - stationery, gifts, sporting goods, personal care Pilates/yoga studios, fitness centers and salons Tier Three Businesses Tier Three Businesses are eligible Tor up to half ar the business's monthly rent or $500 per month, whichever is less. (Maximum amount of the grant is $8,000.) Tier Three Businesses may oonsist of any other eligible business not listed in Tier One or Tier Two above. Lease Terms Applicant must be a tenant and have a proposed or executed multi-year lease (two year minimum). The commercial lease must define the landlord -tenant relationship and at minimum provide the following Information: A description of the space being rented including square footage and a drawing of the space. Page 3 of 1 l 714 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-137-3258 www.catchbo tvn.coih Description of utilities that are the tenant's responsibility. • Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. Insurance requirements. • Ability to terminate. • Consequences of default on the lease. Rent reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business In open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of vent at any time, nor penalties incun�ed for the late arrival of Payments by any party. The Commercial Rent Reimbursement program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not advance the goals and objectives established for the economic development of the CRA district. The receipt of past payments Is not a guarantee of future payments. V. Procedures for A licaUon a d ADDMval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. i=unding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principal/owners of the business. Make check payable to: Boynton Beach CRA 2. Completed and signed application. Page 4 of I] 710 N. Federal Hinvay Boynton Beach, FL 33435 Phone 561-737-3256 Pax 561-737-3258 www.catch n q .cash I Completed and signed Authorization to Perform Credit Check for the business and each principaVowner of the business (forms attached to the application — multiple forms may be needed for principaVowners of the business). 4. W9 Form (attached to grant application). 5. Copy of City and County business licenses. fi. Resume for each principallowner of the business. 7. Copy of the corporate documents for the applying business entity. B. Copy of executed or proposed multi-year commercial lease agreement. 9. Two (2) years of corporate tax retums (for existing businesses orgy). 10. Two (2) years of personal tax returns for the pdncipakslownens of a new business. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50°%) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. it is recommended that the applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Propglo leases must be executed within thirty (§0) days of CRA Board approval or the cr� award Is terminated. VI._Procedures for Relmbursement Quarterly Rent Reimbursement Payments Rent reimbursement payments will be provided to the grant recipient on a quarterly basis beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CIA with proof of employee wage reporting for four (4) consecutive quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January 1, April 1, July 1, and October 1 following the Initial Reimbursement Request. Page 5 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 Mn L,catchbovntaii-corn In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement 2. Proof of rent payment (i.e., copies of the front & back of cancelled rent checks for that quarter's reimbursement or proof of direct deposit). 3. For W-2 eligible employees, Florida Department of Revenue Employers Quarterly Report (RT -B) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, S -corporations and 1099-MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Site Visits CRA staff will conduct a site visit before reimbursement payments begin in order to verify that the business Is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Page 6 of 11 710 N. Federal Highway BoyrAon Beach, FL 33435 Phonc 561-737-3256 Fax 561-737-3259 w�_vw&gghbomton.cop ,c„ .' October 1, 2094 - September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Application (Please Type or Print Only-- Use Additional Sheets N Necessary) BUSINESS INFORMATION: Business Name (D/B/A if applicable):f- - Current Business Address:—,`G 33y3J Fed ID# qQ 7 j Phone- f -2, - 6 Fax: .� f - - 5 Website: tl r Cu nLk r - L• Cam _ Existing Business: Yeses No Number of years in existence: r New BUSIness to Boynton Beach: Yes No -X Time at Current Location: q 14g ou $ Do you have an executed lease agreement: Yes No )Q If so, monthly rent_ l 5 Q o t` r1C.Yo� - %- (must be within CRA District):_ ! =5 , Fewjp, F L- 3 v- 5 _ Squares footage of existing location J&QQ Square footage of new location I -4D[? ._. Type of Business:._ t' l f -- Number of Employees: Ph Hours of Operation: : 30 - 1,9 In - <ai Pogo 7 of 11 710 N. FedmW Highway Boyniam Beach, FL. 33435 Photic 561-737-3256 Fax 561-737-3258 VL'w •.catchbg, mtnn.com 1- Principal/Owner Date of Birth: _ I ti Current Address; Email: 2. NncipaMmer Date of Birth: 10 Current Address: Email: Phone #: jkj1-6!1.2-- #: %5101 - 4qS- 3. Principal/Owner Name: Date of Birth - Current Address: Email: _. _ Phone #: 4'r Principal/Owner Name; Date of Birth: Name,------, Current Address: Email:# - LANDLORD INFORMATION: Landlord Name: I1f p n u) 2i!a� n Landlord's Mailing Address:: i IA 2 A _ iVF-1 Phone #:. 5Qi- ? 3:2=1 =1 1 Are you applying for grant assistance under any other program offered by the CRA (Tier One Businesses only): Yes Nom If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No� If yes, list any additional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the Information fumished in support of the application, is given for the purpose of obtaining a grant under Page 8 of L 1 710 N. FrideraI Highway Boynton Bim, FL 33435 Phone 561-737-3256 Fax 561-737-3258 �iJus�;.calc��n�ta�i. cni�3 the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement program, and it is true and complete to the best of the appllcant(s) knowledge and belief. The appllcant(s) further certifies that he/she Is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false Information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue rent reimbursement payments at any time if in its sole and absolute determination It feels such assistance no longer meets the program criteria or is no longer benefiting the fiurtheranoe of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent lo the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the GRA or its agents to take photos of myself and business to be used to promote the program. I understand that If this application and the information furnished In support of the application are found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. iw// zaei� Principal/ighature Date Printed Name Title //-�Y,//s Printed Name Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Page 9 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561.737-3258 www.catchhMton.com Notary as to Principal/Owner's Signatures. Multiple notary pages may be used if signing individually. STATE OF R -O ID k COUNTY OF 4 BEFORE ME, an officer duly law it oaths and take 7 � who is/are personally known to me or produced - ob&4= ' 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 FO gRINGI I hav setm hand and official seal In the State and Coun aforesaid on this day of 1imu K4.4 20__L.!;r TRAW DAO Nar'y PUBLIC NOTARY BL C STATE OF FLORIDA Comm# EE881554 My Commission Expires: t ).EW'res 317/2017 Page 10 of 11 710 N Federal Highway Boynton Beach, FL 33435 Phone 551-737-3256 Fax 561-737-3258 Ma'w.catchboynton.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. I'/- d`co //5 Landlord'if Signature Date CI ' -'L Primed Name Title Landlord's Signature Date Printed fume ------ Title STATE OF El'A- COUNTY OF t" BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements. personally appeared who is/are personally known to me or produced ae Identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and Courcy aforesaid on this day of molar, u , 20 / S NOTARY PUBLIC z TIMOTHY W. HENSLEY Icy Commission Expires: ComMssian # FF 028328 Expires October 15, 2017 i�« � Brd�d Tiru Troy Fin Insutirn� �G43d5-IOfY )r'" . w. lerdaae ar1FiddM'R4 gam�eq wr.r.,q N�Pid ... This Instrument Prepared by: Name: Address: SPACE ABOVE THIS LINE FOR pRDC6SSINa DATA SPACE ABOVE TIM LINE FOR RWWDINO DATA ^UMM lt#, entered into this 1st .—day of Rdbtuar 1. 2015 behveen PlinriAn LLC hereinafter called the lessor or landlord, party of the first part, and Bgyiton Beach Dive Center 1,,LLC & Thomas & Deborah Muscatello of the County of Palm Beach and State of Florida lessee or tenant, party of the second parts herelnrlfler called the ft1p111, that the said lessor or landlord does this day tease unto said lessee, and said lessee does hereby hire and take as tenant _ under said lessor. the following described premises: (Describetype ofPpe tYra r address, err) . 212 South Federal Hwy Boynton Beach, Florida 33435 situate in _ Boynton Reach. _ State of Florida to be used and occupied by the lesseeas Bo nton Beach Dive Center, LLC and for no other purposes or uses whatsoever, for the term of . subject and conditioned on the Provisions of clause ten of this lease beginning the `tat . day of February 2015 endingthe , �� , and �-' t day of January 2 017 niS ] S Q h _ n n _ _ — _ _ _ , L ------ I at and for the.agreed total rental payable as faflows. $ 1590 1590 lst. month last month Dollars, (1.500.00 talus 90.00 sal&s tax) 1590 security deposit $4770.00 Sales tax based on 6%, subject to change per state or local law. At end of the 2 year lease, rents will be $1575.00 plus sales tax 94.50 for total of 1669.50. At the end of the first 2 years, Lessee has option to renew. all payments to be made to the lessor on the first day of each and every month in advance without demand at the once of 1 SAT. Bowden 1622 NE Ath St. or at 206 S. Federal. Hw City of Boynton Beach, Fl 33435 � Y in the or at such otherplace and to such ntherperson, as rhe lessor may from time to time designate in writinr. The follawing express stipulations and conditions are made a part of this lease and are hereby assented to by the lessee. FIRST: the lessee shall not assign this leases or sub -let the premises, or any part thereof nor use the same, or any part thereof, nor permit the same. or any part thereof, to be used for an other u y purpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and all additions, fixtures or improvements which may be made by lessee. except moveable office furniture, shall become the property of the lessor snit remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease. SECOND: All personal property placed or moved in the premises above described shall be at the risk of the lessee cK # tkWf, and lessor shall not be liable for any damage to said personal property, or to the lessee arising from the ba t� leaking Of water pipes. or from any act of negligence of any co -tenant or occupants of the building or of any other person whomsoever. THIRD: That the tenant shall promptly execute and comply with all statues, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected withsaid premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the applicable ux fire prevention codes for the prevention of fires. at Les see own cost and expense, nr L SPACE ABOVE THIS LINE FOR RECOADING DATA FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the Life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered tenantable within said dyne, it sh optional with either party hereto to cancel this lease, and in the event of such cancellation the rent sall be hall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. p'IFTH: The prompt Payment of the rent for said premises upon the dates named, and the faithful observance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, ands such other and further regulations as may be hereafter made by the lessor, are the conditions upon which the lease is made and accepted and any failure rules or on the part of the lessee to comply with the terms of said lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor, shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder. SIX'T'H: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter said premises as the agent of the lessee, Without being liable in any way therefor, and relet the premises with or without any furniture that may be, therein, as the agent of the lessee, at such price and upon such terms and for such duration of time as the lessor may determine and therefor, applying the same to the payment of the rent due b these receive the rent realized by lessor over and above the expenses to lessor in such re-lettpri -letting, said lessee shall pay aideFrodeficiency, shall not be and if more than the full rental is realized lessor will pay over to said lessee tI re he excess of demand, SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said rental that may be collected by suit or by attorney, aper the same is past due. EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination, and for all water used on said premises, and should said charges for rent, light or water herein provided for at any time remain due and unpaid for the Space of five days after the same shall have become due, the lessor may at its option consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise. NINTH: The said Iessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor. TENTH: it is hereby agreed and understood between lessor and lessee that in the event the lessor decides to remodel, alter Of demolish all or any part of the premises leased hereunder, or in the event of the sale or long terns lease of all or any part Of the-2J 7 South Federal Ilwy ; requiring this space, the hereby same upon receipt of sixty (60) days' written notice and the return of any advance rental paid oneaccount of thiagrees lease.vacate ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or Preservation thereof, or of said building, or to exhibit said premises, and to put dr keep upas the doors or w' notice "FOR RENT"' at any time within thirty (30) days before the expiration of this lease. The right of entryendows thereof e exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to ibell likewise or to the rules and regulations of the building. agreement, TWELFTH: Lessee hereby accepts the premises in maintain said premises in the same condition. order the condition they are in at the beginning of this lease and agrees to and repair as they are at the commencement of said term, excepting on reasonable wear and tear arising from the use thereof under this agreement, and to make goad to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appntenances of said premises, or of the building, caused by any act or neglect of lessee, or of any person or persona in the employ or under the control of the lessee. THWEENTH: It is expressly agreed and understood by and between the parties to this agreement, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of anyother tenant or agents, or CM1110yees, or by reason of the breakage, leakage, or obstruction ref the water, sewer or soil pipes, or other leakage in or about the said building. FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the lessee, before the end of said term the lessor is hereby irrevocably authorized at its Option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. FIFTEENTH. Lessee hereby waives and renounces for himself and family any and all homestead and exemption rights he may have now, or hereafter, under or by virtue of the constitution and laws of this State, or of any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the terms of this agreement. SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal representa- tives, or successors as the case may be, of the lessee. SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of this contract and this Wiles to all terms and conditions contained herein. EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or delivered to the office of the lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. SPACE ABOVE IRIS LING FOR RECOMINO DATA NINETEENTH; The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. TWENTIETH: It is further understood and agreed between the parties hereto that any charges against lessor for services or for work done on the th premises by order of the lessee or otherwise accruing tinder this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. TWENTY FIRST: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval before installation of same. 7MWATY-SECOND: RADON GAS NOTTFICATiON (the following notification may be required in some states): Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sumcient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your county public health unit, Lessee is responsible for all Utilities, water, electric, gas, Liability insurance, lawn maintenance and general maintenance of grounds . Lessee also responsible for his own tangible taxes. J Witness 114trenf, the parties hereto have executed this instrument for the purpose heron �arpressrd the day and year above written. Signed, sealed and delivered in the presence of. MUMS SlSaat Wa to to L,essofi Prteted Name 1'•rltae55 ${;nature (as to tAisof) MANd MIM V,µfesr S11=%re .y is Lessee• r'nate: Ho=e Wltaess SiSaature las to Lesseel rymmd Note STATE OF Florida } COUNTY OF Palm Beach � A.zl k1 4� Staamn Z�L JVIi chacl Ta Rn„wrin�i7��_l .. Mateo Nawea _ •. 1622_ NE 4th St. Past attire Addfen 4BBoyn'trn B ch, F1.33435 Thomas & Deborah Muscate?to Mated frame F�' H' � r.,'. �_{/�7}�t� t . }",.,- e Posy three Addfess J "- -�' K I hereby Certify that on this day, before me, an officer duty authorized to administer oaths and take acknowledgments, personally appeared known to me to eo the person deseribcd in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not taken. (Check ons:) IZI Said person(s) islare personally known to me. O Said persons) provided the following type of identification: NOTARY Rt]BaER .STAtdP SEAL ELIZABETH HENSLEY -*; = Commission # FF 124M Expkes Se ftinbet 20, 2818 aierMd T!w TtsYPeit hwmes t�Od316.7pttt Witness my hand and official seal in the County and State last aforesaid this �7 _ day of a4tY1 ar T- rim sry SiS n E Jh kens PritdW Nome YACHTSM ANS PROPERTIES, LLC C u SI AJ1'+ t' t nSultint! 1_L( till Bu;nlc+: I'ark Drnv suite Int? :lrinonk. NY ?05m; I ih 1) 424-675 1 Januar%- :3. 't1,5 1'( 1: Fantastic Safe%. hic. 1,) -B -A Buln on Moaeh Dio e t t:nirr o Mr.'[homas hluscate;lo dill North Federal I11_lilra.. I-tlll :' : x € mniim beach. Florida 3?.135 RE: iOW%: t1f7', tem anion 1)t Tcriancv and !ns'llat101I h5 -Neg0tiaie Nim- Lease Dear NIT, ivltts,:ltilltl, Please he YLYised chat Vachtsmans Properties. LI.C. Ir voter new Lindland under that renaln lease dated '_I'Ias €. 2008, het,-%ven Yachtsnlall 11'ropertics. I.I.C. l± L;tt dkirJ. and Fantaslic Saks. Inc. DB?A Iioyntell Iieachi Disc Center. ss renanl. tiv l Irtuc t)1 has tri_ purrha+cd the real propert}'that is the mit' !iect ofthe Lease trmi, Haln�an Dcti ciorme•Tt. LLC". Yod, lease has expired. and }•ou arc now a icnant fram monih•lo-ta onih. You are NrIe'hv -- lI%ll formal notice 01 not Ie;s than !lttcell I 1 5) daVS prior to the crid ill am monthlyperiod. that v0111-1-1 Lht TO L CC1,111% the fea.;ed prCllZlsis ih.11l ead o -n J;: marl 31- 2015. !1 itlitch imw you must lave %acated the prenit5CN. tilnluhi %ilt! ,Ibil ti) %acme the premises on or f-tefiw%: Januarx 31. 2015. pursuant to Fly nda Slatules Chapter $3.58. vail will he a hold -over lenam. and l'aelusntans Properties. LLC.', as 'amHord. nim. recover n01 WAY POS'ession of the leased premises. hilt dtywhle the antilttill 01'rent duc file the 11Crlod during, whltih vL)u refitst til surrendcr tit,: przflmse`. Mom) Januar% i 1. 015 Landlord woultf Itkc to extend the s1npontilllt}' Ir 11Cp00tlate a JIM, lllarki 1eaic (lti you and your C�lnlll�t;ti'. She ild ti'M'A"ill to negotmic a Tei;' mast' or olhemst• %Uate pcaccahi it) avoid lltif itlli11l. 1+IeaS ii1jilael Sidney Moskin.'-um Lind:LuJ'y r•rpre+;t:tatii: Initllcdiatel► at dic nttlliti raho%ti. Atiflie !zed Rcrrc+ent:lllt t. qwAk�swaA 1550 N, Fecieral $uuA, 1-7-1 Q) 5%= 2 49"X 32' 15(086%, OWN J 2 S - F 4 14w, s $ = z 45140 ,, x ;;!8Ag of l uO 6$.' 1' -'"PNC Online Ranking Date Description Amount Account oN20i2015 Check 1680 $1,500.00 1218978811 This is an image of a check, substitute check, or deposit ticket. Refer to your posted transactions to verity the status of the item. For more information about image delivery click here or to speak with a representative call, 1 -888 -PNC -BANK (1-888-702-2265) Monday - Friday: 7 a.m. -10 p.m. ET, Saturday & Sunday: 8 a.m. - 5 p.m. ET. BOYNTON BEACH DIVE CEN'S'ER LLC 11:56 N FEDENAL WY STE 17.18 WYMTON BEACH, FL 3343&010 1660 .arersraaw as DATE` _ ra Trre �D $ AJ't� � Q PNCBMI( nq tw•. r.>s a.. i 9 CepyrigM 2010. The PNC Fi wrM Sovkm GrOW. Mo. HI RIgMs Reserved, t . PNC online 9anking Dato Deap*tlon Amount Acoount 12!0112014 Check 1608 $1,500.00 1216978811 This is an image of a check, substitute check, or deposit ticket. Refer to your posted transactions to verify the status of the Rem. For more information about image delivery click here or to speak with a representative call: 1.866-PNC43ANK (14688.762-2285) Monday - Friday: 7 a.m. -10 pm, ET, Saturday 8. Sunday: 8 a.m. - 5 p.m. ET. 90TUTON 13RACH WYE CVM R 150 a FEDERALNW 2MV-110 8aYWCJ t ed CH, Ft, 6US342010 9 1608 t r>arrr�x DATE S� DOLLARS H W P'1 L AN R , 120114 17tf5 PA"O 0647 ,XXXXXXXXXXXX816i 0 1w O CPpydghr 2018. The PNC Fear dW Sw A ms GMM, Inc. All RV98 RamVed. BOYNTON BEACH DIVE CENTER 1550 N. Federal Hwy, Suite 17-18, Boynton Beach, FL 33435 MOVING TO 212 S. Federal Hwy, Boynton Bead, FL 33435 1 boyntonbeachdivecener.com 561-732-8590 OBJECTIVE I Information for grant approval SKILLS 8, ABILITIES I Scuba Instruction for Open Water, Advanced Open Water, Stress and Rescue, Deep Diving, Boat Diving, Dry Suit Diving, Enriched Air Nitrox, Navigation, Night and Limited Visibility Diving, and Wreck Diving. Equipment Service and Cylinder Service. EXPERIENCE i We are a family owned full service dive center, founded by the Muscatello Family in 2007. Our store offers the best selection of scuba diving equipment, services, rentals, expert SSI training and certification programs. Courses include scuba diving lessons from Beginner Open Water all the way to Instructor! We serve South East Florida including Southern Treasure Coast, Palm Beach County, Broward County, Delray Beach, Boynton Beach, Palm Beach and Boca Raton. Our store is stocked with the best names in scuba equipment including Aqua Lung, Oceanic, Tusa, Seac, Mares, Ala Biller, Sherwood, Ikelite Housings, Nikon and Intova. Tom, (the owner) is a certified Dive Con Specialist Instructor and the primary "go to" guy for information on just about every facet in the sport of diving. Our knowledgeable staff can work with the customer to supply them with information and scuba equipment. EDUCATION i Scuba Schools International COMMUNICATION I Horne: 561-739-8877 Cell: 561-445-0322 Work: 561-732-8590 THOMAS MUSCATELLO 624 NE 201h Lane, Boynton Beach, FL 33435 f mtngoers@aol.com 561---445-0322 OBJECTIVE I Information for grant approval SKILLS & ABILITIES Teacher certification in Physical Education Certified Scuba Instructor Certified Divers Alert Network Instructor (First aid and CPR for the Scuba Diver) EXPERIENCE I TEACHER: BOLTON CENTRAL SCHOOL SEPTEMBER 1977- JUNE 2004 Physical Education and Family Concepts Teacher, Grades Pre -K thru 12. Job included extracurricular activities, athletic coaching, clubs, and mentoring of students and colleagues. RETAIL OWNER: BOYNTON BEACH DIVE CENTER MAY 2007 - PRESENT Sales and service of Scuba Diving Equipment, sales of dive apparel, and scuba diving lessons. EDUCATION MASTERS DEGREE EDUCATION PHYSICAL EDUCATION University of Tampa SUNY Plattsburg COMMUNICATION ( Home: 561-739-8877 Cell: 561-445-0322 Work: 561-732-8590 DEBORAH MUSCATELLO 624 NE 200' Lane, Boynton Beach, FL 33435 1 tinktiggdis@aol.com 1 581-445-0425 OBJECTIVE I Information for grant approval SKILLS ✓& ABILITIES I Teacher certification in Physical Education and Family Consumer Sciences Certified Scuba Instructor Certified Divers Alert Network instructor (First aid and CPR for the Scuba Diver) EXPERIENCE I TEACHER: BOLTON CENTRAL SCHOOL. SEPTEMBER 1985- JUNE 2013 Physical Education and Family Concepts Teacher, Grades Pre -K thru 12. Job included extracurricular activities, athletic coaching, clubs, and mentoring of students and colleagues. RETAIL OWNER: BOYNTON BEACH DIVE CENTER MAY 20D7 - PRESENT Sales and service of Scuba Diving Equipment, sales of dive apparel, and scuba diving lessons. EDUCATION DUEL MASTERS CERTIFICATION IN EDUCATION PHYSICAL EDUCATION AND FAMILY CONSUMER SCIENCES Adirondack Community College, Glens Falls, NY Empire State College, Albany, NY Castleton State College, Castleton, VT SUNY at Cortland, Cortland, NY North Country Community College, Saranac Lake, NY COMMUNICATION I Home: 561-739-8877 Cell: 561-445-0425 Work: 561-732-8590 JOB DESCRIPTIONS 1 Full Time Employee 40 hours week Rachel Taub 40 Hours/ $12.50 Tuesday — Thursday 10:00 am — 6:00 pm Friday — Saturday 7:30 am — 3:30 pm Other hours are covered by owners STORE HOURS Monday 8:30 am — 6:00 pm Tuesday 8:30 am — 6:00 pm Wednesday 8:30 am — 6:00 pm Thursday 8:30 am — 6:00 pm Friday 8:30 am — 6:00 pm Saturday 7:30 am — 6:00 pm Sunday 7:30 am — 3:00 pm Hours subject to change depending on Local Scuba diving Activities and Classes BQYNTOACN��CRA CRA BOARD MEETING OF: February 10, 2015 1 Consent Agenda I I Old Business I X I New Business Legal Other SUBJECT: Discussion of Commercial Interior Build -Out Grant to Boynton Beach Dive Center, LLC SUMMARY: The Commercial Interior Build -Out Grant Application and Guidelines provide eligible new or existing businesses with assistance for the initial costs associated with the construction, repair, and/or rehabilitation of building interior improvements. Grant applicant is requesting assistance with upgrading the electrical and HVAC systems which is accordance with the terms of the grant. Improvements must be permanent and stay with the building. One of the conditions of grant is that an existing business in the CRA District must expand its square footage by 50% of its current space. Boynton Beach Dive Center, LLC rents approx. 1568 sq. ft. (see attached floor plans) at Yachtsman Plaza. Yachtsman Plaza was recently sold and the new owners sent Boynton Beach Dive Center, LLC the attached Notice of Termination of Tenancy and Invitation to Negotiate New Lease. The dive shop has found another location within the CRA District (212 S. Federal Highway — the old Beachcomber Art Studio) however; the new location is 1,230 sq. ft. which does not meet the grant condition of expanding its square footage by 50%. CRA Staff is requesting the CRA Board to approve the grant on the basis that Boynton Beach Dive Center has been a long standing local business and meets all other requirements of the grant. The business is being forced out of its current location due to the increase of rent. The business will be occupying a highly visible vacant property on the Federal Highway Corridor and is actually doubling their retail sq. footage (see the attached floor plans). The Interior Build -Out Grant is reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL EVIPACT: Project Fund Line Item 02-58400-440/444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Interior Build -Out Grant for Boynton Beach Dive Center, LLC, not to exceed $22,500 in light of not meeting the condition of a 50% expansion in sq. ft. Michael Simon Assistant Director b i -1 Y BA TO' �._.�. E A�7 . Z�,� __H October 1, 2014 — September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It Is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aid In the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA') district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce the initial costs associated the repair and rehabilitation of buildings or other improvements In accordance with the CRA Community Redevelopment Plan. Improvements must be permanent and stay with the building. The CRA reserves the right to appmve or deny any Commercial Interior Build -Out Assistance Program application and to discontinue payments at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. I. PrograM The Commercial Interior Build -Out Assistance Program offers financial assistance in the form of a reimbursable, matching (50%) grant to the landlord or business owner for eligible expenses associated with the oonstruction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: • Interior wails Interior plumbing Interior electrical system including lighting Q HVAC system m Flooring Hood iii fire suppression system The Commercial Interior Build -Out Assistance Program funding may be budgeted annually by the CRA Board and awarded on a first-come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. 2ini5als Page 9 of 13 710 North Federal Highway. BoynUon Beaoh, FL 33435 Phone 587 -737 -MG Fax 587 -?,37_3258 q II. Eligibility -ire uirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Depending on the level of grant funding the business must create and retain full- M2 e uivalent emiftnes. Full-time ij defined as working mini um of thi hours r MMek at the pMvallina Federal minimum w_aQe. 2. Must be located within the GRA District (see attached map), 3. Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. S. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. a. The Applicant's Experlan consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). Ill. Ineii Businesses The following businesses are considered Ineligible for assistance under the Commercial Interior Build -Out Assistance Program; Firearm Sales Convenience Stores Religious Affiliated Retail Stores Churches o Non Profits C Tattoo Shops/Body Plercing/Body Art Shops a Financial Services (banking & check cashing stores) a Take -Out Foods o Adult Entertainment Liquor Stores C Vapor Cigarette, Electronic Cigarette, E Cigarette Stores o Kava Tea Bars C Pawn Shops Page 2 of 13 710 North Federal Highway, Boynton Beach. FL 33435 Phone 681-737-3256 Fax 564-737.325a catchb n n.qo IV. Grant Terms and Conditions This grant is divided into three tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available to the business. A minimum of two full time employees is required regardless of which tier a business falls Into. Tier One Business (Full -Service Restaurants Only) Tier One Businesses are eligible for the maximum amount of grant funding which is $45,000. The funding is based on the creation and maintenance for one year of four full-time equivalent jobs. Four full-time m b es are required in order to receive the maximum amount of the grant; $45,000. Only full service restaurants with a minimum total seating capacity of 50 seats are eligible. The restaurant must have hours conducive for the development of the downtown including but not limited to 12:00 p.m. —10:00 p.m. Fier Two Businesses Tier Two Businesses are eligible for a maximum amount of $22,500. The funding is based on job creation. Each full-time equivalent job creates is worth $7,500. Three full-time employees are required in order to receive the maximum amount of the grant; $22,500. Tier Two Businesses must be one of the following types of businesses: Restaurants with total seating capacity under 50 O Gourmet Food Market • Bakery Bed and Breakfast G Clothing Boutique - clothing, shoes & accessories Home 136corfDesign - home fumishings, art galleries, kitchen wares Specialty Businesses - stationery, gifts, sporting goods, personal cane - Pilateslyoga studios, fitness centers and salons Tien Three Businesses `I ier Three Businesses are eligible for a maximum amount of $7,500. The funding is based on job creation. Each full-time equivalent job created Is worth $3,750. Two full --time employees are required in order to receive the maximum amount of the grant; $7,500. Tier Three Businesses must be one of the following types of businesses: a Medleal Offices a Law Offices Real Estate Offices Insurance Offices o Accounting Offices ID Marketing Office �Initlel Page 3 of 13 �• -./t 710 North Federal Highway, Boynton 994th, FL 33435 Phone 561-737-3256 Fax 557437.3258 { "Ll11-vMMI&hbm A1to11 _W y� Tier Four Businesses Tier Four Businesses are eligible for a maximum amount of $5,000. The funding is based on job creation. Each full-time equivalent job created is worth $2,500.00. Two full time employees are required In order to receive the maximum amount of the grant; $5,000. Tier Four Businesses may consist of any other eligible business not listed In Tier One, Tier Two or Tier Three listed above. Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease (two year minimum). The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: A description of the space being rented including square footage and a drawing of the space. Description of utilities that are the tenant's responsibility. a Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. G Insurance requirements. + Ability to terminate. Consequences of default on the lease. V. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation Is submitted to the CRA office. Application packets must Include the following documentation, I. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principaVowners of the business. Make check payable to: Boynton Beach CRA 2. Completed and signed application. Completed and signed Authorization to Perform Credit Check for the business and each principaVowner of the business (forms attached to the application -- multiple forms may be needed for principal/owners of the business). 4. Specific list breaking down the use of the funds and providing the total cost of the project. 5. Copy of building permit receipt. W8 Form (attached to grant application). Resume for each principal/owner of the business. Initial Page 4 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3266 Fax 561-737-326a jmy��.:�tchb�unWnnwarn Copy of the corporate documents for the applying business entity. Copy of executed multi-year commercial lease agreement. Two (2) years of corporate tax returns (-for existing businesses only) Two (2) years of personal tax returns for the principal/owners of a new business. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable, 13. Copy of design and construction pians associated with the proposed Improvements. List of jobs to be created -and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. A minimum of four (4) color digital "before" photos of the project. Approval of Funding Request Once eligibility Is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be no�ied of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board meeting In order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial In writing. site Visits CRA staff will conduct a site visit prior to the submittal of the grant application to the CRA Board and once the business is ready to open for operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. VI. Procedures for Reimbursement Initial Expense Reimbursement This program is designed as a matching (50%) grant which is reimbursed on a quarterly basis. That is, all worts must be completed and paid far by the applicant, prior to the CRA funds being released, The CRA will provide quarterly reimbursements to the applicant upon submittal of a oomplete reimbursement request package. Grant funding will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. �P_FMflal Page 5 of 13 Y 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3258 Fax 581-737-3258 t�,vw_ chbaynton_pg,;Y Initial Reirnbumement Documentation Onm the work Is completed the Initial Reimbursement Reguest shall be summarized in a report and accompanied by the following documentation; 1. Project accounting: a Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. o Each Item will be u orted by a cancelled check shqw_inci the face of the check. as well as the back of the cancelled check. 2. A "release of lien" signed by each licensed contractor(s). 3. Copy of City and County business licenses. 4. Applicant shall provide color digital "during" and "alter" photos of the project. Photos should be from approximately the same position as the ��before photos submitted In the application 5. For W-2 eligible employees, Florida Department of Revenue Employers Quarterly Report IZT4 for each consecutive quarter must be submitted. For sole proprietorships, partnerships, S -corporations and 1099-MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. By submitting for reimbursement, the applicant warrants that all bills related to the project are paid in full including, but not lim ted to, all contractors, subcontracts, labor, materials, related fees and permits. Highway, � 6 of 93 TiD North Federal r� way, Boyn�n Beach, FL 33435 Phone 581-757-3,256 Fax 661-737-32.M KA -K ,catSEb rrLton.car.., Quarterly Reimbursement Requests By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CRA with proof of employee wage reporting for three (3) consecutive quarters. Each report shall be made within ten (T 0) days of the start of the next applicable quarter beginning on January 1, April 1, July 1, and October 1 following the Initial Reimbursement Request. 1 WINNIRMIS1LZ1 UFIL. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: For W-2 eligible employees, Florida Department of Revenue Employers Quarterly ReportR(,,,T& for each consecutive quarter must be submitted. Or For sole proprietorships, partnerships, S -corporations and 1090-MISC eligible employees; Copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Grant funds wlil be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the grant application has been approved by the CRA. Any work completed carior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Grantees shall allow the CRA the rights and use of photos and project application materials. Page 7 of 13 710 North Federal highway, Boynton Beach, FL 33435 Phone Sol -T37 -32s$ Fax 551.737.3258 v_Nru ,rVtqhkRynton cam Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue interior build -out reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. V1 Mal Page a of 93 710 North Federal Highway, Boynton Beach, FL 33435 Phone b61-737-3258 Fax 5el-737-3258 On epm October 1, 2014 - September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial interior Build -Out Assistance Program Application (Please Type or Print Only - Use Additional Sheets if Necessary) BUSINESS INFORMATIO : Business Name (D/B/A if applicable):�- Current Business Fed ID# Phone: 1761- 7,3,>- S-3 YO Fax: — 170 Website: Existing Business: Yes No Number of years in existence:. New Business to Boynton Beach: Yes No Y Time at Current Location: ? -.11 Do you have are executed lease agreement: Yes No If so, monthly rent"1.d &- New Business Address (must be within CRA D Square footage of existing location /.)--; Square footage of new location / 2-,:57 6' Type of Business: Number of Employ ini ials Page 9 of 18 710 Norte Federal Highway, BoyntDn Beady, FL 33435 Phone 561-737-3256 Fax 561 737-9258 www.catchhp}mton.com I CIPAIJOWNE IN RM TI If more than 4 grincipalstownell additional sheets..may be used. 11. Principal/Owner Date of Birth: Current Address: Email:_fC7kx Phone 2. Principal/Owner Date of Birth: Current AdAn a: Email-rjT&A-f1 e;g j � � 42 4Y:91, Phone 3. PrincipaVOwner Name: Date of Birth: Current Address: Email: Phone #: 4. PrinaipaYOwner Name: Date of Birth: Current Address: Email: Phone #: LANDLOD INFORMATION: Landkwd Name: Landlord's Mailing Address: Landlord Phone #: t -- 7Y3 - 0-d a- 2- .toSrL Are you applying for grant assistance under any other program offered by the CRA (Tier One Busine only): Yes No If yes, what addWonal programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes_ No ✓ If yes, list any additional grant sources and amounts: E TIFICATION AND WAIVER OF PRIVACY: 1, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program, and it is true and complete to the best of the appiioont(s) knowledge and belief. Page 10 of 13 710 North Federal highway, Boynton Beach, FL 33435 Phone 561-7373156 Fax 561-737 8 www.ca#chbovnton.corn The applicants) turther certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance. Should my application be approved. I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if In its sole and absolute determination it feels such assistance no longer meets the program a teria or is no longue benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision acct, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any Confidential Information given herein. I further grant permission. and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be passed, SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. y L Z lJ 1 Principal/ i a ireJ,/j ate ' Cf,�4�1f,�64-- Printed Name Title Printed Name Tine Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Page 11 of 13 710 North Federal Highway, Boynton Beads. FL 93435 Phone 861-737.3258 Fax 581-737-3258 mmxatchbovnton.= Notary as to Principal/Owner's Signatures. Multiple notary pages may be used if signing individually. STATE OF FLo 9-1 Vtc COUNTY OF RAVA__9'L BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared oms 1A uSLH'ft1-tb -E bQ G+l• S owIT I 1© who Ware personally known to me or produced n W -,�,�,� i�,(g as Identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument Is his/her act and deed. IN WITNESS OF THE FOREGOING, i have set my hand and offiiclal seal in the State and County aforesaid on this—Ai�—day of I , 20 [ TRANG DAO NOTARY PUBLIC STATE OF FLORIDA Comm# EES81552 Expires 31712017 NOTARY PUBLIC Ally CommisWon Expires: Page 12 of 13 710 Nwth Fed" Highway, Boynton Beach, FL 33436 Phone 561-737-3258 Fox MI -73? -325a %VWW.ca chb0 m SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibillty► of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. 6-g-1 4) _andlord's Signature pate Pr ed dame Title La dlord's Signature bate Printed Dame Title STATE OF 1q0 t -t D 4 - COUNTY OFP PCr C' BEFORE ME, an o fiver duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in It and that the instrument is his/her act and deed, IN WITNESS OF THE FOREGOING. I have set my, hand and of dal seal in the State and County aforesaid on this C�& day of W ct 11Ze , 20 TiMQTHY w, HFSIY NOTARY PUB C ., commission # FF 028328 My Commission Expires: Expires October 15, 2017 .awwwd Tin Tr" Fin hnrgrw IG a5aro19 vi -au- fu fa:ar rAuAT- JJ DURLEa Cf_CUIRIb T.J. Bowles Electric Company, Inc. 413 M.E. 3rd Avenue Baynton Beach, FL 33435 Name I Address Boynton Beach Dive Center 1550 North Federal Highway Boynton Beach, FL 33435 Project a0f"rac-fafaa i-000 ruuui/uuue r-ooi Estimate Date Estimatr.. 2/16/2014 807 Address I %M� wf)lye Ce(Y-kv-r 1550 North Federal Highway Description Qty Rate Total ORIGINAL. CONTRACTED ELECTRICAL WORK Install 100Amp 20OVolt Disconnect (Use Existing) For Air Compressor Back To Back With Panel Install 60Arnp Receptacle For Air Compressor In Storage Room Install Electric To Exhaust Fan (Electric Only) Installed Sy A/C Company Disconnect Old Equipment At Store 100Amp Air Compressor Only Change Wire Size Or Breaker To Hold Extra Electric For (2) New Wall AJC Units ***'ALLOWANCE ONLY PRICE MAY BE MORE OR LESS DEPENDING ON THE ADJUSTMENTS MADE TO CONCRETE WALL. DUE TO SIZE OF NEW UNITS *** Install (2) A/C Wall Units **'� Adjust Opening In Wall To Suit Size Of New Units *** [INCLUDES LABOR & CUTTING WALL] *** [PRICE INCLUDES A/C UNITS 0 = $600.00 EACH PER UNIT A/C N UNIT ONLY) *** PERMIT ALLOWANCE & PROCESSING OF $300.00 ($75.00 PROCESSING) ANYTHING OVER $225.00 FOR PERMIT FEE WILL BE EXTRA & ABOVE CONTRACT *** - PRICE IS GOOD FOR 15 DAYS DUE TO WIRE PRICE INCREASE - ESTIMATE SUBJECT TO CHANGE PRICE EXCLUDES PERMIT FEES & ENGINEERING FEES - NO CUTTING OR PATCHING OF ANY SURFACE UNLESS OTHERWISE SPECIFIED 1 600.00 600.00 2 350.00 700.00 2 150.00 300.00 1 200.00 200.00 1 500.00 500.00 110E 21 1,500-001 3,000.00 Please Sign Estimate if You Would Like for us to Schedule the work Tota 1 5.301 . Do Wage 1 U1 av ISI J J , U f I nUln- IJ UUMLLJ LLLU [ R - L, UV I -Ije-U 140 I -000 ruuuq uuuL r-ooi T.J. Bowles Electric Company,, Inc. 413 N.E. 3rd Avenue Boynton Beach, FL 33435 Name / Address Boynton Beach Dive Center 1550 North Federal Highway Boynton Beach, Fl. 33435 Project Di vw- C4r1e,4r- Description *** Should It be necessary to retain an attorney to ent-b a the terms of this agreement or If any outstanding balances are sent to collections, then responsible party (named at top) shall be held responsible for all attorney fees, costs, & costs of collections *** *** All past due balances are subject to 1.5% interest monthly (18% annually) *** Please Sign Estimate if You Would Like for us to Schedule the Work Page 2 Estimate Date Estimat... 12/16/2014 807 Address 1550 North Federal Highway +qty Rate I rel Total 00-00 a i s5p ta, vecleral 14wi 49"X 32' Federal 14w, r 21 14 V to" X 7$'a " I2ao 6 $1, YACHTSMANS PROPERTIES, LLC t o 'SLUCS Consulting Ll.l Mi Btl;ntcs: Purk Drive Suite l u? Arivionk. NY I;(,l ) 424-(�7: 1 Jallu:srk Zit, I:;Inta'lst wah;s. llic. 1"► B A 13r1tiltan fig#cull M ( Cita o Mr. Thoma. Museatefle 51) North I'cdcra! Illrhwa... C'nn 8w. -mon Bcaeh. Flnr[ca 3 44 4 \li;lci� 111-T�rt',miatliln m r miner and bvitallon Ili Nevoliule New Lease Dear Mr. Nlu.,ccwelill. Pleasc he ads-I:1`d that Yacblsutanx Properties. LLC. [�- �Vllr mw Landlord under Mal cemin kase dawd MaN 1. 2008. Mwcn Y arlitsman Properties. I.I.C. as Land`=o.M. and Fantastic Sales. Inc. DIWA Boynton Beach Dive Center, as of hl[1.t1_, pur teasel+ file real prcj, Lrt1 that t: the ullieel of [hs L�ctsz 5iilils Ii I11}apt 1�e+ c1titi11mRt1I. LLC' Yoin, lease bas expifed. and vim are now a ltnant :soul month -tip -[month. You are herthy inven formal notice ni not Ies$ 01ait tiMMI ( 1 1 dans prior to the crid of -n} r1,ln,11h, ;lcrltltl. that vour rtrht to MM111% ILc leis A prey is,,s sh.tll end an Januar} 31. 2015. :[[ I%hlch 1![111 VULI 111[11-1 I'aVe 1111 primtsc�!. Should you IiI11 to t,aeuc the prefillnei olt or Nlilrc .1anuarti +i. putiuunt to Florida >tanlics Charter R?.58. you +1111 hi a hold-owr tenclnt. and Yalthlsnians Yrclpertics. LLC. aS LAndhijA may 1' ewer not t)nly j"OSSCSS1011 01 tits; leised premise, hill dclilhle the 1lniouill ill rent due' for Zhu ocri d 4i nny, which wit rtluie to ailrrendcr the pri is..'es'. Prior to.1anum i 1- 111 i Landlord watild bU l41 extend t1h :1P p711il0111tV Itl nCri'lll IC "I 11M markel hail Ito you and your Clllttl}ony. Should ti'titt ims*II t11 nC+'i� au: a t.Ll :c�i5i or OIftLTSt:ir i ii i; [11C t acchly Ili avoid Itt imt-4ln. 1~kAii :olita l Sidney Moshm. a jiui 1..ijid: k,t.1 , :til l'L'rti l:t.illt inlme diateh, al the litunber allm c. :tdlllltl[77ed Rilw,tntau L BOYNTON BEACH DIVE CENTER 1550 N. Federal Hwy, Suite 17-18, Boynton Beach, FL 33435 MOVING TO 212 S. Federal Hwy, Boynton Beach, FL 33435 1 boyntonbeachdivecener.com 1561-732-8590 OBJECTIVE I Information for grant approval SKILLS $ ABILITIES I Scuba Instruction for Open Water, Advanced Open Water, Stress and Rescue, Deep Diving, Boat Diving, Dry Suit Diving, Enriched Air Nitrox, Navigation, Night and Limited Visibility Diving, and Wreck Diving. Equipment Service and Cylinder Service. EXPERIENCE I We are a family owned full service dive center, founded by the Muscatello Family in 2007. Our store offers the best selection of scuba diving equipment, services, rentals, expert SSI training and certification programs. Courses include scuba diving lessons from Beginner Open Water all the way to Instructorl We serve South East Florida including Southern Treasure Coast, Palm Beach County, Broward County, Delray Beach, Boynton Beach, Palm Beach and Baca Raton. Our store is stocked with the best names in scuba equipment including Aqua Lung, Oceanic, Tusa, Seac, Mares, AB Biller, Sherwood, lkelite Housings, Nikon and Intova. Tom, (the owner) is a certified Dive Con Specialist Instructor and the primary "go to" guy for information on just about every facet in the sport of diving. Our knowledgeable staff can work with the customer to supply them with information and scuba equipment. EDUCATION i Scuba Schools International COMMUNICATION I Home: 561-739-8877 Cell: 561-445-0322 Work: 561-732-8590 THOMAS MUSCATELLO 624 NE 2014 Lane, Boynton Beach, FI_ 33435 1 mtngoers@aol.com f 561-445-0322 OBJECTIVE [ Information For grant approval SKILLS & ABILITIES I Teacher certification in Physical Education Certified Scuba Instructor Certified Divers Alert Network Instructor (First aid and CPR for the Scuba Diver) EXPERIENCE I TEACHER: BOLTON CENTRAL. SCHOOL SEPTEMBER 1971- JUNE 2004 Physical Education and Family Concepts Teacher, Grades Pre -K thru 12. Job Included extracurricular activities, athletic coaching, clubs, and mentoring of students and colleagues. RETAIL OWNER: BOYNTON BEACH DIVE CENTER MAY 2007 - PRESENT Sales and service of Scuba Diving Equipment, sales of dive apparel, and scuba diving lessons. EDUCATION MASTERS DEGREE EDUCATION PHYSICAL EDUCATION University of Tampa SUNY Plattsburg COMMUNICATION I Home: 561-739-8877 Cell: 561-445-0322 Work: 561-732-8590 DEBORAH MUSCATELLO 624 NE 2011' Lane, Boynton Beach, FL 33435 E 6nktiggdis@aol.com f 561-445-0425 OBJECTIVE ] Information for grant approval SKILLS & ABILITIES ; Teacher certification in Physical Education and Family Consumer Sciences Certified Scuba Instructor Certified Divers Alert Network Instructor (First aid and CPR for the Scuba Diver) EXPERIENCE I TEACHER: BOLTON CENTRAL SCHOOL SEPTEMBER 1985- JUNE 2013 Physical Education and Family Concepts Teacher, Grades Pre -K thru 12. Job included extracurricular activities, athletic coaching, clubs, and mentoring of students and colleagues. RETAIL OWNER: BOYNTON BEACH DIVE CENTER MAY 2007 - PRESENT Sales and service of Scuba Diving Equipment, sales of dive apparel, and scuba diving lessons. EDUCATION I DUEL MASTERS CERTIFICATION IN EDUCATION PHYSICAL EDUCATION AND FAMILY CONSUMER SCIENCES Adirondack Community College, Glens Falls, NY Empire State College, Albany, NY Castleton State College, Castleton, VT SUNY at Cortland, Cortland, NY North Country Community College, Saranac Lake, NY COMMUNICATION I Home: 561-739-8877 Cell: 561445-0425 Work: 561-732-8590 JOB DESCRIPTIONS 1 Full Time Employee 0140 hours/week Rachel Taub 40 Hours/ $12.50 Tuesday —Thursday 10:00 am — 6:00 pm Friday — Saturday 7:30 am — 3:30 pm Other hours are covered by owners STORE HOURS Monday 8:30 am — 6:00 pm Tuesday 8:30 am — 6:00 pm Wednesday 8:30 am — 6:00 pm Thursday 8:30 am — 6:00 pm Friday 8:30 am — 6:00 pm Saturday 7:30 am — 6:00 pm Sunday 7:30 am — 3:00 pm Hours subject to change depending on local Scuba Diving Activities and Classes BOYN E�CH'CRA CRA BOARD MEETING OF: February 10, 2015 J Consent Agenda I I Old Business I X New Business I I Legal Executive Director's Report SUBJECT: Consideration of Issuing an Invitation to Bid for the Boynton Harbor Marina, Marine Fuel Dispenser Replacement Project. SUMMARY: The CRA Board approved funding in the FY 2013-2014 budget under the line item heading, Marina Phase II for the Boynton Harbor Marina Harbor Master Building and Site Improvement which was completed in December 2014. The Boynton Harbor Marina Harbor Master Building and Site Improvement consisted of the construction of the CRA's new marina building which houses our marine fueling operations, public restrooms and Marina Village Marina Association office as well as substantial landscape and hardscape site improvements. The project is a wonderful success. Additionally, the approved Marina Phase II project budget included funding to replace the very old existing mechanical marine fuel dispensing equipment with new digital dispensers made of stainless steel, compatible with our computer fuel accounting system and provide a higher speed for fuel delivery (see Attachment 1). By improving the quality and speed of the dispensers, the Boynton Harbor Marina will be able to offer much quicker fueling times for large vessels that we are currently unable to attract as customers. Because the necessary underground fuel system upgrades and dispenser platform relocations were completed as part of the Harbor Master Building project, only purchasing and installing the new dispensers remains to be completed. CRA staff, along with our marina manager and legal counsel have prepared an Invitation to Bid in order to solicit cost proposals from qualified petroleum contracting firms for the purchase and installation two new marine fuel dispensers and associated equipment as specified under the Boynton Harbor Marina Fuel Dispenser Replacement Project (see Attachment II). If approved by the CRA Board, the Invitation to Bid would be released on February 11, 2015 with a deadline for submission on February 27, 2015 at 4:00 pm. The results of the Invitation to Bid are tentatively scheduled to be brought before the CRA Board at the March 10, 2015 meeting. FISCAL IMPACT: To be determined - Budget line item 02-58200-404 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan, Boynton Harbor Marina Master Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the issuance of the Invitation to Bid for the Boynton Harbor Marina, Marine Fuel Dispenser Replacement Project. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeeUng\FY 2014 - 2015 Board MeetingslFebruary 201511TB - Marine Fuel DispenserReplacement Project.doc ATTACHMENT } .a Aorine GQsoline k�. unll.h Rt�r..�,a Al r 1ll ° ;R MARINE ENGINE LY�IEC"�12115 1 49. 3 L '!► 021 041-201 5 . ° J ♦ d .i } .a Aorine GQsoline k�. unll.h Rt�r..�,a Al r 1ll ° ;R MARINE ENGINE LY�IEC"�12115 1 49. 3 L '!► 021 041-201 5 . Proposed new Digital Dispenser ATTACHMENT II The Boynton Beach Community Redevelopment Agency (BBCRA) is soliciting sealed bids for the project listed below. The BBCRA will accept sealed bids for the project listed below at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE Friday, February 27 at 4:00 p.m. Eastern Standard Time. All Bids not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications must be obtained from the BBCRA office or website at www.catchboynton.com. The BBCRA will only accept bids submitted by State of Florida licensed Pollutant Storage Systems Contractors. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. INVITATION to BID (ITB, Boynton Harbor Marina Fuel Dock: Fuel Dispenser Replacement Project Issue Date: Wednesday, February 11, 2015 Submission Deadline: Friday, February 27, 2015, 4:00pm The Board of the BBCRA reserves the right to reject any incomplete bid or any bid submitted by a bidder who is not a responsive or responsible bidder as described. ANY BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL BE REJECTED AND SHALL NOT BE CONSIDERED. The time stamp or clock at the BBCRA's Reception Area is the time of record. SCOPE OF BID: The Boynton Beach Community Redevelopment Agency is seeking bids for the replacement of one (1) dual hose gasoline dispenser and one (1) dual hose diesel dispenser, along with associated fuel dispenser equipment as specified in Attachment "A," Scope of Work. Bid proposals are to include all labor, equipment, tools, materials and permitting for the removal of the existing fuel dispensers and the installation of replacement dispensers. ONUO48-3 1 of 21 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency (BBCRA) is accepting sealed bids to select and contract with a qualified, responsible, responsive individual or entity to provide and complete construction, installation and services consistent with a construction delivery process for the project described in detail below (hereinafter referred to as the Project): 1.1 General Information The Project's Scope of Work documents available from the BBCRA constitute the entire Project that is the subject of this bid invitation. Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the Project. See Attachment "A" Scope of Work (available online at the BBCRA's website, www.catchboynton.com or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435). The Scope of Work included in this Project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the BBCRA. The foregoing description is general in nature. The scope of work is specifically defined by the Contract Documents. 1.2 Personal Investigation and Obligation of the Bidder(s) Prior to submitting a Bid, each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor needed to complete the Project pursuant to this Invitation to Bid. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of its Contract. At the time of the Bid's submission, each Bidder shall submit a completed Site Inspection Confirmation form, a copy of which is attached hereto. By submitting a Bid, each Bidder is presumed to have inspected the site and to have read and to be thoroughly familiar with the requirements of this Invitation to Bid, including all plans and Construction Documents, including all addenda. The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.3 Project Delivery The Project is anticipated to be completed no later than 90 days from the issuance of the Notice to Proceed. 00448048-1 2 Of 21 1.4 Type of Contract Any contract awarded from this Invitation to Bid will be negotiated with the successful Bidder and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. If for any reason a contract is not executed by the parties and approved by the BBCRA within 60 days of the Award of Bid, the BBCRA may terminate the negotiations with the successful Bidder and move forward as it deems appropriate. 1.5 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 1.6 Contacts A. Questions regarding to the existing and specified fueling equipment and operations as relating to the Project Scope of Work documents may be directed, in writing, to: Brian Smith, President Waypoint Marine, Inc. Boynton Harbor Marina Fuel Dock & Slips 735 Casa Loma Boulevard Boynton Beach, FL 33435 (561) 703-2185 or email: bsmith@wptmarinc.com B. Questions regarding this ITB Document and Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600-9091 or email: simomn@,bbfl.us Written responses to all written questions submitted shall be maintained in the BBCRA Invitation to Bid Project file and shall be made available to all bidders to review upon request. 1.7 Submittal Deadline The BBCRA will accept bids at the location listed below until 4:00 p.m., Friday, February 27, 2015. It is the responsibility of the Bidder to insure that submitted Bids are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be disqualified and returned to the Bidder unopened. ON48048-1 3 of 21 1.8 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.9 Number of Copies In total, two (2) bound originals of the Bid and one unbound (1) clipped copy of the bid must be submitted. Facsimile or emailed copies will not be accepted. Bids shall be clearly marked on the outside of the Bid as follows: Response to Boynton Harbor Marina Fuel Dock Fuel Dispenser Replacement Project Invitation to Bid Date Issued: Wednesday, February 11, 2015 1.10 Selection Criteria The most responsive and responsible bidder as determined by the BBCRA in its sole discretion pursuant to its analysis of the bidder's to the criteria in this ITB will be awarded the contract. 1.11 Public Information/Public Records Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non -confidential and/or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida Statutes. 1.12 Clarifications and Interpretations 1.12.1 Answers to Ouestions Bidders are required to restrict all contact and questions regarding this Invitation to Bid to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than 5:00 p.m., Monday, February 23, 2015. Answers to questions will be provided no later than 5:00 p.m., Tuesday, February 24, 2015. 1.12.2 Clarifications or Interpretations Any clarifications or interpretations of this Invitation to Bid that materially affect or change its requirements will be issued by the BBCRA or its representative as an addendum. All such addenda issued by the BBCRA before the Bids are due, are part of the Invitation to Bid, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Attachment "B," Addenda Acknowledgement. It is the responsibility of all Bidders to obtain, review and respond any and all addenda issued. 00"8048-1 4 of 21 1.12.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least three (3) days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Bid. 1.12.4 Cone Of Silence Per Palm Beach County Code Section 2-355, after the deadline to respond to this Invitation to Bid, members of the BBCRA Board and Staff are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the BBCRA Board (1) awards or approves a contract, (2) rejects all Bids, or (3) otherwise takes action which ends the solicitation process. Improper communication during this Cone of Silence period may result in a penalty as outlined in Palm Beach County Code Section 2-327. 1.13 Obligations of Parties 1.13.1 Assumed Requirements Bidder understands and acknowledges by submitting a Bid that the Bid being submitted is based on assumed requirements for the proposed Project, and that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted Bid. Bidder is required to qualify all assumptions it makes. 1.13.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a Bid that any and all costs incurred by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1. 13.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred in preparing or submitting its Bid or for any presentations made. 1.13.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this Invitation to Bid, and the BBCRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this Invitation to Bid or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be bindin& on Bidder. O W8048-1 5 of 21 1.14 Completeness of Bid 1. 14.1 Completeness Bidder(s) should carefully read all information contained herein including the requirements to be a responsible bidder as it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.14.2 Conditional Clauses Bids that are qualified with conditional clauses, or alterations, or items not called for in the Invitation to Bid documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 1. 14.3 Compliance Failure to comply with the requirements contained in the Invitation to Bid request may cause rejection of the Bid. 1. 14.4 Rej ection Bids submitted after the Submittal Deadline will be rejected returned unopened. 1.15 Withdrawal or Modification A Bid may be withdrawn and resubmitted any time prior to the Submittal Deadline. Outside of the approved negotiation process, no Bid may be changed, amended, or modified after the Submittal Deadline. No Bid may be withdrawn after the Submittal Deadline without approval of the BBCRA, in its sole discretion, based on Bidder(s)'s written request stating reasons for withdrawing the bid. 1.16 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the BBCRA; however, the BBCRA may return all other Bid information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the bid pricing information requested by the BBCRA is provided. 1.17 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the Submittal Deadline to allow time for evaluation and selection. A Bid, if accepted, shall remain valid for the life of the Contract(s) resulting from this selection process. 1.18 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "C," Bidder(s) Acknowledge and Compliance Certificate. W448048-1 6 of 21 1.19 Tentative Schedule of Actions 1. 19.1 Release of ITB 1. 19.2 Bid Submittal Deadline 1.19.3 BBCRA Board Presentation 1. 19.4 Project to Begin February 11, 2015 February 27, 2015, 4:OOpm March 10, 2015, 6:30pm April 1, 2015 1.20 Execution of Agreement 1.20.1 Offer of Contract Upon selection of the successful Bidder(s) by the BBCRA Board, the BBCRA will extend to said Bidder(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by the BBCRA in negotiations. 1.20.2 BBCRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract within 60 days of the Award of Bid, the BBCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). 1.21 Bid Format 1.21.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 1.21.2 Additional Information Except for alternate methods be included in the Bid. 1.22 Public Entity Crimes 1.22.1 Legal Requirements Federal, State, County and that in any manner affect knowledge by the Bidder(s) responsibility. or pricing, additional attachments shall not City laws, ordinances, rules and regulations the items covered herein apply. Lack of will in no way be a cause for relief from 1.22.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(l 1), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph 00449048-1 7 of 21 (2)(a) of Section 287.133, Florida Statutes, Attachment "D," Public Entity Crimes Statement. 1.23 Bond Requirements 1.23.1 In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor may be required to provide the BBCRA, a 100% Performance Bond and a 100% Labor and Material Payment Bond, each in an amount not less than the total cost of the Project. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." The Bond must be written by a Surety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, and U.S. Department of Treasury. When the successful Bidder delivers the executed Contract to the BBCRA, it must be accompanied by the Bond and insurance certificates and policies if applicable and/or required. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. An attorney in fact who signs bonds must file with such bonds a certified copy of their Power of Attorney to sign said bonds. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder(s)'s Qualifications — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 00"904s-1 8 of 21 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: _ City, State, Zip: Telephone No.: Email Address of Contact Person: Federal Identification No.: Fax No: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'s Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to your organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Failure to Complete or Default List each project your organization has, on an awarded contract, within the past thirty-six (36) months, defaulted or failed to complete and the reasons why, along with any additional relevant information. 2.3.4 Liquidated Damages List each project your organization has, on an awarded contract, within the past thirty-six (36) months, paid liquidated damages, the reasons why, the amount of the damages paid, the length of delay involved (if any), and any additional relevant information 2.3.5 Legal Actions List all civil and criminal legal actions in which your organization is currently or was in the past thirty-six (36) months a named party or providing the state, case number and disposition of each. Bidder may include any additional relevant information. 00448096-1 9 of 21 2.3.6 For each public project completed within the past thirty-six (36) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by Bidder, the amount by which the final project costs payable to Bidder exceeded the original bid. 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization Construction Services On -Site Provide a list of names of individuals who will perform the on-site functions of Project Management & Supervision during the Project's duration. 2.5 Relevant Construction & Project Experience In the table shown in Attachment "E," Statement of Relevant Construction Experience, Bidder(s) shall list relevant project experience in which Bidder(s) performed General Contracting Firm services similar to those outlined in this Invitation to Bid. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "NIA" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this Invitation to Bid. Bidder(s) may also attach photos for each similar or related project completed within the last thirty-six (36) months. 2.6 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.7 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors," Attachment "F" Schedule of Subcontractors The BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Contract, Bidder shall, throughout the term of the Contract, OWSM-1 10 of 21 periodically provide the BBCRA with an updated list of all subcontractors working on the Project. 2.8 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the Bidder shall certify that it has and will maintain a drug-free workplace. The Bidder shall complete and submit with its Bid the attached certification, Attachment "G," Drug Free Workplace Certification. Preference shall be given to businesses with drug-free workplace programs but it is not a requirement to submit a bid proposal. 2.9 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the Project. 2.10 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. 2.11 Safety Program If your organization has a Safety Program or procedures, please attach a copy to your Bid. 2.12 Bonding Capacity Bidder(s) shall provide proof of its ability to obtain a bond to secure completion of the Project. 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H." Cost Bid based on the items listed and described in Attachment 'W' Project Scope o Work The scope of the Bidder fs) work consists of the totality of the successful Bidder(s)'s/Construction Firm's duties and obligations under the Contract Documents. 3.2 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the BBCRA's sole discretion. 3.3 Permit Fees It is the Bidder's sole responsibility to obtain and include the costs for any and all permit fees required to perform work under this Project Scope of Work by any and all applicable agencies and governing bodies. 00"80"-i 11 of 21 ATTACHMENT "A" PROJECT SCOPE OF WORK Product List and Installation: 1. Disconnect and dispose of the existing dispensers and reels. 2. Provide and install one (1) new PMC gasoline all stainless steel constructed dispenser rated at 20 gallons per minute. o CMDR 2200 GRM single product/dual hose. 3. Provide and install one (1) new PMC diesel stainless steel dispenser rated at 60 gallons per minute. o CMDR 6600 GRM single product/dual hose. 4. Provide and install one 4 HP submersible pump in the diesel tank to provide adequate speed for 60 gallons per mintue (GPM) diesel delivery. Make all necessary connections to facilitate the use of the new 3 phase pump from the current single phase configuration. o Franklin Fueling System: STPMVS4-VL2 4 hp variable speed with MagShellTm. 5. Provide and install 2 Emco Wheaton above ground dispenser sumps in stainless steel for the PMC Commander gas and diesel dispensers. o A0718-729CMDR 6. Provide and install three Stainless Steel Hannay electronic hose reels capable of handling 100' of 1" diameter hose. Two of the reels will be used for the gas dispenser and one of the reels will be used for the diesel dispenser on the low flow side. o SSEPJ6020-25-26 - 1" X 100' Hose Capacity 7. Provide and install one Stainless Steel Hannay electronic hose reel capable of handling 100' of 1 %2" diameter hose to be used on the high speed side of diesel dispenser. o SSEPJ6028-25-26 - 1.5" X 100' Hose Capacity 8. Provide and install 4 stainless steel reel covers with lockable access to reel, hose, and motor. Reel cover design must be approved by marina owner prior to fabrication and installation. 9. Provide and install 100' of 1" Irpco Assembled Goodyear Hose on each of the three reels. o 108821B - 1" Male X Male Blue Marina Hose — Gas x2 o 108821G -I" Male X Male Green Marina Hose —Diesel xl 10. Provide and install 100' of 1 1/z" Irpco Assembled Goodyear Hose on the 1.5" diesel reel. o 146881S - 1.5" Male X Male Red Marina Hose —Diesel 11. Provide and install nozzles on the appropriate hoses. o Catlow CM21 1.5" Nozzle Bare Nozzle No Hand Warmer Included nor Required — Diesel o Catlow N1ANL 1" Inlet Nozzle with 13/16 Spout and Blue Hand Warmer —Gas OW8048-1 12 of 21 o OPW 7HK-0100 - 1" inlet and Outlet Nozzle without Hold Open Clip and Includes Green Hand Warmer — Diesel 12. Provide and install all Hosemaster stainless steel flex connecters. o FSMM-300100 -I" X 30" Male X Male Stainless Steel Flex Connector. o FSMS-300150 - 1.5"X30" Male X Male One End Swivel Stainless Steel Flex Connector. 13. Provide and install all M. Carder industries swivels. o AWS10 - 1" Straight Swivel for Connection of Flex Hose to Reel & Dispenser also for Nozzle to Hose Connection. o AWS15 - 1.5" Straight Swivel for Connection of Flex Hose to Reel & Dispenser also for Nozzle to Hose Connection 14. Provide and install any and all equipment necessary to ensure proper communication and operation between the new dispensers and Scribble Software's Pure Fuel Interface. This includes the PMC Daughter board or communication board that must be installed to allow digital communication between the dispensers and the Scribble Fuel FI DBox (if required). 15. Make all pipe and wire terminations, introduce fuel, and startup new equipment. 16. Calibrate new dispensers and train marina staff on how to operate the new dispensers. 17. Include Viceder Root start up. *It is the Construction Firm's responsibility and obligation as required and applicable, to obtain any and all Project permitting, inspections and approvals from the appropriate governing agencies. ODUR as -1 13 of 21 ATTACHMENT "B" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Boynton Harbor Marina Fuel Dock: Fuel Dispenser Replacement Project COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No.1 Date No.2 Date No.3 Date No.4 Date No. Date Bidder(s)'s Signature Title OWSO48-1 14 of 21 ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Release Date: Wednesday, February 11, 2015 Project Title: Boynton Harbor Marina Fuel Dock: Fuel Dispenser Replacement Project Bid Submitted By: Friday, February 27, 2015. Bids must be received in their entirety by the BBCRA no later than 4:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: Mailing Address: City: Vendor Mailing Date: - Fax Number:^—) - State: Zip: Authorized Signature Name (Printed or Typed) OM8048-1 15 of 21 ATTACHMENT "D" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Bidder(s)'s Signature Title 0M8M-1 16 of 21 ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE Name of Bidder(s): 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under the present firm name? 6. General character of work performed by your company: 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of Employees: 9. Bonding Capacity: 10. Experience in performance: Proieci $ Value S $ $ 004"048.1 17 of 21 years Contact Name Phone # ATTACHMENT "F" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this Project for any reason. Attach additional pages if necessary. Project Title: Boynton Harbor Marina Fuel Dock: Fuel Dispenser Replacement Project Issuance Date: February 11, 2015 Bidder(s)s Name: Name/Address/Phone of Subcontractor Type of Work to be Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 00448048-1 18 of 21 ATTACHMENT "G» DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs but it is not requirement to submit a bid proposal. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drag -free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Bidder(s)'s Signature Title OM8048-1 19 of 21 Project Title: Name of Bidder(s): ATTACHMENT "H" COST BID Boynton Harbor Marina Fuel Dock: Fuel Dispenser Replacement Project We propose and agree, if this Bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by Attachment "A," Project Scope of Work. Having studied the Invitation to Bid documents and Project Scope of Work as prepared and having examined the Project site, we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ and (amount written in words has precedence) Dollars Cents The undersigned Bidder(s) agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within i calendar days thereafter. Two (2) originals and one (1) unbound copy of bid submitted Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he or she has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Bidder(s), by and through the submission of this Bid, agrees that he or she has examined and shall be held responsible for having theretofore himself or herself examined the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he or she may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. 0040048-1 20 of 21 The Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder(s), Corporation, Firm or Individual Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: 00448048-1 21 of 21 BOYN =��BE °HCRA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda Old Business X New Business Public Hearing Other SUBJECT: Consideration of Addition of Domestic Partnership Policy and Revision of Non - Discrimination Policy SUMMARY: The City of Boynton Beach has recently approved updating the non-discrimination policy to include "gender identity and gender expression" and the addition of domestic partnership as an eligible dependent for employment-related benefit programs. Attached is a memorandum distributed to City employees regarding the policy to offer benefits to domestic partners as well as the applicable ordinances (No. 14-029 and No. 14030). The CRA utilizes the City's vendors for the purposes of providing benefit plans for CRA employees and their spouses and dependents. Staff recommends the Board approve the addition of domestic partner benefits and a review of the CRA's non-discrimination policy thereby demonstrating the CRA's commitment to providing a diverse, inclusive work environment. FISCAL IMPACT: None - benefits for spouses and children are paid for 100% by the participating employee. CRA PLAN, PROGRAM OR PROJECT: Administrative RECOMMENDATIONS: Approve the addition of domestic partner benefits and revision of non- discrimination policy and direct legal to make the necessary changes to the CRA's Human Resources policies and procedures manual. Susan Harris Finance Director T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingWY 2014 - 2015 Board MeetingslFelruary 20151Consideration of Addition of Domestic Partnership Policy and Revision of Non -Discrimination Policy.docx Harris, Susan From: Sholos, Patricia Sent: Tuesday, January 20, 2015 9:10 AM To: Everyone Cc: Lori Osborn (losborn@scrwwtp.org); Ross, Suzanne Subject: Domestic Partner insurance Benefits Attachments: Domestic Partner Benefits Policy and Affidavit.pdf, 2014 2015 EMPLOYEE INSURANCE PAYROLL DEDUCTIONS.doc In compliance with recent statutes and with Commission approval, the City of Boynton Beach is pleased to offer benefits to employees' and retirees' domestic partners and their eligible dependent children. The Domestic Partner Benefits policy and the Employee Affidavit of Domestic Partnership form are attached. Domestic partners and their eligible children may be enrolled for Cigna medical, and/or Cigna dental, and/or VSP vision, and/or Hartford Life coverage. Please read the entire document carefully. If you wish to enroll your domestic partner, please complete the attached Employee Affidavit of Domestic Partnership. The affidavit must be signed, dated and notarized and you must also provide documents of evidence as listed as well as birth certificates for any children that are to be enrolled. Coverage will be effective retroactive to January 1, 2015 for those employees and retirees that wish to enroll their domestic partner immediately. The affidavit and required documentation must be submitted to HR/Risk Management no later than January 30, 2015, for a January 1s` effective date. Otherwise, employees may elect a February 1, 2015 effective date with affidavit and required documentation submitted no later than Friday, February 27th A rate sheet reflecting bi-weekly payroll deductions is attached. Just a reminder, since dependent deductions are taken one month prior to effective date of coverage, arrearages will be due and collected but may be spread over several pay periods. Per IRS rules, an employee may not receive a tax advantage on any portion of premium attributable to a domestic partner; therefore, imputed income for the value of the applicable domestic partner coverage for the period of coverage, including the value of the coverage for a domestic partner's child(ren), must be reported on the employee's W-2 and taxed accordingly. Imputed income is the dollar value of insurance coverage attributable to covering the domestic partner and the domestic partner's child(ren). Please consult with your personal tax advisor with regards to how this may impact your tax situation. Please call me at 742-6278 or, email at sholosg@bbfl.us if you have questions or wish to set up an appointment to complete the necessary insurance carrier enrollment forms and provide the Affidavit and required documentation. Thank you. Patricia Sholos, Benefits Administrator Human Resources and Risk Management City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6278 SholosP@bbfl.us I www.boynton-beach.org America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Domestic Partner Benefits 1.1 PURPOSE Policy No. 05-001 Domestic Partner Benefits January 1, 2015 Page 2 of 8 The City of Boynton Beach recognizes that there are many individuals who establish and maintain a significant personal, emotional, and economic relationship with another individual but who choose not to marry. individuals forming such a domestic partnership often live in a committed family relationship with one another. Domestic partners are often denied certain rights and benefits because there is no established system for such a relationship to be registered and recognized. The City of Boynton Beach recognizes that providing equal benefits is in the best interests of the citizens, residents, and businesses of the City and promotes a fair and equitable work environment for our employees. 1.2 SCOPE This policy applies to all regular full time and part time employees as well as benefit -eligible retirees of the City of Boynton Beach. 1.3 DEFINITIONS 1) City employee means currently employed or retired employees of the City of Boynton Beach, Florida, who are eligible for benefits pursuant to federal, state, or city laws, city administrative rules, or collective bargaining agreements. 2) Declaration of Domestic Partnership means a declaration prepared by the Department and signed under penalty of perjury, which affirms that the individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in Section 1.4. The Declaration of Domestic Partnership shall only be valid as it relates to the City of Boynton Beach employee benefit program. 3) Department means the City of Boynton Beach NR/Risk Management Department. 4) Domestic Partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Section 1.4. 5) Dependent) as used with regard to domestic partnership benefits, pursuant to Section 1.4, means the domestic partner of a City employee or benefit -eligible retiree. Policy No. 05-001 Domestic Partner 9enefib January 3, 2015 Pale 3 of S b) Dependent of domestic partner or dependent of employee, as used with regard to domestic partnership benefits, pursuant to Section 1.4, means a person who is eligible for coverage under the City's insurance plans. 7) Jointly Responsible means each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic food and shelter. 8) Mutual Residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return. ILA POLICY The City of Boynton Beach offers group insurance for all full time employees and their eligible dependents. Dependent coverage requires an employee bi-weekly premium contribution. Domestic partners of employees shall be considered an eligible dependent if they have completed and submitted the City of Boynton Beach Employee Affidavit of Domestic Partnership form and all necessary documentation required by the form, to include: RESIDENCE -- at least two of the following : copy of mortgage document or lease showing both names (joint ownership or leaseholders), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address • FINANCIAL RESPONSIBILITY - at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle tide showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. Dependent children of the domestic partner may also be considered eligible dependents under the following conditions: The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. Poky No. 05-001 Domestic Partner Benefits January 1, 2015 Page 4 of 8 An Affidavit of Termination of Domestic Partnership must be completed within 30 days of when the domestic partnership eligibility requirements are no longer met or within 30 days of the death of a domestic partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partners eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. 1.5 PROCEDURE When a domestic partnership has been established in accordance with the definitions listed above, a City of Boynton Beach Employee Affidavit of Domestic Partnership form must be completed along with all the necessary documentation, in order for an employee's or retiree's domestic partner to be eligible as a covered dependent for health, and/or dental, and/or vision, and/or life insurance coverage. The City of Boynton Beach Employee Affidavit of Domestic Partnership form can be obtained from the Human Resources and must be completed in full and submitted to HR/Risk Management for consideration of approval of benefits. Poky No. 05-001 Dansk Partner Benefits January 1, 2015 Page 5 of 8 CITY OF BOYNTON BEACH EMPLOYEE AFFIDAVIT OF DOMESTIC PARTNERSHIP I, . submit this Affidavit to the City of Boynton Beach and declare to establish I as my Domestic Partner (as defined below) for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee or benefit -eligible retiree of the City of Boynton Beach. "Domestic Partnee means a person of the same or opposite sex with whom the employee has established a Domestic Partnership. "Domestic Partnership" means a relationship between an employee and one other person of the same or opposite sex, who meet all of the following eligibility requirements: a) Each person is at least eighteen (18) years old and legally competent to contract; b) Neither person is in a current marriage nor currently a partner to another domestic partnership or civil union with any individual other than the other person signing the declaration of domestic partnership; c) Neither partner is related to the other by blood; d) Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud; e) Each person agrees to be jointly responsible for each other's basic food and shelter, f) Each partner considers himself or herself to be a member of the immediate family of the other partner; g) The partners reside in a mutual residence, h) Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the Declaration of Domestic Partnership are no longer applicable or if one (1) of the domestic partners wishes to terminate the Domestic Partnership. i) Neither individual has signed a Domestic Partner Affidavit or declaration with any other person within the last twelve (12) months prior to designating each other as Domestic Partners with the City of Boynton Beach. I affirm that we are Domestic Partners and meet the Domestic Partnership eligibility requirements and reside together at: (street address) (city, state, zip) I have attached the following documents as evidence of common residence and joint financial responsibility. These documents are the most current and valid to the best of my knowledge. POiky NO. 05-M Domestic Partner Beneflu January1, 2015 Page 6 of a * RESIDENCE - at least two of the following : copy of mortgage document or lease showing both names (joint ownership or leaseholders), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address • FINANCIAL RESPONSIBILITY - at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. DEPENDENT CHILD(REN) OF DOMESTIC PARTNER - CERTIFICATIONS' *A birth certificate is required for each dependent child. Domestic Partner Dependent Child(ren) Last Name Last Name Last Name Last Name Last Name First Name Middle First Name Middle First Name First Name Date of Birth Date of Birth Middle Date of Birth Middle Date of Birth First Name Middle Date of Birth We hereby certify that the above named child(ren) of the Domestic Partnership meet all of the eligibility requirements listed below for coverage under the group medical plan. • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. I further acknowledge and understand: • 1 have an obligation to submit to the City of Boynton Beach an Affidavit of Termination of Domestic Partnership within 30 days of when the Domestic Partnership eligibility requirements are no longer met or within 30 days of the death of my Domestic Partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that Pogey No. 05 -MI Do --Hr Partner Benefits January 1, 2015 Page 7 of 8 the domestic partner and/or domestic partners eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. • I cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after a statement of death or Termination of Domestic Partnership has been filed. Any fraudulent statement, omission, or concealment of facts, misrepresentation, or incorrect information contained in the Affidavit of Domestic Partnership may result in my being responsible for reimbursement of any expenses paid by the City of Boynton Beach's medical carrier, or in the denial of the claim or cancellation or rescission of coverage under this contract. Disciplinary action pursuant to City FPM Section #6 may be taken up to and including termination of employment. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee: Signature of Notary Public Notary as to Domestic Partner: Date Signature of Notary Public Date (SEAL) (SEAL) CITY OF BOYNTON BEACH 2014 - 2015 INSURANCE PAYROLL DEDUCTIONS EMPLOYEE MEDICAL Employee Deductions (Bi -Weekly —26 paychecks per year) Cigna Open Access Plan (OAP) EE No Charge E+SP 317.84 E+CH 270.50 Family 415.90 Cigna High Deductible Health Plan (HDHP) No Charge 285.88 243.30 EcyLlt111: EMPLOYEE DENTAL (Cigna DPPO) Employee Deductions (Bi -Weekly — 26 paychecks per year) EE No charge Family 23.94 EMPLOYEE VISION CARE (VSP) Employee Deductions (Bi -Weekly — 26 paychecks per year) EE No charge Family 3.30 5/HR/Benefits/Health Plans/2014 - 2015 Employee Insurance Payroll Deductions.doc 1A 2 2 t 2 2 ORDINANCE NO. I4-029 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE I, "IN GENERAL", BY CREATING SECTION 2-24, TO BE ENTITLED "NON-DISCRIMINATION POLICY"; PROVIDING FOR NON- DISCRIMINATION IN THE CITY'S HIRING POLICIES AND ALL OTHER ACTIVITIES PROMOTED OR SPONSORED BY THE CITY OF BOYNTON BEACH; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach (the "City'� is an equal opportunity employer; and WHEREAS, the City Commission seeks to codify the City's policy of non- discrimination in hiring; and WHEREAS, the City Commission seeks to further ensure a policy of non- discrimination in all activities promoted or sponsored by the City; and WHEREAS, the City Commission finds that codifying a non-discrimination policy is in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: SectiogA. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Chapter 2, entitled "Administration", Article I, entitled "In General", of the City of Boynton Beach Code of Ordinances is hereby amended by specifically creating Section 2-24, to be entitled, "Non -Discrimination Policy" to read as follows: S %CC\WP10RDINANCES12014U4-029 - Non-Discnmmatton Doc 1 11 I ZII 3� 5I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Sec. 2-24 Non -Discrimination Police l'he City of Boston Beach shall not discriminate against any person in its hiring, promotion, operation or sponsorship of any activities or Programs, or engage in any other discriminatory practice against any person based on race, age. religion, color. gender, gender identity or expression. sexual orientation nationalorigin_ marital status physical or mental disability, political affiliation or any other unlawful factor. i Section 3, it is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article", or such other word or phrase in order to accomplish such intention. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective immediately upon its passage and adoption 1 i I II 1 S ICCIWP10RD1NANCEM2014%14-029 - Non-DisenmmatFon Doc i N 1 2 3 4 2014. 5 6 7 8 9 10;1 11 12 13 I I 14 I 1 I 15 16 j 17 18 19 20 21 22 23 24 I FIRST READING THIS 5" DAY OF NOVEMBER, 2014. SECOND, FINAL READING AND PASSAGE this /b day of 25 26 j 27 j ATTEST: 28 29 30 ' 31 32 33 34, 35 36 Jarfit M. Prainito, MMC tv Clerk ►0570 YES YES YES YES YES 5-0 CITY OF BOYNTON BEACH, FLORIDA Vi e —Joe Casello Commissioner — David'% Merker f Commissioner — Mack 1ITcCray Commissioner — MichaeI M. Fi a ick i S \MWP10RDiNANCES12014U4-429 - Non -Discrimination DuL 3 I 1 2 3 4 5 6 7'. 9E� W! 11� 12; 131 141 15 16! 17 18 19 20 21 22 23 j 24 I 25 26 27 1 281 291 i 301 ORDINANCE NO. 14-030 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE I, "IN GENERAL" ADDING A NEW SECTION 2-24A, TO BE ENTITLED "THE BOYNTON BEACH DOMESTIC PARTNERSHIP ACT"; PROVIDING DOMESTIC PARTNERSHIP BENEFITS FOR CITY OF BOYNTON BEACH EMPLOYEES; PROVIDING FOR FINDINGS AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION; PROVIDING FOR TERMINATION OF DOMESTIC PARTNERSHIPS; PROVIDING FOR EXTENSION OF BENEFITS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach ("City") desires to recognize unmarried ' people who live with and consider their partners to be members of their immediate family; and WHEREAS, in establishing and permitting domestic partnerships in the City, the City Commission is recognizing the change in family demographics in the United States; and WHEREAS, the City Commission recognizes the Iegal distinction between married couples and domestic partners, and seeks to afford employees who have entered into domestic partnership relationships the same benefits offered to married employees; and WHEREAS, the City Commission finds that providing equal benefits to all domestic partners and married couples promotes a fair and equitable work environment; and WHEREAS, the City Commission finds that providing equal benefits to domestic partners is in the best interests of the citizens, residents and businesses of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses set forth above are hereby ratified 311 ! and confirmed as being true and correct and are hereby made a specific part of this Ordinance. 100017761 1306-000182r i Page 1 of 7 SECTION 2. Part II, Chapter 2, '`Administration", Article 1, "In General", of the 2 City Code is hereby amended by creating Section 2-24A, to be entitled "The Boynton Beach 31 Domestic Partnership Act" which shall read as follows: 4j! Section 2-24A THE BOYNTON BEACH DOMESTIC PARTNERSHIP ACT 1 5 ' A) This section may be cited as the "The Boynton Beach Domestic Partnership Act." 6 B) Findings and Intent 7 8 1) The City Commission of the City of Boynton Beach finds that there are many 9 individuals who establish and maintain a significant personal, emotional and 10 economic relationship with another individual but who choose not to marry. 11 i Individuals foMmL g such domestic partnerships often live in a committed family 12 relationship. Domestic partners are often denied public and private sector 13 I benefits_ because there is no established system- for such relationships to be 14 registered and/or recognized. In addition, because of the status of their 15 relationship, domestic partners in many cases are not extended certain 16 employment benefits that are otherwise made available to employees who have 17 entered into traditional, state -sanctioned marriages. 18 19 2) The City Commission finds that the provision of domestic partner benefits 20 promotes employee recruitment, employee retention, and employee loyalty. 21 22 3) The provision of this section shall be liberally construed topromote„the public 23 health safes and general welfare of the citizens, residents and employees of the 24 City of Boon Beach. This act shall not be construed to supersede any federal, 25 state or city laws or regulations, nor shall this section be irate reted to bring it 26 into conflict with federal, state or city laws. Any rules developed to implement 27 the provisions of this section shall be liberally construed to accomplish the 28 policies and purposes stated in this section. 29 30 C) Definitions 31 ; For purposes of this section, these terms shall be defined, as follows: i 32 ! 1) City employee means currently employed or retired employees of the City of 33 Boynton Beach, Florida, who are eligible for benefits pursuant to federal, state, or 34 city laws, city administrative rules, or collective bargaining_agreements. 35 j 36 2) Declaration of Domestic Partnership means a declaration prepared by the 37 Department and signed under penalty ofyeriury, which affirms that the 38 i individuals referenced in the declaration meet the re uirements of a domestic 391 ! partnership relationship as described in Subsection D. The Declaration of (OW3776-; 1 306-001821 ) Page 2 of 7 2 3 4 5 i 6`1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35, 36I 37 38 39 40 411 Domestic Partnership shall only be valid as it relates to the City of Boynton Beach emgloyee benefit program. 3) Department means the Ci , of Boynton Beach Human Resources Department. 4) Domestic Partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Subsection D. 5) Dependent, as used with regard to domestic partnership benefits, pursuant to Subsection G, means the domestic partner of a City employee. 6) Dependent of domestic partner or dependent of employee, as used with rem domestic partnership benefits, pursuant to Subsection G, means a person who is eligible for coverage under the City's insurance plans. 7) Jointly Responsible means each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or Jointly to said basic food and shelter. 8) Mutual Residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return. D) Registration of a domestic partnership relationship. 1) A valid domestic partnership relationship may, be registered by two persons, one of whom is a City employee by filing a declaration of domestic partnership with the Department. which declaration shall comply with all re uirements for establishing such domestic partnership. The director of the Department, or his or her designee, shall file the declaration of domestic partnership and issue a certificate reflecting the registration of the domestic partnership relationship in City 2) A declaration of domestic partnership shall contain the name and address of each domestic partner, the signature of each partner, and each partner shall swear or affirm under penalty of perjury that: (0003776% 130b9001821 j Page 3 of 7 a) Each person is at least ei teen (18) years old and legally competent to 2 contract; 4 b) Neither person is in a current marriage recognized by the state of Florida 5 nor currently a partner to another domestic partnership or civil union with 6 any individual other than the other person signing the declaration of 7 domestic partnership; 81 9 I c) Neither partner is related to the other by blood; 10 11 d) Consent of either person to the domestic pggMership relationship has not 12 been obtained by force duress or fraud-, 13 14 e) Each person agrees to be Jointly responsible for each other's basic food and 15 shelter: 16 17 f) Each partner considers himself or herself to be a member of the immediate 18 family of the other partner; 19 20 g) The partners reside in a mutual residence- 21 22 h) Each domestic partner agrees to immediately notify, the Department, in 23 writing, if the terms of the Declaration of Domestic Partnership are no 24 longer applicable or if one (1) of the domestic partners wishes to terminate 25 the domestic partnership. 26 27 i) Neither partner has signed a Domestic Partnership Affidavit or Declaration 28 with any other person within the twelve (12) months prior to designating 29 each other as Domestic Partners. 30 31 3) Any partner to a domestic partnership may file an amendment to the domestic 32 partnership certificate issued by the City to reflect a change in his or her legal 33 name. All other amendments must be -filed by both domestic partners with the 34 same formality as the original declaration, however only one party of the 35 I domestic partnership is required to file a termination of the valid domestic 36I artnp�ership. 37 38 E) Termination of registered domestic partnership relationship_ 3911 1 Either partner to a registered domestic partnership relationship may terminate such 4011 relationship by filing a notarized declaration of termination of domestic 11 4111 partnershiRrelationship with the Department. The director of the Department shall 4211 file the declaration and issue a certificate of termination of domestic partnership t00037763 1 306-9001823 1 Page 4 of 7 1 relationship to each partner of the former relationship. The termination shall become effective immediately from the date the certificate of termination is issued. 3 4 2) If any partner to a domestic partnership relationship enters into a legal marriage, the 51; domestic_ partnership relationship shall terminate automatically, and all rights 6 I ! benefits, and entitlements thereunder shall cease as of the effective date of the 7 marriage. The marrying domestic partner shall file a declaration terminating the 8 i domestic partnership relationship within five 5 days after entering into a Ind 9 marria a that is recognized by the State of Florida. 10 11 3) The death of either domestic partner shall automatically terminate the domestic 12 , partnership relationship. The surviving partner shall continue to be entitled to 13 receive all benefits otherwise provided to a surviving souse. 14' 15 F) Maintenance of records. The Department shall by administrative ruleprescribe 16 the form of all declarations, amendments, and certificates required to be filed under 17 this act. The Department shall maintain a record of all declarations, amendments, and 18 certificates filed Rgrsuant to this act. The records shall be maintained so that all 19 declarations amendments, and certificates shall be filed with the registered domestic 20 ' partnership to which they apple. 21 22 G City eml2loyees,• extension of benefits. 23 1 An City em to ee who is a Rgty to aregistered domestic partnership relationship, 24 pursuant to Subsection D of this act, shall be entitled to elect insurance coverage for 25 his or her domestic partner or a dependent of such domestic partner on the same 26 basis in which any City employee may elect insurance coverage for his or her 27 spouse or dependents. A City employ, e�ghtto elect insurance coverage for his or 28 I her domestic partner, or the partner's dependent, shall extend to all forms of 29 insurance provided by„the City to the spouses and dependents of City employees, 30 unless such coverage is prohibited -by state or federal law. All elections of coverage 31 shall be made in accordance with the requirements of applicable Cijy ordinances 32 administrative rules, and policies. A City_ employee must make application for 33 insurance within thirty (30) dgys of the establishment of a_ domestic partnership 34 relationship or will have to wait until the open enrollment period, as established by 35 ! the City. The establishment of a domestic partnership relationship, as provided by 36 1 the section, shall constitute a "qualidnng event” for the purposes of adding 37 dependents to the insurance plan outside of the Open Enrollment Period. 38I39 . 2) Any City_ employee who is a party to a registered domestic partnership relationship, 40 f pursuant to Subsection D of this act, shall be entitled to use all forms of leave 41 { = provided by the City including, but not limited to, sick leave, annual leave, family 400037763 ,306.9001821 1 Page 5 of 7 I illness leave and bereavement leave to care for his or her domestic partner or the 2 dependent of the domestic partner as applicable. The use of leave authorized in this 3 ; section shall be consistent with the applicable requirements in city ordinances, 4 administrative rules, and cites1po ivies. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3) Unless prohibited by state or federal law, all other benefits available to the spouses and dependents of City employees shall be made available on the same basis to the domestic partner, or de endent of such domestic artner of a Cit em to ee who is a party to a registered domestic partnership relationship Rursuant to Subsection D. 4) The Cfty Manager is authorized to take all actions necessga to implement the provisions of this section. G) Notification of Family Members In any situation providing for mandatoKy or permissible notification of family members, including notification of family members in an emergency. or _when permission is exanted to inmates to contact family members "notification of family" 1 shall include domestic partners. H) Additional Regulations 1) Nothing in this section shall be interpreted to contravene the general laws of the State of Florida. 2) Nothing contained in this section shall be construed to impose liability- or impose a private cause of action upon a domestic partner for the health or health expenses of his or her domestic partner. 3) When, „the term "spouse" or "married" or "marriage" is used in other city ordinances and documents, it shall be interpreted to include a registered domestic partner. When the term "family" or "dependent" is used in other cjV ordinance. it shall be interpreted to include domestic partnerships and dependents of registered domestic partnerships. When the term "divorce" or "legal separation" is used in other city ordinances and documents, it shall be interoreted to mean termination of a registered domestic partnershi SECTION 3. It is the intention of the City Commission of the City of Boynton Beach, Florida that the provisions of this ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances. The sections of this ordinance may be re - 38 ' numbered or re -lettered and the word "ordinance" may be changed to "section," "article," or ;00037761 1 30&9001821 Page 6 of 7 k 1 2 31 4 51 i 61 7 81 0 10 11 12 13 14 15 16 17 1811 1 19 20! 211 22 23 ` 24 25 26 27 28 291 30 31� 32 33 34 35 36 37 such other appropriate word or phrase in order to accomplish such intentions. SECTION 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. SECTION 5. If any clause, section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or application in full force and effect. SECTION 6. This Ordinance shall become effective ON ADOPTION. I FIRST READING THIS 5TH DAY OF NOVEMBER, 2014. i SECOND, FINAL READING AND PASSAGE this day of NO V. , 2014. Vote CITY OF BOYNTON BEACH, FLORIDA M YES YES Y -AS YES ATTEST: 4-1 Jan M. Prainito, MMC Commissioner — Michael M. Fitzpat ick Page 7 of 7 BOYNTQN q + BEACH RA CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business Legal J X I Information Only SUBJECT: Executive Directors Report PRIVATE DEVELOPMENT 500 Ocean (SE Corner of Ocean/Federal) —Developer is working on getting utilities relocated. They will be applying for construction permit for the site work and garage in February. The D1FA is on the Feb. CRA agenda. Family Dollar (MLK/Seacrest) — Construction permits are approved and a groundbreaking ceremony is being planned with Family Dollar corporate headquarters. HOB Grocery Store/Commercial — Developer has made contact with potential grocery stores. They believe the project can work on the CRA owned site. Casa del Mar — The Commission denied the rezoning of the project at the February 3`d Commission meeting. Approximate value - $36M Yachtsman Plaza Redevelopment - The new owners plan on a total makeover for the plaza. The CRA is assisting with relocation for tenants. Boynton Dive Center is on the Feb. agenda for CRA grants for a new location. Timeless Life Care — A 1.2 acre site on S. Federal Highway that is coming in for minor site plan modification for a 70,000 sq. ft. assisted living facility. Approximate value - $12M Former Denny's Site/ 2201 S. Federal Hwy. — This property is still in play for redevelopment Healin Heart /220-226 W. Boynton Beach Blvd. — A 4,000_ sq. ft. new veterinary clinic and holistic spa for people. 90% completed. Seaview Park Club- 1630 N. Federal Hwy. — 1 acre site purchased by Olin to add to adjacent Manatee Bay Apartments. Construction is complete. CRA PROJECTS Ocean Breeze East RFP — Staff is still trying to get proposed deal terms and development time line from the developer. Ocean Breeze West — This project involved the replatting of the site into 21 single family lots,.the installation of the underground improvements and the development of 21 new for -sale homes. The project is complete. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board Meetings\December 20141Development Project Update.doc BOYNToN :.:BEACH CRA Boynton Beach Blvd. Redesign — This project Involves the redesign of Boynton Beach Blvd. east of Seacrest to create an inviting entry into downtown Boynton Beach. The CRA's consultant is conducting traffic studies to determine options for the redesign. Sara Sims Park - The CRA partnered with the City to provide new playground equipment consistent with the Sara Sims Park Master Plan. Model Block Project — The CRA paid for surveys of all the parcels, purchased one parcel and is in the process of purchasing two more for the project. Cottage District — Staff is negotiating for two more parcels in the block which will make the project more desirable to future homebuyers. The CRA has most of the parcels in the block under ownership (see attached map). Marina Redevelopment — The harbormaster building is complete and occupied. The ITB for fuel pumps is on the Feb. agenda. CRA legal is making contact with the BCC regarding the easement on the property for the next phase of development. Vt118t Public Parking Project — This project is complete and open to the public. The project was completed on time and within budget. Ocean Avenue Improvement Project — This project includes removal of the old tree grates and installation of tree lighting, upgrading of the irrigation system, new decorative street lights on the west end of Ocean Avenue and the installation of porous tree surrounds. The ITB has been issued. Proposals will be presented at the March Board meeting. Construction may begin as early as June. Federal Hinhway Entry Si na a Project — Two new City entry signs are planned for North and South Federal Highway. This project is approved by the City and FDOT. The ITB has been issued. Responses will be presented at the March Board meeting. Construction may begin as early as June. NE 4th Street Parking Lot & Street Enhancement Project — This project is designed to renovate and reactivate the currently inaccessible City owned lot located on NE 40 Street, one block north of E. Ocean Avenue to create a public parking area. The lot will be resurfaced and reconfigured to maximize parking and add landscaping where none exists today. The project will also provide limited aesthetic enhancements to the street in the form of curb bump -outs and restriping. The design is complete and will be submitted to the City for construction permit approval. North Federal FEC Corridor Improvement Project — This project is designed to improve the appearance of the N. Federal corridor, one of the major corridors in the City, with landscaping. Included in the scope will be landscape design, irrigation and new plantings. The City, consultant and CRA have met several times to discuss various design options. Town Stivare Project — Town Square has the potential to kick start the western end of the downtown redevelopment efforts. With 16.5 acres and the ability to attract major national investors, this area has already generated a lot of development interest. To date, the CRA has paid for the Town Square plan, the creation of Boards and printed material for the Florida Council of Public Private Partnerships. The CRA also paid for surveys that will assist developers with feasibility analysis. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings0ecember 20141Development Project Update.doc BOYNTON (CRAC:rBEA H CRA BOARD MEETING OF: February 10, 2015 Consent Agenda I I Old Business I I New Business I I Legal j X I Other SUBJECT: New Businesses in the CRA District SUMMARY: The CRA district welcomes 2 new businesses to the area. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. CF Creations Art Studio 410 W Industrial Ave. 2, The Ashura Entertainment, LLC 408 NE 3`d St FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program Marketing & Business Development