Loading...
Agenda 10-13-15BO I 1 TO ��BEAC�H' CRA CRA Board Meeting Tuesday, October 13, 2015 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA I. Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: A. Memorandum Regarding Rules of Decorum 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. Pirate Festival B. Music on the Rocks C. Movies VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting August 6, 2015 B. Approval of Minutes — CRA Board Meeting September 8, 2015 C. Approval of Period Ended September 30, 2015 Financial Report D. Monthly Purchase Orders E. Approval of CRA Board Travel to the 2015 FRA Conference IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Marketing and Business Development Campaign C. MLK Event XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Consideration of Preliminary Site Plan for the Ocean Breeze East Development B. Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Related Urban Development Group for the Ocean Breeze East Project C. Consideration of the Purchase and Development Agreement with Housing Trust Group for Properties located on the South Side of Martin Luther King, Jr. Blvd. D. Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Housing Trust Group for the Project on the South Side of Martin Luther King, Jr. Blvd. E. Consideration of Expanding the Scope of the North Entry Signage Project F. Consideration for Lease between the CRA and DJV Development for 404 E. Martin Luther King, Jr. Blvd. Unit A in the amount of $12,000 for a Three Year Term G. Consideration of Agreement for Services between the CRA and the Community Caring Center for Economic Development Services XIV. New Business: A. Consideration of Letter of Intent from Habitat for Humanity of South Palm Beach for Two CRA Properties on the Model Block B. Consideration of Renewal of Amended Contract with Waypoint Marina C. Consideration of Renewal of Slip Leases at Boynton Harbor Marina D. Consideration of CRA Contribution to Employees' HSA Consistent with City Policy E. Consideration of Responses to the Invitation to Bid for the NE 4th Street Parking Lot and Street Enhancement Project XV. Executive Director's Report: A. New Businesses in CRA District XVI. Future Agenda Items: XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SBE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SBE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. BOYNTON �ZEACHiCRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I I New Business I X I Legal I Information AGENDA ITEM: N A SUBJECT: Memorandum Regarding Rules of Decorum SUMMARY: For your information, please see the attached memorandum prepared at the request of a Board Member regarding applicable rules of decorum during CRA proceedings. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: NIA T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151Legal - Rules of Decorum.docx LEWIS LONGMAN & WALKER I P.A. A T T O R PI E Y S A T L A W Reply To: West Palm Beach MEMORANDUM TO: Tara Duhy FROM: Kadn)m Rossmell DATE: October 5, 2015 SUBJECT: Rules of Decorum Issue• As requested by a Boynton Beach Community Redevelopment Agency Board Member, please find below a summary of the rules of decorum in debate found in Robert's Rules of Order Newlv Revised.', z Answer: Section 43 of Robert's "Rules Governing Debate" contains a subsection on decorum in debate. I've paraphrased and summarized these rules below. Robert's Rules of Order -- Decorum in Debate 1) Confine remarks to the merits of the pending.question. In other words, statements should be related only to whether the pending motion should be adopted. 2) Refrain from attacking a member's motives. This includes refraining from using words like "fraud," "liar," and "lies." Phrases such as "I believe there is strong evidence that the member is mistaken" are acceptable. Henry M. Robert III, et al., Robert's Rules of Order Newly Revised, 391-95 {11th. Edition, Da Capo Press, 2013 (2011). 2 Boynton Beach Community Redevelopment Agency Rules of Governance, § I.B. — Meeting Procedures states; "Board meetings shall be conducted according to procedures enacted by the Board. In the absence of Board -enacted procedures, Board meetings shall be governed by Robert's Rules of Order." 00562892-1 3} Address all remarks through the Chair. Members of the debate should refrain from speaking directly to one another, but should direct all questions to other members through the Chair. 4) Avoid the use of member's names. Whenever possible, it is best to refer to another member through his or her title, or in some other way, such as "the member who Iast spoke." 5) Refrain from speaking adversely on a prior action not pending. The only exception to this rule is if the member intends to end is remarks by requesting a motion to reconsider, rescind, or amend a prior action. 6} Refrain from speaking against one's own motion. A member has no obligation to vote for his or her own motion, but should refrain from speaking against it. If the member changes his mind on the motion while it is pending, he or she can advise the assembly of his or her change in position by withdrawing the motion. 7) Read from reports, quotations, etc. only with permission or when there is no objection. If there is an objection, no member may read, or cause to be read, any paper or book as part of his or her speech. Short, pertinent printed extracts are generally permissible so long as the member does not abuse the privilege to read them. 8) Be seated or back away from the microphone during an interruption by the Chair. If the presiding officer speaks, any member who is speaking should halt his speech until the chair has completed his remarks, at which time he may resume his speech, unless he is denied the right to continue as a disciplinary measure. 9) Refrain from disturbing the assembly. The key here is for members to refrain from any speech or action that has a disruptive effect on the assembly, such as walking around during debate. This rule does not mean that members can never walk across the floor, it simply means that they must not do so in a way that disturbs the proceedings. Conclusion Robert's Rules of Order contains rules for decorum during debate, which have been summarized above. CRA counsel is available for further questions on this matter. MM992-1 BOYNTO =BEACHiCRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only 1X1 Other AGENDA ITEM #: VII. A. SUBJECT: The 4t' Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash SUMMARY: • On Saturday, October 24th, and Sunday, October 25th, The CRA and the City of Boynton Beach will be hosting the 4th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash. • The festival takes place on East Ocean Avenue, between Seacrest Boulevard and Federal Highway on Saturday, from 11:00 A.M. to 9:00 P.M. and on Sunday, from 11:00 A.M. to 7:00 P.M. • Activities and entertainment include: o Pirate re-enactments and encampments, with live canon fire o A pirate stunt show with the Wheel of Steel o Acrobats, jugglers & stilt walkers o Live mermaid shows and a meet and greet o The Mermaid and Mariner Parade o Magic shows o Street performers o Treasure hunts o Costume contests O Mystics o An interactive pirate ship o A rock climbing wall & bounce and slide o The return of the Miss Mermaid Pageant o Fairies & Trolls o Fire Dancing o The Spooktacular Haunted House, presented by the Schoolhouse Children's Museum (admittance fee applies) o Live music acts: The Craic, Grinder Nova, The Bawdy Boys, School of Rock, Slip & The Spinouts, Fire in the Kitchen, Six Foot Swells, The Intoxicators, The Renegades, and Uproot Hootenanny • Last year's event drew approximately 15,000 guests, while this year's attendance is projected to be 30,000 guests. • An FFEA award winning graphic design and marketing plan, will increase community exposure and grow the event each year. • We encourage guests to wear appropriate costumes, and to become an interactive part of the fun, but to please leave pets at home. • Marketing images (Exhibit A) T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2015 - 2018 Board MeetingslOctober 201514th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash.docx BOYNTONt*4 CRA ....BEACH FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS/OPTIONS: a"44L'61 �� Christopher Burdick Special Events Coordinator T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingMOctober 201514th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash.docx I X Nib- yy TH NN 1-� FREE 2 DAY EVENT T4 October 24TH& 25TII Sawrday, II am to 9prn I Sunday, IIwn to 7 p Enjoy 1l stages of live en#ertauwicnt, children's activities, sunt shov6s, Hvc mid & so much niarc! � .4 129 East Ocean Avenur, .$oynrun Beach Wwkl'-l'l. MPiraleFest.w 1561-6W-%97 I lchB?►ynton.com BOY���=REACCRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only JXI Other AGENDA ITEM #: VII. B. SUBJECT: Music on the Rocks SUMMARY: • On Friday, October 16, 2015, the Boynton Beach CRA presents: Music on the Rocks — Happy Hour Friday featuring Making Faces. • This FREE event takes take place at the Ocean Avenue Amphitheatre from 6 P.M. to 9 P.M. • New this year we are partnering with the Food Truck Invasion, which guarantees a rotation of the food trucks each month, and markets the joint event. • Free, on-site, parking is available. • The next Music on the Rocks concert is scheduled for Friday, November 20th, the band is still to be selected. • Marketing images (Exhibit A) FISCAL IMPACT: Budgeted in line item 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS/OPTIONS: Christopher Burdick Special Events Coordinator T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 20151Music on the Rocks.docx 0 Oct 16m . Now 201b Bee loth y �. )all 15m 9P'!R Feb 19t�� IB Erst Oican Avenue, Enymorl Ottacn Mir 18111 r Alt 15th ,. f �I IMaV 20th - 9pm Jun 171ra �'� t Kick Back After A L0n9 DAY of Work! FREIE COMCfRT SERIES 1 011 AN AVENUE AMAHITHEA"I Erijoy Cocktails, Mtslc & the Food Truck Invw0oa 4Fr1 t}1 L' Ird. FF!dav of 4?y'}(h rf}'.i°r9tt? Imle kine a 561-742.6246 C2IChh0V"IDn.cam l fo MOM !WL"�qx B O BE TO CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only 1XI Other AGENDA ITEM #: VII. C. SUBJECT: Movies in the Park SUMMARY: • On Friday, October 2°d, the CRA hosted Movies in the Park at the Ocean Avenue Amphitheatre. • The featured movie was the classic The Goonies (rated PG). • This free event took place from 8 P.M. to 10 P.M. • Guests were encouraged to bring their beach chairs and blankets. • Over 250 guests attended this showing. • A trailer of select CRA district businesses was shown before the film. • Gift cards donated by the selected CRA district businesses, and Pirate Fest souvenirs 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. • This was the first Movies in the Park event for the Season • The next Movies in the Park is scheduled for November b, 2015, featuring Back to the Future, in celebration of it's 30th anniversary. • Marketing images (Exhibit A) FISCAL IMPACT: Budgeted in line item 02-58500480 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RE COMMENDATIONS/OPTIONS : (L-")A*L� Christopher Burdick Special Events Coordinator T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeeUnglFY 2015 - 2016 Board Meetings\October 20151Movies in the Park.docx (Exhibit A) Movies in the Park 1 S'I'EI�E� St'lEL�RG I�c�+N71 TH AM Amok iN1 A RICHARD D01NU Film i "THF GUNNIES *` tii'Et'Irti SPI 1.I3F.RG CHRISCOWNI 3l1S F { DOC GRUSIN n. STEVEN SMELBFRG FRANK MARSHALL KATHLFEN KrNNFfW ';RK.1IARDDONNER—HARVEY BERNHARD RICIIARD I)ONXER T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151Movies in the Park Exhibit A.docx 4 4t MOVIES op 40 1 oin us at the acm Avenue AInntwoma iia xi E!mPY #REE MOV1 S ala [hia est F vkdav of F xh Moni'h 129 tau Cice4n Avitri ue. OuV rftn Beach MOVIES PSR Oct IN arm NOY Gm 7rm Dec 41n No mom lan 151 IpM Feb 5m 7pw NO 41n 7r* Rpr 1!51 arm May Gin arm )off 3m spin low Fire lis"F+ 1ih"pm (Exhibit A) Movies in the Park T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2018 Board Meetings\October 20151Movies in the Park Exhibit A.docx MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD BUDGET MEETING HELD AT INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON THURSDAY, AUGUST 6, 2014, AT 6:00 P.M. PRESENT; Jerry Taylor, Chair Joe Casello, Vice Chair (arrived 6:93 p.m.) Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker 1. Welcome by Board Chair Jerry Taylor Chair Taylor welcomed all to the meeting at 6:10 p.m. 2. Invocation and Pledge to the Flag Vivian Brooks, Executive Director Tara Duhy, Board Counsel Mr. McCray gave the invocation and led the members reciting the Pledge of Allegiance to the Flag. Roll call revealed a quorum was present. 3. Summary — FY 2015-2016 Vivian Brooks, Executive Director, reviewed important dates for adopting the CRA Budget. After the Board reviews the Budget it will be on the September 8'h regular meeting agenda for final changes and approval and then be on the September 15'" City Commission agenda for ratification. 4. FY 2015-2016 Budget Overview Some of the highlights for the 15116 fiscal years were property values increased 11 % from the prior year, which was commensurate with the City's increase of 10.8%. This led to a $1 million increase or a 12% increase in Tax Increment Financing (TIF) revenue. Marina revenues were up $100,000, totaling $1.1 million due to increased fuel sales. Departmental budgets were up 7% due to health care costs and a merit pool of 3%. One position was eliminated from the organizational chart which was the Administrative Assistant position that was vacant for many years and they reclassified a Development Director position to a Development Project Manager which was a downgrade. This was not a funded position. They have nine total positions. Eight positions were funded, down from 10. Operating expenses increased 10%. They have a new dock master building, landscaping and building maintenance, and a new parking lot. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. McCray commented he chose not to meet with Ms. Brooks. Re-employment/payouts were up 35% and they have a 1 % contingency to the total General Fund. Transfers to the project fund increased 31% due to increased property values. This year, new projects included three Strategic Plan initiatives which were the Model Block Plan, the Cottage District and the District Clean program. There was $1.7 million added to ongoing multi-year projects and funds are rolled over each year. Debt service decreased 7% due to bond refunding. This saved $1.8 million in 2015 and a total of $4.4 million for the entire debt service of the CRA. They anticipated a fund balance of between $200,000 to $250,000 for 15116. Compared to last year, assessed property values went down 1 % due to the real estate market leveling off. Ms. Brooks reviewed how Tax Increment Financing revenues come into the CRA. In fiscal year 15116, the City's share was $5.9 million, the County's share was $3.6 million, The City contributes 62% of the CRA funding and the County contributes 38%. 5. Review of General Fund, Project Fund, Debt Service The General Fund budget was $10,419,595. Ms. Brooks reviewed the operating expenses were $3.2 million, debt service was $2.1 million, and transfers to the project fund were $5 million. They use the current City and County millage rate to derive the budget. Ms. Brooks explained if there is a change in millage for the City and County, CRA staff will adjust the budget in September. Operating expenses increased 10%, but revenue increased more than the operating expenses. Operating expenses were $3.2 million; debt service was at $2.1 million. Transfers to the project fund were $5 million. The project fund had $7.6 million and included the Marina management contract which had a 9% increase. The CRA uses Waypointe Marine. Because they added a retail store, they had to add a position to man it, handle the fuel and handle the slips. Direct incentive payments of $1.3 million were included in this fund as were ongoing projects at $2.5 million and new projects totaling nearly $3.7 million. Ms. Brooks reviewed they included a merit pool of 3% for fiscal year 15116. They mirrored what the City offers. Taxes, benefits, retirement, and administrative costs were 10% of general costs which was very low. Ms. Brooks explained there was a rollover of $2.5 million which were encumbered funds for ongoing projects such as the entryway features, Ocean Avenue lighting and others. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 New transfers were $5 million for a total of $7.6 million. The total increase for projects was 21 %. Direct Incentives funds were budgeted for Walmart, Casa Costa, The Preserve and Seabourn Cove. There was $750,000 budgeted for proposed new projects for 15116. The Business Incubator project was budgeted at $1.2 million. The project fund included professional and other expenses, marketing, special events, community meetings, and others, including the Business Incubator Project. Pictures of projects completed, ongoing or funded were viewed. Mr. McCray asked how much was funded for Sara Sims, Ms. Brooks responded last year it was budgeted for $25,000, but it cost $32,000. Mr. McCray asked how much the City funded. Ms. LaVerriere responded the equipment was about $100,000 and she advised she would obtain the figures. Mr. McCray wanted the public to know the CRA should not get credit for the project as most of the funds came from the City. Another outcome of CRA funding was the Marina Open Space project, which was the final piece of the Marina. They have rollover funds of $834,000. Staff proposed to add $740,000 this year to address the roads. Ms. Brooks referred the members to the geo- hydrological engineering reports contained in the meeting back up. The seawall was causing the road to sink. The road holds water and this project segues into the open space project because they are connected. This is an ongoing maintenance project. The last time the seawall was addressed was 14 years ago. Ms. Brooks recommended addressing this now. There is also a health and safety issue due to a gap in the road where people get in and out of their cars. Staff did not know if the road would cave in or when it would occur. The businesses endured the construction of Marina Village and the reconstruction of the rest of the Marina fairly smoothly, but they also did not want to disrupt the businesses twice. It must be done so they could move forward. Mr. Merker thought they should finish the project and commented the cost will increase. He favored increasing a set aside in the next year or two. Ms. Brooks explained they waited to address this item until the County approved the demolition of the building. It made sense to do the project now. If not, they will have to tear up what they just installed. The repairs would be made on the land side, and on the water side. They will have to "pull the water back" and repair the seawall. Ms. Brooks anticipated a new seawall would last 15 to 20 years when there Is a lot of boat traffic and noted that storms and bilge pumping sometimes causes this. The Seamist does this all the time and the silt comes up eroding the road base and seawall foundation. She also explained the lifespan of the road next to the seawall is not that long. Staff recommended addressing this item this year. Mr. Merker and Messrs. McCray and Hay agreed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. Merker proposed a physical cleanup and maintenance of the street was also needed, including a Police cleanup. The area should be protected by having the right protection financed by the CRA for a Police presence, or the area would fail. Mr. McCray clarified this was what the citizens were telling him and Mr. Hay. Property acquisition had $613,000 rolled over. Ms. Brooks proposed to add $385,000 to total nearly $1 million to acquire the rest of the land they need for Sara Sims Park. There are three parcels they have to acquire and maybe another in the Cottage District and Heart of Boynton. This would involve a place for the Community Caring Center relocation. Economic development grants had a $400,000 roll over. These were funds allocated to Family Dollar, and 211 and 480 East Ocean Avenue. Staff was adding $300,000 for a total of $700,000. The Boynton Beach Boulevard design has $108,000. Staff proposed to add $192,000 totaling $300,000 which was the expense they received from Kimley Hom to go through the State and County process for the road, and to begin construction drawings to start the project next year. The CRA only had conceptual drawings which involved traffic analysis. Mayor Taylor questioned the need for construction drawings when they do not know what they want to do there. Ms. Brooks explained this arose from the Town Square project. Chair Taylor commented they have not decided on the Town Square project, and there may be developers coming In. Ms. Brooks explained this was only from Seacrest to Federal Highway, which was the area they determined to be in the most need. The Board will have designs submitted to them with a few different scenarios. When done, Kimley Hom will move forward, if authorized, to make the project happen. Mr. Merker commented they do not have a designated plan and there is a plan to tear down the Old High School. If there is no plan or company indicating the best direction to move in would be to tear it down, it would be foolish to demolish the school. He pointed out the Treasure Coast Regional Planning Council included the Old High School in its plans. He wanted to hear a developer say the Old High School should be demolished. Chair Taylor commented at the last Commission meeting, the meeting backup contained a proposal from a company to demolish the building as the Board requested for less than $200,000. Mr. Merker commented there was also an individual who proposed to keep the Old High School in a plan. Chair Taylor explained the Commission told him not to do that. They had already voted to demolish the high school. Mr. McCray pointed out there were proposals from the Treasure Coast Regional Planning Council that did not include the Old High School. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. Buchanan commented if Boynton Beach Boulevard is improved, a developer would be more interested in Boynton Beach, and this project had nothing to do with anything beyond the sidewalks. The Board should modify and beautify the area and/or add utilities which will encourage developers to build in Boynton Beach. Once they see the City is serious about improvement and beautification, more businesses and developers will come. The Old High School is not in the scope of the project; it is just a streetscape. Chair Taylor commented there is money in the budget to demolish the school. After that, any decision will come back to the Board. Vice Chair Casello noted the streetscape and inquired what would happen with businesses that border the streets, such as check cashing or liquor stores and convenience marts. The project will increase the value of their property which may make it harder for a developer to come in. Mr. Buchanan hoped it would cause a property value increase, but it will also make some people more willing to sell and help with assembling property. There are several contiguous properties on N. Federal Highway, which made it harder to improve. In the heart of the City, it would increase value. Vice Chair Casello inquired if the CRA could start bundling properties on Boynton Beach Boulevard. Ms. Brooks responded they would be looking at that when they have the broker. The north side of Boynton Beach Boulevard will be an issue for a Town Square developer and several developers said something needed to be done. Kelly Smallridge from the Business Development Board commented if they want to go downtown via Boynton Beach Boulevard, it needs to be attractive. If you have more landscaping, greenery and trees it will make it harder to see. Vice Chair Casella thought they should start focusing on some of these businesses. Mr. Merker thought it was an oxymoron but agreed with Vice Chair Casello. It was a timing issue. Mr. Hay pointed out in the many classes he had taken, they all say the same thing. By adding infrastructure and being proactive, developers will take a second look at the City. The Business Development Board said the same thing. Ms. Brooks advised the CRA was constructing a parking lot on City -owned land. There was property from the Florida East Coast Railroad, and it currently has bollards around it so it could not be accessed. They have a design which was moving through the City process. She recommended adding $50,000 for it. Rollover funds for the project were $171,000 totaling $251,000 for the project. The parking lot will help Hurricane Alley and Oyer Insurance. When the Little House is in operation, it would accommodate the East Ocean Cafe and smaller businesses. Mr. Hay commented they will need more space to park. Ms. Brooks explained it was not a requirement to provide parking for E. Ocean Avenue for new development. For the 211 E. Ocean Avenue property, they do not have to provide parking because the parking lot is there so it will be less of a cost for a developer. 5 Meeting minutes Community Redevelopment Agency Board Boynton Beach, Florida August fi, 2015 The 211 renovation grant was rollover funds from this year to next. There was no increase in the Town Square project. This year there was $134,000 in roll-over funds. They paid for the survey for the Town Square site and ancillary costs. She recommended adding $20,000 to it for a total of $154,000. Ms. Brooks reviewed the CRA plan updates. They were consolidating their plans into one to make it easier for the end user. The Consolidated Plan included the Treasure Coast Regional Planning Council contracts, community meetings and mailing costs. Staff was not adding any funds to this line item and was only rolling them over. The funding payments to projects involved direct incentives which were funded at $1,340,000. Direct incentives were funded for Casa Costa, Seaboum Cove, Walmart, Comerstone/The Preserve. Vice Chair Casello noted this was the first year the Preserve would not receive their $100,000 direct incentive. Ms. Brooks explained in June, they submitted a request for funding and it was incomplete. They retumed it and the Preserve did not respond in time so they forfeited the funds. The Model Block project, just west of Seacrest on NW 10th Avenue, was a partnership with the City. The CRA share to be used for property acquisition was $550,000. Mr. McCray pointed out NW 10th Avenue is also known as NW MLK Boulevard. The Heart of Boynton Plan concept was reviewed. The budget estimated with City staff, Utilities and the City Attomey handling eminent domain totaled $1.5 million. The CRA obtained three properties in addition to the properties included in the meeting backup. They will add underground utilities and new streetlights. The Cottage District is also in the Heart of Boynton. The CRA owns the bulk of a block between 0 and 5th. It is platted oddly and has land -locked parcels. They need to survey the entire area and market the property through LoopNet. They could create concepts so developers could see how it would lay out and how many units it could accommodate. The District Clean program was reviewed. The members had previously discussed the Clean and Safe plan. Ms. Brooks budgeted $100,000. If the members did not want to undertake the program, they could have some type of community policing effort. The Statute mandates a CRA could fund a unique program geared to the community. If the Board decided, the CRA could spend $200,000 on a pilot program on MLK. Police would walk the community and be part of its fabric to change the perception of the police and disrupt the demand for narcotics. A police presence may deter drugs. Mr. Merker agreed. Mr. McCray inquired about the budget the Chief provided and leamed it was $675,000 including cars; however, the CRA cannot pay for supplies which a car is considered. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August fi, 2015 Jeff Katz, Police Chief, explained the budget proposal was modeled after a prior relationship the Police had with the CRA. The proposed program is a Neighborhood Officer Program including one sergeant and three officers to work a walking beat to build relationships, learn about citizens and their concerns and gather intelligence. This was something they did in prior years, but the reduced budget in previous years did not allow the program to continue. This led to a lack of trust, and the Department would like to re -build that trust. Mr. McCray recalled the CRA paid for officers to ride bikes in the area and learned it was discontinued because of the budget. He thought if they did it once, they could do it again. Chief Katz commented they could comfortably implement this project for $300,000 to $400,000. Mr. Merker noted the City is divided into areas and questioned if one area was designated more troublesome, why it was not a major Police focus. Chief Katz explained they did not want the area to be an occupied territory. They were working towards an intelligence -led policing model and their mission with their personnel is to have effective, efficient and impartial enforcement of the law. The type of crime in lower socio-economic areas is the type of crime that is more evident and easily seen. It did not mean crime was not occurring elsewhere or it did not need to be addressed, but there is a gap and they want to ensure they fill that gap and be a partnering presence, not an occupying presence. They just added three additional officers to their crime prevention program, and Chief Katz commented the program would have a tremendous capacity for outreach in the north end of the City. Mr. Hay did not see the clean up as solving anything because in a few weeks it was the same as it was before. The mindset of the residents had to change and he referenced a Riviera Beach program that involves community residents. They were local residents hired to change the perception of the citizens and remove litter from the area. Ms. Brooks had proposed that type of program, and had $100,000 for cleaning, but there was no money for the safe portion of the Clean and Safe program unless the members allocated funds. She could forego the cleaning, and the officers could be the ambassadors to encourage residents to stop littering. They could build a rapport with the residents. Ms. Brooks noted the program with the Police Department has to be a unique program. Mr. McCray thought the presence of officers and others to clean up the area was needed. Mr. Buchanan agreed. As to the legal portion, he asked if they would have to fund new positions. Chief Katz responded they would. They could not institute the program without CRA funding because it was personnel intensive. Personnel would be specifically allocated to building relationships, collecting information and being ambassadors in areas of the CRA that need a symbiotic relationship. They need to develop a safe atmosphere. If they let the community know the residents are important to them and the CRA, it will help. a Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. Buchanan inquired if this would involve Code Enforcement and learned Code Compliance was not included in the proposal, but it would be a symbiotic relationship and one will help the other. Professional and other expenses including design, engineering surveys, appraisals, legal, site work, demolition and contingency was $600,000 which was usually all used. The marketing program has been successful and had $142,000, which was flat from last year. Special events were budgeted for $410,000. The budget was increased because they were adding the MLK Hope event, a Children's Earth Day event and the Pirate Fest budget will be doubled. Mr. McCray asked what other events would be funded. Ms. Brooks replied the Holiday Extravaganza, the Tree Lighting and Concert. The CRA also pays the City $25,000 for the Holiday and Boat Parades, plus the Movies in the Park and Music on the Rocks series. Ms. Brooks explained attendance at outdoor events varies weather permitting, but was anywhere from 100 people to hundreds of people. Staff was keeping a record of attendance, and Mr. McCray requested a copy. Ms. Brooks agreed to forward him the information and explained it would be included on every CRA agenda. The special event program for community organizations could be funded if held in the downtown because of the amphitheater. If an event is held off site, they have to bring in all kinds of equipment and a stage. Mr. McCray asked if an event could be done on MLK if they want one and Ms. Brooks replied it was up to the residents. The MLK Hope event was an off spring of the MLK Vigil. The CRA proposed to support the Business Incubator project, which was the Secret Garden for $25,000. Vice Chair Casello agreed Special Events draws people to the downtown and they funded $25,000 to the Community Caring Center. He understood slum and blight was the mission, but questioned if the community would be better served if they increased that number and had less events when people were going hungry. Ms. Brooks explained the CRA cannot fund social missions. They support the Secret Garden because the incubator portion was where the jobs were. There a dollar amount for each employee and business arising from the incubator and those businesses could be located in the CRA. The City funds $50,000 for it from Community Development Block Grant (CDBG) funds each year. The Secret Garden requested $150,000. Vice Chair Casello would be in favor of doubling the $25,000 to $50,000 and have one less event or parade. Mr. Merker asked if they could allocate another $25,000 and Ms. Brooks pointed out if they want to pay for the Old High School and policing, the Board had to prioritize. Mr, Merker preferred to provide funding for the people instead of demolition of the High School. 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2045 Mr. Buchanan explained they cannot fund the Community Caring Center to feed people and expressed Ms. Brooks had to submit the uses for the money otherwise if comingling funds, they would get in trouble. Sherri Johnson, Community Caring Center, clarified they approach the City every year for CDBG funds for the social service side of the project which is spent on salaries for services, not for the incubator. They approach the CRA for incubator funds because the City does not fund it for job creation or economic impact. Currently, the program had a $1 million economic impact on the community. They created 84 jobs. There is a justification for funding because many communities and States provide $25,000 for job creation on their grant applications and up to $250,000 for incubator programs. Ms. Johnson believed the CRA was getting a lot of bang for the buck. She thought if funding could be increased to $50,000, it would be instrumental keeping the incubator program going. They had a start-up business in Flamingo Plaza last year and 16 businesses, including one who was with them for three years. They have had tremendous success. She expected La Petite to be the next business hiring 10 new people this year and they will start a regional food distribution program with Boynton being the first distribution site. She anticipated the company would triple in the first year. The report had all the information. Ms. Johnson noted they are worth $300,000 and Pompano Beach funds $250,000 to $300,000 per year. Mr. Hay did not object to funding $50,000 and asked how many people were in the Incubator at any given time. Ms. Johnson responded they operate 2417. Currently, they have 33 businesses and had as many as 47 businesses. The businesses paid monthly rent. This year, La Petite will pay $25,000. On average, their revenue from incubators is now covering the rent, which is $3,800 per month. The rent does not cover salaries, staffing, equipment repair, utilities. Ms. Johnson wanted to be able to pay for a really good staff and has an exceptional incubator coordinator. She wanted to be able to pay her for her worth. Mr. McCray inquired if she receives grant funds for the incubator anywhere else. Ms. Johnson responded she tries, but there is no economic development money for her unless she moves out of the City Mr. Fitzpatrick did not object to increasing the amount to $50,000 but favored keeping the parade. He thought they should go through their priorities and at the end of the meeting find the funds. Ms. Johnson reviewed the Incubator statistics. Chair Taylor noted there was consensus to raise the amount to $50,000 and let the Executive Director make note so when they approve the budget in September, Ms. Brooks could suggest where to take the funds. Ms. Brooks reviewed the aggregate debt service and advised they will pay off the Bank of America loan the City took out to start the CRA. Debt service remains stable and the E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 net savings from the bond refinancing over the next 10 years saved the public $4.4 million. Ms. Brooks requested further direction for the Community Caring Center and funding for the GRA policing project. She could find $200,000 for the pilot Police project for the first year to see If it achieved the desired goal and there was consensus to do so. Mr. Fitzpatrick inquired how they would measure the success of the Police program. Chief Katz responded when they create a program, they review the input and outputs to measure progress. They did not do that yet because the program was still in the conceptual stages, but he anticipated there would be a qualitative response. He pointed out they would expect to see an increase in reported crime. When building relationships and trust in the community, the incidence of crime being reported increases in a shorter period of time. He clarified this pertained to reporting crime as it may not necessarily be a crime and he anticipated an increase in the clearance rate of crimes solved. Mr. Fitzpatrick had not heard of any survey and asked how often and when the survey will be done. Chief Katz explained they were still developing a program and they will get information to him. A conceptual survey was drawn up, but not yet implemented. They need a valuation process to ensure people were not just logging into the web. They want to ensure when they log in, they can provide information, assign it a case number and tie it to specific personnel and a specific cost. Mr. McCray noted the clean program was $200,000. He asked when they will know what they would receive for the funds and learned it would be brought back by the next month's meeting. Mr. Hay asked if there a correlation between reported crimes and enforcing no trespassing or if it is up the business owner. Chief Katz responded the trespassing agreements were a helpful tool, and noted the people with businesses in areas with frequent loitering and street level crime have a unique relationship with the people who loiter in front of a business. They are patrons and the Police are sensitive to act. Their ability to prevent people from loitering helps as far as crime is concerned. The ability to disburse people could go with the agreement. Without an agreement, the Police would have to rely on emergent occasions. The trespass agreement gives the Police the ability to act on behalf of the owner as the owner. Mr. McCray asked if the Cherry Hill mini -mart signed an agreement and learned they did not. They were working with Ms. Bell to pursue that. Mr. Buchanan asked if there were any Ordinances in the City about public gatherings or parades where a permit is needed. Chief Katz explained with public assemblies, regulations would be difficult to draft and enforce as there are constitutional components. Mr. McCray thought if there were a certain number of people for a special event, they must obtain a permit. iff Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. Hay inquired if the Police had the leverage they needed with the Family Dollar store. Ms. Brooks responded when the Bells wanted to use the CRA parking lot, they were asked to put up a no trespassing sign to use the parking lot for free, but they would not install the sign. Mr. Buchanan asked what would it take to have a small clean aspect to the program and Ms. Brooks did not know. She commented if they want to increase funding another $25,000 to the Community Caring Center and the Police and money for potential Town Square demolition, they would fund the demolition from Professional and Other Expenses if they increased the amount from $154,000 to $200,000. Mr. Buchanan suggested putting the funds on the side and Ms. Brooks play around with the budget. They would not know if they have the $200,000 until after the audit is received in January. Mr. Buchanan suggested putting $50,000 for the clean part of the Clean and Safe program. Ms. Brooks asked if they wanted to increase the demolition amount from $154,000 to $200,000 for the Town Square potential demolition of the Old High School. Mr. Buchanan was neither for or against demolition, but thought it was more the timing of the demolition. He asked if they had developers looking at the property to formulate plans, including demolition or not, or if it would be better to wait and see what the developer proposed. Chair Taylor commented he sat in on all of those meetings and the developers basically say it would be a lot easier for them if they did not have to deal with it. Mr. Merker mentioned he would like to hear it from them. Chair Taylor reiterated he sat in the meetings. Mr. Merker thought it was his interpretation. Mr. Fitzpatrick noted John Markey, handling the development at Renaissance Commons, mentioned at last week's Commission meeting he wants to work with the Old High School. He asked how the Chair could say developers did not want to work with it. Chair Taylor responded he was talking about developers of the Town Square. He pointed out the matter was voted on, done and it passed. Mr. Fitzpatrick pointed out that did not mean they had to allocate the money. Vice Chair Casello requested the City Manager provide her overview of the matter and Mr. Markey's comments two years ago regarding financing the Old High School. Lori LaVerriere, City Manager, explained they had spoken with eight to 10 development interests over the last two years. John Markey was one of them. He is a planner who has worked with the City on the Cortina project, and represents the developer, Blackrock. He expressed a strong interest and would love to do something like that. In all of their meetings they would talk and she asked them to crunch their numbers and never heard back from him. She was surprised he did not reach out on Tuesday to advise he would be coming. Vice Chair Casello requested confirmation that after their meeting, he never contacted her again about the matter. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 6, 2015 Mr. Merker noted the lawsuit and asked how long it was ongoing. Mr. Merker explained Mr. Markey indicated they were in a predicament. Ms. LaVerriere responded he had issues getting the financial backin;, if something changed, they had to let them know. Vice Chair Casello inquired about the meetings with the development interests, if anyone had an idea or showed a desire to back the Old High School. Ms. LaVerHere responded the conversations did not go to that level of detail, or the financing end. Most of them would be interested in demolishing the building from a financial perspective. She clarified she could not say all of them said that, but they had to go back and work their numbers. They had initial "on a dime" meetings with developers trying to make the numbers work, and the City was waiting to hear back. No one has come forward. They have not received an inclination either way. The City's message to them has consistently been you have a clean slate. Let us know if demolition is part of the plan. If they want to save it as part of the plan, the City will entertain it, but they never heard back. Chair Taylor noted the City Commission voted to demolish the building. The CRA's mission is to get rid of blighted buildings and the building is a blighted safety hazard in the community. They voted to have it demolished. The building is in the CRA District, and they have the ability to fund the demolition. if the Board does not want to do that or refuses, they will go back to the City Commission because they had the votes to demolish it and take it from City funds for demolition. It was up to the Board, but it was the right thing to do for the CRA. They should remove blighted conditions in the community. Mr. Fitzpatrick commented the reason the building was in bad shape was because over the years, they refused to do anything about it. He questioned why a developer would want to do anything knowing the Mayor was against it. It was an impossible working condition. Chair Taylor explained there was no money then or now. Mr. Fitzpatrick thought it was his opinion. Chair Taylor explained he saw the money and the budget and Mr. Fitzpatrick was not there. Mr. Fitzpatrick commented he went to a hundred meetings and he remembered. 6. Adjourn There being no further business to come before the Board, Chair Taylor properly adjourned the meeting at 7:45 p.m. Catherine Cherry Minutes Specialist 083095 12 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, SEPTEMBER 8, 2015 AT 6:30 pm IN CITY COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA Present: Jerry Taylor, Chair Joe Caseilo, Vice Chair Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker I. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. !I. Invocation and Pledge to the Flag Vivian Brooks, Executive Director Tara Duhy, Board Counsel Mr. Hay gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call Roll call established a quorum was present. IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as presented. Mr. Hay seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. Hay disclosed he met with the Related Urban Development Group and also spoke with Bradley Miller. Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Mr. Fitzpatrick disclosed a brief discussion with Bradley Miller. Vice Chair Casello spoke with Bradley Miller. He advised during his inspection of the Old High School, there were about 10 or 15 4'x 8' CRA signs. Mr. Merker spoke with Bradley Miller. Mr. McCray spoke with Bradley Miller briefly and with the Related Urban Development Group. Mr. Buchanan met with Bradley Miller who was representing someone on the agenda. Chair Taylor received a short call from Bradley Miller. He thanked the Vice Mayor for covering the City while he attended a short family reunion. B. Informational Announcements VII. Announcements & Awards: A. Recap of Martin Luther King, Jr. Blvd. Clean -Up Project Renee Roberts, Marketing Events and Economic Development Assistant, advised the Clean-up was a great success. There were 50 volunteers including CRA staff, the Police Department, Police Academy students and community members. They picked up all the litter and removed some sidewalk graffiti on MLK Boulevard from Seacrest Boulevard to Federal Highway. Mr. McCray requested the balance for the project fund line item where $909 was spent. Ms. Brooks responded the item was the Community Support line item. She commented Susan Harris, Finance Director, would provide the balance in the account to him. Mr. Fitzpatrick Inquired how many baggies used for drugs were removed during the clean-up. Ms. Roberts advised there were hundreds of them all over the area. The Police Academy students took note of the baggies. Vlll. Consent Agenda: A. Approval of Minutes — CRA Board Meeting August 11, 2015 B. Approval of Period Ended August 31, 2015 Financial Report C. Monthly Purchase Orders Motion Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Mr. Merker moved to approve the Consent Agenda. Mr. McCray seconded the motion that unanimously passed. W. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log There were no comments on this item. B. Marketing and Business Development Campaign There were no comments on this item. C. FRA Annual Conference October 21-23, Tampa Chair Taylor advised if a member wanted to attend the Conference, he should let Ms. Brooks know. D. Congratulatory Letter from Bill Hager, Florida State of Representatives Ms. Brooks advised Florida State Representative Hager sent a letter to the Chair for the Florida Festival events congratulating them on the awards. XI. Public Comments: (Note: comments are limited to 3 -minutes in duration) Plotr Blass, 113 W. Tara Lake Drive, spoke about the beach noting there is pollution in the water. He requested the City analyze the situation and prevent any further deterioration of the beach. He will be traveling to Atlanta and will talk about Sister Cities possibilities. He commented regardless of the disposition of the Old High School, in his heart the building would always be a 24 -story University of Boynton Beach. Chair Taylor commented the City periodically tests the ocean water and would shut down the beach if anything dangerous was found. XII. Public Hearing: None A. Consideration of Resolution No. R15-03 Adopting the CRA Budget for FY 2015-2016 Ms. Brooks advised the following changes were recommended at the budget meeting: IP Increase the Business Incubator project funding from $25,000 to $50,000 3 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 • Add a Community Policing project for $200,000 • Reduce the District Clean program funding from $100,000 to $50,000 • Add $200,000 for funding the Town Square Project including addressing the Old High School. Staff reduced the Development Incentive payments by $100,000 because Cornerstone, the developer of the Preserve, did not supply the required report timely, and staff was not obligated to pay that amount. They reduced the Economic Development grant budget by $50,000 and the Property Acquisition funding by $70,917. Motion Mr. Merker moved to approve the Resolution. Mr. Hay seconded the motion. Mr. McCray Inquired if the budget reductions would have a negative impact on future projects and learned they would not. Ms. Brooks explained the amounts could also increase. She pointed out they would receive funds when closing on the 480 and 211 E. Ocean Avenue properties that can be reallocated to the line items that were reduced. Mr. Fitzpatrick questioned the Board's recommendation for the demolition of the Old High School when there was no vote. Ms. Brooks responded this came out of the budget meeting. It will be funded through the Town Square project line item. The money is there if the architect comes back with a plan the City Commission supports. The funds could be used for asbestos removal. If the report says restoring the Old High School was not feasible, then the funds could be used for demolition. In the past, staff used funds from the line item for surveys, for developers to conduct site planning and appraisals. It was not specific to one item. Mr. Fitzpatrick commented they could motion to specifically not use the funds for the purpose of demolition. Ms. Brooks explained they could set a policy barring using the funds for demolition. Any use of the funds would have to be approved by the Board. Mr. McCray suggested removing the word demolition regarding the Old High School in the Town Square Project Line Item at $200,000, and Ms. Brooks agreed to do so. Mr. Merker wanted the $200,000 for the Community Policing program defined when it is created. Tara Duhy, CRA Board Counsel, explained the motion should be to approve Resolution R15-03, a Resolution of the Boynton Beach CRA adopting a budget for the Fiscal Year October 1, 2015 to September 30, 2016, and providing an effective date subject to ratification by the City. Chair Taylor announced that was the motion and the motion unanimously passed. 4 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 B. Consideration of the Purchase and Development Agreement with Related Urban Development Group (RUDG, LLC) for the Ocean Breeze East Site Ms. Brooks explained the Board selected this group as the developer for the Ocean Breeze East site. They had multiple conversations to have the agreement in final form in time for the meeting. She advised the agreement was reviewed by both parties' legal counsel. The purchase price was $2 million for the site, contingent on Related receiving a 9% tax credit allocation after the first of the year. The design is subject to GRA Board approval and closing will occur within 90 days from the tax credit allocation approval. They will have two additional closing extensions at $15K each in addition to the purchase price. They will submit a site plan by May 3161 and will submit construction drawings within five months of a binding commitment for the tax credits from Florida Housing Finance. They requested a local government contribution minimum of $75K as a low-income loan or grant, but it must be from the municipality and not the CRA. Ms. Brooks would request the City Manager add this item to the next City Commission agenda and then enter into an interlocal agreement for the CRA to reimburse the City. The local government contribution is a tax credit requirement. If they do not get private funding, it will only be good for that application. The $15K is non-refundable and the two extensions were for 30 days each. Motion Mr. McCray moved to approve. Mr. Hay seconded the motion. Jason Goldfarb from Related Urban Development Group, explained the amount was the minimum threshold requirement of each application submitted for the 9% tax credits. The requirement shows a commitment from the local government that they are in support of the project. It is a standard fee. Vice Chair Casello inquired if unsuccessful. for the 9% credits, if they had a Pian B to apply for the 4% tax credit and fill the gaps and learned they did. The motion passed 6-1 (Mr. Merker dissenting.) C. Consideration of the Related Urban Development Group's (RUDG, LLC) Request for Required Local Government Contribution in the Amount of $115,000 for the Ocean Breeze East Site Ms. Brooks explained they have the $115,000 because that was the net present value. They had originally looked at a loan, and staff was now looking at a grant. Ms. Brooks explained they should approve this at $75,000. The motion should be to approve the local govemment contribution to Related Urban Development Group for Ocean Breeze East in the amount of $75,000 to be reimbursable to the City. 5 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Motion Mr. McCray so moved. Mr. Hay seconded the motion that passed 6-1 (Mr. Merker dissenting.) D. Consideration of the Purchase and Development Agreement for 480 East Ocean Avenue with Ocean Avenue Pride, LLC Motion Mr. Merker so moved. Mr. McCray seconded the motion. Vice Chair Casello noted the reverter clause and inquired if both parties had to agree or if one party could stop the process. Ms. Brooks explained if the project is not completed in the time frame, they can request an extension. The clause is if they do not do anything, the property would revert back to the CRA and the developer would have their money refunded. One party can activate the process. Ms. Brooks confirmed the Board has the discretion to approve the extension, but extensions should not be unreasonably withheld. There are delays that can occur with inspections and construction. It was noted the clause pertained to both the 211 and 480 properties. The motion unanimously passed. E. Consideration of the Purchase and Development Agreement for 211 East Ocean Avenue with Local Dev Co., LLC Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Ms. Brooks explained there were some issues with the agreement. The first was the determination of assignability of the contract. The CRA wants to prevent the flipping of the property and staff was aware the purchaser will form a new LLC. The CRA wanted to ensure the new LLC was solely or mostly owned by the person the Board agreed to sell to. Another item the purchaser was asking for, under the Renovation Grant of $200,000, was that the CRA reimburse the developer for architectural expenses. Ms. Brooks pointed out the CRA had never made that an eligible expense under any of their programs because it is a soft expense. The next issue was the length of time for the reverter clause. Ms. Brooks thought it was fine to have a shorter period than what staff proposed, but not as short as the purchaser proposed. C. Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Attorney Tom Carney, 135 SE 51" Avenue, representing Bruce Kaplan commented the issue had to do with the way corporate structures operate. In reference to assignability, Mr. Carney thought at some point when the project is running, they could assign the project to a new buyer without having to obtain consent. Vice Chair Casello inquired if assignability would apply after the project was completed or while it was in progress and learned it pertained to after it was completed. The idea was they could then sell it, but it also pertained to the right of first refusal. Mr. Camey wanted to have the right of first refusal cease at some point, should they want to sell to the existing operator. The contract always had a right of first refusal and Attorney Carney wanted a time frame. Attorney Duhy clarified Attorney Camey was referring to Section 21, Paragraph E, which she read. This provision was not intended and will not be exercised to prevent the purchaser from conveying the property to a third party that would otherwise meet the criteria and obligations in the agreement. The purchaser wants it to expire at some point. Mr. Merker requested confirmation Party A puts it together and Party B runs it for a specific time before sale and learned it had to do with the property being operated in accordance with how the CRA wants it to be run. Attorney Carney wanted to exempt Party B if Party A wanted to convey the property, but at some point eliminate the right of first refusal. Attorney Carney explained he had recommended three years. Chair Taylor understood the right of first refusal to purchase the property was to ensure they maintained a historic house. If the first right of refusal goes away and the property Is sold, the property could be demolished. Ms. Brooks clarified the intent was if the property was sitting dark and not performing as anticipated, the CRA could intervene. The house is designated as historic. They could not demolish it per City Code and it would come before the Board. Attorney Duhy explained the right of first refusal is triggered if the purchaser wants to sell to a third party. Before that could occur, they would have to give notice to the CRA and give them the opportunity to purchase it back. Attorney Carney's proposal was three years for the right of first refusal which Ms. Brooks could support. The second issue is the reverter which would come into play if the property failed to be used in the manner specified in the agreement. Ms. Brooks explained assignability was in the first paragraph of the agreement. The reason was to ensure that who they were dealing with through the process of the project being completed was the same person they were partnering with today. Staff had included in the language they have to be a wholly-owned affiliate assignee. 7 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Attorney Duhy would not recommend including the language in the front of the agreement and commented it would have the same effect if including it in paragraph 14 which deals with assignability. Attorney Camey agreed to common ownership which Mr. Kaplan would be the principal, and it may be a new LLC, but not a subsidiary of a local development company. Attorney Duhy summarized the request was to amend language in paragraph 14 to allow the purchaser to assign the rights and obligations of the contract to another entity that is of common ownership sufficient to ensure that it would be who they were contracting with and using different words. If done, it would not come before the Board; otherwise, any other assignment of the contract would have to come before the Board for approval. Mr. McCray asked why this was not provided prior to the meeting. Ms. Brooks explained the second page of the agenda cover item detailed the unresolved items in the agreement needing policy direction. Attorney Carney spoke about eligible expenses and discussed the costs of some of the architectural and construction drawings were included as hard costs because the contract detailed there were required elements. He offered to split the costs. Ms. Brooks explained staff wanted to prevent someone entitling the property they received at a low price and sell it. They linked the assignability and these costs. She pointed out this could happen under the scenario Attorney Carney presented, but staff thought it was in the best interest of the public to not allow it. Those costs are on the developer. She pointed out the purchaser would do this prior to closing, but the same was true for any development and those costs are paid up front prior to closing. When they have an agreement, Mr. Kaplan is assured he will receive the $200,000 grant specified in the agreement and he could use that $200,000 to offset the hard costs for planning and architecture costs. Ms. Brooks did not support this and did not want to set a precedent. Mr. Kaplan did not think it was significant. He was not concerned about the issue if the Board felt it was not appropriate. As to assignability, Mr. Kaplan clarified his attorneys and insurance carriers want to avoid the term wholly-owned subsidiaries. They have many projects and many investments. They could all be targets in case one of their projects owned by a local development company is sued. This protects the Board and the project. This is done individually, not as a local development company. The local development company will be the 51 % member. To call the entity a wholly-owned subsidiary of a local development company leaves them open to liability if someone is injured in one of their establishments. 91 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Mr. Kaplan explained the person leasing the property or being setup as an owner has no ownership interest until it is sold. When they build the restaurant, they may have an operator in the premises, but Mr. Kaplan would stili maintain ownership of the equipment and everything. The operator will pay rent, fees, or other costs. Mr. Kaplan explained most of their holds exceed three years. if the operator wants to purchase the property from them, they would then become a member of a new entity they would sell it to. When the operator wants to purchase the establishment, the Board could either agree or refuse. Prior to any time of sale, the operator would not have a relationship with the CRA, but would after the sale. Mr. Buchanan inquired if this topic could be resolved in paragraph 14 and agreeable to both parties and Attorney Duhy confirmed it could. Mr. Kaplan had agreed to the CRA terms regarding the soft costs. Vice Chair Casello asked if the commercial grants were matching grants and learned they were. Ms. Brooks clarified the only one that was not a matching grant was the $200,000 that was carried in the budget for the last few years for the project. Attorney Camey explained they had discussed receipt of the $200,000 could be set up as a draw schedule as opposed to a lump sum upon the certificate of occupancy. He requested the Board approve of staff working out the draw schedule and the members had no objections. The hard costs would be about $600,000. Attorney Duhy noted paragraph 19 discussed the reverter clause and Exhibit B was the attachment. The issue was the length of time for the reverter clause would be in effect. It was discussed if the building is not used for nine months, it would revert back. Mr. Buchanan commented the reverter clause protects the CRA in case the property lay fallow. Whoever owns it at that time would be paid fair market value. Because payment would be at fair market value, Mr. Buchanan did not see a down side. Ms. Brooks explained at some point they will have to let the project go to the private sector. The likelihood the CRA would buy back the property when it is finished was very slim. Ms. Brooks suggested a time frame that is fairer to the purchaser and fair to the GRA. After further brief discussion, three years was agreed on by both parties Mr. McCray inquired when they would receive the final copy with the amendments. Attorney Duhy explained it would be part of the motion. The Board could agree to let staff negotiate the terms as discussed and approve the agreement at the meeting next month or the Board could direct staff to negotiate it and allow it to be executed outside of a meeting as long as the agreement contained the terms and policy direction was given. Mr. McCray requested it be brought back to the Board. Mr. Fitzpatrick explained the discussion was in the record and was concerned about the timing for the next season. Chair Taylor agreed as did Messrs. Hay and Buchanan. Ms. Brooks would ensure what was discussed would be incorporated with Attorney Duhy's help and allow Chair Taylor to execute it when completed. Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Attomey Duhy explained the motion would be to approve the purchase and development agreement with the following amendments: Amend the paragraph regarding the right of first refusal to expire three years from the issuance from the Certificate of Occupancy. Allow the assignment of the contract to an entity with a majority common ownership without CRA Board approval. Add a limitation on the length of the reverter clause to expire within three years of the issuance of the Certificate of Occupancy. Motion Mr. Buchanan moved to direct staff to proceed with those changes. Mr. Merker seconded the motion. The non-use reverter clause if the property was fallow for nine months within that three- year period was stili in effect and was agreed on by both parties The motion unanimously passed. XIV. New Business: A. Consideration of Letter of Intent from Housing Trust Group for Properties on the South Side of Martin Luther King, Jr. Blvd. Ms. Brooks explained the Housing Trust Group (HTG) wanted to build a project. Ms. Brooks clarified she presumed they would construct 60 units based on their last presentation. They want to purchase all the property within a certain area next to the Family Dollar Store. The cost of the additional parcels not owned by the CRA was about the same as what the Related Urban Development Group was 'paying for the Ocean Breeze East project although this project was one acre smaller proposed as mixed-use to be complementary to the Family Dollar Store and provide neighborhood business space in the project. Bradley Miller was present representing the Housing Trust Group. Mr. McCray pointed out the CRA purchased the land for $800,000. It was appraised for $500,000. He noted HTG did not want to pay for this land, but was willing to pay $2 million for Ocean Breeze East. Bradley Miller, Miller Land Planning was present with Bryan Finnie, Vice President of Development, HTG. Mr. Miller reviewed an aerial of the property. it was a 1 X5 acre with Family Dollar next to it. This included property outside of what the CRA owns. There were gaps creating a development parcel. HTG went to the three different property owners and negotiated a selling price. They have a verbal agreement with the owners and hoped there would be 10 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2013 direction given at the meeting. The plan only works if the CRA and three property owners agree. Mr. Finnie confirmed discussions and verbal agreements took place, but nothing was on paper. If the project is approved, they would continue their discussions with them. Mr. Merker inquired if they set a timetable. Mr. Finnie explained they want to participate in the next round of tax credit funding for October/November this year and do the project in 6, 12 and 18 -month segments. Chair Taylor explained anything the Board agreed to would be based on them acquiring the four properties. If not, the project dies. Mr. Miller explained they prepared a plan to fit into the neighborhood along MLK Boulevard, taking into account the Master Plan parking and have recommended amenities to go with it. The 2001 Master Plan shows the corner as commercial and multi -family, and the other area shows nearly the same plan they came up with, which was exactly what the Heart of Boynton Master Plan had even with the updates. He gave kudos to the City and the CRA for completing the Carolyn Sims Park, the Model Block plan, the Ocean Breeze East, and Family Dollar because the Plan was coming to fruition. The $2 million for the non -CRA property is to assemble the property into a developable parcel. Per acre, it is slightly over $600,000, or $23,000 per unit. Ocean Breeze East is at $17,000 per unit. For the 3.3 acres to be developed with the 88 units they are considering, it would require all working together. Mr. Miller wanted the Board to consider this and move forward with the property owners, otherwise he feared they will be stuck and the property will remain as it is today. Mr. Buchanan inquired if there was a Plan B and learned if they were unsuccessful with the 9% tax credits, they will pursue the 4% funding. Mr. Finnie explained they had to identify funding from unusual and non-traditional sources. They have the ability to do that. He advised most of the real work is done on the 4% bonds. Mr. Fitzpatrick commented there were two firms applying for the 9% credits, and inquired if it would hurt one of them. If so, they should stick with the Related Urban Development Group and let them have this cycle. Ms. Brooks responded they are competing against other developers in the County. She anticipated there would be 10 to 15 applications. One project would be selected. If there are two applications, the odds of one of the two projects being funded increases. Mr. Fitzpatrick thought if they gave the land away, they would be setting a bad precedent that would hurt the CRA down the road. Mr. Merker disagreed. They were putting up $2 million of their own funds to beautify and better the area. Vice Chair Casello asked, if paying $606,000 for an acre of land, how they would institute Plan B. Mr. Finnie responded many affordable housing programs allow for low cost financing and some funds to be turned into grants. They would determine the 11 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 financial structure, the rates and terms needed to obtain a -return for their investors. Vice Chair Casello inquired if that included coming back to the CRA for funding and Mr. Finnie responded that was not their intent. Mr. Finnie pointed out if they have a $20 million project and they raised $19.5 million, when the project closes, they will generate $100,000 in taxes forever. If they indicate they need $500,000 that can be returned within five years, they could ask, but he reiterated it was not their plan. Mr. Hay was encouraged by the project, particularly because the property has been an eyesore and a challenge to the City, community and the Police Department for decades. Mr. Hay favored pursuing the project noting it could be the springboard to great things. Mr. McCray asked what the next step would be if the property owners refuse to sell. Mr. Finnie understood at some point in time, they would be given the right to develop the site. They cannot close and take title to the property until the parcel is assembled. Until they go through the process, the CRA would have no exposure. Chair Taylor was impressed with HTG. The CRA has spent over $23 million in the HOB and people comment they do not see it and the CRA has not done anything. Other than the Ocean Breeze West and Family Dollar Store which were tangible, the main thing in the HOB was developing MLK Boulevard. If that could be developed, the community Will say that they did something. If the HTG can return to the Board with written sales agreements, Chair Taylor would not have a problem giving the land to bring the project to fruition or have a problem spending another $500,000 to make the project. He agreed with Mr. Hay. Mr. McCray explained the HOB is partly in District III, and wanted to know how much was spent in District II. Ms. Brooks explained the $23 million was spent in the HOB per the HOB Plan and it did not overlap into District 3. Mr. McCray requested a copy. Motion Mr. Hay moved to give the green light for the letter of intent for HTG for the properties on the south side of MLK Boulevard, and to come back with a proposal to present to the Board. Mr. Merker seconded the motion. Attorney Duhy suggested the date to bring the agreement back to the Board be included in the motion. Mr. Hay agreed it would have to be brought before the Board by the next month's meeting. Mr. Fitzpatrick commented if voting for this, the CRA was throwing money away without getting a good return. He thought they needed some standards, and his would be to receive 70% of appraised value. He thought the CRA was rewarding bad behavior and was setting an expectation for all landowners the CRA will pay more and more for less and less. He thought the CRA should take a stand. 12 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Chair Taylor explained the goal of the CRA was not to make money. It was to invest in downtrodden areas to improve taxable values. The CRA buys property to eliminate undesirable. areas and make them desirable. Mr. Merker thought it was the smartest thing the CRA could do. if MLK Boulevard was developed, they broaden the horizons for the rest of the City. If they develop it properly the rest will follow. The whole City should be developed. Vice Chair Casello inquired if they anticipated having the parcels under ownership in time for the application deadline and Mr. Finnie did. Mr. Buchanan commented they must look at the true value of the property. Unless someone puts money in, it is just land they cannot do anything with. He would rather see the HTG move forward with it. HTG is willing and has the plans to move forward. Currently, the property, functionally was zero. Mr. Hay always supported improving Boynton Beach and one day hopes to ride all over the City and not be able to identify any blighted areas, which currently had obvious areas. Now they have the right people at the table and this was an opportunity to move the City forward. Mr. McCray wished HTG well. The motion passed 6-1, (Mr. Fitzpatrick dissenting.) B. Consideration of Transferring Two CRA Properties to the City for the Model Block Project -1204 NW 1St Street and a Portion of 133 W. MLK Blvd. Motion Mr. Merker moved to approve. Mr. Hay seconded the motion that passed 6-1 (Mr. Fitzpatrick dissenting.) C. Consideration of Responses to the Invitation to Bid for Boynton Harbor Marina, Marina Open Space Project: Demolition Phase Motion Mr. Hay moved to approve. Mr. Merker seconded the motion. Vice Chair Casello noted the CRA had previously voted to demolish the old dive shop building and he tried to restore it. He asked if they explored any possibility of developing the building. Ms. Brooks responded they did not because when the engineers studied the building, the cost to improve it exceeded what it would cost construct a new one. The building was too small. Additionally, it was not a historic building. 13 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Mike Simon, Assistant CRA Director, clarified they had a tenant there and the CRA terminated the occupancy to move forward with the project. The tenant was a commercial tenant. Vice Chair Casella felt Two Georges and Marina Village dictates what occurs at the Boynton Beach Marina. He receives emails saying it creates noise and it obstructs the sight lines to the Harbor. He pointed out the building was there before Marina Village was constructed. The building could be a multi-purpose building, and he felt Ms. Brooks never explored the possibility of bringing businesses to the Marina. Ms. Brooks explained this was part of a Master Plan that was adopted and was a sub plan in the Downtown Master Plan. This was always in the Plan and it never changed. There is a Palm Beach County easement on the property and if they sold that property or changed its use from a public use to a private use, they would have a say. They had to work within those guidelines. It was not the CRA's desire to demolish a building and plant palms; it was to increase the desirability of the area to make it a destination for visitors and residents. There is a lot of vacant commercial space, and each year the CRA encourages many businesses to come to the district. Staff was just implementing the Plan. Chair Taylor agreed. The Board discussed putting a business there and voted against it 6-1. Vice Chair Casello had wanted to keep the building. The Board needed to move forward and discuss the invitation to bid for the demolition phase. Mr. Fitzpatrick commented RFPs are issued when the Board approves them. If there is a subject the Director does not bring up, then members should raise the issue. The business that moved out moved 50 feet to a newer store. Motion Mr. Buchanan moved to enter into negotiations with the low bidder that staff recommended and allow the Chair to execute a contract consistent with the proposal received without bringing it back before the Board. Mr. Merker seconded the motion that passed 6-1, (Vice Chair Casello dissenting.) D. Consideration of Bus Shelter and Bus Bench Design within the CRA District Ms. Brooks explained the City has an agreement with Paul Smith Company to build, install and maintain bus shelters and benches throughout the City in exchange for putting advertisements on those structures. The City receives $14,500 per year in revenue from these advertisements. As developers come in, if there is a bus stop or shelter in front of the property, the CRA asks they create a new one architecturally compatible with the project. These do not have advertising. Ms. Brooks explained when reviewing coastal communities to the north and south of Boynton Beach, they do not have advertisements on their bus shelters and benches. It 14 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 was a policy decision they made and they passed ordinances barring off-site advertising to make the area more attractive. She referenced the area north of Federal Highway in Hypoluxo, the east side is attractive. Lantana, Lake Worth, Delray Beach and Boca Raton all have this policy. These are typically redevelopment areas they want to enhance. Staff sought direction to continue to work with developers to have bus shelters and benches architecturally compatible with their project. Mr. McCray agreed as long as they were compatible and had trash cans. Discussion followed the shelters without advertising had continuity. Mr. Hay agreed, but inquired if there were any rules about signs because some shelters had signs in the background. Ms. Brooks responded people are not supposed to be putting signs there because they are not permitted. Mr. Hay has seen them and thought the City should step up Code Enforcement. Vice Chair Casello noted the. bus shelters on Gateway have advertising. Ms. Brooks pointed out this pertains to areas within the CRA District. Vice Chair Casello did not find the shelters offensive. Ms. Brooks repeated CRA staff asks the developer to pay for the shelters through the site plan approval process. There are very few bus shelters on U.S. 1 in the CRA District. The route is frequently used by Palm Tran and there would be more transit forthcoming. Other cites require a bus shelter to protect passengers from the sun and rain. Vice Chair Casello inquired if they could dictate what type of bus stop they want with the advertising and use the revenue to keep bus stops clean and attractive. Mr. Buchanan thought advertising on bus stops looked cheap, low class and third worldish. The revenue for the shelters was miniscule. The stops by City Hall are atrocious. He commented INCA fought this for years. The City would not be a first- class City if they continue to have those bus stops with advertising. He could see the difference in the north and south and thought it should be cleaned up. Chair Taylor commented the City has a contract. The Paul Smith Company builds the bus stops for the City. If damaged by a car or storm, the Company rebuilds it. The advertising helps to do this. Mr. Fitzpatrick inquired how the contract could be in place since 1997 with no sunset date. Tim Howard, Finance Director, explained it was a long-term agreement, but was unsure of its expiration. He believed the City would have to give a 90 or 120 day written notice to terminate. Mr. Fitzpatrick noted Chair Taylor had put in an exception for the CRA. 15 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Motion Mr. Merker moved to adopt no advertising on bus shelters in the CRA area. Mr. Hay seconded the motion that passed 6-1, (Vice Chair Casello dissenting.) E. Consideration of Renewal of CRA Executive Director's Employment Agreement Motion Mr. Merker moved to accept the contract. Ms. Brooks explained it was the same contract as last year except the dates were changed. Attomey Duhy explained she did some technical cleanup, but did not change the terms of the agreement. Mr. Fitzpatrick seconded the motion. Vice Chair Casello inquired if the contract included a 3% increase and learned it did not. Attomey Duhy explained the salary was the same salary as last year, but there was a provision for an increase in the contract. Motion Mr. Buchanan amended the motion to include a 3% increase. Mr. Merker seconded the motion. Vice Chair Casello explained they were giving someone thousands of dollars for a raise that did not meet expectations. He thought department heads and executive directors should be held to a higher standard. This would be a 3% raise each year when there were hiccups in the process this past year. He voted not to keep the Executive Director. He advised when things are not going well for a team, you do not fire the whole team; you look at the manager and Ms. Brooks is the manager. Her rating of 3.8 did not warrant the raise and it should not be automatic. Mr. Buchanan thought the rating was skewed by two members, and Vice Chair Casello disagreed. Mr. McCray explained he rated her based on how he felt. He was not satisfied she was getting a raise and he was not satisfied with her. Mr. Fitzpatrick commented it is difficult to be a Director. It is a positon with many variables. He rated her above four. Mr. Hay restated the problem was not with Ms. Brooks, or the City Manager or the staff. The problem lies with the leadership. He wished there was an evaluation form for each CRA Board Member. If reversed, many of the CRA members may not be on Board. He also favored a 3% increase. 16 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Mr. McCray advised he listens to the residents in District 11 and that was how he evaluated her. He felt District II was not getting the bang for the buck. Vice Chair Casello commented he is evaluated every election. He had to be accountable because being appointed and elected is two different things. Chair Taylor commented the Board had previously discussed the evaluation; this was just to renew her contract with a 3% increase. The motion passed 5-2 (Vice Chair Casello and Mr. McCray dissenting.) F. Consideration of Economic Development Grant Revisions for FY2015-2016 a. Commercial Rent Reimbursement b. Commercial Interior Build -Out c. Commercial Fagade d. Commercial Construction Permit Incentive Chair Taylor read each grant. Ms. Brooks explained they made a few changes. One was to add a credit score of at least 601 to ascertain the financial stability of the business or business owner. Staff wanted to establish a threshold to avoid any arguments. Staff also added medical research centers/housing to the list of ineligible grant activities. These are rehabilitation centers, drug detox centers and staff was receiving many inquiries about them. Hair and nail salons were struggling and there is an overabundance of florists and fitness centers. Staff did not want to artificially encourage them with funding when the market was saturated with those uses. The amounts were not changed. Mr. McCray inquired who argued with her about credit and learned one business owner argued her credit score was good enough. She pointed out 601 was a mediocre score so staff wanted to have an actual policy. Chair Taylor inquired about the interior build -outs with rehab centers and asked if they were office rehabilitation centers and not sober homes. Ms. Brooks explained they were receiving a lot of demand for assistance with sober homes so they were listed as ineligible. Mr. Merker inquired if the sober homes could bring suit against them. Attorney Duhy clarified this action was consistent with the CRA's mission. It was a grant program and the Board could set criteria that is consistent with the CRA's development and adopted plans. Ms. Brooks explained sober homes were in-house medical treatment centers. Chair Taylor thought it was too broad. Mr. Fitzpatrick noted page 667 lists the unpermitted uses which included drug and alcohol rehabilitation centers/housing. Mr. Simon explained there was pretty clear language and since they are matching grants, the City would have to issue a Business Tax Receipt which further defines the business. Mr. Fitzpatrick pointed out the Board is not obligated to approve anyone if they are not on the list. Attorney Duhy agreed. Any use inconsistent with the redevelopment plan could be denied. 17 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2018 Mr. Merker so moved. Mr. Simon clarified the members had previously discussed a Commercial Fagade applicant that some Board members requested participate in the No Trespass program as a criteria for grant approval It did not pass, but staff was asked to bring back the possibility of adding it to grants. They have partnered with the Police Department for their own properties and others. Currently enforcement by the Police Department, under those agreements, was inconsistent. Staff was concerned if they place that type of a burden on the applicant, while the intent of the Board was admirable, the process for those trespass agreements does not guarantee the end result. It was not as efficient as the Board wanted it to be and it would be cumbersome with the tenant, landowner and the Police. He agreed it could be an opportunity to have dialogue with the applicants with properties that have extreme Code Enforcement and Police issues. Ms. Brooks agreed to speak to the Assistant Chief to find a more effective process to determine what existing signs are valid. Mr. Hay agreed the Bell property had signs on the building, but they needed a written trespass agreement. The signs are already there, but not being enforced. Mr. Buchanan commented they could still require the provision as part of the grant criteria. Regardless of whether the agreements could be enforced, he thought the mechanism should be in place. Mr. Fitzpatrick spoke with the City Manager and the agreements run out after one year. In any given month, some would run out, but no one was keeping track. They could time it with the Business Tax Receipt and include it as part of the process. He understood staff was indicating they should not put the criteria in the fagade grant, and handle it on a case-by-case basis as the applications arise. Attorney Duhy agreed and suggested including language to that effect. Vice Chair Casello inquired if someone could come back and claim discrimination. Ms. Brooks explained it could be tied to Police activity. It would be easy to obtain the statistics on the address and if there are significant amounts of police activity on the site, the Board could consider whether or not to fund them at all. Mr. Simon clarified it would be specific to the applicant who owns a specific property. Mr. Buchanan commented the Board does not have to give anyone a dime or give a reason. Attorney Duhy concurred that as long as it was consistent in the guidelines for issuing the grant, and those criteria and conditions placed on any individual grant are consistent with the mission and adopted plans of the CRA, the Board could make their decisions on those factors. Mr. McCray noted on MLK Boulevard, the CRA is one of the biggest derelict property owners, and they should step up to the plate. He thought they should lead by example. 18 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 Chair Taylor noted there was consensus for items a, b and d. They have to decide on the trespass. After staff meets with the Assistant Chief on how to improve the program, it could be brought back at another date and added as a condition of approval. Mr. Buchanan favored including the requirement now and letting the administrative procedures work out how it is to be enforced. The Board was not enforcing the rules; they set them. Mr. Fitzpatrick preferred to go with the staff recommendation and believed it would not be easy to fix. After polling the members, there was agreement to leave it out. Attorney Duhy recommending approving the economic development grant revisions for the Commercial Rent Reimbursement Grant, the Commercial Interior Build -out grant, the Commercial Fagade grant, and the Commercial Construction Permit Incentives as recommended by staff. Motion Mr. Hay so moved. Mr. Merker seconded the motion that passed, 6-1, (Mr. McCray dissenting.) G. Consideration of Letter of Intent to Lease between the CRA and DJV Development for 404 E. Martin Luther King, Jr. Blvd. Ms. Brooks explained staff was planning ahead for the Innovative Policing Program, and she and the Chief had discussed having a police presence on MLK Boulevard. This is an 800 square foot property. The building was already improved and had an office with a restroom. If the Board approves, they would place a large Boynton Beach Police Department sign there. She hoped it would cut back on the loitering. This action would lead to community -oriented policing by having a more visible and frequent police presence on the Boulevard. Mr. McCray disagreed and pointed out there is trash on CRA property. Mr. Hay was concerned and noted there was a church next door. Ms. Brooks responded the last time she spoke with the Church, Pastor Lyons called her to buy the church. She did not know if they were still in operation. Mr. McCray advised some years ago, the CRA owned a property that had a restaurant and they made it a sub -station. The building was since tom down. Vice Chair Casello inquired if they should purchase the building. Ms. Brooks explained there are very few commercial buildings on MLK Boulevard. He asked if they had the option to buy. Ms. Brooks explained the property was a large parcel and they were only leasing one piece of it. The owner purchased everything from the Doris Jefferson Estate (DJV). They want a lot of money. The CRA did not know how the trial program would fare, but there will be benchmarks for positive change. Under the agreement, 19 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida September 8, 2015 they will have to provide reports. They want to ensure everyone is on the same page for the CRA's plans for the corridor. Mr. Merker thought having a police presence in any area where something happens sends a positive message and it was an excellent idea. Paul Snitkln, Anderson & Carr, CRA Broker, explained they had negotiated a larger space, but got the owner to lease smaller space at a lower rate and clear out the restaurant equipment. Mr. McCray asked what the rent was and learned it was $800 a month plus sales tax for a three-year lease with an option to renew for another three years. The original space on the east side of the building rents for about $1,500. The smaller unit has a unified meter for water and sewer, and he negotiated free water and sewer for the unit. Chair Tayior inquired what happened if the program did not work and if they had to pay for another two years unless they negotiated an exit clause. The CRA could sublease the property. The rate was contingent on the length of time. If they get the project on MLK, there will be mixed and commercial uses and they could relocate there if they want to continue. Mr. Merker thought it was a business decision to make it a safer area. Mr. Snitkin had tried to negotiate a five-year lease at a better rate. If they negotiated year-to-year, they may have to leave in a year regardless of whether the program works or not. Having the ability to sublease provided options. The original quote was $1,500 a month. Mr. Snitkin did not ask for a year-to-year rate. Mr. Fitzpatrick explained the CRA gave away $520,000 on MLK Boulevard. He commented what was the difference with another $19,000. Vice Chair Casello inquired where the funds were coming from and learned they would come from the property acquisition budget. Motion Mr. Merker moved to accept renting the facility. Mr. Hay seconded the motion. Mr. McCray did not think Mr. Snitkin brought all the options to the table. Attorney Duhy advised the lease will be brought to the Board for approval at the October meeting. The motion unanimously passed. Mr. McCray requested when negotiating items, Mr. Snitkin bring back more than one option. 20 Meeting Minutes Community Redevelopment Advisory Board Boynton Beach, Florida XV. Executive Director's Report: A. Developer E -Mails for Potential Redevelopment Sites ember 8, 2015 These were for information only. The emails were sites she was recommending to various developers to consider for future redevelopment. Mr. McCray commented he did not receive them. Ms. Brooks responded they were in the meeting backup. Mr. McCray noted they were emails and asked if they were sent to his home. Chair Taylor explained the correspondence was from the CRA to developers. He asked if they could get a tag line to keep him in the loop before the meeting. He requested emalls be sent to him. XVI. Future Agenda Items: XVII. Adjournment There being no further business to discuss, Chair Taylor properly adjourned the meeting at 9:07 p.m. &thUXLOJt/L'1Q1 Catherine Cherry Minutes Specialist 091415 21 A f.W BOYONCp /� =-w-Aft-IBE)CHi ivy CRA BOARD MEETING OF: October 13, 2U15 X I Consent Agenda I I Old Business I j New Business I I Legal I I Information Only Other AGENDA ITEM #: VIII C SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending September 30, 2015 FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS/OPTIONS: Approve monthly financial report. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 20151FINANCE - Financial Report.docx I m [7 E $ I I OINOO I r I mu]IDmLr) r um4-10w14w00 fA � inH-I W u1OO M + Nmm OS 1DOmNNOs-1mM00 10 O N�OO �N 1•1r ri GAO d�N .i .i O h aOOO I� dp Q rl Q M .-I N O .i .-I rr H IIII4 I L] O WIAa Iq v m oE-om Ln I[]m o Nm oo W �7 omQ Q h I I MrQo1f1 m/D or oM O000 h II Pi W �1 mr O N QQOI lO m.i .-IMMON 10MOO m tD dl Q P'M 1 m I• IL1 p1 1f1 m O 4O O1 f�') l0 O N CI h r mN 1+11[i 1 I, I rhQ 1 lL NNQQO L'i 1 0 Lli?py}i r-LOWm n 1 0hM0W0 W N H 0 m wr- M rl l0 O! ai .-1 N o .-I ue rf ri N W H N 14 I 0000 011 fA00000r o,-rOooaoo r� II II PG 0000 0 Lo Lo0o*iOr0 1 oo o 00 O or In 1n Or Q i O N 11] M m p1 E II 14 .K M a M fA a �I O ri in to In I� W WLn MOhmM,-1OmmN00 rl A W EI o m Q V r N N u) G7 ILi rl n o h o 10 d' of o o m A 1 W ti mnom N C mUn omoMaC; Cr o ra �orlaM m MMMAWOOMN Mraow. m Q II 0NmQNmmw "r7 .-1 F rkn%om r N rCi Q Mt0HQ H ommNoW oM Q1rMOsn m O1 N H ri 11 N H N M m 10 I >H mH az NM m I1 H H I U d O t] N) O 11I O O 0 r OOOO OIII m %�a ONON Q !C9 OVmNOOm-90O M W a 9+ H Oho VW � N0WWOMQ Of W OW MM 00 hQnrr NNa MM MOi IA 0% IIII m d7 G N b drl�N1�1 hQOf dt 0f Mh M I1 M W r h I NrM fT nNm min 1D II !� W .-1 N m 111 M rl H m INI R N O � RI W 0000 O IIO1D fn000000 Ofn O,1MO O 0 000 0 m WV 0oroowcnfM �oufm o W C[WWp77 Od o �I a fofooicvniNoa uiM.-iniria o 00 0 NNmo1D.-1n oufN,-1o1�Dol[1 0 a a 14 H0 Nr�HNri 'w O r! NMm ri m rl m rl N V C IIRII it 0000 00 0 owwoo 00000mo.-IMoo II F o 0 O o o If1 a o O h O o w O w h 1D w m mrMlrno.ar000rmIDIli a O o H S,9 00 O v w wmc4 MNov LnM gMriQ o co 0 N N m O ID 14 r 0 Ln N r1 O 10 O 111 O Nri 11 N rivo N N Mm W OD Dl I 14 NM OI zO to x W N U E � E �+ AWi 0 V Mpzp�� ?+ b U 8Q E of m O IA EEp++ IE-1 8Q H U1 E[H.1RIO H .mi O A4 I E H C9 0 W V W ~y cV u p7 W m X77 q� PG H HCS 07 H m ''y F7 �RM M N C7 I 7a N H H�v P O i' PO4' H H O Phi p� z �W i . I M W d1 o W W F7 W -I W W RI U U H F ^ W O E I m r I I I I Cz4 mOY h 0HON 00 00 [y F H 1 m m9a 9 U 00 00 00 rZI N N cn0Ln 0 t 00 00 dFl OO WmOO.i mm 0101 q 9 mhlnh m 1!dl ddl P4 mm Ill mmrnr 00 to t� Wka wo0Lnm va 1�Im CD m l I+'1 h m N f+1 Ir1 N In U .hr -1 1 fCD nur40 �c`° co 00 Z N N rl ri �i�ii77p�4441 00 00000 00 00 G go 00000 O O 00 � I WW1 O O O O O O p O p C O O EI U OO l0 In O 011 Ln Ln OOf 09 Coh1n hm v-! a a W w mmN(qIOD 0%h OO wIo H [3 lP to t0 o o In m V dl M M Ln la m m '1 'I h m N {rl RI In In O CI C,rhf -1s-1 wanes mlo mco W N rn m H o ri H F UUU o NI 00 000 In 1n op 00 x W a�7 O p 999 h N 99 N N 00 moo oh oo -9 -0 O Of 0 01 01 PPP111 WWFE � LnLn�IP1 E r0I Nh y1 M � a ... O� O 00 00 0 000000 0 00 O O 00 a H� 0 0 0 0 0 Q00 0 0 0 �1 a 00 0 0 0 00 00000 0 0 cc z E o o O o C H[�9 00 O O 0 L7 W O O O O O l .1 r" rn O �i m m r I k7 a 0 a m 0 U aim U U UUg O ,,�j EOW H N �Vjl m rI I"1 QraU U 'Z H O❑ C �+ z +z� IIWz�� fn H O h a Ly C7 � Rd C M W H GII � pgHpg�� IC��1 pg�p� Z � � � zH Wam Wy GpO 0'1 CS Z 0 ~ FF. F. b H7 O O 1mI LO E O} N '��7y HO Eri rl ri I W ri ��EI iV NNNH H tOIG-II co51 rn C7 W v O d a O ppp��� Fi o7 V� O py �lW a O P N I I H 1 1 1 1 H I H I EE++ U E r•I HO 0000 Wm Rp mO p p N W H U x O E h N m aai E O H co 01 LO 14 %D C� 0 al Oi C4 11 C11 CV 0 N 0 Ln OD 1; N 0 Ln OD N H "I'n C, mi" en I 1� Ui cn RP C%I cr) N C11 00 0 1 04 Ch CM OD (A r - C, -! W! 19 1� 0 04 ri (n Ln 0 OD OD ID cm 1-1 (11 ai A -o Ln m cc) OD cc Is; 0� LO 0 0 o in 000 C� 9 9 "! 999 0 0 C> Ln 000 pq C, z pq Ln A CC M (n m -I cn N CO M OD im r -I Ii Im 04 m m v OD Lf) - H 0', VI G� -:� v -0 m OD N to N N C,4 E, (n o to o c% Ln 0 -0 9 If! C! 9 -! 9 r! 94 pq C. 0 0 Ok 0 0 C%I N to m -0 co H Cft ai 0 0 Ln 0 LA 000 co m C4 00000 000 o a Ln o Ln 000 r- %D C13 m H C%I H E -I P4 H M co p La m to (a pq -a V I- m 0 H I Pi E-1 H co F4 ra 9pq 0 o pq D w Ln t- 0 00 P, 0 04 cq C%I N CY 'i v m cn U) I I r in o o o .1 N I s 91-1 �q H 14 000. w �i 00 I m w I A I i E, g r -I 11 &1 C%I I H in in Ln Ln 0 Ln Ln 0 r q 00 0 all 00 co 01 LO 14 %D C� 0 al Oi C4 11 C11 CV 0 N 0 Ln OD 1; N 0 Ln OD N H 9 r M 0 In .1 0 1 N ui N rn $1 H 1 rl O IH -1 E H W mo O m H r o In V r In N r N M MIH In W Cw H O N ro N O a In 0 010 Ooo 000 I- N OI v rl In MCEmcmNin awalro 14 0 mW(3 .41; Cl Irl 4 N V)In m v ri O ri N10 W O m O 0"1 w In m In w a a o w Wraorl rice mm 00000 00000 In O o O In r r W ico M 0 0% w w 110 In 1-1m In 0, 10 %D rm 0m ri Q Ln m.1 ILn r o 0 ON m 0 0 0 m wlnoo.i r m w r m r1 r1 o Ill o olid N m In O In mNrN In m Irl m m 11 ONOOIo N CO In O In "'N In a In mim 11 W b pa d W W U � q>IO�H pq pq H W mUp�7W� La 14 pa N w r a U N N N N L] NNNN I I I I W 00000 ra mm mm,.j. mNNNN �C H r1 ri ri E In Lo In In O C1 I I I I H ei r1 .i 1i 0000 r w 01 w m r1 + -I In In ri In V In W In In W In C� r r W N Ifl In fiT N In (•l .0 W a u1 1n mw'W In ON Illln r♦ O N 1-1 In rl r1 11 Of V Vr r N r 00 min�W�w wmrNaa r4 r-1 000000 0 0 0 0 0 0 0 0 0 O O O 000000 O O In r m 11 r Vw N Ill O an N In W W IM r W In W W co N Out In r r I- OI O1 1p w V0 m 11 Ln .4 W m W OD ri Nm w m W O r1 ri ri e r N In (A r- 0011 00 W �falLn 001 00 m 0r1N00a 00 (n r1 m .1 Ill r ri N rl rI r' r1 O O O Ill O N O O w OOOOOOm OO in Irl In Ct 10In O O O r N N rl W N N % N N o 0 o Ill O In cc O O W O O�W OO In In In Ol .. O O 1 N Nrl co NN wW m H E m m H Ol H aH � aLa m a Hp U U V� 0HHw►107aG W 0 U) HH ORk()aipgaa O In O In O �I rl rl -wInw {lI mM(nmm 1 I 1 I I m 00000 mmmmmen N N NN N a 1i " rl H H F� In In In In In (1p11 ri rl o .7 O O o O o O O W E-4 W rAO U E H to I'+ W IO O v wm N ri H IE -4 rl O E N N R O H M rn m t' I 0 P P4 2 no H N 9 m H I I I I In A co r- InI"* n Hh nNr N O M M M h q HagNgm ON 0010 WIN Om OOmrim m1"1110m10111 ND NO1 rl rlh g N H N h q N rl 000000 0 0 0 0 0 99 0 00000010 O N O O l O q N olno0,-Imin m n H m H m M rl V�M1DNNrl O M m 0 0 0l m O O N O O 0 N O M N 0 0 0 rl in O w .i N M 0000000 0 0 m N O O h NOHmmOID rl m M O H 0 0 0 0 0 0 0 0 0 m N 0 0 h NO rim w cl% ri Ln m a N W m � NIaoE7r]V a w �Na 7. 0 H m W h O1 U O O N N N N `N N N tV N N O N m mLn m m bdNNNNNN MM1nMMM .-I rl r1 rl H H mmmmmm 1 1 1 1 14 14 0000 1 1 E H H 000000 I I NOM0010 Ln o 6 o o M oln.iaO - M M O O N 1nHn100IM m O H O OP N M H O 0 m 1[1 hNOO 1D h N h M v H 0000010 0 0 0 0 010 000000 h rlO'O0t- 0 0 H 0 0 N h M 1-1 O O Irl M m N H h O H O1 === Ey O-0000" 01+1000 M O NOO 0 1 N O O ri H O 000 OIO O m 0 0 0 m Ln h H h M M N H If1 m F 6m EtoW U � mH E aMI O IAOHI o o mom .i a !n 1D m a n1 M cn A m � minmmm M N N N N N �7 W MMMMM E, vi H r1 wt rl E aA m 1(11 In m in p� 0 . 0 0 0 O O O O p V1 E- H H W� u W A Ln Ln m i m N M H Y N m 1D N 1D M H LO a M m m H In q M a m H W 0 E } � } k S \ \ § m.� f§ . § q � � §§ §� 2§ §] QQ 00§ 00 22 � § /� H OD OD 1Lf)-0� OD OD � k� § SS §§ ■■ � �k §§� ' kk §§ k§ § §§ � kk §" § Mal ED §§ SS 2 �& c �§ ° u � � _ 2 m � n§ §�§ N j � § k §§ } � } k S \ \ § 9 Ln w O O ui m O w 0 .-4 a% 0 0 0 N w N N U EE7 mrnMLO O 04 N m 44D q rro]n r o o W N 0r, O o O Co Ill ]A m N w wa o x 0 0 0 0 a000 Ill Oto, H 111444]]] oo o a m ( Oc i N OE E m r w W v� woo N N O III r O1 V O W o m N O F m w Ill N O m o m N N O tN E of m]oa E �-I " .I 'I +n N a a E+ 0000 O 0 0 0 W F O O O O q r o is N T. L1 V4 O .1 w .-+ ri N � 0 o 0 o 0 0 0 0 E 0 0 0 0 c70 -00Ako H rl rl N WP4 W W pa�EW W C7 V [Uy H BICC yy W pHU H 7a E G dd U W 03O W U U U rl v U N N N x W Pd 8000 WNNN �l U' 7 UP UP E 1�7U�doo � pOH �sa7 Ln w O O ui m O w 0 .-4 a% 0 0 0 N w N N A E H N O N O m d xr� m P4 H � °mho W W� P4 9 E O m H an ILn .a M 11 to to r1 .i It a 11.1 00 O O 00 e1 e1 mM m M a d to to e1 O N N -0 -0 koto rn oo M M mm h h Ol et O10 M ' m m m n n a rn I m en MIo1 N M Ln -1 O .i n co %010% .-INmaa oomtela O 0Ln-00 m N 1n h I[- -.4 M to m r m-0 N0 va O 00 OIO O O O o 0 O O O O O 00N"to O O 1� M m m m a N N m o M w a m 0 0 0 m N 0 0 0 N C�000C 0 0 0 0 0 N O Q O N W Ili MN. -I N '1 V0 at 00000 N 0 0 0 N m mmN ri Nri �a z m t3 N 7� a to m � m H Qws]U Walm� W��'aQ� m •� acs In m h e1 q N N N N U N N N N \ I I I 1 (x0000 Wvv�a�� In N in u1 In I I I t E 0000 -+aoout a N O m a M O O a o vinomr .-4 "0 0 a m to N O M .i m N O r m m 0 0 Ln to to a m e1 m N 1p 00000 O O o 0 0 0 0 0 0 0 te0 0WIN Mmotam .ir O cm 'i 0-1 a m m -0 N CO N minoofm toroov the a 00.ri N 00000 0 0 0 0 0 In Ot M M N If M1m ton hOMIn N m F 6m H U m m E O m o 14 w moa 00 0 1n W r1 VW to to m 'n I I I I O O O O m.„d�• W a w a H .-I .-I .i 'ai H 2 � �l 1'1 1 �➢ F {1� ri 11 .q .i �7 0000 tYl E- A A H p aIV m m rf ce N 0 L, 9 al In N m r In Lnn a W n 0 Ln W of W N ID v m Q N N O 0 n N n v 0 0 r N n v W Oa a fT I 0 Wfon Nv-01# rin ri -....I NmN mmN11 Ino m Ow �Z ,,,1,z17777 rn ri Ln m .-1 m ,-I n in m �$ o N %V fn mina a P4 acN--rnC4 arn� pq PG W a N N ai co Wat1n w c4 [moi N mQ%D 11 V0m (n Lo Of N Wv of m mri an W fn ri L] 0 0 0 n O O n O O O O Ifl O In 000 99 O �/jj fppWf�7i o O O m a o n 000 �E Iq o +r+l .W-1 Ln r L: zUz C� a a O mmo W om (nwch W m N V m r .-I .-I M O 0 W m r - L`0 w 14m vfrl l+ U n"owof Inv 1D 0 � r Wmmr,-Ir mr.-I E rl of ID D1 fO N W N U) .Wi W MMMMON m W a WWrovoo fnov r1 E IR of of W.0or mN w �c li mC,W.ia W OInLA O H I P ri N 0000000 000 wH 0000000 W O O N o o n mIA rn C; W; ON 000 000 Nut O CO CD NNN m W N a 0000000 000 E 0000000 al OONOOr coo COO p m C1 CD CD NNNa .-f AM �j N - G p W O U U O W W x W W Ej 0 W ' E U W >R,�f OH U � E H W U E E U r� ��py7 po Wa +W7i fq C7 FI [EF�.7j, D U w aHo O.4 IAWOf.0(U�i 00000"w UNNNNNNp \ I 1 I I I I M M"C4NNNN w a H InW cn cn W 1 I aJ '�S W NN a Q IH o P�0 a 4 1D %D %a w %D %D 00gq m HLn ri 00[r u1 Il11 u1 I �1 l'1 1 �Y E r1 ri N H .-I ri `000000 p7 cD 14 r$ Hm ri a '1 In E N a ri ri moo In N m r In Lnn a W n 0 Ln W of W N ID v m Q N N O 0 n N n v 0 0 r N n v W Oa a fT I all H pq W H Ri I N N .i Ln O en d1 v v N a 14 fn .i ri .i t7 si O1 O rl Orn FI rnl Ov m WH 0 . . . . OOl W r1 Nm O 7. N H O LO . i PSI IA O W O v N w ,-I ei ri � P9 OW sp n 'i � CA kr) ul 'i w q O Lr1 O W! .-1 1! N O N h I �ap'7i I+1 c; on.i Ln MNNi-V0 pfJ C1 1+1 In n kp rl O OI %V N al N N 00000 000000 O O O 0 0 0 0 99 99 WqW OG p 0000 000000 �aT HO 1 1 H 1'1 n1 z W O N0M at VI.i In LO .i ID Q F OVOvm Vin ONnri w H q� ILS W q[1 0 0 N m IL1 QO DD r- a no mo in W N N nd ri u1 OI to N in mlDrnu�po Psi E mm w r- (n In No TD. N .4 N W W H H U O 5) O O n O n .i .i p " il'1 as C.�01q OOv w W OO.W-1 11Nvnn Rl ® N+m Ln jiPaW�71 0E E t 0%DOIO ` W 14 F 1 Uµ' .M -I N rWi r- r Hm UF4 �pR Gq W N8 W 00000 co 00 w sp 000000 OW 00ow qW N W OMn In ri wOON ta W C7 W V�['7 In N �W1 Mm m N 04 r. 7a .F7] RI .i N n 1. '000,0,3 0000 0 0 0 0 0 0 WIn WOowv m C (� n ow000w 11'1 .i to O O N U ��*Nin C9 m ONN .i 1 I rl N n n E � m m aWi mi V1 H w 0 i Fl U cc P4 EO H yE�aryry� IM 6 mU M wc°�Rte Hhq EPHLL P4 rl E W q H U W O P1 a �[�i 60CA iN UU�ii `N C4 C4 oln wn W PI eq 1 mm MMm.7 mi . o N wrlmm19 w www 0000 m mmmmm w w w w w w i rn fV Of I H .-i Iq'i O S � W Q N W .-1 .i E In 1n In In o U�i 1 I 1 1 H P0000 PP11 H ri .-1 ri r-1 ri E a In In ,n u1 Ln 0 (ap111 i 1 1 � i EI D00 000 VJ all H pq W H Ri I N N .i Ln O en d1 v v N a 14 fn .i ri .i [Q E H N H O N O m gag� P4 W m E H m go 0 9 [1 0 r m N Dl m OD m OI 11 0 x O Ol m m m N N H H N z OIDN NH "" (1O H dP ID a H m m N ul N O N ID mm V0 If HH w q OHr r- ;D DI Oh NN ONm CD mm mm W U O Q cq O W m m W V0 mr to Nm 01 HH N N z O HOOH co 00 .-1 �aQ�7 O ulo O ul 00 00 In I.a L5 O HOOH 00 00 H m m m E z 117 In m R7 O raLr) W 1D to Ola H W ¢j O m N N m 99 r r r ¢1 O to V0 r1 .i w rD ID %D a SJ 0 00 W O-0 NN lit In N I N Ili mrN 1D ID W m r E H r m OG ILr N N N w I_ H N m 71 00000 DIOL 00 M 00 0 00 N N 00 N v v a 00000 O O 00 O 00000 ID 1D o to 111 E" O'O Ir) O Ili In In C 0 O q mln.-iaGo rr v m ',�G7yMy1 N m Ill 00000 0 o 00 O 00000 W%D OO ID E4 OO ul ON Illm OO O (y (rl C4 .-I D; m m m r- r Ln Hp m In H A g 0 E rA Ui m m U Ox o n ra a w �l.��O�oad a UN 03 H H � co H ' U H W E R iS �UUU WrL MH H W� rC R p�14� p� poop o ] o to in o Ln W p ] �V] ,Z. H i', W tD m %v W W P9 w h] 1D Fi R W ENi H H -I . 11 E H H E r�i H E E C7 fL u1 Ill u7 ul O�l IA O E u} O O I A'i U I I I I E WWW 1 9 HWW 1 E E C5 0 U p 0 0 0 0 m rt O ° .° a 0 B§Q a§§ M }j k §§ G7 0 § �� m SS § /m / q2 § 0 j0 §d ° H �~ §�K 20 R sa 8 00 o §§ §§ Wk §§ � ��. m 00 0 E4 § 7 § LQ § mm m § � § m IC� NE� co� 2§ NA m ra ca ca .. u k°o � § m j §0u o @oA § S N n& § §§ § ��� A 9 2/2 § §° 0§ 4 0 E U U z W 5C E P �i w8 2 1-4 all C7 q D m J r1r1 mwowomwm CM m N O w 0 O w n w va Na1 (elNomO�m ww N01" lel rl mu! Om N400m0@ rl rl omr o 9 rt r! OO rN@00m tpN OO mutes ul O 117%9 4 +-Irl r@1-InOrlaa m lel m lel ul rl rl u1 rl 00 00000000 O O 99 0 9 0 0 0 0 00 00000000 111 ul ON NOON 010 m m o w r a o w rn m at al mr@ul Ow lnN e!@ w@ wn A mm mm NN AIn mvYv ID Nrl a N ,tqN ww 00m0000m @@ OO H7090rN m0 rnulm000utim In In m .4 r ch Ln N M @ rl w 1D of In m � ai ui 00 000lnoo9ln 111 u♦ 00 N N 000@ @@ 090M01n 0W @@ wu1 @f*1111 r1 Ifl� ww rlm 90 000In 009 u1 N m 9 0 N N 0 0 0@ as oo9m9ulom @ a Wu1 @ lel Ln rl ui 0 wa rrm E W x a�j- W�.77E p> �j iL W i�Y71 mpy Cf ; I i4WlaEZpE SEI aFlieaam�� aW pqH�cmgx co to U P4 PG V U Ppq U m 1 , 0W 00a p a 02 6w W Lf) wn awu m 14 G7 `N N N N N N N p i3oPP11 poo00000P1 j$�}7 O � 040000000 in Pi .I-1 H H 14 rl ri 1-1 .--1 1 F a 0 0 0 0 0 0 0 0 m O n m m O O O N w 1; Inn I 4 o M N 14 .l o am m @ 9 r W 0 Inoomo w@LnW li @ N N O ,-I 0 0 0 0 0 99999 00000 919 wNr In O N 1-I of a0mtoa, m N a a a onrnr@ rl lrl W r 0 0 o r- 199 Li 9 -! w91n9r1 I-0Na V ww rl mN W O n N N wrnO Oo00000 w H O U a pWpz1� z H 6 m F O 'Z m aFO�ajjpa7 H W H ►►►p117� (aA w 0 U m OH O 0 u7 Ln W rl@Inw m m m m I I I I D7 0000 W 00001 nr nn Ei Lr) Lr) I I I 1 Fs W rE rl rl rl 9990 W 0 us Ln r rs SS.7� 10 I 1,1 E Z 0a Lnn U)��4co rnp v 00i O FFF�iii �,� %D Nt0Na �n�o ur- .i rl 10 .-4NrN NN m oro r-0Irli p� mm Inoma Ooo.I corn .corm010IDu1 %Dw NO Ln r, Ma Ofr *i rl 10 rl M N N H ID r r N N 00 0000 0000 rp o 0 0 0 0 0 0 0 0 0 ►E� paq a o 0000 0000 O F z e� mm Tomo maiDrn �C!1 i 0! 0.1 d.4 m0N+-I 00m-0 tmO1 m111 I Ln im mLn fn N10 O CI in Ln r -I r -I m .-I N ao Om ww %D 0 0 w u100In x a a OO m 0Om 1D001D +rl $ x H m d1 w r "'o m H FA 00 DODO 000 OO ID N In 1D 0W In H IQ E mm N In r. t+1 LnMNr CW7 ;a a .-1 lD ri N 00 0000 0000 �F coo00o N mhm M to MNr Fig EU') m %DD •-I tD .i N U Wp 61 p� d1 m amm ZQ014 i-iZaO UU HH �a � oox a �xa w�a H Go W aaU yH� �1 [Q p, 14{gAW HH aaW {C^M H H 0 U W O PI I C1 U d' iS a 00 M O In N 01 O O wLn N �a1 r] I m `I {t7 N N N m cIn m 7 r4 AA6i W 1a O i t 0000 iA111 O O O 0!) ON N I CFa1i �RaGj pfi I�n-I EN go..-D8 r.n innrn 8 WHWaormrw r N 11 H uLo I W -I 44 1 4 ri M coo ODO oW D00, IIEOE r r ,-I M m m 1D to C� M m 11 rl rl O m m m rr M 00 0 99 0 00 0 m m m M N 1D m N N Fl li .- r 0 0 r- 0 0 u1 0o m m m Ln 00 O 00 r- 00 m O O rI N N DI 0o 0 0 0 r 00 m C o ri N N D1 Nto O U [z9 ei AM V O W NN H W O W W m m O HSL RI Ifl 7 �D .-I V� rf r ONO O O cr � W W N W OI N O rl W N W RI N N0 N O m O m O O O m m A Ln w 0 m N W r O N 0 0 0 O 47 DIrN (m c4 Ln 1 W o o M p W m 10N Ver r Ol Or r NVWWr WepWaN Om m W a m m r u1 r r rl N N 000000000000 WAW OOOOQO000000 (If 000000000000 _... W U W W ONO W O N O O O N N W rl Pl OI N O O T 1� W F+4•I P] Irl m H m In m N W O I O r r mmrnrlWr,-A m m m OI a rl Irl N W In MN r m N N W E tri co W m N N C �D 1e O 1 m rl %D m In N , I N N H F [[[SSS o m omoolele0000ao 0 � WWW � W roOrnmamo0o�e �n U Or 000 Of a0ODOm m W H gococWo NvrWl N r n F1 W E a N N Irl m H E R�R�]l fie RI ?SO Inr WOWV'0001eaW W W rl W p 0 W N W 1e 0 0 0 1e 1D (A w rina Inoalnr Ln -w ole 1e QQQ 11i m /n ri d! ni [Y N Iro n m -11W le �W7 d N N HWOOWN O W WID0O O O O O W W 00tb 1D EIW r In sr In O o 10 r In a 1 1e 10 CC77 1eW W mem N N mm m H q m rl r W le N N N H �7 H Itl �Uyy rl iD A W W p�z U W �U� pW I� Wu) ffl gills E z pm U �Eq E.)Rm WH�Hi'P�G a �yW azH U iWyE� W H O m r � W �j W HH 11 [d HG4� WAr7m �U � m W W N m a m 10 i� m 01 0 .-I fj O W �W to mmmN W W in w le� {y tn F] W W rl .-I W W W W 14 W W H rl W F, ai IA [ I I 1 I I I I I I I W W O PWG I.a000000000p0 W �s100000000000 N W 'Dyj.�000OOpOOOOO M, . W blm ofoomomm[1 �I In In In In m In W m In In in O Q N I 1 I I I I I I i H H O (n eq 7 0 C R § gn N j� ■§ , §S § � §§ ok § 9 �§ k§ § SS inin §§ JJ \~ c§ §)/cm� § =gym §§ off§§ �� �§00 ` §U �N. §0 GG 00 §§ ■ 04 )§ §m // 22 §§ N N n § § �■ 0j § §§ _rq \ § m Q Ln H C/ m § k § � ms $ f� §f0 Uk R § 0,10 O (n eq 7 0 C R § gn N 00 o o a G4W O9, 00 0 m i o RI r 00 a N jD W P7 co O W rl U n rn ll a m li U s: cn m n 00 O 'n 'n m GI go O A V� F1 O O p IIiI 01 1fPS�epq ai o F D 0 0 co 0 .-I 11 V 99 O 119 a 00 O O H a� mW O aW 01 �tH� O �I to in N OWt O W � �j EEy p cq W Wp� 0 0 o 01 rn rn Vl pC H M tWP I �I N N 0 Px�l m W o cOqm IM �v a 0 W fC PO4 Ln m aWp a 00 O o 0 W W W O [9 H a a mm v m 0 O m m M Oh E Ol {47 pV1 W ,pH7fi tl� W H 61 p W ] WZ W z p� Fi M W U H co i9 :DPS W q1 s U 001 HCA a a I w rn aP R w 03 cr, N 1 LO �i 1 E E O E a A 0 0 F m r M 0 to H O N 1 A N M r EO U m O W H a G E OOOm m O O O r N 0 00 OD m M m OrIMO t0 Ln m rl O O N H .i m O m O N r r l mOmm ri ri %D M 0 N m O It a N N 0 0 0 0 O O O O O O 0000 O Ori fn InMHO Ol Ln i.i o r W 0 N m m I momma .i .I .n v m N In m m m m1 m 0000 O 0000 O 0 0 0 0 O O O O mm m in r1 .i a a N N WI b Lr) m N to O b 9L9 V m m m , I N .-I m to%oN V I II mM4mw "I II IO In V r rn m 'i r, IO II h N N m mbtA h II 14 LN-� cm - In IIII V0 0-0 IT II N N III I mr1NO m II IO NrIO N I VN M O O hIlpll r.iO w r m O O m Io a to o m rl w14 N O ri I r Inrnm m Y Inrnmr r IO o V W O P) rn m h r in O r to rn .a IO r -I m In � N If O w m to 09 a comae m N m r1 N I[Y .i N O W to m r -f 0 dt M W ID m IO m ,-I In II O m O om ,� rn In O to warner .i M rtnN C1 r N m " N m .-I Ic ppI u O m 0 0 m l . i -30 OO rM IO rN 1-1 m mOMN .-I rNav .-I m .-I i w O O O m N O to m IO r O rl m r N .i CD Ln H m U CL E'L o 0 00 010 O O 0 0 00 o O m 001- W N o O n O O OO 1 O O c W W x o m m .a OO 4i W W'i mm mm rlH Opo 000 w 0 G7 Ln Ln '"I 0 N W W 0 0 W W W W 1 H W 1p w m II N N N N N A 00 99 00 00 000 O II 99 99 999 O IRI Fa RR1W47 00 00 00 000 E O E W 00 ri W mm 000in �1 �7 U W 0 C; H Iii co W m O 0 O 0 N N W m pOp W IIIAIII �� O m o E nom vv m jIII N i i?Wgy; n N N u1 W w W W m V P E E mm m I OW C m �! a 00 O O 00 O O O O 0 O U! u} 00 oO coo 0 H E U O W 00 OO OO W co La�1h7 q r -w nm Wvm u] m Fes" 1p v W m urn H a amN N ai I 00 00 00 m o m m II E+ rn W n n ul v 0 0 illl H m;W to ui . l W rl �! N W I W s N m w %D FA ccW ti y U U m pq O i.1 HU Hta1 4i9W H 1 ,z N 9F. aF. EE1H jC� z R wWy' rA m O Vi - EZ ppP77i W 4aW p7 HOZOE,�O Ul U E trS N 030 0 � � O o O z o 0 H 00O N1pE °°Fs uE E� RivaO mN E WFy pay��NE t!]N N OO 0O NNE��II EOo O Fi O E �1 Pd Fi n v LnI(1 865 O 'p 10 W dp as oomm n .2 10 10 c� W 0aOODmf W U rn m r m m n1 IR�yAyj Ca O ul O 1O Ul Ill PWI O O 1D 10 ►] O tf O s} dr non r nor r EI ri 1+1 a 1o' n rl n rf i. ,4 pW omnia 1r9 E µ 4 U CD N W I �j aNi 14 CF) [ry �1 a1 { N I'] Ill C, N 1gWF�j' 1D 01 N Ch m m C', 10 N N rl rl v 6i0 W(n 0000 0 b!YI 00NN N m m 14E m m 0 11 o 11 W pppp� Ln a n vl rl m r- M r 0 wo11nC 110 1�n � M m � In Ww z w w Pa m m U W ?+ W H Pma9 W W U W n m z �u�� u Irl W N M N Up'� N D Lr) [E.1� r-IC7 `NN (-1000!11 O aF p10o0a FOC 01. n n n F N E 01 N (G O O O 0 0 .7 PI N I C4 Ln H bmrnlmomN in ^ r- liap r W W In m w W PO OriW LAh r7 (r1 W 4 "' ri �j SP O No O N N rn m rI O r ri mloNOg0N N F A m i O m m FV Huai mH H rl 10 WN l0 W r Q1 rl O O1 10 1p oamwrnrn a U W m0 H ri O OOi OOt mIli Ili Mro C O NNr1mr a -0 N h ofmver V a rl H ri 10 to E E � fn w U mrn U!'! V! Ucv m C� PEI CC m 1131 W lln'1 -!l 'ElM F m m r o b m rt ri m m ri �pE G fAO P4 In m OD 64 Ln c4 o o cft O m C I[I m W1 O N N Ll ICCCU'J777 p� N O i tn rrltn Ih N N r; a o ri o m rt M o w Oi Ci ko a O ul NOar n O LO hN4n m a m ri E 01 � W 93 AG E M �Hm m E Go Goq a qH �+ fl m !a1 h W p$� O rl o m ra H N P Ln 1p H a0000 H In I v d v CD O W. O C O O N 00000 0 0 0 0 ►1 N N [V N N a all Ai H i� E N H umi uWi umi um1 O N Of N a PEJ QJ OOOOp E O U N I I N N orn. 04 ly O W tf1 N m 1!1 If1 d° "J m N N F�Z W omww rn U m N 10 11 11 omrlc 10 Lnr-Im11 r- O N O N 0 N Ll O rl O PW4 omom ro C 0 0 E In I[I Ln N N N G H 4Ul 00D L9N m H O m Ln a p U G N 1 l N r r OI � O N.m-I N-1 1�0 O m xaa O�rm N o 10 Ln ,.i ri m V �H In.0O O Ee -I al o 0 0 In rcn eL a Ey m Ili m p' O 11 El� hl W OIn O In Inrn I I O' to a [J Cl 10 0 01 CD Ln N In Ill �1 OSD 'im m � 0000 F Rn O O In 11� PU'4Q C1 In N Ln wLc4 mOW0 W Aa V m E O E m OF Q � ri H is PAH a a o0a X. E ~ QH m Q +n H �ij w aa"aa UQ f.7 W `y O U 000 N 1 0 0 0 a qi O1 {11 OD OD co �I In In N 1 In O El O E! P~1NNN 01 N W g 000 0 W (1 U I N N I I 1 zz a1 1n In W w H Q z to %D 14 rl Ej Cpl II In ri W l0 A N O 1� r m W U .0-1 n r N 1 fn 1nNw a rI N z 0o0 0 0 0 o a aP4 000 0 0 0 0 0 H o 0 0 ` 40 ID m LO E r o t1+ 10+ jfs�l U go m m H aOD {+ N N 1n !n N w N cn m m y H E U M adorn a H � m x Ch as P4 E-1 H a pWp,� Iq ?S O biL]a Ly pU�9 O O O 000 0 O L-7 O r -IN N N N N m a a 000 Oo ai O p 14 [4 o r -i r4 rl L7 O N LV N (n a � H VJ pU� h z a w w a� rra U) , H H E E sr a � UU HCM U o w 'Q�j ry In U qv I 1 N o o N � W a OR N U E 1 N [a�j IpH��N�E O O 0 Q U 17 09 }| Q 11 | § k § a §n \� § § � § to &) k G § U / § k Q m11 \ 1-1 , q � � FA �2 § § � � go § Q C / 8 E § k §n /� K k2 I § § §C', § 2| � §E./ N. §§ { © ) m� NQ Ln §| n § . § m �� _ §�� M§B N§ c / . § §§ k 2§ § ° §` }� | 17 - § k § " § to ` k G § U / § k 1-1 , q � § � � go � 1 / 8 E § 17 BOYNTF=BE CHTiCRA CRA BOARD MEETING OF: October 13, 2015 X I Consent Agenda I I Old Business I I New Business I I Legal I I Information Only Other AGENDA ITEM #: VIII D SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for September 2015. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: Administrative RECOMMENDATIONS/OPTIONS: Approve the purchase order report. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 20151FINANCE - Purchase Order Report.doex Boynton Beach CRA Purchase Order Report Month: September 2015 Vendor Amount Funding Source Description NONE NONE NONE NONE T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151FINANCE - Monthly Purchase Order Report BOYN'o is�CRA CRA BOARD MEETING OF: October 13, 2015 X I Consent Agenda I I Old Business I J New Business I I Legal I j Information Only Other AGENDA ITEM: VIII E SUBJECT: Approval of CRA Board Travel to the 2015 FRA Conference SUMMARY: The Florida Redevelopment Association (FRA) is a not-for-profit organization dedicated to assisting Florida professionals and volunteers in community revitalization efforts. With its mission of "transforming spaces, revitalizing places," FRA is committed to providing a forum for its members to share knowledge and common experiences regarding revitalization opportunities and issues throughout Florida. FRA encourages adoption of legal and financial tools and programs favorable to community growth and serves as a statewide clearinghouse for redevelopment information. This year's conference will be in held in Tampa from October 20 to October 23, 2015. Attached is the schedule for the conference. The following CRA Board Members have requested to attend the conference: Chairman, Jerry Taylor Board Member, David Merker Attached are the Conference & Travel Request forms which provide an estimate of the cost per person. FISCAL IMPACT: Approx. $5,400. Budget Item # 01-51010-225 CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve the attendance of Chairman Taylor, Board Member Merker, Board Member Hay and Board Member Buchanan to the 2015 FRA Conference. Vivian Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda item Request Forms by Meet1ng\FY 2015 - 2016 Board MeebngslOctober 20151FRA Conf.docx FLORIDA REDEVROPMENT ASSOCIATION "Places for People" October 21-23, 2015 Hilton Tampa Downtown www.redevelopment.net AIA Bay (NOTE: all information is tentative, and AICP, IEDC, FGF®A and FL BAR CREDITS will be applied for) FRA Board of Directors Meeting 3:00 p.m. - 5:45 p.m. 3rd Annual (ZEN) FRA River Boat Tour (Boats start loading at 6:15 p.m.) For the first time at SUNSET! Take a boat ride (six per boat) down the Hillsborough River to the bay, and watch the sunset over downtown. https://instagram.com/eboatstampa/. Enjoy the under -bridge lighting displays, the recently completed Tampa River Walk, Waterworks Park and Ulele Restaurant from the comfort of one of the rented electric boats. At the end of the narrated tour (approximately 8:00 p.m.) enjoy a complementary the 360 degree waterfront restaurant/bar, Sail Pavilion, next to t http: www:tampaconventioncenter.com/facility-information/sail pavilion/ $40/person, pre -registration required please and space is limited beverage at he docks. Wednesday, (-tuber 21, 2015' Tour Host: Michael M. English, AICP, Principal Planner, BCC Engineering, Inc. and FRA Board member Sponsored by: BCC Engineering, Inc. Beverage Service (Registration area) 7:30 a.m. - 0:00 a.m. FRA Conference Registration Open 8:00 a.m. - 5:00 p.m. MOBILE TOUR 8:00 am - 11:00 a.m. Central Business/Waterfront Districts Public Art Tour You will find out why Tampa is one of the premier downtowns known for its Public Art. Learn about the artists, challenges, experiences and funding of each project, from the people who are involved directly in Tampa's Arts Programs. The tour begins at City Hall and continues south through the downtown toward the Waterfront District. This tour will be part walking, part bus. Tour participants will see a large-scale photo mosaic mural, artist -designed gates, as well as other surprises along the way. Along the river walk, we will discuss and see the tallest sculpture in Florida - Lightning by Jonathan Borofsky. Tour Host: Melissa LeBaron, Project Coordinator, City of Tampa Art Programs Community Redevelopment Agency (CRA) Snort Course 8:00 a.m. - 11:00 a.m. This is a general educational session designed for CRA staff, elected and appointed officials, volunteers and advisory board members. We will succinctly overview "what you need to know that you might not know" in the universe of CRAB. We will highlight some helpful practical, legal and administrative best practices for CRA policy making success. Additional registration of $25 per person, see main conference registration form at www.redevelopment.net top tab annual conference 2015. Teachers: Cliff Shepard, Esq., Shepard Smith and Cassidy, and Carol Westmoreland, FRA Executive Director CM 3.0/CM 1.5 L/CM 1.5 E Wednesday, October 21, Welcome Luncheon in Exhibit Hall 11:00 a.m. - 12:30 p.m. Experience what this conference is all about: public and private sectors combining for an exciting dialogue about what is happening all over Florida. This is an opportunity to meet and network with fellow members and new redevelopment partners. Exhibit Hall Open 11:00 a.m. - 6:30 p.m. Rei -Imagining State Arterials 12:30 p.m. - 1:30 p.m. This session will highlight redevelopment efforts taking place along two major state roads: U.S. 1 in Delray Beach, and State Road 7 in Broward County. The strip commercial plazas and aging businesses along these corridors have struggled to compete with new retail centers, but strong population growth, tourist activity and a lack of available vacant land in urban centers has Increased their potential for redevelopment. A fresh approach to land use and infrastructure planning was needed to transform these roads into viable mixed- use corridors that are safe and welcoming to pedestrians and transit users. The State Road 7 Collaborative is a regional effort involving 17 municipalities, while Delray Beach's efforts included FDOT, the City and the CRA. We will share how these ongoing coordinated efforts have made these transformative projects a reality. Moderator.- Diane Colonna, AICD, FRA President Elect, Redevelopment Management Associates/Margate CRA Speakers= Jeff Costello, Executive Director, Delray Beach CRA and J. Gary Rogers, Executive Director, Lauderdale Lakes CRA CM 1.0 Shona Us the Money! (Financial Options for Projects) 12:30 p.m. - 1:30 p.m. Think you know about the various sources of revenue and economic incentives to jump start a redevelopment project? This session will focus on a spectrum of financial assistance options that CRAs may utilize in order to accomplish their redevelopment projects. We will overview state and federal financing; transit - oriented development, housing, environmental remediation and local government assistance; pledges of revenue; land loans, swaps and sales and planning assistance, all of which serve as viable financial tools useful in achieving project goals. Wednesday, October -J-1,, 0�5 Moderator: Toni Shamplain, Downtown North CRA Manager, Panama City Speakers: Tammy L. Hillier, GPA, Grants Writer, City of Pinellas Park; Royce IG Jones, Esq., Senior Principal, Kane, Ballmer & Berkman; Julie homey, Senior Principal, Keyser Marston Associates, Inc. CM 1.0 Legislative Update 2016 12:30 p.m. - 1:30 p.m. While we are busy embarking upon or rebuilding redevelopment programs, be assured that the legislative arena is in full action mode. What is on the horizon for 2016? Bl.11 is a Tallahassee lawyer and lobbyist who founded the firm and has represented local government clients before the Florida Legislature since 1985. John Wayne joined the firm in 2013 and represented the Florida Association of Counties and the Florida League of Cities, as well. Speakers: William J. Peebles, Esq., Founder and John Wayne Smith, Principal, Peebles & Smith, LLC CM 1.0 CM 1.0 Law Refreshment Break In Exhibit Hall 1:30 p.m. - 1:45 p.m. Federal CRR for Florida CFAs 1:45 p.m. - 2:45 p.m. This session will explain in detail how the federally mandated Community Reinvestment Act (CRA), can help city or county Community Redevelopment Agencies (CRAs) build partnerships for community and economic development projects with banks. These two different CRAs have the similar focus areas: to use their resources to meet community needs. Through CRA, banks are tasked with meeting lending, service and credit needs in communities, while the cities and counties are working on quality of life needs. Come with questions on how you can directly plug into the federal CRA world and identify a lender who might be interested in partnering with you and your CRA projects. Speakers April A. Atkins, AICP, Community Affairs Specialist, Federal Deposit Insurance Corporation (FDIC) CM 1.0 4 Getting Back to Neighborhood Basics 1:45 p.m. - 2:45 p.m. Sometimes, residential redevelopment projects get overlooked because of larger or more glamorous commercial projects. However, small projects and services that more directly address community and neighborhood concerns are also needed. Our speakers will focus on strategies to start reversing long declining residential property values. We will overview a multi-year expansion of one revitalization area and the effect the investment is having. Moderator.- Gus Gianikas, AICP, FRA -RA, FRA President, Assistant Director, Planning and Development, City of Mount Dora Speakers: Rick Stauts, Executive Director, Florida City Community Redevelopment Agency and Ken Thomas, Director of Housing and Economic Development and Elizee Michel, AICP, FRA -RA, Executive Director, Westgate/Belvedere Homes CRA, Palm Beach County CM 1.0. Case Study: Is Return on Investment a Myth? 1:45 p.m. - 2:45 p.m. The City of Stuart CRA redesigned Colorado Avenue, a commercial corridor in need of a facelift. The CRA also matched Community Development Block Grant (CDBG) funds to complete the total 1.8 million dollar investment. CRA Hoard members asked staff to measure the ult9mate "ROT" of the project. We will present our findings, and share how to use the FRA toolkit on "Measuring the Benefits of Redevelopment". We will also discuss how to get a clear understanding of what a CRA project means to the bottom line, with our attendees. Speakers: The Honorable Jeffrey Krauskopf, Vice Mayor, City of Stuart and Teresa Lamar -Sarno, AICP, City of Stuart CRA Administrator CM 1.0 Refreshment Break in Exhibit Hall 2:45 p.m. - 3:00 p.m. Help Determine FRA's Destiny: Branding Exercise 3:00 p.m. - 4:30 p.m. Walker Brand's motto is "we connect people to places". What better way to connect FRA with steps we can take in the next three years to grow our association? Nancy will lead us through some big thinking on what redevelopment practitioners in Florida will need in the future, and how FRA can meet those needs. Especially if you have not filled out the FRA branding online survey, we need your Wednesday, Ocrober 21, 20-11. � assistance to frame the challenges and possible solutions. Come brainstorm with us! Introduction: Gus Gianikas, AICP, FRA -RA, FRA President, Assistant Director, Planning and Development, City of Mount Dora Session Leader: Nancy Walker, President, Walker Brands Measuring the Community Benefit Initiative 3:00 p.m. - 4:30 p.m. Two south Florida communities have embraced the concept of a Community Benefit Agreement/Plan to improve the economic and social status of residents impacted by redevelopment. One included a local hiring program and an assessment of the level of services and/or economic benefit in the RFP response criteria. As a result, a Community Benefits Agreement was entered into between the developer and community stakeholders. The other city adopted a Community Benefit Plan for small and large projects. The plan developed for this project includes a uniquely "designed" internship program for middle through college age students. Moderator. The Honorable Joy Cooper, Mayor, City of Hallandale Beach Speakers: Choli Aronson, AIA, LEED AP BD+C, Community Benefit Plan Coordinator, Currie Sowards Aguila Architects; Jennifer Prastai, Assistant City Manager, City of Hallandale Beach; Kristyn Cox -Goodwin, West Atlantic Redevelopment Director, Delray Beach CRA and The Honorable Anthony Sanders, Commissioner, City of Hallandale Beach CM 1.0 Bridging the "'GAP- or Horny to Avoid "Going Around People - 3:00 p.m. - 4:30 p.m. We all think we know what's best for the community but sometimes we do not stop and listen. When this results in a community struggle, there is usually a communication gap between local governmental entities and the community it serves. This program delves into authentic communication and public engagement. We will share how to listen, how to remove self to become one with the community, and how to develop strategies that open the lines of communication, Let's also discuss the great ways you have found to truly engage your citizens. Speaker; Petula Burks, Public Affairs Director, City of Miami Gardens CM 1.0 6 I , dnesdaV, October 21, 7017 Dinner Reception in Exhibit Hall 5:00 p.m. - 6:30 p.m. This. is a great opportunity for professional networking. Great partnerships and great results come about from a continual exchange of information. Check off your visits to each booth on the exhibitor's card in order to be eligible for the gift drawings tomorrow. All of these businesses support the FRA and the services we provide to you, so we appreciate you greeting and thanking them on behalf of all FRA members! rhur5day, October 24, 2 Continental Breakfast in Exhibit Hall 7:00 a.m. - 8:00 a.m. Opening Plenary Session and Keynote 8:00 a.m. - 9:00 a.m. Introduction: Charles C. Sohl, Associate Professor and Director, graduate program in Real Estate Development and Urbanism (MRED+U) at the University of Miami's (UM) School of Architecture Keynote Presentation: Vicente Guallart, Chief Architect, Barcelona, Spain As chief architect of the city of Barcelona, Vicente Guallart developed the strategic vision of the transformation of the city and its major development projects. He was the first manager of Urban Habitat, a new department encompassing the areas of urban planning, housing, environment, infrastructures and information technologies. In 2001, he founded the Institute of Advanced Architecture of Catalonia (IAAC), one of the best Architectural Master Schools in the world. Some of his projects are the Denia Mountain (reconstruction of an old quarry, in an environment that holds an old Arab castle, selected for the Venice Biennale 2004), 3 ports in the North of Taiwan (winners of 2 international competitions), and the Sharing Tower in the neighborhood of la Torre (Valencia). Guallart Architects has also developed projects such as the the Sociopolis neighborhood in Valencia, and the Gandia Sharing Blocks. He is the author of the books Geologics and The Self -Sufficient City and co-author of the Metapolis Dictionary of Advanced Architecture. His work has been exhibited at the Blennale of Venezia, MOMA and AIA in Washington. He will talk about a blueprint for the world to come, a world built around cities and their renewed capabilities to become productive again, based on the principles of local self-sufficiency and global connectivity. http://www.guallart.com/ Sponsored by the University of Miami School of Architecture and the AIA Tampa Bay Refreshment Break in Exhibit Hall 9:00 a.m. _ 9:15 a.m. 8 �rhursday October r �, 201 Second Plenary Session Vicente Guallart: An Interview Session/Architecture Panel 9:15 a.m. - 10:15 a.m. This session will feature an interview with keynoter Vicente Guallart, city architect, Barcelona, Spain. Dean Rodolphe el -Khoury, University of Miami School of Architecture, and Charles C. Bohl, Director of the University of Miami Graduate Program in Real Estate Development and Urbanism, School of Architecture, will be asking the questions of Mr. Guallart in this unique and informal setting. Attendee's are welcomed to do so as well. CM 1.0 Refreshment Break in Exhibit Hall 10:15 a.m. - 10:30 a.m. Third Plenary Session and Keynote 10:30 a.m. - 41:45 a.m. Presiding: Gus Gianikas, AICP, FRA -RA, FRA President, Assistant Director, Planning and Development, City of Mount Dora Introduction: Diane Colonna, AICP, FRA President Elect, RMA/Executive Director, City of Margate CRA Keynote Presentation: Fred Kent, Founder and President of the nonprofit organization Project for Public Spaces (PPS) Traveling over 150,000 miles a year, providing technical assistance to all types of communities and teaching over 10,000 people in place making techniques, !Fred Kent gives major talks across North America and internationally. Over the past 37 years, Fred has worked on hundreds of projects all over the globe. He is a leading authority on revitalizing city spaces and one of the foremost thinkers in livability, smart growth and the future of the city. He is known throughout the world as a dynamic speaker and prolific ideas man. Luncheon in Exhibit Hall/Door Prize Drawings 11:45 a.m. - 12:45 p.m. Continue to network with exhibitors and other attendees. Don't forget to get your exhibit check off cards and business cards in for lots of great gift drawings! 9 I T17zfrsdaYjjPctob' TO -1-7 Innovative Development of Affordable housing 12:45 p.m. - 1:45 p.m. During this session attendees will learn how the Hallandale Beach Community Redevelopment Agency launched an innovative project to build new single family homes and how it successfully accomplished the goal of providing affordable housing opportunities to income -eligible, first time homebuyers. Additionally, we will show how the development of these new housing units is a redevelopment tool that created physical, economic, and social improvements to the area. Speakers: Diana M. Wolfson, MSM, Real Estate / Property Management Coordinator, Hallandale Beach CRA; Lovern Parrs, CRA Specialist, Hallandale Beach CRA and Carolyn M. Allen -Smith, Administrative Assistant, Hallandale Beach CRA CM 1.0 Business Partnerships for Dealing with Panhandling and Our Homeless Citizens 12:45 p.m. - 1:45 p.m. For those communities of all sizes struggling with concerns about panhandling and homeless behaviors that keep customers and investors away, this session will provide fresh ideas and perspectives. Panelists will discuss innovative partnerships between business and social service interests to improve safety perceptions related to panhandling and homelessness. New housing finance models, revenue redirect programs, physical improvements, communications strategies, and comprehensive service models involving business partners will be reviewed. Speakers: Ken Stapleton, President, The SafedesignTM Institute and Kevin Lawler, Principal, Nk Ventures LC CM 1.0 Choosing the Right Partnerships for Your CRS! 12:45 p.m. - 1:45 p.m. This session will overview the selection process for innovative public, private, and nonprofit partners to implement your CRA Plan and promote your redevelopment area. There are low cost ways to engage stakeholders to help educate, promote, and fund its revitalization efforts. Small programs this is for you! This kind of collaboration in one small budget program yielded millions in grants for flood mitigation, affordable housing, health, environmental initiatives and economic development projects in two years. Come see how they did it, for ideas you can use back home. 10 Moderator: Elizee Michel, AICP, Executive Director, Westgate CRA Speakers: Alexis A. Sarbish, CEO/Product Facilitator, Rooney's Beer Company; Elizee Michel, AICD, FRA -RA, Executive Director, Westgate/Belvedere Homes CRA and Ginny Powell, Environmental Program Supervisor, Palm Beach County ERM CM 1.0 Refreshment Break 1:45 p.m. - 2:00 p.m. What Can CRAB Do for Developers? 2:00 p.m. - 3:00 p.m. We will share the basic and general do's and don'ts that can make or break a (re)development deal. We talk a lot about being "development friendly", but what little things can a government or CRA do to actually support that claim? What is realistic for a small city? We will be discussing how to get the word out, and how to put a deal structure together, from a developer's perspective. The intent is to provide insight on how delays, outdated zoning, and "negative administration" can be changed to line up with the stated community vision. We will welcome your ideas as well, for effective deal making. Moderator: Eric L. Haynes, CEO, Inner Urban Holdings, LLC Speakers: Maurice Egozi, Principal, CFO, Pointe Development Companies; Eric L. Haynes, CEO, Inner Urban Holdings, LLC and Greg Brewton, President, Greg Brewton & Associates CM 1.0 From Glimmer to Glow: The Art in Downtown Lighting 2:00 p.m. - 3:00 p.m. This session will focus on how public art can create a buzz, put your city in the spotlight, and raise its visibility to the creative and tourist markets. Looking closely at Lights on Tampa featured in the Tuesday evening tour, this session will also include methods and processes for funding, resources and partnerships, whether you have an art program established or not. Moderator., Raphael Clemente, Executive Director, West Palm Beach Downtown Development Authority Speakers., Robin F. Nigh, Manager, Art Programs, City of Tampa CM 1.0 11 How to Engage Your Community 2:00 p.m. - 3:00 p.m. We invite you to join a lively discussion on how to bring divergent groups together to support a local redevelopment project, plan or program. Our guest speakers will frame the challenges and some best practices. Thea our leaders will facilitate small discussion groups about how to make good goals and intentions a reality back borne. Introduction: Julius D. Davis, PE, LEED-AP, Member, Florida Advisory Council on Small and Minority Business Development Speaker: Deric C. t=eacher, City Manager, City of Winter Haven Moderator: Gerald Snell, Chairman, Southside District CRA, Avon Park Team Discussion Leaders: Kristyn Cox -Goodwin, West Atlantic Redevelopment Director, Delray Beach CRA; Jeremy Earle, AICP, ASLA, FRA -RA, Deputy Director, Department of Sustainable Development, City of Fork Lauderdale and Toni Shamplain, Downtown Noah CRA Manager, Panama City CM 1.0 Refreshment Break 3:00 p.m. -- 3:15 p.m. Transportation Roundtables: Experts' Advice on YOUR Projects 3:15 p.m. -- 5:00 p.m. This plenary session is designed to give all attendees the opportunity to get answers to questions and dilemmas, no matter the type and status of your transportation project(s). The table topics will be marked and as you visit around, you might learn from others' questions and discussions also. Topics include: complete streets, FDOT grants, pedestrian priority zones, transit, a large scale ped/bike bridge, bike sharing through the master planning approach, Vision Zero programming, walkability, multi-modalism, streetscapes, CRA funding of transportation projects, and practical ways to get grassroots advocacy off the ground. Our experts have a LOT of combined transportation solutions experience, so take advantage of it while you can! Moderator: Michael M. English, AICP, Principal Planner. BCC Engineering, Inc. and Angelo Rao, P.E., Manager, Traffic Operations, City of Lakeland Table Experts: Diana Alarcon, City of Fort Lauderdale; Elizabeth Alden, AICP, Hillsborough County MPO; Charles Barmby, City of Lakeland; Dirk Danley, Florida Department of Transportation; Jean W. Duncan, P.E., City of Tampa; 12 LMI-J-rsdaye October 22., 211 Katherine Eagan, Hillsborough Area Regional Transit (MART'; Leigh Ebby- Scrabis, City of Fort Myers; Dennis Haynes, Burkhardt Construction, Inc.; Ed Johnson, City of Tampa; Marc Kleisley, Burkhardt Construction, Inc.; Suzanne Monk, Florida Department of Transportation; Angelo Rao, P.F., City of Lakeland; Alyce M. Robertson, Miami Downtown Development Authority; Steve Tocknell, AICP, Tocknell Planning. Services, LLC and Carin Watkins, Florida Department of Transportation Sponsor: SCC Engineering, Inc. Awards and Academy Graduation Ceremony Dinner 6:30 p.m. - 8:30 p.m. Sponsor. Burkhardt Construction, Inc. 13 JFrr fir, October 23, 2011 Annual Business Meeting/FRA Awards Showcase 7:30 a.m. - 9:30 a.m. Wake up with the winners of the 2015 Best Book awards! They will be sharing the details of how they did it, versus what they did. We will also share tips on how you can apply and win an FRA award for your project next year. We invite you to also join us in welcoming our newest, as well as current, FRA Board members for 2015-15, during a brief annual business meeting. Presenters: 2015 FRA Award Winners and the FRA Board of Directors CM 2.0 Art as Place -Making 9:30 a.m. - 11:00 a.m. It harnesses the power of creativity, emotion and innovation, and can transform the public realm from mundane to marvelous. It is what our children, visitors and investors remember about a city, whether they grew up with ars iconic landmark, pass it on the way to work, or see it on their way to the airport, cruise ship or walking down a street. Art tells a story and connects people to a place. We will show you examples from downtown West Palm Beach and other locales that demonstrate the overwhelming difference that art makes in hDw the public realm is perceived and experienced. The site selection process, and how to gain support, will be also be discussed. Moderator: The Honorable Shanon Materio, Commissioner, City of West Palm Beach Speakers: Raphael Clemente, Executive Director, West Palm Beach Downtown Development Authority and Sherryl Muriente, MURP, Associate AIA, Instructor, School of Urban and Regional Planning at Florida Atlantic University CM 1.0 How to Successfully Work with Merchants 9:30 a.m. - 11:00 a.m. What tried and true methods are effective to help merchants help themselves? We coach, partner with and communicate with our merchants for better relationships and better business. Their success is our success, but the "us and them" mentality is sometimes hard to get through. We will share all kinds of ideas and tell you what works (most of the time) in what situations. Moderator: Laura Simon, Associate Director, Delray Beach DDA 14 ri October 23., 20 15, Speakers: Marjorie Ferrer, Consultant, Delray Beach; Sharon McCormick, Marketing Director, Redevelopment Management Associates and Ronni Wood, Florida Main Street Coordinator, Florida Department of State CM 1.5 Purpose Built Communities 9:30 a.m. - 11:00 a.m. Purpose Built Communities works to transfer their model for holistic revitalization to communities throughout the Southeast. Through the transformation of neighborhoods, they seek to change lives in struggling areas. It grew out of the wildly successful revitalization of East Lake Meadows in Atlanta, Georgia. Established in 2009, Purpose Built Communities is providing a blueprint for breaking the cycle of intergenerational poverty and building brighter futures. Speakers Ethan Davidson, Vice President of Communications, Purpose Built Communities CM 1.0 Adjourn Please check www.r evelo ment.net top tab annual conference for registration information, other event schedules, and any updates to this program. For more information, contact Carol Westmoreland at cwestmoreland@flcities.com. 15 1. Date of 2. Staff or 3. Confere 4. Conference Location: Boynton Beach Community Redevelopment Agency CONFERENCE & TRAVEL REQUEST 5. Conference Purpose (Attach copy of conference/meeting brochure): 6. Dates of Travel:10-20 t) 10-c23, Acct # to be charged: Of 7. Conference/Registration Cost: $ 8. Airfare: $ 9. Ground Transportation: 10. Hotel Cost: 11. Car Rental Cost: 12. Fuel:�00 ►u I [ -i P Kl%q37 -S9 X - W5 13. Per Diem Cost: Breakfast @ $12 Lunch @ $15 Dinner @ $30 $ $ $ If any meals are included in the registration fee do not include 43 this section.. $Vu # of Days: $Ej�kH # of Days: $ # of Days: } 14. Total Estimated Cost: $�B a - %.e %-;.01 Approved by Executive/Assistant Director: Date Approved by ChairNice Chair: Date NOTE: CRA Board travel requests must be approved in advance at a regularly scheduled meeting of the CRA Board. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. T:IADMINISTRATIVE1Forms - TernplateslCONFERENCE & TRAVEL Request Form - 2014.doc 4 ; Utterback, Theresa From: Melanie Howe <MHowe@ficlties.com> Sent: Tuesday, September 15, 2015 5:20 PM To: Utterback, Theresa Subject: FW: FRA 2015 Annual Conference Registration Confirmation for Gerald Taylor (901) From: EVENT PLANNING (TAL) Sent: Tuesday, September 15, 2015 5:09 PM To: TaylorJ@bbfl.us Cc: Melanie Howe <MHowe @flcities.com> Subject: FRA 2015 Annual Conference Registration Confirmation for Gerald Taylor (901) FRA 2015 Annual Conference Hilton Tampa Downtown 211 N. Tampa Street Tampa, FL 33602 Dear Gerald Taylor, Thank you for registering for the FRA 2015 Annual Conference. We look forward to your attendance. Please do not hesitate to contact us if you have any questions prior to the event. This message Is confirmation of your registration If you paid by credit card, payment information will be detailed below. r � • Melanie G. Howe, CAE, CMP Meetings Manager (850) 222-9684 mhowe0ficities.com HOUSING INFORMATION: The conference will be held at the Hilton Tampa Downtown. You may contact the notes directly at (813) 204-3000 to make your reservations. Be sure to mention the Florida Redevelopment Association to receive our reduced rate of $169 per night. Remember that the cut-off date for reservations is September 19 and the block could sell out before then. A credit card is required to guarantee reservations, but charges will not be applied until check-in. Valet parking is $16/day and self -parking is $12/day per use. Complimentary guestroom wifi is included in the room rate. If you have any questions, please contact Melanie Howe oil 21 . Registration Date 09/15/2015 Name Gerald Taylor Nickname Jerry Title Mayor & CRA Chair Affiliation Boynton Beach E-mail TaylorJCabbfl.us your Itinerari-, Extra Breakfast Ticket - Friday (1) $25.00 Extra Dinner Ticket - Thursday (1) $45.00 Extra .Lunch Ticket - Wednesday (1) $25.00 Full Registration - Member (1) $395.00 Total $490.00 Payments $490.00 Balance $0.00 Payment Receipt Credit Card Reference Code 7528967268 Credit Card Authorization Code 015467 Date Processed 09/15/2015 Total Paid $490.00 Payment Type VISA ************4845 This is an automated e-mail. Please do not reply to this message. © 2015 Florida League of Cities, Inc. All rights reserved. 1 _ Date of Request: 2. Staff 3. Conference Boynton Beach Community Redevelopment Agency CONFERENCE $ TRAVEL REQUEST 4. Conference Location: 5. Conference Purpose (Attach copy of 'conference/meeting brochure): 6. Dates of Travel:10-Q.0 to 10-43.4 # to be charged:OL. -.a� .m 7. Conference/Registration Cost: $ 8. Airfare: 9. Ground Transportation: 10. Hotel Cost: 11. Car Rental Cost: 12.RLI I:'Rouv&rt P $O. tleaL If any meals are included in the registration fee 13. Per Diem Cost: do not include in this section. Breakfast @ $12 $# of Days: /- Lunch @ $15 $ # of Days: 0�3 Dinner @ $30 $ # of Days: 14. Total Estimated Cost: $_J ` /j Approved by Executive/Assistant Director: / Date Approved by Chair/Vice Chair: Date NOTE: CRA Board travel requests must be approved in advance at a regularly scheduled meeting of the CRA Board. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. T:IADMINISTRATIVE%Forms - TomplatesICONFERENCE & TRAVEL Request Form - 2014.doc Florida Redevelopment Association Ocibber 21 a23q 2015 Milton Tampa Downtown This registration form is required to register each person -program information at wiiKIi develo ment.nel. Please retum a completed form for each registrant with all fees payable to FRA Annual Conference, P.Q. Box 1757, Tallahassee, Florida, 323 02 1757. Visa or MasterCard payments may be faxed to Melanie Howe at (850) 222-38196 0 ar Balled at 850-701-3642. Megnbers ire eaaal8o ' members aso, 5 Alla vane registrations must be received by October 12, 2015. Cancellations in Writing by close of business by that date may receive a refund less a 50 WXMing fee. CHEMPROGR"FORDETAMSat as there are other eva& rad on, fon. runingnpFiq -LAN MU in (Dimly+ if Purchasing the gmest rejostration below) Check (Payable to FRA Anna a Credit Card Number �t Card Mder's Name Billing Address (if difforent fmm above) avncxzianne: If RgfttMtion 4tuber * Non - sub - Member totaals d Full Rogistratiomo* $ 395 IS480 xry Weduasday 1$325 $ 350 $ Thursday Only*** $ 345 $ 375 q$q GueWSpouse** $ 315 $ 345 CRA BD $ -25 $ 25 J Taraining**sal Mobile Tour Weds $ 25 $ Mpbile Tour Tues$ 40 Tour NamePLO s) _� 111 GRAND TOTAL � $ � $ ENCLOSED Members: FILA dues trust be paid by 10/15115 to ceive the member discount. Full and Guest registrations include all workshops d meal functions. Guests are spouses, piers 07 n -professional Ielations. *one -day registration includes workshops and meal �ctisnns scheduled for that day only. **Mobile tours and CRA %slcs neostrautionns mug purchased separately and are not included. tra Meal 'Pickets: downloaa heturn form owe. ,dent Special - FREE access to all mkKkshops. Wial Needs: If you have special physical needs, gr a Lary preference, please let las know qn tine registna�,D n u. 'Danks! 2015 CRA COMMENT LOG lethod of Date Name Comment 9/15/2015 mail N. Michael Fraternity would like to Vivian Brooks -City Contact is Norwood adopt Heritage Park who is ;Christine Roberts & CRA has $$ for the contact person community support if they need it. i Brooks, Vivian From: Brooks, Vivian Sent: Tuesday, September 15, 2015 4:14 PM To: 'N. Michael Norwood' Subject: RE: Heritage Park Adoption Anytime! My pleasure. Vivian Brooks, txecutive wrector Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9090 f: 561-737-3258 BrocksVi@bbf1.us www,catchboynton.com U ACH 1'RA Like us on Fa*book 11 America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: N. Michael Norwood [mailto:n.michael norwood@yahoo.com Sent: Tuesday, September 15, 2015 3:53 PM To: Brooks, Vivian Subject: Re: Heritage Park Adoption Thank You! N. Michael Norwood "Let Your Light So Shine" On Tuesday, September 15, 2015 11:14 AM, "Brooks, Vivian" <BrooksVi(-)bbfl.us> wrote: Christine Roberts of Public Works is great to work with. Her number is 742-6203. Let me know if we can assist. We have a line item for community support that we can draw from for these types of projects. Brooks, Vivian From: Brooks, Vivian Sent: Tuesday, September 15, 2015 11:15 AM To: 'N.Michael Norwood' Subject: RE: Heritage Park Adoption Christine Roberts of Public Works is great to work with. Her number is 742-6203. Let me know if we can assist. We have a line item for community support that we can draw from for these types of projects. Vivian Brooks, Executive uirecror Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9090 1 f: 561-737-32.58 BrooksVi(�bbfl.us www.catchboynton.com -*1" - BOY ION' ACHCRA Like pus on Facebook America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. -----Original Message ----- From: N.Michael Norwood [mailto:N.Michael NorwoodPyahoo.com;. Sent: Tuesday, September 15, 2015 9:46 AM To: Brooks, Vivian Subject: Heritage Park Adoption Good morning This is Mike Norwood. My local fraternity chapter is interested in adopting Heritage Nark as a community service project for this year. We do not have lawn equipment but we are interested in maintaining the upkeep of the park. Can you tell me who I should contact regarding our interest? Thank you for your support of our community! Sent from my iPhone Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9090 ; f: 561-737-3258 BrooksVi@bbfi.us i www.catchboynton.com LQ�N EA N`C Like us on Facabook 93 America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. -----Original Message ----- From: N.Michael Norwood tmailto:N.Michae! Norwood@yahoo.corn Sent: Tuesday, September 15, 2015 9:46 AM To: Brooks, Vivian Subject: Heritage Park Adoption Good morning This is Mike Norwood. My :oval fraternity chapter is interested in adopting Heritage Park as a community service project for this year. We do not have lawn equipment but we are interested in maintaining the upkeep of the park. Can you tell me who I should contact regarding our interest? Thank you for your support of our community! Sent from my iPhone BOYNTON BEACR'CRA CRA BOARD MEETING OF: October 13, 2015 1 Consent Agenda [ [ Old Business New Business + Legal I X I Information Only[ Other AGENDA ITEM # XB: SUBJECT: Marketing & Business Development Campaign SUMMARY: Boynton Forum- As part of the ongoing marketing efforts to assist local merchants in an advertising campaign, the CRA staff 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 to support the overall mission to promote downtown Boynton Beach as a destination. (Exhibit A) Neighborhood News- Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The September ad featured the Boynton Beach Haunted Pirate Fest & Mermaid Splash event. (Exhibit B) Boynton Harbor Marina Marketing Campaign — This campaign continues with a 3 month advertising campaign in the Coastal Angler Magazine featuring the marina as a place to create family memories. Coastal Angler Magazine is a resource for anglers, boaters and conservationists and is the second largest free outdoor publication in the nation. The ad was also featured in Ettractions Palm Beach County Map 2016 as a destination spot for tourists. (Exhibit C) Palm Beach Post & New Times Campaign Pirate Fest-The Palm Beach post is a sponsor for the upcoming Pirate Fest and with that sponsorship a % page ad will run on Sunday, October 18 in the Accent section of the newspaper. (Exhibit D) The New Times campaign will run the entire month of October with a digital presence and two % page ads in the newspaper. (Exhibit E & F) Billboards -The Billboard locations are Gateway & I-95 and 10"` Ave & I-95 and will be up the month of October for the event. (Exhibit G) Pineapple Newspaper- A full page ad for the Boynton Beach Haunted Pirate Fest and Mermaid Splash will be featured in the October issue of the Pineapple Newspaper. (Exhibit H) Discover the Palm Beaches Visitor's Guide- A full page ad was placed in the Official Visitor's Guide 2016 will be distributed to all the major hotels in Palm. Beach County. (Exhibit I) Pirate Fest Signage — Signage went up the beginning of October to let the community know the Pirates are coming. 4x4 signs and 4x8 signs were installed with the new posts which gives the signs more of a finished look. (Exhibit 7 & K) Bar Coasters- 50,000 coasters were printed and handed out to bars in Palm Beach County as a marketing campaign for Pirate Fest. The front side is the Pirate Fest logo and the back sides are artwork donated by Don Maltz, an artist that specializes in Pirate paintings. (Exhibit L) FISCAL IMPACT: Budgeted in Project Fund 02-58400-445 & 02-58500-480 PROGRAM OR PROJECT: All CRA Programs and Projects Marketing & Business Development Exhibit A 'kWHICRA Exhibit B '1y ti BEST TACOS ,THESTATEJ.-C'" o. Ir RZ MIT i1 D"I -IW 25% OFF 11 Carch Yourself in !Z40KRA, BEST TACOS ,THESTATEJ.-C'" D"I -IW Boynton pe 4 c !Z40KRA, Catch Boynton.com • 5k61.735.7 55 FREE 2 DAY EVENT virateFest BBPirate F t.com Oct 24TH & 25 TH Pirate Fest OCt 24& 25 rtFt.com ..` & , lzr Mood 60fjsh BirFto OCT. 24 & 25 71, P irate Flr«h siryy. Pirate Fest OCt 24& 25 rtFt.com ..` & , lzr Mood 60fjsh BirFto OCT. 24 & 25 I 14 40 �iil HO III 01 FINU,"E'"2 DAYE,'VT1-7NT OcIldwr 24111 & ISTII I'M I Sunday, Uor. to 71mi j VI I f..'I like -.311"Itaillmem, chjldrcu�s 4a ctj vj i i:;.:+111171 iows I i vc m em mi ds &- sn u -i i i cl j n nrk�! 121) 1 im;l o cowl I ol'. -5N c kNemiitAi J pfra 3 T FREE 2 DAY EVENT I Oct 24TH& 25TH BBPirat Fest.c m oynton Harbor Marina CatchSoyntanxom . 561.735.7955 FREE 2 DAY EVENT r. pirate NO BBPirateFest.cm Oct 24 '`" s 25 T" I NVL,:,r Oct. 24th & 25th t'"l.BiRPirateFest-c° BOYNTON BEACH :RA CRA BOARD MEETING OF: Consent Agenda I I Old Business 1 1 New Business I I Legal I X I Information Only AGENDA ITEM: X. C. SUBJECT: Boynton Beach Martin Luther King Jr. Celebration SUMMARY: The Boynton Beach Dr. Martin Luther King, Jr. Committee has worked diligently to honor the memory of Dr. King and fulfill his dream of many individuals working collectively towards a common goal. This year, the Boynton Beach CRA is partnering with the MLK Committee to increase the impact of their month-long event. We are providing marketing, including, utility inserts, flyers, posters and postcards distributed throughout Boynton Beach. The CRA is organizing the Celebration of Unity event to take place on Saturday, January What 129 East Ocean Avenue, which will feature speakers, musicians and dancers. We are also working alongside the MLK Committee for their community service project to aid in the beautification and betterment of Boynton Beach. This partnership will help to bridge the gap between cultures, build community relationships and create a more unified city. The MLK celebration will take place over the entire month of January. The schedule of events includes: January 9t' MLK Grand Parade and Health Fair January 15th Music on the Rocks January 16th Celebration of Unity January 17'hCommemorative Dinner Banquet January 18'�' MLK Day of Service FISCAL IMPACT: Budgeted in fiscal year 2015-2016, line items 02-58480- $20,010; 02-58500- $150 CRA PLAN, PROGRAM OR PROJECT: Community Redevelopment Project, Heart of Boynton Redevelopment Project and Downtown Master Plan RECOMMENDATIONS: None, information only. Events, and Economic Development Assistant BOYNTON `IBEACH RA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only AGENDA ITEM: XIII. A. SUBJECT: Consideration of Preliminary Site Pian forthe Ocean Breeze East Development SUMMARY: On September 8, 2015, the CRA Board approved entering into a Purchase and Development Agreement with Related Urban Development Group (RUDG, LLC) for the development of a multi -family project on the CRA -owned Ocean Breeze site. The preliminary site plan contains 101 units within four buildings. The buildings are three stories tall and all have street fronts. There is also a club house and a tot lot. The preliminary site pian is consistent with the CRA Design Guidelines and the Heart of Boynton Community Redevelopment Plan Update. However, a more detailed site plan will not be prepared until RUDG is notified that they have been awarded a 9% tax credit allocation. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS: Review and comment on preliminary site plan. The final site plan will come before the Board if the project is approved for funding. Vivian L. Broo s Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT&Completed Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 201510BE Site Plan.docx 1a1�.9�Y vaIami'FC11l3e NO1Nhoe � 'M781SN3V35'NOOL �Miel�EI1 e 3Z332l9 NtlD0�R�€j III Win3 I e 133NIS .M 3N - I I ----------- I I � F I I a II 'i rn H I O z I o e..qq. 17 m i I I i � I III I .I I I f I I i I > I I I z W I I I I I I — h I W a I I I z I !I b I I I I I I I I I I I —177 TIT -r7 17 I I I I I m l I I I I I I I I i a ❑ I 'I I I I � I i I I I I I 3nN3AV 1S3aOtl3S Lc- Act li RA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I X I Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: XIII.B. SUBJECT: Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Related Urban Development Group (RUDG) for the Ocean Breeze East Project SUMMARY: At the September 8, 2015 CRA Board meeting, the CRA Board voted to approve the Purchase and Development Agreement between RUDG and the CRA for the CRA -owned site known as Ocean Breeze East. RUDG will be applying to the State of Florida for 9% tax credits to finance the multi -family development. A requirement of qualifying for the tax credit allocation is proof of a local government contribution either in the form of a grant or waiver of fees at a minimum of $75,000. The Board voted to provide RUDG with a grant of $75,000. However, the CRA cannot execute the required form (See Attachment 1). The form must be executed by the Mayor. Therefore, an Interlocal Agreement (ILA) is required between the City and CRA. The attached ILA (See Attachment 2) states that the CRA has approved a financial contribution of $75,000 in the form of a grant and that payment of the funds by the City will occur once RUDG provides proof of a 9% tax credit allocation. The CRA will reimburse the City within 30 days of payment of the funding to RUDG. FISCAL IMPACT: If the project receives a 9% tax credit allocation, the CRA will reimburse the City the $75,000. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS: Approve the Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Related Urban Development Group (RUDG) for the Ocean Breeze East Project — aQ� Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting7Y 2015 -2016 Board MeetingslOctober201Unterlocal RUDG OBE.docx ATTACHMENT 1 LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — GRANT FORM Name of Development: Ocean Breeze East Development Location: 700 N. Seacrest Blvd, Boynton Beach, Florida (At a minimum, providethe address number, street name and city, and/or provide the street name, closest designated intersection and either the city (if located within a city) or county (if located in the unincorporated area of the county). If the Development consists of Scattered Sites, the Development Location stated above must reflect the Scattered Site where the Development Location Point is located.) On or before the Application Deadline, the City/County of City of Boynton Beach committed (Name of City or County) $ 75,000.00 as a grant to the Applicant for its use solely for assisting the proposed Development referenced above. The City/County does not expect to be repaid or reimbursed by the Applicant, or any other entity, provided the funds are expended solely for the Development referenced above. No consideration or promise of consideration has been given with respect to the grant. For purposes of the foregoing, the promise of providing affordable housing does not constitute consideration. The commitment for this grant is effective as of the Application Deadline referenced above, and is provided specifically with respect to the proposed Development. The source of the grant is: Boynton Beach Community Redevelopment Agency Funds (e.g., SHIP, HOME, CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this commitment is effective at least through the date required in the applicable RFA. Signature Jerry Taylor Print or Type Name Mayor of Boynton Beata Print or Type Title This certification must be signed by the chief appointed official (staff) responsible for such approvals, Mayor, City Manager, County Manager/Administrator/Coordinator, Chairperson of the City Council/Commission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663, Florida Statutes, this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this form for certification of state, federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance authority, a community reinvestment corporation, or a state - certified Community Dousing Development Organization (CHDO). Other signatories are not acceptable. The Applicant will not receive credit for this contribution if the certification is improperly signed. To be considered for points, the amount of the contribution stated on this form must be a precise dollar amount and cannot include words such as estimated, up to, maximum of not to exceed, etc. If the Application is not eligible for automatic points, this contribution will not be considered if the certification contains corrections or `white-out' or if the certification is altered or retyped. The certification may be photocopied. Please note: This form may be modified by Florida Housing Finance Corporation per Section 67-60.005, F.A.C. (Form Rev. 01-14) RFA 2015-107 ATTACHMENT 2 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE PROJECT KNOWN AS OCEAN BREEZE EAST TO BE DEVELOPED BY RUDG, LLC., PURSUANT TO CHAPTER 420, PART V, 5093- 5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the day of 2015 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA (the "Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of seventy-five thousand dollars in the form of a grant contribution ( the "Grant") to assist the developer, RUDG, LLC, in the development of the Ocean Breeze East redevelopment project located at 700 N. Seacrest Boulevard, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay, on behalf of the CRA, the Grant to RUDG, LLC. (the "Grantee"), under the condition that the RUDG, LLC obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2016, and Page 1 of 6 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act'), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the $75,000 to RUDG, LLC consistent with the terms of this Agreement; or 2) the failure of RUDG, LLC to obtain award underwriting approval from Florida Housing Finance Corporation by June 30, 2016. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY on behalf of the CRA. Payment shall be made to RUDG, LLC 1) upon RUDG, LLC providing evidence that they have been awarded a nine percent (9%) low income tax Page 2 of 6 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the project property within the CRA known as Ocean Breeze East. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Improvements. Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 5.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Page 3 of 6 Section 9. VENUE 10.01 Any and all legal actions necessary to enforce the terms of this Agreement. shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a parry to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 13. NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Page 4 of 6 CRA: Vivian Brooks, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Section 14. INTERPRETATION 14.01 This 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida In Page 6 of 6 Jerry Taylor, Chair RESOLUTION NO. R15 - A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO RUDG, LLC FOR THE DEVELOPMENT OF A 9% TAX CREDIT DEVELOPMENT KNOWN AS OCEAN BREEZE EAST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to eliminate slum and blight and to facilitate the development of affordable housing within the Community Redevelopment Area; and WHEREAS, the proposed development known as Ocean Breeze East will help the Community Redevelopment Agency to achieve its goals; and WHEREAS, the developer of the Ocean Breeze East project, RUDG,LLC is applying for 9% Low - Income Housing Tax credits in November of 2015; and WHEREAS, the financial match of $75,000 required by the Florida Housing Finance Corporation allocator of 9% tax credits will be paid for by the Boynton Beach Community Redevelopment Agency; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the development of the Ocean Breeze East project on behalf of RUDG, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the Local Government Contribution required by Florida Housing Finance Corporation on behalf of RUDG, LLC developer of the Ocean Breeze East development, a copy of said Interlocal Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor—Jerry Taylor Vice Mayor—Joseph Casello Commissioner— Mike Fitzpatrick Commissioner—Mack McCray Commissioner David Merker ATTEST: Janet M. Prainito, MMC City Clerk A 9� CO { NT F/N�rir RA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I X j Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: XIII. C. SUBJECT: Consideration of Purchase and Development Agreement between Housing Trust Group and the CRA for CRA -Owned Properties on the South Side of Martin Luther King, Jr. Blvd. SUMMARY: At the September 8, 2015 CRA Board meeting, the CRA Board voted to accept Housing Trust Group's Letter of Intent for CRA -owned properties on the south side of Martin Luther King, Jr. Blvd (See Attachment 1) to develop a mixed-use project. The proposed project will help to implement the Heart of Boynton Community Redevelopment Plan (See Attachment 2). Staff was directed to bring back a Purchase and Development Agreement for the properties. Although Housing Trust Group's Letter of Intent requested the CRA property at no cost due to the cost of purchasing the remaining properties within the project site (See Attachment 3) the attached Purchase and Development Agreement (Attachment 4) has a provision that in the event that Housing Trust Group should purchase the non -CRA properties for less than $2,000,000 in total, the difference between the actual purchase price and $2,000,000 will be paid to the CRA for the purchase of the CRA property. The closing of the CRA property is contingent upon Housing Trust Group receiving a 9% tax credit allocation from Florida Housing Finance Corporation by May 31, 2016. The appraised value of the CRA properties is $575,000 (See Attachment 5). FISCAL IM PACT: A potential write off of $825,940 on land cost (See Attachment 6) plus payment of customary closing costs. Future TIF revenue from the project will be approximately $115,000 per year. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS: Approve the Purchase and Development Agreement between the CRA and Housing Trust Group for CRA -owned properties on the south side of Martin Luther King, Jr. Blvd. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151MLK South P & D Agree.docx Attachment 1 Housing Trust Group 3225 Aviation Avenue, Suite 602 Coconut Grove, Florida 33133 (305) 860-8188 • www.htitf.com • (305) 856-1475 fax August 28, 2015 VIA EMAIL Chairman Taylor, Boynton Beach Community Redevelopment Agency (the "Seiler") Ms. Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach FL 33435 Re; Purchase of 1.85 Acres of CRA Owned Land in Boynton Beach, Palm Beath County, FL Dear Chairman Taylor and Ms. Brooks, This letter of intent shall outline the general terms and conditions pursuant to which Housing Trust Group, LLC, a Florida limited liability company or its assignee ("HTG") would be interested in entering into an Agreement for Purchase and Sale (the "Agreement") upon the terms and conditions generally described below. Upon agreement of the terms and conditions generally outlined below, HTG will immediately prepare the Agreement for review and execution. 1, THE PROPERTY: Parcel 10s: 08434521100050050, 08434521100050090, 08434521100050100,08434521040000200,08434521100040050, 08434521100040060,08434521100040080,08434521100040090, 08434521100040100,08434521100040130 2. PURCHASE PRICE: $0.00 FINANCING PLAN: Seller acknowledges that HTG intends to submit an application for an allocation of competitive Low -Income Housing Tax Credits ("Tax Credits") from the Florida Housing Finance Corporation ("FHFC"). HTG is a qualified and experienced tax credit developer in the State of Florida. 4. INVESTIGATION PERIOD: HTG shall have an Investigation Period commencing upon execution of the Agreement and ending the earlier of. a) five (5) business days after receipt of an invitation to credit underwriting from FH FC for Tax Credits; or b) May 31, 2016. HTG shall be allowed to perform on-site investigations both during and after the Investigation Period, so long as the Agreement remains in effect. Page 1 of 2 5. CLOSING: Five (5) months after the expiration of the Investigation Period. 6. EXTENSIONS: HTG shall, at its sole option, be entitled to four (4) successive forty-five (45) day extensions (each an "Extension"). 7. REMOVAL FROM MARKET: Before the execution of the Agreement, Seller understands and acknowledges that HTG will incur various costs associated with certain due diligence activities. Therefore, for a period of thirty (30) days after the date of Seller's execution of this letter of intent and before the execution of the Agreement, Seller agrees not to conduct any activities related to marketing or selling the Property to others while the parties negotiate the Agreement in good faith. This Section shall be legally binding. 8. NATURE OF THIS LETTER OF INTENT: Except for the previous Section, this Letter of Intent is a non-binding expression of interest. It is understood and agreed that neither party shall be legally bound to the other, unless and until, the terms and conditions relating to this transaction are negotiated and incorporated into the Agreement, as signed by both parties. 9. REVOCATION OF OFFER: The offer contained herein shall be deemed to be null and void unless an executed copy of it is returned (via email, fax, or original) to Housing Trust Group on or before 5:OOPM, September 11, 2015. If you have any questions on this matter, please contact Allan Schnier at (561) 289-4096. Sincerely, HOUSING TRUST GROUP, L Matth& iegkr, Manager AGREED TO AND ACCEPTED this day of 2015. Seller: Boynton Beach Community Redevelopment Agency Name: Title: Page 2 of 2 Attachment 2 2. rylLK COMMERCIAL CENTER 11 ARI 111 lJON!N 11i :* ; titisl R PI 41 �w ■�E loll 4166 ���xa tiu, +1�ur ti.r hF Rep %IIK 10%1%11 RI"i,1i i I N i I N The proposed MILK Commercial Center is consistent with the recommendations of the 2001 Heart of Boynton Plan, which emphasized the need for neighborhood services such as a grocery store, discount stores, restaurants etc. at the intersections of Martin Luther King, Jr. Boulevard with Seacrest Boulevard and with Federal Highway. The need for these services still exists today. The challenge to the development of these sites is the ability of the public and private parties to assemble land in sufficient quantity for commercial development_ While the CRA owns many parcels, its ownership is interspersed by private ownership. 3. OCEAN BREEZE EAST MIXED USE DEVELOPMENT The proposed Ocean Breeze East development is planned for the eastern portion of the site of the Boynton Terrace multi -family project that was destroyed by the 2006 hurricanes. The 4.5 -acre, GRA -owned site is proposed as a multi -family use with a small commercial retail component facing Seacrest Boulevard. The architectural design will complement the surrounding community. The CRA will recommend that a Request for Proposals (RFP) for a project developer be issued in spring of 2414. 43 T h ir H v di r I ti I Fit;,� ill � n C u nj Al to fi i I v R ed c v i; -, ts nj -v n I P I a i d U U m . m A 0114 e V" &PYMUR §W*ZJb C#AAI I C,I 7 WA a y1_'. P�a I" .4p. Fa -.%:V. W- low. L 140ow f P W"s rdis M 'i PLAE IW 4vic m . m A Legend birm;10 Fanly Ught Industrizi Commit eal I M ulfi-Fan* Ratrambon Mkilt-Fewdly I Commmial C3Tranist-Orlented WvQlopmont District tmwndary V Q mk from lhv downtown station i f, Nwyb"s 1.0' in alude fana use chanu. - 50 e V" Legend birm;10 Fanly Ught Industrizi Commit eal I M ulfi-Fan* Ratrambon Mkilt-Fewdly I Commmial C3Tranist-Orlented WvQlopmont District tmwndary V Q mk from lhv downtown station i f, Nwyb"s 1.0' in alude fana use chanu. - 50 Attachment 3 t1r,IF9q r�34'ar�I51- � OW Attachment 4 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 HOUSING TRUST GROUP, LLC, or its affiliate assignee (hereinafter "PURCHASER", and together with the SELLER, the "Parties"). In consideration of TEN AND 001100 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 OF PROPERTY. It is PURCHASER's intention to acquire all parcels as listed and depicted in the attached Exhibit "A" (hereinafter the "Project Area"} Seller is the owner of the listed and highlighted parcels within the Project Area as set forth in the attached Exhibit "B" (hereinafter the "Property") and agrees to sell and convey to PURCHASER said parcels on the terms and conditions set forth herein. 2. PURCHASE PRICE AND PAYMENT. PURCHASER and SELLER have agreed to an overall land acquisition budget of Two Million Dollars ($2,000,000.00) for the purchase of all parcels within the Project Area. PURCHASER shall provide to SELLER purchase agreements for all parcels within the Project Area not owned by SELLER listed and depiteted in Exhibit "C" (hereinafter "Third Party Parcels' } and a Purchase Price for the SELLER owned parcels in Exhibit "B" shall be calculated by subtracting the sum of all Third Party Parcel contracts from the Two Million ($2,000,000.00) acquisition budget (the "Purchase Price."). The Parties acknowledge that this could result in a nominal purchase price for the Property. PURCHASER understands and agrees that this calculation shall be utilized notwithstanding PURCHASER's failure to acquire all parcels within the Project Area. 3. DEPOSITS. An Initial Deposit in the amount of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent D within five (5) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. 3.1 Second Deposit. An additional deposit in the amount of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) which together with the Initial Deposit shall be referred to as the "Deposit" shall be deposited with the Escrow Agent, at the end of the Inspection Period. The Deposit shall be non-refundable to PURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing; (ii) failure by PURCHASER to obtain a tax credit allocation (as described in Paragraph 7 below); (iii) upon default by SELLER hereunder; or (iv) failure of PURCHASER to obtain the items described in subparagraphs 5(a) and (c) below. At closing, the Purchase Price shall be payable in cash, less the Deposit, and subject to proration and adjustments set forth herein. oo54 FINAL. and APPROVM (aa of 10107/15) PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 17 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 this Agreement. 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a) PURCHASER obtaining site plan approval from the City of Boynton Beach, Florida (the "City") to build up to 100 residential units for occupancy by low income households along with commercial retail space on on the first floor on theProject Area. b) Prior to the expiration of the Nine Percent (9%) Tax Credit Allocation Period (as hereinafter defined), PURCHASER receiving an invitation to underwriting for an award of low-income housing tax credits ("LIHTC") from the Florida Housing Finance Corporation ("Florida Housing"); and c) Seller delivering marketable title to the Property subject only to those title exceptions acceptable to the PURCHASER, all as more specifically set forth herein. 6. NINE PERCENT (9%) TAX CREDIT APPLICATION PERIOD. Prior to the last date of the applicable Florida Housing Request for Applications, in response to which the PURCHASER submits an application for LIHTC's that includes this Agreement, which is estimated to be not later than November 5, 2015 (the "Tax Credit Application Period), the PURCHASER shall apply for an allocation of 9% LIHTC's from Florida Housing (the "Allocation"). 7. ALLOCATION. PURCHASER shall have until May 31, 2016 in which to obtain the Allocation. The Allocation shall be evidenced by an invitation to underwriting issued by Florida Housing. In the event PURCHASER does not receive the Allocation and does not wish to proceed with the acquisition of the Property, the Deposit shall be fully refundable to PURCHASER within five (5) business days after PURCHASER provides written notice to SELLER that it has failed to obtain the Allocation. 8. CLOSING DATE. The Closing shall take place on the sooner to occur of (i) One Hundred and Eighty (180) days from Allocation approval, if PURCHASER obtains an Allocation or (ii) if PURCHASER fails to obtain an Allocation but nonetheless waives all conditions precedent regarding the Allocation and desires to proceed to Closing, then on the date which is ninety (90) days following the expiration of the Tax Credit Allocation Period. 8.1. Closing Extensions. PURCHASER shall have the option to purchase from SELLER two (2) thirty (30) day extensions of the Closing Date ("Closing Extension') for the sum of Twelve Thousand and Five Hundred Dollars and 00/100 ($12,500) each, which shall be non- refundable to PURCHASER except for SELLER' S default. Buyer shall receive a credit against its obligation to pay the Purchase Price hereunder in an amount equal to the aggregate the Closing Extension payment(s). 0056M -I FINAL and AMOVID (aa of I(l07/15) PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 17 9. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special 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 10.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 10. INVESTIGATION OF THE PROPERTY. For a period of two hundred and ten (210) days from Effective Date ("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 an unreasonable 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 environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. 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 with reasonable wear and tear expected, 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 with reasonable wear and tear expected; 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, reasonable 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. 10.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: any existing title policies, appraisals; 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, copies of all permits, authorizations and approvals issued by Governf'nental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 00566023.1 FINAL end APPROVED (s of 10107/15) PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 17 10.2 Title Review. Within ten (10) days of the Effective Date, PURCHASER 'S counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") 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 fifteen (1 S) days after receipt of the Title Commitment 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 to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages, judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the "Mandatory Objections"), which may, at SELLER'S election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory 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 at no cost to PURCHASER, 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, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objet#ons 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. 10.3 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 11100th 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 M6=4 .. FINAL end APMVM (a of 10107!15) PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 17 Section 7.2 concerning title objections. 11. 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: 11.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 11.2 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 11.3 CoMUance 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. 11.4 Construction Permit Approval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 12. 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. 12.1 Deed and Authorizing Resolutions. SELLER shall furnish 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, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. 12.2 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, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, 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 00566423.1 FINN. mid APPROVED (as of 10M7115) PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 17 is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 12.3 Closina Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 12.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 12.5 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. 13. PROBATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 13.1 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 party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $1,000. 13.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 13.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and proration set forth herein. SELLER and PURCIIASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The CIosing 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. 13.4 Existing Mortaages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained," satisfaction or release of record of all mortgages, lien and judgments applicable to and encumbering theProperty. 14. REPRESENTATIONS COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing 00566013-1 FINAL and APPROVED (as of 10107/11) PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 17 Date, as follows: 14.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents avalid and binding obligation of SELLER. 14.2 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). 14.3 Litigation. There are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 14.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Land. 14.4 Acts Affecting Property. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. Seller has not violated any applicable environmental laws affecting the Property, including, without limitation, any laws relating to toxic and/or hazardous wastes as defined by Federal or Florida law. 15. DEFAULT. 15.1 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, SELLER shall be entitled to retain the Deposit, and 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. 15.2 SELLER'S Default. In the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder or (ii) seek specific performance. 005_, FINAL and APPROVED (m of lao7Rs) PURCITASE AND DEVELOPMENT AGREEMENT Page 8 of 17 15.3 Notice of Default. Yrxor 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. 15.4 Survival. The provisions of this Section 15 shall survive the termination of this Agreement. 16. 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, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Purchaser: HOUSING TRUST GROUP, LLC Matthew Rieger 3225 Aviation Avenue, Suite 502 Coconut Grove, FL 33133 17. 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. This Agreement may be freely assigned by PURCHASER to an affiliate assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. 18. 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 receive a refund of ODS66023-1 FINAL mid APPROVED (m of IOW115) PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 17 the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (IS) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER 19. 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. 20. 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. 21. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a mixed-use development. 21.1 Seller Design Approval. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans to the SELLER for review prior to submission to the City for approval. SELLER shall provide comments or approval ofthe design to PURCHASER at its next regularly scheduled Board meeting after PURCHASER submits plans for approval. 21.2 Required Proiect Improvements. PURCHASER shall incorporate the following design improvements into the Project based on reasonable approval and discretion of Purchaser: W%6023-1 FINAL end APPROVED (43 o£10Po7/15) PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 17 a) The Project shall have a 8' sidewalk constructed around the entirety of the Project within the public right-of-way. b) The Project shall install streetlights approved in design by the SELLER and City, placed outside the perimeter of the Project in the City right-of-way at intervals according to the City code. c) The Project shall have trees in species and caliper approved by the City and SELLER installed outside the perimeter of the Project within the City right-of-way at intervals acceptable to the City and SELLER. 21.3 Limitation on Use of Property. SELLER acknowledges that the Property will be rezoned to Mixed -Use Low 2. 22. DEVELOPMENT TIMELINE. The following events must be documented in writing and provided to the SELLER upon completion of each action (collectively the "Project Elements"). a) Submission of application to the City for conceptual site pian approval within ninety (90) days following the Effective Date. b) Achievement of preliminary site plan approval by the City by May 31, 2016. c) Approval of financing for the Project including the construction loan and permanent financing commitment in an amount sufficient to develop the Project no later than eighteen (18) months following the Effective Date. PURCHASER shall provide SELLER proof of financing for the Project within this timeframe. d) Submission of construction documents to the City for a building permit within Six (5) months following receipt of a binding commitment for the syndication or sale of LIHTC's. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. e) Groundbreaking ceremony and commencement of construction shall occur within two (2) months following the issuance of a building permit. SELLER will be in attendance at the ceremony and participate in its planning. f) Temporary or permanent certificate of occupancy to be provided within eighteen (18) months following building permit issuance. 22.1 Default with Re and to Pro'ect EIements. If one or more of the required Project Elements is not achieved as required in this Section and/or if the timeline outlined herein is not met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same and which approval shall not be reasonably withheld, then (a) if such events are contemplated to occur following the Closing but fail to occur as required, then the PURCHASER shall be required to reconvey the Properly to OW56W23-1 FINAL and APMVED (a of IWII5) PURCHASE AND DEVELOPMENT AGREEMENT Page 11 of 17 the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement and (b) if such events are contemplated to occur prior to Closing but fail to occur as required, then it shall be a default hereunder and treated as provided in Section 15, above. The parties understand and agree that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder. 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. 23. A USCELLANEOUS. 23.1 General. This Agreement, and any amendment hereto, maybe 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 shallnot be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement sha11 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. 23.2 Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 23.3 Waiver. Neither the failure of a party to insist upon 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. 23.4 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 00556023-1 FINAL and APPROVED (ee of 1W07115) PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 17 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. 23.5 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. 23.6 Handwritten Provisions. Handwritten provisions insetted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 23.7 Waiver of Jury Trial. 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. 23.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions ofthis Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 23.9 Binding Authority. Each parry hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER 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. 23.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. 23.11 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 Deed and PURCHASER'S possession of the Property. 23.12 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. 23.13 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 connection with this Agreement; 00566m -t FINAL and APPROVED (ae of 1=7115) PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 17 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 and providing 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. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. 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. SIGNATURES APPEAR ON FOLLOWING PAGES 00566023.1 MAL and APPROVED (ai of MOMS) PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER HOUSING TRUST GROUP, LLC By: Print Name: Title: Date: Witnesses Printed Name: Printed Name: Approved as to form and legal sufficiency: CRA Attorney 00566033-I FINAL, and APMVED (-of I0/07II5) SELLER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Jerry Taylor Title: Chair Date: Witnesses Printed Name: Printed Name: PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 17 EXHIBIT "A" "PROJECT AREA" OOS66023-1 FWAL and APPROVED {u of 10107115) PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 17 EXHIBIT "B" "PROPERTY" • 118 E. Martin Luther King Jr. Blvd, - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests • 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 91h Ave. - 08-43-45-21-10-004-0050 - Lot 5, B& 4, PB Country Club Ests • 123 NE 9111 Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests • 129 NE 9'h°Ave. - 08-43-45-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests • NE 99' Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 91' Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 91h Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests 00566013-1 FINAL and APPROVED (as of 10/07/15) PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 17 E,X=IT "C' "THIRD PARTY PARCELS" m Finkelstein Fl ledi *JV 00566025-1 FINAL end APPROVED (o of 10107!15) Attachment 5 APPRAISAL OF TEN INDIVIDUAL LOTS AS PART OF AN ASSEMBLAGE LOCATED ON MARTIN LUTHER KING JR. BOULEVARD AND NORTHEAST 9TH AVENUE BOYNTON BEACH, FLORIDA 33435 FOR VIVIAN BROOKS, EXECUTIVE DIRECTOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY ROBERT B. BANTING, MAI, SRA CERT GEN RZ4 AND GARY K. ORR CERT GEN RZ2335 WITH ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 DATE OF INSPECTION: FEBRUARY 16, 2015 DATE OF REPORT: FEBRUARY 27, 2015 DATE OF VALUE: FEBRUARY 16, 2015 FILE NO.: 2150066.000 CLIENT REFERENCE: MARTIN LUTHER KING JR. BLVD. LAND PARCELS 3, 6, 7, 8,12,13,15,16,17, & 20 ANUMSCN & C PPP INC. KKKK«KKK«KKKKaaaKKKKKKKK((KKKKKKKKKKKKKK Appraisers • ReA1tOlS»»»)>»»»»Y))>»»»»»»»»N»»NN»NW»»»»»»»))»»»)> 521 South Olive Avenue West Palm Beach, Florida 33401-5907 www.andeisoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 Quality Service Since 1947 February 27, 2015 Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Dear Ms. Brooks: Pursuant to your request, we have personally appraised the real property being 10 individual lots as part of an assemblage for redevelopment. The subject property is located along East Martin Luther King Jr. Boulevard and Northeast 9th Avenue, Boynton Beach, FL, 33435. The purpose of this narrative appraisal is to estimate the market value of the fee simple estate of the subject property, as if part of a larger assemblage, as of February 16, 2015. The intended use of the report is to assist the client and intended user in establishing a selling price. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. The subject property consists of 10 individual vacant lots. Three of the lots are adjoining and seven are adjoining but these two larger tracts are non-contiguous. At the clients request we are assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment. The subject property is located in a key area of the CRA's Heart of Boynton redevelopment plan. Over the past 10 years or so the general area has experienced significant strides in neighborhood revitalization. The subject immediate area of North Seacrest Boulevard and Martin Luther King Jr. Boulevard is planned for near future mixed-use redevelopment. Just west of the subject a new Family Dollar is planned and the subject along with adjoining properties is planned for residential development. We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. ANUERSCN & CARR, INC. Vivian Brooks Page 2 February 27, 2015 As a result of our analysis, we have developed an opinion that the market value of the fee simple estate (as defined in the report), as if assembled with adjoining properties, subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of February 16, 2015 was: MURKET VALUE: $575,000 The following presents our analysis and conclusions in a narrative appraisal report. This letter must remain attached to the report, which contains 59 pages plus related exhibits, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions contained within this report. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA Cert Gen RZ4 Gary K. Orr Cert Gen RZ2335 RBBIGKO:cmp Martin Luther King Jr. Blvd. Land Pareels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 ANDERSON & CARR, INC. TABLE OF CONTENTS Page No. Summary of Important Facts and Conclusions......................................................................................................1 Certification..............................................................................................................................................................3 Assumptions and Limiting Conditions...................................................................................................................4 Subject Property Photos (February 16, 2015).......................................................................................................7 Area/Location Maps...............................................................................................................................................14 ParcelMap..............................................................................................................................................................15 AerialPhotographs.................................................................................................................................................16 Purposeand Date of Value...................................................................................................................................18 PropertyAppraised................................................................................................................................................18 LegalDescription...................................................................................................................................................18 Disclosureof Competency.....................................................................................................................................18 IntendedUse and User..........................................................................................................................................18 Client........................................................................................................................................................................18 Definitions...............................................................................................................................................................19 PropertyRights Appraised....................................................................................................................................19 TypicalBuyer Profile..............................................................................................................................................19 Scopeof Assignment..............................................................................................................................................19 PalmBeach County Summary ...............................................................................................................................21 NeighborhoodSummary ........................................................................................................................................28 PropertyData..........................................................................................................................................................30 TaxpayerOf Record...........................................................................................................................................30 Palin Beach County Property Control Numbers..............................................................................................30 AssessedValue And Taxes For 2014................................................................................................................30 CensusTract........................................................................................................................................................31 FloodZone Designation....................................................................................................................................31 Zoningand Future Land Use............................................................................................................................32 Concurrency........................................................................................................................................................35 Utilities................................................................................................................................................................35 SubjectProperty Sales History ..........................................................................................................................35 SiteAnalysis........................................................................................................................................................35 HighestAnd Best Use............................................................................................................................................38 ExposureAnd Marketing Time.............................................................................................................................39 SalesComparison Approach.................................................................................................................................40 SalesSummary and Discussion..........................................................................................................................56 Conclusion...........................................................................................................................................................59 Robert B. Banting, MAI, SRA, Cert Gen RZ4 Gary K. Orr, Cert Gen RZ2335 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 ANDERSON & CARR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Boynton Beach Community Redevelopment Agency Intended User: Boynton Beach Community Redevelopment Agency Taxpayer of Record: Boynton Beach CRA Property Rights Appraised: Fee Simple Estate Special Assumptions Reference: Subject lots are part of �i larger assemblage of land for redevelopment Unusual Market Externality: None Location: East Martin Luther King Jr. Boulevard and Northeast 9th Avenue just east of North Seacrest Boulevard, Boynton Beach, Florida Site/Land Area: 80,776 square feet / 1.85 acres Improvements: Vacant land Zoning: C2 (Neighborhood Commercial) and R2 (Single & Two Family Residential) by City of Boynton Beach Land Use Plan: LRC (Local Retail Commercial) and MEDR (Medium Density Residential) by City of Boynton Beach Flood Zone & Map Reference Zone C, Community Panel Number 120196-0004-C, effective date of September 30, 1982 Current Use: Vacant Highest and Best Use: Mixed Use Exposure Time: 6 to 12 months Marketing Time: 6 to 12 months Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 1 ANUERSCN & CARR, INC. Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $575,000 MARKET VALUE: Date of Inspection: Date of Report: Date of Value: Appraisers: $575,000 February 16, 2015 February 27, 2015 February 16, 2015 Robert B. Banting, MAI, SRA Cert Gen RZ4 Gary K. Orr Cert Gen RZ2335 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 2 ANDERSON & CARR, INC. CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Gary K. Orr and Robert B. Banting, MAI, SRA have made a personal inspection of the property that is the subject of this report. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. Robert B. Banting, MAI, SRA Cert Gen RZ4 Gary K. Orr Cert Gen RZ2335 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, S, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 3 ANDERSON & CARR, INC. ASSUMPTIONS AND LIMITING CONDITIONS I. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub -soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 4 ANDERSON & CARR, INC. 10. The contract for appraisal, consultation or analytical service is fulfiIIed and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post -appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in fall compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a nonconformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 5 ,ANDERSON & CARR, INC. 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, Boynton Beach Community Redevelopment Agency. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 21. The subject property consists of 10 individual vacant lots. Three of the lots are adjoining and seven are adjoining but these two tracts are non-contiguous. At the clients request we are assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment. 22. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 6 ANDERSON & CARR, INC, SUBJECT PROPERTY PHOTOS (FEBRUARY 16, 2015) 1'ro n t o t Parcel 3 on Martin Luther King Jr. Boulevard Front of Parcel 6 on Martin Luther King Jr. Boulevard Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 7 ANDERSON & CARR, INC. Front of Parcel 7 on Martin Luther King Jr. Boulevard Front of Parcel 8 on Martin Luther King Jr. Boulevard Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 8 ANDERSON & CARR, INC. Ftont of Parcel 12 on Northeast 9" avenue Front of Parcel 13 on Northeast 9' Avenue Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 9 IL A f: - fta A ti -VII. ANDERSON & CARR, INC. Front of Parcel 20 on Northeast 9`b Avenue Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16, 17, & 20 A&C Job No.: 2150066.000 11 ANDERSON & CAI?1?, INC. View looking east on Martin Luther King Jr. 1 SoulevaFd with Parcels 3, 6, 7 and 8 on the right View looking west on Martin Luther Kang Jr. Boulevard with Parcels 3, 6, 7, and 8 on the cert Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 12 ANDERSCN & CAMP, INC. View looping east on Northwest 9' Avenue with Parcels 12, 1:-. 15.16,17. and 20 on die left View looking west on Northeast 9" Avenue with Parcels 12, 13, 15, 16, 17, and 20 on the right Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 13 ANDERSON & CARR, INC. AREA/LOCATION MAPS .rr,,, Gnewry fihnl WlerMy lFrE 1i a �7 EeMree� � r Aladia, Are cJ . tiw # vAe mft Ilhd usrms�r,+ � %p 9 O:dlarr:weei f rr ' Eleech' 1 ; }o, finch 8Nd �" I Pr�leee4ty r+ ?� ; v u.: w waemn9m fw Gaff Ad Subject xr E 4 fit 7l1� Ewaabftk Rd 4 Ive Sl xar tw I {rt° 6�• ��-1��1 � b i sW ISO a ` NEE y9 Ocean WetDe �t _ I,ti,bw NW IN, Ar! NW137hwvr Fmdw., N113th Avr ,l� axgi f! NW :tih Alli = VE 'Ah Are A sdT MY1hh A,* i. NE 11th Awcy. sct.nf eerr %41h,w— �} 3 I kYml "°'"i enehp T; � mwft Are g x { rF s hAre IC M a,t:.. , x NE71hAve Subject OWRapegan °q a ,1 I 4 _..yea S3SN RNI M,:: err Z NE 6M A" r Ylid"I >: VW ilh 4wr [nql►+ I NE den Art u _ _ yl B1� .;A::': �.::• `sail �. NW IW Ave I w fin, Fisseh ts::aeu L »_,x. CxamnU wOeeen Axe 6M :S, - !! W own Are -� O'p ha:i E A'lei h t'Pesw lst Q t 1` 3<mlu #,4+. i e, kwp E OCeeel Are SAN hi Aw F;�NW66p Ave .pt.SSW2eWAve i.• � � f � � w+ SW3ti A.e� � 4enn•rea F -t 57 , nen .{, `J V S v i 1 Sw kh Aw 3 I SE 4th Ave 3 I w AnA SINSfhAw SW Stle Ave - I sW 6M A" yy rq, Are vbet SW7W Ave SE 71e Avei W4 . .. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15, 16,17, & 20 A&C Job No.: 2150066.000 14 Subject xr E 4 fit 7l1� Ewaabftk Rd 4 Ive Sl xar tw I {rt° 6�• ��-1��1 � b i sW ISO a ` NEE y9 Ocean WetDe �t _ I,ti,bw NW IN, Ar! NW137hwvr Fmdw., N113th Avr ,l� axgi f! NW :tih Alli = VE 'Ah Are A sdT MY1hh A,* i. NE 11th Awcy. sct.nf eerr %41h,w— �} 3 I kYml "°'"i enehp T; � mwft Are g x { rF s hAre IC M a,t:.. , x NE71hAve Subject OWRapegan °q a ,1 I 4 _..yea S3SN RNI M,:: err Z NE 6M A" r Ylid"I >: VW ilh 4wr [nql►+ I NE den Art u _ _ yl B1� .;A::': �.::• `sail �. NW IW Ave I w fin, Fisseh ts::aeu L »_,x. CxamnU wOeeen Axe 6M :S, - !! W own Are -� O'p ha:i E A'lei h t'Pesw lst Q t 1` 3<mlu #,4+. i e, kwp E OCeeel Are SAN hi Aw F;�NW66p Ave .pt.SSW2eWAve i.• � � f � � w+ SW3ti A.e� � 4enn•rea F -t 57 , nen .{, `J V S v i 1 Sw kh Aw 3 I SE 4th Ave 3 I w AnA SINSfhAw SW Stle Ave - I sW 6M A" yy rq, Are vbet SW7W Ave SE 71e Avei W4 . .. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15, 16,17, & 20 A&C Job No.: 2150066.000 14 ANDERSON & CARR, INC. PARCEL MAP Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 15 ANDERSON & CARR, INC. PURPOSE AND DATE OF VALUE The purpose of this appraisal is to estimate the market value, fee simple estate, of the subject property, assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment, as of February 16, 2015. PROPERTY APPRAISED The subject property consists of ten individual vacant lots totaling 1.85 acres located along the south side of East Martin Luther King Jr. Boulevard and the north side of Northeast 9th Avenue. The parcels fronting Martin Luther King Jr. Boulevard are zoning for neighborhood commercial use and total 1.08 acres. The lots along Northeast 9t' Avenue are zoned for multiple family residential use and total 0.77 acres. LEGAL DESCRIPTION The legal description for the subject property was Lots 5, 6, 8, 9, 10, and 13, Bock 4, and Lots 5, 9, and 10, Block 5, Palm Beach County Club Estates, Plat Book 11, Page 43, and the South 100 feet of the West 5 feet of Lot 20 and Lots 21 and 22, Less the North 10 foot road right-of-way, Robert Wells Subdivision, Plat Book 11, Page 66, Palm Beach County, Florida (county property appraiser records). DISCLOSURE OF COMPETENCY Per the Competency Rule contained within the Uniform Standards of Professional Appraisal Practice, the appraisers hereby affirm that they are competent to complete the appraisal assignment for which they have been engaged by the client. INTENDED USE AND USER The intended use of this report is to assist the client and intended user in establishing a selling price. The intended user of the report is Boynton Beach Community Redevelopment Agency This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. CLIENT Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16, 17, & 20 A&C Job No.: 2150066.000 18 ANDERSUN & CARR, INC. DEFINITIONS Market Value The most probable price which io property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). Hypothetical Condition A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, Iegal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis (USPAP, 2012-2013 ed.). PROPERTY RIGHTS APPRAISED The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat (The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). TYPICAL BUYER PROFILE We found that buyers of similar properties in this market are primarily investors who are purchasing property in this urban infill area for development or assemblage for potential redevelop. The sales comparison approach reflects the actions of typical buyers. SCOPE OF ASSIGNMENT The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and determined only the sales comparison approach to be applicable in this assignment as the subject property is vacant land. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 19 ANDERSON & CARR, INC. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser's public access system and the Palm Beach County Clerk's Office, as well as subscription based information services such as CoStancom and RealQuest.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. We inspected the exterior of the subject property and the comparables. Physical data pertaining to the subject property was obtained from an inspection of the premises and public information sources such as the Palm Beach County Property Appraiser's records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk's and Tax Collector's offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 20 ,ANDERSON & CARR, INC. PALM BEACH COUNTY SUMMARY O L A U E S i M A R T I N[I} a lark Gael Nmee9ei� kd 11W_ - A M [ a [ [ [ [ • [ a [ I [ W [ ►leen Nwen_ � � �paFokee ` � '��[Ile` Poeel� Oreo 1p} 14W° 'RIMn4F Sa-.mac:vr--1 womb II II L b R I II A i P A L SE A H file[IYICM �7mTlra�a Vom E l Gil Y 4e0m&!xmrAc9 Laino- calm Ka mil :•aeL --_ - ftffk.� _ - — _.}. _ — �. ,... . ..- ... • ice. ........ Coram �l�Bp � �Ppapano9a[Ch l4glentli 1 .•.. � ,r_�u Er•r•Yi••T'dl^,l•trlttagxmt€[15msa MM'yrt� +q[�w. CrMl[ •Q O L L I E•R r'Yr :"'1 R R 4 W A R O [ e•[sk •al�rc• - i Of . iflHa•Ct l'rc!*ia+a ""•,n �w....rY 6aWM park Geography * 1 ! • ! c 4 e • • Palin Beach County is located along Florida's Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The county is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. Palm Beach County encompasses approximately 2,203 square miles with roughly 1,974 square miles of land area, 229 square miles of water, and 47 miles of coastline. The local weather features an average high temperature of 83 degrees and an average low temperature of 67 degrees. The average annual rainfall is 61 inches. According to the U.S. Census Bureau's 2013 estimate, Palm Beach County has a population of 1,372,171; an increase of 3.9 percent from the 2010 census statistics of 1,320,134. The vast majority of the county's growth has been a result of in -migration from the northern states as well as from Miami -Dade and Broward Counties to the south. Palin Beach County ranks as the third most populous county in Florida behind Miami -Dade and Broward Counties. The county includes 38 incorporated municipalities; the largest of which is West Palm Beach, the county seat. Boca Raton, located at the south end of the county, is the second largest city and one of the highest income retail trade areas in the United States. The coastal towns of Palm Beach, Gulf Stream, and Manalapan are some of the wealthiest communities in the United States. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 21 ANDERSON & CARR, INC. Transportation Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, then continues along the Eastern Seaboard to Maine. Florida's Turnpike also passes through the county and provides connections to the north central area of the state and Miami to the south. Other north/south highways include A1A, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. There are numerous local east/west roadways with Southern Boulevard providing access to the western portions of the county, as well as Florida's West Coast. The expanded Palm Beach International Airport is conveniently located to provide air service to and from Palm Beach County. The airport's growth necessitated a direct access overpass interchange with 1-95 which significantly improved ingress and egress for PBIA. Other transportation services in Paha Beach County include the Florida East Coast Railway for rail service and The Port of Palm Beach for the shipping and cruise industries. Tri -Rail provides commuter service through Miami -Dade, Broward, and Palm Beach Counties. Palm Beach County provides a bus service for transportation throughout the county and several of the local municipalities have various forms of local downtown transportation including trolley service and electric cars. Economy The unemployment rate in Palm Beach County reached a peak of 12 percent in July 2010. As of November 2014, the unemployment rate was 5.2 percent according to the U.S. Bureau of Labor Statistics. This is down -1.3 percent from the November 2013 unemployment rate of 6.5 percent. Tourism is the county's leading industry, employing over 70,000 people and generating about two billion dollars annually. The other multi- billion dollar industries are construction and agriculture. All three industries experienced some decline due to economic conditions from 2007 until the middle of 2011. The economy began to stabilize in mid -2011 and these industries continued to experience signs of recovery through year end 2014. The largest employer in Palm Beach County is the Pahn Beach County School Board, the fifth largest school district in Florida and the eleventh largest in the continental United States, with 21,449 employees and a $2.37 billion dollar budget for the 2014-2015 school year. The five largest private sector service producing employers according to the Business Development Board of Palm Beach County's PROFILE 2014 Business Annual are shown in the following table. FIVE LARGEST PRIVATE SECTOR EMPLOYERS Employer a of Business Employees Tenet Healthcare Corp. Healthcare 6,100 NextEra Energy, Inc. FP&L parent co. Utilities 3,804 G4S SecurityServices 3,000 Hospital Corporation of America Healthcare 2,714 Bethesda Memorial Hospital Healthcare 2,643 Palm Beach County's favorable economic profile is partially defined by its biotech sector; however, a growing educational sector has emerged to enhance the economic base. Colleges and universities in the county include Palm Beach State College, two Florida Atlantic University campuses, Palm Beach Atlantic University, and Lynn University. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.. 2150066.000 22 ASUIMSCS & CAM, INC. Residential Real Estate Em: F rut idaRealtors .1019 21112 2013 P,, sw—itL*1 J fill a 'all L. 7'] r Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 23 14" 30JU zau 17M 4A 22,6:7 =ASS I" 1k 1.7,7I4 2S.fSi 353M WSAO $m4m 421 .147? 3�17 UVAR U.6% 5.2% WAS -a V- 7AF1 56214 ll a FK2 7A% 2010 2011 21P12 2W .1019 21112 2013 P,, sw—itL*1 J fill a 'all L. 7'] r Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 23 ANDERSON & CARR, INC. Commercial Real Estate According to the Marcus and Millichap 2014 Report, "The market is making steady progress in its recovery, as vacancy has declined more than 300 basis points from the high point, but some obstacles remain." Despite positive economic trends, the occupancy rate has not reached prerecessionary levels. Local investors, however, have remained active and there has been an increase in the number of sales of assets selling for less than $10 million. The construction forecast for 2014 calls for significant increases in building, from 50,000 square feet in 2013 to 120,000 square feet in 2014. Unemployment figures are expected to continue the trend of decreasing, while rental rates are forecast to increase. Vacancy rates are also on the decline. In all, the forecast for 2014 is positive. According to CoStar's Year End 2014 data, the Palm Beach County commercial real estate market has experienced little change with specifics of each property class as follows. Office The total vacancy rate for the Palm Beach County office market fourth quarter 2014 decreased to 14.5 percent. Rental rates averaged $26.29per square foot, a slight decrease from the third quarter. Net absorption for the fourth quarter 2014 was positive 398,620 square feet. Vacant sublease space increased in the quarter ending at 94,684 square feet. Five buildings totaling 147,691 square feet were delivered in the quarter, with 55,590 square feet still under construction. Total Office Market Statistics Year-Fnd 2014 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 24 ANDERSON & CARR, INC. Industrial The Palm Beach County industrial market ended the fourth quarter 2014 with a vacancy rate of 5.6 percent, down from 5.9 in the previous quarter. Rental rates ended the fourth quarter 2014 at $8.90 per square foot, a decrease from the previous quarter. Net absorption was positive 83,002 square feet in the fourth quarter 2014. Vacant sublease space decreased ending the quarter at 192,272 square feet. There was a total of 745,634 square feet remaining under construction at the end of the year. Total Industrial Market Statistics Year -End 2014 sW�CO5Mr•3 Retail The Palm Beach County retail market experienced a slight improvement in market conditions in the fourth quarter 2014, with the vacancy rate going from 6.3 percent to 6.1 percent. Average quoted rental rates increased from the previous quarter to $18.42 per square foot. Vacant sublease space increased by 30,040 square feet. The fourth quarter 2014 net absorption rate was a positive 476,660 square feet. A total of three retail buildings with 312,790 square feet were delivered with 170,083 square feet still under construction at the end of the year. Total Retail Market Statistics „___ V-4 7A4 2 cyi.44.4 4. �ie�os�.,. t6.r1 ,6N 9.346.15 ' 19.16.434, i5.ty _ _!J. ,92 _ _ 312,E F .f 518.4 2fl A 3q 4,822 L 76 404,851 4.7 2084 4,809.904 6.3 i 12 34P{1 8 �'" 58.653 13 468.873 •$18.38 2014 x1 4.818 76 346.191 4.703 264 4,763,5574 6.2 623 895 1, 5 504.407 18 5110 T SIS A2 .. �. �,.. OU lq 4.8121 7586179- 4,845,538' 1,803.018 6.5 .' 7 45.148 21 1.Q05,18� Si8.35 . _- 20:3 9xp 4805 75.816.64., _ . 4.734 ?77„ 4.797.328' 6.3% 1 241 49<! ! A 37.565 y 8 857 332' 517.51. ...._ .. _ 2Q133g, 4808 77382281 8,553557 �Y604,j68� 8.5°m 9is86D _ i 25088 !3 Sib 71 S17.67 2fll3 2 4,607 A 77 356 $ 5.836 565- 5.588.736 7.2 a77 2521 5 !3,188 8 fi08 732' $17.87 s ZFSII3 1g i 4.803 .__7Y 343 966E 5.437 722 5 d8$,Z21S 7,1p 519.6111 l7 ,�_ 304.507 8_ "'A 483 451 _ $17.65 2fl124xj `� 4.78T1_ 77840,961 5.501354 5.715.83 7.47", 206.3291 6 130.S1s 22 319,682 31743 2012 3q 4 4,7811 76 910.82fj 5 581 142• 5 792,029 7 S'ti 228 001 3 15.9 63 25 � 442 15x. y $17.86 2012 29 -.4.778j_ 7134!r 686 5,801.299 6.004.86fi 7z% 187.949 ( 2 16.155 1,Z 21 ! 86R 517.47 2.0121¢11 4776 76,879.511 5963765 6.17666 80, i i218j( �i. �� 3~39' 6 131314. 537.48 zo1 i F 4 77_5 T6.876.472' _593825$ : 6.173.404; 8.0;116 T 626236 349.41!1 r 2 14 099, 517.61 ' ....va•e. c'_...-e.,..-,a�.p� 6,39 ..478 23. rm...- -_.� ��y..._.. .'.. � �-w. 2010 4.765 76,537.75. 6,397,478 6 460.923 S. 4; 314.561120 335.033 9 �- 222 271„ 518.50 2Clli9 4,T�38.: 76.240.21+ 6.314g36S 6.4777970# 8.87; 16OLO Y 401 883.887 141 266,641, SZOL72 2008 4.7o81 75.356.2Zz 4,715.14. 4.992,956~ 6.6% _ 701.1211 771 1.982.47= 32i 827.842 $20.79 SewmV: cess. Pr,hrvq+, Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 25 ANDERSON & CARR, INC. Rental Apartments The most recent addition of PWC Real Estate Investor Survey, Southeast Regional Apartmaut Market indicated that select apartment markets in Tampa, Orlando, and Miami have experienced a slight increase in market rents. The publication stated that "a lack of new supply, positive demographic trends, and an unwillingness to purchase homes due to economic uncertainty resulted in increased demand and falling vacancy rates for many apartment areas". According to Marcus & Millichap's 2014 Apartment Research Market Report for Palm Beach County, "The Palm Beach County apartment market proceeds through the middle of a construction cycle that thus far has not adversely affected countywide vacancy and rents. The steady improvement in property operations and solid prospects for further growth indicate that the powerful economic forces at work will continue to generate strong rental housing demand in the county over the near term." 2014 Annual Apartment Forecast 2.9441 Employment: Palm Beach County payrolls will grow 29 percernt :his ;year, or by 15,700 p-asi- "M. M;n tions. Employers hired nearly 30,OW workers aver the past tva,, years. including 18,2W em - ;h: Q c ployees in 2013. 2.10: Canstructiont Developers will place 2,00 uniu rn service in the county dtis year, marking a Irl- minor reduction C -am the 2,052 ten-als brought to market In 2013. Multifamily permit issu- VK14e ;rMce is oil track to clip slightly: tc 2.1oo units. ;.� Vacancy. Following 3 103 basis -paint dedine last yw–ir, w.LmLy in UM Bach County will slip 0 -deo : in ars addilonai 30 basis poinls in 2014 to 4.7 poe:eenr as 4ttmand ourpaers ad&tons to rental ,s.;, stone. Net 2hsnrpron M13 exceed 2.200 units. 4.0% Rents: Thhe average rent in the county will advance 41.51 percent this year .F: ,� I.2710 arc. month. e A gain of 6.5 percent was recorder! in 2013. -zos Rent Trends s UW tt r"A — Y -4Y R" ChmW SUM a 1 10 11 13 12 IV � Stoles Trends TSC d l� ME 10 11 12 13 t.- � Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 26 ANDERSON & CARR, INC. Conclusion Some of the factors that fed Palm Beach County's past growth diminished in 2UU7 with a decline in the national economy which included reduced home prices and high unemployment. This trend continued until the middle of 2011 when signs of stabilization began to emerge. In the fourth quarter 2011, sales activity began to show signs of recovery. Since 2012 there has been a very slow but steady rebound in the economy. This trend of recovery has continued through 2014 and looks to continue as 2015 begins. Despite the highest rate of foreclosures in the nation, unemployment rates have decreased and home prices are trending slightly upward in some markets. The market is experiencing a steady climb from the depths of the recession which has spurred investors into action. The long-term outlook for Palm Beach County is considered positive due to the broad employment base and desirability as a winter tourist destination. As population grows, more supporting commercial, industrial, and service development will be required. These factors, combined with a finite quantity of developable land, create a positive real estate outlook for the future. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 27 ANDERSON & CARR, INC. NEIGHBORHOOD SUMMARY The subject property is located in a primary residential locale just west and north of downtown Boynton Beach. This area was targeted for enhancement by the CRA about 10 years ago and the 380 acre Heart of Boynton Community Redevelopment Plan was developed. Historically, this area has been a downtrodden location with numerous vacant lots and old dilapidated homes and multi -family properties with dated infrastructure. More recently, through private and community efforts, a noticeable revitalization has been taking place. Older properties have either been demolished or renovated and many new homes have been built. Additionally, roads, sidewalks, and street lighting have been upgraded. There are still many vacant lots and much to be done but obvious changes have been taking place. Revitalization of the subject neighborhood is evident from a casual drive through the area. A total of 21 new homes have been built in the Ocean Breeze West project and a 200 unit multi -family development in Ocean Breeze East is planned. Galaxy Elementary School has a newly rebuilt campus, the Carolyn Sims Center was redeveloped in 2009, and the Poinciana Elementary School was completed in 2009. Seacrest Boulevard's streetscape project was completed in 2011. The area also includes a large Head Start center. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 28 ANDERSON & CARR, INC. In 2014 the CRA revised and updated their Heart of Boynton Community Redevelopment Plan. The plan calls for further redevelopment of several specific areas with the western and northeastern area remaining primarily single family residential in nature and the southeastern portion being a multi -family, light industrial and mixed use area. Along the east edge of the area is an existing light industrial strip. The plan calls for expansion of the CBD district into the southeast quadrant of the area also. The updated plan calls for increases in residential density and commercial intensity in some specific areas and cases. Revitalization of a low income locale can be problematic. But when accompanied by nearby, upscale, high- end projects there is generally has a higher probability of success. Redevelopment of the downtown Boynton Beach waterfront has finally become a reality and this area is just blocks from the Heart of Boynton area. The main east -west through street in the Heart of Boynton is Martin Luther King Jr. Boulevard. This area in the center of the eastern part of the area is intended for multi -family use with a commercial nodes at each end of Martin Luther King Jr. Boulevard. In this mix at Northeast 8'b Avenue and North Seacrest Boulevard is a large Baptist church with school and the city's public works department. The church intends to eventually build a life center on a vacant quarter block they own and the Heart of Boynton plans calls for the redevelop of its public works facilities into a multi -family project. A new Family Dollar is planned for the southeast corner of Martin Luther King Jr. and North Seacrest Boulevard and the CRA has been acquiring land at the northeast corner of the intersection with the hopes of attracting a small grocery store. The subject property is being assembled with adjoining properties by a private developer for multi -family residential redevelopment. In order to enhance the CRA efforts the Heart of Boynton plan calls for increased residential density and more intense commercial uses through land use and zoning changes and mixed use designations in the central and southern areas of the eastern part of the area. The Martin Luther King Jr. area is intended for a multi -family density of up to 20 dwelling units per acre. The redevelopment efforts by both public and private entities have greatly enhanced the area but the area still needs noticeable improvement. Over the past several years real estate values have increased and unemployment rates decreased although this area remains well below county norms in both aspects. Predictions are for continued improvement and additional redevelopment the locale. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 29 ANDERSON & CARR, INC. W, 'XI) W�b fi7:r1 V:1 Taxpayer of Record Boynton Beach CRA Palm Beach County 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- 43-45-21-10-004-0050, 08-43-45-21-10-004-0060, 08-43-45-21-10-004-0080, 08-43-45-21-10-004-0090, 08-43- 45-21-10-004-0100, and 08-43-45-21-10-004-0130 Assessed Value and Taxes for 2014 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. A typical informed buyer would recognize the probability of a reassessment following a sale of the property and the possibility that taxes could change as a result, if the assessed value is substantially different than the true market value. The overall assessment reflects a value of $1.89 per square foot of land area. The subject commercial lots (parcels 3, 6, 7, and 8) total 47,308 square feet have an assessed value of $2.47 per square foot while the residential lots (parcels 12, 13, 15, 16, 17, and 20) total 33,598 square feet reflecting an assessed value of $1.07 per square foot. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 30 261.4SUBJECrAW SSMEN S&TAXES CRA Parcel No. Parcel Control No. Land Appraised Value Improvements Total Market Value Assessed and Taxable Values Assessed Fiemption Taxable Value Amount Value Taxes Ad Non Ad Valorem Tax Valorem Tax Total Tax 3 0843.45-21-10-005-0050 $18,360 $0 $18,360 $18,360 $0 $1"60 $0.00 $0 $0 6 0843-45-21-10-005-0090 918,360 $0 $18,360 $18,360 $0 $18,360 $0.00 $0 $0 7 0843.45-21-10-005.0100 $69,988 $0 $69,988 $69,988 $0 $69,988 $0.00 $0 $0 8 084345-21-04-000-0202 $10,000 $o $10,000 $10,000 $0 $10,000 $0.00 $0 $0 12 08.43-45-21-10-004-0050 $6,000 $o $6,000 $6,000 1 $0 $6,000 $0.00 $0 $0 13 084345-21-10-004-0060 $6,000 $o $6,000 $6,000 $0 $6,000 $0.00 $0 $0 15 084345-21-10-004-0080 $6,000 $o $6,000 $6,000 $0 $6,000 $0.00 $0 $0 16 08-4345-21-10-004-0090 $6,000 $o K000 $6,000 $0 $6,000 $0.00 $0 $0 17 084345-21-10-004-0100 $6,000 $0 $6,000 $6,000 $o $6,000 $0.00 $0 $0 20 08-43.45-21-10-004-0130 $6,000 $0 $6,000 $6,000 $0 $6,000 $0.00 $0 $0 Totalb $152.708 $0 $152.708 $152;708 $0 $152,708 1 $0.00 $0 $0 A typical informed buyer would recognize the probability of a reassessment following a sale of the property and the possibility that taxes could change as a result, if the assessed value is substantially different than the true market value. The overall assessment reflects a value of $1.89 per square foot of land area. The subject commercial lots (parcels 3, 6, 7, and 8) total 47,308 square feet have an assessed value of $2.47 per square foot while the residential lots (parcels 12, 13, 15, 16, 17, and 20) total 33,598 square feet reflecting an assessed value of $1.07 per square foot. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 30 ANDERSON & CARR, INC. Census Tract The subject property is located in census tract 0061.00. Census Tract Map cewall D=Ogmpbx Dader11 .. '-- r+ IY '� • - � HYaxss4� HE Y3(hAie NE1ithAisman Ar, I2% SA HE 11Thare NW IYThAvP I . _- ,'r RYA fw 2 x E Y"' "�•- N[ :nrlhr.r Adtlress; 118IyWtkl Lwrhei lam k B1vtl. BOYNTON BEACH, FL. tate-OUw11y-Tret1:1842i-72-0990O61.aB- HE MA -c NE %;IiAid, Nin19Thkue Btn lem,C" FSf Census Income Population Housing ; rf rr dr tdThA:r 'ivllrr.0 Ne'i7N�ve C 9andtA'p� � z Z3 I Isle d � VR_ ,rwtefr MW1SIAi'e r;:r't$%AVe SW IMM T SOWAP O eUF• 3" OF lm3RdA- ,ar a Flood Zone Designation I FrN1nhA,* ? H( �� C RN 11311110 z38Ti,•.w G+tlapr5 f1 a a 4}9Wy: z r' 3earu o tv Yr !4f 13T1� i. ht 14Th Ave uM°-riInmDr 0 3rux36, '; Subject EdetAl�+a.1: � •�Y r.�: r• i� t Z ramwE Ln :�:y'+Are E G>banAve "rudsan ave An.a SI The subject property is located on the National Flood Insurance Program Map on Community Panel Number 120196-0004-C, effective date of September 30, 1982. The subject appears to lie in an area designated as zone C. Flood Zone C is defined as is defined as "areas of minimal flooding." Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 31 +Rd k+ HE Y3(hAie NE1ithAisman Ar, HE 11Thare NW IYThAvP I . _- ,'r RYA fw K%%O, Lis. K_p, . :d 1 N:1.41hAVt HE MA -c NE %;IiAid, r.E EthAv rr dr 'ivllrr.0 Ne'i7N�ve F R n rr HE eThAye 1 NE r,Th4ve 4 IN t€r 31 r%V 41hA e dta ,y pj ¢ INS NWISt Ave MV 1SIaue i i5 " W ca.. er W OemnAvr SW 15YAte $3k 1$iavr; � 1511.E 4K t tt1 SW 2MAvu 4 svG3Raarr 3Rd Ave 3•__4rr SWOhAve SE4T1rAVe 0 3rux36, '; Subject EdetAl�+a.1: � •�Y r.�: r• i� t Z ramwE Ln :�:y'+Are E G>banAve "rudsan ave An.a SI The subject property is located on the National Flood Insurance Program Map on Community Panel Number 120196-0004-C, effective date of September 30, 1982. The subject appears to lie in an area designated as zone C. Flood Zone C is defined as is defined as "areas of minimal flooding." Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 31 ANDERSON & CARR, INC. Flood Man :..r: zowE.>� N W 1ST ST a 30M M klq M Z Z Z Z' M Zrn m m m fR �. lJ Subject Z zoNE IRE In WMINIMMEI!C_�- 0�10 Zoning and Future Land Use APPROXIMATE SCALL 500 0 SCO FEET 4 WPM rine MSENCI PHINA i FIRM FLOBI INSURANCE NATE NAP CM 9P BOYNTON BRUN, FURme PALS! Un !lona is PANEL 4 OF 5 ij m,e Pu rtmlx ion rm—Mm,nwfiPi 6RMM6NITT-PANEL NUMBER IM111004 9 NAP MEVISER: SEPTEMBER 60, 1962 ', IF1,OnY F�M,p,My M,�mePlAgmy M llaeq'e7• Pn nknnocC rmp rtJF.N17CMnr. 7bY mxp,lo• �.rMb Phnq� mmb .1 xRkP mw Mw Iwn mw ni6,muw,1 mw ew m The subject property's use is dictated by the City of Boynton Beach Zoning Code and Comprehensive Plan. The City of Boynton Beach zoning and future land use maps indicate the subject property has a zoning designation of C2 (Neighborhood Commercial) and R2 (Single & Two Family Residential) with an underlying land use designation of LRC (Local Retail Commercial) and MEDR (Medium Density Residential). The subject lots along Northeast 9`° Avenue are zoned for single and two family residential use with a permitted density of up to 9.58 dwelling units per acre in the form of single family and duplex buildings. The zoning states a max density of not more than 10 du/ac while the land use maps shows a maximum density of 9.58 du/ac. Additional uses (group homes, social service agency, church, day care, governmental office, school, and community garden) are allowed under a special exception or additional conditions. The updated Heart of Boynton plan increases this density up to 20 dwelling units per acre and more flexible building types. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 32 ANDERSON & CARR, INC. The subject lots along Martin Luther King Jr. Boulevard are zoned for low -intensity neighborhood commercial use. This zoning allows numerous commercial uses as well as single and multi -family uses. The zoning permits such uses as convenience stores, many retail stores, restaurants, and many office type uses. Additional uses such as cemetery, gasoline station, car wash, minor auto repair, and funeral home are permitted under a special exception or additional conditions. Most of these lots are intended for residential use of up to 20 dwelling units per acre under the updated Heart of Boynton plan. It is our understanding that the Heart of Boynton plan would allow a mixed use development on the subject property with up to 20 du/ac and a maximum building height of 45 feet. The plan also calls for increased intensity of commercial uses. If the property were part of a commercial / residential mixed use node at Martin Luther King Jr. Boulevard and North Seacrest Boulevard a residential density of up to 30 du/ac would be permitted. The appraisers have not independently verified that the subject complies with current site development regulations (setbacks, site coverage, etc.). It has been assumed that by virtue of the subject's on-going use, should there be any areas of non-compliance, a variance has been issued or some other form of special exception has been made. Zoning Mau Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 33 ANDERSON & CARE, INC. Land Use Map F• ! �� r'rvs i. s.. . TR ! 1 T �ti e F r ► y Y t �bj �. lke�_t II w . -7 epp }� � � 7 r Ac A ti Land Use DowdpUan LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D,U./Acre �j HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) OFFICE COMMERCIAL (OC) ( ,r LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) RECREATIONAL (R)' PUBLIC & PRIVATE GOVERNMENTAVINSTITUTIONAL (PPGI) MIXED USE (MX) MIXED USE CORE (MXC) M MIXED USE SUBURBAN (MXS) DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION (CON) CONSERVATION OVERLAY (CIO) Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 34 ANDERSON & CARR, INC. Concurrency The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste, recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency requirements were exempted in dense urban land areas with populations of at least 1,000 people per square mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local comprehensive plans was streamlined and zoning changes are now allowed to be considered concurrently with land use plan amendments. It is the appraisers' understanding that the subject is not subject to any concurrency restrictions. Should the property be altered or redeveloped, the matter of concurrency would need to be revisited at that time. Utilities The following utilities are available to the subject property: Water, electricity, municipal sewer. Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser's records indicate that the subject lots were acquired between 1982 and 2006 by the CRA for 826,100 in various deeds. It is our understanding that CRA has approved a purchase and development agreement with Gardner Capital with a price of $600,000 for the subject 10 lots. This equates to $7.43 per square foot of land area. Gardner Capital intends to develop the lots with multi -family units after assemblage with adjoining lots. Site Analysis The following analysis is based upon �k personal inspection of the site and Palm Beach County Public Records. Location The subject property 10 lots are located along East Martin Luther King Jr. Boulevard and Northeast 9th Avenue just east of North Seacrest Boulevard in Boynton Beach. Florida 33435. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 35 ANDERSeN & CARR, INC. Size and Shaoe We have relied on the site size for the subject from the county appraisers records. County records show the size of the commercial lots on Martin Luther King Jr. Boulevard in terms of square feet while the size of the residential lots on Northeast 9`h Avenue are shown in acres. Frontage and depth of each lot is derived from the county ownership map from RealQuest. From this data we have developed the following approximate lot dimensions and size chart. The subject property totals 80,776 square feet or 1.85 acres. The lots from two contiguous parcels of 17,544 square feet (Parcels 3, 12, and 13) and 63,232 square feet (Parcels 6, 7, 8,15,16,17, and 20). Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 36 SUBJECT DEMINSION AND SIZE SUMMARY CHART CRA Parcel No, Location Frontage Feet Depth Feet dare Feet Acres 3 Martin Luther King Jr. Blvd. 50 120 6,000 0.1337 6 Martin Luther King Jr. Blvd. 50 120 6,000 0.1337 7 Martin Luther King Jr. Blvd. 190 120 22,872 0.5251 8 Martin Luther King Jr. BIvd. 77 155 12,436 0.2855 12 Northeast 9th Avenue 50 115 5,772 0.1325 13 Northeast 9th Avenue 50 115 5,772 0.1325 15 Northeast 9th Avenue 50 115 5,763 0.1323 16 Northeast 9th Avenue 50 115 5,759 0.1322 17 Northeast 9th Avenue 50 115 5,754 0.1321 20 Northeast 9th Avenue 40 115 4,648 0.1067 10 Lots 'Totals --- --- 80,776 1.85 The subject property totals 80,776 square feet or 1.85 acres. The lots from two contiguous parcels of 17,544 square feet (Parcels 3, 12, and 13) and 63,232 square feet (Parcels 6, 7, 8,15,16,17, and 20). Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 36 ANDERSON & CARR, INC. Topojzraphy and Drainage The site is level and near road grade. On-site drainage will be determined by eventual development. Off- site drainage is by a public drainage system. Access Access is via Martin Luther King Jr. Boulevard and Northeast Ste Avenue. Both are two lane, public roads with nearby connections to major roadways including Seacrest Boulevard, Federal Highway, Boynton Beach Boulevard and an I-95 interchange. Easements or Encroachments Typical utility easements are believed to exist, although a survey that would delineate the boundaries of such was not made available to the appraisers. The appraisers did not note any such conditions during our on-site inspection. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. Soil/Environmental Conditions We have not been provided with nor have we commissioned a soil or sub -soil condition report. The subject's land appears to be composed of typical loose South Florida sand. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 37 ANDFRSCN & CARR, INC. HIGHEST AND BEST USE The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use --that is adequately supported and results in the highest present value. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). The analysis of highest and best use normally applies these considerations in a three step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved. The subject is vacant land, therefore only the first two steps apply. The subject site contains roughly 1.85 acres in two tracts and could physically support a number of uses. We have assumed the subject is part of a larger assemblage. It is our understanding that this assemblage is still in progress. It appears from the surrounding ownership interest and uses the final assemblage will be around two to three acres. The physically possible uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The current zoning is commercial and residential but the Heart of Boynton plan indicates the property could be improved under a commercial / residential mixed use designation with up to 20 dwelling units per acre. The highest and best use of the subject property is for assemblage with nearby surrounding properties and development with a residential or mixed use redevelopment. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 38 ANDERSON & CARR, INC. EXPOSURE AND MARKETING TIME Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). Credit markets have constricted over the past couple of years but are now showing signs of easing and financing for commercial properties appears to be more readily available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the sale of 35 residential land sales in Palm Beach County from January 2013 through February 2015 where they reported marketing times. The marketing times ranged from 47 to 2,535 days with a mean of 652 days. There were 6, however, with unusually long marketing periods of over 3 years. The reaming 29 sales reflect a mean marketing time of 431 days. They reported the sale of 100 commercial land sales where they reported marketing times during this same time frame. The marketing times ranged from 9 to 2,298 days with a mean of 749 days. There were 24, however, with unusually long marketing periods of over 3 years. The reaming 76 sales reflect a mean marketing time of 429 days. The local Multiple Listing Service reported the sale of 4 commercial land parcels in the greater Boynton Beach area from January 2013 through February 2015. Marketing times ranged from 26 to 949 days with a mean marketing time of 280 days. The MLS also reported the sale of 28 residential parcels during this time frame with marketing times from 21 to 1,217 days and a mean marketing time of 305 days. Considering the preceding, as well as improving market conditions, and assuming a prudent pricing strategy, we estimate an exposure time of 6 to 12 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 39 ANDERSON & CARR, INC. SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market - derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. Based on the newly updated Heart of Boynton neighborhood redevelopment plan the subject property / assemblage has potential for multi -family residential use or mixed commercial / residential use. As a result we are using a mix of commercial and residential sales in our analysis. Additionally, we are including the current sale of the subject for informational purposes only. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, S, 12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 40 ANDERSON & CARR, INC. SALE NO. 1 - 101 Northeast 8th Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 907826 Lrrrkn-L,r 4iF nu`.Id Ll 1V0 s #. y I Mr. aat eve .wrR h Lf - • 71 .()Conn r„iiS r. 4 OR Book/Page: 25720/0020 Type: Land Sale Status: Sale Sub -Type: Multi -Family (> 1 Unit) Date: August 3, 2012 Grantor: Mary Lee Upshaw Grantee: Saint John Missionary Baptist Church Legal: Lot 3, Block 2, Palm Beach Country Club Estates, Plat Book 11, Page 43, Palm Beach County, Florida Folio No.: 08-43-45-21-10-002-0030 Location: South side of Northeast 8th Avenue just east of North Seacrest Boulevard about 1/3 of a mile north of Boynton Beach Boulevard Zoning: R2 - Single and Two Family Residential by Boynton Beach Land Use: Medium Density Residential Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 41 A,NDERSCN & CARE, INC. Site Size: Square Feet: 5,700 Acres: 0.13 Shy Rectangular Street Frontage (Ft.k. 50 Topography/Elevation: Level, near road grade Density: Total No. of Units: 2 (Per Zoning) Units/Acre: 15.27 Use: Current Use: Vacant Intended Use: Redevelopment Highest and Best Use: Residential / Redevelopment Verification: Source: Thelma Relationship: Buyer's Receptionist Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 19, 2015 Sales History: No transactions in the previous five years Sales Price: $75,000 Price/SF Land: $13.16 Price/Acre: $572,519 Price/Unit: $37,500 Financing: Cash Comments: This is the sale of a duplex lot particularly wanted by the buyer. The property had contained an old home that was damaged by hurricanes with only the slab remaining at the time of purchase. The buyer is the church / school across the street to the north who also owns lots on the east and west sides of this sale parcel. The church plans on evidentially developing the land with a Life Center. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 42 ANDERSON & CARR, INC. SALE NO.2 - 413 East Ocean Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ..,- x e as k E SON un kr e,r ct, t%lvd k 83 yn1 rl , — -- �'— " ; , '.- 4ak .1 " - "M LS� F I j�iMf, ' II , gyp. ` .0 . 91 OR Book/Page: 264ts4/ul25 Sale Status: Sale Date: December 4, 2013 ID: 907820 r - � x "'"wAL - Arxfr Ri,il •. Type: Land Sub -Type: Commercial Grantor: BobKatz Properties, Inc. and 417 East Ocean Ave, LLC Grantee: First Avenue Boynton, LLC and 206 Boynton, LLC Legal: Lots 2 through 6, the East 30 feet of Lot 9, and lots 10 and 11, Block 5, Town of Boynton, Plat Book 1, Page 23, Palm Beach County, Florida Folio No.: 08-43-45-28-03-005-0020, 08-43-45-28-03-005-0091, 08-43-45-28-03-005-0100, and 08-43-45-28-03-005-0040 Location: East side of East Ocean Avenue and east side of Northeast 3rd Street on the west side of the FEC railroad tracks, just north of Ocean Avenue in Boynton Beach Zoning; C2 -Neighborhood Commercial by City of Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 43 ANDI=RSCN & CARR, INC. Site Size: Square Feet: 44,634 Acres: 1.03 Shape: Irregular Street Frontage (FQ: 98 Topo¢raphv/Elevation: Level, near road grade Use: Current Use: Vacant Land Intended Use: Commercial Development Highest and Best Use: Commercial Development Verification: Source: Robert Banting, Anderson & Carr, Inc. Relationship: Listing Broker Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 17, 2014 Sales History: No transactions in previous five years Sales Price: $650,000 Price/SF Land: $14.56 Price/Acre: $634,146 Financing: $300,000, Seller PMM with 5 year balloon Comments: This is a two part sale of an on-going assemblage for future development. The sale took place under two deeds dated in November and December of 2013. The later deed is found in OR 26546/0001. The property is divided by an older road right of way that will most likely be abandoned and assembled into the property in the future. The 12,564 square foot east half of the north part of the property sold at $100,000 or $7.96 per square foot and the remainder of the property, 32,070 square feet, sold for $550,000 or $17.15 per square foot. As of February 2015 another adjoining vacant tract along with improved properties (commercial and industrial) to the south of East Ocean Avenue is to be purchased in the near future. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 44 ANDERSON & CARR, INC. SALE NO.3 - 505 Southeast 21st Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 407824 OR Book/Page: 26810/1138 Type: Land Sale Status: Sale Sub -Type: Multi -Family (> 1 Unit) Date: May 5, 2014 Grantor: Wells Fargo Bank, N.A. Grantee: Ralph Giunta Legal: Long legal in the East 1/2 of the Northeast 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida Folio No.: 08-43-45-33-00-000-1240 Location: North side of Southeast 21st Avenue just west of South Federal Highway one-third of a mile south of Woolbright Road, Boynton Beach Zoning: R3 - Multiple Family Residential by Boynton Beach Land Use: High Density Residential Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 45 ANUERSCN & CARR, INC. Site Size: S uare Feet: 6,500 Acres: 0.15 Shape: Rectangular Street Frontage Ft.) 65 Topography/Elevation: Level, near road grade Density: Total No. of Units: 2 (Per Zoning) Units/Acre: 13.42 Use: Current Use: Vacant Intended Use: Multi -Family Residential Highest and Best Use: Multi -Family Residential Verification: Source: Bryan Taksey, The Keyes Company Relationship: Listing Broker Conditions of Sale: Arm's-length Verified BY: Gary Orr Date: February 19, 2015 Sales History: Sales Price: Price/SF Land: Price/Acre: Price/Unit: Financing: Comments: $225,000, July 2005, OR 1896210872; $62,300, September 2013, OR 2635611742, Foreclosure $25,000 $3.85 $167,785 $12,500 Cash This is the sale of a vacant multi -family lot. It had been improved with an older single family home which was torn down prior to the sale. The property was an REO sale. It had been listed for $24,900 and sold after 25 days on the market. The lot is sub -standard in width but it appears it would be suitable for development with a residential duplex. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 46 ANDERSON & CARR, INC. SALE NO.4 - 513 Southeast 4th Street, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 907828 OR Book/Page: 27145/0466 Type: Land Sale Status: Sale Sub -Type: Commercial Date: October 30, 2014 Grantor: Burton Metsch Revocable Living Trust Grantee: Shamsad Islam Legal: Long legal in Lots 9 and 10, Pence Subdivision No. 1, Plat Book 1, Page 33, and a portion of Railroad Avenue, Palin Beach County, Florida Folio No.: 08-43-45-28-07-002-0091 Location: West side of Southeast 4th Avenue one block west of South Federal Highway and one-half mile south of East Boynton Beach Boulevard, Boynton Beach Zoning: C3 - Community Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 47 ANDERSON & CARR, INC. Site Size: Square Feet: 44,451 Acres: 1.02 Shape: Irregular Street Frontage (Ft.): 152 Topogjaphy/Blevation: Level, near road grade Use: Current Use: Vacant Intended Use: Unknown Highest and Best Use: Commercial / Residential Verification: Source: All Stall, Hudson Realty Relationship: Listing Broker Conditions of Sale: Ann's -length Verified By: Gary Orr Date: February 19, 2015 Sales History: No transactions in the previous five years Sales Price: $200,000 Price/SF Land: $4.50 Price/Acre: $196,078 Financing: Short term $170,000 PMM Comments: This is the sale of a lightly wooded tract of land. The property is located on a secondary roadway with no commercial exposure. The listing broker was unsure of the buyers intended use of the property. It was listed for $250,000 and sold after about 14 months on the market. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 48 ANDERSON & CARE, INC. SALE NO.5 - Martin Luther King Jr. Boulevard, Boynton Beach, FL 33435 AC File No.: 2130066 ID: 907827 .r +. W=--_ TW- HL- - rfY' Mwl Azlh}v* r i' •. . ItU?,AMQ '. ■ii +i■FEW. AL— {.1 . ! Martlll Lug `4 q Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 49 y rar:a t OR Book/Page: 27152/0198 Type: Land Sale Status: Sale Sub -Type: Commercial Date: October 31, 2014 Grantor: Blanche Girtman Grantee: Boynton Beach CRA Legal: Long legal in Lots 11 and 12, Block 1, Frank Weber Addition to Boynton Beach, Plat Book 9, Page 3, Palm Beach County, Florida Folio No.: 08-43-45-21-25-001-0110 Location: North side of Martin Luther King Jr. Boulevard one lot east of North Seacrest Avenue about one -mile north of Boynton Beach Boulevard Zoning: C2 - Neighborhood Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 49 ANDERSON & CARD, INC. Site Size: Square Feet: 7,930 Acres: 0.18 Shape: Rectangular Street Frontage Ft.) 61 TopoaraphylElevation: Level, near road grade Use: Current Use: Vacant Intended Use. Commercial Highest and Best Use: Commercial Verification: Source: Vivian Brooks, CRA Executive Director Relationship: Buyer Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 19, 2015 Sales History: No transactions in the previous five years Sales Price: $130,000 Price/SF Land: $16.39 Price/Acre: $714,286 Financing: Cash to seller Comments: This is the purchase of a small commercial lot acquired for future development. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13,15,16,17, &20 A&C Job No.: 2150066.000 50 .ANDERSON & CARR, INC. SALE NO.6 - Southwest 1st Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 907825 OR Book/Page: 27203/0856 Type: Land Sale Status: Sale Sub -Type: Multi -Family (> 1 Unit) Date: December 4, 2014 Grantor: HH Community Investment Fund III, LLC Grantee: D.R. Horton, Inc. Legal: Lots 1 through 14 and Lots 30 through 39, Block 16, Boynton Heights, Plat Book 10, Page 62; Lot 9, Block 2 and Lot 12, Block 3, Sunnydale, Plat Book 24, Page 34; and Lots 14 and 15, Block 2, Bowers Park, Plat Book 11, Page 57; Palm Beach County, Florida Folio No.: 08-43-45-28-10-016-0010, -0030, -0130, -0300; 08-43-45-28-21-002-0090, -0120; and 08-43-45-28-12-002-0140 Location: Southwest 1st Avenue just west of South Seacrest Boulevard, Southeast 3rd Avenue just east of South Seacrest Boulevard, Southwest 3rd Avenue just west of Southwest 3rd Street, and the Southwest corner of Southwest 4th Avenue and Southwest 3rd Street, Boynton Beach Zoning: R1A & R2 - Single and Two Family Residential by Boynton Beach Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 51 ANDERSON & CARR, INC. Land Use: Low and Medium Density Residential Utilities: Water, electricity, municipal sewer Site Size: Sguare Feet: 112,580 Acres: 2.58 Shane: Rectangular Street Frontage (FQ: 300 Topograp 3ffilevation: Level, near road grade Density: Total No. of Units: 21 (Per Zoning) Units/Acre: 8.13 Use: Current Use: Vacant Intended Use: Single 1 Multi -Family Residential Highest and Best Use. Single 1 Multi -Family Residential Verification: Source: Jennifer Grugan Relationship: Sellers assistant Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 19, 2015 Sales History: Assemblage - See comments Sales Price: $1,120,000 Price/SF Land: $9.95 Price/Acre: $433,437 Price/Unit: $53,333 Financing: Cash to seller Comments: This is the purchase of a 1.86 acre multiple family tract anct tour individual single tamily lots with only two of the single family lots contiguous. The property was acquired by the seller in four transactions in June 2013, October 2013, and February 2014. Two of the single family lots were acquired for $19,000 each, two single family lots for $40,000, and the multi -family tract for $400,000. The total acquisition price was $478,000. The real estate package was then sold to a prominent home builder as shown above. The multi- family tract will accommodate 18 units with each single family lot suitable for development with a house. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 52 ANDERSON & CARR, INC. SALE NO.6 (Subject) 118 East Martin Luther King Jr. Boulevard, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 907836 Sale Status: Approved by City Type: Land Sub -Type: Multi -Family (> 1 Unit) Grantor: Boynton Beach CRA Grantee: Gardner Capital Legal: Long Iegal in Blocks 4 ana 5, Yalrn Beach County Club Estates, Plat Book 11, Page 43, and in Lots 20, 21, and 22, Robert Wells Subdivision, Plat Book 11, Page 66, Pahn Beach County, Florida Folio No.: 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, 08-43-45-21-10-004-0050, 08-43-45-21-10-004-0060, 08-43-45-21- 10-004-0080, 08-43-45-21-10-004-0090, 08-43-45-21-10-004-0100, and 08-43-45-21- 10-004-0130 Location: South side of Martin Luther King Jr. Boulevard and north side of Northeast 9th Avenue just east of North Seacrest Boulevard, Boynton Beach Zoning: C2 & R2 - Neighborhood Commercial and Single and Two Family Residential by City of Boynton Beach Land Use: Local Retail Commercial and Medium Density Residential Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16, 17, & 20 A&C Job No.: 2150066.000 53 ANDIERSCN & CARR, INC. Utilities: Water, electricity, municipal sewer Site Size: Square Feet: 80,776 Acres: 1.85 Shape: Irregular Street Fronta a Ft.: 367 Topography/Elevation: Level, near road grade Density: Total No. of Units: 37 (Per Zoning) Units/Acre: 19.96 Use: Current Use: Vacant Intended Use: Residential Highest and Best Use: Residential Verification: Source: Vivian Brooks, Boynton Beach CRA Relationship: Seller Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 23, 2015 Sales History: Sales Price: Price/SF Land: Price/Acre: Price/Unit: Financing: Comments: Various in-house quit claim deeds in late 2010 $600,000 $7.43 $323,625 $16,216 Cash to seller This is the sale of 10 individual lots forming two non-contiguous tracts of land. The buyer is assembling this parcel with others for residential development. The current zoning / land use plan reflects a lower density of up to 9.58 du/ac but the recently updated CRA Heart of Boynton neighborhood redevelopment plan calls for either mixed use or residential use up to 20 du/ac. The sale was confirmed with the seller with additional information from a recent article in the Palm Beach Post. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 54 ANDEIPSCN & CARR, INC. SALES SUMMARY TABLE Sale No. OR Bk Land Area Sale Price/SF Date Page Property Address SF Price of land Acres 1 25720 101 Northeast 8th Avenue 5,700 $75,000 $13.16 Au -12 0020 Boynton Beach 0.13 2 26484 413 East Ocean Avenue 44,634 $65Q,000 $1456 Dec -13 0125 ton Beach 102 3 26810 505 Southeast 21 st Avenue 6,500 $25,000 $3 85 May -14 1138 Banton Beach 0.15 4 27145 513 Southeast 4th Street 44,451 $200,000 $4.50 Oct -14 0466 Boynton Beach 1.02 5 27152 Martin Luther King Jr. Boulevard 7,930 $130,000 $16.39 Oct -14 0198 Boynton Beach 0.18 6 27203 Southwest 1 st Avenue 112,580 $1,120,000 $9.95 Dec -14 0856 Boynton Beach 258 Subj. Approved Martin Luther King Jr. Boulevard 80,776 $6QO,Q00 $7.43 Feb -15 Sale B nton Beach 1.85 W wF 3 in Avg P:uk Ridge 010 lSth Arm Subject Sale 2 "" il► � � Sale 1 Sm „, Beach n on Beach au ,. FSale 5 : ,' . '�--�-�� =4SIe Aig E WoabrkQht Rd W worm Rd q=sirr RAF Golf Rd" F Srd i!u► y� t!� eK y Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 55 ANDERSON & CARR, INC. Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per square foot of land. The sale price per square foot of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Property Ri is The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. Conditions of Sale All sales were reportedly market oriented. However, two sales were particularly needed for assemblage by the buyer. Accordingly, sales 1 and 5 have been adjusted downward for this aspect. Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from August 2012 to December 2014. The date of value is February 16, 2015. The market has shown improving market conditions over this time period but the data set does not indicate an adjustment for market conditions is warranted. Location The subject property is located on Martin Luther King Jr. Boulevard just east of North Seacrest Boulevard. Sales 1 and 5 are located in the immediate area of the subject. The data set indicates that sales 3 and 4 have similar locations. Sales 2 and 6 are situated in superior areas and have been adjusted downward for location. Size Generally, larger properties will sell for a somewhat lower price per square foot of land than smaller ones, and vice versa, when all else is equal. The subject property is being appraised as if the lots were part of a larger assemblage for redevelopment. As we do not have details on larger parcel regarding final assembly size we are applying this analysis segment as if it were only marginally larger than the subject itself. Sales 1, 2, and 5 are significantly smaller with sales 3 and 4 being moderately smaller than the subject. These sales are being adjusted downward for size. Sale 6 is more similar in size and warrants no adjustment. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 56 ANDERSON & CARR, INC. Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject (as part of a larger assemblage suitable for development) nor the comparables appear be impacted by their shape in such a manner as to limit their development. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. Zoning and Use The subject property has a zoning designations of commercial and residential with potential for mixed use commercial / residential or multi -family residential development. Sales 1, 3, 4, and 6 have similar overall potential. Sale 2 has superior potential, partly due to location and sale 5 has superior potential having been purchased for assemblage directly on North Seacrest Boulevard. Accordingly, sales 2 and 5 have been adjusted downward for this aspect. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 57 ANULKSCN & CARR, INC. $tr r1Y1a A1jes�, i>it1s 11ve�> tai =r1ir AF Financingl Condition Marko Sale Property Address Land SF Pricer A(4. Price/ o[Salcr Coadldonsr Location land SiteOverAft x Combined �� Land SF land 5F Adj.PriW Ad}.Pricgl Size Conditions 1�z— Adjusgment tip 1 101Northeast8thAvenue 0% -20% 0% 5,700 $13.16 0% -10% 0% 1 0% -10% $9.47 Aug -12 Boynton Beach $13.16 $10.53 $10.53 2 413 East Ocean Avenue 0% 0% 0% 44,634 $14.56 -25% -5% 0% -10% -40% $8.74 Dec -13 Boynton Beach $1456 $1456 $14.56 3 505 Southeast 21st Avenue 0% 0% 0% 6,500 $3.85 0% -10% 0% 0% -10% $3.46 May -14 Boynton Beach $3.85 $325 $3.85 4 513 Southeast 4th Street 0% 0% 0% 44,451 $4.50 0% -5% 0% 0% -5% $427 Ocb14 Baynton Beach $4.50 $4.50 $4.50 5 Martin Luther King Jr. Boulevard 0% .20% 0% 7,930 $16.39 0% -10% 0% -20% .30% $9.18 Oct -14 Boynton Beach $16.39 $13.11 $13.11 6 Southwest lstAvenue 0% 0% 0% 112,580 $995 -25% 0% 0% 0% -25% $7.46 Der -14 Boynton Beach $9.95 $9.95 $9.95 Subj. Martin Luther KingJr. Boulevard 80,776 $7.43 Feb -15 Boynton Beach Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.- 2150066.000 58 ANDERSON 8c CARR, INC. Conclusion Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per square foot of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is $3.85 to $16.39 per square foot of land area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of land area to be from $3.46 to $9.47 with a mean of $7.10. The sale of the subject is being given consideration but has not been included in the comparison 1 adjustment process. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of land area for the subject property, as if the subject lots are part of a larger assemblage of land for redevelopment, of $7.10 as of February 16, 2015. Total value is calculated as follows: 80,776 Square Feet @ $7.10 per Square Foot = $573,509 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $575,000 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 59 QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAI, SRA PROFESSIONAL DESIGNATIONS - YEAR RECEIVED MAI - Member Appraisal Institute -1984 SRA - Senior Residential Appraiser, Appraisal Institute -1977 SRPA - Senior Real Property Appraiser, Appraisal Institute -1980 State -Certified General Real Estate Appraiser, State of Florida, License No. RZ4 -1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker - #3748 - State of Florida Graduate, University of Florida, College of Business Administration, BSBA (Major - ReaI Estate & Urban Land Studies)1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES. INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums & Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation: Legal Rules & Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member'of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. TYPES OF PROPERTY APPRAISED - PARTIAL LISTING Air Rights Medical Buildings Amusement Parks Condominiums Mobile Home Parks Auto Dealerships Shopping Centers Department Stores Industrial Buildings Service Stations Vacant Lots - Acreage Leasehold Interests Apartment Buildings Hotels - Motels Office Buildings Special Purpose Buildings Residential Projects Financial Institutions "I am currently certified under the continuing education program of the Appraisal Institute. Churches Marinas Residences - All Types Restaurants Golf Courses Easements QUALIFICATIONS OF APPRAISER GARY & ORR GENERAL INFORMATION State -Certified General Real Estate Appraiser RZ2335 Licensed Real Estate Salesman - State of Florida -197811991 Realtor Associate Member - Florida Association of Realtors - 1978/1991 Realtor Associate Member - National Association of Realtors -197811991 Realtor Associate Member - West Palm Beach Multiple Listing Service -197811991 EDUCATION AND SPECIAL TRAINING Graduate of Forest Hill High School - West Palm Beach Graduate of Palm Beach Junior College; AA Degree Business Administration Attended University of Florida at Gainesville; College of Business Administration (1976 and 1977) Successfully completed and passed the following courses and/or seminars: SREA 101: Introduction to Appraising Real Property SREA 201: Principles of Income Property Appraising SREA: Principles of Cash Equivalency SREA: Adjusting for Financing Differences in Residential Property SREA: Market Interpretations of Extraction SREA: R41b Seminar - John Underwood, MAI, SREA SREA: R41c Seminar - Dr. William Kinnard, MAI, SREA AI: Standards of Professional Practice - Part A AI: Exam Prep. for Commercial Appraiser Certification/Licensing EMPLOYMENT EXPERIENCE Engaged in appraising real estate in the State of Florida since 1978. Residential and Commercial appraiser for Anderson & Carr, Inc. 1978-1992. Residential and Commercial appraiser for Sayles & Sayles, Inc. 1992- August, 1995. Presently working as appraiser for Anderson & Carr, Inc., Realtors/Appraisers. APPRAISAL EXPERIENCE Charitable R.E. Donations Estate Settlements General Law Suits Partnership Buyouts Divorce Settlements Executive Relocations Mortgage Financing PBC R.E. Assessment Appeals TYPES OF PROPERTY APPRAISED Acreage Churches Equestrian/Polo Estates Funeral Homes Lumber Yards Motels Peat & Soil Plants Restaurants Special Purpose Properties Vacant Commercial Tracts Apartment Buildings Citrus Groves Farms Industrial Buildings Medical Offices Multi -Family Projects Post Office Buildings Service Stations Synagogues Warehouse Buildings Eminent Domain Fractional Interests REO Properties Automobile Showrooms Convenience Stores Foliage Nurseries Industrial Complexes Mini -Warehouse Complexes Office Buildings Residences/Estates-All Types Shopping Centers Vacant Residential Lots Wetlands Properties Appraiser Licenses RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD RZ4 'he CERTIFIED GENERAL APPRAISER Named below IS CERTIFIED Under the provisions of Chapter 475 FS. Expiration date: NOV 30, 2016 BANTING, ROBERT B 521 S OLIVE AVE WEST PALM BEACH FL 33401 ISSUED: 10/27/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1410270002609 RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD pool, WE, 11jk%1j;#i4 RZ2336 -+ " The CERTIFIED GENERAL APPRAISER Named below IS CERTIFIED Under the provisions of Chapter 475 FS. Expiration date NOV 30, 2016 ORR, GARY K 521 S OLIVE AVE W PALM BEACH FL 33401 ISSUED: 11/19/2014 DISPLAYAS REQUIRED BY LAW SEQ# L1411190001389 Attachment 6 t 7 O m 4W a M O a M Q� 3 0 a V L61 00 000 O O O 00 a 00 LaL r.i "'LO o � � � o t u m In Lr N O aTtolv^sp,m mP4 0. tb4 �6q 00 0 0 0 0 0 0 O O O CD LU , , , , , ` , Oj a = � ) -,�--%� v U cc a Ln Ln m N r n Ln r N N m N N N (N N id Ln Ln N N v w M rn m m m 0 00 N m m Ln L61 r r r rV Ln 00 aoaa000 0 0 � oT..i o LQn(D000000)0m 0 0 (3)Ln O o 0 0^ N o 0 0 0 0 0 0 4 o a o 0 Ln Ln Lf1 0 0 0 0 0 0 O O O 0 ZUo oa Q o o 4 Q o o d r _ r r r _ 1 , r _ t _ , r r r r N N N N N N N N r N ^ N Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln It Nt r v � ql- v Nr m m m m m m m m m m 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 O O Z_ Z W = 2 Y W W W W W J ce 77 CC J pLLI Q Q Q Q Q Z° 2 2 Z❑ 61 Ch Q dl 0) Q pa J J Q 00 W W W 2 W W w Z Z Gr pC Z Z Z ZZLu u°° E= W� m Oi r r iD LU z Q J Q J 00 u Z ^ N N Cr Ln O r r -- Z^ r N -se r B OYNTO ■ EAC CRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I X I Old Business New Business Legal j Information Only AGENDA ITEM: xlll.D. SUBJECT: Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to Housing Trust Group (HTG) for the South Side of Martin Luther King, Jr. Blvd. Project SUMMARY: At the September 8, 2015 CRA Board meeting, the CRA Board voted to approve entering into a Purchase and Development Agreement between Housing Trust Group and the CRA for the CRA -owned site known as South Side of Martin Luther King, Jr. Blvd. HTG will be applying to the State of Florida for 9% tax credits to finance the mixed-use development. A requirement of qualifying for the tax credit allocation is proof of a local government contribution either in the form of a grant or waiver of fees at a minimum of $75,000. However, the CRA cannot execute the required form (See Attachment 1). The form must be executed by the Mayor. Therefore, an Interlocal Agreement (ILA) is required between the City and CRA. The attached ILA (See Attachment 2) states that the CRA has approved a financial contribution of $75,000 in the form of a grant and that payment of the funds by the City will occur once HTG provides proof of a 9% tax credit allocation. The CRA will reimburse the City within 30 days of payment of the funding to HTG. FISCAL IMPACT: If the project receives a 9% tax credit allocation, the CRA will reimburse the City the $75,000. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS: Approve the Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Housing Trust Group (HTG) for the South Side of Martin Luther King, Jr. Blvd. project. 72,,,"- Zte`_ Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Compieted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board MeetingslOctober 201511ntedocal HTG MLK.doox ATTACHMENT 1 LOCAL GO"MR1%--%lElVT VERIFICATION OF CONTRIBUTION'— GRANT FORM Name of Development: K1119% Cove DevelopnaentLocation: E TALK Jr. Boulevard E ML4K Jr. Boulevard and Seacrest Boulevard Boynton Beach (eft a ===m provide the address nuaber. street nates and tits-, nm3,'Ur pro -fide the street name, closest drsi mted =tersrstien and either She tilt (if located vitbin a city) or County (if located in the uniumpwated area of the cotmt_�,). If the Dery lopatent consists of Scattered Stirs, the Developmm= Location stared above must rrtlset the Scattered Site wherr the Derwlw:nent LOCatica Point is located. On or before the Application Deadline, the City,"County of Boynton Beach couunitted lame of Cir CT CLMMI%-) S 75,000.00 as a grant to the Applicant for its use solely for assisting the proposed Development referenced above. The City,County does not expect To be repaid yr reimbursed be the Applicant. er any other entity. provided the fturds are expended solely for the Development referenced above. No consideration or promise of consideration Ims been given ,,dTh respect to the grant. For pm -tomes of the foregoing. the premise of pre ,iding affordable housing does not constitute conssdeiation. The conzxntitt.=t for this grant is effective as of the :application DeaMine referenced aboze, and is pro-nded specifically viTh respect to the proposed Development. The soice of titt inair i:: 6:iy nton Beach amrnunity Redeyela�•r•etttksencv CERr1FIC.r rio 3certify thiat''re foiegoing informatit3n is to ie and correct and That this commitment i,4 effecri tie at least tau ough the date required in the applicable RFA. Signature :erovaylor Paint oi• T-vpe Na lue Maloar Pwi; or T,pA ! Ae This rertifrcatis9n n ust be signed bg ;he cries appointed �,ftic1,1:'staff+ responsible for each approvals. Mayor. City 1Lianager, County Manager Achnsniszrator'C"oordinator. C eirperson osthe Cir; Counci Commission or Chavperson of Thr Board zf C'oun y C'omnussiotners , if the contribution is front a Land AttthonTV org.1mzsd pizsuant io Chapter HD 0663, Florida Statutes, this certification taint be signed b the of the Land-kueiorit7 One of the authorized persons named above may sign flus form for celtifrcatiorn of state. federal or Local Ciovetrnuent fields initially obtained by or derived frorn a Local Goverstriaent that is directly administered by an intel=CdiatT such :is a hcitsing tinanCe Witthoritti. a roMnnurity reinv^eszrzent Corporation. v1 a BrBte- cenifred C'onunlurnt f Housing Development Organization (CHDO) Other signatories are not acceptable, The Applicau; -will not receive credit for this contribution if the-ertificidirnx is iutproperly signed. To be considered for points. thg smount of the contribution stated on this forst, rnusr be a precast dollar Braun, acid cannot inclodc word" such as estimated. -12p to, roartinium of, not to exceed. et:. If the Application is :cat eligible &-y auwz ttic points. this contribution hill not be considered if tate certification z mains corrections or `vw•hrte-out' or if the ceriucation is altered or rct;.pcd. The certification meal be phorccapied. Please tote: This fonn nosy be modified by F'llorids Housing Finance Corporation per :'Section 67-60,005. F-A,C, (Font -Rev. 0:445 RF -A 2015.107 ATTACH M ENT 2 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE PROJECT KNOWN AS MARTIN LUTHER KING, JR. BLVD. SOUTH TO BE DEVELOPED BY HOUSING TRUST GROUP, LLC , PURSUANT TO CHAPTER 420, PART V, 5093-5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the day of 2015 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, UIT Y and CRA (the "Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of seventy-five thousand dollars ($75,000) in the form of a grant contribution ( the "Grant") to assist the developer, HOUSING TRUST GROUP, LLC , in the development of certain properties located on the south side of Martin Luther King, Jr. Blvd. and as described in Exhibit "A" attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay, on behalf of the CRA, the Grant to HOUSING TRUST GROUP, LLC. (the "Grantee"), under the condition that the HOUSING TRUST GROUP, LLC obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2016, and Page 1 of 6 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act'), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the $75,000 to HOUSING TRUST GROUP, LLC consistent with the terms of this Agreement; or 2) or failure of of HOUSING TRUST GROUP, LLC to obtain underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2016. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY on behalf of the CRA. Payment shall be made by the CITY to HOUSING TRUST GROUP, Page 2 of 6 LLC 1) upon HOUSING TRUST GROUP, LLC providing evidence that they have obtained underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation and 2) upon real estate closing for the project properties located on the south side of Martin Luther King, Jr. Blvd. within the CRA as described in the attached Exhibit "A". The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of City's notice of making payment. Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Improvements. Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 9. VENUE Page 3 of 6 9,01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Pahn Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 13. NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Vivian Brooks, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Page 4 of 6 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Section 14. INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one parry than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida LIM Page 6 of 6 Jerry Taylor, Chair RESOLUTION NO. R15 - A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO HOUSING TRUST GROUP, LLC FOR A 9% TAX CREDIT FOR CERTAIN PROPERTIES LOCATED ON THE SOUTH SIDE OF MARTIN LUTHER KING JR. BLVD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to eliminate slum and blight and to facilitate the development of affordable housing within the Community Redevelopment Area; and WHEREAS, the proposed development of certain properties located on the south side of Martin Luther King, Jr. Blvd. and as more particularly described in Exhibit "A" will help the Community Redevelopment Agency to achieve its goals; and WHEREAS, the developer HOUSING GROUP TRUST,LLC is applying for 9% Low -Income Housing Tax credits in November of 2015; and WHEREAS, the financial match of $75,000 required by the Florida Housing Finance Corporation allocator of 9% tax credits will be paid for by the Boynton Beach Community Redevelopment Agency; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the development of certain properties described in Exhibit "A" on behalf of HOUSING TRUST GROUP, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the Local Government Contribution required by Florida Housing Finance Corporation on behalf of HOUSING TRUST GROUP, LLC developer of those certain properties as further described in Exhibit "A", a copy of said Interlocal Agreement is attached hereto as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor—Joseph Casello Commissioner —Mike Fitzpatrick Commissioner— Mack McCray Commissioner David Merker ATTEST: Janet M. Prainito, MMC City Clerk EXHIBIT "A" • 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Patin Beach Country Club Ests • E. Martin Luther King Jr. BIvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests • 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 9'h Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests • 123 NE 9'' Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests • 129 NE O'Ave. - 08-4345-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests • NE 9d' Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 96' Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 9'h Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests RA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I X I Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: XIII. E. SUBJECT: Consideration of expanding the Scope of Work boundary area for the North Entry Signage Project. SUMMARY: The CRA Board approved funding in the FY 2014-2015 budget for the reconstruction of the two existing City Entry Signage features: Sign 1: North Sign) located on the western side of North Federal Highway, north of the C-16 canal; and Sign 2: South Sign) located within the median of South Federal Highway & Gulfstream Boulevard. At the Board meeting held on January 13, 2015, the CRA approved the issuance of an Invitation to Bid (ITB) to solicit cost proposals from qualified contracting firms to complete the project. As a result, Collage Design & Construction Group, Inc. d/b/a The Collage Companies was found to be the lowest responsible bidder and selected by the CRA Board to be the general contractor for the project at their March 10, 2015 meeting. The approved contract project cost is $243,472 along with a 15% contingency for a total CRA funded amount of $280,000 (see Attachment 1). The signage project is currently well underway at both the south and the north site locations. The southern sign location has progressed to installation of the tree up -lights and decorative sign foundation completed. The north sign location has been cleared, existing sign wall structure cleaned, new stucco finish applied and painted as well as concrete pavers and bollard up -lights installed. As the north sign project takes its new form, it becomes apparent to CRA staff that the existing landscape and site conditions on either side of the sign greatly detract from the impact of the project. These areas were planned to be addressed as part of the future FEC Corridor Landscape project but staff is recommending that they become incorporated into the current Entry Signage Project and completed simultaneously. The proposed expanded project boundaries would extend south to the C-16 Canal and north to NW 15"' Avenue (see Attachment II) and would receive new landscape material to replace dying vegetation along with a new irrigation system. CRA staff worked with the design professionals at Kimley-Horn to create a landscape and irrigation plan, making use of the healthiest existing plant material and adding new material to create a landscape feature that compliments the signage project. The engineer's estimate of probable cost for the expanded scope of work is $105,519. The Collage Companies submitted a proposed Change Order for this work in the amount of $78,822 (see Attachment III). FISCAL IMPACT: Reallocation of $78,822 from Property & Acquisitions Line Item #02-58200-401 to the Entry Signage Project Line Item #02-58200-402. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS: Approval of the Change Order and line item reallocation in the amount of $78,822 as submitted by The Collage Companies for the expanded scope of work at the north sign location associated with the current Entry Signage Project. r Michael Simon, sistant Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeeiinglFY 2015 - 2016 Board Meetings\October 20151North Signage Project -Expanding the scope.docx ATTACHMENT OMA 1ocu ment AI a 1 TM -2007 -'bndarrd Form ofAgreement B®iween Owner and Contracinr where tie bans of payment is a Stipulated Suns AGREMENT nada as oMa day of in the yearn c 0 jo.,1' (hr vrara(r, mAmze day, rrronth and yen:) BETWEEN the Owner. (Name, legal Atws addrrsa and other jgrmv atlon) Boynton Beach Community Redev b mentAgency 710 N. Federal Highway Boynton Roach, FL 33435 Phone - 661- 787-328e Fax - b61-797.3285 and the C.onhractor. (Nacre, legal stolrrs, address and other informanou) Collage DMd9Q & CansDr MdM Ornup, lne. dWia The Collage Comwhm 585 ToolmoloU Park lake fury, Florida 32746 Phony - 407429-2257 Fax - 407-829-2258 Icor the hollowing Pr+oje= (Name, lVeWon and dWzr kd &vrlpdm) Ranovadon a 7*0 Btsisting Entry Signage Sign 1- S. Focletal Highway & 0416treeM Blvd. Sign 2 - N. Federal Highway. South of Ng l5th Ava Boynton B*wh. Vic Architect: 0MYjm legaT.rta ug a&*M and o0w WomLwa►j) Kimley Horn and Associates 1920 Wakiva way, suite 200 West Palm Beach, Florida 33411 Phone - 561-737-3256 The Owner and Contractor agree as hollows. ihFe document hu trnportant legal OMMINIUMnaea. Camuttown vah on attorney is enooUnIged with raepaot to He eompMon or mDocWon. AIA aoaxnent A201 "-,=7, Qenarar Con "ons cr 0se Contrsrx for Gordon, is adopted in We document by reference. Co not ues with ow tlm+mal 0011M One Unless Itds docuinvo is modeled, tt. aAQWerw*AlCnM" ea7.capppUe 01915 s1B,1976,1es7pIM, is%I 6i.lsse,lesyr 1974.IM,1W.lim,IesraodZa hv7MhmeAce4kM&sear AiabUc ftp domm"swwd.w t Ytrs Aat'r tUr�co prerae�a esr u capy t enUl Ngalatlpnsl rwsrM 111- U - l Mpa* n dr dl�tewdprlpfMIWATISmor+nl�pn�geWlk�s+9lreisuNrsCMMendCi�n6�dp�irr,andt�haprosaarsreleur+nras�ernnadmUpnMlblu � mslerthrtnv. T* d =Mm twa meted rye 01MY M 14AIP24 arae. ft terms dA A i?pcumend nn-LlemandTM ceder no. 20UM13a ..ne is tanrwN, l rde daq'Welle uea q end may notha n�pod Aiio►in Aa aornple 6� TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 3 PAYMENTS a DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 6 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS 'the COM(Ma Documents consist of this Agrvement, Conditions of the Contract (General, Supplarientary and other Cauclitions), Drawings, 5pewfieatiems, Addenda issued prior to eaeculion of this Agee mut, other doclunents Hated in this Agreement and Modifications issued after canition of #his Agreement, all of which foam the Contract, and are as %ally A part of the Contract as if attached to this Agreement or repeated herein. The Contract ieprescnis the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or ond. An mimisation of the Contract Documents, adw than al Modification, appears in Article 9. ARTICLE 2 THE WORT( OF THIS CONTRACT The Cntrttactor shall hilly f+7[ utc the Work described m the Contract Documents, except es specifically indicated in the Contract Docatmeiits W be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of conm8mement of the Work shall be the dabs of this Agreement unless it different date is stated below or provision is made for the date to be fixed is a notice to proceed issued by the Owner. (hrsert the date of commenmment if it didi 7s from the dale of dw Agreement ,or, fapplkable, state that the date will be f=ed in a noidee to proceed) The date of commencilmant of ttta work shall be (30) calendar days from the dada of this contract. The Notice to Proceed and the data of commencement shall be the same day. The Substantial completirnidate of this project shall he no later than 240 days them the issuance of the Notice to proceed. K prior to the commencement of the work, the Owner acquires time to Palle mortgages and other security interests, the Owner's time requirement shall be as follows: NIA 13.2 The Contract Time shall be measured fi om the date of conunmm hent. Init. AM dadsnMA101%W-007. 01918,1�i8,1826,1937,1861,18K 1891, ia63,1997,1674, i%n.1887,1991,1e97ard2W7 pyT} *AmW� Inetlkl or ANddafe. Ali dphla m ved. NrCA� This AUl Deaurnanrts pmleded by LL& Copydaht lawand bdmnobral Tnmt[os tnPoducbm ar d Wuaona$'O*AkeD=wom frormypoftnafkmWfom imaw mdvllandainlh PWM& M6wWvMbrPumcuiedtolAoammdmwne, lI posalhls 2 I vndW#w las► th's doaaner1twaa arsrded an 01MM201414:44:24 under the Jenna of AIA Doarmeab-cn4)emsnd+" oder na 2008770130 , aid k mt fbr resale. Thio dounwt Islloenaad by 8,e American Inartvee d4 mhhecalor or a use a*. and may sot be nwmduaed pftto b 0nmpM4on. U The Contractor shop achieve Subohtrl W Completion of the =%ftc Wont not later than Two Hundred Foray ( ?AO ) dqs from the date of a mmencerneat„ or as follows: (Insert ma"ber of oWemdar d4,m atlbvw&I e&. a cafsndar date mqv be wed when coo iOwed w4* the date gyr cotruner omt Jf4wWia&, insectmPh,s sJbrearlierSubsimdal CovpWon ofcer4d iPo,rtf M nitre Work) Final completion of the Work shall be achieved within thirty (30) days of the Substantial Completion date. "an of the Waris Sul Complstlan Date , suMca to z4usW=nU ofthis Contract rune as provided in the Cos hin Docmooeatg, (fiaseHRMWdont VAV JbrUqmWW0ddWnW= rddfng tofauure to a chieve-SuhsftWd Cw*ehonart time arfor bo=PayaM10fror Wrlycompdetlovto'dwWWL) AFii'1CLE 4 CONTRACT SUM 14.1 The Owner attall pay the Contractor the Contract Sum in current fwws far the Codtracwes pwicmun a of the Contract. The Contract Surn shall be Two Hundred forty time thousand nine hundred sbdy and 251100 DoIh s (S 243, 475.00 ), subject to additions and doductioas as provided in the Contract DOMMMts. 142 The Contact Sum is bond upon the fionewing alternates, if any, which are desoibed in lira Contract Dock and are hereby sampted by the Owner: (&'W the numb" or other &kmVnW0N 0'4MPtffid aWiuWes 4+*6 bttOng or praposwf domarreuta permit the Owner to adept MAw ahemWo nrbaequent to the ezeetrtiarr ofthfsAVWxmf, atmch atraiwsaW gfaneh other aW"zaw showhWthe amount,farouchand tine date when liras amatmt,axpii,es) Item #........... Description ....................................... Unit .............. Quantity ......... Unit Cost ..........Cost # 4.3 Unit prices, if any.. (Z&Wy' 4d'stmat AW Wdtpri 4 AW quantUy IaWamm, #rM� to which tare rrttft price will he ate) Non Units and Lunt Mme Prkts per Unit ($0.00) Licit prices shall be as described in Exhr'bit A: The Collage Companies 1 Aid Form. AAA O0MmWAAf01TM—MV. ttoppr WG IM, 16%1028.1087.1951.115b,1101.left 1117, 10741177.1181',1161,1817 Wad 20 — byThe Amattm kudMar Anti.A9ey�Fasn0mved,ktbl�l0e'rritaltrA'Lba+e�ant<ipralarEadbtril,B, t.awardkrhr+tMionar dlhQmA 4ar11rMANt`anmungn4srarVpe�gonorkmrg►+ewlkls and�panl r,andws[brpr dtn �p ! mdU"k .1%k "rvnentxaa ararlld on of/17r101414.44:24 ut dnrlh W— of AIA Oaaumengaarrosm wut o der r& MBM130 , W is rid rio —W& Thrs da -W*J$ loerMW byita Amok= kxWM arAod*D t(*r&Wd= UM ", and mty uatbe ropoduaad pdwin ks aog*W*n 14.4 Allowences included in tie Contract sum, ifany; (Ic nnO ailawaw 4pd own euu;&dona, if &W. from the aa.,M ce piles) 119M Prim ($MOO) GC -2 Maintenance of Traffic $10,000.00 GC -5 Construction traction Parmits $ I,000.00 ARTICLES PAYWIRTS Ll PRWRMB PAYIIl1; M 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Carmcates 1br Paymant issued by the Architect, the Owner clean melte pmgreas psyments on account ordw Coni seta to the Contractor as Provided below and elaessvhem in the Omtraet Dootnneslts. $ 5.i.2 7be period covered by each ApplicaoOM for Payment shall be ane calendar month ending on rias last day of the mloutb, or as Maws: ISLI .3 Provided that an Application for Paynw t is received by the Architect not lana than the 26 thy of a morals, themer O shall males payment of the cardfied amount to Contractor not later than the 181h day of ibe ibHowing tnoult. Man Apoodon lbrPaym ent is received by the Architect after due appRoadon date fled above, payrnsat shall be made by the Owner not later than twenty ( 20 ) days after the Arehd= ret m ves the Application kr PalrmOL (POdOW, stale or ked taws »my ndW,,* pgWlenr wow a easrtnot)g period ayrilwa) 16.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Comer in accordance with the CQnftdDooumeat. The schedule ofvahres shall allocate the entire Contact Sum among the various potions of the Worts. The schedule of values shall be prepared in such fora and supported by such data to substantiate its accuracy as the Archboarnay require, This schedule, unless objected to by the Arcldteat, shall be used as a basis for reviewing the Contractor's Applications forPayment. 15.1.5 Applications for Payment shall dhow the pa=ntsga of completion of each portion of the Work as of the end of the parlod severed by the Application for Paymeaut. 15.9.8 Subject to other pravidloM of the Contract Documc.ats, the amount of each PmVW PUMOU d Wl be c atz p and as follows. .1 Talcs that parties of res Contract Stan property allocable to completed Work as deternened by ma141Ying the Pmv=tW completion of each pectins of ft Woic by the share of this Contract Sum allocated to dug portion of the Work in the schedule of values, less retainage of kt the amount described in S 5.1.8 pmad ( . pW� {mal determination of coat to the J owner of ediangea in thee: Werk, amounts not in cgs" sball be included ed provided in 5axiem 7.3.9 of AIA Document A201M-2007. General C01060" ofthe Contract for Coe oucti n; Add that pardon ofthe Connect Sum properly allocable to materials aW equipment delivered and suitably stored at the: site gar Aft6quent ineorparation in the aamphftd eandtr w&m {or, if approved in advance by the Owner`', suitably stared offthe aIle at a loosdan agreed upon in writing,), leas retainage of the amount described in S 5.1.8 .pemo .3 Wiotract the aggregate of Favions payments made by the Owner; and A Subtract ammmts, if arty, for which the Arddtwt hes withheid or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-,2007. '1�, S, lest, 7d61L1a�, 7Ad7_94t<AL 18e7 1ar�1,-78IJ,1a9i,1iY1.1dY7 Mvma w NA *++ adti' nc. LM 01% Md may rAtb&mpqUWVWbOft Mogftn 2QOa7704$0 . alit n na! 3 5.1.7 The progress payment amount ddwminad in atcardarm wide Section 5.1.6 shall be fluther tut Med under the fbllowing circumstances, .t Add. upon Substantial Completion ofthe Work, a alma sufiiclent to incraaee the total paymeatts to the iWl mount of the CmMva Sum, less such amounts as the ArcWtact shall determine for Wcomplete Wok, retainage applia$ble to 6uCh work and hutmWed claims; and (Socdon 9.85 OIAU Dw m wA2012007 rmgarinaa release o, qW&-able rdaiaage up= Sk&shuWaj Completion of Wark Snub' cmrsent afstme% raW.) .2 Add. if final cornplodon ofdte Work is #kWedbet mdwiaily delayed through no fault ofthe Contractor, Any additional arnanntt payable in accordance with Seaton 9.10.3 of AIA Dmungut A201-,2007. § 5.1.8 Redaction or limitation of rasnlsgq if any, shall be as foilows: I fit is 0dmieg pdar to Skibsawad Co teen of #re emfire Work to redwe or Ifia'tit the retaiaa8s r"ultWg from tk PerraenA gas ir=r&d in Swdm IJ.6E1 and 11.62 aboK and this is iW explained elsewhere in the Conotrxi Daculerarts; tWWI how prayfstoW for such redaction or limiiaifon.} Fslot to 5u prejeet reaching Sore completim the Owner shall withhold retd=p in the amount of 10% of each P%Wm payment. Once the prehject naahes 50% completion lite Owner shall withhold roWnage in lite amount of S% of each progress peyanehhk I &1.0 E=ept with the Owner's prior appmovsl. the Contwtar shall not make advenme payments to suppliers ft materials or equipment which have not bun delivered and stored at the site. § 6.2 FIKAL PAYMENT T § 52.1 Final payment, camstit d% the =&e ttrtpaid balance ofthe Contract Stun, dWI be made by to owner to tate Contraatar when .1 the Contractor has Wy perfanued the Conhud except for the Contritmes respo Rst'bHiW to correct Work as provided in Soodon 12.2.2 of AIA DocanartA20I x007, and to satisfy other reequireanerrts, if any, which vd nd beyond final payment; and .2 a final Certificate for Payment has been Issued by the Architect. 6.2.2 The Ownces final paytmemt to the COnr&CW shall be made no later than 30 days after the isswum of the Atcfhittars final Catificate for Payment, or w foliowa: FkW payniant made no lata than tweahty (20) days afker t&iasuehuCe and approval of the .a►wMec6 5na1 Cftfifioft of L ARTICLE 6 DISPUTE REBOWTlpill § 6.1 INITIAL DEUSION MAKER The Architect will nerve as Twdal Decision hfWW pehrsuant to Section 15.2 of AIA D=one nt A201 2007, uWas the partied appoint below another individual, riot a party to this Agra t, to serve as Tnitlal Docfsimr Wftkw, (11dw lbw nmaaaliy gpte, insert the rla+rttr, aeddrrra and otAser aaa AW jormdon of ulna InNal skw Maker, a0w dm the Amhwct.) C, -r7 -- MD= Ardf hk 1 undwde ft meds. MNt01915, f9{B, i926,1WZ loot, is>aa, IM, IM 1967, IW4, ifn,11ea7 IM, 19e7end9WjWtheAma,Iantnelgaerr 7tieAfll�iaP�dt�U.a.e�y,I�etiWefidtnDlp�aaanra C�iee.Ihl�aroNredr�piodueautner �+�4Pa�dlfi�grrnswwodwYaad�MnpralPt+tWar�.ap4ww7b� tdt�rmw9u,maA�pa�{� rooted en t1111712ei4 i4.'4 kA4 under the imi. aI AIA thowmwft orf�andee na z03e77G150 . uid N not byheAumimIrmft eofArd*amferorn+aaeufte*endo"namrgyaduoedPilartoieaomplsdn $ 62 BINDING MSPWE RE.SOLJrWM For MW Claim subject to, but not resolved by, meMation pursuant to Soctkm 15.3 of AIA Documem A201-2007, the nudwd of binding dispute resolution shad be as fbllowa: iChecA tae e2WOPriate box Iffix Owner mrd Coidrodar do not select a mathod of bb dalgdiaprrte resolution below, or da Hof su&wgwx* aW" arWrit Wto a 64%949 ftw rerakwon medal odrer thea I#�pWag Cksf a Abe mdvad by Aggaaw in a court ofco astjxria"0m j ❑ Arbltrat oa pursuant tO $schen 15.4 ofAIA Dommtm Axel 2007 09 Udgation in a ooeat of c ompt tact jwisactlon [j Other: (S") In the County of Cmwtnx tton ARTICLE 7 TERMINATION OR SUSPENSION § 711% Contract may be tetMkMtod by the Ownar or the Contrec Uw as pravldad in Article 14 of AIA Document A201 -2W7. 67.2 The Work maybe suspalded by the Owner as pr(nidad in Article 14 of AIA Doc u maA20I 7.007. ARTI=II VISMLANECUS PROVISIONS I W Where refumm is made in this Agmanatt to a provision of AIA Document A201-2007 or mother Comuw Doctm wk the nefe mme relks to filet provision as amended or mggdemerited by odu r provisions of the Contract Documents. 1112 payments duo and tmpaid under the Contract "I boar ilyt 11W from tits; date payment is due at &a robe stated blow, or in the absence dwre4 at the legal rage prevailing ft m time to time at the pleas "iters the Project is located, (meati rase of trltowt gg>W gWn' SOW) 1% per month. I U Tho Owner's representative: (Name ad *ew and other t "sea O Michael Simon. Asaistant Ditectvr 561-737-3256 sitnonm@bbtas Boyd= Bomb Cmn=nhy R,adOvdapment Agcy 710 N. Federal Highway 90yntam Beads, FL 33435 18A Tho Card wkw's rep eve. (Nant aA*vu and oto h*wadmo David Triandt, project Manager The Collage Companies 5$5 Tbchoology park Leal Mary, FL 32W Ofloe: 407-829-2257 Direct Lane: 561262-2773 ditindsde@coU-vsbcom 1 &5 Ntdtitaf the Owner's nor the Conhscror's reprawtalive shall be cbartged vA*W t ten days wrifta notice to the alter Party. C 0M0aac08entMmTM-2W owkhee 1918, Isla, teas, lev'1ae1. Lasa MIL tray.1asr,1974419n7,19sr,1201, lea►rnesoarayrrWARw onnantao.or Ar AN .-TWAv t ift"n2thpmftd t� iWtM t.aWWWlNNNW01 RlsalsasQwAhnrhWrap �Rutfoeer tdth�l��r�rwVIuaMMbllf�an4arsnyR+ar+bn ate nt�++�itensa�ei��,�2dwil bs p2g2aoaastots9awotnr,n,.,s,,,tpoabie vlfANdialrM[ rtdRdertm�twaragAdedon OiH7f2a1474.44t24 undx�erms Ala! q n�a�de►no a9Db77918a .�f�dknod far e>�M. °fh2s dawmart la koensod by She Amdie■2 In�lpee arAiehhx� 1br ens.tlmn � angr. aind meg' hptbe t�p2oduaed Rtlarie � 9anpiaaon I LO Otho provisions: PUBLIC RECORDS: The GRA is public agnsioy subject to t'ha w I 19. Plonida Std ICL The mar rhsll t~omply with 2'lorida's Public Rwm* Lawes. SpocitltAlly, dM amtractor shall: I. Rxp dad ud dais public wcara that os d nwIy and iXy woUId be tagidred by the CPA in order to par(WM the ses vim z. Provide the public with access t,a much public tacards an the same term and conditions that the CRA world modda the scuds and at a cost that does not exaeed that provided to 119, Fla. Stat, or as othaWfw provided by law, 3. E== that public neco nW that ate nntempt of that are nWf'uleauial and a tempt from public record requsit ems Am not disclosed caexpt as authorised by law; and 4. Meet KII regna+ecowts foriddding public hecotda and to the CRA, at no cost; all public re=& in pe8arasim of the 00IMtaor upon twMIMtian of the contract and desbW say duplicate public nwords that an wcempt or confidential said vwmpt All records atoned ahmtmtdtelly mud be provided ie ffie CR.A m a f - n;rt that is oDIMehble with the inttbttnatton to dmology syate m of the agency, The f4i ne of the eonbutor to owVly with the Woviaiooa not forth in this egeaemenyc t shall confute a Defodt and Breach of this sunt. If C flU=tW Will to esus thedafauIt within seven (7) days' notice fm m the CRA, the CRA may teemin to the Agrmmnm . ARTICLE 9 EIll VMTION OF CONTRACT DOMWNTs 19.1 The Contract Do=nmtts, ==g for MoMatiotts issued after execution of this Ate, are atutmesved in the seatlotts below. I LIA Do Aleut is tins exembed AIA Document Al 01-2007, Stend€a+d Form of Agrtnettt BdMft t ChWor end 9.1.2 The Ceneratl Conditions ata AIA Docitn *M A201 2007, Gene Condititma of the CotttV& for Ctmmowdon. § 9.1.3 The Supple netrt"and odtet CmAtiotw of the CoWn t: DOGttl s t TWO WA Dde Pam I MA The sptxxf' treadws: (M+►rstr lira des mea h"g or rsp<,'er to an exhOit ached to this ,r mmo BBCgtA MS Document dt Spe eiOaetlerts .......................... Issue nate: Ili 5113 ............. ,...., 29 pages The Collaga Cmc antes! Bid Pscke®e ............... ..............Detail; 2114JI5 ................ ..I....... 54 pages Sin 7ft DdEe PNO trait, �►baaurmtAletTM—y0�7;�ypap►YhtS�7978.?1a3�19h5y763�,9851.isdB,imtif,ta98,�iiti7.1g7k1a7listr/.ts6t,1sB7Mai�D7�tiht,Aertwt$aeaF A+e9�lOxns.l4tlsEpMsn�ewd.W11[iNtMit£7haeAkR�be�as�entlapnrAealed h!►tL& CoPy�trtpLawaadlaWrnA Tiw�la. L9ltwetP�w[�apa�e6(p,t er WWWNM§ vL 77hhk�was=mindon 7rA141d t4ter'44:24 a undR81aW CMIAt6Mr�rrs•-nn-o6MWdW ar�derao 2�p0577GiS0' i lar+ai.77�1edasrnantiaBmbdb7►t+aeN�riesicanGrdiWeerRA+d+t hra�5nremoo, andMWnatbenspadubedWIC"DrOMPA%ftt 10.14 The Drawings: Other list the Drply W Irene ar refer to an exhibit attached to this Ajm.) MAAW4 BBCRA rrB PrWeat Doll Place & Specifitcadm ................ Issue Data; 1!15115..............18 pages Number Tide $ L1.6 The Addenda, ifany. BBCRA n13 Domtmt & Speeifidadow - Addendum we. l 8WRA rrB Det & Speoificgk e - Additd=-No. 2 BBCRA ITB Dooms A & Spwfflcm m - AddwW= No, 2- Att Dmb Pages 2110/ 015 2 pUm 2/1MIS 2 ppsm 2/192015 l pap Pmtiaos of Addends relating to bidding rapkum= aro not park ofthe Contract Doo mw me wdem the bidding recluitettgnts an also enumerated in this Article 9. § 9.1.7 Additional doalrr xm% if any, fmming part of the, Contact Doullmeats: .1 ALA, D==M 8201 TK --2007, Digital Data Protocol Lxhfti ifmvgAetcd by the pubes, or the Uk wing: Other dou wnwe v4 if any, listed below: (Leat hay ow adWiftand docum u that alae iretadtofarmpart gthe Capt Dvmw&. &A DacwmW"I-M7 provides that biddy rayuinrw w& mock as a *WWW~ or i+n+itat M to bid Ir ctiom m Bt*ers, ammp&farttta anal ON CarrftWw'a bid ane oWprat e f& CwbwtDmmm& nndW enutmaratsd In this Agm m ant They d wWd bm ltatedhene ads (f bM mdadto be part of tlwr CAW,oCtDwm► oM) AIADtriwM*A101"-2W.C*piyMQ1v15.181a,i*Mtdz<7.jW,1469,1991,7663,1a67,W4,107.IM, IM, M7end2081hvVwA- 1mO td A.Md�hle 1lfbNtl:'ttrisAUt"�prMr�Oop��Nedb!'+w�.Cp'6igidlKEawwslpM�'1'willirklw�ua�sdntll 10i6�A�t�OCiYlrtlfit� f a�t1710��.a1��eldlil�wYiA1'�YaI�YdWtAi6YlE�11a�YyflPdr�f�epllOfe�ldteYfr�IdOgldi� undwdm trw. Tbh dom n mwu aid an OIMM441414424under lMlerms a AlA ooe�nnroate anDwnand� ado to. 20MM130 , mdb m r ra lapit.11dt4ac u-ftUs ��wted byftAma*n twgpae d & grant flmp wee*, and mg nal be mpvdLmd pgw1b ft wmpltmw ARnCLE t0 INSURANCE AND BONDS The COnftud r shall Pmvimse atsd maintain bmrarrae and provide bcmds m set Borth in Anide 11 of AIA Dom merit A201-2007. (fie bre regtrirerrrsm V4py, and lumb ofizabihYfo►' mw om mdned m Arfiele 11 ofiU.4 Document A201-2007.) Type of bmmnae or fond Lhk of Li bi ft or Bond Amount ($0.00) Payment A mance Band 10095 of covhwt MOM* inclt> oM of MW Ammdments thereto. C810CM of Itmm u=: OIL As aabmilted, cart OZIP dated 2113/13 Certiecate of hxu mae: WIC As submitt4 eertif=W dated 2113113 Tigs Agtmna t entered into as of the day and year first vMttm AL� Brian A. WW* PnWdmc (Panted name and title) %'r— � ' o -v (Arhftd now and title) ba AIRDP=wM*A491--W& lits, A 7 16, TY87.1e61,1e59,101,1m 107, 1814,1am im. low, 7897'thmAaMbm kwMwscf AI dgftnmpw. O SAM to pvbdm t hvUR tk rnlphetatdndtMansillmgl Ti asETtlk EJmsresatnasd r$PmdwAm or uAanafMefs armYPsotRnet/rsrailtln*vfse�rlarmuMfpandwlBhBproebOnngran / to rffwf�waThisrJppims�ri�yaMnnreledoh0U17Y80741Rt43 4 under halarmsaFAt4DommmAx- ro0wamW"kwderno.2Cb87"ISO Idmbm Rrirle,TNmdoocrosnt BS=r adbydmAmsriosnInsaWecrAn flxarmllnauss01%and mWhdbormpmdxmdlo►t rbftoanWwbm ATTACHMENT II AB 31Y0 SNDISN3tl <N bI–Y–ZL — NO' VORIO-u I4OV38 NOMOS V110 HO`d39 NO_LN.kOG .,n �.. �°,�. a:� y�� �, «. Na• � � IA� o oW r — NVId 311S HI2ION and aaavdaad UJOH<«A9Iw� H9lYH NYNIYHq .- 3L a 3JVNJIS 3 ,�Je ILL 3 WO�I3M ivxo ®� Cl09LLri0 1]31'Oad YHN gg :y IV off s1 as11 1 M V I ks 3 € a LL LL if a LL sll �LU lop1 €IV I ' Q LLI vp al 3 a� < 19 iv r LU _W Rig _n 6ae �t as w� ' a d s - W _ ri 'gill! 4 dS :il "5 u ri v Al ri ,4l a6 i7 i �*100l F.E.0 Ab- IL H v LL, IV O z1200 LLI W to-E<a r� V4 CAW AS 3tva NO-38 '°N SlBl/OZ/9 '— vGl8ol3 H3V38 WI08 IVNVO 0 `oHO HO`d38 NO 1N.108 a O mm3 M� —1enw 9s9iu9n wm • .N"�x' o 96-3 AAV Hl5 6 aoi aaaveaaa Ol 3o g H9nH .N NVHIMP gLoz .3.a Did --=uns avoui d uaOH3(KRalwi) NVId 3dVOSaN`dl HOV39 NOlNJl08 • 9109C1C40 = w �Ow 3IIN3/,tl X151 3N _ I � awe m 3 1 3 MO138 335 - 3�IlM tl= i u L " ¢ h .w4s w i ;. `:'..; •:;' 11 \ I 1 - wGm °�i rc� g gg V Nl w ; g 3Qa "Fo �j pWq W w g"F< wF 11 w 4� 11 r=aiNS "f Ws u1< rc �o J I 0 g (n l Nt>i., ' 111 i e\•y I'. 11 ,x U�°' " ° o W m x w sw Q 9 CL I~LI d� N •° :'r,, o�Go o� �- a ash o" gu °g U i 11 g°m h - a �9 wa aF In ai w { ,C 3/08tl 335 - N lX�1TlJ �l•`� `�_ x'`�r IJi< ' �w s" Wu aNu n x� Q u79 _ 4 z££ \ \ e aG < SNS wLLa m a a rw� m waga tm .0 a" E E �N �� 060 w =mz OKOF ° Nwz w =az Z j F •� � QQ _�w °� n•I 5 �i� .– ww <aF ae > w°Na W 1pz rc o %y m W 8§ EE 6 � Fp i\•\i rcs ��� < ��� �pww �� ��_ � � A � F 8 � F ' M 3erx°xri °°� iRUR� w uv ws, woos ui ar= nR vv uavR u• re s�mtin° swreav .x w arm zo c�oz or ,x nv irxr� w os am Revs wusl. IF. ,s Rau s Rxw•a ae ura sa01su3a _ sLoz/oz/e "�tl0 M" vcl—A Noris Noi os nssc9ss9 v, js `d21 I NVO 96-0 0 HOV38 NOiW,08 � ro� "°"a�,s3 Ol DAV H196 3N aodo3UVdFdd cD HDIVH a NVAYNor sLoz ivs°nsnv� H3=i=m9 avomiidu J ua�HK<�a���� 9L091LL90 Sllb'13a 3dVOSaNV 0—d d„„ HOV38 NO1NAOS +++ +++ Nn x ++� p— m P 9 / V Y�;�� �e�� � ins?$�” =g _r„� aN 101110, HR ®a "e a aing WN €m,9 is / x aI� 3�sff �k3��,5 E® gg rg "fg m w 3 6 gg $�s� M! III M s -I m e6 3<ra sxoI61A3aSIO./9Z/8 '— xr tlOWTU HOV38 NOIN - - -x 66L9999 V1 �yNb'O 9l -O VZIO HOd38 NOlNA08 'F 0x�53ivp v axv x�ai°x Aiin s ozxo ncei r •x U0J GRIVd3Ud {� Ol 3AV Hl5 L 3N r - - ll.i®H<KAalllll� MWH WHIM slots mnv b333f19 avallmd J 910911£90 S310N 3db'OSONt/l HO`d38 NOlNA08 " 103r0ad Yxx AM M'Ej F]"� 'gIai P� � � 9 � 2 �� �;MgINU9198 2, a�: *Mip s=� alk a `���.gW, yds k9��ag zag�4 kay p��a mg`s `�2 its � k"� s 2� 'g a e9 21-1 SiP ya°� Wig ��° �� kagsv "� gad y5 s-= ,8OR m,g 0 a1 .a �W> iir$"fi_" I�s�=sae a es Q„esgg�,i agar"�;�-3�� �ft�a;g'sa i7<z5 "e ae y$ fag %eu Is y s xa �w W < a s g~o 3 n a:ag �; $N � g £ j3 �� � sa I N N11 g � 5 , kr � � W— Qhs , 7"=° 8 " -°< m"a �sg5=sri�i' =aaa5saggy��' IV 4 M A "g�Ms LL a=n Seg` s 3 �o �A V _ a 3 sa �^��_ � IN � S aW g8�`°��4< ��a§w a =gW$" 3�ka Hg aha �n a a aver is''g sJ gas __a� �"° sn El ain'� R a3sxB°s=""%smQ a�=j gy9`,Yr?' ;-E.J ="Ep "P �Wa 1N fig d"s V V 6 #a g a,g, §sa=� y^ szg k §3g= 'a aW'g=� c=`s1tt�N "�'s_� C'ugu` g7g70°9 y 9p 1saga g 3w� RUNE ids �� Ir,'ii" d�3 $a afi�2_3-23 "TS Sas p�'al'o 1l "Y� •xn ��T” ��� _ ; ka i6{ grit, Ono i f 3 s4 §g €o �H <3 3 Pg3W 39�g� m. Y "e�LL"p PINOil W kk' ad�� s r5"ems- Y5s -2 js° �W age g y� ate,. k 2 s g' an 4� fig 16 g <=g 2g: � '' " cog a= a€�, �"Wig .," i 1 wj"F a„g aoa.w s as k � P k meas _< g g s ° a _fie' fag <ck�a 9i° aP -_a y= g �z g e gW W a° Et,ak F � a � g z tis �6„`s y 1� g § -3g sou o 3B °� _ S° s m sc a k r g V !j W E8ju esj k g°�g 6km�� s § gg YV g=§==ag gas e k 3 k�aF aNg ” kW'sA° s ups g s kS s_ g°ss,s. N `ae- s F� a s 3 o” ;§ a - 4E y cW a >sg g" F�= _ _ e IP! s a Y at 33 ss s as s�V a' .° 3 2 �_ a ��� W� HiQ �¢ �w m �& ffi $ �S3a ? saa ..� r RUN VH 2„.�aM a s gsag a � a` �g w €�a" a § � Q ALP Hu., 09- jal" qq!!r o= k 3 3�s R;� � Rig � =a� E a� Kg"�sy;a, a g s og aka i€. ea HEN HMO "a'o a° �k a3s a a n ecru ��>s 5, Pie 3 g c § ag �gamm i=IP,n ° 4 o k a°g q g s �s � = s..° s"M 9 Qas �s aag"=_Et k==�° akkg s-3s"ga Y'g - g 71 7m4�r�#ag°k a °k „ -" �� k � a °ntjjns �y1 1!%,! ;a ag� Sae W E a$ n"> s=" $ �"=3 Y s s x s ks z.in � �a ,fie a� as"V �f jgg-� IV,��r a �t< £�'�sz� a s ka g 3 affi HIP .2 <xk agar" Sag X03 Qhs &3 NJ k �a a= e�'. a jo"5 �j 4� ° a �zk-° ga g�eNc"s� H=keso !- at § ES 51 a .� Yy €s am a" kg sH,szg s$ . �g� §F k a s x is_p k a a :�- TIM ae k eLL ya 15 g><a a," �" t �Q aaa ea sg 23' G°G o i_ i ra ds ski s>i$�a ff m � "§`<kp= g� "8 $ggg �t"�- � g 3tx@44g9 3 1tl R mi g .213 o, y x1@ � o A6 31tl0I SNOISN3x SIOZ/9Z/9ro tl01NOlH H�tl39 NO1NA09 a':..; ° ss s.e la's Axa cc 3yw SLrm�sv aNtlsrx'aoH xnn� s oz s UJ® 0<(/®� �I /� S6G9999 V, 1°""m xxnt mmu xoitlH aNY"cP S WAS. IyNt/� 9 6-� Ol 3/�b� HIS 6 3N NtlId NOIl4dJlZlZll H210 HOt/38 NOlNA08 uoA 03HVd3tld oymnida HO`d39 NOlN.l09 o =" gmz isnonv 9109GLf>0 103fOtld YHN f a m� 9Sc gyg game Ey6= KM- M yof d, Js a,J! KYR= aQ1 `Yg 9 8 F° sH o a`t "am a�L P oa � n P 1 W.g m�NrpB ay€ s m8, Rin I gl° 1 "� Y rc-F ma 6� iY �Y = LLs d d b g gd i '83- N ° SBC°�`�, Mul - kl qR ; d^ rtiE n rySf �`5 - MR! -�' 5 �E - 2� Y 8 W ��saSBC� m�- ; aN�ry°n" � K P _ Pm C P 8C P BCt E➢ s =� $ -° P`-$ a' .£ ft =o fib fi m�is s m�C- m�is m m m and yrs € ��� � e=` �as_� Ilia aCo m6 u4 ;�` �-� 1 1_ is 3 _a ��_� aha � Z O Q m= o= Sm o= o• a# I a� m.� mw L i 11 I I a,w 4 wig f _ VQ1w1j HOr3B NOIWOB qua v,- - - secssss r, $ IVNVO 96-O VNO HOV38 NO1NAOS x�we a• sroez n�re ve v zee x3SOL9 99.mov s .eA�nsw aoj a3avd3aa m_ O xarx axrwraoLO Ol 3/�`d H156 3N ZI33�f18 db�02i�IV2J w L sLoz iva onr = J UJOH(((Aaj !N 9109LLtvo S11Vl34 NOIlVE*:N1 HOV38 NOlN�l08 " ALO L rxa g gE$ i T a nNA 0 Xm O z m s U c i � g a#lip 99 3� $; a p r" Y w G w � z z O O U � w s§ €r g9s Iib H M oilR w N Q g$3 � � xvw nmxn zi 5 Oa g �§� W O O O a 0 Z _ O Z O sm Y w � 00 StOZ/9Z/B' "1 _ _ YOItlOIJ H3v3B NO- o ssasees e, 's IVNVO 9l -O V210 HO`d30 NO1NA08 Js NOA03wd3Hd HDIVH m aNs.��msb Ol 8nd H1S L N 'N ��® (:tl�� wl a���i� siozisn�ne S310N N011volI lml b3=Ulla avoui 8 =� /i I /� .3=„� 31tl0 HOV38 NO1NA08 ]L 9LLm Kit %gi- $a�6p•6p5 ppBBi E 555 s a� € g ks€% ��._ songs Ea �'s 3t Y,aSEsFE Sp"c F jY6B l�a.Oi 8a C kf «c L " g $ lilt kc S• %s g spa fro ! 5 S S 41 5 fi tl cy 8 �P 5 Bs �9fi pp9 6 g 8 pi c9 o�'a g- gF-- g a" a 8:;_ RJR, § 3 a v3 a aj5 ? PF 91 fish;' E 1u5 � •g � � y� p�•3 3• � op p¢e� $?' y R�S y dEy° y $�j S��x 5 k £6 .§"5� € �3 Ea P-_ pg afire §N g 59 Pa t k� �a M. �X. 8. k g 5� y t k € 6� �6: Safi 6 - "y. E�� S6 it J • m dE S =8 s5 gB�.i 1h OEM ��" B s6F o5 8§` E -e` p �• F= g' s E $ f. € ��� B_�• � a fie. P�� �a � i. $ �B� i 8a fi �� � gF�B �� �` r��rP ���� �t�� h y$ x x _ k: B r„ YagF E" p g .BE �.§ 93b '� zsis BtsS g p yy; 3� P§ �P«;• P" �"E u� a 5 y g g s€€ 88kk p �` gfill� aBEil $ 5 [ I';'a°" B r P �P" eip P -Y F'df Ei1 ms bFels ga tea"4?! FoA ��P a �°is$�a fie �8at11 � a s a m 3m v o IN LL n? ga a i 3 .4px g a'§_ 5 $ IIg p9 ae F SE F 'Wt 4� gfr a °EF M s a pc js a " t€ y"� €F€ a s" p°g f&•�'' Pr € h i. � Pk j g k ! p i P 11, -4 Pp �� eP j• Ila -2 F" l T sE aeo h €a �Fpg¢@ P«�a37 �31 �5��6 9P �E igp 9 3 S�§9 yy iP� gi ��fipfi Pa�5 ggp y{5a BP 9 PB tt p8 I -.:ti m Pgv9 a,555F555 �� �� a �•�P ���� 8$a $p�_ g 151 .5 viE ac nwffik' P9 �• 39g8 f g i <F Pa9 P $�:gbd 83 s�.@ 0 E$- � a 3 =s� pp P S.Yfiis . �.63 H5 'a d8.a g#p S1, 59y rfi a® 's F•" �p'p aq;_q fig a.c 0 F�S30 Fa �i �COIEIlia�� a lea!' h Y 'B1,11s' s@;° gj�s 5 8SU, Vis° "6 sY t£ �_fll p ft. s _ z 9 o Al 3 E g app'66 y yFF" a_ ypppEE poi $883x PP�Sg ,fiyf, �-�pp a iofi gP t a gas 3$F •-€ Yc p, r1 "s € fire" gg 3jg gg•�� �"�r � is 8y � y}�S� ® F-�•p .a &�e Ba F'fi �8 .�� B $�E !� 8 P�Zp� fi� Y� �a� gyfi Bfi ;S6 4 �$4 •�5 _eg$iE3 d.€ 8 Y€" P € i' gBb $�� -_€ a3'�s § sap 4'a5� pa3 zs F° a sp fig g@} fag. gig yk3 §{ s - 3= MI Ps <€ pia €?$ -- tl _...._ - -_-__ - -- -i [ v�rv'°xi ostrs°3�9ermm.99rssd ,rir5°d3ry°r5'9oxaoemox x9-.°sm.9ix:c.3,°xcox°d/e S6 9999tl1 ]59L09L1f4 0 -1VNVO 96-0 ba0 HOH3 8 NO 1NA08 01 3A H19 O� ms C4 I �lON NOIltJl��{3�j18Qb1 HOo38 NOlNJ08ks ao° NOd 3Wd3 H IN N "J P ¢9 3 eek P p3 F sg 3 a :fit g a � € ; -mitt ;.So Ik 8s 'ea t f idE 3 9 3t r a E°5gi-` § 'f�i 1Eg9� a fi f s Ag eg a$ a _ $.3 € a 3�8 ggF ;.� fifi i§ f g� i}$ $ €aa fi5 hHilt x 15 g� l sS� •� E- X 3� �� AEg 8 � �ES�x�g_8°g �Y�: �3 8 '�§ $ 6Y E g gg k= 1235. i $ 5 Fa ifis ;Eg r �y a g11€ - s& E � §� � :�i 2� to B� � � ;g 3a .!<� 6§ � EF EB. � a y��g g Fg F FP'§<•^, qua-�9�7 9Pp � P §E4 -k of 2 i is i g NY -b a3 .gf ii,e� Asia i aaig i g � �g � �� ¥ � �➢ ��� �.�� g;�t �� Ea � :-.`�"��ga fit e g ::���5 31 1429 S g P 1i iga Aida# �g ggpp ig`i sig p=g € igfi el 1 P1a =sE§P. g1Y-p y4g ! fly fihy gy"g 3- a'ya - $_Y v P^.y g �-k f$ Eg � s -h' �.F a�ai _3 fill S 8�'P "y ��a P E 61 IuO° E"3I$ F i. g € i 5c k F 3 p pil, 3 i _ € 4 ; € 9yi €Fi ggpygy. E a c §§g p9g�5 os sp3g a SE¢ �1 §� §gg$F�fa°t� gggggg °E E 8_A$ a �P32y5, 72! b, 11112§ P fill A3- bh k ag o ggs9 py ! s 6 Ef 339 IfillY 8 i g 2-fiS$E' i Ill a 9 { £ iii EE 3 tl S Y�d s 3 @ €€€c�PgPgg s4s3 �$f 2 i � 36. ���E A € �Y 2, �:•� " gy�a � fi i g+ axsF.c s 3` 5- 8§ 6ggi y- � F�11 l$SE 1 g p $ t o s 2 � yg ull € `l fill i A 6°8s§t `�i� Pg 1^-gif3i '-§� gg.c 4ix el ,qill m �� i E.-,- F g_E. ,3 VB k I N= Et i9 N38 �tg� § _ §� § eve 39955 5 age r 1 �T_ F Fif �1 99.11 1s, -5l! FSI 2fi A =1�es Pg-g�gFti ib _ at� a sru a12 a; u d t8 8 t4 B x. m m F_« F d a _a_i d m a u u eag m�llPfil k gC �v s 9t gsAB $8ksg3 0. _i sgE?_ �ciE kE y �y aps i epp i a kas 3 sA sit lit �f' U P isg¢':g¢ E P 5 t is 9 9 k Pik o� fi 6I h^l a 3 3.P �. 1 1 F F ATTACHMENT III Kimley)))Horn Date: 8/21/2015 Project Name: Boynton Beach Welcome Sign Landscape Location: NE 15th Ave to C-16 Canal General Conditions item No. uescripiion UM Quantity Unit Gosi Gosr 1 Mobilization! Demobilization (15%) LS 1 $15,000 $ 15,000 2 Maintenance of Traffic (10%) ALLOW 1 $10,000 $ 10,000 3 Bonds/insurance LS 1 $5,000 $ 5,000 4 Construction Permits ALLOW 1 $5,000 $ 5,000 5 Clearing and Grubbing/ Demolition LS 1 $5,000 $ 5,000 Subtotal $ 40,000 Item No, Description unrt I wantify Unit Cost i;osr 6 Clusia - 25 Gal EA 15 $180 $ 2,700 7 Florida Thatch Palm - 6' HT EA 7 $250 $ 1,750 8 Montgomery Palm EA 2 $500 $ 1,000 9 Queen Emma' Crinum - 7gal EA 5 $40 $ 200 10 Red Tip Cocoplum - 7gal EA 216 $35 $ 7,560 11 Flax Lily- Igal EA 393 $7 $ 2,751 12 Liriope -1gal EA 59 $7 $ 413 13 Dwarf Schillings Holly - 3gal EA 394 $10 $ 3,940 14 JBahla Sod SF 3,500 $0.35 $ 1,225 Subtotal Is 21,539 -Irri.. . Item No. uescnpnon unit Quantity Unit Gusi cost 15 Rainbird 1806 PRS - 8 Series MPR EA 30 $20.00 $ 600 16 Rainbird 1806 PRS -10 Series MPR EA 20 $20.00 $ 400 17 Rainbird 1806 PRS -12 Series MPR EA 20 $20.00 $ 400 18 Rainbird 1806 PRS - 15 Strip Series EA 12 $20.00 1 $ 240 19 Rainbird 1812 PRS -15 Strip Series EA 39 1 $20.00 $ 780 20 Rainbird 1812 PRS - 8 Series MPR EA 56 $20.00 $ 1,120 21 Rainbird 1812 PRS -10 Series MPR EA 17 $20.00 $ 340 22 Rainbird 1812 PRS - ADJ EA 10 $20.00 $ 200 23 Rainbird 1300AF Flood - Flood Bubbler EA 24 $8.00 $ 192 24 Rainbird PEB - Control Valve EA 5 $200.00 $ 1,000 25 Rainbird ESP-UME - Controller EA 1 1 $500.00 $ 500 26 Hunter MINI-CLIK - Rain Sensor EA 1 $75.00 $ 75 27 Irrigation Lateral Line LF 2613 $10.00 $ 26,130 28 lIrrigation Main Line LF 405 $10.00 $ 4,050 Subtotal $ 34,387 Page 1 of 2 Kimley)))Horn Subtotal: 10% GRAND TOTAL $ 105,5191 Note: The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known at this time and represent only the judgment as a design professional familiar with the construction industry. This estimate cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Page 2 of 2 CHANGE OWNER: r❑ �� E ARCHITECT: 0 ORDER CONTRACTOR: FIELD: 0 OTHER: PROJECT: Boynton Beach Welcome Signage CHANGE ORDER NO.: 005 OWNER: Boynton Beach Community Redevelopment Agency DATE: 10/01/15 71 ON. Federal Highway Boyton Beach, FL 33435 ARCH. PROJECT NO: 59030 CONTRACT DATE: 05/07/15 CONTRACTOR: The Collage Companies CONTRACTOR FOR: 585 Technology Park Signage Lake Mary, FL 32746 CONT. PROJECT NO: 59030 The Contract is changed as follows: Provide all necessary labor, material, equipment, hoisting, maintenance traffic, supervision and $78,822.00 management to perform the work in accordance with the landscape and irrigation plans prepared by Kimely-Horn dated August 26, 2016. • Landscaping and Irrigation Drawings Titled Ne 15th Ave to C-16 Canal dated August 26, 2015 * Sheet L-100 " Sheet L-150 • Sheet L-151 • Sheet L-200 • Sheet L-250 • Sheet L-251 Not valid until signed by the Owner, Architect and Contractor. The original Contract Sum $243,472.00 Net change by previously authorized Change Orders $9,067.00 The Contract Sum Prior 10 this Change Order was $252,539.00 The Contract Sum Will Be Increased $78,822.00 by this Change Order in the Amount of The new Contract Sum including this Change Order will be $331,361.00 The Contract Time will be changed by 60 days. The dale of Substantial completion as of the date of this Change Order therefore is April 3, 2016 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. KIMLEY-HORN & ASSOCIATES INC. The Collage Companies Boynton Beach Community Redevelopment Agency ARCHITECT CONTRACTOR OWNER 4431 EMBARCARDERO DR. 585 Technology Park 710N. Federal Highway West Palm Beach, FL 33407-3258 Lake Mary, FL 32746 Boyton Beach, FL 33435 By: By: By: Date: Dale: Date: nn',nliot -I I., t "Llilith www.collage-usa.com i ■R ME THFCOLLAGE COMPANIES . L f l E " 4 Mr. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FI. 33435 Re: BBCRA Welcome Signage — North Sign Subject: FEC Corridor Landscape & Irrigation Michael: Sept. 16, 2015 Oct. 01, 2015 Rev.1 Pursuant to your request and as per drawings dated August 26, 2015, Collage will provide all management, supervision, equipment, labor and materials necessary to perform the work as stated below. A. North Sign Florida East Coast Corridor (FEC) Landscape & Irrigation A.1 - General Conditions $ 24,000.00 A.2 — Maintenance of Traffic $ 4,700.00 A.3 - Site Preparation $ 4,500.00 AA - Landscaping $ 16,347.00 A.5 - Irrigation $ 17,650.00 A.6 - Brick Pavers $ 1,800.00 Sub Total $ 67,197.00 Bonds & Insurance 2% $ 1,344.00 Contractors Fee 15% $ 10,281.00 Grand Total $ 78,822.00 Contract Time Extension 60 days If you should have any questions in this regard, please do not hesitate to contact me at 561-262-2773 In Appreciation, THE COLLAGE COMPANIES David Trindade PROJECT MANAGER ATTACHMENTS; SUB CONTRACTOR BACK UP BOYNTOC� =BEACH CRA BOARD MEETING OF: Consent Agenda IX I Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: XIII.F. SUBJECT: Consideration for Lease between the CRA and DJV Development for 404 E. Martin Luther King, Jr. Blvd. Unit A in the amount of $12,000 for a Three Year Term. SUMMARY: At the September 8, 2015 CRA Board meeting, the Board approved entering into a lease with DJV Development for commercial space at 404 E. Martin Luther King, Jr. Blvd. Unit C for use for the Community Policing Program. At the time the CRA was looking at the building, Unit A was not available because the owner was in lease negotiations with a potential tenant (See Attachment 1). However, when staff conducted a walk-through with the leasing agent for the property, staff was informed that the lease negotiations had ended on Unit A. Unit A is better suited for the Community Policing Program due to its existing layout and office styled improvements. As a previous restaurant, Unit C will need substantial work to make it usable for the Policing Program (See Attachment 2) and no longer being recommended. The owner was asking $1,200 a month for Unit A but accepted the CRA's offer of $1,000 per month with a base rent escalation of $100 per month upon each annual renewal of the lease, i.e. $1,000 per month in year 1; $1,100 per month in year 2; and $1,200 per month in year 3 (See Attachment 3). Under the proposed lease Water, sewer and real estate taxes are included in the monthly rent. The lease has been reviewed by legal. FISCAL IMPACT: Year 1 of $12,000 budgeted in FY 15-16 line item 02-58200-401. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Beach Community Redevelopment Plan Update RECOMMENDATIONS: Approve the execution of the lease for 404 E. MLK Blvd. Unit A between DJV Development and the CRA for a term of three years. ivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151Lease MLK.docx ATTACHMENT 1 ATTACHMENT 2 3 m z i i �+���� a ��,� ,� Ll ATTACHMENT 3 ROBERT B. BANTING, PRESIDENT ANDEIPSON & C Ve INC. PAUL H. SNITKIN, HEAD OF SALES KKKKKKKKKK«K«««KKKKKKKKKKKKKKaKKK«KK«K Appraisers *Realtors 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401-5907 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 August 27, 2015 Sharon Grcevic, Realtor Boynton Beach Realty CIO DJV Development, LLC 2203 Avenue X Brooklyn, NY 11235 L1ua Sew4w Scarce 1947 I RE: Proposed Lease by and between DN Development, LLC (Landlord) and Professional Use and/or assigns (Lessee) pertaining to 404 East Martin Luther King Boulevard, Boynton Beach, Florida ("Property"). Dear Sharon: Lessor. DJV Development, LLC Lessee: Professional Use and/or assigns Property: 404 East Martin Luther King Boulevard, Unit #404, Boynton Beach, Fl. Unit size is approximately 1,000 Square feet. Lease Price: $1,000/Month, plus Florida sales tax. Lease Term: Five (5) year base term with one (1) 5 years options to renew. Base rent escalations are 3% per year. Deposit Monies: Lessee shall pay First month rent, Last month rent and Security Deposit at Execution of Lease. Rent Commencement: Rent commencement date shall begin on November 1, 2015. The tenant shall receive one (1) month free rent/October 2015. Parking. Street parking available, possibly some on-site in future. Access: Lessee shall be provided full access to the Property, at their own risk, during the Free Rent Period for the purpose of conducting all and necessary improvements to space. However, access shall be done during normal business hours with reasonable notice. Intended Use: Lessee is leasing the subject property for future use as a Profession use. Signage: Signage is the sole responsibility of the Tenant and subject to owner's approval. City regulations do apply. ANUMSON & CARR, INC. Sharon Grcevic, Realtor Boynton Beach Realty August 27, 2015 Page 2 of 3 Property Condition: The Property is being leased in "AS -IS, WHERE -IS" condition. Brokers: Both parties agree that the only brokers involved in this transaction are Anderson & Carr, Inc. and Boynton Beach Realty who are acting as a Transaction Brokers and will be compensated by Landlord in a separate document. The compensation is 6% of the base rent for the initial term. Time ofAcceptance: The offer contained in this Letter of Intent shall expire and be of no further force and effect should Landlord fail to accept by executing a copy of this Letter of Intent and returning it to Lessee's representative, Paul Snitkin of Anderson & Carr, Inc., by the close of business at 5:00 p.m. EST, on September 3, 2015. This letter constitutes a non-binding Letter of Intent. It sets forth our preliminary understanding of certain of the principal terms and conditions of the proposed transactions. Other terms and conditions are to be resolved in the course of finalizing the Lease. Except as set forth in the following paragraph, the execution of the Lease is a condition precedent to the creation of any binding agreement or legal obligation between Lessor and Lessee. Except as set forth in the following paragraph, nothing contained in this Letter of Intent will create any legally binding obligation on Lessor or Lessee, whether under this letter or otherwise, including without limitation any duty to continue negotiations to reach a written, definitive Lease or to negotiate in good faith. Either party may discontinue negotiations at any time for any reason. Should the terms of this Letter of Intent be acceptable, please have the appropriate authorized individual(s) indicate acceptance by initialing each page, and affixing their signature below, at which point the Lessor shall proceed with the drafting of the Lease. ACKNOWLEDGED AND ACCEPTED (Lessor, DJV Development, LLC): LN David Thause Date: ACKNOWLEDGED AND ACCEPTED (Lessee, Professional Use, TBA): LIM TBA, Director Date COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into on October 1, 2015, by and between DJV Development, LLC, whose address is 2203 Avenue X, Brooklyn, NY 11235, (hereinafter referred to as "Landlord"), and Boynton Beach Community Redevelopment Agency, whose address isX710 North Federal Highway, Boynton Beach, FL 33435, (hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described as 404 E. Martin Luther King, Jr. Blvd. Unit A (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon. ARTICLE If - LEASE TERM Section 1, Total Term of Lease. The term of this Lease shall begin on the commencement date, October 1, 2015 as defined in Section 2 of this Article 11, and shall terminate on September 30, 2018, with one three year option to renew. Base rent escalations of $100.00 per month each anniversary year. Water and sewer are included in rental rate. One month free rent October 2015. Section 2. Commencement Date. The "Commencement Date" shall be October 1, 2015. ARTICLE III - EXTENSIONS The parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of any such extension. ARTICLE IV - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof, at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the following rates and times: Section 1. Annual Rent. Annual rent for the term of the Lease shall be Twelve Thousand Dollars ($12,000.00). Section 2. Payment of Yearly Rent. The annual rent shall be payable in advance in equal monthly installments of one -twelfth (1/12th) of the total yearly rent, which shall be One Thousand 00/100 ($1,000.00), on the first day of each and every calendar month during the term hereof, and prorate for the fractional portion of any month, except that on the first day of the calendar month immediately following the Commencement Date, the Tenant shall also pay to the Landlord rent at the said rate for any portion of the preceding calendar month included in the term of this Lease. 00$5$.Id9-2 Page 1 of 19 Reference to yearly rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any extensions as may be agreed upon. A late fee in the amount of One Hundred Dollars ($100.00) shall be assessed if payment is not postmarked or received by Landlord on or before the tenth day of each month. ARTICLE V - SECURITY DEPOSIT The Tenant has deposited with the Landlord the sum of One Thousand Dollars ($1,000.00) as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be returned to the Tenant after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. In the event of a bona fide sale of the property of which the leased prernises are a part, the Landlord shall have the right to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. ARTICLE VI — TAXES Section 1. Personal Property Taxes. The Tenant shall be liable for all taxes levied against any leasehold interest of the Tenant or personal property and trade fixtures owned or placed by the Tenant in the Leased Premises. Section 2, Florida State Sales Tax. The prevailing Florida State Sales Tax shall be applicable to the annual lease amount and payable by the Tenant. Section 4. Payment of Ordinary Assessments. The Tenant shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (21) days after the day on which the same became initially due. The Tenant may take the benefit of any law allowing assessments to be paid in installments and in such event the Tenant shall only be liable for. such installments of assessments due during the term hereof. ARTICLE VII - CONSTRUCTION AND COMPLETION Section 1. Improvements by TENANT. Tenant may have prepared plans and specifications for the construction of improvements, and, if so, such plans and specifications are attached hereto as Exhibit "B" and incorporated herein by reference. Tenant shall obtain all certificates, permits, licenses and other authorizations of governmental bodies or authorities which are necessary to permit the construction of the improvements on the demised premises and shall keep the same in full force and effect at Tenant's cost. Tenant shall negotiate, let and supervise all contracts for the furnishing of services, labor, and materials for the construction of the improvements on the demised premises at its cost. All such contracts shall require the contracting party to guarantee performance and all workmanship and materials installed by it for a period of one year following the date of cornpletion of construction. Tenant shall cause all contracts to be fully and completely performed in a good and workmanlike manner, all to the effect that the improvements shall be fully and completely constructed and installed in accordance with good engineering and construction practice. OU558AA9-2 Page 2 of 19 During the course of construction, Tenant shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance in a sum equal, from time to time, to three times the amount expended for construction of the improvements. All risk of loss or damage to the improvements during the course of construction shall be on Tenant with the proceeds from insurance thereon payable to Landlord. Upon completion of construction, Tenant shall, at its cost, obtain an occupancy permit and all other permits or licenses necessary for the occupancy of the improvements and the operation of the sarne as set out herein and shall keep the same in force. Nothing herein shall alter the intent of the parties that Tenant shall be frilly and completely responsible for all aspects pertaining to the construction of the improvements of the demised premises and for the payment of all costs associated therewith. Landlord shall be under no duty to investigate or verify Tenant's compliance with the provision herein. Moreover, neither Tenant nor any third party may construe the permission granted Tenant hereunder to create any responsibility on the part of the Landlord to pay for any improvements, alterations or repairs occasioned by the Tenant. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord , in addition to all other rernedies available to the Landlord , the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant. Section 2. Utilities. Landlord shall pay for all water, sanitation, and sewer. Tenant shall pay for all electricity, light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. ARTICLE V1II - OBLIGATIONS FOR REPAIRS Section 1. LANDLORD'S Repairs. Subject to any provisions herein to the contrary, and except for maintenance or replacement necessitated as the result of the act or omission of sub lessees, licensees or contractors, the Landlord shall be required to repair only defects, deficiencies, deviations or failures of materials or workmanship in the building. The Landlord shall keep the Leased Premises free of such defects, deficiencies, deviations or failures during the term of this Lease and any extension thereof. Section 2. TENANT'S Repairs. The Tenant shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, the repairs required of Landlord pursuant hereto, and maintenance or replacement necessitated as the result of the act or omission or negligence of the Landlord, its employees, agents, or contractors. Section 3. Requirements of the Law. The Tenant agrees that if any federal, state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and regulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the 00558449-2 Page 3 of 19 Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section 1 and 3 of this Article; and such federal, state or municipal government or any other department or division thereof, has ordered or required, or shall hereafter order or require, any alterations or repairs thcreof'or installations and repairs as may be necessary to comply with such laws, orders or requirements (the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in connection therewith, the Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, the Tenant shall be deprived as a result thereof, and the Landlord shall be obligated to make such repairs, alterations or modifications at Landlord's expense, All such rebuilding, altering, installing and repairing shall be done in accordance with Plans and Specifications approved by the Tenant, which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the Tenant's obligation to repair pursuant to Section 2 of this Article VI1 or with respect to Tenant's own costs and expenses, no abatement or adjustment of rent shall be granted; provided, however, that Tenant shall also be entitled to contest the validity thereof. Section 4. TENANT'S Alterations. The Tenant shall have the right, at its sole expense, from time to time, to redecorate the Leased Premises and to make such non-structural alterations and changes in such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations and changes shall neither impair the structural soundness nor diminish the value of the Leased Premises. The Tenant may make structural alterations and additions to the Leased Premises provided that Tenant has first obtained the consent thereto of the Landlord in writing. The Landlord agrees that it shall not withhold such consent unreasonably. The Landlord shall execute and deliver upon the request of the Tenant such instrument or instruments embodying the approval of the Landlord which may be required by the public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, changes and/or installations in, to or upon the Leased Premises and the Tenant agrees to pay for such licenses or permits. Section 5. Permits and (Expenses. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each Party hereto shall give written notice to the other party of any repairs required of the other pursuant to the provisions of this Article and the party responsible for said repairs agrees promptly to commence such repairs and to prosecute the same to completion diligently, subject, however, to the delays occasioned by events beyond the control of such party. Each party agrees to pay promptly when due the entire cost of any work done by it upon the Leased Premises so that the Leased Premises at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner. 06559419.2 Page 4 of 19 ARTICLE IX - TENANT'S COVENANTS Section 1. TENANTSs Covenants. Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or tennination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to show the Leased Premises to prospective purchasers of the Building and to provide Landlord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To permit Landlord to enter the Leased Premises to inspect such repairs, improvements, alterations or additions thereto as may be required under the provisions of this Lease. If, as a result of such repairs, improvements, alterations, or additions, Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, Tenant shall be deprived as a result thereof. ARTICLE X - INDEMNITY BY TENANT Section 1. Indemnity and Public Liability. The Tenant shall save Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancellable without ten (10) days prior written notice to Landlord. ARTICLE XI - USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant for any lawful purpose in betterment of the community. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sub lessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE XII - SIGNAG177 00558449-2 Page 5 of 19 Section 1. Exterior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect signs on any portion of the Leased Premises, providing that Tenant shall remove any such signs upon termination of this lease, and repair all damage occasioned thereby to the Leased Premises. Section 2. Interior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect, maintain, place and install its usual and customary signs and fixtures in the interior of the Leased Premises. ARTICLE X111 - INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fiend under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises. In case of such damage or destruction, Landlord shall be entitled to make withdrawals from such trust fund, from time to time, upon presentation of: a. bills for labor and materials expended in repair, restoration, rebuilding or replacement, or any combination thereof; b. Landlord's sworn statement that such labor and materials for which payment is being made have been furnished or delivered on site; and c. the certificate of a supervising architect (selected by Landlord and Tenant and approved by an institutional first mortgagee, if any, whose fees will be paid out of said insurance proceeds) certifying that the work being paid for has been completed in accordance with the Plans and Specifications previously approved by Landlord, Tenant and any institutional first mortgagee in a first class, good and workmanlike manner and in accordance with all pertinent governmental requirements. Any insurance proceeds in excess of such proceeds as shall be necessary for such repair, restoration, rebuilding, replacement or any combination thereof shall be the sole property of Landlord subject to any rights therein of Landlord's mortgagee, and if the proceeds necessary for such repair, restoration. rebuilding or replacement, or any combination thereof shall be inadequate to pay the cost thereof, Tenant shal l suffer the deficiency. Section 2. Subrogation. Landlord and Tenant hereby release each other, to the extent of the insurance coverage provided hereunder, from any and all liability or responsibility (to the other or anyone claiming through or under the other by way of subrogation or otherwise) for any loss to or damage of property covered by the fire and extended coverage insurance policies insuring 00558,149-z Page 6 of 19 the Leased Premises and any of Tenant's property, even if such loss or damage shall have been caused by the fault or negligence of the other party. Section 3. Contribution. Tenant shall reimburse Landlord for all insurance premiums connected with or applicable to the Leased Premises for whatever insurance policy the Landlord, at its sole and exclusive option, should select. ARTICLE XIV - DAMAGE TO DEMISED PREMISES Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy. Section 2. Repairs and Restoration. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such darnage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in ,Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord, or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising. ARTICLE XV - CONDEMNATION Section 1. Total Taking. If, after the execution of.'this Lease and prior to the expiration of the term hereof, the whole of the Ceased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of 00556449-2 Page 7 of 19 the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. Section 2, Partial Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, any public or private authority shall, under the power of eminent domain, take, or Landlord shall convey to said authority in lieu of such taking, property which results in a reduction by fifteen (15%) percent or more of the area in the Leased Premises, or of a portion of the Leased Premises that substantially interrupts or substantially obstructs the conducting of business on the Leased Premises; then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant shall receive notice of such taking. In the event of termination by Tenant under the provisions of Section I of this Article XV, this Lease and the term hereof shall cease and terminate as of the date when possession shall be taken by the appropriate authority of that portion of the Entire Property that results in one of the above takings, and any unearned rent or other charges, if any, paid in advance by Tenant shall be refunded to Tenant. Section 3. Restoration. In the event of a taking in respect of which Tenant shall not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord , at Landlord's sole cost and expense, forthwith shall restore the remaining portions of the Leased Premises, including any and all improvements made theretofore to an architectural whole in substantially the same condition that the same were in prior to such taking. A just proportion of the rent reserved herein and any other charges payable by Tenant hereunder, according to the nature and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or abated until the completion of such restoration and thereafter the rent and any other charges shall be reduced in proportion to the square footage of the Leased Premises remaining after such taking. Section 4. The Award. All compensation awarded for any taking, whether for the whole or a portion of the Leased Premises, shall be the sole property of the Landlord whether such compensation shall be awarded for diminution in the value of, or loss of, the leasehold or for diminution in the value of, or loss of, the fee in the Leased Premises, or otherwise. The Tenant hereby assigns to Landlord all of Tenant's right and title to and interest in any and all such compensation. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent clairn for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personalty and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. Section S. Release. In the event of any termination of this Lease as the result of the provisions of this Article XV, the parties, effective as of such termination, shall be released, each to the other, from all liability and obligations thereafter arising under this lease. ARTICLE XVI - DEFAULT Section 1. LANDLORD'S Remedies. In the event that: 00558,149_2 A Page 8 of 19 a. Tenant shall on three or more occasions be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord ten or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or b, Tenant has caused a lien to be fled against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof; or c. Tenant shall default in the; observance or performance of any of the covenants and agreements required to be performed and observed by "Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, "Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Sixty (60) days have elapsed after the commencement of any proceeding by or against Tenant, whether by the fling of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, whereby such proceeding shall not have been dismissed (provided, however, that the non - dismissal of any such proceeding shall not be a default hereunder so long as all of Tenant's covenants and obligations hereunder are being performed by or on behalf of Tenant); then Landlord shall be entitled to its election (unless Tenant shall cure such default prior to such election), to exercise concurrently or successively, any one or more of the following rights: I. Terminate this lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of (a) the Minimum Rent, Percentage Rent, Taxes and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or iii. Without terminating this Lease, declare immediately due and payable all Minimum Rent, Taxes, and other rents and amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees, tenants, and subtenants on account of said Premises during the term of this 00158449-2 A Page 9 of 19 Lease, provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefor. If such rentals received from such reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be calculated and paid monthly. No such reletting shall be construed as an election by Landlord to terminate this Lease unless a written notice of such election has been given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or V. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or render the same, so long as "Tenant is in default tinder this Lease; or vi. Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or vii. Foreclose the security interest described herein, including the immediate taking of possession of all property on or in the Premises; or viii. Pursue such other remedies as are available at law or equity. e. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not (1) constitute an election of remedies or preclude pursuit of any. other remedy or remedies provided in this Lease or any other remedy or remedies providd by law or in equity, separately or concurrently or in any combination, or (2) sever as 00558449.2 Page 10 of 19 the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. Section 2. LANDLORD'S Self Help. If in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed and shall not cure such default within thirty (30) days after notice from Landlord specifying the default (or if such default shall reasonably take more than thirty (30) days to cure, shall diligently prosecuted the same to completion), Landlord may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Tenant, and any amount paid or contractual liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and Tenant agrees to reimburse Landlord therefore and save Landlord harmless therefrom. Provided, however, that Landlord may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Tenant if any emergency situation exists, or after notice to Tenant, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid for the account of Tenant hereunder, said amount shall be added to and become due as a part of the next payment of rent due and shall for all purposes be deemed and treated as rent hereunder. Section 3. TENANT'S Self Help. If Landlord shall default in the performance or Observance of any agreement or condition in this Lease contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists, or after notice to Landlord, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or "t'enant's interest therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse 'tenant upon demand for any amount paid or liability incurred for the account of Landlord hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding payments of rent due hereunder; provided, however, that should said amount or the liability therefor be disputed by Landlord, Landlord may contest its liability or the amount thereof, through arbitration or through a declaratory judgment action and Landlord shall bear the cost of the filing fees therefore. Should Tenant be required to enforce the provisions of this Lease and prevail in any action in furtherance thereof, it shall be entitled to the reimbursement of all costs. expenses and attorney's fees associated with said action. ARTICLE XVII - TITLE Section I. Subordination. Tenant shall, upon the request of Landlord in writing, subordinate this Lease to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, 005 SN.a., 9-2iv) Page 11 of 19 however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: a. in the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of "Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder, and b. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of Articles XIII, XIV or XV, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or other similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article XVII means a mortgage securing a loan frorn a bank (commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. Section 2. Quiet Enjoyment, Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. Section 3. Zoning and Good Title. Landlord warrants and represents, upon which warranty and representation Tenant has relied in the execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute, free and clear of all encumbrances, except for the easements, covenants and restrictions of record as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants that this Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant, and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has full right and lawful authority to execute this Lease for the term, in the manner, and upon the conditions and provisions herein contained; that there is no legal impediment to the use of the Leased Premises as set out herein; that the Leased Premises are not subject to any easements, restrictions, zoning ordinances or similar governmental regulations which prevent their use as set out herein; that the Leased Premises presently are zoned for the use contemplated herein and throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under the doctrine of "non- conforming use". or valid and binding decision of appropriate authority, except, however, that said representation and warranty by Landlord shall not be applicable in the event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of "non -conforming use" or the valid and binding decision of the appropriate authority. Landlord shall furnish without expense to Tenant, within thirty (30) days after written request therefor by Tenant, a title 00558449-2 Page 12 of 19 report covering the Leased Premises showing the condition of title as of the date of such certificate, provided, however, that Landlord's obligation hereunder shall be limited to the furnishing of only one such title report. Section 4. Licenses. It shall be the "T'enant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility therefor; the Tenant shall promptly notify Landlord of the fact that it has obtained the necessary licenses in order to prevent any delay to Landlord in commencing construction of the Leased Premises. ARTICLE XVIII - EXTENSIONS/WAIVERS/DISPUTES Section I. Extension Period. Any extension hereof shall be subject to the provisions of Article III hereof. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. Any and all rights and remedies which either party may have Linder this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same tirne. Section 4. Disputes. It is agreed that, if at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against wham the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of the said party to institute suit for the recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. If at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions hereof, the party against whom the obligation to perform the work is asserted may perform such work and 005A-141,1-= Page 13 of' 19 pay the costs thereof.' "under protest" and the performance of such work shall in no event be regarded as a voluntary performance and shall survive the right on the part of the said party to institute suit for the recovery of the costs of such work. If it shall be adjudged that there was no legal obligation on the part of the said party to perform the same or any part thereof, said party shall be entitled to recover the costs of such work or the cost of so much thereof as said party was not legally required to perform under the provisions of this Lease and the amount so paid by Tenant may be withheld or deducted by Tenant from any rents herein reserved. Section 5. TENANT'S Right to cure LANDLORD'S Default. In the event that Landlord shall fail, refuse or neglect to pay any mortgages, liens or encumbrances, the judicial sale of which might affect the interest of Tenant hereunder, or shall fail, refuse or neglect to pay any interest due or payable on any such mortgage, lien or encumbrance, Tenant may pay said mortgages, liens or encumbrances, or interest or perform said conditions and charge to Landlord the amount so paid and withhold and deduct from any rents herein reserved such amounts so paid, and any excess over and above the amounts of said rents shall be paid by Landlord to Tenant. Section b. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. ARTICLE XIX - PROPERTY DAMAGE Section 1. Loss and Damage. Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where caused by the willful act or omission or negligence of Landlord , or Landlord's agents, employees or contractors, provided, however, that if Tenant shall notify Landlord in writing of repairs which are the responsibility of Landlord under Article VII hereof, and Landlord shall fail to commence and diligently prosecute to completion said repairs promptly after such notice, and if after the giving of such notice and the occurrence of such failure, loss of or damage to Tenant's property shall result from the condition as to which Landlord has been notified, Landlord shall indemnify and hold harmless Tenant from any loss, cost or expense arising therefrom. Section 2. Force Majeure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act other than Tenant's obligation to make payments of rent, additional rent, and other charges required hereunder, by reason of strikes, lockouts, unavailability of materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of the other party, war or other reason beyond its control, then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of either party. W534:19-'A-)� Page 14 of 19 ARTICLE XX - MISCELLANEOUS Section 1. Assignment and Subletting. Under the terms and conditions hereunder, Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises or to cease operating Tenant's business on the Leased Premises provided that at the time of such assignment or sublease Tenant shall not be in default in the performance and observance of the obligations imposed upon Tenant hereunder. Landlord must consent in writing to any such sublessee or assignee, although such consent shall not be unreasonably withheld. The use of the leased Premises by such assignee or sublessee shall be expressly limited by and to the provisions of this lease. Section 2, Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. Estoppel Certificates. At any time and from time to time, Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge and deliver to the other or to any person designated by the other a statement in writing certifying that the Lease is unmodified and is in full force and effect, or if there have been modifications, that the same is in full force and effect as modified (stating the modifications), that the other party is not in default in the performance of its covenants hereunder, or if there have been such defaults, specifying the same, and the dates to which the rent and other charges have been paid. Section 4. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each tern and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 5. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. OU55S449-2 Page 15 of 19 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 6. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement, except as set out hereinafter. Section 7. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Section 8. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 9. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefor may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 10. Extraordinary remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto, may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. Section 11. Reliance on Financial Statement. Tenant shall furnish concurrently with the execution of this lease, a financial statement of Tenant prepared by an accountant. Tenant, both in corporate capacity, it'applicable, and individually, hereby represents and warrants that all the information contained therein is complete, true, and correct. Tenant understands that Landlord is relying upon the accuracy of the information contained therein. Should there be found to exist any inaccuracy within the financial statement which adversely affects Tenant's financial standing, or should Tenant's financial circumstances materially change, Landlord may demand, as additional security, an amount equal to an additional two (2) months' rent, which additional security shall be subject to all terms and conditions herein, require a fully executed guaranty by a third party acceptable to Landlord, elect to terminate this Lease, or hold Tenant personally and individually liable hereunder. 00556449-2 Page 16 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: DJV DEVELOPMENT, LLC „ DLORD" ,q cjC1�����'+ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "Tenant" Jerry Taylor, Chair Witness Witness Witness Witness M58449.1 Page 17 of 19 The following described real property, together with all improvements thereon: which has a street address as follows? 00558449-2 Page 18 of 19 EXHIBIT "B" TENANT PLANS AND SPECIFICATIONS 00558449-2 Page 19 of 19 BOYNT01 q =BEACH` CRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda IX J Old Business I I New Business J J Legal I I Information Only I I Other AGENDA ITEM: XIII.G. SUBJECT: Consideration of Agreement for Services between the CRA and the Community Caring Center for Culinary Business Incubator Services SUMMARY: At the August 6, 2015 CRA budget meeting the Board moved to increase funding for the Culinary Business Incubator Program facilitated by the Community Caring Center from $25,000 to $50,000. The Community Caring Center's Culinary Business Incubator Program assists start-up and existing businesses to grow to independence through workshops, training and providing a site to prepare their particular food items. The attached Agreement for Services is for a one year period beginning October 1st 2015. The Agreement provides for the following deliverables from the Community Caring Center: Create 4 new full time equivalent new jobs annually (by September 30, 2016). Verification by W-2 forms, 1099 forms, or RT -6 Quarterly State of Florida Reemployment Tax forms. 2. Conduct quarterly workshops/training. Verified by sign in sheets and to include the following: Workshop/Training Name & Description, include date, location and time. Participants: name of participant, business name of participant (if applicable), business concept, address, telephone number, email address of participant. 3. Cumulative list of Incubator clients and proof of residency beginning with clients as of October 1, 2015. Verification to include: Driver's License, business & corporate documents, business licenses. Indicate whether client is ongoing or new and if any client on a previous report has dropped out of the program. After initial report, verification documents required for new clients only. 4. Incubator Graduate Statistics. List of incubator clients graduating the Incubator Program to start/expand their businesses. If incubator clients go on to take space independent of the incubator, provide copy of leases. Effort should be made to have 25% of incubator clients residing or opening independent businesses within the CRA district. 5. Economic Impact — Client verification to include business data as reported to the Internal Revenue Service. 6. Financial Statements. Financial data provided is to be specific to the Culinary Business Incubator Program only. Quarterly unaudited financial statements and annual audited financial statements for the Incubator Program shall be provided to the CRA. Annual audit of Incubator Program to be submitted by June 2016 after the end of the fiscal year. Quarterly statements are due on the schedule outlined in the attached Agreement. T:tiAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 2015NCCC Incubator.docx BOYNTON; "BEACRICRA FISCAL IMPACT: The Business Incubator Program will create"jobs and economic opportunity for area residents thus adding to the CRA and City's tax base. This program is budgeted in FY 15116, line item 02-58500-470. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS: Approve the attached Agreement for Culinary Business Incubator Services between the Community Caring Center and the CRA in the amount of $50,000 for a one year period. Z1416W- Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board MeetingslOctober 20151CCC Incubator.docx AGREEMENT TO FUND BUSINESS INCUBATOR PROGRAM SERVICES TO COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH INC. This Agreement for the funding of business incubator program services ("Agreement") is entered into this day of October 2015, by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and the COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., DBA THE SECRET GARDEN CAFt, A CULINARY INCUBATOR PROGRAM, CCC a Florida Not -For -Profit Corporation, with a business address of 410 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. RECITALS WHEREAS, the CRA recognizes that the future economic health of the CRA and the City of Boynton Beach ("City") depends upon small businesses; and WHEREAS, the CRA recognizes that many of the small businesses within the City are facing challenges due to economic conditions; and WHEREAS, business incubator programs meet the CRA's objective of economic development within the CRA district per F.S. Chapter 163, Part III, and WHEREAS, the CRA Board of Directors approved the Fiscal Year 2015-2016 budget at the September 8, 2015 meeting, which included funding for a business incubator program to be provided by the CCC, including training and one-on-one technical assistance to new and existing small businesses; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2. Effective Date. This Agreement shall be effective on the date the last party to sign executes this Agreement ("Effective Date"). Section 3. Goals of the Business Incubator Program Funded by the CRA. Business incubators, as defined by the International Business Innovation Association, nurture the development of entrepreneurial companies, helping them survive and grow during the start-up period when they are most vulnerable. Incubator programs provide their client companies with business support services and resources tailored to young firms. Further, as stated in the Small Business Encyclopedia, "[c]ompanies typically spend an average of two years in a business incubator, during which time they 005&1959-1 Page 2 of 6 often share telephone, secretarial office, and production equipment expenses with other startup companies, in an effort to reduce everyone's overhead and operational costs." The most common goals of incubation programs are: creating jobs in the community, enhancing a community's entrepreneurial climate, retaining business in a community, building or accelerating growth in a local industry and diversifying local economies. The CRA recognizes that the CCC's incubator program is a culinary incubator which is a unique and innovative model specific to growing culinary businesses. The culinary incubator businesses produce their food and beverage products in a shared kitchen environment rather than a typical professional office suite setting conducive to professional business firms that require a small office with a desk and chair, shared business equipment and secretarial services. As a result, it is more likely that the culinary incubator clients would have substantially greater costs associated with creating their own establishments and therefore require additional time in an incubator setting. The CRA agrees to be flexible in its consideration specific to length of time spent in a shared kitchen environment specifically from two (2) to five (5) years. Section 4. Requirements A. Scope of Work. CCC will assist Boynton Beach residents who desire to start up a small business or accelerate the growth of an existing business. The Incubator Program will provide a nurturing learning and production environment for small businesses, individual entrepreneurs, and minority and women -owned businesses. The CCC will assist both experienced and inexperienced business clients and provide training and counseling services on a variety of topics to help current and aspiring business owners become successful business owners, consistent with the Goals set forth in Section 3 above. B. Eligibility. Entrepreneurs, start-up business, new businesses and existing businesses shall be eligible for the program. C. Results and Deliverables — Required Quarterly. To be eligible for funding pursuant this Agreement, the CCC shall prepare a Quarterly Report updating the CRA on the status of the following requirements. Failure to submit a Quarterly Report constitutes an event of default pursuant to this Agreement and will not process requests for reimbursement until the default is cured. Create four (4) full time equivalent new jobs annually (by September 30, 2016). Verification by W-2 forms, 1099 forms, or RT -6 Quarterly State of Florida Reemployment Tax forms. 2. Conduct quarterly workshops/training. Verified by sign -in sheets and that include the following: • Name and Description of Workshop/Training, including the date, location and time of the workshop/training. • Name of participant(s), business name of participant(s) (if applicable), business concepts, address, telephone number, email address of participant(s). 3. Cumulative list of Incubator clients and proof of residency beginning with clients as of October 1, 2015. Verification to include: Driver's License, business & corporate documents, business licenses. Indicate whether client is ongoing or new and if any client on a previous report has D0564959-1 T':1CONTRACT'S-LEASES-D1FAsICommunity Caring CentalCCC Business Incubator Agreement (00564959xBA9D6) FINAL LEGAL. 10.8.15.doc Page 3 of 6 dropped out of the program. After initial report, verification documents required for new clients only. 4. Incubator Graduate Statistics. List of incubator clients graduating the Incubator Program to start/expand their businesses. Provide copy of leases for businesses of incubator clients graduating the Incubator Program to start/expand their businesses.. Efforts should be made to have 25% of incubator clients residing or opening independent businesses within the CRA district. 5. Economic Impact — Client verification to include business data as reported to the Internal Revenue Service. 6. Financial Statements due from CCC of Business Incubator Program. Financial data provided is to be specific to the Business Incubator Program only. Annual audited financial statements for the Incubator Program are to be provided by an independent CPA and submitted to the CRA as soon as completed, but prior to any additional funding consideration by the CRA. Quarterly financial statements are due on the schedule outlined above. 7 Marketing The CCC will undertake the program marketing outreach activities to recruit participants who are present or emergent small business owners. Marketing efforts will be towards persons who are residents of the City of Boynton Beach or own and operate a small business located in the City of Boynton Beach. Recruitment of participants for the program will be from word-of-mouth, publicity mailings, email, press releases, attendance at local business events, and referrals by the local Boynton Beach community organizations. CCC shall provide copies of marketing materials on a quarterly basis. D. Reuortinna and Reimbursement Requests shall be due Quarterly on the following schedule: For the period of October 1 — December 31, 2015: due to CRA by February 1, 2016 January 1 — March 31, 2016: due to CRA by May 1, 2016 April 1 —June 30, 2016 due to CRA by August 1, 2016 July 1 — September 30, 2016: due to CRA by November 1, 2016 Section 5. Compensation. CCC shall be compensated for a total of $50,000, paid quarterly ($12,500 per quarter) on a reimbursable basis contingent upon receipt by the CRA of all Results and Deliverables listed in Section 4. Requirements. The CRA shall pay within thirty (30) days of receipt of all required reports. Deadlines for reports must be strictly adhered to for reimbursement by the CRA, and no later than ninety (90) days from the due dates outlined in Section 3. Section 6. Term. This Agreement shall be effective for one year beginning on the effective date and ending on September 30, 2016. Section 7. Termination. This Agreement may be terminated for any reason, or no reason, by the CRA upon thirty (30) days written notice of termination to the CCC. Section $. Non -Discrimination. CCC agrees that no person shall, on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by the CCC, its sub - 00564959 -1 T:ICONTRACTS-LEASES-DIFAs\Community Caring CenterNCCC Business Incubator Agreement (005 4959xBA9D6) FINAL LEGAL 10.8.15.doc Page 4 of 6 contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the CCC that it claims there has been a breach of this condition and thereafter, CCC shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If the CCC does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination has 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. Section 9. Convicted Vendor List. As provided in Sections 287.132 — 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, CCC certifies that it, and its affiliates, contractors, sub -contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Agreement. Section 10. Indemnification. The CCC shall indemnify, defend, save, and hold harmless the CRA, their elected officers, agents, and employees, from any and all claims, damages, losses, liabilities, and expenses, direct, Indirect or consequential arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of the CCC or his subcontractors, agents, officers, employees or independent contractors pursuant to the Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of the CCC and/or his subcontractors, agents, servants or employees in the provision of services under this Agreement. Section 11. Notice. Whenever either party desires to give notice to the other party as required under this Agreement, it must be given by written notice sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Vivian Brooks, Executive Director 710 North Federal Highway Boynton Beach, Florida 33435 With copy to: Tary Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 oos64959-1 T:ICONTRACTS-LEASES-DtFAs\Community Caring Center\CCC Business Incubator Agreement (00564959xBA9D6) FINAL LEGAL 10.8.15.doc Page 5 of 5 If to CCC: Sherry Johnson Community Caring Center of Greater B.B. Inc. 410 E. Boynton Beach Blvd. Boynton Beach, FL 33435 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. Section 12. General Provisions, A. Entire Agreement. The CRA and the CCC 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 the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. B. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. C. 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. D. Headings, The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. E. Attorneys' Fees. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, attorneys' fees and costs, including those at an appellate level, shall be awarded to the prevailing party. F. Jurisdiction and Venue. By the execution of this Agreement, the parties expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm Beach County, Florida, for the limited purpose of litigating a dispute arising out of this Agreement. G. Governing Law. This Agreement shall be governed under the laws of the State of Florida. H. Modification. This Agreement may be modified only upon mutual written consent of all parties. I. Assignments. This Agreement may not be signed without written consent of the CRA. J. Binding Authority, Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CCC (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. oo564959-t T:ICONTRACTS-LEASES-DIFAsICommunity Caring Center\CCC Business Incubator Agreement (00564959xBA9D6) FINAL LEGAL 10.8.15.doc Page 6 of 6 K. Public Records. The CRA is public agency subject to Chapter 119, Florida Statutes. To the extent required by law, the contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Jerry Taylor, Chair Date: (Witness) Print Name: (Witness) Print Name: THE COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., DBA THE SECRET GARDEN CAFE, A CULINARY INCUBATOR PROGRAM By: Sherry Johnson, Executive Director (Witness) Print Name: Date: (Witness) Print Name: 00564959-1 T:ICONTRACTS-LEASES-DIFAs\Community Caring Center\CCC Business Incubator Agreement (00564959xBA9D6) FINAL LEGAL 10.8. t5.doc BOYN N� =BEACH:�",",CRA, CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business J X I New Business J I Legal I I Information Only I I Other AGENDA ITEM: XIV.A. SUBJECT: Consideration of Letter of Intent from Habitat for Humanity of South Palm Beach for Two CRA Properties on the Model Block SUMMARY: The Model Block project is an approved project within the Heart of Boynton Community Redevelopment Plan Update (See Attachment 1). The project scope includes streetscapes, utility improvements, a road extension on NW 11th Avenue and the construction of 13 new for -sale single-family homes. The project is a joint effort between the City and the CRA. The CRA owns two (2) vacant single-family lots within the Model Block project area. The City purchased eleven (11) lots on the block (See Attachment 2). As part of the implementation of the project, the City deeded four lots at no cost to the Faith -Based Community Development Corp.(CDC) to build single-family homes for sale to low and moderate income families (See Attachment 3). The City purchased three of the lots for $353,000 and one lot was deeded to the City by the CRA. Two of the CDC homes are close to completion. The CRA has participated in the Model Block project by purchasing a lot from the Palm Beach County School District to allow for the extension of NW 11th Avenue to the connect to NW 1s' Street. The CRA also purchased a 20 foot easement on Martin Luther King, Jr. Blvd to create room for streetscape improvements. The CRA has budgeted $550,000 in the FY 15116 budget to continue work on the Model Block project. Additionally, Neighborhood Renaissance added landscaping to the public right-of-way as well as to private properties and constructed a new bus shelter along Seacrest. Habitat for Humanity of South Palm Beach has submitted a Letter of Intent to develop two new single- family homes on the two CRA parcels (See Attachment 4). They are requesting the land at no cost due to the difference between the cost to develop the homes and the sales price of the homes. Habitat has committed to build the homes to the specifications created by the City (See Attachment 5). The CRA paid a total of $140,000 for the two lots. One was a vacant lot and the other a dilapidated single- family home. FISCAL IMPACT: A write off of $140,000 (land cost) plus payment of customary closing costs. Future TIF revenue from the two homes will be approximately $4,800 per year. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update T:hAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS%Completed Agenda Item Request Forms by MeetingWY 2015 - 2016 Board Meetings\Agenda Cover Sheet Template.docx BOYNTOR =BEA&r,,CRA RECOMMENDATIONS: To continue with the progress on the Model Block project and further the implementation of the Heart of Boynton CRA Plan staff recommends accepting Habitat's proposal to development the CRA's two single-family lots. If approved by the Board, staff will bring back a Purchase and Development Agreement outlining Habitat's deliverables for the Board's consideration. v L Vivian L. Brooks Executive Director T:►AGENDAS, CONSENTAGENDAS, MONTHLY REPORMCompleted Agenda Item Request Forms by MeetingTY 2015 - 2016 Board MeetingslAgenda Cover Sheet Template.doex ATTACHMENT 1 MODEL BLOCK AREA: EXISTING CONDITIONS A. MODEL BLOCK; CONCEPT DRAWINGS Yl I A9t LII h15N % I I I % :u M .1. + • H J'. At 1l�,N 11�,IDI lirlTtl► }kr1;� AP 42 ATTACHMENT 2 40 ATTACHMENT 3 aI aQip E $ V 0 I 'K N 1s 7 a O E C C 4 CL w O z 2 QU m � 0 O H o z 0 N GJ ay U 4 o X N Q 7 ❑ N re cn c 0 N O 07 07 LL ai a w F, a o �y H O 0 O O y QI C 0 D u o L aj E 7 z CL [/1 a N J tv CL E 9 M O O � Ln Ln M 'A C Of OD 0 N to 411 0 N m v 41 * �W� Z m �L Ln LA o z U�{ U Ua a g Zo z N z z z z a 0002 0 Z Z Z >-}}_ N 0003 O Z CL ❑ ❑ 0 Z Z g Z O b � aF- =) < x Q 0 Ln CO Ln O 0 0 0 0 0 N \ \ \ \ ❑ 0 qtmMoo Lu V) 0 M to co tD 0 N 01 CO t9 L m d = n M QO w 0 CV N — — C 0 LL u +-+ m m H w w za Ln o�Qoo 00 i� NOON 0 a z Lu J d ULu 0 Lu ❑ a Lu U he N I Y ao O W w N N LULL w Ln m O N a 2 N - O -)e i C C N Q ELn O R o 3 _l CL L h H u 0 a N 1s 7 a O E C C 4 CL w O z 2 QU m � 0 O H o z 0 N GJ ay U 4 o X N Q 7 ❑ N re cn c 0 N O 07 07 LL ai a w F, a o �y H O 0 O O y QI C 0 D u o L aj E 7 z CL [/1 a N J tv CL E 9 M O O � Q M 'A C Of OD 0 N U 411 ❑ Lu N m v 41 * �W� CM LL 0 {.. j �L c H 2 2 2 W z m U�{ U Ua a g Zo u]u�mN N z z z z a 0002 0 Z Z Z >-}}_ N 0003 o: 47 0 Uj ❑ CL ❑ ❑ 0 } Z g Z O b � aF- =) < z 30'3► g Ln CO Ln O C Ln to d1 Ln 0 0 0 0 \ \ \ \ ❑ 0 qtmMoo Lu V) 0 M to co tD 0 N 01 CO t9 L m d = n M QO w 0 CV N — — C 0 LL u +-+ 0 u L a ^w, H w w za Ln o�Qoo 00 i� NOON z Lu J d ULu 0 Lu ❑ tJl ❑ N 1s 7 a O E C C 4 CL w O z 2 QU m � 0 O H o z 0 N GJ ay U 4 o X N Q 7 ❑ N re cn c 0 N O 07 07 LL ai a w F, a o �y H O 0 O O y QI C 0 D u o L aj E 7 z CL [/1 a N J tv CL E 9 M IL a LA LM N N O O � Q 'A C O ~ a E �L M MS N N O b � O O to t0 tsr car 4 'sf N N IL a LA LM N N Q T r� t E 439 3 r- 41 Q 'A C O ~ a E �L Q T r� t E 439 3 r- 6 E f9 ❑ _ U N Z 2 E � m U-= u ILIrV 0 00 a ~ r n in r 00 Z N m O'er U m N PA M 2 2 ca :+ Q z �m uuw o o m o L m " u 00 a a o C N v Z m >- iw y ❑ O 00ce L` z , mo N v Orm 0 n n n U Z wf J a W i J ['''�'j _� Z o >- m >`❑❑❑ N m a N a1 y Ln N O LU = d F0 � a O r o ❑ n w �" = o ❑ ❑ asa qu N Y c, pLA Wp N Z LU Q z w d d to r. .7 30 rn z m w ��„ No �, CL d m Ln 0? im N w C\\\ Q m d$ N ❑ LL a 0 m 61 t, Q C c n N O y 0 0� m Q ❑ 0 O N N N C O L ca n 'a N 11 � o -tea S �, „ H d O CTQ z w � mw o0o am i s Ln V C 3F L+flgC c� U 3 CM Ln O 0 td O� 4 r y b9 . LL O 4A LU ❑ J J U w y U x < w Lo La 66 zz jo 0= oNo� O Zg CL CL Z 60 LA FS O O O b4 O O m m w w M 4.11 0 N o a o Ln LM to M M w 4.1 O N CL LA N a b c T da O O O O O O H# H? of o± N N efr wa w M M N N N a O O O O QQ� 469 461 of o± N N ew V4 w 46Lq a Ln LM N a o N N N O O O O 469 461 of o± ew V4 CL a Ln LM N N N r R o z U S. T I J Ln z 00 r OC Ch Q Ln Z CD 00 V Z C) O n. N v co �i LLL.r O O o 2 H J L J U O Q Q 4 H wwQ N Z W Z m W a �oLM �7 �zmw M oY � p opo w n u Caz� m O N O LL LAC 4J O O 0 o y O CL '� m ❑ T9 = tA w `^ a O C ce L o a Q T S9 r 3 tat 0 0 0 0 " 464 V% k L N N to to In Z = M M M 00L O � N N N = O LA M-1 = Q _ Q Z a F m U Q U 4w o z +a W J W 0 ce N Q m Ce Lj- U = m ca z z O W Mo ao w o rn a a, s O kn Q to o +.4 O o c Ll 00 Q Q O u r i C\ Go 00 N u] Z CO Z z J X 64 44 y 69 69 Z 60 �- � � z n[ N C N N m ❑ ❑ ' ce M LLu W Q1 0 O N 1p LQ O O O p� �✓ N d1Lo to 3 la l0 sA ioR b9 N �Cn� d a. LM LnIA LA Ln .19 O 0 ❑ LU Lu L °O O OCL C, m O O a 3 3 3 c b E E ago Q= «�. = 0 o >. 7 7 0 j° j o `o y= } LL O L O 2 ~ ?C a+ -� iC td +> LL CL W U❑ yU li w 2r w O tO Q Q `m` ° IA Q d E F = ° o ca z q; a co 0 u�J Z CL E ;� H C W IV z p N N 0 z g = U Q o � 0o o.2 o v I m U m a IL S9 r 3 * or % 0 0 0 0 0 0 CL o (41l E " r; n to to O w +fl 4A m L41 O ZLU = M M M g _ LM 40 _ ~ }U J O Q W LAZ 2n Z m M I�iu LL LU L O vuC do d Z na: u m no z O d ca °'0 00 CD ii C w Z Z w � Q O O C u 0 0 "' m O O J Q " ly O Z Z z w � x a�Pr w Z O v LL m ❑ M Z mma N O D ILn n m N N N ca ❑© w �t pe A w wCN 0 Ln a o ai O I— O LU w L o b t; �o vi zZ�� �� o m C3 0 LD LD to LD 0 !:� 'C W O z Ln W W b4 t0 to a tD to +A auo+ ¢awl L, _ J J r� � m N LU IL Z l0 lO O M �' 1A Ln T w� Z p M Z N Z LL a 0 0� O d 'a z Z w M O r O tp > Z 'ti U Z\\\\ = p U N N II T m Ul 5 N Li �� a m mGnimO ~ v vi GJ = °C OG n n O tin +' c� t� Q E ocu •a pOU Q ly rO LU O iN5 7 m NLLI N O G a Z ca N ,VVI pl m W O O O G •�' OQa O 6! 7 b 7 7 $ 0 O an u u aPr O tri C C O >?? 9 7 c C O L lJ >< +1 .� u b 0 Im w a � LL a �; w e d Q w L Q C6 LA �. 9 a co v ao �o m Q E CLdi❑ zz O �oo°'i°' z z E 1 x P'1 z 2 a LU Z cm u rL CLA 0 ATTACHMENT 4 40 � PO a � Habitat for Humanity' of South Palm Beach County TO: Vivian Brooks Assistant Director Boynton Beach CRA RE: Model Block Home Construction October 2, 2015 Boynton Beach Community Redevelopment Agency Model Block Property # 1 137 NW I Oth Ave 08434521250010220 Property #2 143 NW 141h Ave 08434521250010230 181 S.E. 5th Avenue Delray Beach, FL 33483 561-819-6070 Fax: 561-819-0173 www.habitatsouthpalmbeach.org Habitat for Humanity South Palm Beach has the ultimate goal to eliminate poverty housing and homelessness from the face of the earth by building adequate and basic housing. Furthermore, all of our words and actions are for the ultimate purpose of putting shelter on the hearts and minds of people in such a powerful way that poverty housing and homelessness become socially, politically and religiously unacceptable in our nations and world. Worldng with the CRA and having the City of Boynton Beach donate the property it will be the intention of Habitat for Humanity of South Palm Beach County to start two single family homes in the "Model Block" community at no cost to the CRA of Boynton by June 2016. Our proposal is for the vacant land identified as Property #1 137 NW 10th Ave 08434521250010220; Property #2 143 NW 10th Ave 08434521250010230 Boynton Beach, Florida, for the construction of an affordable single family home. We agree to build to the Model Block House type, Our product will be in the 1400-1600 SO based on the size of the lot. It will feature the same f a c a d e as indicated in House Type Al and A3 The homes will be sold to Low and Very -Low income families interest free for up to 30 years. Thank you for the opportunity. We look forward to worldng with your organization in the future. Sincerely, j�v w Michael E. Campbell President/CEO Visit Our Restores At 1900 North Federal Highway, Delray Beach, Florida 33483.561-455-4441 QLV 272 South Dixie Highway, Bora Raton, Florida 33432 - 561-362-7284 Habitat for Humanity South Palm Beach will meet or exceed the following construction guidelines: 18.2 Construction R2guirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3/4) bedrooms with one (1) master bedroom. Depending on the selected family size b. Two (2) full bathrooms including one (1) in the master bedroom. C. The master bedroom must be a minimum of 13'x 14' and must contain a walk-in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic file in the entryway, kitchen and bathrooms; Laminate elsewhere. g. Appliances must be new and include: washer, dryer, range, range hood, garbage disposal, refrigerator, and ceiling fans in all bedrooms and living room. h. Wiring for: alarm system, cable, internet and phone. i. Window treatments must be mini -blinds or upgrade. j. Automated in -ground sprinkler system, including swale. k. One -car garage. 1. Impact resistant windows (Dade -County standards). In. Architectural Grade 40 year shingle n. Landscaping must meet or exceed City of Boynton Beach code requirements. o. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ("HOB' j Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. Brooks, Vivian From: Michael Campbell <mcampbell@hfhboca.org> Sent: Monday, September 28, 2015 12:39 PM To: Brooks, Vivian Subject: Martin Luther King Property I have a 200K donor on the hook. The MLK properties could go under construction by January 30th. Blessings Mike Campbell Building Homes, Communities & Hope ATTACHMENT 5 is Ln N Q d N � fp L V cu LL a-+ ro Q V `^ Lu 0 m J zoLUm � z �o o 2i m Model Block Site Map Prototype iirame` — F' OW Palmetto Park/ Greenway Wilson Park ---• Modd Block Location New Family Dollar Location Sara Sims Park Master Plan Overs: � ' a Ocean Breeze East & West Cottage District dt ir Md WI - - AuK. s tlkm - NksirKira.r+*wr it pro" — _ 3 1 - _36 ° tr r .r p'xn A d p L Q. p i f Ln IIII- Z W W > , O CC CL LU LU CC III - Ln Y a O J C13 � p J LU U 0 x CRA BOARD MEETING OF: October 13, 2015 j Consent Agenda I I Old Business I X J New Business Legal Information Only AGENDA ITEM: XIV. B. SUBJECT: Consideration of First Renewal Option of Boynton Harbor Marina, Marina Management Agreement with Waypoint Marine, Inc. SUMMARY: The CRA purchased the waterfront property and existing marine vessel fueling operation located at 735 Casa Loma Boulevard from the developers of the Marina Village complex on January 25, 2007. At that time, Waypoint Marine, Inc. was the fuel dock manager responsible for the full operation of the marine fuel dock. As a result of a RFPIRFQ issued in October 2007, Waypoint Marine, Inc. was selected to provide marina management services to the CRA and entered into a marina management agreement with one approved renewal ending on September 30, 2012. On July 10, 2012, the CRA Board issued a RFPIRFQ soliciting proposals to provide services for the management of the Boynton Harbor Marina. Waypoint Marine, Inc. was selected and entered into a management services agreement with an initial three year term ending September 30, 2015. The agreement provides for an option to renew for two additional three year terms upon mutual agreement of both parties (see Attachment 1). The current annual contract amount of $158,000 has remained flat with no increases over the past three years. The completion of the new Harbor Master Building, Ship Store and Fuel Dispenser upgrades have resulted in increased fuel and retail sales, marina visitors and public activity on the docks along with added operational duties for the new facility. The Addendum No. 1 to the Marina Management Services Agreement (see Attachment II) provides for the previously anticipated funding increase to the annual contract in the amount of $13,435 which equates to the cost for an additional part-time employee. The Addendum No. 1 also provides for an annual increase of $5,000 each year for the remaining two years of the renewal term as well as revisions recommended by CRA legal counsel. Waypoint Marine, Inc. has proven to be an asset to the CRA providing professional, experienced marina staff and outstanding marina management services for the past eight years. Waypoint Marine, Inc. is responsible for the seven day a week, year round operation and staffing of the Boynton Harbor Marina fueling operations, gasoline/diesel fuel sales and orders, weekly/monthly sales reports, repairs and equipment, 19 slip commercial marina, slip rent collection, enforcement of the Dockage Lease Agreements, as well as hurricane plan development and implementation. In addition, the staff of Waypoint Marine provides assistance to CRA staff, contractors and marina area businesses during the major marina redevelopment projects that go far beyond normal operational services. FISCAL IMPACT: General Fund — Account # 01-51630-241: FY 15116 - $171,435; FY 16117 - $176,435; and FY 17118 - $181,435. CRA PLAN, PROGRAM OR PROJECT: Community Redevelopment Plan, Marina Redevelopment Master Plan and the Downtown Vision and Master Plan. RECOMMENDATIONS: Approve the first three year renewal option of the Boynton Harbor Marina Fuel Dock & Slips Management Services Agreement with Waypoint Marine, Inc. under the terms and conditions set forth in Addendum No. 1. Mich n, Assistant Director TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 20151Waypont Marine Mgmt Agrmnt Renewal.docx ATTACHMENT Boynton Harbor Marina Fuel Dock & Slips Management Services Agreement This Management Agreement is made the dates indicated below, by and between Boynton Beach Community Redevelopment Agency, a governmental entity created Pursuant to Florida Statute Chapter 163, with Its principal office located at 710 North Federal Highway, Boynton Beach, Florida 33435 ("Owner"), and Waypoint Marine, Inc., a corporation organized and existing under the laws of Florida, with its principal office located at 2356 Morgans Bluff, West Palm Beach, FL 33411("Manager"). RECITALS A. Owner owns a fuel dock/marina at 735 Casa Loma Boulevard, Boynton Beach, Florida (the mfuel dock (marina"}. B. Manager represents that it is qualified in the supervision, operation and management of fuel dodWmarinas. C. Owner desires to employ Manager to act as its Manager in supervising, administering and managing the fuel docklmarina. D. Manager desires to furnish those services, all subject to the terms and conditions set forth in this agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: SECTION ONE. APPOINTMENT OF MANAGER A. Owner appoints Manager for the tern of this agreement as its sole and exclusive Manager to supervise and administrate, for and at the expense of Owner, the management and operation of the fuel dock/marina, including the management of any ancillary facilities as Owner shall specifically direct, on the terms and conditions stated below. This appointment to be effective the date the last of the parties has signed this agreement and to continue in force afterwards for the period specified in Section Nine below. B. Manager shall manage, operate, and maintain the fuel dockimarina in an efficient and satisfactory manner. Manager shall act in a fiduciary capacity with respect to the proper protec tllon of and accounting for Owner's assets. In this capacity, Manager shall serve Owner's interests at all times. �- X-- gy Initials Initials Page 1 of 14 SECTION TWO. MANAGEMENT AND OPERATION SERVICES Manager accepts the appointment under the terms and conditions set forth in this agreement, and in connection with the supervision, administration, and management, Manager shall perform the following services: A. General Operation; Manager will operate the fuel doddmarina in the same manner as is customary and usual in the operation of comparable facilities for the account of Owner, and. so far as is economically and legally possible, In accordance with the same procedures, practices, management techniques and other rules of operation used by similar fuel docklmarinas and those managed by Manager for the account of others (except where this agreement shall specifically provide a different procedure, practice, and so forth). B. Empioyees: Independent Contractor. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate, maintain, and account for the fuel dock/marina. All matters pertaining to the employment, supervision, compensation, promotion and discharge of employees are the responsibility of Manager, which Is In all respects the employer of those employees. Notwithstanding anything to the contrary, Owner shall be notified at least five days prior to the proposed replacement of the fuel docklmarina's general Manager. The replacement of any general Manager will be subject to the review and approval of Owner. Manager shall fully comply with all applicable laws and regulations having to do with worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subjects. Manager represents that it is and will continue to be an equal opportunity employer and must advertise as such. This agreement is not one of agency by Manager for Owner, but one with Manager engaged independently in the lousiness of managing properties on its own behalf as an independent contractor. All employment arrangements are therefore solely Managers concern and Owner shall have no liability with respect to those arrangements. C. lB9gt&:: The establishment of all prices, price schedules, rates and rate schedules shall be subject to Owner's prior written approval, and in this connection Manager shall use diligent efforts to collect all income of any type and nature which may become due from time to time or at any time for goods and services provided in connection with the fuel docklmarina or any portion of it. Manager shall collect and identify any income due Owner from all fuel and ancillary services except the convenience Items separately provided for in Section One, paragraph E below. All monies so collected shall be deposited daily in the operating accounts, as defined below. In connection with any collection efforts, only legal counsel or a collection firm approved by Owner shall be retained. All legal expenses incurred in bringing such Initials Page 2 of 14 -11� Initials approved suit or proceeding shall be submitted to Owner for its prior approval. Manager shall not write off any income Items without the prior approval of Owner. D. 12errairs: The Manager shall be responsible for making such repairs, alterations and decorations for the fuel dock/marina as Manager may deem reasonable and necessary for the proper maintenance and operation of the fuel dociklmarina with written approval of the Owner. Owner shall be responsible for payment of such repairs, alterations or decorations. No contract for repairs, alterations or decorations involving a single expenditure in excess of $500.00 shall be entered into without written notice to, and written approval of, Owner having first been obtained. In the event of an emergency requiring prompt action for the protection or safety of the fuel docklmarina or its occupants, Manager shall be empowered to take necessary action without prior approval, after which a written report of the occasion for action and the action taken_ shall immediately be made to Owner. E. Conveniengft Items: The Manager shall have the right sell convenience items from the fuel docidmarina. The sale of convenience iters shall be the right and sole responsibility of Manager. Manager shall be responsible for obtaining all necessary permits for the sale of convenience items. Notwithstanding, Owner shall have the right to approve, in advance, in writing a list of items to be sold. Sale of any unapproved items shall be a breach of this agreement. Convenience items shall mean but not be limited to ice, bad, snacks, fishing tackle and oil. The cost of purchase of inventory of convenience items shall be the responsibility and cost of Manager. Manager shall pay to Owner five percent (5%) of gross sales less sales tax as the fee for the right to sell convenience items. Manager shall account for purchase and sales of convenience items on the same schedule and to the same detail as for fuel docklmadna sales and services. Except as otherwise directed by Owner in a particular case, all concessions and licenses for the sale of the convenience items shall be in Manager's own name as Manager for Owner and not in the name of Owner. F. Accountina: The installation of accounting and internal auditing systems shall be in accordance with Section Three below. G. Service Ag,ram=nts: Generally, the Manager shall negotiate service and other contracts reasonably necessary or desirable in connection with the operation of the fuel docklmarina in the usual course of business, except that Manager shall not enter into any contract for cleaning, maintaining, repairing or servicing of the fuel dock/marina or any of the constituent parts that requires annual payments in excess of $250.00 without the prior written consent of Owner. As a condition to obtaining that consent, Manager shall supply Owner with a copy of any such proposed contract and shall state to Owner the relationship, if any, between Manager (or the person or persons In control of Manager) and the party proposed to supply the goods or services, or both. All service contracts shall: (a) be in the name of Manager, (b) be assignable, at Owner's Initial Initials Page 3 of 14 option, to Owner or Owners nominee, (c) include a provision for cancellation by Owner or Manager upon not less than thirty [30] days' written notice, and (d) require that all contractors provide evidence of sufficient insurance. If this agreement is terminated pursuant to Section Nine, Manager shall, at Owners option, assign to Owner or Owner's nominee all service agreements pertaining to the fuel docklmadna. H. Inventory, Sunolies and Fguinment: During the Owner's annual budget process, Owner shall approve the overall operating and maintenance budget for the Boynton Harbor Marina Slips and Fuel Dock facility. Owner shall purchase all inventories, provisions, supplies and equipment as Manager may deem reasonably necessary in order to properly maintain and operate the fuel dockhnarina slips with the exception of those items as described in Section E, 1. Advertising: Manager sham prepare advertising plans and promotional materials to be used to further sales if determined necessary between Owner and Manager. Such plans or materials shall only be used if approved in advance in writing by Owner and in conformity with that approval. Manager shall not use Owner's name in any advertising or promotional materials without Owner's prior written approval in each Instance. Advertising and promotional materials shall be prepared in full compliance with federal, state and local fair housing laws, ordinances, regulations and orders. J. Compliance With Laws: Manager shall be responsible for full compliance with federal, state and municipal laws, ordinances, regulations and orders relating to the renting, use, operation, repair and maintenance of the fuel dock/marina and with the rules, regulations or orders of the local board of fire underwriters or other similar body. in particular, Manager shall be responsible for full compliance with all laws, rules and regulations relating to the storage and sale of hazardous materials as hereinafter further provided. Manager shall promptly remedy any violation of any such law, ordinance, rule, regulation or order which comes to its attention. Expenses incurred in remedying violations may only be paid by the Owner. if the violation is one for which Owner or other title holder might be subject to penalty, Manager shall notify Owner within three [3] business days to the and that prompt arrangements may be made to remedy the violation, provided that any and all costs, fines and penalties payable as a result of the violation accruing between the date of Managerrs first receiving actual notice of the violation and the date Manager gives notice to Owner shall be borne by Manager. K. HMajogil Ereparedapsp. Manager shall be responsible for developing a hurricane plan for the fuel dock/marina that will be implemented in the event of a hurricane. The plan should be consistent with actions typical and customary to fuel Initials Initials Page 4 of 14 dock and marina industry standards. The hurricane plan must be approved by the Owner in writing. L. Taxes: MQrtrraaes: Manager shall, N so requested, obtain and verify bills for real estate and personal property taxes, improvement assessments and other similar charges that are or may become liens against the fuel docklmarina and may nacommend payment or appeal as in its best judgment it may decide. Manager shall fbrward the bills to Owner for payment by Owner in time to permit Owner to avoid penalty for its payment or to permit Owner to take advantage of discounts. Manager shall not make any payments on account of any ground lease, mortgage, deed of trust, or other security instrument, if any, affecting the fuel docklmadna. M. Leasing: Manager shall not lease any space to other purveyors whether for convenience items or other items without the prior written consent of Owner. N. General: Subject to the terms and conditions of this agreement, Manager shall perform all acts reasonably necessary in connection with the operation of the fuel dock/marina in an efficient and proper manner and in accordance with standards and policies established or to be established by Manager for the operation of a first-class fuel dock/marina. SECTION THREE. ACCOUNTS AND RECORDS A. Inspection: All books, accounts and records maintained onsite for the operation of the fuel docklmartna, including all accounts in the name of the Manager shall be open at all reasonable hours for inspection and audit by (Owner or any qualified and experienced accountant selected by Owner for that purpose. In all cases, proper Identification must be given to the general Manager in charge of the fuel doc ktimarina before inspection will be granted. Within six [6] months after the close of each fiscal year of the Owner, an audit shall be made of the books and accounts, including all accounts used by Manager for payment of the Management Costs listed on , by independent auditors, satisfactory to Owner, which shall be an expense of operating the fuel dock/marina and not the responsibility of Manager. A copy of the audit shall be famished to each of the parties to this agreement immediately upon completion. B. Ownerl @goks of Accounts: : Manager, in the conduct of its responsibilities to Owner, shall assist the Owner in maintaining adequate and separate books and records for the fuel docklmarina. Books and records shall be maintained in accordance with Owners specified accounting system and chart of accounts for fuel doc klmadnas to be furnished by Owner to Manager. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Owner's assets from theft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses Initials flials Page 5 of 14 arising from those instances are to be borne by Manager and shall include but not be limited to: 9 . Theft of assets by Manager's employees or other agents; 2. Penalties, Interest or loss of vendor discounts due to delay in payment of invoices, bills or other similar charges; 3. Overpayment, nonpayment, or duplicate payment of invoices or fuel sales by cash or credit card arising from either fraud or error; 4. Overpayment of labor costs arising from either fraud or error, 5. A sum equal to the value of any form of payment from purveyors to Manager's employees or affiliates arising from the purchase of goods or services for the fuel dock/marina; and S. Unauthorized use of facilities by Managers employees or associates. C. Mangers- Books of Accounts: Manager, in the conduct of its responsibilities to Owner, shall maintain adequate and separate books and records for the Management Costs listed on for which Manager is responsible for payment. Books and records shall be maintained in accordance with Owner's specified accounting system and chart of accounts for fuel dock/marinas to be furnished by Owner to Manager. All such books and records shall be maintained on site or at a location agreed to by Owner. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Ownees assets from fheft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses arising from those instances are to be borne by Manager. Q. Financial Renarts: Manager shall furnish preliminary reports each month of all transactions occurring from the first day of the prior month to the last day of the prior month. These preliminary reports are to be received by Owner no later than five [51 calendar days after the end of the accounting period and must show all fuel sales, taxes collected for fuel sales. fuel purchases, collections, monthly delinquencies, uncollectible items, and other matters pertaining to the management, operation, leasing, and maintenance of the fuel dock/marina during the subject month. These reports shall contain a comparison of monthly and year-to-date actual income and expenses with the approved budgets (as provided in Section Four) for the fuel docklmarina. Additionally, Manager shalt provide Owner a weekly report of fuel purchases, taxes collected for fuel sales, sales of Manager's goods, and inventory. The fuel report shall be for the days of Initials Page 6 of 14 Initials Monday through Sunday and shall be due on the Wednesday immediately following the reporting week. SECTION FOUR. DISPOSITION OF FUNDS FROM FUEL DOCKIMARINA OPERATIONS Funds originating from the fuel dock/marina's operation or from Owner and coming into Manager's possession shall be rece€ved, handled and disposed of as follows: A. Owner's.Oyerat€ng U*: All funds received in the operation of the fuel docklmarina, including any working capital fumished by Owner, shall be funds of Owner and shall be deposited by Manager in the account at the banking institution or institutions selected by Owner in the name of Owner. All such funds shall be deposited daily. Manager shall make arrangements and Owner shall sign all necessary paperwork to provide acceptance of credit card charges for fuel. Manager shall have no signing authority over the main operating account. (firmer and Manager may agree to open a separate petty cash account over which Manager will have signing authority along with Owner. Upon agreement for a petty cash account, Manager shall provide Owner an accounting of expenses paid including receipts, in order to obtain additional funds for the account. Owner shall provide Manager with electronic access on a READ ONLY basis to the Owners Marina Operating account for purposes of business inquiries to credit card deposits, electronic fuel payments, deposits and payments. B. ,Qalymegrt of Expenses: Manager shall, except for payments out of an agreed petty cash account and the Management Costs listed on to be paid by Manager, provide invoices to Owners designated employee for payment. Owner and Manager shall make arrangements with Manager's fuel supplier for electronic payments, payment terns or other appropriate arrangements to facilitate the delivery of fuel as necessary. C. Pamart er. Owner shall have full control of all funds from the operations of the fuel dockfnarina except for the convenience items as stated in Section Two, E. Owner may disburse funds to itself as it deems appropriate. SECTION FIVE. MANAGER NOT TO PLEDGE OWNERS CREDIT Manager shall not pledge the credit of Owner nor shall Manager in the name of, or on behalf of, Owner borrow any money or execute any promissory note, bill of exchange or other obligation. Initials rials Page 7 of 14 SECTION SIX. REIMBURSEMENT FOR EXPENSES Everything done by Manager in the proper performance of its obligations and all permitted expenses incurred by it under this agreement shall be for and on behalf of Owner and for Owner's account. Manager shall be reimbursed for any proper expenses upon presentation of a receipt and approval of the some by Owner. SECTION SEVEN. INSURANCE A. 0vm2Ar Insurance: Owner, at its expense, will obtain and keep in farce adequate insurance against physical damage, that is, fire with extended coverage endorsement, boiler and machinery, etc., and against liability for loss, damage or injury to property or persons which might anise out of the occupancy or ownership of the fuel docklmarina. Manager will be covered as an insured in all liability insurance maintained with respect to the management, operations or maintenance of the fuel docklmarina. Owner shall save Manager harmless from any liability on account of loss, damage or injury actually insured against by Owner provided Manager: 1. Notifies Owner and the insurance carrier within 24 hours after Manager receives notice of any such loss, damage or injury; 2. Takes no action (such as admission of liability) that might bar Owner from obtaining any protection afforded by any policy Owner may hold or which might prejudice Owner in its defense to a claim based on such loss, damage or injury; 3. Agrees that Owner shall have the exclusive right, at its option, to conduct the defense to any claim, demand or suit within limits prescribed by the policy or policies of insurance; and 4. Has not acted negligently and any liability results from such negligence. Nothing here shall be construed as indemnifying Manager or its employees, contractors or agents against any act or omission for which insurance protection is not available; neither is the preceding intended to affect the general requirement of this agreement that the fuel dock/madna shall be managed, operated and maintained in a safe condition and in a proper and careful manner. Manager shall fumish Owner requests for the purpose of establishing the placement of insurance coverages and shall aid and cooperate in every reasonable way with respect to such insurance and any loss under it. Owner shall include In its hazard policy covering the fuel dockJmarfna, Owner's personal property, fixtures and equipment located on it. Initials Page $ of 14 Initials B. Workers Compensation: Manager must fumish a certificate evidencing workers' compensation and crime insurance in a form acceptable to Owner. Crime insurance shall be far an amount not less than $1,000.00 per occurrence. The ceriiflcate shall have attached an endorsement that Owner will be given at least ten [10] days' prior written notice of cancellation of or any material change in the policy. C. _Marina Operators Legal Liability including Comprehensive General Liability of at least $1,000,000.00 combined single limit per occurrence, with minimum $2,000,000 Aggregate Limit, including Pollution coverage, Hired and Non Owned Auto Liability, and Liquor Legal Liability if licensed to sell beer, and including Additional Insured status by endorsement in favor of Owners in respect to maintenance and operations of the fuel docklmarina. A copy of the policy shall be furnished to Owner. An Umbrella/Excess Liability policy shall be provided at a minimum of $3,000,000 oc:currencelaggregate, and a copy of the policy furnished to Owner. Crime insurance shall be for an amount not less than $25,000.00 per occurrence. The certificate shall have attached an endorsement that Owner will be given at least ten [10] days' prior written notice of cancellation of or any material change in the policy. D. Additional Insurance: Manager shall be responsible for any insurance Manager deems appropriate for insuring the convenience items and any equipment Manager places in the fuel docklmarina. Manager shall carry such other insurance as reasonably required by Owner. E. Contractor Insurance: Manager shall require that all contractors or subcontractors brought onto the fuel docklmarina have insurance coverage at the contractors or subcontractor's expense, in the following minimum amounts: 1. Worker's compensation in the statutory amount. 2. Comprehensive general liability of at least $1,000,000.00, combined single limit. Manager must obtain Owner's permission to waive any of the above requirements. Higher amounts may be required if the work to be performed is sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance, which shows that the subcontractor is so insured. Owner shall be named as an additional insured on the certificate. SECTION EIGHT. TERM OF AGREEMENT The original three (3) year term shall commence on the date last signed by a party hereto and and on September 30, 2015. At the termination of the original term, Initials Page 9 of 14 the Agreement may be renewed for two additional three (3) year terms at the mutual agreement of both parties. A. Either party to this agreement may terminate this agreement with or without cause by giving sixty [601 days' prior notice in writing to the other party. B. Upon termination of this agreement all sums due to either party shall become immediately due and payable. C. In addition to other termination rights provided in this agreement, this agreement shall terminate automatically and immediately upon sale of the fuel dock/marina by Owner or upon termination of Owner's right to sell fuel at the fuel docklmarina. Owner agrees to give Manager prior notice of sale. D. Owner may terminate this agreement for failure to meet accounting deadlines by Manager. Should Manager not meet tate reporting deadlines more than twig in succession or more than four times during the term of this agreement, Owner shall have the right to either terminate this agreement or to prat Manager on notice of probation. Should Owner put Manager on notice of probation, Owner may terminate Manager without notice for any succeeding violation of reporting requirements. E. Owner may terminate this agreement, without notice, should Manager not meet all regulatory guidelines and requirements for the storage and dispensing of fuel or allow any hazardous conditions to exist regarding the storage and dispensing of fuel. SECTION NINE. COMPENSATION OF MANAGER Manager shall be paid an annual management fee of $158,000.00 ($ 13,166.67). Manager shall be paid 1112 of the annual management flee per month due on the first day of the month foilowing the month of service and past due on the fifteenth day of the month. SECTION TEN. INDEMNIFICATION Manager shall not be liable to Owner or to any other person for any obligation of Owner or any contractual obligation that arises in the course of the business of the fuel docklmarina and Owner shall indemnify and hold Manager harmless for any such obligation. With respect to any act or omission of any agent or employee of Owner, Owner shall indemnify Manager and hold it harmless from all liability, loss, damage, cost or expense by reason of any such act or omission. In no event shall Owner make Initials Rage 10 of 14 1 ifs any claims against Manager on account of any alleged errors of judgment made in good faith in determining the operating policies of the fuel docklmarina. SECTION ELEVEN. SALE OF FUEL: DOCKMARINA If Owner executes a listing agreement with a broker for sale of the fuel docklmarina, Manager shall cooperate with such broker to the end that the respective activities of Manager and broker may the carried on without friction. Manager will permit the broker to exhibit the fuel docklmarina during reasonable business hours provided the broker has secured Manager's permission in advance. Sale of the fuel docidmarina by Owner is important. Manager agrees that failure on its part to extend cooperation to a broker desiring to show the fuel docklmarina Is a material default on its part under this agreement and is grounds for immediate termination of this agreement. SECTION TWELVE, NOTICES Any notice, statement or demand required or permitted by this agreement to be given by Manager to Owner shall be in writing, and shall be sent by registered or certified mail to Owner at 710 North Federal Highway, Boynton Beach, FL 33435, or at such other address as Owner may from time to time designate to Manager in writing. Any notice required or permitted by this agreement to be given by Owner to Manager shall be in writing and shall be sent by registered or certified mail to Manager at 2358 Morgans Bluff, West Palm Beach FL 33417, or such other address as Manager may, from time to time, designate to Owner in writing. Any such notice shall be deemed given as of the date of Its receipt at the address to which such notice is so directed regardless of any other date that may appear there. SECTION THIRTEEN. ASSIGNABILITY Subject to at least 30 days' prior written notice to and approval by Owner, Manager may assign its respective rights, interests and obligations under this agreement to any subsidiary, to any corporation with which it merges or is consolidated, or to which it sells the majority of its assets. No other assignment of this agreement or the rights under ti by Manager shall be permitted. Owner shall have the right to assign this agreement to any purchaser, lessee or other transferee of substantially all of the assets comprising the fuel docklmarina, provided such purchaser, lessee or transferee expressly assumes by a writing delivered to Manager all of the obligations of Owner under this agreement. SECTION FOURTEEN, COMPETITIVE BIDDING .Gz Initials als Page 11 of 14 All contracts for repairs, capital improvements, goods and services exceeding $1,DDD.DD shall be awarded on the basis of competitive bidding, solicited in the following manner. A. A minimum of three written bids shall be obtained for each such purchase. B. Each bid will be solicited in a form prescribed by Owner so that uniformity will exist in the bid quotes. C. Unless otherwise directed by Owner, Manager may accept a low bid without prior approval from Owner if the expenditure is for a budget -approved item and will not result in an excess of the annual budgeted accounting category of the applicable approved operating or capital budget; provided, however, that if Manager advises acceptance by Owner of other than the lowest bidder. Manager shall adequately support, in writing, any such recommendation to Owner. D. Owner shall be free to accept or reject any and all bids. E. Manager may request that Owner waive the competitive bidding rules on a rase -by -case basis. SECTION FIFTEEN. FINAL ACCOUNTING Upon termination of this agreement for any reason, Manager shall promptly deliver to owner the following with respect to the fuel dodclmarina: A. A final accounting, reflecting the balance of income and expenses of the fuel docklmarina, as of the date of termination or withdrawal, to be delivered within thirty [30] days after such termination or withdrawal; B. Any balance of monies of Owner or tenant security deposits, or both, held by Manager with respect to the fuel docklmadna, to be delivered immediately upon termination or withdrawal; C. All records, contacts, bookings, leases, reservation books, receipts for deposits, unpaid blit and other papers or documents which pertain to the fuel dock/madna, to be delivered immediately upon such termination or withdrawal; and D. A complete inventory of the assets of Owner, including, but not limited to, personal property, equipment, inventory and consumables. SECTION SIXTEEN. INDEMNIFICATION BY MANAGER Initials Page 12 of 14 Initials Manager shall indemnify, defend and hold Owner harmless from any and all uninsured claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including attomeys' fees and court costs, sustained or incurred by or asserted against Owner by reason of or arising out of Manager's (or Its employees' or agents') negligence in performing or failing to perform the duties and obligations required by this agreement to be performed by it. Notwithstanding the preceding, to the extent that Owner is not fully covered by insurance, Manager shall, to the extent set forth below, indemnify Owner and hold it harmless from any damages, fines, penalties, liability, cost claim or expense, including attorneys' fee$, arising out of or in connection with the operation of the fuel docklmarina or Manager's operations other than at the fuel docklmarina. The costs of indemnity shall be borne as follows: A. If the damage, liability, cost, claim or expense is attributable to (1) Manager's acts which are negligent, or (2) Manager's breach of this agreement, the cost of indemnification shall be bome solely by Manager, and B. if the damage, liability, cost, claim or expense is attributable to any other reason or cause, the cost of indemnification shall be reimbursed by Owner to Manager within thirty [301 days following receipt by Owner from Manager of proof of the payment by Manager of the cost and shall to the extent possible be charged against the operating accounts of the fuel dock/marina. SECTION SEVENTEEN. ENFORCEABILITY If any provision of this agreement or the application of any provision to any person or circumstances is held invalid or unenforceable, the remainder of the agreement and the application of the provision to other pennons or circumstances shall remain valid and enforceable. SECTION EIGHTEEN. WAIVER OF (PROVISIONS None of the conditions or provisions of this agreement shall be held to have been waived by any act of knowledge of Manager, its agents or employees, but only by an instrument in writing, signed by an officer of Manager. SECTION NINETEEN. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties relative to the subject matter of the agreement, notwithstanding any oral statements to the contrary, and this agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement cannot be changed or lnitials Initials Page 13 of 14 terminated orally, but only by writing signed by the party against whom such change or termination is asserted. SECTION TWENTY. BURDENS AND BENEFITS This agreement shall be binding upon and shall inure to the benefd of the respective legal representatives, successors and assigns of Manager, Owner and any future Owner or lessee of the fuel dock/marina. SECTION TWENTY-ONE. GOVERNING LAW This agreement shall be Interpreted under and governed by the laws of the state of Florida. SECTION TWENTY-TWO. HEADINGS All headings are Inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this agreement. SECTION TWENTY-THREE. REPRESENTATION Manager represents and warrants that It is fully qualified and licensed, to the extent required by law, to manage real estate and fuel dock/nnarina and perform all obligations assumed by Manager under this agreement. Manager agrees to comply with all such laves now or afterwards in effect. The parties to this agreement have signed the agreement as of the dates indicated below. This agreement may be signed in counterparts with each considered originals. OWNER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: VIVIAN BROOKS, Executive Director DATE:_ 7 Initials MANAGER: WAYPOINT MARINE, INC. By: •. BRIAN F. SMITH, President DATE: -9--/3—L2. Page 14 of 14 Initials ATTACHMENT II ADDENDUM NO.1 BOYNTON HARBOR MARINA FUEL DOCK AND SLIPS MANAGEMENT SERVICES AGREEMENT This Addendum to the Fuel Dock and Slips Management Services Agreement ("Addendum") is made by and between Waypoint Marine, Inc., ("Manager") a corporation organized and existing under the laws of Florida, with its principal office located at 12649 67th Street North, West Palm Beach, FL 33412 and the Boynton Beach Community Redevelopment Agency ( "Owner"), a municipal corporation located at 410 N. Federal Highway, Boynton Beach, Florida 33425 (collectively the "Parties"). WHEREAS, Owner owns a fuel dock and marina at 735 Casa Loma Boulevard, Boynton Beach, Florida (the "Fuel Dock and Marina"); and WHEREAS, Owner is in need of a Fuel Dock and Slips Manager for the Fuel Dock and Marina to provide Management and Operation Services as described below; and WHEREAS, Manager represents that it is qualified in the supervision, operation, and management of fuel docks and marinas, and that it has the knowledge and ability to provide the Management and Operation Services required by Owner; and WHEREAS, the Parties are operating under the Boynton Harbor Marina Fuel Dock and Slips Management Services Agreement, signed in September of 2012 (the "2012 Agreement"), to which this Addendum is being made, and which has a 3 -year term; and WHEREAS, the 2012 Agreement provides that the parties may elect to renew the 2012 Contract for two additional three (3) year terms; and WHEREAS, the Parties wish to renew the 2012 Agreement under substantially the same terms but with the revised language found in this Addendum; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Superseding Agreement. This Addendum shall wholly supersede the terms in the 2012 Agreement, and shall control. 3) Appointment of Manager; Manager's Representation. Owner hereby authorizes Manager to supervise and administer the Management and Operation Services on behalf of Owner as described in this Addendum. Owner agrees that Manager shall be the sole and exclusive 00555818-2 Page 1 of 15 manager for the Fuel Dock and Marina. Owner may also authorize Manager, in writing, to manage any ancillary facilities or services under the terms and conditions of this Addendum. Manager shall perform the Management and Operation Services described in this Addendum in an efficient and satisfactory manner. Manager shall act in a fiduciary capacity and shall at all times act in Owner's best interests. This fiduciary responsibility specifically includes the proper protection of and accounting for Owner's assets. Manager represents and warrants that it is fully qualified and licensed, to the extent required by law, to manage real estate and the Fuel Dock and Marina, and to perform all obligations assumed by Manager under this Addendum. Manager agrees to comply with all such laws now or afterwards in effect. 4) Management and Operation Services. Manager shall perform the following services in connection with the supervision, administration, and management of the Fuel Dock and Marina ("Management and Operation Services") in accordance with the terms and conditions set forth in this Addendum: A. General Operation. Manager agrees to properly, adequately, safely, and economically manage, operate, maintain, and account for the Fuel Dock and Marina in accordance with the terms of this Addendum. Management and Operation Services shall include, but not be limited to, managing, operating, and maintaining any buildings or structures located at the Fuel Dock and Marina; all aspects of fuel sales and purchases; maintaining the Fuel Docks and Marina in a safe, sanitary, and usable manner; and leasing and management of dockage slips to the extent required by any dockage slip lease agreements (or similar documents) and this Addendum. Manager will operate the Fuel Dock and Marina according to industry standards and in the same manner as is customary and usual in the operation of comparable facilities. Manager will operate the Fuel Dock and Marina on behalf of Owner and shall act at all times in Owner's best interest. So far as is economically and legally possible, Manager will use the same procedures, practices, management techniques and other rules of operation as those used by similar fuel docks and marinas, including other fuel docks and marinas managed by Manager (except where this Addendum specifically provides for a different procedure or practice). B. Manager's Personnel. Manager represents that Manager has, or will secure at Manager's own expense, all necessary personnel required to perform the Management and Operation Services under this Addendum. All Management and Operation Services shall be performed by Manager, or under Manager's supervision, and all personnel engaged in performing the Management and Operation Services shall be fully qualified, and if required, licensed or permitted under federal, state, and local law to perform such Management and Operation Services. Manager warrants that all Management and Operation Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state and local professional and technical standards. 00565818-2 Page 2 of 15 Such personnel shall not be employees of, or have a contractual relationship with, Owner. Manager shall have full responsibility for all matters pertaining to employment, supervision, compensation, promotion, and discharge of personnel. Owner shall have no liability with respect to employment matters. Manager shall fully comply with all applicable laws and regulations that govern the employer- employee relationship, including but not limited to laws and regulations regarding worker's compensation, social security, taxes, unemployment insurance, hours of labor, wages, and working conditions. Manager represents that it is and will continue to be an equal opportunity employer and must advertise as such. Notwithstanding any other provision to the contrary, Manager shall notify Owner at least five days prior to the proposed replacement of the Fuel Dock and Marina's general manager. The replacement of any general manager will be subject to the review and approval of Owner. C. Prices. The establishment of all prices, price schedules, rates and rate schedules shall be subject to Owner's prior written approval. D. Income. Manager shall use diligent efforts to collect all income of any type and nature which may become due from time to time for goods and services directly or indirectly related to sales, leases, rentals, or otherwise connected to the Fuel Dock and Marina. This income includes, but is not limited to, monies collected for the payment for slip rentals, utilities for slip rentals, fuel, and convenience items. Manager shall collect and identify any income due to Owner and deposit such income daily into the Operating Account as specified below. Manager shall not write off any income due without the prior written approval of Owner. In the event that Manager determines it is necessary to retain legal counsel or a collection firm to collect any incomes, the Manager shall be required to obtain Owner's approval in writing for the selection and retention of such counsel or firm. All expenses incurred in retaining such counsel or firm shall be submitted to Owner for approval prior to payment. E. Repairs, Alteration, Maintenance, Decorations. The Manager shall be responsible for such repairs, alterations, maintenance, and decorations for the Fuel Dock and Marina as Manager may deem reasonable and necessary for the proper maintenance and operation of the Fuel Dock and Marina. Manager shall obtain prior written approval from Owner for all repairs, alterations, maintenance, and decorations for which the cost shall exceed $500.00. Owner shall be responsible for the payment of repairs, alterations, maintenance, and decorations so long as where required, Manager obtained prior written approval for such costs. F, Emergency. In the event of an emergency, Manager may take all necessary actions, including the expenditure of funds, for the protection or safety of the Fuel Dock and Marina or the patrons or occupants thereof. Immediately following the conclusion of the emergency, Manager shall make a complete written report of OW65818-2 Page 3 of 15 the emergency, along with the actions taken and the funds expended in response to the emergency, and provide a copy of such report to Owner. G. Convenience Items. "Convenience items" shall mean items including, but not be limited to, ice, bait, snacks, fishing tackle and oil. Manager shall have the exclusive right sell convenience items at the Fuel Dock and Marina. Manger shall have the sole responsibility for the sale of convenience items and any activities related to such sales, except that Owner must approve a list of convenience items to be sold in writing prior to the sale of the convenience items. Manager shall be responsible procuring and paying for the convenience items to be sold. Manager shall collect the income for the sale of any convenience items and deposit all such income into the Operating Account. Owner shall withhold ten percent (10%) of the amount of gross sales, less any sales tax, as the fee for the right to sell convenience items, and remit any remaining funds from the sale of convenience items to Manager. Unless otherwise directed by Owner, all concessions and licenses for the sale of convenience items shall be in Manager's name as Manager for the Fuel Dock and Marina, and not in the name of Owner. H. Service Agreements. Manager shall negotiate service contracts and other contracts reasonably necessary, or desirable in the usual course of business, for the operation of the Fuel Dock and Marina, except that Manager shall not enter into any contract for cleaning, maintaining, repairing or servicing of the Fuel Dock and Marina, or any of the constituent parts, that requires annual payments in excess of $250.00 without the prior written consent of Owner. As a condition to obtaining that consent, Manager shall supply Owner with a copy of any such proposed contract and shall declare to Owner any relationship between Manager (or any person or entity related to or in control of Manager) and the party proposed to supply the goods or services. All service contracts shall: (a) be in the name of Manager, (b) be assignable, at Owner's option, to Owner or Owner's nominee, (c) include a provision for cancellation by Owner or Manager upon not less than thirty (30) days' written notice, and (d) require that all contractors provide evidence of sufficient insurance. If this Addendum is terminated for any reason, Manager shall, at Owner's option, assign to Owner or Owner's nominee all service agreements pertaining to the Fuel Dock and Marina. I. Inventory, Supplies and Equipment. During Owner's annual budget process, Owner shall approve the overall operating and maintenance budget for the Fuel Dock and Marina. Owner shall purchase all inventories, provisions, supplies and equipment as Manager may deem reasonably necessary in order to properly maintain and operate the Fuel Dock and Marina, except as otherwise described in this Addendum. J. Advertising. At the request of Owner, Manager shall prepare advertising plans and promotional materials to be used for rentals and sales related to the Fuel Dock and Marina. Such plans or materials shall only be used if approved in advance in 005658IS-2 Page 4 of 15 writing by Owner and in conformity with that approval. Manager shall not use Owner's name in any advertising or promotional materials without Owner's prior written approval in each instance. Advertising and promotional materials shall be prepared in full compliance with federal, state and local laws, ordinances, regulations and orders, including fair housing laws. K. Compliance with Laws in Relation to Management and Operation Services. Manager shall be responsible for full compliance with federal, state and municipal laws, ordinances, regulations and orders relating to the renting, use, operation, repair, and maintenance of the Fuel Dock and Marina. Manager shall be responsible for full compliance with the rules, regulations or orders of the local board of fire underwriters or other similar body. In particular, Manager shall be responsible for full compliance with all laws, rules and regulations relating to the storage and sale of hazardous materials as hereinafter further provided. Manager shall promptly remedy any violation of any such law, ordinance, rule, regulation or order which comes to its attention. Expenses incurred in remedying violations may only be paid by the Owner, unless the expenses are the result of the negligence or other wrongful act or omission of Manager. If the violation is one for which Owner or other title holder might be subject to penalty, Manager shall notify Owner as soon as possible and shall fully cooperate with Owner to promptly remedy the violation. Any and all costs, fines and penalties payable as a result of the violation accruing between the date of Manager's first receiving actual notice of the violation and the date Manager gives notice to Owner shall be borne by Manager. L. Hurricane and Extreme Weather Preparedness. Manager shall be responsible for developing a hurricane and extreme weather preparedness plan for the Fuel Dock and Marina that will be implemented in the event of a hurricane, flooding, or other extreme weather event. The hurricane and extreme weather plan should be consistent with actions typical and customary to fuel dock and marina industry standards. The hurricane and extreme weather preparedness plan must be approved by the Owner in writing. M. Taxes; Mortgages. Upon request by Owner, Manager shall obtain and verify bills for real estate and personal property taxes, improvement assessments, and other similar charges that are or may become liens against the Fuel Dock and Marina. Manager may, using its best judgement, make a recommendation to Owner as to whether to pay or appeal such bills. Owner shall make the final determination as to whether to pay or appeal such bills. Manager shall provide the bills to Owner for payment by Owner in sufficient time for Owner to timely pay bills, avoid penalties for late payment, or permit Owner to take advantage of any discounts. Manager shall not make any payments towards any lease, mortgage, deed of trust, or other security instrument affecting the Fuel Dock and Marina. 00565818-2 Page 5 of 15 N. No Leasing. Manager shall not lease any space or portion of the Fuel Dock and Marina without the prior written consent of Owner. O. General. Subject to the terms and conditions of this Addendum, Manager shall perform all acts reasonably necessary for performing the Management and Operation Services for the Fuel Dock and Marina in an efficient and proper manner and in accordance with industry standards and any standards and policies established or to be established by Manager for the operation of a first-class fuel dock and marina. P. Open Daily. Manager understands that it is responsible for Management and Operation Services seven days a week for the term of this agreement, except for in emergency situations, hurricanes, etc. 5) Accounts and Records. Accounting and internal auditing systems shall be administered as follows: A. Inspection. All books, accounts and records maintained onsite for the operation of the Fuel Dock and Marina, including all accounts in the name of the Manager, shall be open at all reasonable hours for inspection and audit by Owner or any auditor or accountant selected by Owner for that purpose. In all cases, proper identification must be given to the general manager in charge of the Fuel Dock and Marina before the general manager shall be required to allow inspection. Within six (6) months after the close of each fiscal year of Owner, independent auditors, satisfactory to Owner, shall audit the books and accounts, including all accounts used by Manager. Owner shall be responsible for the payment of expenses associated with such audit. A copy of the audit shall be famished to each of the Parties to this Addendum immediately upon completion. If the audit results in any recommendations or reveals the necessity for any corrective actions, the Parties must take such corrective actions or implement such recommendations within 30 calendar days. B. Owner's Books of Accounts: Manager, in the conduct of its responsibilities to Owner, shall assist Owner in maintaining adequate and separate books and records for the Fuel Dock and Marina. Manger shall maintain all books and records in such format and manner as Owner may require from time to time. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Owner's assets from theft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses arising from those instances are to be borne by Manager and shall include but not be limited to: i. Theft of assets by Manager's employees or other agents; ii. Penalties, interest, or loss of vendor discounts due to delay in payment of invoices, bills or other similar charges; iii. Overpayment, nonpayment, or duplicate payment of invoices or fuel sales by cash or credit card arising from either fraud or error; 00565816-2 Page 6 of 15 iv. Overpayment of labor costs arising from either fraud or error; v. A sum equal to the value of any form of payment from purveyors to Manager's employees or affiliates arising from the purchase of goods or services for the Fuel Dock and Marina; and vi. Unauthorized use of facilities by Manager's employees or associates. C. Manager's Books of Accounts: Manager, in the conduct of its responsibilities to Owner, shall maintain adequate and separate books and records for the Management Costs for which Manager is responsible for payment. Manger shall maintain all books and records in such format and manner as Owner may require from time to time. All such books and records shall be maintained on site or at a location agreed to by Owner. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Owner's assets from theft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses arising from those instances are to be borne by Manager. D. Financial and Accounting Reports: Manager shall provide to Owner, on a monthly basis or as often as Owner requests, a report ("Monthly Report") of profits, losses, of all transactions occurring from the first day of the prior month to the last day of the prior month ("Accounting Period"). The format and substance of the Monthly Report may be altered as specified by the Owner from time to time. Unless otherwise specified by Owner, these Monthly Reports are to be received by Owner no later than five (5) calendar days after the end of the Accounting Period and must show all fuel sales, taxes collected for fuel sales, fuel purchases, store sales, convenience item sales, collections, monthly delinquencies, uncollectible items, and other financial matters pertaining to the management, operation, leasing, and maintenance of the Fuel Dock and Marina during the Accounting Period. Convenience items shall account for the purchase and sale of convenience items with the same specificity as it accounts for other financial matters. The Monthly Reports shall contain a comparison of monthly and year- to-date actual income and expenses with the approved budgets for the Fuel Dock and Marina. Additionally, Manager shall provide Owner (1) a daily report including all transactions; and (2) a weekly report of fuel purchases, taxes collected for fuel sales, sales of Manager's goods, and inventory. The fuel report shall be for the days of Monday through Sunday and shall be due on the Wednesday immediately following the reporting week. Manager shall also provide Owner with a copy of the monthly sales tax paid on Manager's goods and inventory to the Florida Department of Revenue. 6) Disposition of Funds from Fuel Dock and Marina Operations. Funds received in the management and operation of the Fuel Dock and Marina or from Owner that come into Manager's possession shall be received, handled, and disposed of as follows: A. Owner's Operating Accounts. All funds received by Manager resulting from the management and operation of the Fuel Dock and Marina, including any 00565818-2 Page 7 of 15 working capital furnished by Owner, shall be funds of Owner and shall be deposited by Manager in the account at the banking institution or institutions selected by Owner in the name of Owner ("Operating Account"). All such funds shall be deposited daily. Daily deposit of funds shall either be made by Manager or Owner, as Owner shall specify to Manager from time to time. Manager shall make arrangements and Owner shall sign all necessary paperwork to enable Manager to accept of credit card charges for fuel purchases at the Fuel Dock and Marina. Manager shall have no signing authority over the Operating Account. Owner shall provide Manager with electronic access on a READ ONLY basis to the Operating Account and Point of Sale system for purposes of business inquiries to credit card deposits, electronic fuel payments, and other deposits and payments. B. Payment of Expenses. Owner shall be responsible for the payment of expenses necessary for the proper performance of the Management and Operation Services and the management and operation of the Fuel Dock and Marina, including but not limited to payment for repairs, maintenance, janitorial supplies, equipment, signage, and similar expenses. Manager shall provide invoices to Owner's designee for payment. Owner and Manger shall make arrangements with Manager's fuel supplier for electronic payments, payment terms, and other appropriate arrangements to facilitate the delivery of fuel as necessary. This paragraph shall not be construed so as to require to Owner to be responsible for payment of Management Costs, which shall include, but not be limited to, expenses related to Manager's employees, Manager's vehicles, Manager's insurance, Manager's overhead, or other costs associated with Manager's corporate affairs. C. Payment to Owner. Owner shall have full control of the Operating Account and all funds from the operations of the Fuel Dock and Marina. Owner may disburse funds to itself as it deems appropriate. 7) Manager Not to Pledge Owner's Credit. Manger shall not pledge the credit Owner, nor shall Manager in the name of or on behalf of Owner borrow any money or execute any promissory note, bill of exchange, or otherwise bind or obligate Owner. 8) Insurance. Compliance with this paragraph is a material provision of this Addendum. A. Owner's Insurance: Owner, at Owner's expense, will obtain and keep in force adequate insurance against physical damage (such as fire with extended coverage endorsement, boiler and machinery, and similar physical damage) and against liability for loss, damage or injury to property or persons which might arise out of the occupancy or ownership of the Fuel Dock and Marina. Manager will be covered as an insured in all liability insurance maintained with respect to the management, operations or maintenance of the Fuel Dock and Marina. Owner shall save and hold Manager harmless from any liability on account of loss, damage or injury actually insured against by Owner so long as Manager: 00565816-2 Page 8 of 15 i. Notifies Owner and the insurance carrier within 24 hours after Manager receives notice of any such loss, damage or injury; ii. Takes no action (such as admission of liability) that might reduce or prevent Owner from obtaining any protection afforded by any policy Owner may hold or which might prejudice Owner in its defense to a claim based on such loss, damage or injury, iii. Agrees that Owner shall have the exclusive right, at its option, to conduct the defense to any claim, demand or suit within limits prescribed by the policy or policies of insurance; and iv. Has not acted negligently or wrongfully in connection with the loss, damage, or injury. Nothing here shall be construed as indemnifying Manager or its employees, contractors or agents against any act or omission for which insurance protection is not available; neither is the preceding intended to affect the general requirement of this agreement that the Fuel Dock and Marina shall be managed, operated and maintained in a safe condition and in a proper and careful manner. Manager shall fully cooperate with Owner and any insurance company in obtaining and maintain insurance coverage and shall aid and cooperate in every reasonable way with respect to defending any claims against any insurance policy. Owner shall include in its hazard policy covering the Fuel Dock and Marina, Owner's personal property, fixtures and equipment located on it. B. Workers Compensation: Manager must furnish a certificate evidencing workers' compensation and crime insurance in a form acceptable to Owner. Crime insurance shall be for an amount not less than $1,000.00 per occurrence. The certificate shall have attached an endorsement that Owner will be given at least ten (10) days' prior written notice of cancellation of or any material change in the policy. C. Insurance: Manager must obtain and maintain Marine General Liabilities and Marina Operators Liability and Protection and Indemnity Insurance including Comprehensive General Liability of at least $1,000,000.00 combined single limit per occurrence, with minimum $2,000,000 Aggregate Limit, including Pollution coverage, Hired and Non Owned Auto Liability, and Liquor Legal Liability if licensed to sell beer, and including Additional Insured status by endorsement in favor of Owners in respect to maintenance and operations of the Fuel Dock and Marina. A copy of the policy shall be furnished to Owner. An Umbrella/Excess Liability policy shall be provided at a minimum of $3,000,000 occurrence/aggregate, and a copy of the policy furnished to Owner. Crime insurance shall be for an amount not less than $25,000.00 per occurrence. The certificate shall have attached an endorsement that Owner will be given at least ten (10) days' prior written notice of cancellation of or any material change in the policy. 00565818-2 Page 9 of 15 D. Additional Insurance: Manager shall be responsible for any insurance Manager deems appropriate for insuring the convenience items and any equipment Manager places in the Fuel Dock and Marina. Manager shall carry such other insurance as reasonably required by Owner. E. Contractor Insurance: Manager shall require all contractors or subcontractors that perform work connected to the Fuel Dock and Marina to have insurance coverage at the contractor's or subcontractor's expense, in the following minimum amounts: i. Worker's compensation in the statutory amount; and ii. Comprehensive general liability of at least $1,000,000.00, combined single limit. Manager must obtain Owner's permission to waive any of the above requirements. Owner or Manager may require contractors or subcontractors to obtain insurance in higher amounts if Owner or Manager determines that the work to be performed is sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance, which shows that the subcontractor is so insured. Owner shall be named as an additional insured on the certificate. 9) Addendum Term; Effective Date and Termination. This Addendum shall be effective for a period of three (3) years ("Addendum Term") which shall commence October 1, 2015 ("Effective Date") and shall terminate 3 years after the Effective Date ("Expiration Date"). The parties expressly agree that this Addendum shall be retroactive and shall become effective on the Effective Date regardless of when the last of the Parties has signed this Agreement. At the Expiration Date, the Parties may mutually agree renew this Addendum for one additional three (3) year term. A. Either Party may terminate this Addendum with or without cause by giving the other Party written notice sixty (60) days prior to the date the Addendum shall be terminated. B. Upon termination of this Addendum, all sums due to either party shall become immediately due and payable. C. In addition to other termination rights provided in this Addendum, this Addendum shall terminate automatically and immediately upon sale of the Fuel Dock and Marina by Owner or upon termination of Owner's right to sell fuel at the Fuel Dock and Marina. Owner agrees to give Manager prior notice of any sale of the Fuel Dock and Marina, or any portion thereof. D. Owner may terminate this agreement for Manager's failure to timely provide the Monthly Reports. If Manager fails to timely provide the Monthly Reports more than twice in succession or more than four times during the Addendum Term, Owner shall have the right to either terminate this agreement or to put Manager on 00565818-2 Page 10 of 15 notice of probation. If Owner puts Manager on notice of probation, Owner may terminate Manager without notice for any further failure to timely provide the Monthly Reports. E. Owner may terminate this agreement, without notice, if Manager fails to comply with all regulatory guidelines and requirements for the storage and dispensing of fuel, or if Manager allows any hazardous conditions to exist regarding the storage and dispensing of fuel. 10) Default. The failure of either Party to comply with the material provisions set forth in this Addendum shall constitute a default and breach of this Addendum. If the defaulting or breaching Party fails to cure the default within seven (7) days written notice from the other Party, the Party not in breach or default may terminate this Addendum. 11) Waiver. Owner shall not be responsible for any property damages or personal injury sustained by Manager, Manager's employees, or Manager's agents from any cause whatsoever related to the Management and Operation Services or this Addendum, whether such damage or injury occurs before, during, or after the performance of Management and Operation Services. Manager hereby forever waives, discharges, and releases Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by Manger. This waiver, discharge, and release specifically include negligence by Owner, its agents, or its employees, to the fullest extent the law allows. 12) Compensation of Manager. Owner shall pay the Manager an annual management fee in the following amounts: For Fiscal Year 2015-16, which shall run from October 1, 2015 — September 30, 2016: $171,435.00 For Fiscal Year 2016-17, which shall run from October 1, 2016 September 30, 2017: $176,435.00 For Fiscal Year 2017-18, which shall run from October 1, 2017 — September 30, 2018: $181,435.00 Owner shall pay the Manager 1112 of the annual management fee on the first day of each month for Management and Operation Services performed in the previous month. Payment shall be deemed late on the 15th day of the month, except that any payment owed for Management and Operation Services performed under the 2012 Agreement shall not be deemed late so long as such payment is received no later than October 30, 2015. 13) Yndemnificationl Owner shall indemnify, save, and hold harmless Owner, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is 00565818-2 Page 11 of 15 otherwise related to the Manager's performance of the Management and Operation Services or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Manger, Manager's agents, and Manager's employees. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of Owner as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Act to indemnify Owner for its own negligence, or intentional acts of Owner, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 14) Sale of Fuel Dock and Marina. If Owner executes a listing agreement with a broker for sale of the Fuel Dock and Marina, Manager shall cooperate with such broker to the extent that the broker's activities do not unreasonably interfere with Manager's performance of the Management and Operation Services. Manager will permit the broker and potential purchasers to access and exhibit the Fuel Dock and Marina during reasonable business hours so long as the broker has secured Manager's permission in advance. Manager's agreement to accommodate a broker and facilitate in the sale of the Fuel Dock and Marina is a material provision of this Addendum, and Manager agrees that failure on its part to extend cooperation to a broker desiring to show the Fuel Dock and Marina is a material default on its part under this Addendum and is grounds for immediate termination of this Addendum. 15) Notices. Any notice, statement or demand required or permitted by this Addendum to shall be in writing, and shall be sent by registered or certified mail to: A. For Owner: Boynton Beach Community Redevelopment Agency C/o 710 North Federal Highway Boynton Beach, FL 33435, or at such other address as Owner may from time to time designate to Manager in writing. B. For Manager: Waypoint Marine, Inc. C/o 12649 67th Street North West Palm Beach, FL or such other address as Manager may, from time to time, designate to Owner in writing. Any such notice, statement or demand shall be deemed delivered as of the date of delivery identified on the registered or certified mail receipt. 16) Assignability. Subject to at least 30 days' prior written notice to and approval by Owner, Manager may assign its respective rights, interests and obligations under this Addendum to any subsidiary, to any corporation with which it merges or is consolidated, or to any 00565a1a-2 Page 12 of 15 corporation to which it sells the majority of its assets. No other assignment of this agreement or the rights under it by Manager shall be permitted. 17) Competitive Bidding. Except as otherwise provided in this Addendum, Manager shall comply with the requirements and procedures outlines in the Boynton Beach Community Redevelopment Agency Procurement Policy, as it may exist from time to time, for the procurement of goods and services in connection with the Operation and Management Services of the Fuel Dock and Marina. 18) Final Accounting. Upon termination of this Addendum for any reason, Manager shall promptly deliver to Owner the following with respect to the Fuel Dock and Marina: A. A final accounting, reflecting the balance of income and expenses of the Fuel Dock and Marina, as of the date of termination or withdrawal, to be delivered within thirty (30) days after such termination or withdrawal; B. Any balance of monies of Owner or tenant security deposits, or both, held by Manager with respect to the Fuel Dock and Marina, to be delivered to Owner immediately upon termination; C. All records, contacts, bookings, leases, reservation books, receipts for deposits, unpaid bills and other papers or documents which pertain to the Fuel Dock and Marina, to be delivered immediately upon such termination; and D. A complete inventory of the assets of Owner, including, but not limited to, personal property, equipment, inventory and consumables. 19) No Partnership. Manager agrees that nothing contained in this Addendum shall be deemed or construed as creating a partnership, joint venture, or employee relationship between Owner and Manager, or Owner and Manager's employees and personnel. It is specifically understood that Manager is an independent contractor and that no employer/employee relationship is or shall be created nor shall exist by reason of this Addendum or the performance of the Management and Operation Services. Manager will exercise its own judgment in matters of safety for its employees and patrons or occupants of the Fuel Dock and Marina. 20) Enforceability and Severability. If any part of this Addendum shall be declared unlawful or invalid, or otherwise unenforceable, the remainder of the Addendum will continue to be binding upon the parties. 21) No Discrimination. Manager shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital statues, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Addendum. 22) Waiver of Provisions. Owner may, in its sole and absolute discretion, waive any condition, provision, or requirement of the Manager contained in this Addendum. However, Owner shall not be deemed to have waived any such requirement unless such waiver is evidenced in writing that expressly states that Owner intends to waive such condition, provision or 00.565816-2 Page 13 of 15 requirement. No waiver may be implied by the conduct of Owner, and no waiver shall be deemed to be a continuing wavier unless the continual nature of the waiver is evidenced in writing. Manager shall not be deemed to have waived any of the conditions, provisions or requirements of Owner contained in this Addendum unless such waiver is evidenced in writing that expressly states that Manager intends to waive such a conditions, provisions or requirement. 23) Entire Agreement. This Addendum represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Addendum and the terns of this Addendum supersede all such other agreements, specifically including the 2012 Agreement. No extraneous information may be used to alter the terms of this Addendum. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Addendum shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 25) Addendum Deemed to be Drafted Jointly. This Addendum shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one Party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Addendum fairly and reasonably in accordance with the purpose of this Addendum. 26) Independent Advice. The Parties declare that the terms of this Addendum have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 2') Public Records. Owner is a public agency subject to Chapter 119, Florida Statutes. Manager shall comply with Florida's Public Records Law. Specifically, Manager shall: A. Keep and maintain public records that ordinarily and necessarily would be required by Owner in order to perform the Management and Operation Services referenced herein; B. Provide the public with access to such public records on the same terms and conditions that Owner would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 00565818-2 Page 14 of 15 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 Owner, at no cost, all public records in possession of Manager upon termination of the Addendum and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to Owner in a format that is compatible with the information technology systems of Owner. Manager also understands that Owner may disclose any document in connection with performance of the Management and Operation Services or this Addendum, so long as the document is not exempt or confidential and exempt from public records requirements. 28) Compliance with Laws. In the performance of the Management and Operation Services under this Addendum, the Manager shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and Owner ordinances and regulations, including ethics and applicable procurement requirements. 29) Counterparts and Transmission. To facilitate execution, this Addendum may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 30) Survival. The provisions of this Addendum regarding indemnity, waiver, insurance, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be executed on the day and year written below. Date: Authorized Representative for Manager Date: Authorized Representative for Owner 00565818-2 Page 15 of 15 �IiiiiiiiiiiiiiiiiiiiBEACHCRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only AGENDA ITEM: XIV. C. SUBJECT: Approval of the Boynton Harbor Marina Dockage Agreement for FY 2015-2016. SUMMARY: The CRA purchased the privately owned and operated Two George's Marina in March 2006 consisting of both commercial and private boat slips along with a two story building made up of two small retail spaces on the first floor and a two bed room, one bathroom residential apartment on the second floor. The purchase was made to preserve the viability of the local commercial fishing and diving industry in Boynton Beach which is diminishing because of the lack of affordable marina space due in part to the privatization of area marinas as well as the residential redevelopment of waterfront lands. To date, the CRA has invested over $19 million in Boynton Harbor Marina area improvements including the Boynton Beach Boulevard extension & Promenade walkway, acquisition of the marina & fuel dock facility, the slip and fuel dock reconstruction project, Marina Master Redevelopment Plan design, the marina Entry Tower entry feature project and the recently completed Harbor Master Building project. At their regular meeting held on September 9, 2014, the CRA Board approved the annual the dockage agreement along with the rules and regulations (see Attachment 1) for the commercial marine tenants who occupy slips within the CRA owned marina. The annual dockage lease rate is approved by the CRA Board approved the annual lease rate of $16 per linear vessel foot within the Annual Budget for FY 2015-2016. With Board approval, the CRA would like to continue to offer the fuel discount program to the Boynton Harbor Marina tenants and commercial vessels within the basin amounting to approximately $6,000 per year in discounted fuel savings for these local businesses. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Community Redevelopment Plan, Marina Redevelopment Master Plan and the Downtown Vision and Master Plan. RECOMMENDATIONS: Approval of the CRA FY 2015-2016 Boynton Harbor Marina Dockage Lease Agreement and lease rate of $16.00 per vessel linear foot as well as offering the fuel discount program to the Boynton Harbor Marina tenants and commercial vessels within the marina basin. 4 Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board Meetings\October 20151Madna Dockage Agreement.docx ATTACHMENT Boynton Harbor Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY `BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT This Lease Agreement is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, herein called "LESSOR ifand the undersigned boat and/or owner, hereinafter called, "LESSEE". WAYPOINT MARINE, INC., hereinafter referred to as "Dock Master" performs any and all duties of marina management on behalf of the LESSOR. . (Print all information. All blank spaces must be completed.) LESSEE'S Name LESSEE'S Address City Phone No. Vessel Registration No. (hereinafter "Vessel"). Make Year BUSINESS NAME State Zip Alternate Phone No. Vessel Name: O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 Slip No. Lease Rate: _ $16.00 ver foot from October 1, 2015 until September 30, 2016 00389536-2 TDrive:Marina/MarinaLeases/AnnualDockageLease/FY15-16 1. Term. The term of this Dockage Lease shall be from until September 30, 2016. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. The rental shall be the sum of per month based on the lease rate of sixteen dollars ($16.00) per vessel linear foot plus 6% sales tax in the amount of $ , for a total of $ per month from the time period of October 1, 2015 through September 30, 2016. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the Late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip determined by LESSOR and calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the I" of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. . 4. Late Payment. There shall be a fifty dollar ($50.00) late payment fee due on all rent or utility payments received after the past due date. There shall be an additional fifty dollar ($50.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. 5. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the boat to any docks or property of LESSOR or any other person at the docks. The lien shall be in addition to all other remedies available at law or in equity. 6. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub -leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create a lease in favor of the LESSEE or any interest in the underlying bottom lands or real property connected with the LESSOR. 7. Absences from Slip. LESSEE is required to notify the Dock Master in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day 00389536-2 TDrive:Marina/Marinatzms/AnnualDockageF easc/FY15-16 period. Slips left empty for longer than a thirty consecutive day period, or for twenty days in a forty five day period without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 8. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE may terminate this Lease by providing thirty (30) day written notice to the LESSOR provided all rents and fees are current and paid in full. d. By breach or default as provided in paragraph 9 below. C. Late payment of rent, including items deemed "additional rent," or penalty charges. £ Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 16 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 4. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense... LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 10. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 11. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's vessel in danger of incurring damage to itself or LESSEE's vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove 00369536-2 TDrive:Marina/MarinaLeases/AnnualDockageLease/FY 15-16 his/her vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's vessel to the LESSOR's property, dockage facilities, LESSEE's vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove his/her vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel from the marina promptly (timeframe to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for (insert geographic area), Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, it LESSEE shall be responsible for all damage caused by his vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dock Master or the LESSOR at the signing of this Lease. 12. Telephone, Cable, Internet, etc. LESSOR represents and LESSEE understands that there is no telephone, cable television, internet or wireless internet (Wi-Fi) service provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dock Master or the LESSOR. 13. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 00389536-2 TDrive:Marina/MarinaLeases/AnnualDockageLeaselFY 15-16 14. No additional vessels permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 15. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at his/her vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on a vessel (other than LESSEE) must register with the Dock Master and provide copies of the business license and proof of their business insurance policy. 16. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Dockage Lease and at each subsequent renewal. The Dock Master and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 17. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. IS. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable 00389536-2 TDrive:Marina/MarinaLeases/AnnualDockageLease/FY15-16 defense costs including attorney fees and attorneys fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 20. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 21. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 22. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 23. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 24. Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 25. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 26. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said 00389536-2 TDrive:Marina/MarinaLeas&AnnualDockageLease/FY15-16 counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the vessel. I waive my rights under any privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any 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 Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. Date: LESSEE Signature*: Date:LESSEE Signature*: Print Name Print Name *If Lessee a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Date: Title: 0038953&2 TDrive:Marina/MarinaLeases/Annua]DockageLease/FY15-16 Boynton Harbor Marina EXHIBIT A BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR docks, their patrons and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE is required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dock Master. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets permitted only if they do not disturb other Lessees and guests. 4. Under no circumstances will live -aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dock Master of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or 00389536-2 TDrive:Marina/MarinaLeases/AnnualDockageLeascJFY15-16 disturbance. Upon request by the Dock Master or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dock Master and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers shall be prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as described in "Exhibit B." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of Gam to bpm seven days a week. These spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG TERM PARKING W1LL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dock Master and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dock Master for instructions on obtaining the required overnight parking pass. 15. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSOR's vehicle. 16. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dock Master before commencing work and pursuant to the terms of the Lease. The Dock Master will provide a one -day "Contractor Parking Pass" to Contractors upon registration. If more than one day of work is required, the Contractor shall check in with the Dock Master each day prior to commencing work. M9536-2 TDrive:Marina/MarinaLeases/AnnualDockageLease/FY 15-16 17. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dock Master or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE: LESSEE: Date: Date: 00389536-2 TDrive:Marina/MarinaLeasWAnnualDockageLease/FY15-16 BOYNTONCRA BEACH CRA BOARD MEETING OF: October 13. 2015 _ Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only I I Other AGENDA ITEM: XIV D SUBJECT: Consideration of CRA Contribution to Employee Healthcare Savings Accounts (HSA) Consistent with City's direction/authorization as it pertains to non - represented employees for FY 15116. SUMMARY: In 2006 the CRA and City entered into an ILA, Resolution No. R06-059 (attached) providing the CRA with the ability to utilize existing City agreements with providers of health, dental, vision and life insurance. The CRA pays all costs associated with the providers and follows City policies concerning payment coverages and administration. With the implementation of the Cigna High Deductible Health Plan (HDHP) the cost of the premium and an amount for contribution by the CRA to employee HSA accounts was budgeted although the exact amount of the contribution was not determined by the City by the time the CRA budget was published for Board approval on September 9, 2015. At the City Commission meeting September 15, 2015, the Commission authorized the following (Source: City Finance Director): "City Commission authorized for General Employees an HSA contribution of $1250.00 to be deposited in full into their HSA accounts on the 10/23/2015 check date. General Employees may also use up to $750.00 of sick and vacation time at a 100% conversion rate to help fund their HSA. Employees may elect to do this between October 1, 2015 — October 31, 2015 and April 1, 2015 —April 30, 2015. Please note that employees may convert a TOTAL of $750.00 of sick and vacation time, even though they are provided opportunities two times during the year. So, for example, if an employee chooses to convert $500.00 worth of sick and vacation during October, then they are only able to convert $250.00 during April. " T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT=ompleted Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingslOctober 20151FINANCE - CRA Contribution to Employee Healthcare Savings Account.docx BOYNCRA Staff recommends that consistent with the terms of R06-059 and City policy regarding the HDHP outlined above, the CRA Board approve the contribution by the CRA to employee's HSA in the amount of $1,250.00 in October 2015 and the use of vacation and sick time to fund employee HSA, if requested by the employee, as outline in the City policy above. FISCAL IMPACT: Budgeted in FY 2015-2016 CRA PLAN, PROGRAM OR PROJECT: Administrative RECOMMENDATIONS: Approve a CRA contribution of $1,250.00 to CRA employee HSA accounts in October 2015 and allow CRA employees to use up to a total of $750.00 of sick and vacation time at a 100% conversion rate to help fund their HSA between October 1, 2015 October 31, 2015 and April 1, 2015 — April 30, 2015. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2015 - 2016 Board MeetingMOctober 20157INANCE - CRA Contribution to Employee Healthcare Savings Account.docx 2 3 4 s 6 7 8 9 to II 12 13 14 I5 16 17 Is 19, 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R06- 0 S'q A RESOLUTION OF THE CITY CO MISSION OF BOYNTON BEACH, FLORIDA, APF OVING TIME INTERLOCAL AGREEMENT BETWEEN HE CITY OF BOYNTON BEACH AND THE BO ON BEACH COMMUNITY REDEVELOPMENT AGE CY FOR TO PERMIT THE BOYNTON BEACH CRA TO UTILIZE THE CITY'S BENEFIT PLANS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Agreement permits tbo Boynton Beach Community Redevelopment Agency (CRA) to utilize the Benefit Plans fdr coverages that are afforded to employees of the City through negotiated agreements with Pian Providers for the benefit of CRA employees; and WHEREAS, the City Commission of the Citic of Boynton Beach, upon recommendation of staff, deems it to be in the best interests 04 the residents and citizens of the City of Boynton Beach to approve the Agreement between �he City of Boynton Beach and Boynton Beach Community Redevelopment Agency permitt$g the CRA to utilize the City's benefit plans. NOW, THEREFORE, BE IT RESOLVED BY T4E CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT., Section 1. Each Whereas clause set forth Ove is true and correct and i incorporated herein by this reference. Section 2. The City Commission of the City 4 Boynton Beach, Florida does hereby approve the Agreement between the City of Boyntbi Beach and the Boynton Beach Community Redevelopment Agency permitting the Boynton Beach Community S;4CA1RESOlAgmementsMaterlocaMILA with CRA (Benefit N nWdoc , 2 3 4 5 6 7 s 9 i0 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 27 28 29 30 Redevelopment Agency to utilize the City's benefit plans for employees, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of Februar� 2006. CITY OF V ATTEST: l�y� CjAy► Clerk S:ICAIRESaIAgrmmentsUnterlocalslttA with CRA (Benefit Plans).doe BEACH, FLORIDA G_. RO(D-Osq INTERLOCAL AGREEMENT This is an Interlocal Agreement, made and entered into this by and between: CITY OF BOYNTON BEACH, a municipal corpora'ton of the State of Florida, hereinafter referred to as "City," 0 BOYNTON BEACH CONIUNITY REDEVE LOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter referred to as "th CRA" or '"CRA." WITNESSETH: WHEREAS, this Agreement is entered into pursuant to §16.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the CRA is a public agency created pursuant to rdinance No. 90-21 dated August 7, 1990, as subsequently amended; and WHEREAS, City is providing the CRA with the ability to utilize existing City agreements with providers of health and other insurance, thereby al +owing CRA. employees to participate in health and other insurance plans under the same cover ge's and programs offered to City employees; and WHEREAS, City has entered into a health insurance plan witj Blue Cross/Blue Shield of Florida, MetLife dental, vision care, and life plans for the 20051 6 fiscal year (the "Plan" individually or the "Plans" collectively); and WHEREAS, CRA is desirous of participating in the City's PI a s for the benefit of CRA"s employees; and WHEREAS, City has no objection to CRA or its mmployeesl benefiting from the flans negotiated by City with private providers ("Plan Providers"); and WHEREAS, the Plan Providers of coverage's under the PI have agreed to furnish services to the CRA for the benefit of CRA employees at the same rates, benefits, incremental costs, and terms and conditions contracted for with City; Page 1 NOW, THEREFORE, Itu CONSIDERATION of the mutual trms, conditions, promises, covenants and payments hereinafter set forth, City and CRA agree as flows: ARTICLE 1- PURPOSE 1.1 The Purpose of this Interlocal Agreement is to permit t le CRA to utilize the Plans for coverage's that are afforded to employees of the City through gotiated agreements with Plan Providers, for the benefit of CRA employees. The parties mutua1i ly desire to formulate such relationship in this Interlocal Agreement. The intent of the parties is hat all plan administration responsibilities, premiums, and any other costs and expenses associ ted with the providing 'of coverage under the Plans to CRA employees shall be the responsibility of the CRA. It is also the intent of this Agreement that any apportioned costs for stop -loss coverage and for the City's assistance be incurred by and be the responsibility of the CRA. ARTICLE 2 - SCOPE OF SERVICES 2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the City, CRA may offer enrollment to CRA employees in the Plans ffir the 2005/06 fiscal year under the terms and conditions of this Agreement, and subject to renei val as provided in Article 3 below. Subject to any objection from a Plan Provider, it is the intent Df the parties that the CRA shall be subject to the Plans, coverage's, negotiations, and agreern between the City and the respective Plan Providers. CRA understands that the individual Plan I roviders may require CRA to enter into a written agreement with the Plan Provider to, in ess mce, piggyback the City's agreement with the Plan Provider. However, it is further recognize( that, except as negotiated between the CRA and any Plan Provider, any such agreement be en the CRA and the Plan Provider shall be under the same terms and conditions as the City's agreement with Plan Provider. The City's current Plans and Pian Providers are set forth in Exhibit "A," a copy of which is attached hereto and made a part of this Agreement. Based on the City's independent negotiations for services and coverage with Plan Providers, Exhibit 'A" to this Agreement may be amended by the City on an annual basis without the necessity oCRA or City Commission approval. 2.2. CRA shall administer the enrollment and cancellation of CRA employees in such Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's agreements with any Plan Provider, the CRA'S share of contribution i equired for such premiums and coverage's resulting from CRA employees' enrollment in the PI m. The CRA shall be fully responsible for collecting and remitting all required sums from its employees. CRA'S use of Plan Provider agreements shall in no way bind the City. 2.3. It is understood and agreed that City shall not be rtsponsible for any costs or expenses, premiums, or contract requirements of CRA in connection with the CRA'S use of City's Plan Providers, and that CRA shall hold harmless and indemnify City, to the extent permitted by law, for any costs or expenses whatsoever attributable to the CRA'S providing of and snaking available such insurance coverage to and for CRA empk yees, CRA. shall reimburse City for any additional costs, if any and in addition to those sped ically provided for in this Agreement, incurred and documented by City in performing this Agr ment. Page 2 2.4 Should CRA desire to have City provide any servic provision of insurance benefits to CRA employees, a separate agree Agreement shall be required and mutually agreed upon by the parties. in connection with the It or amendment to this 2.5 City will provide reasonable assistance througb its Human Resources departmental staff to CRA to answer questions regarding Plans and Plan administration and in contacting Plan Providers with CRA matters concerning the Plan(s). 2.6 CRA expressly understands and agrees that, subject t any separately negotiated provisions between the CRA and any Plan Provider as provided for n Section 2.1 above, Plan premiums, costs, benefits, and coverage's may be changed by the C ty or City's Plan Provider throughout the term of this Agreement. 2.7 Except as specifically provided in sections 2.8 and 2. of this Agreement, CRA shall make all required payments directly to Plan Providers, which will bill and invoice CRA separately from City, in accordance with the agreement between the GRA and the Plan Provider. CRA shall have separate account numbers, separate accounts, ands arate invoices with Plan Providers. 2.8 CRA shall have no right to select any of the present r future Plan Providers of the City; nor shall CRA have any right under this Agreement to dete 'ne coverage's, premiums, or terms and conditions of agreements between the City and any Plan rovider. 2.9 Should City purchase stop -loss coverage from any PI Provider, CRA agrees to pay its share of the premium for such stop -loss coverage, apportion.,d based on the number of CRA employees and the additional pooling charges assessed by Plan Provider(s). Unless otherwise directed in writing by City, CRA shall pay City directly or this incremental cost in advance on an annual basis. CRA shall pay City pooling chargesaccordance with Exhibit "B", a copy of which is attached hereto and made a part of this Agre ent. 2.10 On a monthly basis, in advance, CRA shall pay the Ci an administrative charge equal to Ten ($10.00) for each CRA employee enrolled in urf Plan of the City. This administrative charge shall cover a portion of the costs incurred to the City in assisting the District and their employees with issues related to insurance and Plan overage's. ARTICLE 3 - TERM OF 3.1 This Agreement shall be deemed to have commenced c continue in full force and effect until terminated by either party in below. Page 3 in March 1, 2006, and shall accordance with Article 5 ARTICLE 4 - GOVERNMENTAL 4.1 City is a state agency as defined in Chapter 768.28, Fla ida. Statutes, and CRA is a public agency created pursuant to Chapter 153; Florida Statutes. To to extent permitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a wai er of sovereign immunity by any party to which sovereign immunity may be applicable. Nothi herein. shall be construed as consent by a state agency or political subdivision of the State of lorida to be sued by third parties in any matter arising. out of this Agreement or any other contr t. 4.2 Both parties acknowledge that this an Interlocal Agr ement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain at legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and mlief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective funetions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra -territorially under the provisions of any Interlocal Agreement. ARTICLE 5 - TIi RAffNATION 5.1 This Agreement may be terminated by either party by 1 in accordance with Article 6 herein at least sixty (60) days prior to th of a Plan or any new Plan, provided that such termination does not a its contractual relationships with Plan Providers. City may immediately upon notice from any PIan Provider that CRA is administration procedures or is not paying premiums to a Plan Provia such default or breach by the CRA may adversely impact City's Provider. ARTICLE 6 - NOTICES 6.1 Any and all notices given or required under this. may be delivered in person or by United States mail, postage return receipt requested, addressed as follows: TO CITY: City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Page 4 riving notice of termination expiration of any renewal Iversely impact the City in terminate the Agreement not complying with plan ler in a timely manner, and agreement with that Plan I shall be in writing and first class and certified, With copy to: City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 TO CRA: Lisa Bright Executive Director CRA 639 E. Ocean Avenue, Ste. 147 Boynton Beach, FL 33425 With copy to: CRA Attorney c/o Lewis, Longman & Walker, P.A. 1740 Palm Beach Lakes Blvd., Suite 1040 West Palm Beach, FL 33441 ARTICLE 7 - MISCELLANEOUS 7.1 ASSIGNMENT: Neither party shall have the right) to assign this Agreement without the express mutual consent of the other party. 7.2 DISPUTES: In the event: that a party has a disputt with respect to the other party's performance hereunder, the party shall notify the other part I in writing in accordance with Article 6, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to a mediator mutually agreed to by the parties before any litigation is brought. 7.3 WAIVER: The waiver by either party of any failure ot the part of the other party to perform in accordance with any of the terms or conditions of t is Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 7.4 SEVERABILITY: If any terns or provisions of this, thereof to any person or circumstance, shall to any extent be held remainder of this Agreement, or the application of such term or circumstance other than those as to which it is held invalid or ung valid and enforceable to the extent permitted by law. 7.5 ENTIRE AGREEMENT: It is understood and incorporates and includes all prior negotiations, agreements or ur Page 5 mt, or the application or unenforceable, the on, to any person or able, shall be deemed that this Agreement ngs applicable to the matters contained herein and the parties agree that there are no co fitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms, hereof shall be predicated upon any prior representations or agreements, whether oral or written. 7.6 MEPENDENT CONTRACTOR: City is an indept Agreement. Any services provided by City pursuant to this Agree supervision of City. In providing such services, neither City nor its employees, or agents of the CRA. This Agreement shall not cons partnership or joint venture. It is understood and agreed that eml entitled to any benefits offered by the City to City employees, includi Plan Providers pursuant to this Agreement. Any benefits to CRA ern CRA and at the cost, expense, and liability of CRA. 7.7 • MODIFICATION: It is further agreed that no alterations in the terms or conditions contained herein shall be written document executed with the same formality and of equal 7.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: . problems arising out of this transaction and any action invol interpretation of any rights hereunder shall be submitted to the jurisd the Fifteenth Judicial Circuit of Pahn Beach County, Florida, the governed by the laws of the State of Florida. In the event any causes Agreement are pre-empted by federal law, any such controversies jurisdiction of the United States District Court for the Southern Distri prompt and equitable resolution of any litigation that may arise he; waives any rights it may have to a trial by jury of any such litigation. ;nt contractor under this it shall be subject to the -nts shall act as officers, to or make the parties a fees of the CRA are not those benefits offered by yees are conveyed by the ifications, amendments or live unless contained in a V herewith.. ►ny controversies or legal ting the enforcement or ,tion of the State courts of venue situs, and shall be )f action arising out of this shall be submitted to the I of Florida. To encourage sunder, each party hereby 7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any part because of such party's preparation of this Agreement. 7.10 RECORDING: This Agreement shall be recorded in a public records of Palm Beach County, in accordance with the Florida Interlocal Cooperation ct of 1959. IN WITNESS WHEREOF, the parties have hereto set their ds and seals this day of , 2006. BOYNTON EACH COMMCJNITY REDEVELOP NT AGENCY P 'nt name: Chairman ATTEST: `S Ea,�aNE �1E��t►..tr-� Page 6 Print name: , Secretary Attest: *Jet rnto, City Clerk (CITY SEAL) as to form: of the City Attorney Page 7 as to CRA Attorney CITY OF BOYMON BEACH Kurt Bressner, Ci* Manager EXHIBIT "A." Plan Providers Medical - BlueCross BlueShield of Florida BlueCare® for large employer groups is an HMO product offered by H, subsidiary of Blue Cross and Blue Shield of Florida. The features of B' A full range of benefits for hospital, physician and other medi • Preventive care, such as routine physical exams, well-child health care screenings • Predictable costs through pre -determined co -payments for h care and referrals are coordinated through a Primary Care P Options, Inc. (HOI), a gree are: Services immunizations and benefits as long as !an Our BlueChoicO PPO (Preferred Provider Organization) pian offers tt e freedom to choose any doctor and hospital for care. However, members receive maximum be iefits and are free from claims filing and balance billing when they choose physicians and proiders who participate in the PPO network. Our BlueOptionsrm PPO health insurance policy offers members the f eadom to choose any doctor and hospital for care. However, they can maximize their bernefi , and free themselves from claims filing and balance billing, by choosing physicians and Providers who participate in our NetworkBluesm* provider network. Additionally, members are protected from balance billing when they receive covered services from an Out -of -Network provider ovho participates in our Traditional Program Network. Dental - Metl_€fe Group Dental Dental care is a part of healthy living, and for this reason a dental ben fit plan is a highly appreciated employee benefit. Yet, many employers do not offer a dei ital benefit plan as part of their overall benefits programs. This can add a financial burden for err ployees. Fortunately, McWfe has the knowledge and innovation to offer a range of affordab a dental benefit plans to fit the needs of nearly all employers. Vision - VisionCare Plan VisionCare Pian offers employees and their dependents a benefit thagcovers all routine eye care, including eye exams and eyeglasses (lenses and frames) or co tacts. The plan features: In -Network and Out -of -Network benefits. • Exam Plus, if you prefer contacts you get your exam plus an place of lenses and frames. Life & LTD Jefferson Pilot provides life insurance and accidental death coverage dependents. Program Terms Page 8 for contacts in all employees and their The medical, dental and vision care programs are all annual grog date of October 'Ise; however the programs are administered on a and AD&D are on a 3 year contract, Page 9 with a contract renewal der year basis. The life EXHIBIT "B" L'I'ON BEACH COMMUNITY REDEV CRA Special Annual Pooling Charge Staternt nt Pooling Rate and Annual Type Monthly Pooling Coverage Enrollment Total Expense EO 14 $ 15.96 $2,681.28 ES 2 $ 32.71 $ 785.04 EC 0 $ 30.16 $ 0.00 EF 4 $ 37.91 $1,819.68 TOTAL 20 $440.50 $5,286.00 Note; The above pooling charge calculation for CRA is based on enrollment during the last month of the 12 month experience period upon which The City's 10/1/2005 renewal was based. The actual annual expense charge will be prorated to the date of coverage and accounted in October 2006. Should average enrollment be less than that shown above, The City will reimburse CRA the amount of pooling expense charge overpaid. Should the enrollment be less than that shown above, then CRA will ay The City the additional pooling charge incurred. (actual annual enrollment tunes the above pooling expense charge rates will equal the actual annual pooling expense criarge for the 10/1/2005 — 9/30/2006 policy year.) Page 10 BOYNTON �BEACWCRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only AGENDA ITEM: XIV. E. SUBJECT. Consideration of Responses to the Invitation to Bid forthe NE 4th Street Parking Lot & Street Enhancement Project. SUMMARY: The CRA Board approved funding in the FY 2015-2016 budget in the amount of $251,713 under the line item heading, NE 4th Street Parking Lot & Street Enhancement Project for improvements to an barricaded and unmaintained parking lot owned by the City as well as enhancements to the overall street appearance through new stripping and corner pedestrian nodes (see Attachment 1). On August 27, 2015, CRA staff issued an Invitation to Bid (ITB) for the NE 0 Street Parking Lot & Street Enhancement Project document legally reviewed and approved by CRA Board legal counsel -(see Attachment 11). As of the ITB submission deadline of September 30, 2015 at 3:00pm, the CRA received three bid proposals from licensed general contracting firms: 1) Rosso Site Development, Inc.; 2) M&M Asphalt Maintenance, Inc. d/b/a All County Paving and 3) JMW Construction Corp. (see Attachment 111). The ITB bid responses as submitted have been reviewed by CRA staff, legal and the project's engineering and design professionals at Kimley-Horn and Associates using the terms and criteria set forth in the ITB document (see Attachment IV). Based on this review, Rosso Site Development, Inc. has been determined to be the lowest responsive and responsible bidder with a total cost proposal in the amount of $133,526.85. While unlikely, the ITB Addendum I specifications also required that the bidders include the costs associated with existing soil replenishment in the event conditions warranted additional materials due unforeseen conditions. Rosso Site Development, Inc. submitted a cost in the amount of $26,898 for this item in the event it is required by the project engineers and the City's Building Department. FISCAL IMPACT: Budget line item 02-58200-404 — Cost Proposal of $133,527 plus a 15% contingency of $20,030 and $26,898 for possible soil stabilization for a total of $180,455. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS: Approval of Rosso Site Development, Inc. as the general contracting firm for the NE 4th Street Parking Lot & Street Enhancement Project and approval to execute the contract document once approved by CRA staff and CRA Board legal counsel. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board Meetings\October 20151NE 4th Street Prkg Lot ITB responses.docx ATTACHMENT N 4� 00- OIL-- I ID ,Irk 1 I ��;lly I I JI All , r IA op , �' .r rfrlw •• f. �P� ° 1! � ray •I. ��j{'.� ,Irk 1 ATTACHMENT II •� BETA�CH CKA 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 September 30, 2015 at 3:00 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 either 1) the BBCRA website at www.catchboynton.com: or 2) available on disc at the Boynton Beach CRA office. The BBCRA will only accept bids submitted by licensed General 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. Among the factors that will be considered in determining whether a bidder is a responsible bidder for purposes of this project are: 1. They do not hold the requisite license(s) to apply for and obtain permits required for the work, and 2. They have not completed three (3) or more similar or related enhancement projects for a public entity or private sector developer within the past thirty-six (36) months. 3. They have been a party to litigation or arbitration arising from a project for a public entity within the past thirty-six ( 36) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They have not attended the mandatory pre-bid conference listed in 1.2 below. 6. They have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past thirty-six (36) months. 7. They were the contractor on a public construction project that incurred cost over -runs in excess of ten percent (10%) of the amount of their bid amount, within the past thirty-six (36) months. For purposes of this Invitation to Bid, the term "Contractor" refers to the successful Bidder except where context indicates another meaning. INVITATION to BID (ITB) Boynton Beach CRA NE 4h STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issue Date: August 27, 2015 Submission Deadline: September 30, 2015, 3:00pm Mandatory Pre -Bid Meeting: September 3, 2015 at 3:00pm (to be held at Project site) Bids will be publicly opened and read: September 30, 2015 at 3:15 pm N a" St & is P&kkwi t rrBM4&aiaa Page 1 of 25 at the BBCRA offices located at 710 N. Federal Highway, Boynton Beach, FL 33435 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 pursuant to the criteria set forth in this ITB. 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. INTRODUCTION Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities such as affordable housing, downtown commercial and residential redevelopment projects, special events, economic development and funding programs that assist with the creation of a vibrant downtown core and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA boundaries include 1,650 acres along the eastern edge of the City of Boynton Beach. Over the past four years, the BBCRA has completed capital improvement projects such as the construction of an amphitheater for special events, relocation and conversion of a historic residential structure into a restaurant use, construction of a downtown parking lot, as well as the redevelopment of the CRA's vibrant commercial Boynton Harbor Marina area. PROJECT DESCRIPTION The Boynton Beach Community Redevelopment Agency is seeking qualified Bid proposals for the resurfacing and improvements to an existing parking lot owned by the City of Boynton Beach located at the northeast comer of NE 4t' Street & NE 1st Avenue. The parking lot is currently surrounded by concrete railroad ties vertically positioned in the ground, which act as barricades to prevent access to the lot. The goal of the Project is to reactivate this parking lot by providing 19 parking spaces and providing street enhancements to aid in the safe movement of both pedestrians and vehicles. 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 documents available from the BBCRA constitute the entire Project that is the subject of this ITB. Contractor shall provide all materials, labor, permitting, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, in accordance with all applicable codes and as specified in the Construction Plans NE 4m St & I° Parkin®Lot 1TBOO548418-1 Page 2 of 25 prepared by Kimley Horn and Associates, Inc., a consultant to the BBCRA. See Attachment "A" Construction Plans and Spec cations, (available online at the BBCRA's website, www.catchb(2vnton.com or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435.) The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without first obtaining formal, written approval issued by the BBCRA in response to a written request from the Contractor and. The selected Contractor is to provide a full-time Project Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed, but at no time are construction activities to impede access, parking or deliveries to the existing roadways, restaurants or other active businesses in the area surrounding the Project. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide: 1) written notification to the BBRCA a minimum of one (1) week prior to the disruption of activity, 2) a schedule of the necessary construction activities, and 3) a guaranteed completion date of said activities. The Work included in the Project consists of furnishing all tools, materials, equipment, and supplies as well as the performance of all labor, handling, services, and incidentals. The foregoing description is general in nature. The scope of work is specifically defined by the Attachment "A" Construction Plans and Spec cations. 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 ITB. Failure to do so shall not relieve a successful Bidder of its obligation to furnish all material and labor necessary to carry out the provisions of its Contract. 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 ITB and the Project, 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. The BBCRA will hold a Mandatory Pre -Bid Meeting on September 3, 2015 at 3:00 pm at the Project site located at the northeast corner of NE 4th Street and NE 1st Avenue, Boynton Beach as shown on Attachment "A'; Exhibit "A" Site Location Map. Proof of attendance for the Mandatory Pre -Bid Meeting will be indicated by the Bidder's or Bidder's representative's signature on the attendance sheet provided at the Pre -Bid Meeting. xs 0 st & 11 rpt rrmommim Page 3 of 25 All bidders must attend the Pre -Bid Meeting in order to be qualified to submit a Bid. The purpose of the Pre -Bid Meeting is to provide prospective bidders the opportunity to perform a site inspection, submit written questions, and receive information on site issues. Failure of a Bidder or Bidder's Representative to attend the conference shall result in disqualification. 1.3 Project Delivery The construction is anticipated to be completed no longer than 120 days from the issuance of the Notice to Proceed (NTP). 1.4 Type of Contract Any contract awarded from this ITB will be negotiated with the successful Bidder and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. If a contract is not executed by the parties and approved by the BBCRA for any reason within 30 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 the Construction & Design documents shall be directed, in writing or via email, to: Kimley-Horn and Associates Attn: Jason Webber, P.E. 1690 S. Congress Avenue, Suite 100 Delray Beach, FL 33445 Office: (561) 404-7250 Email: jason.webber@kimley-hom.com With a copy to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 600-9091 Email: simonmCa@bbfl.us B. Questions regarding this ITB & Overall Project shall be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 600-9091 Email: NE 0 St & I° Pazii sl t tMW548412-1 Page 4 of 25 Written responses to all written questions submitted shall be maintained in the BBCRA ITB 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 3:00 pm, September 30, 2015. It is the responsibility of the Bidder to ensure 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. 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, one (1) bound original of the Bid and one unbound (1) clipped copy of the bid must be submitted. In addition, one (1) digital copy of the Bid in PDF format on CD/DVD or thumb drive 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 the Invitation to Bid Boynton Beach CRA NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issue Date: August 27, 2015 Submission Deadline: September 30, 2015, 3:OOpm 1.10 Selection Criteria The BBCRA will award the contract to the most responsive and responsible Bidder whose Bid is determined to be the most advantageous to the BBCRA as determined by the BBCRA in its sole discretion, pursuant to its analysis of the submitted Bids. The BBCRA's analysis will be based on the criteria contained in this ITB. The CRA will only consider Bidders and Bids that are determined to be responsible and responsive pursuant to the criteria contained in this ITB. 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 State Statutes. 1.12 Clarifications and Interpretations 1.12.1 Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.6. Contacts. All such requests must be submitted in writing or via email, no later than 5:00 pm, NE 4° st & 1"pwe gLot rrBOO 48418-1 Page 5 of 25 Monday, September 14, 2015. Answers to questions will be provided no later than 5:00 pm, Friday, September 18, 2015. 12.2 Clarifications or Interpretations Any clarifications or interpretations of this ITB 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 ITB, 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. 1.12.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) 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 CRA Board and Staff are prohibited from communicating directly or indirectly with Bidders regarding the substance of the Bid submittals until such time as the CRA 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. In accordance with § 287.067(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Bid response. 1.13 Obligations of Parties 1.13.1 Assumed Reouirements 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. NE 4� sc & i° Pkbot rrmOMB418-1 Page 6 of 25 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 this Bid or for any presentations made. 13.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this ITB, 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 ITB or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be binding on Bidder. 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, alterations, items not called for in the ITB documents, or irregularities of any kind, are subject to disqualification at the sole discretion of the BBCRA. 1.14.3 Compliance Failure to comply with the requirements contained in the ITB request may cause rejection of the Bid. 1. 14.4 Rejection Bids submitted after the Submittal Deadline will be rejected and 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 written request stating reasons for withdrawing the bid. 1.16 Ownership of Bids 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 NE 0 St & 1"PzUngLot PB00548418-I Page 7 of 25 request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as altemates and will be considered only if the bid pricing information requested by 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 any Contracts 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 "F" Bidder(s) Acknowledge and Compliance Certificate. 1.19 Tentative Schedule of Actions 1. 19.1 Release of Request for Bid 1. 19.2 Mandatory Pre -Bid meeting 1.19.3 Bid Submittal Deadline 1. 19.4 Public Bid Opening 1.19.5 BBCRA Board Presentation 1. 19.6 Anticipated Construction NTP August 27, 2015 September 3, 2015, 3:00pm, at Project site September 30, 2015, 3:OOpm September 30, 2015 at 3:15pm October 13, 2015, 6:30pm November 16, 2015 1.20 Execution of Agreement 1.20.1 Offer of Contract Upon selection of the successful Bidders) by the Board of the BBCRA, 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 Bidder in its Bid and accepted by BBCRA in negotiations. 1.20.2 BBCRA's Ri-ght to Withdraw In the event the successful Bidders) 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 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the Bid. NEO St @ 1' PwWogLoi rrHM_m&418-1 Page 8 of 25 1.22 Public Entity Crimes 1.22.1 Legal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will in no way be a cause for relief from responsibility. 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 (2) (a) of Section 287.133, Florida Statutes, Attachment "H" 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 required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond 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 ara rah and section numbers shown hereinafter. NE 41 S1 & 11Fa&k%I.ot nmoomac 8-1 Page 9 of 25 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. 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification 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 organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 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. NE a" St & t• vuxtngwt m3054418 -i Page 10 of 25 2.3.5 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. 2.3.6 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. 2.3.7 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. It is expected that a Project Manager or Project Supervisor will be on site during any work performed during the term of the project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this ITB are to be listed in the table shown in Attachment "F" Statement of Relevant Construction Experience. 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 ITB. For each project listed in this table where Bidder(s) self- performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis, corrective action, and interface with building inspectors, owners, and consultants. 2.7 Schedule Achievement Program Provide a "Gantt style" time schedule for completion of the Project and describe what techniques are planned to ensure that the schedule will be met. NE a" s, & 1`pm3ringut rrsoomm s -i Page 11 of 25 2.8 Subcontractors If a Bidder subcontracts any portion of the Project for any reason, the Bidder 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 "G" Schedule of Subcontractors. 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, who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a Bid of any Bidders) 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, they shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the Project. 2.9 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 "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non-responsive. 2.10 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. 2.11 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their Bid. 2.12 Bonding Capacity Bidders(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 Bid costs shall be provided in the format shown in Attachment "D" Bid Cost Acknowledgement Form along with a breakdown of costs for the project scope the Bidder(s) will responsible for undertaking to complete the Project as per the construction documents for categories and subcategories as listed in Attachment "C" Bid Cost Breakdown Form. If there are any additional line item(s) that the Bidder would like to include that are not included in Attachment "C" Bid Cost Breakdown Form, the Bidder shall request the line item(s) be added in accordance with Section 1.12. NE4" s, & 1"Pu3 *LMt TM0U54841®-1 Page 12 of 25 The scope of the Bidder(s)'s work consists of the totality of the successful Bidder(s)'s Construction Firm's duties and obligations under the ITB, including all Attachments and Addenda, and any resulting contract. 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 The BBCRA has pre -paid for the plan review and construction permit fees associated with the overall Project as of the date of issuance of the RFP. The BBCRA will pay the City of Boynton Beach directly for any additional permit fees or associated with the completion of the Demolition Phase Project and shown on Attachment "C" Bid Cost Breakdown as an Allowance, excluding any fees or costs incurred by the Bidder as a result of deficiencies in performance or oversights in construction management practices. N84' St& 11PaTw.gwrrBO0548418-I Page 13 of 25 ATTACHMENT "A" Construction Plans and Specifications Request for Bid documents, construction plans and specifications for the INVITATION to BID (ITB) Boynton Beach CRA NE 4th STREET PARKING LOT & STREET ENHANCEMENT PROJECT Dated August 24, 2015 may be obtained from the BBCRA's website online at www.catchboyaton.com or on CD/DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. NE 0 st & 1° Patmww TTH00.548418-I Page 14 of 25 ATTACHMENT "B" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Boynton Beach CRA NE 41h STREET PARKING LOT $ STREET ENHANCEMENT PROJECT 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. 5 Date Bidder's Signature Date Title NE 4' St& I°P.Ug1otMW54841a-1 Page 16 of 25 ATTACHMENT "C" BID COST BREAKDOWN Boynton Beach CRA NE 4TH STREET 31ST AVENUE PARKING LOT & STREET ENHANCEMENT PROJECT Kim ley * Horn Coats Associated with the Pariting Lot Sra ITEM OF WORK GTY LNIT UNIT COST SUB TOTAL ft 91MIditi2a and Paving. Grading and Drainage Removal of Existing Pavement Materials and Instasatign SY $ Excavate 3' Deep CY $ Removal Of EXili ft ConCreto SY $ Removal of Bollards EA ; Rework Lknerock Base SY # 1-112" Type S4 Pavement SY # Concrete Sklsvmlk SY $ Pavers SY $ ype'D' Curb LF $ Concrete wheel stops EA $ Pavement Markings/Striping LS $ Signs with Posts EA $ Retwete Single Post Sign EA $ 'Parking' Sign !o► Lot EA ; Silt Fence LF # Construction Fence LF $ Soil Tracking Preventkxl Device EA 3 Subtotal Site Demolition and Paving, Grading and Dridnoge Materials and Installation $ Landscape lind "pCd1i;ADe Materials Desert cassia - 3" CaL 10' HT x 4SPRD and Installation EA ; Live Oak - 4' Cal, tri' HT x 7' SPRD EA ; Sabal Palm- FG. 18-22' CT EA $ Thatch Palm - 8' OA Double Trunk EA $ Raspberry Bromeliad - 7 GAL. EA $ False Agave - 7 GAL. FA $ Petra Bromeltad -1 GAL. EA $ Gazpacho Bromeliad -1 GAL. EA $ Send Cord Grass - i 8' HT EA # Dwarf Fakahtaches Grass -18' HT EA $ - Stona Mulch - 2" River Rock C 3" depth w weed fabric SF i - Boulder - 24' x 36" x 10' Approximate Site EA S Mulch for project at S" Depth SF $ - Alununum edging LF $ - Lanciscape watering L$ $ - Subtotal Landscape and Hardsca Materials and Installation # General Rams as %of Materials and Installation Insurance LS 5 Bond (if required) LS S MOT LS S - General Conditions LS $ Mobilization LS $ Contractor's Fee LS $ Subtotal GeneraT (tams $ - Grand Total Opinion of Probable Cost t (Interactive Spreadsheet may be obtained under the ITB on the BBCRA's website) NE 4'" St & I`PffikiggLot rrBw548418-I Page 17 of 25 (Interactive Spreadsheet may be obtained under the ITB on the BBCRA's website) NE 41 St & ilre,iri.gw rrwom&4mi Page 18 of 25 nton each C ET BST WBEACIAC1[A NE 4TH STR & AVENUE PARKING LOT & STREET ENHANCEMENT PROJECT Kimley»1Horn Costs Associated with the ROW Rope rMM OF WORK I QTY I UNIT I uNrr cosi I suB TOTAL Site Demolition and P r ina e Materials a on 1-1I2" Type S-I Pavement SY $ Rework Limerock Base SY $ Removal of Existing Concrete SY $ Removal of Existing Pavement SY $ - Concrete Sidewalk SY $ - Pavers SY $ Type 'Q' Curb LF $ Pavement Markin slStri in LS $ Subtatal Site Demallban and Paving, Grading and Drainage Materials and Installation $ General Items go % of Moortaig and Installation Insurance LS $ Bond (if required) LS $ Mai LS $ - General Conditions LS $ - Mobilization LS $ Contractoes Fee LS $ Subtotal General Items $ Grand Total of Proect Costs $ (Interactive Spreadsheet may be obtained under the ITB on the BBCRA's website) NE 41 St & ilre,iri.gw rrwom&4mi Page 18 of 25 ATTACHMENT "D" BID COST ACKNOWLEDGEMENT Project Title: NE 4t' STREET PARKING LOT & STREET ENHANCEMENT PROJECT Name of Bidder: 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," Construction Plans and Spec cations. 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 Invitation to Bid, including all Attachments and Addenda. The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project: GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Bidders) 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 calendar days thereafter. One (1) original and one (1) unbound copy of Bid submitted One (1) cd disc or thumb drive containing copy of Bid 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 all Invitation to Bid Documents including all Attachments and Addenda thereto, and agrees that if selected and a contract with the BBCRA results from such selection, Bidder will perform all items, covenants and conditions in exact compliance with the requirements of this RFP and any resulting contract. The Bidder(s), by and through the submission of this Bid, agrees that ne or sne nas examined and shall be held responsible for having 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. The Bidder, by submission of this Bid, acknowledges that the Bidder has been advised that in the event that the Bidder contests the award of this Project to another Bidder, the Bidder's damages, if any, are limited to actual Bid preparation costs, and Bidder hereby waives any HSE 4' St & iIParkingl.ot 1TB00548418-I Page 19 of 25 claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project to Bidder. Date: Name of Bidder, Corporation, Firm or Individual By: Signature Printed/Typed Name Title Telephone Number State of Florida Contractor License Number: NL O'St & 1`PWkf%LOt nBW548418-1 Page 20 of 25 ATTACHMENT "E" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 714 North Federal Highway Boynton Beach, Fl- 33435 Issued Date: August 27, 2015 Project Title: NE 4" STREET PARKING LOT S STREET ENHANCEMENT PROJECT Bid Submission: September 30, 2015. Bids must be received in their entirety by the BBCRA no later than 3:00 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 Bidder: Federal I.D. Number: A Corporation of the State of: Telephone Number: (� Mailing Address: City: Authorized Signature Name (Printed or Typed) Title NH45St&ilpm ingLotrIBOo_94841&1 Page 21 of 25 Fax Number: State: Zip: ATTACHMENT "F" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. 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 copies of required licenses and/or business permits. 8. Number of Employees: 9. Bonding Capacity: 10. Experience in performance: Project Value Contact Name $ rE 4'1 st & i" vuii;ngLot rrBo054841s-1 Page 22 of 25 years Phone # ATTACHMENT "G" 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: NE 4th STREET PARKING LOT 8r STREET ENHANCEMENT PROJECT Issuance Date: August 27, 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: NE 411 s1 & 1" ParkingLot ITBoo548418.1 Page 23 of 25 ATTACHMENT "H" 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 Signature Title NE 4� St a 1" rs*imUt rrsoo54841s1 Page 24 of 25 1►,rifA93:IJAI=12111aW 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. 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: 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. 1) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 2) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 3) 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. 4) 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. 5) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Authorized Signature Name (Printed or Typed) Title MH 41 St &I' PLot rrBOON9418a Page 25 of 25 TACRA PROJECT=RA Parking Prow #1ft Lot an NE 4th BtraaNTB Dow for WabaWTB 41h Parldnp Lot RoW Cost Bid Breakdown Fon Boynton Beach CRA BQYNTO [�/� CI\/` NE 4TH STREET & 1ST AVENUE PARKING =BEA* -1 LOT & STREET ENHANCEMENT PROJECT Kimley»>Horn Costs Associated with the ROW Scope ITEM OF WORK QTY UNIT I UNIT COST I SUB TOTAL Site Demolition and Pavina. Grading and Drainage Materials and Installation 1-112" Type S-1 Pavement SY $ - Rework Limerock Base SY $ Removal of Existing Concrete SY $ - Removal of Existing Pavement SY $ - Concrete Sidewalk SY $ Pavers SY $ Type "D" Curb LF $ Pavement Markin s/Stri ping LS $ - Subtotal SFte Demolition and Paving, Grading and Drainage Materials and Installation $ - General Items ash of Materials and Installation Insurance LS $ Bond (if required) LS $ MOT LS $ General Conditions LS $ Mobilization LS $ Contractor's Fee LS $ - Subtotal General Items $ - Grand Total of Project Costs $ - TACRA PROJECT=RA Parking Prow #1ft Lot an NE 4th BtraaNTB Dow for WabaWTB 41h Parldnp Lot RoW Cost Bid Breakdown Fon T.'ICRAPROJECT81CRA P4Mbg P�jx W4 Cohn NE 41h ef""NM b—N"W-bat MTB4F P"k"WCml BE-- "---F— Boynton Beach CRA I�p CRA NE 4TH STREET & 1ST AVENUE PARKING LOT & B 1�H STREET ENHANCEMENT PROJECT Kimley>» Horn Costs Associated with the Parking Lot Scope ITEM OF WORK QTY UNIT UNIT COST SUB TOTAL Site Demolition and Paving, i and Drainage Materials and Installation Removal of Existing Pavement SY $ Excavate 3' Deep CY $ Removal of Existing Concrete SY $ - Removal of Bollards EA $ Rework Limerock Base SY $ - 1-112" Type S-1 Pavement SY $ - Concrete Sidewalk SY $ - Pavers SY $ Type "D" Curb LF $ Concrete Wheel Stops EA $ Pavement MarkingstStriping LS Signs with Posts EA 5: Relocate Single Post Sign EA $ "Parking" Sign for Lot EA $ Silt Fence LF $ Construction Fence LF $ Soil Tracking Prevention Device EA $ Subtotal Site Demolition and Paving, Grading and Drainage Materials and Installation $ - Landscape and Hantscape Materials and Installation Desert Cassia - 3" Cal. 10' HT x 4' SPRD EA $ Live Oak - 4" Cal. 16' HT x 7' SPRD Fro $ - Sabel Palm - FG. 18'-22' CT EA $ Thatch Palm - 8' OA Double Trunk EA $ Raspberry Bromeliad - 7 GAL. EA $ False Agave - 7 GAL. EA $ Petra Bromeliad - 1 GAL. EA $ Gazpacho Bromeliad -1 GAL. EA $ - Sand Cord Grass -18" HT EA $ - Dwarf Fakahtachee Grass - 18" HT EA $ - Stone Mulch - 2" River Rock @ 3" depth w weed fabric SF $ - Boulder - 24" x 36" x 10" Approximate Size EA $ - Mulch for project at 3" Depth SF $ Aluminum edging LF $ Landscape Watering LS $ Subtotal Landscape and Hardsca a Materials and Installation $ - General Items s of Materials and Installation Insurance LS $ Bond (if required) LS $ MOT LS $ General Conditions LS $ Mobilization LS $ Contractor's Fee LS $ - Subtotal General Items $ - Grand Total Opinion of Probable Cost S - T.'ICRAPROJECT81CRA P4Mbg P�jx W4 Cohn NE 41h ef""NM b—N"W-bat MTB4F P"k"WCml BE-- "---F— Simon, Michael From: Simon, Michael Sent: Wednesday, September 16, 2015 9:44 AM To: Joe Rosso IIT Ooe3@rossositedevelopment.com); JMW Construction; 'maceti@allcountypaving.com' Cc: Jason Webber oason.webber@kimley-horn.com); Juliana jaramillo@kimley-horn.com; Brooks, Vivian; Ed.Grady@kimley-horn.com Subject: Addendum 1 - ITB for the NE 4th Street Parking Lot Prj Attachments: 2015_09_15 -BB -CRA -4th -Street Parking_Addendum_l.pdf; ITB_ 4th_Parking_Lot_Cost Bid_Breakdown_Form Addendum_1.xis;1TB_ 4th_Parking_Lot_RoW_Cost_Bid_Breakdown_Form_Addendum_l.xls; 4th St ITB sign -in list -mandatory pre-bid 090315.pdf Importance: High Good morning: The Boynton Beach CRA and our design professionals are issuing the attached Addendum 1:Response to RFIs, Addendum 1: RoW Cost Bid Breakdown form and Addendum 1: Parking Lot Cost Breakdown form to the Invitation to Bid for the NE 4th Street Parking Lt & Street Enhancement Project. This is the first Addendum issued for this ITB. As a reminder, the ITB submission deadline is September 30, 2015, no later than 3:00pm at the CRA office located at 710 N. Federal Highway, Boynton Beach. The CRA appreciates your interest, time and efforts in preparing this submission. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9091 1 f: 561-737-3258 SimonM@bbfl.us I www.catchboynton.com America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. ADDENDUM No. I Addendum Issue Date: September 16, 2015 Boynton Beach Community Redevelopment Agency (CRA) INVITATION to BID For the NE 4th STREET PARKING LOT & STREET ENHANCEMENT PROJECT Located at the Northeast Corner of NE 4th Street and NE Ist Avenue, Boynton Beach, FL ITB Issue Date: August 27, 2015 Submission Deadline Date: September 30, 2015, no later than 3pm The Boynton Beach Community Redevelopment Agency (CRA) is issuing the following responses to "Requests for Information or Clarification" received from interested parties that are deemed material to the Invitation to Bid (ITB) document or project plans or specifications, in accordance with Section 1.12 of the ITB: 1. Is the aluminum edging required at all areas where the stone does not abut concrete, including the east property line? Resoonse: The east property line abuts existing asphalt, therefore aluminum edging is required. Aluminum edging is only required where shown on sheet L1.00, between the stone mulch and the bioswale plantings. 2. I do not see any Desert Cassia's on this project, but there is a line item. Response: the bid form is incorrect. The plant schedule on sheet Ll. 00 provides a listing of all plantings required for this project. The revised bid form is included in this Addendum. 3. Are there cores that can be provided to ensure that there is sufficient thickness of lime rock in the existing parking lot in order to meet the 4" minimum thickness after regrading? If the thickness is not there, what is the expected remediation? Response: There were no cores completed as a part of the design of the project. The original intent of the project was to rehabilitate the existing asphaltpavement. The current scope of work is to remove the existing asphalt within the new parking area and add lime rock as needed to meet the proposed grades, all of which are anticipated to be at or above the existing grades. In the case that the existing lime rock is insufficient and as directed by the CRA, the contractor shall prepare a full pavement section of compacted subgrade, 11.5" of lime rock meeting LBR 100, and 1.5 " of Type S-1 asphaltic concrete pavement. As discussed in the pre-bid meeting, held on September 3, 2015, the CRA has requested that the contractor provide pricing for this work on a per square yard (SY) basis. If needed, any work noted above will be per at that rate for only the area necessary as determined by the CRA. The revised bid form is included in this Addendum. 4. Sheet C4.00 — Parking Sign note says to see the landscape plan for details. The landscape plan gives no detail. Can one be provided? Response: The sign is not included in this project and will be handled by the CRA separately. The item has been removed from the bid form. 5. I do not see a bid bond form in the bidding documents. Is one required? Response: A bid bond form is not included in the hid documents. A bid bond may be required as stated in the Invitation to Bid at the discretion of the CRA. b. Is there an engineer's estimate or budget? Response: The CRA has established an approximate budget, however, will not be providing it as apart of the ITB at this time. 7. Should the existing wood pole at the southeast corner of the intersection of NE 4th Street and NE 1st Avenue be removed? Response: The ownership of the wood pole with no facilities attached has not been determined at this time. The removal may be performed by a utility company or the Contractor and that responsibility has not been determined at this time. The Contractor shall provide an alternate bid price for removal and legal disposal of that pole. The revised bid form is included in this Addendum. 2 Boynton Beach CRA BOYNTQN NE 4TH STREET & 1 ST AVENUE PARKING LOT 8L STREET BEACH ENHANCEMENT PROJECT Kimley* Horn Costs Associated with the Parking Lot Scone ITEM OF WORK QTY UNIT UNIT COST SUB TOTAL Site Demolition and Pavina, Gradina and Dralna e Materials and Installiggg Removal of Existing Pavement SY $ - Excavate 3' Deep CY $ - Removal of Existing Concrete SY $ _ Removal of Bollards EA $ - Rework Limerock Base SY $ 1-112" Type S-1 Pavement SY $ Concrete Sidewalk SY $ Pavers SY $ Type "D" Curb LF $ - Concrete Wheel Stops EA $ Pavement Markings/Striping LS $ - Signs with Posts EA $ Relocate Single Post Sign Fro $ Silt Fence LF $ Construction Fence LF $ Soil Tracking Prevention Device EA $ Subtotal Site Demolition and Paving, Grading and Drainage Materials and Installation $ - Landscape and Hardsca a Materials and Installation Live Oak - 4" Cal. 16' HT x T SPRD EA $ - Cabbage Palmetto - FG. 18'-22' CT Slick Trunk EA $ Thatch Palm - 8' OA Double Trunk EA $ Raspberry Bromeliad - 7 GAL. EA $ False Agave - 7 GAL. EA $ Petra Bromeliad - 1 GAL. EA $ - Gazpacho Bromeliad - 1 GAL. EA $ Sand Cord Grass -18" HT EA $ _ Dwarf Fakahtachee Grass -18" HT EA $ m Stone Mulch - 2" River Rock go 3" depth wweed fabric SF $ Boulder - 24"x 36" x 10" Approximate Size EA $ Mulch for project at 3" Depth SF $ Aluminum edging LF $ Landscape Watering LS $ Subtotal Landscape and Hardscape Materials and Installation $ General Items as % of Materials and Installation Insurance LS $ Bond (if required) LS $ MOT LS $ General Conditions LS $ - Mobilization LS $ - Contractor's Fee LS $ - Subtotal General Items $ - Grand Total Opinion of Probable Cost $ - Alternate Items Full Pavement Section (Comp Sub, 11.5" Limerock, asphalt) SY TiCRAPROlECTWRA PIAN PrCJ8dWCly Lelm NE Nh S&wNTSAdwWlnpy�iih P4*Aq_LeLC U" &wtl —Fcr nLAddmdtl 7 Boynton Beach CRA 1WNF..TACH CRA NE 4TH STREET & 1ST AVENUE PARKING LOT & STREET ENHANCEMENT PROJECT Kimley»> Noon Costs Associated with the ROW Scope QTY UNIT UNIT COST SUBTOTAL ITEM OF WORK Site Demolition and Pavino. Gradino and Drainane Materials and Installation 1-112" Type S -I Pavement SY $ Rework Limerock Base SY $ - Removal of Existing Concrete SY $ Removal of Existing Pavement SY $ - Concrete Sidewalk SY $ Pavers SY $ Type "D" Curb LF $ - Pavement Markin s/Stri ! ng LS $ Subtotal Site Demolition and Paving, Grading and Drainage Materials and Installation $ - General Items as % of Materials and Installation Insurance LS $ - Bond {if required} LS $ MOT LS $ _ General Conditions LS $ Mobilization LS $ - Contractor's Fee LS $ - Subtotal General Items $ - Grand Total of Project Costs $ - Alternate Items Removal of Existing Wood Pole 1 EA T:4CRA PROJECTMRA Parkmg ProjedACIV Lot on NE 4th SbeMTB AddendumsUTB_4th-PaM g_Lol_RoViCost Bld Breekdmw_Fonn_AddoWum 1 AB 31tla SNOI5N3a _ _ Naox-Annwxxn, ales nem xrdnmsrc� -sAr3- s3eaxm m n ��oH<�� (�I�� ---- 696U ess rmav a3aeawvmxrr nar rr a ae miss 133HS 2J3AOO tlOR1613 HOtl38 NO1NAN V140 HOV39 No LNAOG 210d 03NVd38d 1O3rOMd 1N3W3ONVHN3 1332#1S ONb `JNINNdd 3f1N3ntl 1S6 3N 8133`UiS H17 3N g O y V al ""10X5 sb nm s�o ANO z onv i oaur>o Dross rxa �t 4 G �o a p €¢d€ o Fo F F W LLI w� rr�� v! N`v a o t � co W Jr 0 Za. d N ss-a,asa�se- a�ass z $$ Q = Q " nt U D O Z W m > Q Z ~2 W W N Z } V) z — 11 azm z J QLL z J Q =;FR J° W Lu F `ti Lu LO T O wz 1 ! .I QCD N #FFi "kyw, awN H M W .'� Q Q F lot ja klw.+ -�'—W mUa tf e y rn — C) LL CD r F F.. .ti aFFF�MY FFFiAiA2atF >~O3 OF O �- 63 F • Z WQ ....-E m„ N �� zJ O ` rm- ,» i - a � U Z O 2Lu .»e' ..,.. .�:: a .. Om U � Cr) z Q • 8 W4'<<�� O W EL a dRid < U W O Lu AV< 27 �.. rcA Za j Omm U�m�o$ £yS< gs'a > to <$m a Za. d N ss-a,asa�se- a�ass w (P&"PG • _. �, G9 ww fig ads 8 ea rri'yr°r3 N S O <oam= C) 2 mss m•+xtl m� � �a y fi� b6s� ro a j r. No so: €e 09 g� 9a �s '°Zq5 a 8 s! • (--�aN.E 18f AVENUE}-�-E 1 (PoNCUNnsmEq PERRnl7 K .8 •7�y 3 ��a'" S (P.B. 1, PG 21 P.B.CRJ uO rRE � € FSt'ni ok HIM 2. �Ptl b.R, r w a9 (P -B- 1, PU C. 21. P.B.CRJ till ,fir.✓ �•_ aiao 5= e6H ;gip p$J p r8f A3a Fs^"gp°, 8. .xa xv � �! N� eBz ES•68SC ��$2�5 �T ���,d Eqd"g s€'E x. �r� I• gaP gse asr.E€� m3e �g�° m ��5 s Sgy' efr-fr �5`aJ- "'Elg fr 6p..5g= a M °!` VSs Estie 3$i '6-�°9a aEP `S5�d.Ea C �4$ ESQsC y ri FE .aw c2 5 5.az 95r_y dN a g 5 €i ° e o EAST OCEAN AVENUE Puauc R/Y! Ca Sie RV gg g �E8 F � _ ��e•�ot®app. 'i+fit¢®p.x�."==' FEyO�ii ��� �bHtl xe 31va SN01— aN - - - - � tl01801! H0V38 NOINA08 S�ftt if m B xtlNl3G bo1'31% 30155�1'JxW s oes, eBnm�E 6NiMILvrtUV p ff M e V21� "od a d3ldd 9 3 63tl1S3 tlOj 03tltld3Nd � p NNONs sr S310N Wd3N30 103MW 1NBV4B3WHN3 = - - uaoH<<(AajwrA oxn ox. Na��n soz ronv ntla 133211S ONb' `JNDILIHd 3f1N3Atl � V °o„ 0 M 'WY AMUS H14 3N e s -A � � G- pia �.o , � ��d �'s aaas ��6 ge 8 0 ao Ioa I �a ��a k0000e ag aos 65 s s Maqd s a� n� S R'a� ice€ g $ as d o g°caNw' a g a§ a o R e s =329 F $$s _ € w 9fwgg `s 111-1' o€ m �c ' m g'rgga s s deg a e a'sg�go as z ya ae �gega� o f ?a 3 ?� a g o wm ~ eta w.as s a a ag U, a s g`ag 45W a>w 3= a wa as a �g=m� a g d g=s �§€z$ m t� o0 € o �dt ac o� rrg a � affi ffs$ s a s s e €sS 4 9a a>. Is g; =3 €ea3 a$� m °°w§sao�SsSea ®g � e> mg ° = a as g �eaa5 s- a es"aw a ' 3 s gh �sa�5$ 60 & �` Saa 6 a € hep° �'�q4 uI b <a _ o gsd a� apgg gt 8 � G� > �� s € da xg �e G ag ss s 11 gaolg�°S ii � g#a: 15 a H �€ o a HIM., sg1a�° g $ a = na. .H �$ xg,a s s Ps a g � � g 5<==� � a:�igu= haw offa Ig Ysa 1 s o ®°gasmIN a�a`�=a ss a a6Wa �a _G a s ° gG`s°WA _° a�°€ sa s 3s ;a sk t . 5 c> z w 9d m$ mEg AM $s � s g <'s_ figw s' _= e C € S a ��_ Gtl= daGwa s Gg €a °€5 gaww g sg =4s a as €'wIX BB g o'�11s1 P., H Hi -R ° _ '�tss=�°gg = 3 s sag=g z eg $5 4 Il°g s e 4 °�a 'a M E -5 € a ge aat a $z €;� W o < � $ a �° a a gg s== M a g$w aso>�aas� a =g w sg € a € G € aamw o gg 5 G g: gm'a2e Milli!€a I°o a H gW_ �2a � a $ E =s a€o- a €gw€"se,55 a €�� z a a5 og, a =g s :° test° $°9= E. < =g p s o $ g an � € a > �s € w € 5c €" e � _ € €. - a5 dmg =g=� a3 g5 Was $m II H so= a s; �e =g � a a= a°<. ` a 32 a5 a � " �� as o a 9 H °z s.999 es o I• aaa° c sk> LL g�g a r a s age, ag s a w aIn sae gga€s se "" Ws c = 5` a^ v sga y g o =a e c eggs a $s1� w`zd a z g g� t _g€g ' tlycgg B g 8gg g$a$B�w� b BE�etl at" g3 IS 8 8g y BgE z:§ m� agg 5:� WHOM g§ 3�W e8 0 5e5 < €e W �$gs�gaag�s Ea3 a .. .. .. a N .. e o _ i- _ .. ., o _ ,. .. _ o . Mg a s � � o § g s g 11 A a s ;< � .€ N ;i a gs s 96 a a � �� � € �e �� o� a$� >eg$Gw gs $ a= € �g gga gy gg eg e' a< €e a =og egd i:s, Yggg cw a-ggsa��a 5� 'n a s g3 a€ a N51 e<G a^� as See g<d g a S9a as wt ag rn cgs � < � e� a a= g o s' a° € s�= � 5` � e� se �s� w g,s a s @g m �s �° gE = a° ° B° z 1H s � ��i Is tjH g o s o s es tlG gss a s §gga swa a z �$t s '<;a< � �g3 gg g�� �W ass w �� a �°� �< �sa ��5�°n w o: €g ass ata € aha �< a s s� _ €� g o m g$a s a sfl s ° y ;1 h g gos €__ €o gi g s 5 <: s s a s a -H a s o 2 a� °. a gt sg $ g° s as a ==s fl s < =6 s � $ a H se° H °sg ? asgLL 9<= it a� d ga'$g S€t qe a a $ y s €- Ga,-° 3 sa H > $s, 9 N smE ogo°1 Qs6 §W s € fn MR ate H$x11 a 4d ss `ss a oas d gag a<g i3= gig€g g® �� r s-gg € sc- $s g n @€aj ag o G =, a -a s> a<€t s- s° g g= e g pj! 8-s Ig t ss as a a;a ® Y g z € d tm g s o' a,a o _ $ ° s g �a�g z s g o _ga$t� l� 1 €�€ Inc 5 s s ag a €figs tat o$ a €.w 9 s a qa a w sg s @ e w�� w 1 w o °g5 ; as B a" g ai W g pill a g s= € ;5€ 2.1 3 s s a ° 2g 5 �5 g �_ ag a €� w°P zg; _, g� s s°g a ae s s sse a>a g€"€ gig - WO gg `s as Wa6 as $ ;o s 3 a s' a.t - g s a3 d a �_ 8 a gg s s°a o€ae5 G as gg G` !3` ; 3 S' da`33 °wa fig` im « = 5goVia; s -= 6 e, € wza>gs €g5aa z dg $€ =_ g€ ag$�� g s 3,§ y_; EEE Sys€a s o€ a a �sg� yg as€g€�a as a� =oa ag°=s .as €aha a4 a's's gs°s ..` a hJa nIR €€ N a s g s t g € °s`agtg g i a g°g gs ps€ #a a s3 E €g �a€sMs 5 �c ; s g If aS € b€ ga° g �e a s 3 a <€ s i �s ° $wga g a `s g� ssd M :n`� g g °a� Ho as �s � ��'S �- m€ � ��, age �dtgag �` g5 ° fn_$wst 5 g awg gss g mam° sa sa um ag w �; w°"� Ga $` gt sggsa_=°ga€og° ss¢03Cg so 3 s= 458 3 E�gLLtF a a IN � � 33€ �e a3a ��L? ag 3C- 'u~ q �g �5 9 g Hull <�e€' 3 �a&� g6 s ii& d $ $3=_atl 2` § 7Rg=g=tl� t aha g �- E abs 9 € 5k.' I° a f -d e F $�'g EI==- : rn Hg u i sss ;: a° _ ° ` Pg t= S' s a g$s n I' 7 �a ' ? g a € s° °c g3 s°€ s ° 100, g g x$d �`s 5= a= ,mc Asa a c� IMM fag € $=kw1111"� a$° Aga- a`s $ a =_ 0 5 g€g Rm s s€ as_ gg z=a € s z I� 6 g "it g ° as gligs. HRR 6- g a; sa$a �s wgs° °a z o s:a a g° €s age g aLL €`- a g �$ g ae a w=s § € a rn c €leas ° , 1@ o smg a� e � s 1. �3°g G° m> d=sw c� a_aae ;"s a s s g� g x gg s g ® 5$° H 11% a H 6= g SU Aim s €� °age a g r a q g w s°fa o a a t-€ $ga G 3 $ m« U g'� M 1 a_ gg a s. 5 LL ws<,w�a ff� geffo as e 5 s e° a gt g e�eg a s°; °£G g36 s•=€ a_ G== $ e$ g 5 €g s o�g MR ez gas 9 m gs -se Baa € t z es st€� a 5a't g iW5 3a aflye as 6 a§ag< ww z� baa=a w;3 3 LG '° a ffi O 8, gw6E FZ ffE =C Z ,`_ ae €Ge a 1=e`a= g=s 3 s s a guoa € =a ag o gGgs °s a g a$€ g H e°: mg> Sag=y s g pg= a a s=�o agg e aw ae a °g a g'eaga5's ='$ s<g°@g@ra a6 a igI In g -g Yosw ag€3 cs°ds ° j cc sg„g €E a3°� a �Rs1°s , _ Gag =g g ea€ °i $ gaQ As gw a >a g a wit as 0g g a g E � G=� a s LLJ sggH 5 z e w e t 5 eat e gg a s£ m s€$ � 'M HIH M 4-1 spa gz� € gSsesa to w ye a w SN014n3tl s000m ro rm xxox-.n sc axoxe s ix sexsc lso"i'su.wrmssw. a.n.1 xxeHs-.3rnessn s�o w14 �9.ION<f AWN ---- a L96£L »� NV -1d 102i1N00 NO1iViN3W1a3S 4MdNOISO213 valdc-u H3Y38 NOiMOB VldO HOV39 NOlNAOS UOJ 03UYd3dd lONONd 1N3W33NVHN3 133N1SONd`JNINNVd3f1N3nV ISL 3N 9133HIS H17 3N m O = O ; N w U „ uam NN°H9 Stl • slozL onY� i 109I£ H 9 °3"°tltl .HM 3 3�y Isla �j MM ggaa [ 3!3 �3} Ilk p IIp 4 B fill Ia. Ia. 1 = — —=------------_�--, Hy Fly II ------------------------- ' II �I JI I I IE Lu z LU 1" I II I 1 Li ( I i z it I 11 I III -h �" I ----------------------� 11 I Ir I �/---------------- b: ---- y ----I� n '' • ~-- 9y 11 1 [9)I t .a '. f5 L4� �. - Av iln L 4 e I OS'71 Zi . Il ti, g 1 tIT't• � rFCFf I f6Zl LCF! I 133a1S 41<b'3'N �— — e—_ Ll�—o--- •--- B9tt�» -- --_— ----. •—'----��ZO'£!—9Z�—•--- ---fi _ _ J 4 _—_---- ,. ---- tl°ItlQ 1� H�tl38 NO1NAa9 zsarc "" S11V13C1 1OUiNOO vIdO HJV39....... _ vsV . 11— 'o., 3�insR3n sss «xw s asst mne ssxnn msou m a nem 803 0MIM3. � O NaoHs sr . NO1iV1N3W1a3S 133roNd 1N3W3ONVHN3 :moi memo v u°sor swz onv� W V UJOH <((Aajwi)' (INV NOISOb3 133UiS ONV ON WVd 3nN3AV e09v:`: 1Sl 3N 2 133U HD'3N W K� WO Oa iRJO. 2"60 LL.tt�� H. Wap as d�a$a Yi apQ�y p WLL�2 S Illt��= Y OZOO� 2WLLU '�� n suesms° :x.�XOsr'ci-ucc'-'n°s °3�rw'm---- a 018011 HIV36 NOINAOS vii 01Mac, H0V39 NNA09 O _ ° e UOd a3avd3ad g o a3emx tl xosrr '0 s' "� NVId NOIIIlOW3a 103rONd 1N3W30NVHN3 ; ai Uj®H<�(Ad,Wr s,az ow nr° 133LI1S (INV sJNINNVd 3f1N3Atl CJ uoauc>o 1Sl 3N 913MUS H14 3N 1°31'°tld tlHN i t a � �QBRe ,oil oz Sz I I II W II I Ih a II is Wli li L I i lI m I T gal it ui- .I I �I{l R6'Z FL'ZI �J�tzaa Z 66Z f � � � 6 I I 6SZl• � — __ /�Ll 1N3x7AVd i'VHdSV—\ Ia MUS 4)V7N I' •!Z'PI •B:'P! �4% § Oc''PI• £i'it• `\ I . �� I �_ • _Y_ __•4 n _R'Ct—y__ __—�__ Az 2 9 Zt �• __ --__— j _ — _ .e.u�+a •w a 4.. ao-ay.i n www i�w. .. m wdw AB 3<tla aN05N3a ---- - p01a01i IIOVII N01mos u� wo�naox-Annin�avx VMD HOV39 NO1NA09 auo bo �3 ��vt ss�pxos s neat eaiwZ9-6fLy wwtl m m tt 1! Hausa tx mroisaa LOd 03i1tld3Nd [ 11811,yosr NaaH55tl �• NVId JNIH33NIJN3 133f'Oad 1N3W3ONVHN3 ;a V�®��(<�DIWI� sto Yanp� 133NISONVJNDRlVd3nN3AV „U ctoaufi° 19l, 3N T 133HiS H14 3N araaa VHN Iff ai b R b W F $} fill I's ail i� �� 1� ...... .. 4 H 411 dill o !1i 11c _ _�_ X11 i • i i • i ,•y�S e tln 1N?W'1tVA 1NH7Vf6 el - -_ 133111S 44V 7N -.—.—.—.—.—•?- —•——•—•—•—•—•—•t•—•—asz-.--•—• -- 89.Z• ---- — rort Lezt ------ _ -------�--.,~-------- val8o� HOV38 N01N 08 •w°°o v° n°e'xa°x- 1961, was x NVId VI10 HOY39 NO1NAO9 �, O srrcc 1 Hosvrco�3r o v� x tln9�vwz o ae marw anon nmu rc .e o3nm moi 038Vd3Md O a3B8Ya 'r x°Svr ""A0H5 sr "°u JNDIbVVY 1N3W3AVd 103roNd 1N3W30NVHN3 ;11j voz onv LIJOH«(1lLllr �•° (INV JNINJIS 133a1S4NvONINWd3nN3" „U i �ovuc>0 19L 3N 9133HIS Hlt, 3N axone r WWI o �A � g R -,, --�4 i 1.• - L T -F 1110 {. If • j, 11 { I, l 6 ,X k ---- Mar v 180 HOV39 NOM09 11° v ro L96CL VU HOV39 NO1NA09 ..n`"� N M Sl Itfl�4 03tltld31dd WOH9 SV — aaamv. y oxmr nva lO3rONd 1N3W3ONVHN3 . c6s0sOnV OlonUiSNO� 133N1S ONd JNDNVd 3fN3hV „UJ®H((QnaIWiN U LI09L4£60 1-d IST 3N'8133HiS HD'3N tlHM oilo R a�g� tI qg R i — a a R aC+ a aua— 9 0 J.: ' q i � � p a►�e� !QI 0 zo Sg rC. I b a m 4's'sY7 •"k� 'xaaaa lilt,E r 1"'vhP �6 a 3 vYbe.. vz=C:z 4 X44§p fkC 2tl6 W eiaka °a4ka III I I Y ii � m III I I j y III I I 3 3 I _ 5 '<w 0000g lid o I � w f g yk5�t� gNI ip i 12 i 7 4 q9 fila 9 1 i 'WE21 p€ x nit., Nt 6� oawqj o $ I 8 5a �$ 4 € iia Roo 12E4i m Y zz08t z w w 3 Ae 3<ra SN06N3N ---- vo MtlT tl01WOld Hov3e NOAA09 o a a x i sysz�occc'-'ac am"a cWU "" V210 HOd38 NOlNA08 g N .ate Sl Id13a a0i a3Wd3ad O N�mHs Sr 3 1'J3foUd 1NEIVOONVHN3 CO UJOH (((ARIWI mB� ° "° S`NZ "" NOIl�fl2ilSN0� v nva 133211S OM/'JNIN21Vd 3fiN3AV ams d ISI 3N I133HIS H143N rose rNN w rc `3 n e� �€ d! l E rr y@ t;w000zv xm 4 y 7a o g o�ap� "CJ y $c .a 4w www � ci w � ooQQW Z02ppZx Jill 6.1 6. � m ` Sloz/40/BOYOH0` n01a011 H0Y3a 1*1 11 VMO HO`d39 NOlNAO9 _ _ �5 MBC9�99�99� ae aaai tt �ilwari�e� auo nrrNvttrreattas3esxw os v aal a, turas 210j 03tltld3Hd = C Hxoxs sr nrs NVld 3dV3SGNVl 103roUd 1N3Vd33NVHN3 -- ujoH«< ajwi)l rld 'x'JnH 'a NrxlrNd' sloz '0nV ,/�` ma 133LI1S (INV JNIN?JHd 3f1N3nV „ J uosucro° M 3N 9133HiS H14 3N lairoad rxH YY 6� Z 5¢ y filg $y RiC na f6 B 1 ��C35. F � � � n ��• a� g; � 6 e � a s g a[ 8 Rp^ 9lip Cur gEt®� .,37 a=t ppI ate g� pE S G 3 25 1 �, y U�Q tY� RAI- aga�o�s=� 31 �a� f m d n ?$ i m$ dog 3L -u 31 �g 47 Z $ lliti a- 10,40 1 INS IF In 133HIS 41V'3'N _ S®L9999Atl1 °u VNO HOV39 NO1NA09 __ [[ V �Kri9YA0 'W431Y15 3WY 53uNN OB YYMn ExLn raDv tl o AeAa>ao5� ipj 43Wd321d 3� S-11VJ-34 3d`dOSaN`d� 103fONd 1N3W3ONHHN3 UJO (Aa�wi tlldN'H7a eH 'Q'a xy rNO swx 'anv J 3<Ya 133LI1S ONtl ONIHiib'd 3f1N3AV � 0 ` ` ° 1S6 3N B 1332f1S H14 3N i ° S€4 Be a 6 B li as �' , 1 C 8 k a 8 a 99 W 9 B ll ° .pqR a Jill o rs I` L h$ g3o�5 RIM 6 a Y r 21: M as it g1l Mill SlOi/40/80 " HO' V"I O" HOV30 Wil Oe 3a VHO HOV39 NOINA013 sc sss00000 r� nw'xaoa -ix . x � fiL�99Zl .e r vuo srra v xxar . via so M� �x _ ss�oxw s as v aOL ae mxu HCH 03bVd3Hd � rwoxs sr nx S310N 3dVOSaNVI 103POad 1N3W30NVHN3 ujoH<<(Aajwu� tll„N91tl tl'OatltlNQM soaronvm nva 133LI1S (INV 9NDINb'd 3f1N3/�tl Y. J ��o9,L,,,�£„,°n 1S6 3N V 133NIS H14 3N $a Iv p�s Ii j I sa a=�� � a IRK lig5RAS IP -411q.; 5H 111"il 1 a ;gsgaos a� "a �'=g ITS:a. aIN PIN 3�a9LLmkaa5, I!Mal 5a��4 ant a i;�a� �e an k} �=e PH i11 .91!11a9MR.-11, 1 elf l s y W�2.19 � � kk � _ qgl �jli Al sa ria ��� �e ������211 � k; $e g k a o"fie' !yql j � 1,11 at lk ti a h1hr � �� ����&�& �3p =s�����Y�m� � ���� �� a��g� �e g5 �3 3FW =���a �� � �ea; Hi age R d$ 1111131®$k A R`F 11; k f4 9 3 $$a a s 3 p1;i 1e i81 9 € 3 c � a �k 8 3 a ke NIP. PHUill �k5�� m m�@@ k is e' a �� p T ali I en 3 of 3` ��as�3 '° 11 e= � � 'n ifl , ii PIT H � ISI 3sm W� SSBpr, a Sa e e f� a� � § � � 1 .10 p;% gwR � k IF SNI� ks g N H 4 all EliaaI�Eja� g1� $$$$g @@@X31 �r-p RUg E C:k k�33Byg Air �8}4� gs88k89 1 IRPill 12�1PIP I 0V '5 lip 6R. gpk gg9 a �g i g pgpgpg �. gg Y�kd � �gg9�tl€� i f a E INNg iF �€ p INS, g s 9f�a ATTACHMENT III ITB Response Rosso Site Development, Inc. 'JOIN'' ACS N. The Boynton Beach Commuri ty Redevelopment Agency (BBCRA) is soliciting sealed bids for the project listed below. The BBCRA will a=pt sealed bids for the project listed below at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE September 30, 2015 at 3:00 p.m. Eastern Standard "tints. All Bids not recelved prior to the date and time set foirth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRXs Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications mush be obtained from either 1) the BBCRA website at WM.cgfthbo t n.comL or 2) available on disc at the Boynton Beach CRA office. The BBCRA will only accept bids submitted by licensed General 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. Among the factors that will be considered in determining whether a bidder is a responsible bidder for purposes of this project are: 1. They do not hold the requisite iicense(s) to apply for and obtain permits required for the work, and 2. They have not completed three (3; or ", re simliar or related enhancement projects for a public entity or private aector develope.• tinthlr' the past thirty-six (36) months. 3. They have been a party to litigation or arh;trati W -n arisings from a project for a public entity within the pass thlr%'-six ( "�316) °'iiri'ntils. 4. They ars not able to provide p:caf of gbilit to obtain,a brand to secure completion of the project. 5. They have not attended the maneaton pre-bid conference listed in 1.2 below. 6. They have paid fl uldated damages to a public entity for a public project that was delayed more than ten (10) days; wit;i , the pass, thirty-six (36) months. 7. They were the contractor on a Public oDnstruct or+ project that incurred cost over -runts in excess of ten percent (10%) of the amount of their bid amount, within the past thirty-six (36) months. For purposes of this Invitation td . Bid; the varn,: * Comr-Actor" refers to the successful Bidder except where context indicates anoldher meaning. IN1+'lTATIO i4 to -131D I Boynton Beech CRA Ne 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT ;ssti paten X".Agust 27, 2016 Subrn�ssion De rti �� : Sepfembtr 30� 2'0i5, 3:00prn Mandatory Pre -Bid Meeting. Scptem;ior 3, 2015 at 3.00Pm (to behold at Project site) Bids SII be publicly ope,to d anc r vqy*': 5-eptambot 30.. 2016 at 3:16 Ann Pid4�&Iiai"Amk�LoCi7i�ia3a911&� ':•�^�;•' All bidders roust attend the Pre -Bio Meeting in order to be qualified to submit a Bid. The purpose of the Pre -Bid Meeting is to provide prospective bidders the opportunity to perform a site inspection, submit written questions, and receive information on site issues. Failure of a Bidder or Bidder's representative to attend the conference shall result in disqualification. 1.3 Project Delivery The construction is anticipated to be completed no longer than 120 days from the issuance of the Notice to Proceed (NTP). 1.4 Type of Contract Any contract awarded from this ITB will be negotiated with the successful Bidder and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. If a contract is not executed by the parties and approved by the BBCRA for any reason within 30 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 worts of this Project vAll fall under the direction and management of the BBCRA or its designated representative or agant. 1.6 Contacts A. Questions regarding the Construction & Design documents shall be directed, In writing or via email, to: Kirrsley-Horn and Associates Attn: Jason Webber, P.E. 1 H90 S. Congress Avenue, Suite 100 Delray Beach, FI.. 33445 Office., (561) 404-7250 Email: jason.webber@kimley-iors.com With a copy to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 604-9091 Email: simvnm abbti.us B. Questions regarding this ITB & Overall Project shall be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 800-9091 Email: irnonht bkfi.us WE 44 8r it 1' PaMooLot =054"194 Page 4 of 25 Written responses to all written questions submitted shall be maintained in the BBCRA ITB 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 3:00 pm, September 30, 2015. It is the responsibility of the Bidder to ensure 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. 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, one (1) bound original of the Bid and one unbound (1) clipped copy of the bid must be submitted. In addition, one (1) digital copy of the Bid in PDF format on CD/DVD or thumb drive 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 the Invitation to Bid Boynton Beach CRA NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issue Date: August 27, 2015 Submission Deadline: September 30, 2015, 3:00pm 1.10 Selection Criteria The BBCRA will award the contract to the most responsive and responsible Bidder whose Bid Is determined to be the most advantageous to the BBCRA as determined by the BBCRA in its sole discretion, pursuant to its analysis of the submitted Bids. The BBCRNs analysis will be based on the criteria contained in this ITB. The CRA will only consider Bidders and Bids that are determined to be responsible and responsive pursuant to the criteria contained in this ITB. 1.11 Public InformationlPublle 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 State Statutes.' 1.12 C[aritications and Interpretations 1.12.1 Answers to Questions Bidders are required to restrict all centact and questions regarding this INVITATION TO BID to the named individual(s) listed In 1.6. Contests. All such requests must be submitted in writing or via email, no later than 6:00 pm, NE0Starr+ erreouwis-, Page 5 of 25 Monday, September 14, 2016. Answers to questions will be provided no later than 5:00 pm, Friday, September 18, 2015. 12.2 Qlarificagons or In retaiions Any clarifications or interpretations of this ITB that materially affect or change its requirements will be issued by the BBCRA or its representative as an addendum. Al such addenda issued by the BBCRA before the Bids are due are part of the ITB, 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 At%chment "B" Addenda Acknowledgement It is the responsibility of all Bidders to obtain, review and respond any and all addenda issued. 1. 12.3 Mderid Bidders shalt consider only those clarifications and interpretations that the BBCRA issues by addenda at least; five (5) 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. 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 CRA Board and Staff are prohibited from communicating directly or indirectly with Bidders regarding the substance of the Bid submittals until such time as the CRA 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. In accordance with § 287.057(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch conceming any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Vloiation of this provision may be grounds for rejecting a Bid response. I A 3 Obligations of Parries 1.13.1 Assumed Reiuirernenfis 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 SBCRA 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. most aawft*bWWrrao 4"39.1 Nage 6 of 25 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 efforta to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1. 13.3 ReiM§grsem2Ot The BBCRA will not provide compensation to Bidder for any expenses incurred in preparing or submitting this Bid or for any presentations made. 1. 13.4 Award of Contract The SBCRA makes no guarantee that an award will be made as a result of this ITB, 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 ITB or resulting contract when deemed to be in the BBCRNs best interest Representations made within the Bid response will be bin__ dincLon Bidder. 1.14 Completeness of Bid 1.141 Comgiftness Bldder(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. 14.2 Conditional Ci uses Bids that are qualified with conditional clauses, alterations, items not called for in the ITB documents, or irregularitles.of any kind, are subject to disqualification at the sole discretion of the BSCRA. 1. 14.3 Compliance Failure to comply with the requirements contained in the ITB request may cause rejection of the Bid. " .14.4 Reiectian Bids submitted after the Submittal Deadline will be rejected and returned unopened. 1.15 Withdrawal or Modification A Bid may be withdrawn and resubmitted any time prior to the Submittal headline. 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 written request stating reasons for withdrawing the bid. 1.16 Ownership of Bids Bids and any other information submitted by Bidder(s) shall become the properly of the BBCRA; however, the BBCRA may return all other Bid information, upon written NE 0 St & 1" pfirku*Lct ITBM aais_i Page 7 of 25 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 BBCRA is provided. 1.17 Validity Period Bids are to be valid for the BBCRXs 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 Iffe of any Contracts resulting from this selection process. 7.18 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 "E" Bidder(s) Acknowledge and Compliance Cer6 icate, 1.19 Tentative Schedule of Actions 1.19.1 Release of Request for Bid 1.19.2 Mandatory Pre -Bid meeting 1.19.3 Bid Submittal Deadline 1. 19.4 Public Bid Opening 1.19.5 BBCRA Board Presentation 1. 19.6 Anticipated Construction NTP August 27, 2015 September 3, 2015, 3:00pm, at Project site September 30, 2015, 3:00pm September 30, 2015 at 3:15pm October 13, 2015, 6.30prn November 16, 2015 1.20 Execution of Agreement 1.20.1 r Qf C Upon selection of the successful Bidder(s) by the Board of Me B8CRA, the BSCRA will extend to said Bidders) 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 Bidder in its Bid and accepted by BBCRA in negabations. 1.20.2 BSCMs Right to WithdM, In the event the successful Bidder(s) falls to return an executed contract within 60 days of the Award of laid, the BSCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). 1,21 Bid Format 1.21.1 Additional Inforr0 to ion Except for alternate methods or pricing, additional attachments shall not be included in the Bid. wo a,& i` Pz*w"n Q54NaI-i Page 8 of 23 1.22 Public Entity Crimes 1.22.1 Lgqal Reaulrements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will In no way be a cause for relief from responsibility. 1.22.2 PUblic Entity Prime All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for bids as defined by Section 287.012(18); Florida, Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "!P' Po6lfc Entity Crimes Statement 1.23 Bond Requirements 1,23.1 In accordance with the provisions of Section 258.05, 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 fbr 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 Bonde 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 required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond a certified copy of their Power of Attomey to sign said bonds. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Dimctlons M 4# a & I' PRWOLM MW54418.1 Page 9 of 25 2.2 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. Bidder(s)'s Location and Registration Name` Rosso Ske Development, Inc. Street Address: 1302 S J Street Mailing Address: 1302 S J Street City, Siete, Zip: Lake Worth, FL 33460 Telephone No.: 561-689-0889 Fax No: 561-689-2851 Email Address of Contact Person: bslmpson@mwositedevelopment.com Federal Identification No.: 45.4460836 State of Incorporation & Registration No.: If not a corporation, explain your status: FL - P12000012228 N/A 2.3 Bidder(s)'s History 2.3.1 Sldder(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 organization and management efforts. Q0 2.3.2 Age of Organization 3+ years In continuous business since: 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization vrith titres and addresses. If a publically held company list Chairman of the Board, CEO, and President.'auc rv-6 2.3.4 Failure to Complete or Default List each project your organiz4on has, on an awarded contrac k.within the past thirty-six (36) months, defaulted or failed to complete and the reasons why, along with any additional relevant Information. Nc"jr, KBO El A 10 PEIWM nVX6W13-1 Page 30 of 25 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, within the past thirty-six (36) months, paid Hquidated damages, the reasons why, the amount of the damages paid, the length of delay involved (if any), and any additional relevant information. pR+t.r:.h.C13 2.3.6 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. lacrj� 2.3.7 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. pia used 2.4 Organization and Project Personnel Qualifications 2.4.1 anizatlo - u nrviOn-Site Provide a list of names of individuals who will perform the on-site functions of Project Management & Supervision during the Project's duration. It is expected that a Project Manager or Project Supervisor will be on site during any work performed during the term of the project. 2.5 Relevant Construction & Project Experience Relevant experience of projects In which Bidder(s) performed General Contracting Firm services as ouffined in this ITB are to be listed in the table shown In Attachment "F" Statement of Relevant Consf etfon Eoerience. 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 ITR. For each project listed In this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Quality Control Program Provide a complete quality controi program ;which will become a compliance document upon award of a Construction Phase Contact. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis, corrective action, and interface with building inspectors,, owners, and consultants. 2.7 Schedule Achievement Program Provide a "Gantt style" time schedule for completion of the Project and describe what techniques are planned to ensure that the schedule will be met. NE as 9 & T' PWXMJ1a 1TWW"41&[ Page 11 Af 25 2.8 Subcontractors If a Bidder subcontracts any portion of the Project Tor any reason, the Bidder must state the name and address of the Licensed Subcontractor and the name of the persons) to be contracted on the enclosed "Schedule of Subcontractors," Attachment "Q" Schedule of Subcontractors. 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, who, in the opinion of BBCRA, will be In the bW. interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a Bid of any Bidder(s) if the Sid 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 property 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 Constriction Services Contract, they shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the Project. 2.9 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 "P' Drug Free Workpiace CerMcation. Failure to include an executed certification may cause the bid to be considered non-responsive. 2.10 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. 2.111 Insurance Requirements Bidder(s) shall provide copies of the -firm's Genera,' Liability and Workers' Compensation Insurance Certificates with their Bid. 2.12 Bonding Capacity Bidders(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 IIated Casts The Bid costs shall be provided in the format shown in Attachment "D" Bid Cosf Acknowiedgement Foran along with a breakdown of costs for the project scope the Bldder(s) will responsible for undertaking to complete the Project as per the construction documents for categories and subcategories as listed in Attachment "C" Bid Cost Breakdown form. If there are any additional line item(s) that the Bidder would like to include that are not included in Attachment "C" Bid Cost Breakdown Form, the Bidder shat/ request the line item(s) be added in accordance with Section 1. 12. N5,0 61,t 16 PMk6"rfSM4"1S-1 TIP -so 12.6f 245 The scope of the Bldder(s)'s work consists of the totality of the successful Bidder(s)'s Construction Firm's duties and obligations under the ITB, including all Attachments and Addenda, and any resulting contract. 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 bld and awarded at the BBCRA's sole discretion. 3.3 Permit Fees The BBCRA has pre -paid for the pian review and construction permit fees associated with the overall Project as of the date of Issuance of the RFP. The BBCRA will pay the City of Boynton Beach directly for any additional permit fees or associated with the completion of the Demolition Phase Project acid shown on Attachment "C" Bid Cost Breakdown as an Allowance, excluding arty fees or costs incurred by the Bidder as a result of deficiencies in performance 'or oversights in construction management practices. ceB ad 91 & t• P34in ► a frRDMsasa-1 f'ase 13 of 25 2.3.131dder(s)'s ownership Status No 2.3.3 Leadership Joseph A. Rosso ii, President Joseph A. Rosso Ili, dice President Blair R. Simpson, Secretary/ Treasurer 2.3.4 Failure to Complete or Default None 2.3.5 Liquidated Damages Congress and Hypoluxo - $1532.00 --1 day -- Concrete subcontractor did not finish punchlist Items on time. 2.3.6 Legal Actions None 2.3.7 See attached qualification Information 2.4 organization and Project Personnel Qualifications Project Supervisor: Joe Rosso ii Project Manager. ' Blair Simpson/Joe Rosso III/Robert McIntosh 2.5 Relevant Construction & project Experience Attached 2.6 fiLuality Control Program Attached 2.7 Schedule Attached 1302 S J Street p. (561)688-0889 www.RossoSiteDevelopment.cam Lake worth, FL 33460 f. (561) 689-2851 CGC1520819 / RU11066614 2.8 Subcontractors See Attachment G if selected to enter into a Construction Services Contract, we shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the Project 2.9 Drug Free Workplace Certification See Attachment I 2.10 Licenses Attached 2.11 insurance Requirements Attached 2.12 Bonding Capacity Sere attached letter 3.2 Self -Perform 1. MOT 2. Clearing & Grubbing 3. Earthwork 4, 8asemck 5. Asphalt 6. Concrete Preparation Work 7. Miscellaneous Grading 1302 S J Street P. (561)689-0889 www.RossoS!teDevelopment.com Lake Worth, FL 33460 f. (561) 6892551 CGC1520819 / RU11066614 MQtad `N Site oevelopment Cluaiificativns of Bidders, Rosso Site Development, Inc. Is a heavy civil general contractor located 1n Labe Worth, Florida. We self-perh m clearing and grubbing, ei=vatlon and embankment, subgrade, toad base, asphalt paving, concrete paving, and minor storm water drainage. Rosso Site development, Inc., founded by Joe Rosso ii, is a family owned and operated business that provides construction services to a broad range of clients, both puWic and private. We work primarily in the areas of site development, highway and road construction and pride ourselves as being one of the leading construction companies in Palm Beach County. RSD has successfully completed projects on both the city and county level as well as privately, leaving behind a reputation of quality and value. RSD Is a licensed Certified General Contractor, Registered Underground Utility and Excavation Contractor and we have a full time Professional Engineer on staff ikensed In the State of Florida and the State of North Carolina. The Rosso Family brings over 40 years of combined construction experience and we take pride,.In the principles that have led to success — responding to clients' needs, maintaining a strong work ethic and staying abreast to the cutting edge In construction technologies and methods. F11gi. lA!tlR HIST _P_ .. Project Dame: NW is Ct Sidewalk improvements contract Amt: $115,949.36 compiadon Hate: 10/28/13 Owner: City of Bow Raton 201 W. Palmetto Paris ltd Flocs Raton, FL 33433 (561) 416.3402 Tony Puerta, Chief of Design ProJW Names. Belvedere & Haverhill Intersection Improvemerrts Contract Amt: $233,887.41 eDmpleftn Data: November 11, 2013 Owner: Palm Beach County 2300 N. Jog rd West Palm Beach, FL33411 (551) 6944IN John Kopelakis, Chief Construction Coordinator ill Vassar Drive p. (561)689-0889 www.RossoSIteDevelopment.com Lake Worth, FL 33460 # (561) 689-2851 CGC1520819 / RU11056614 Project Name: Palm Beach Fjector Stations Contract Amt: $545,50057 Completion Date: November 25, 2013 Owner. Town of Palm Beach Murray Logan Construction 323 6S* Trail N West Palm Beach, FL 33413 (561) 586-3M8 Kurt Kapsos Project Name: Lynn Way Improvements Contract Amt: $330,101.26 Completion Date: 4/9/14 Owner: City of Lake Worth 17493 Id Ave 5 Lake worth, FL 33460 (561)586-1720 Felipe Lafaso, Assistant Director of Public SerAces Project Name: Lift Station 7 Fortemain Contract Amt: $50,871.35 Completion Daft. January 21, 2014 Owner: City of Lake Worth 17493 td Ave 5 Lake Worth, FL 33450 (561) 586-1770 Feilpe iofaso, Assistant Director of Public Services Project Nsaw, Canton Rd Paving & Drainage Improvements Contract Amt: $163,994.12 Completion pater March 5',j014 Owner. Palm Beach County 2300 N. Jog rd West Palm Beach, Fl. 3S411 (561) 684.4180 John liopelskis, Chief Construction Coordinator Project Nanne: Tidal Wave Industrial Park Contract Amt: $737,647.06 Completion Date: March 11, 2014 Owmsr. Tidal Wave Development Corp 1560 NW 196" Avenue Pompano Beach, FL 33069 (954) 553-1488 Bill Johnson, Owner 111. Vassar Drive P. (561)699-0889 vwvw.Rosso5iteDevelopment.com Lake Worth, FL 33460 f.1561) 689-2851 CGC1520919I RUL1066614 Project Name: Congress Ave, Hypoiuxo Rd to Donnelly Drive Contract Amt: $1,231,538.15 Completion Date: August 20, 2014 Owner. Palm Beach County 2300 N. Jog rd West Palm Beach, FL 33411 1561)654-4180 John liopelakis, Chief Construction Coordinator Project Name: NE eAve Si NE I" St & Sidewalk Connector Contract Amts $510,435.24 Completion Dote: September 2014 Owner: Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy Boynton Beech, FL 33435 (561) 600"9091 Michael Simon, Assistant Director Project Name., Forget Me Not Farms Contract Amt: $671,880.44 Completion Date: January 2015 GIG: Castle Florida Building Corp 150 N. Swinton Avenue, Ste 100 Delray Beach, FL 33444 Project Nannie: W. 37* Street Improvements Contract Amt; $343,407.71 Comple ion Date: Nowmber 2014 Owner: City of Riviera Beach 2391 Ave L . .-- . __....... -.--- Riviera Beach., FL 33404 (561) 845-3472 Terrence Bailey, City Engineer Project Mame: le Ave South Roadway Improvements Project Contract Amt: $243,616,33 Completion Date: January 2015 Owner. pity of Lake Wath 1149 3'd Ave S Lake Worth, FL 33460 (361) 586-1720 Felipe Lafeso, Assistant Director of Public Services Project Name: 70 Street Square Contract Amt: $615,531.32 Expected Completion pate: March 2014 owner: City of West Palm Beach 401 Clematis St, 0 Fir West Palm Beach, FL 334061 (561) 494-1120 Tracy Ward, Project Engineer 111 Vassar Drive p. (561)689-0889 ww w.RossoSlteOevelopment,cam Lake Worth, FL 33460 f. (561) 689-2851 CGC1520819 / RU11066614 Project Marne: N. County Landfill Customer Convenience Drop-off Center Comract Atnt; $629499.69 Expected Completion Data: April 2015 Owner; Solid Waste Authority of Palm Beach County 7501 North Jog Rd West palm Beach, FL 33412 (361) 6404000 0111GOING PRAJECTS Project Name: C23 Multiuse Path and Bridle Trail Contract Amt: $575,000.00 Expected Completion Date: June 2015 Owner. Village of Wellington 12300 Forest Hill Blvd Wellington, Fl. 33414 (561) 791.4052 Johnathan Refnsvold, Project Engineer Project Name: Historic Jupiter — Indiantown Trail Contract Amt: $498,037.80 Expected Completion Date: June 2015 Owner. Palm Beach County 2300 N. Jog Rd West Palm Beach, FL 3341.1 (561)684-4180 Steve O'Neil, Chief Construction Coordinator Projekt Name: Grarnercy Park Contract Ant $690,929.02 Expected CQ1P I.ORMIMMA ne_Z035 Owner: Palm Beach County— Facilities 2633 Vista Parkway West Palm Beach, FL 33411 (561) 233 -MM Dave Dolan, Project Manager Project Name: Burns & Military Contract Amt: $1,336,246.21 Expected Completion Date: August 2015 owner: Palm Beach County 2300 N. Jog Rd West Palm Beach, FL 33411 (561) 684-4180 Steve O'Neil, Chief Construction Coordinator Project Name: South Shore Phase III Contract Amt: $1,882,295.54 Expected Completion Date: November 2015 owner. Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 (56:1) 7914052 Johnathan Reinsvold, Project Engineer 111 Vassar Drive P. (561)689-0883 www.ftossoSfteDevelopment.com Lake Worth, FL 33460 f. (561) 689-2851 CGC152D819 / RU11066614 EXPERIENCE See attached Resumes & Matters of Recommendation STAFF RESOURCES Field Employees including but not halted to laborers, operators, etc. Foreman Superintendent Project Manager Estimator Professional Engineer Administrative Staff Support LICENSES See attached licenses DETAILS OF QUALIFICATIONS see attached resumes CURRENT CLIENT REFERENCES Felipe Lofaso Assistant Director of Public Services City of Lake Worth 17493 rd Ave South Lane Worth, FL (561) 586-1720 flnfaseislakeworth.om John Chandler co6struetrcn Manager Solid Waste Authority Engineer Representative CDM Smith 6365 NW 61 Way Pt. Lauderdale, FL 33309 (954) 776-1731 chandleris2Sd=-mnith.corn Steve O'Neil Chief Construction Coordination Palm Beach County Construction Coordination 23W N. Jog Rd WPB, FL33411 (561) 6$44180 sonei[ , Qbatov,olt ADDMONAL REFERENCES John IK,opelakis Chief Construction Coordination Palm Beach County Construction Coordination 2300 N. Jog Rd WPB, FL 33411 (561) 684.4160 ikooelakD oixeov.ore 111 Vassar Drive Q. (561)689-0889 www.RossoSfteDevelopmerit.com Lake Worth, FL 53460 f. (561) 589-2851 CGC1520819 f RU11066614 Cindy Portnoy, P.E. Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, FL (561) 471-7452 Sowinga abla.or�€ Terrence Salley City Engineer City of Riviera Beach X91 Ave L Riviera Beach, FL (561) 840-48455 jbglfMarlvlfflbFh SUMMARY OF UTICATION None 7045 GMC Sierra 2003 Ford F250 2007 GMC Sierra 2006 Infinity 4X56 2004 GMC Sierra 25WHD 2008 Ford F350. 2014 Dodge Ram 2500 2004 GMC Top Kick bump Truck 2000 GMC Service Truck 1999 GMC Top Kick Water Truck 19861nterstate Trailer 1997 Caterpillar 4360 Backhoe 2006 John Deere 650J Bulldozer Royal 80 Grader EQUIPMENT OWN® 1995 Caterpillar 12H Grader 2006 Komatsu WA-200SLY Leader Volvo 1,60E Loader Bornag MPH100 Mixer Lee Boy Elite 8500 Paver 1988 Dynapac Steel Wheel Roller 2002 Dynapac Vibratory Roller 2006 Ingersoll Rand Roller Mauldin MT500 Tack Wagon Ford New Holland 3930 Tractor Ford New Holland 3930 Tractor 2003 Kobelca Excavator Magnum MWT Water Wagon 111 Vassar Drive P. (561)689-0889 www,RossoSIteDevelopment.com Lake Worth, FL 33460 f. (561) 689-2851 CGC1520819 / RU11066614 STATE OF FLOF104A o�E � SINgSS AND EWONAL REGULA't MN CONSTRUCTION INDUSTRY LICENSI NG' e��Q -(850)487-1395 1 NORTH �t� FET tAL AMASSEE. FL 32399-0793 RDFiIN1'�-1i. WLC m 1�, FLOW MWA of r11 OW ym Wdo busku" in io. ilYiW ' • it YM` �dfifb VETH HME •"i'.. .�., +G-�- �'� .. �.•+�j�}'y4'y'a'�k�'.:�V+�'li -.ri ,;Yi7�:r3'�E#-k'•. sS:^ 'ti ,7 AAML 61 �`5y,..^ya4::'etvS� y r :�x"3;'N,'.'�.•rv.:�,.*L+l�q;.w'iEudi�R�ei4���.-6.'. ... r �. i'" s. ,'�'s"i: �♦ � i� T'§u'�`4K •,�'�S' �'t '4'�.,n���g�'�f r *30•.!��. Y 4 }_� y .. . _ s �+ I• r n � -1 F • . _ �y �l�'!,� _ u'�'"^- 'J' : rRy'�'f 4i6'", ,y `"'/jjy�r ri �y,,.�� ` ti r � f '{i 's h-2, y 4,01 A .. N 'd *$'W ft N 4W Owl ems• = fftAdw ftkw- +rs. larlalftYOM OFFMA-Mr� ,Nw ieL7R • ay. ika ,c ` i �aie ij Yx jrT y •{ h k 3 y k ..k r�ji �� fyr• i'k��.: 1_7 DISPLAY AS REQtilR•ED OY LMN 3 ►. �_.. .17 d1gGL a., ;> Y..:,..isY^X.s:::.'k7P1w�1�`"�'�.��';1+n3:.'�i�A.R i71a6+'h'D'Lw�: "'► ,Nw ieL7R • ay. ika ,c ` i �aie ij Yx jrT y •{ h k 3 y k ..k r�ji �� fyr• i'k��.: 1_7 DISPLAY AS REQtilR•ED OY LMN jooqb Av&onyRooa I AWt4RTUt FL 33460 Sta Is Ucmscd n a Pwi IMN2Ot1 Audk Nm ZMM17:3 WTICE �Yelm If "Kadmof fimtobnxof Amd pawn ad fmfojomof Plt� I s , c X28, M15 �a Gx •.rn...�-• IiM.W....r.-..-......-r4•�+rr A•wf+..4.Mw rH:.L�4^ ��. �a-�. �'-n++•. IMPORTANTI , THIS IS YOUR CERTIFICATE OF COMPETENCY PALM BEACH COUNTY, FLORIDA ammmTw rrm COME= rm UVE N caw a i Aow alm Ismik hlV P# i SMIGh. F. 234ONM wmgmm4m Ut OMM4984 Rosso ale ofivaLowwr *0 bi INC 1209. 8 1SLAKE e'��t1� FL WW 11ll41llIA11111H[lilt "L,0"70 Ar* s��o�/9�� J S' 7s' PALM saw CWWY 26MM6 Lam. WJMNM TAX RWAW Uff.R NUIMWr. EXPIRM SER 20, Tft moon gmm V* P of wW4ng in at -CR daft .d �' 1fl 98�0�1� awl' 464,0 Co 4kkll�AIp1YIR4014p: My -of Lake War9b Stainew Worm Division a 1 Me 4ad AwmptwNorth kL , .01 - o.� oil Lgkm VYbdh, RoOda 33OI k City of Lake Worth Business License 2015 m 2016 ROMO MTE DEVMOPMM NC 1302 8 J ST LAKE WORTH-FL33460 'tear BusOmm Ownw., Y0ttr'pMfi0W3Wn to tM VantinUed orawth & v'. 2w of the City of Lake Wonhis apprWood. to accordmr4a with Sklion 1442, the dommem below mfiat be pa.ed in ;i 4ous pim on *8 prerWt" of ywr basin , .if sionme is mqukad, p4aft cw&wt the 08PAMPOM for CanvaAfflftv S;astpIn*b!JftyAkt*mss Uaem DivWm by teleohme at (Oil IS47 or VWtthe City of Lake WWW*vvebeft at WmMakeworftorg. Tbank ybu. � MACH TI&DOCUMW BELOW AND POST CGhSMUOUSLY AT'YOUS PLAM OF SUSMESS 4 15 , 20r.,ff City of "ke W*Kh Business License 201. -116 49 BuMmmium OW170 9VIMSM mm MUP"" WSW): Sm D,plvg*"Kw IWC Ia 74 r i I IMO46f169 10 INSP COBM UNDER 250 SWT2400 SQ FT �Opnpl- City of k Worth Business Lidense Dlvdsilon 1900 2nd Avenue North , LAke Vilafth, Fkm,'de 33461 wroft 3m .2010 Joseph As Baso 11 111 Vassar mvve�a Low Worth, FL 33460+x• 561 689-NO99 I :-COINSTSVOW 100 Construction manager with a 28 -year record of suc ems overseeing all phases of multimillion -dollar 4 construction projects for government and private -sector clients. Experience Includes managing crews of up to 30 In highway, bridge, potable water, wastewater, concrete slab and a variety of ober construction/demoiltion projects. Backed by strong credentials and a proven history of on-time, on -budget and high-quallty project completions. — Ccarrstrucdt wDernolition Projects OSHA CertlPled — Budgeting & Cost Con#rots — infrastrud are improvement Projects MOT CertlPled --- B1dd1ng/CstimatUVPrwxW15 — High Sa M'Y Can&Metion -- Change order Management -- subeonbadorlOrw SUpervlsion eneen pAVINr: a pgArNAAF_ INC — Owner / Estimator / Prosect Mnnagar- 6119114 to 212012 ~Self Employed, Working on all estimating and field related activities associated with projects ranging In size from $500 to $5 million, Prefect 11011111113 Work consisted of two gale taxiway construction projects. These projects Included but ware not limited to clearing and grubbing, ew-thwork (+/-10t},i D cy), asphalt (+/-14,00atons), storm w ar drairiage,•and the . . demolition of a radar tower (+/- 60 It tail). These predects ware Ina high security arm, as they were bested f adjacent to active runways in an International eirporL go Proms Manager for the reeonstrudion of the wharf located between slips 2 and 3 at the Port of Palm Beach. The project demolition consisted of over 12,000 sy of asphalt and concrete, s building slab, and s water quality LL drainage pit and structure- The reconstruction of the slip entailed a 7,200 square yard concrete slab and 5,500 1 . ` square yards of asphalt. The concrete slab was constructed per design to be 15" thick with a double that of #4 rebar 12" on center. The concrete was of a special mix design which required the importing of granite stone to complete the project per the owner's request. ' ,} t. . i .. -F".. , K � v . Proect Manager for the construction of Lyons Road bet+"an Boynton Beach Blvd and Atlantic Avenue. The work consisted of 3 miles of new 2 lane roadway 32' wide. The roadway crossed 5 Lake Worth Drainage (District Canals, 4 of which required a 65x10' precast rectangular box and the last we built a 7V Icing bridge. Edacetlee IL eeffliceffleee UN311ERSrrY OFTENNESSEE (Knoxville, TN) — BA in Palleyd Science. 1984 OSHA Certified MOT CeftMed �.i,..>� rl Ld Joseph L Besse III, FL coc — III Vassar Drive a Lake Worth, FL 33450 a 0§1)689-0689 Construction manager with an 1,1 year record of success overseeing all phases of muiilmlllion-dollar construction projects for government and private -sector clients. Bcperlence Includes managing crews of up to 30 In highway, bridge, potable water, wastewater, concrete slab and a variety of other construction/demolltion projects. Sacked by strong credentials and a proven history of on -'time, on -budget and high-quality project completions. K0i Skill$ — CanstrucdoWDemollklon Projects -- lkenseod PE (NC and f1} — Budgetfng & Cost Cbntrals — Infrastructure irrrproverrent PrOact s — MOT Certflped — Bldd1ng1Wmating1Praposa1s — High Sw urity Construcbbn — Change Order Management — Subcontractor/Crew Suparulslon Employer Summary ROSSO SITE DEVEELQPMENT, INC — Vlee PresIdaft, ZtZQIZti11AMMt Worked on estimating and field related activities associated with projects ranging in size from $5,000 to $5 million, NA — r Worked on estimating and field related activities associated with projects ranging In size from $500 to $5 million. CIVIL DESIGN CONCEPTS — Pr+nfccr final mw. 2006 to 2009 Worked under a professional engineer. Managed a team of 4 overseeing all design and permitting for projects ranging up to $100 million. iare "i 1111pilppts Work coristswd of twm Separate texlway Construction prgJ6c. Thift ,projects included but ve0w not nmit6E to hearing and grubbing, earthwork (+1- 100,040 cy), as'phaft (+1-14,000 tons), stream water drainage, and the -demalition of a radar tower 1+l• Gtr it t;;11), These projects were in a (high security area, es th" were located mijarent to active runways In an Intematicnat airport. project Manager for the reconstruction of the wharf located between slips 2 and 3 at the Port of Maim Beads, The project demolition consisted of over 12,000 sy of asphalt and concrete, a building slab, and a water quality drainage pit and structure. The reconstruction of the slip entailed a 7,200 square yard concrete slab and 5,500 square yards of asphalt:. The concrete slab was constructed per design to be 15" thick with a double mat of #4 rebar 12' on center. The concrete was of a special mix design which required the Importing of granite stone to complete the project per the owner'srequest. Project Manager for the construction of Lyons Road between Boynton Beach Blvd and Atlantic Avenue. The work consisted of 3 miles of new 2 lane roadway 32' wide. The roadway crossed 5 Lake Worth Drainage District Canals, 4 of which required a 6'x10' precast rectangular box and the last we built a 70' long bridge. Praject Engineer on first LEEP Platinum project in America. Education a GertMeAtIons A FLORIDA STATE UNIVERSITY (Tallahassee, FL) — BS In E1141 Enalnewrina_ 3004 License Professional Engineer Florida (active) and North Carolina (inactive) Certified General Contractor -- Florida (active) MOT Certified ROSS102 OP ID: AC CERTIFICATE OF LIA131U "Y INSURANCE P`��' 11rza>2ai4 THIS CERTIFICATE IS )$SUED AS A IrIATRER OF INFORMATION ONLY ANIS CONFERS NO RIGHTS RIPON THE CE1R nFICATE HOLOM TWO CERTIFICATE DOIZ NOT AFFIRMATIVELY OR NWATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is on ADDITIONAL INSURED, the policy(las) must be endorsed. If SUMMON IS WAIVED, SU13161-t to the terms and Icoridltions of the policy, certain Policies may require an endorsoment. A statement on this cor Iftaia aloes not confar rights to the MDUCER ti1�rai Insurence Agency rp st 021dand Paris Ovd. Attn: Blair Simpson 71'I Vassar Drive Lake Worth, FL 334460 Lawrence T $rSURE it;Wasco Ins s: Knl9htBmi C;Trmltelers >r r: 1 L M16 63 LV k rmi Lri [nn� ins rwc.n.,�.a vi INDICATED. N01WITHSTANDWC ANY REi�tlIREA1ENT, TE- OR CdNDIFiCN OF ANY CONTRACT OR OTHER 000 ENT WRH RESPECT TO WHiCIi THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUrAES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. Limrrs SH&NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYRE OF POLICY I+ MKR Lmin3 X ICC,-MURC[AL. SEiOM LIABLITY eA�xi OCCURRENCE S 1 �a '" D_� CLAIMBMADE OCCUR PP112463202 ? 111081x014 11m0811€D15 ce s ---- - 1�,fl i w.ersx-(mrone pomwi Is i4A GE.Y'L AGGREGATE I.LMIT APPLIES PER I PRODLCi9- CGMP/O� Ai3G L _ FRO, F LOC I �I I POUCY y I OTHFM —d antsS 1 1AUTOMOML.EUAGUTY EL LY rl JUPY fear Pusan} S I i T ANY AUTO i DOFLOOD04200 1`110212014 111f OR6115 AAW NED SthEDUL£., I SGDiLY 1KAPY (PK 91=01431) S i AUTIOB jj��"���AUMS AUT *ME e S alder F 5WhEn I H3REDAUTOS ° i a4r9RfALA1.12ttOCCUR S R. El: I AGGREGATE B EirCEBS S U18 I CLWMADE IANDEMPLOVERSLLIABLrrg I. l��' i 1 A iAWFROPRIEr R1PARTNr5REieLu-nVE {7 NiA 113312 1i10811►014 111(1812005 ,c: EACH ACCIDENT I� 1 C q pmeat Floater ! TIM2FS18902TIL04 a1 111081T014111106!2015 N OF Ot+BRAnON51 L.00AMONSI VEACURS iACORD 101, A*ffiDh1h1 R+rnlnts Se W"t, m+ be wheel 17 mon spe" to rfquh15* G Road Const=-wtz(n INSPU01 sE•ka11U1..f] MY OF THE ABOVE NOP0110 BE CANCELLED BEFORE THE EXpIRAnok DATE TrWWOF, 1407109 INLL EIS DE1.tIrMD IN *INSURANCE PURPOSES ONLY ACCORDANCE WrM THE POLICY PROVISIONS. AUrNDRiiLD REPRESENTATN9 0 1909-2014 ACORD CORFORATION. ►Ui rights resarlred. ACORD 25 C"&Q1) The ACORD name and logo ore registered marks of ACORD �, ._rte '"� A • � ,k,� "�` Quality Control. Program NE 4t' Street Parking Lot & Street Enhancement Project Boynton Beach CRA 1302 South J Street Lake North, FL 33460 Phone: (561) 689-0889 Fax: (561) 689-2851 Table of Contents Section I. Introduction 1.1 Definition 1.2 Purpose 1.3 Objective 1A Requiremems for Quality Control Section ZI. Project Quality Control Requirements 2.1 Quality Control Organization 2.2 Project Progress Scbedule 2.3 Inspection Requirements 2.4 Documentation of duality control activities 2.5 Coriwdve Action 2.6 Quality Control Reviews to be Peffonned by Manager 2.7 Quality Control Testing Plan. Section M. Responsible Personnel 3.1 Field Contacts 3.2 Office Contact Section I. Introduction 1.1 Definttion Quality Control is the inspection, analysis and action required to ensure quality of output; the operational techniques and the activities used to fulfill and verify requirements of quality; a procedure for keeping quality of inputs or outputs to specifications. 1.2 Parpose The methods and processes. defined in this manualwill serve as the Project Quality Control program (QCP) for each project. Every project we complete must follow the quality control plan described. 13 Objective The main principle of this QCP is to provide our client with the specified materials and workmanship that meets or exceeds their expectations. To accomplish this, both management and its employees are committed to taking the proper steps to provide a necessary level of control that will adequately provide for the production of acceptable quality materials and also provide sufficient information to assure both the Contmetor and the Engineer that the specification requirements can be met. Rosso Site Development, Inc. will implement quality control measures and construction methods identical to those which have been used previously on numerous projects which applied .this Quality Control Plan. The quality control measures and construction methods have been field tested and proven to produce installed materials meeting or exceeding all .standard construction practices and Boynton Beach CRA requirements. The outcome of this QC plan should show that Rosso Site Development, Inc. utilizes best practice and construction methods proven to produce passing quality assurance test results. 1.4 Requirements for Quality Control The Quality Control process includes quality planning, training, providing clear decisions and directions, constant supervision, immediate review of completed activities for accuracy and completeness, and documenting all decisions, assumptions and recommendations. In the construction development process, it is the clear responsibility of Rosso Site Development, Inc. to ensure our work is economical, accurate, properly prepared, coordinated, checked, and completed. In order for Rosso Site Development, Inc. to consistently meet the needs and expectations of our clients, quality must be as important as the schedule and budget. Orgm uzation, attention to detail and ensuring the project is being completed properly are correct and useful to the contractor. They are also essential to quality. Field and office personnel shall follow established company policies, procedures, standards and guidelines in the preparation and construction of all projects. The Project Manager shall monitor the (duality Control efforts used by Rom Site Development, Inc. employees. Section IL Project Quality Control Requirements The Project Quality Control Program details the proposed methods or processes of providing quality control for all work products. This plan will be kept current with the work requirements. The pian shall include, but is not limited to, the following areas: ■ Quality Control Organization Quality Control Reviews to be performed by Project Manager Procedures to be followed for each aspect of construction Inspection Requirements Quality Control Testing plan 2.1 Quality Control Orgnization All Project Related Correspondence 1. Secretary 1 Treasurer Blair R. Simpson Phone: 561-689-0889 Fax: 561-689-2851 Field Contacts 1. Superintendent Joe Rosso II, President Phone: 561-689-0889 Fax: 561-689-2951 2. Project Manager Robert McIntosh Office: 561-689-0889 Fax: 561-689-2851 2.2 Project Programs Schedule See Appendix 'A' 2.3 Inspection Requirements The Superintendent will all be responsible for inspecting the jobsite each morning before beginning work and each aft=noon before leaving. The foreman will be responsible for ensuring quality control throughout the day. Should a problem arise, he will contact the Project Manager immediately, 2A Documentation of quality control activities Inspection reports will be utilized to ensue that the proper steps are being taken to achieve quality control. Each aspect of the project will be carefully monitored daily. Notes will be taken for documentation of quality control. The Foreman will be responsible for completing these forms. The Project Manager will review these forms to make sure they are following procedure. The Project Manager will visit the project as -needed as well as review each inspection report to ensure agcy. The Project Manager has full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. 2.5 Requirements for correetive action when quality control and/or acceptance criteria are not met. Division fll -- General Conditions Includes Mobilization, MOT and Survey Corrective Actions -- minor adjustment of MOT as required Division 002 --- Site Work Includes NPDES, Earthwork, Subgrade, Basero* Asphalt, Misc. Grading, Underground Utilities, Landscaping Inspections NPDES: upon approval of erosion control measurements, periodic maintenance may be required Earthwork -- no corrective actions required Subgrade —Failing density will require additional compaction and retesting. Failing string line test will require additional grading. Baserock — upon failure of density, additional compaction will be required. Upon failure of sizing line test, additional grading will be required. Asphalt -- no inspection required Misc. {trading -- no inspection required Underground Utilities -- upon failure of installation of stormwater installation system, adjustment will be required. Upon failure of visual inspection of capped utilities, removal of cap and reinstallation may be required Landscaping — visual inspection of sod after installation. Dead sod will be replaced in bind Division 03 - Concrete Includes Type FD Curb, 4" Concrete and 6" Concrete Inspections — upon failure of form inspection, adjustment of forms or regrading will be required Division 04 - Masonry Inspections — Not Applicable Division 05 - Metals Inspections — Not Applicable Division 06 -- Woods & Plastic Inspections —Not Applicable Division 07 — Thermal and Moisture Protection Inspection — Not Applicable Division 09 — Doors dr Windows Inspection — Not Applicable Division 09 - Finishes Includes striping inspection — No inspection required Division 10 -Specialties Inspection —Not Applicable Division 11 -Equipment Inspection —Not Applicable Division 12 - Furnishings inspection — Not Applicable Division 13 — Special Const-action Inspection — Not Applicable Division 14 -Conveyance Inspection — Not Applicable Division 15 - Mechanical Inspection — Not Applicable Division 16 - Electrical Inspection — upon failure of visual inspection, issue will be repaired and a new visual inspection will be required 2.6 Quality Control Reviews to be performed by Project Manager Inspection reports will be utilized to ensure that the proper steps are being taken to achieve quality control. Each aspect of the project will be carefully monitored daily. Notes will be taken for documentation of duality control. The Project Manager and the Foreman will be responsible for completing these forms. The Project Manager- will review times forms to make sure they are following procedure. The Project Manager will visit the project daily as well as review each daily report to ensure accuracy. The project Manager has full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. 2.7 Quality Control Testing Plan Rosso Site Development, Inc. will follow the testing results provided by the independent testing lab. if a test should fail, Rosso Site Development, Inc. will immediately take any action necessary to rectify the problem. All baserock materials purchased by Rosso Site Development, Inc. have been thoroughly tested by a certified Engineering firm and meet FDOT standards. All concrete and asphalt will be purchased from an FDOT certified plant. Section M. Responsible Personnel 3.1 Field Cance 1. Superintendent Joe Rosso H, President Phone: 561-699-0889 Fax: 561.-689-2851 2. project Manager Robert McIntosh Office: 561-689-0889 Fax: 561-689-2851 3.2 Office Contact 1. Secretary 1 Treasurer Blair R. Simpson Phone: 561-589-0889 Fax: 561689-2851 APPENDIX A — Project Progress Schedule e G n� u d c v c a ik' c E o Ca� a co t o o p bo" m a c c ` c m U y o ao c c E c °-2 ° a E m p .a T V ar E Z U C p = w c `o y N p m L U a m ° r t •o o d m a3i \ c n 7 = E _.w ac. �. ti H. _ u .1 _ cn, a ii in g E r a E ua a a g b N N N N ►a H a E b LL _s N N C s N ► C . F- m U y Y q E' � a � w o d IA s LL � .fie c N u7 O V V N � N 1"^�"1 � YI Q Z.. O (O� ^ 40 -0j Gq�3Y c u a E m CL C G ,S T y J 4 zi '�i °� IL g e� o °� E on �o g a 3 er o z �3e � s A o _ H m L LM N tD� 40 LD 'DkD W tD to N N N N N N ei rl `~�14.. N c •� cCo e cco �••� ._ �"'� ._ �••� ._ M v M v N ,_ \ ,_ \ ,_ y �••� � c Oo N w N d M d M v _ E � Y Ln 1"4 Ln Ln Ln Ln 0 Ln N N N N N C O VI CCO C O~ M Y- e\i .`~ ei cOO L O N cO G ei GO i N CO N CO e\y O N N d N N N d N WW M d _ T> g q m q m m a m a m a m a m a q m q a q q a q j a ❑ O a O a 1n a O a O N Do N ao N N M N O rl a W a a O a a O V O e G n� u d c v c a ik' c E o Ca� a co t o o p bo" m a c c ` c m U y o ao c c E c °-2 ° a E m p .a T V ar E Z U C p = w c `o y N p m L U a m ° r t •o o d m a3i \ c n 7 = E _.w ac. �. ti H. _ u .1 _ cn, a ii in g E r a E ua a a R i is k P r a X a t i W T[ IR i, R7 i C N 4i A N C E Sloe 1952 September 3e, 2015 Boynton, Beach CRA 710 N Federal Hwy Baynton Btaah, FL 3343 S RE. Rosso Site Developnuzr�, inc. To Whom it May Concern. It has besot the privilege of Oat ay Ilnsumnoe Agency and Ohio wally Inca Company to provide surety bonds on behalf of Rosso Site Drmlopmerl, Ino. and their predecessor for several years, during which time tbe Rosso family bits fsithfuiiy wed each job samflictorily_ In our opinion, Rosso Site Devekgmu tt, J=. remains properly financed, ween equipped, and capsbly At the pre W time, Ohio Casualty Insurance Cmnpany, paw6des a $5.000.000 single project/510,000,000 sggregpte siuely prag= to Rosso Site De mlopment, Inc, and is in the gess of reviewing updated financial docunm is tics mime their bond line. Elio Casualty Insurance Company has issued wmai bonds for Rasa Sit d Developrrwnt through rains Beach county and does not anticipate any problems should a bond be required on a project in Boynton Bah Roomer fine approval ofany bond is subjeotto review of contract terms and conditions prior to issuance:. Ohio Casualty Insurance Company co mipH" with the requfiw=ts ofFSS 257.0935 and is included on the US. Treasury Department's Listing -of Approved Sureties (Deputrmrrt Circular 570) fat amount8 in excess of $781V Mion per band. if we can be of service or should you have any q cocas, feel free to coz"d us. Very truly �',�Atxornuey-Ill-Foot Inswum Company Commorial I nsuraixe Division P.O. Box 5548 • Ft Lauderdale, FL M10.2430 VV Qalcland Pain Blvd , l~t. E.eudetdale, FL 83811 054-7 of 8.00- 501 , Fac 954-7; 2+352 ,or 88&951-M WWW.gatWWa YInS.t*tn ATTACHMENT "A" Construction Puns and Specifications Request for Bid documents, construction plans and specifications for the INVIT„ATION to BID (ITB) Boynton Beach CRA NE 4" STREET PARKING LOT & STREET ENHANCEMENT PROJECT Dated August 24, 2015 may be obtained from the BBCRXs website online at www.catchboynton.com or on CDIDIID disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. Ns4%stai"rukkeLotlrBONU4l&i Page 14 of 25 ATTACHMENT "B" ADDENDA ACKNOWLEDGEMENT Reoelpt is hereby acknowiedged of the following addenda to the Boynton Beach CRA NE 4" STREET PARKING LOT $ STREET ENHANCEMENT PROJECT INVITATION FOR BID by entering YES or No in the spade provided and Indicating date received. No. 1 1 _ �t Date 9-16-15 No. 2 _ Date No. 3 Date No. 4+p` Date No. 5-44— Date 9-30-2015 Bi er's Signature Date resident Title xg4�aa��r. aerreaos�sue.� Page 16 of 25 ADDENDUM Na. I Addendum Issue Date: September 16, 2015 Boynton Beach Community Redevelopment Agency (CRA) INVITATION to HID For the NE 4th STREET PARKNG LOT & STREET ENHANCEMENT PROJECT Located at the Northeast Corner of NE 4th Street and NE 1st Avenue, Boynton Beach, FL ITB Issue Date: August 27, 2015 Submission Deadline Date: September 30, 2015, no inter than Spm The Boynton Hench Community Red®velopment Agency (CRA) is issuing the following responses to `Requests for Information or Clarification" received from interested parties that are deemed material to the Invitation to Diff MB) document or project plans or sspecifiesitions, in we rdance with Section 1.12 of the 1TB; 1. Is the aluminum edging required at all areas where the stone does not abut concrete, including the east property line? nus The east property line abuts existing asphalt, therefore aluminum edging is required Aluminum edging is only -required where shmm on sheet L1.00, bet"en the stone mulch and the bioswale plantings. 2. I do not see any Desert Cassia's on this project, but there is aline item Response.• The bid form is incorrecL The plant schedule on sheet L1, 00 provides a listing of all plantings required for this project The revised b tl form is included in this Addendum. 3. Are there cores that can be provided to ensure that there is sufficient thickness of lime rock in the existing parking lot in order to meet the 4" minimum thickness after regrading? If the thickness is not there, what is the expected remediation? Baponse.- There were no cores completed as a part of the design of the project. The original intent of the project was to rehabilitate the existing asphalt pavement The current scope of work is to remove the existing asphalt u4thin the new parking area and add lime rock as needed to meet the proposed grades, all of which are anticipated to be at or above the existing grades. In the case that the existing lime rock is insufficient and as directed by the CRA, the contractor shall prepare a full pavement section of compacted subgrade, H.5" of lime rack meedyig LBR 100, and 1.5" of Type S-1 asphaltic concrete pavement. As discussed in the pre-bid meeting, held on September 3, 2015, the CRA has requested that the contractor provide pricing -for this work on a per square yard (SY) basis. If needed, any work noted above will be performed at that rate for only the area necessary as determined by the CRA. Ae m4sed bid form is included in this Addendum. 4. Sheet 04.00 — Perking Sign note says to see the landscape plan for details. The landscape plan gives no detah. Can one be provided? Re Mse: The sign is not included in this project and. will be handled by the CBA separately. the item has been removed from the bid farm S. I do not see a bid bond form in the bidding documents: Is one required? $ I A bid bond form is not included in the bid documents A bid bond may be required as stated in the Invitation to Bid at the discretion ofthe CRA. 6. Is there an engineer's estimate or budget? Response: The CRA has established aro approximate budget, however, will not be providing it as a hart of the ITB at this time. 7. Should the mdsdag wood pole at the southeast corner of the intersection of NE 4& Street and NE la Avenue be removed? B&Uaw-& The ownership of the wood pole with no facilities attached has not been determined at this time. The removal may be performed by a utilfty company or the Contractor and that responsibility has not been determined at this time. The Contractor shall provide an alternate bid price for removal and legal dispasal of that pole, The revised bid form is irtciuded in this Addendum N Boynton Baaeh CRA IWMCRA NE 4TH W RF.lET 81li<T AVENUE PARKI O LAT A STREET ENFNWCEMEN7'PRCdJECT f[im1e *Ham iR5rMINI- Ra nmW of Eimft Pavement 1.299 SY $ 1.15 $ 1,493.63 Exaavaft Sr Deep 549 CY S 26.30 $ 14438.70 Removal of ffiwhM Cbnereta 105 SY $ 9.55 $ 1,002.75 Rmnoval of Balfatlls 37 EA $ 78.90 $ 2.919.30 Rork Llmerook Soo 725 SY $ 9.59 $ 6,952.75 1-112" Type S4 Pavement 725 SY $ 10.67 $ 7,795.76 Carrcrets Sidewalk 87 SY $ 58.57 $ 4,921.69 paves 32 SY $ $8.28 $ 2,023.38 Type „ p■ (hxb 127 LF $ 15.06 $ 1,657.35 Concrete Wheel Sb4m 21 EA $ 27.30 $ 575.30 Pmement MarkingslSMOIng i LS $ 088.80 $ BOB -BO Signs with Posta 2 EA $ 207.75 $ 335.50 Relocate Single Post Sign 1 EA S 56.56 $ 56.55 Silt Fence 215 LF $ 1.27 S 27805 Constnxeion Fence 4B3 LF $ 5.75 S 2,777.25 Soil Tradit Pmventlon Deeks 1 EA $ 1,581.50 $ 1.581.60 Subtotal Site Demolg and and RndgW~mW and Ian # 1 Live Oak - 4' Cal. 16 HT x T SPRD 6 E4 $ 95486 S 8,729.16 Cabbage Palmetto - FG. 18'-2Z CT Slick Trunk 16, EA $ 201.86 $ 2.018.60 Thatch Palm - 8' OA Double Trunk 11 EA $ 488.20 $ 5,970.20 Raspberry Bromeliad - 7 GAL 7 EA $ 31.24 $ 3158.08 False Agana - 7 GAL 17 EA $ 85.10 S 1,448.70 Paba Bromelled -1 GAL. 30 EA $ 22.84 $ 685.20 Gazpvcho f3romeiiad -1 G&, 52 EA 3 25.83 $ 1,345.76 Sand Cord Grass -18" HT 101 EA $ 13.18 $ 1,331.18 Dwarf Fakahtachee Grass -18" ITT 181 EA $ 13.28 $ 2,005.29 Stone Mulch - 2" giver Rtx* ft 3" death w weed fabric 2804 SF S 1.44 $ 3,404.16 Boulder- 24" x Sr x 10" Appmgma% Stre 10 EA $ 09.75 $ 997.50 Mulch for project at 3` Depth ' 657 SF $ 0.64 $ 420AS Alurrtinurn edging 597 LF $ 4.34 $ 2,590.98 Lar d watpe Watering 1 LS S 15.351.00 $ 45,354.00 Subb" LAndeow and Hardbmea Mallmdais and Installation 054.88 22aratn Inarxan� 1 LS $ 1,170.61 $ 1.170.81 Bord (If required) 1 LS $ 1,170.81 $ 1,170.61 MOT k LS $ 729.47 $ 729.47 General Conditlons 1 LS $ 3,402.47 $ 5,402,47 Moblikefi r 1 LS $ 911.21 $ 911.21 920kSIRr s Fee 1 LS 7,000.00 $ 7 000.00 Subtotal General Items $ 14,7 10T �wrnsear.+im..sr�+'���••r,au-�n,��vrw�o �►.�roJ�. � Boynton Beach CRA ,s= MA -CR NE 4TH STREET & 1ST AVENUE PARKING LOT & STREET ENHANCEMENT PROJECT Kirriley?))darn n and WaS GradingAnd Drain alsIng—tallipjgn 1-1l2" Type S-1 Pavement 135 SY $ 11.01 $ 1,488,35 Rework Limerock Base 135 SY $ 8.02 $ 1,082.70 Removal of Existing Concrete 31 SY $ 9.55 $ 296.05 Removal of Existing Pavement 247 SY $ 1.49 $ 385.03 Concrete Sidewalk 37 SY $ 58.57 $ 2,093.09 Pavers 90 SY $ 83.23 $ 5,690.70 Type "D` Curb 241 LF $ 13.05 $ 3,145.05 Pavement Marldngs/Striping 1 LS $7,563.40 7583.40 Subtotal Site Demolition and Paving, Omding and Drainage Materials and Inebilation $ 21 725.37 Mggrjals and Inabliatlon Insurance 1 LS $ 274.39 $ 274.39 Bond (if required) 1 LS $ 274.39 $ 274.35 MOT 1 LS $ 170.98 $ 170.98 General Conditions 1 LS $ 797.53 $ 797.53 Mobilization 1 LS $ 213.59 $ 213.59 Contractor's Fee 1 LS $ 3,000.00 3,000.00 Subtotal General litems $ 4,730.88 Grand Total of Pro ect Cosh $ 26,456.25 Altemate Items Removal of Existing Wood Pole 1 EA $ e5e.e0 $ 658.80 WW"ERYFMO&Oner] mw Mg Babd3CPA- NE4&kBtftkPrld% LoWMpopopshRB_4 i� t E]d AOdenAm -1 ATTACHMENT "D" BID COST ACKNOWLEDGEMENT Project Title: NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT Name of Bidder: Rosso Site Development, Inc. 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," Construction Plans and Specifications. 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 Invitation to Bid, including all Attachments and Addenda. The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project: GRAND TOTAL: $ 133,526.85 One hundred thirky three thousand five hundred eighty lwpnty six Dollars and fi ge Cents (amount written in words has precedence) The undersigned Bidder(s) agrees to commence work within ten (1 D) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion Without interruption within 90 calendar days thereafter. ✓ One (1) original and one (1) unbound copy of Bid submitted ✓ One (1) ed disc or thumb drive containing copy of Bid ✓ 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 all Invitation to Bid Documents including all Attachments and Addenda thereto, and agrees that if selected and a contract with the BBCRA results from such selection, Bidder will perform all items, covenants and conditions in exact compliance with the requirements of this RFP and any resulting contract. 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 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. The Bidder, by submission of this Bid, acknowledges that the Bidder has been advised that in the event that the Bidder contests the award of this Project to another Bidder, the Bidder's damages, if any, are limited to actual Bid preparation costs, and Bidder hereby waives any h'e4!1 & & i°rs wnar.oc rreoos4m4i P i Page 19 of 25 clalm it may have for other damages coming from the Boynton Beach Communtty Redevelopment Agency's failure to award the Project to Bidder. Date: 9-30-2015 Rosso Site Development, Inc. Name ofporation, Firm or Individual Bid r, Co ,rc Signatu 10 Joseph A. Rosso If PrintedfTyped Name President Title .. 561-689-0889 Telephone Number State of Florida Contractor License Number: CGC1520819 NE46St 81ditWdd64 rMM51611&1 Page 20 of 25 ATTACHMENT "E" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Issued Date: August 27, 2095 Project Title: NE Vh STREET PARKING LOT & STREET ENHANCEMENT PROJECT Bid Submission: September 30, 2095. Bids must be received in their entlrely by the BBCRA no later than 3:00 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 oon1brm to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Nano of Bider: Rosso Site Development, Inc. Federal I.D. Number: 454460836 A Corporatlon of the State op Florida Telephone Number: 5{ 0i 689 0889 Fax Number: 561689 2&51 Mailing Address: 1302 S J Street city: Lake Worth Autied Signature Joseph A. Rosso Il Name (Printed or Typed) President iti1M I¢s4ftst&Page 21 of 25 State: FL Zip. 33480 ATTACHMENT "F" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. Name of Bidder(s): Rosso Site Development, Inc. 2. Business Address: 1302 S J Street Lake Worth, FL 33460 3. When Organized: February 2, 2012 4. Where Incorporated: Palm Beach County, FL 5. How many years have you been.engaged in the contacting years business under the present firm name? 6. General character of work performed by your company. General Con' Ton , Clearing & Grubbing, Earthwork, Subgrade, Rock, Asphalt, Grading, Stonnwater Drainage, Sod 7. Endose copies requlrisd licersses and/or business permits. 8. Number of Employees: 19 9. Bonding Catty. t 10 million 10, Experience In performance: Pwj I Value Contact Name Phone # 1stAve & 1st Ct s500k Michael Simon 561-600-9061 W 37#h St $250k Terrence Bailey 561845-3472 10th Ave S $150k Felipe Lol~aso 561,586-1720 Congress Ave $1.25M John Kopalakls 561-684-4150 Drop-off Center sk John Chandler 561-W-4000 NLS"9t ac Page 22 of 25 ATTACHMENT "G" 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: NE 4h STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issuance Date: August 27, 2015 8idder(s)'s Name: Rosso Site Development, Inc. Name/Addrese/Phone of Type of Work to be Dollar Subcontractor Performed Amount % of Total Name: Coats Concrete Construction Concrete Address: 1302 S J Street $10,066.59 7.53% Lake Worth, FL 33460 Phone: 561-689-9489 Name- Universal Surveying Surveying Address: 2623 Lake Drive North $4,000.00 2.99% Boynton Beach, FL 33435 Phone: 561-736-0432 Name: Address: 0.00% Phone: Sas 0 St & I• rarkkycm M005"41$s t Page 23 of 25 ATTACHMENT "H„ PUBLIC ENTITY CRIME$ 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 131cl 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 pejiod 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. Bid is Signature President Title WE 40 Si & I'r mAaM8416-1 Page 24 of 25 ATTACHMENT "I" 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. 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 cues that It has Implemented a drug-free workplace program shall be given preference In the award process. Established procedures for processing Us 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: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substhrrce Is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 1) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace; any, available drug counseling, rehabilitation and employee assistance program; and the pewitles that may be imposed upon employees far drug abuse violations. 2) Ghre each employee engaged in providing the commodides or contractual services that are under Bid a copy of the statement specified In subsectlon (1 � 3) in the abdamerrt -specfiied irr subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under Bid, the employee wit abide by the terma of the statement and will notify the empk*sr 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 UnitadStW& cf AMerica or any*state for a violation occurring in the workpiece no later than Iva M days -after such -conviction. 4) Impose a sanction on or require the satifactory partidpation in a drug abuse assistance or rehabilitation program if such Is available In the employee's community by any employee who Is so convicted. 5) Make a good faith effort to continue to maintain a drug-free workplaos through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fraiiy with Ahrr_ab ove requirements. Aurrixed Signature Joseph A. Rosso II Nam (Printed or Typed) President Title m,eftk 11h&i%LarrBoos Pis_t Page 25 of 25 ITB Response M&M Asphalt Maintenance, Inc., d/b/a All County Paving Y6ETAUCH',ateii a 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 September 30, 2015 at 3:00 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 BBCRXs Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications must be obtained from either 1) the BBCRA website at www.catchbo ton com• or 2) available on disc at the Boynton Beach CRA office. The BBCRA will only accept bids submitted by licensed General 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. Among the factors that will be considered in determining whether a bidder is a responsible bidderfor purposes of this project are: 1. They do not hold the requisite license(s) to apply for ana obtain permits required for the work, and 2. They have not completed three (3) or more similar or related enhancement projects for a public entity or private sector developer within the past thirty --six (36) months. 3. They have been a party to litigation or arbitration arising from a project for a public entity Within the past thirty-six ( 36) months. 1 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They have not attended the mandatory pre-bid conference listed in 1.2 below. 6. They have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past thirty-six (36) months. 7. They were the contractor on a public construction project that incurred cost over -rums in excess of ten percent (I D%) of the amount of their bid amount, within the past thirty-six (36) months. For purposes of this Invitation to Bid, the term "Contractor" refers to the successful Bidder except where context indicates another meaning. INVITATION to BID (ITBI Boynton Beach CRA NE 4h STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issue Date: August 27, 2015 Submission Deadline: September 30, 2013, 3:00pm Mandatory Pre -Bid Meeting: September 3, 2015 at 3.00pm (to be held at Project site) Bids will be publicly opened and read: September 30, 2015 at 3:15 pm NE 46 st & it PutinvLa rraou►au®a Page 1 of 25 at the BBCRA offices located at 710 N. Federal Highway, Boynton Beach, FL 33435 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 pursuant to the criteria set forth in this ITB. 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. INTRODUCTION Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities such as affordable housing, downtown commercial and residential redevelopment projects, special events, economic development and funding programs that assist with the creation of a vibrant downtown core and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA boundaries include 1,650 acres along the eastern edge of the City of Boynton Beach. Over the past four years, the BBCRA has completed capital improvement projects such as the construction of an amphitheater for special events, relocation and conversion of a historic residential structure into a restaurant use, construction of a downtown parking lot, as well as the redevelopment of the CRA's vibrant commercial Boynton Harbor Marina area. PROJECT DESCRIPTION The Boynton Beach Community Redevelopment Agency is seeking qualified Bid proposals for the resurfacing and improvements to an existing parking lot owned by the City of Boynton Beach located at the northeast comer of NE 0 Street & NE 15t Avenue. The parking lot is currently surrounded by concrete railroad ties vertically positioned in the ground, which act as barricades to prevent access to the lot. The goal of the Project is to reactivate this parking lot by providing 19 parking spaces and providing street enhancements to aid in the safe movement of both pedestrians and vehicles. 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 documents available from the BBCRA constitute the entire Protect that is the subject of this ITB. Contractor shall provide all materials, labor, permitting, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, in accordance with all applicable codes and as specified in the Construction Plans Ns 401 st all Panty[ Ax Mo 54418-i Page 2 of 25 prepared by Kimley Horn and Associates, Inc., a consultant to the BBCRA. See Attachment "A" Construction Plans and Specifications, (available online at the BBCRA's website, www.catchboynion.com or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435.) The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without first obtaining formal, written approval issued by the BBCRA in response to a written request from the Contractor and. The selected Contractor is to provide a full-time Project Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed, but at no time are construction activities to impede access, parking or deliveries to the existing roadways, restaurants or other active businesses in the area surrounding the Project. in the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide: 1) written notification to the BBRCA a minimum of one (1) week prior to the disruption of activity, 2) a schedule of the necessary construction activities, and 3) a guaranteed completion date of said activities. The Work 'Included in the Project consists of furnishing all tools, materials, equipment, and supplies as well as the performance of all labor, handling, services, and incidentals. The foregoing description is general in nature. The scope of work is specifically defined by the Attachment "A" Construction Plans and Specifications. 1.2 Personal investigation and Obligation of the Bidders) I 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 ITB. f=ailure to do so shall not relieve a successful Bidder of its obligation to furnish all material and labor necessary to carry out the provisions of its Contract. 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 ITB and the Project, 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. The BBCRA will hold a Mandatory Pre -Bid Meeting on September 3, 2015 at 3:00 pm at the Project site located at the northeast corner of NE 0 Street and NE 11't Avenue, Boynton Beach as shown on Attachment "A" Exhibit "A" Site Location Map. Proof of attendance for the Mandatory Pre -Bid Meeting will be indicated by the Bidder's or Bidder's representative's signature on the attendance sheet provided at the Pre -Bid Meeting. NE#° St & V ftkin .ot rrBoaa434P,1 Page 3 of 25 All bidders must attend the Pre -Bid Meeting in order to be qualified to submit a Bid. The purpose of the Pre -Bid Meeting is to provide prospective bidders the opportunity to perform a site inspection, submit written questions, and receive information on site issues. Failure of a Bidder or Bidder's Representative to attend the conference shall result in disqualification. 1.3 Project Delivery The construction is anticipated to be completed no longer than 120 days from the issuance of the Notice to Proceed (NTP). 1.4 Type of Contract Any contract awarded from this ITB will be negotiated with the successful Bidder and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. If a contract is not executed by the parties and approved by the BBCRA for any reason within 30 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 the Construction & Design documents shall be directed, in writing or via email, to: Kimley-Horn and Associates Attn: Jason Webber, P.E. 1690 S. Congress Avenue, Suite 100 Delray Beach, FL 33445 Office: (561) 404-7250 Email: jason.webber@kimley-hom.com With a copy to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 600-9091 Email: simonm@_bbfl.us B. Questions regarding this ITB $ Overall Project shall be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 Office: (561) 600-9091 Email: simonm@bbfl.us WE -e & & i'ra nciut rrsM4UMI Page 4 of 25 Written responses to all written questions submitted shall be maintained in the BBCRA ITB 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 3:00 pm, September 30, 2015, It is the responsibility of the Bidder to ensure 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. 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, one (1) bound original of the Bid and one unbound (1) dipped copy of the bid must be submitted. In addition, one (1) digital copy of the Bid in PDF format on CD/DVD or thumb drive 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 the Invitation to Bid Boynton Beach CRA NE 4" STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issue Date: August 27, 2015 Submission' deadline: September 30, 2015, 3:00pm 1.10 Selection Criteria The BBCRA will award the contract to the most responsive and responsible Bidder whose Bid is determined to be the most advantageous to the BBCRA as determined by the BBCRA in its sole discretion, pursuant to its analysis of the submitted Bids. The BBCRA's analysis will be based on the criteria contained in this ITB. The CRA will only consider Bidders and Bids that are determined to be responsible and responsive pursuant to the criteria contained in this ITB. 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 State Statutes. 1.12 Clarifications and Interpretations 1.12.1 Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individuals) listed in 1.6. Contacts. All such requests must be submitted in writing or via email, no later than 5.00 pm, xs a• fit h V Pa idrgLw MM&419-1 Page 5 of 25 Monday, September 14, 2015. Answers to questions will be provided no later than 5:00 pm, Friday, September 18, 2015. 1.12.2 Clarifications or Interpretations Any darifications or interpretations of this ITB 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 park of the ITB, and Bidden(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. 1. 12.3 Addenda Bidders shall consider only those clarifications and interpretations that the BSCRA issues by addenda at least five (5) 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 CRA Board and Staff are prohibited from communicating directly or indirectly with Bidders regarding the substance of the Bid submittals until such time as the CRA 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 ip Palm Beach County Code Section 2-327. In accordance with § 257.057(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Bid response. 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. Ne 0 si & r parkingtok rrimmu a G Page 6 of 25 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. 13.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred in preparing or submitting this Bid or for any presentations made. 13.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this ITS, 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 ITB or resulting contract when deemed to be in the BBCRNs best interest. Representations made within the Bid response will be bindns on Bidder. 1.14 Completeness of Bid 1.14.1 Completeness Bidders) 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, alterations, items not called for in the ITB documents, or irregularities of any kind, are subject to disqualification at the sole discretion of the BBCRA. 1. 14.3 Comlig ance Failure to comply with the requirements contained in the ITS request may cause rejection of the Bid. 1.14.4 Rejection Bids submitted after the Submittal Deadline will be rejected and 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 written request stating reasons for withdrawing the bid. 1.16 Ownership of Bids 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 NE -P st& ilpkiaLw rrmu"em.1 Page 7 of 25 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 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 any Contracts resulting from this selection process. 1.18 Bidders) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "E" Bidder(s) Acknowledge and Compliance Certificate. 1.19 Tentative Schedule of Actions 1.19.1 Release of Request for Bid 1. 19.2 Mandatory Pre-Bld meeting 1, 19.3 Bid Submittal Deadline 1. 19.4 Public Bid Opening 1.19.5 BBCRA Board Presentation 1.19.6 Anticipated Construction NTP August 27, 2015 September 3, 2015, 3:00pm, at Project site September 30, 2015, 3:00pm September 30, 2015 at 3:15pm October 13, 2015, 6:30pm November 16, 2015 1.20 Execution of Agreement 1.20.1 Qffer of Contract Upon selection of the successful Bidder(s) by the Board of the BBCRA, the BBCRA will extend to said Bidders) 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 Bidder in its Bid and accepted by 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 Additional Information Except for altemate included in the Bid. methods or pricing, additional attachments shall not be INE 4" St &V P+,Linz.m rr a41 s -t gage 8 of 25 1.22 Public Entity Crimes 1.22.1 L , alec�Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will in no way be a cause for relief from responsibility. 22.2 Public Entity Crimes AJI invitations to bid as defined by Section 287.012(11), 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 (2) (a) of Section 287.133, Florida Statutes, Attachment IV' 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 required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond 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 followina are to b Provided EXACTLY with the item arc rah and section numbers shown hereinafter. N94* si& [• emgiut rrsn[wmis.[ Page 9 of 25 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. 2.2 Bidder(s)'s Location and Registration 1:66LOCe Bil+.1�1� : ► t► +� Street Address:isiTeA Mailing Address: !nMe City, State, Zip: Telephone No.: c�'�' (�� Fax No: �[ 6 r�l(] Email Address of Contact Person: Federal Identification No.: lDI `15� State of Incorporation & Registration No.:.���1t )� 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 organization and management efforts. NO 2.3.2 Age of Organization In continuous business since; tau 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. YIusp_ see. ahAe, 2.3.4 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. t%bm' NE 4• sc & V P.&W [.aa UW05441 ea Page 10 of 25 23.6 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. (�oqe_. 2.3.6 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. Kme_ 2.3.7 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 ori 'nal bi l CaSe See e- aft . 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 S Supervision during the Project's duration. It is expected that a Project Manager or Project Supervisor will be on si.�e during any work performed during the term of the project. Re -ase sEe— Qnact 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this ITB are to be listed in the table shown in Attachment "F" Statement of Relevant Construction Experience. Bidders) are to exactly reproduce this table in their responses with information In accordance with the column headings shown. Notations such as UK 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 ITB. For each project listed in this table where Bidder(s) self- performed any construction trade, provide a separate table, listing the trades(s) provided. &me Se e- 2.6 Quality Control Program AfA\ Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analFi s, corrective action, and Interface with building inspectors, owners, and consultants.MR s� ���� 2.7 Schedule Achievement Program Provide a "Gantt style" time schedule for completion of the Project and describe what techniques are planned to ensure that the schedule will be met. t1 t 3f -f- * AoAk NE O' Sl & 11 F rklnpLa rrHous 4acs-i Page 11 of 25 2.8 Subcontractors If a Bidder subcontracts any portion of the Project for any reason, the Bidder 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 "G" Schedule of Subcontractors. 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, who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a Bid of any Bidders) 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, they shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the Project. 2.9 Drug -Fres 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 "I" Drug Free Workplace Certification Failure to include an executed certification may cause the bid to be considered non-responsive. 2.10 Licenses , Bidder(s) shall provide copies of any and all liceAses, certifications or other related professional credentials hold by the company required to complete the project. 2.11 insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their Bid. 2.12 Bonding Capacity Bidders(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 Bid costs shall be provided in the format shown in Attachment "D" Bid Cost Acknowledgement Form along with a breakdown of costs for the project scope the Bidder(s) will responsible for undertaking to complete the Project as per the construction documents for categories and subcategories as listed in Attachment "C" Bid Cost Breakdown Form. if there are any additional line item(s) that the Bidder would like to include that are not included in Attachment "C" Bid Cost Breakdown Form, the Bidder shall request the line item(s) be added in accordance with Section 1. 12. N -E a• sk & i•rwmmiue rreoasmmi Page 12 of 25 The scope of the Bidder(s)'s work consists of the totality of the successful Sidder(s)'s Construction Firm's duties and obligations under the ITB, including all Attachments and Addenda, and any resulting contract. 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 The BBCRA has pre -paid for the plan review and construction permit fees associated with the overall Project as of the date of issuance of the RFP. The BBCRA will pay the City of Boynton Beach directly for any additional permit fees or associated with the completion of the Demolition Phase Project and shown on Attachment "C" aid Cost Breakdown as an Allowance, excluding any fees or costs incurred by the Bidder as a result of deficiencies in performance or oversights in construction management practices. NEa"sL&i4Pskb*R 01nW)54141a-[ Page 13 of 25 Palm Beach County: U-21491 Broward County 13 -SA -17799.R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 2.3.3 Principals of firm: Kenneth Goldberg — President 15517 Glencrest Ave. Delray Beach, FL 33445 David R. Goldberg — Vice President/Treasurer 13201 Vedra Lake Circle Delray Beach, FL 33446 Jeffrey Cohen -r- Secretary 8715 Flowersong Cove Boynton Beach,r FL 33473 2.4.1 Project Management & Supervision Anthony (Tony) Grout — Project Manager Willie Robinson — Supervisor 3,2 Self -Perform 1. Site Demolition 2. Paving 3. Grading 4. Drainage T' Page 1 of 1 PayIng Offlae 561-588-0948 Fax 561-588-2140 halt MainteIncnance 101, Stree drb/a All County Beach, FL 3344.4 Office 407-610-8069 I Fax 407-m-200114800 Patch Road, Orlando, FL 32822 info dallcoun ygayina.com Members of 1CSC, CAI, SEFAA, IREY, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NA10P, BOYAR, FHBA, APWA, MSM, NEYRA GFDOT CERTIFIED CONTRACTORS Note. All Courny cannot work around vehicles. Management Is responsible for to&*v when orrnars fail to r>arnply with paving, andior seal cast schedule, S $ $ $ $ RRe pRp p$p $po $ S S pa$ e 8$ S $ $ $ p8p C Sp 88p $ 8 F; ip3 � $O �8j pep 9 p8p 0 6 ® rY N O O O O ry u 0 a , $ a K = a fit f i 6 € � b C = r Ca In Anthony J. Grout 9105 Tremezzo Lane tonYjg89@aol.c0M Boynton Beach, FL 33472 -- (561)-719-0538 Objective: To obtain a Project Management position with a Heavy Highway Construction Contractor utilizing my skills, education and ability, to profitably and professionally manage multiple projects. Employment Experience: 15 years in Heavy Highway Construction • Ranger Construction Industries, West Palm Beach, FL 2013 Present: Project Manager for Florida Department of Transportation Projects, Palm Beach County Department of Airports and Palin Beach, Martin, St. Lucie, Indian River County Projects. Duties include the following: -Senior on-site manager in charge of multimillion dollar project construction and execution. Coordinate, plan, and supervise field staff, subcontractors and craft activities for the entire project(s). Maintains liaison with other departments to insure all required materials, equipment, and inspections happen in a timely manner. Support the project budget and schedule. Submission of payment applications, change orders and required paperwork. Identify and resolve field conflicts_ Establish and maintain solid relationships with owners, sub -contractors, local officials and business owners. Community Asphalt Corporation 1OHL Group, West Palm Beach, FL 2000-2012: Project Manager 1998-2000: Project Superintendent -Coordinated, planned and supervised 10+ man field staff, subcontractors and craft activities for the assigned project -assisted in operation and maintenance of heavy equipment 1995-1997: Worksite Traffic Control Supervisor -provided maintenance of traffic for construction and paving operations Sea Systems Inc., Pompano Beach, FL • 1994-1995: Survey Technician -operated survey instrumentation including; total station, data collector, GPS survey equipment, RTK -conducted hydrographic, boundary, and topographic surveys -from Key West, FL to Georgia United States Army • 1992-1994: US Army Reserves - 98s' Division Training Unit, Buffalo, NY E5 Drill Sergeant -taught basic combat skills training to new enlisted Army recruits • 1988-1992: Active Army - C Co. 4'h Bat 1701 Infantry Division, Ft. Ord, CA -combat and jungle warfare training -achieved E5 Sergeant ranking in 3 years participated in Operation Just Cause, Panama 1989 Education: Honors: Sledle: • Community College of the Finger Lakes, Canandaigua, NY + 1987-1988: Wildlife Conservation • 1995- ATTSA Certified Worksite Traffic Supervisor 2001- FDEP Qualified Stormwater Management Inspector * 2004- Primavera P6 Project Manager • 2005- CTQP Asphalt Paving Level I & II + 2005- CTQP QC Manager • 2013 FEC Trainee! Contractor • Combat Infantry Badge - Operation Just Cause, Panama 1989 • 1993 Drill Sergeant of the Cycle, 9P Division Training Unit • 4 Army Achievement Metals • Chairman FEC AGC Golf Tournament 2010 -Present • PC Computer Literacy, Primavera PG, Bid2Win, StreetSmarts Client, Microsoft Office, Oracle JDE, Equential, Documentum , and Internet • USA Hockey Certified Level 4 Coach • Certified Palm Reach C:nunty High Schanl i lmnire I i Anthony J. Grout 9105 Tremezzo Lane tonyjg89@aol.com Boynton BeachFL 33473 _ Sb1-718-4580 REPESENTATIYE EXPERIENCE PARTIAL PRQJECTLIST- the following projects are representative of Mr. Grout's experience as a Project Manager or Project Superintendent 195 Gateway to Linton- $30 million- FDOT multiple bridge construction, roadway widening, mill and resurface, extensive drainage installation, ramp construction, sound wall installation US1 Lake Forth 101a St to Lantana Rd $27miliion- FDOT Roadway widening, utility replacement, drainage system installation, utility installation, milling and resurfacing, intersection construction, Mast arms decorative lighting, landscaping Southern Blvd & Military Trail INT. $1.5 mffnon- FDOT Intersection improvement, curb and gutter installation, mill and resurfacing median reconstruction, guardrail. Haverhill Road- $4.5 million- Palm Beach County Road widening, curb and gutter installation, drainage system improvements, box culvert extensions, articulated sip rap, sidewalk installation. US 1 Linton Blvd Intersection Improvement- $4 million Palm Beach County - median reconstruction, roadway widening, curb and gutter, sidewalk installation, drainage system improvements, mill and resurfacing. US 1 Stuart, Martin County- $21 million- FDOT Total roadway reconstruction, box culvert replacement, extensive drainage system installation, utility installation, curb and gutter, sidewalk installation, mast arms, lighting, mill and resurface, intersection construction, Mast arms, decorative lighting, Landscaping. Palm, Beach Road, City of Stuart $5 million Martin County roadway widening, median construction, Extensive utility installation 50% of contract, curb and gutter, sidewalk installation, gravity walls, drainage system i;nprovements, mill and resurfacing, Mast arras, decorative lighting, Landscaping. US 1 Taylor Creek, Fort Pierce- $4.5 million FDOT bridge widening, curb and gutter, sidewalk installation, drainage system improvements, mill and resurfacing, Landscaping, decorative lighting, median construction. Green River Parkway, Jensen Beach- $2 million- Martin County 2 mile total roadway construction, intersection construction, Mast arms, multi modal path, pedestrian bridge, drainage installation, Landscaping, parking area, curb and gutter, sidewalk installation. US 1 Vero Beach $5 million- FDOT Roadway widening, , Intersection improvement, curb and gutter installation, sidewalk installation, mill and resurfacing, median reconstruction, Mast arms, lighting, pipe desilting. Southbend Blvd, Port St. Lucie $1.6 million- City of Port St- Lucie 2 mile total roadway construction, curb and gutter, sidewalk installation. SR 707, Martin County $500K FDOT 100 day job finished in 30 with 50% profit + bonus, mill and resurface, shoulder widening. SR 710 Beeline Highway, Palm Beach Gardens- $7 million FOOT - Bridge Demo and reconstruction, Roadway reconstruction, drainage installation, mill and resurface, culvert extensions, gravity walls, articulated rip rap, shoulder widening. SR 80 Southern Blvd. West Palm Beach - $50 million- FDOT Multiple Bridges, culvert extensions, complete roadway reconfiguration, C 51_canal relocation, mast arms, retention, detention areas, gravity walls. Anthony J. Grout 9105 Tremezzo Lane tonyjg89@ao1.com Boynton Beach, FL 33473. 561-718-4580 SR 80 Labelle Hendry County FDOT $5 million- SFWMD drainage improvement rehab. Multiple ditch block replacements and drainage structures. Okeechobee Blvd @ Clear Lake Palm Beach County $4 million — bridge widening and culvert replacement roadway widening and milling and resurfacing, multiple cantilever sign structures lighting SR 80 South Bay Palm Beach County FDOT $5 million -- milling and resurfacing landscape and irrigation sidewalk installation SR 740 IIS 98 Okeechobee County FDOT $8 million- drainage installation, milling and resurfacing SR 811 Glynn Mayo Alt AIA Jupiter FDOT- $2 million- milling and resurfacing landscape installation, signaiization US 1 Boynton Beach FDOT $ 5million — milling and resurfacing, mast arms landscape and irrigation pipe lining drainage rehabilitation SR 808 Glades Road FDOT $8 million — milling and resurfacing, mast arm installation sidewalk construction, video detection SR 15 Port Mayaca Martin County FDOT $5 million milling and resurfacing, guardrail replacement, signage SR 706 Indiantown Road FDOT $3 million — milling and resurfacing, ADA ramp installation, signage, video detection Belvedere and Pike Intersection Improvements Palm Beach County $500K culvert replacement, new endwalls, roadway widening Palm Beach International Airport Taxiway Lima 9xtension $7.5 million — complete construction of a taxiway to include NAVAIDS, electrical, Glide Slope and RVR relocation. Northlake Blvd Bridge over the Loxahatchee Slough $4 million — multi -lane bridge over Loxahatchee Slough, MSE Walls, Weir construction, drainage shoulder walls, parapet walls and new fall depth pavement construction Palm Beach International Airport Exit Taxiway C4 $3.5 million — the removal and reconstruction of TW adjacent to main RW and TW widening with FAA lighted guide signs and TW edge lights included Palm Beach International Airport Runway 1Q.L-28R Rehabilitation $11 million — pavement rehab of PBLk main RW FAA electrical, guidance signs and RW centerline lights and TW edge lights LAHSO light installation. Willie R. Robinson 1920 N. %V. 5"' Terris: Pompano Beach, F1 33061' I lame. (954)"785-66P, o iIIxuri w Seeking a position that vNill alln�-s me to use ni,;: professional shills and qualification; to manage asphalt construc'_ion rri7jectzs and carr' ou! various activities relating to the a:Vh alt construction industry, SYNOPSIS A self starter,::kith over 20 )ears of experience in asphalt project management relating to: large projects, industrial, higllwuys, interstate prc>:jects, etc. Excellent oral and written communication skill; Leadership abilities in achieving group goals; openness to chania.- and to evolving technologies; interpersonal skills; Leval L and 11 asphalt paving and MAT. certified; CCL License; D[STR'ruck experience; Qualified to operate all paving equipment and have the ability to teach the laying of asphalt. EDUCATION Pompano Beach High School, Pompano Beach, FI, June, 1974 CERTIFICATIONS Stormwater Inspector April, 21008 RCI Inspector #118 WORK EXPERIENCE Ranger Contraction Project Superintendent Miami, !Florida 2007 to Present • Manage asphalt crew, roadway specialist, etc; review time for Hourly employees; evaluate employee's performance; assist emplo)ecs as needed; comply with subcontractors and inspectors, order job mawrials; obtain requisitions and distributing materials; schedule asphalt; milling crew; Assume asphalt manager role when applicable, Apac-Souteast .SurperintendentPri?jest Alanager2001-2007 Miarni, Florida Manage asphalt crew, roadway specialist, etc; reNiew time for hourly employees: evaluate employee's performance; assist employees as needed; comply with subcontractors and inspectors; order job materials; obtain requisitions and distributing materials; schedule asphalt; milling crew; A,,surne asphalt manager wle when applicable. general Asphalt :1�'roja t11498-1001 tili.a.ni, lIorida Nlartage aaphalt Cre"', report time fOr hood y tmplovees; or&r job material{: Obtain requisitions and dist; ihtftin«f material:,: scjt,- ukL asphalt Pavex Asphalt •brilait f r,rt�1D1an Beach. Florida viii'lage usPhalt grew; ra:P t tirl-le liar houcitertapl��yc�e,,: order jvh tmatcrial : obtain requisitions and dist:ibUdIIL+ inateriak, schedulc asphsal Carroll Paving ,isp}t,t1t f:yrcman Pompano Beach, Florida Managi: asphalt crew: report time liar nouriv employees; ()rder jok) materials; c+btain requisitions and distributing mate iai,; sch"MLtle aspha t ACE{(EVF:M1� N'TS Safety First Award. 1995- REFERE N CES Available Upon Request Palm Beach County: U-21491 Broward County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 QUALITY CONTROL PLAN Earthwork :vr`! EWK-5.2 Personnel EWK 5.2.1 Personnel: The following is a list of personnel that may be on the project and their qualifications. Earthwork CTAP Name Company TIN_ Level of anal. EWK-5.2.2 Level of Responsibility: The Quality Control Manager is the primary point of contact for quality control issues on the project. Approved qualified personnel are responsible for inspection of materials and construction activities. The alternate Quality Control Manager would serve as a temporary Quality Contirol Manager should illness or other unavoidable conflicts occur with the Quality Control Manager. Earthwork Level 2 Technician will be in responsible charge of assisting the contractor in achieving density in the most accurate and time saving method, by having full knowledge of density theory, Florida Specifications and Design Standards. Oversee and assist Level 1 Technician with preparation, completion and certification of density logbook. Earthwork Level 1 Technician will be in responsible charge of checking soil classification to ensure the soil utilized is the same soil on which proctors were acquired. Take soil samples from pit and/or job -site to lab for sampling, perform nuclear density testing, speedy moisture sampling soils test and reporting results in Density log book. Page 1 OT 115 M&M Asphalt Maintenance Inc., dlbla All County Paving Office 561-588-0949 Fax 581-588-21401 1180 SAN I e Street, Delray Beach, FL 33444 Office 407-610-80691 Fax 407.380-200114800 Patch Road, Orlando, Fi. 32822 a nfoAallcoun1wavingm Members of ICSC, CAI, SEFAA, IREM, CREW, AA00, B66, FTBA, FHEA, 11CA, ABC, NAlOP, BOMAk FHBA, AMA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Note: AN County cannot work around vahleles. Managernent is responsible for towing when owners tail to comply with paving and/or seal coat schedule. Palm Beach County: u-zi491 Broward County: 13 -3I -17799•R Collier County: LCC20110001435 Martin County: MCP5910 General Contractor: CGC11509532 EWK-5.3 Raw Materials: EWK 5.3.1 Sources. Base Flock: Base Number 111 rock will be delivered to site from FDOT Approved Limerock Pit Borrow Material: Borrow material will be obtained from . A separate letter requesting approval from the Project Engineer/Administrator will be provided. (Borrow Material: Borrow pits are project specific. New borrow pits need proper approval. The borrow pits approved for previous projects can be utilize by transferring them to the current project provided the borrow material is available in those pits and the transfer is requested by the contractor. All borrow material for embankment and pipe backfill, no matter whether it is coming from on site or previously approved borrow pits or new borrow pits, shall be approved by the Project EngineerlAdministrator before it is being placed on the current project?). EWK-5.5.2 Certifcation: Contractor or its Representative will visually verify that the material is suitable. Contractor or its Representative will collect the delivery tickets and verify that the material arfiving an the project is from the designated source. These tickets will be delivered to the Department representative attached to the Monthly Material Certification. Delivery tickets will include pit number, DOT Code No., quantity shipped, and language stating "Certified for FDOT or "Cert. for FDOT'. EWK-5.3.3 Disposition of Failing Materials: See EWK-5.9.4 EWK-5.4 Storage Facilities for Raw Materials: Borrow and limerock material will be stockpiled within a designated storage area or placed directly into the open cut. To ensure these materials are not contaminated or mixed together while stockpiled silt fence and adequate area of separation between materials will be utilized. (if there is no base rock material used on the project, delete the reference to limerock material from the above statement) EWK 5.5 Production Equipment: NIA Page 2 of 16 M&M ,Asphalt Maintenance Inc., We All County Paving Office 561-588-09491 Fax 501-586-214011180 SW VP Street, Delray Beach, FL 33444 Offlos 407-610-8069 I Fax 407-380-200114800 Patch Road, Orlando, FL 32822 in_foOallc:ounkypavin�..com Members of ICSC, CAI, SEFAA, IREM, CREW. AAGO, BBB, FTBA, FHEA, UCA. ABC, NAIOP, BOMAA, FHBA, APwA, PRIi91I, NEYRA GFDOT CERTIFIED CONTRACTORS Note: All County cannot work around vehicles. Management is rompponslble for towing when owners folk to comply with paving endlor seal coat schedule, Palm Beach County: U-21491 Broward County: 13-3/-17799-8 C�`-s Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: COC1509532 EWK-5.6: N/A EWK-5.7 Other Requirements EWK-5.7.1 Copy of Certifications: N/A EWK-5.7.2 Statement of Compliance: N/A Included in the general statement of compliance. EWK-5.7.3 Information on Producer's Quality Control Plan. N/A EWK-5.7.4 Describe Documentation Procedure EWK 5.7.4.1 LIMS Data Entry: QC Manager or _(Mame of Designee) will enter all pertinent information into the LIMS system within 24 hours of the test and as required by Specifications. Monthly sampling reports will be obtained to verify all samples and results;ane logged into the Departments LINTS system. All original records will be stored at (!Name and address) EWK-5.7.4.2 Quality Control Log Book: (Name of person that will maintain the logbook) will maintain the logbook and the QC Manager shall be the point of contact. In the event discrepancies are founq during the District Density Engineer (DDE) review of the QCT Log Book, discrepancies will be corrected immediately and available for recheck by the DDE. During work operations not requiring densities the logbook will be stored at (Name and address) EWK-5.8 Final Manufactured Product Plant Operations: N/A EWK-5.9 Final Manufactured Product — Field Operations EWK-5.9.1 Transportation: N/A EWK-5.9.2 Storage: N/A EWK-5.9.3 Placement: Calibration frequency for the Nuclear Gauge and Speedy will be maintained as per FDDT and Manufacturers requirements. The Department and all QC gauges will be compared at the start of earthwork operations to ensure compliance with specifications. If a substitution gauge is brought to the project, a gauge comparison will be immediately requested of the Department. The QC Manager will notify the Project Engineer/Administrator when new materials are encountered and/or additional sampling is required. All material testing frequencies will be in accordance with the .lob Guide Schedule. Page 3 of 16 NISM Asphalt Maintenance Inc., dlh/a All County raving Office 661-588-W491 Fax 661-SW214011180 SW 101h Street, Delray Beach, FL 33444 Office 407-010-80891 Fax 407-38"00114800 Patch Road, Orlando, FL 32822 infoggallcounbmaying.com Members of ICSC, CAI, SEFAA, REM. CREW, AAGO, 880, FMA, FHEA, UCA, ABC, NAIDP, BOMAA, FHBA, APWA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Nate: All County cannot work around vehicles. Management la respo n oihle fyr towing when owners fall to comply with pawing snWor sell coat schedule. Palm Beach County: U-21491 Broward County: 13.3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 t r Za In the event of added work testing frequencies will be in accordance with the Departments sampling and testing guide. EWK-5.9.4 Disposition of Failing Materials: The QC Manager or (Name of designee) will monitor test results for trends and take appropriate action to adjust processes to ensure conformance to specifications. When material does not conform to the specifications additional testing will be performed. The QC Manager will report findings to the Project Engineer/Administrator, Contractor Project Manager, Superintendent and the appropriate subcontractor. Depending on results of materials and upon approval of the Engineer, the Contractor may initiate and submit to the Project Engineer/Administrator for approval an Engineering Analysis Report (EAR) along with a request for the material to be left in place. In the event that an EAR is needed for the project, an independent lab will be selected and a revision to this QC Plan will be submitted naming the lab for approval seven (7) days prior to use. A Specialty Engineer, who is an independent consultant or the Contractor's Engineer of Record shall perform any such analysis.The lab will be accredited and approved to do the testing procedure required for the EAR. if the material is found not to meet specification and the EAR is not approved, the material will be rejected for Use. The limits of failing materials will be confirmed and will be removed and replaced with material that meets specification. EWK 5.10 Testing LaboratoAss: Laboratories that will perform all earthwork related Quality Control testing: (Name, Lab Number, and address of Laboratory) Page 4 Ot 16 M&M Asphalt Maintenance Irlc., d1W81 All County Paving Offlce 581-6i88-09481 Fax 561-SW2M 11180 5W 10'" Street, Defray Beach, Fl. 33444 office 407-610-&0691 Fax 407 -So -200114800 Patch Road, Orlando, Fl, 32822 infofallc ounIMAng.cam Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BOB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Note. Ail County cannot work around +rehtcles Management is responsible for towing when owners fall to cMply With paving aodlor seat cont schedule. Palm Beach County, U-21491 Browerd County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 Asphalt HMA -5.2 Personnel The following is a list of personnel that may be on the project and their qualifications. HMA -5.2.1 Qualifications: QC Manager TIN: Office: Cell: Home: Nextel: Email: Paving Level 1 Personnel: (Names) TIN: Paving Level 2 Personnel: (Names) TIN: Plant Level 1 Personnel: see Producer's QCP Plant Level 2 Personnel: see Producer's QCP Mix Designer: (Name) TIN: In the event the above listed personnel are not available, CTQP qualified personnel will be utilized and the Engineer will be notified within 24 hours with the name and TIN. Page 5 of 16 M&M Asphalt Maintenance Inc., d/b/a All County Paying Office 561-588409491 Fax 561-588-214D 11180 SW 1G"' Street, Delray Beach, FL 33444 Office 407-610-80891 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 i nfoft l I co u n tmav i n o, corn Members of iCSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTSA, FHEA, UCA, ABC, NAIOP, BWAA, FHBA, APWA, PIUSM, X YRA GFDOT CERTIFIED CONTRACTORS Note: All County cannot work around vehicles. frlanagement Is responsible for towing when owners fail to comply w th paving and/or seat coat schedule. Pairs Beach County. U-21491 Broward County, 13 -3A -17799-R Collier County. LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 La HMA -5.2.2 Level of Responsibility: The primary contact for Asphalt Paving and Production will be the Quality Control Manager. Approved qualified personnel are responsible for inspection of materials and construction activities. The Alternate Quality Control Manager would serve as temporary Quality Control Manager should illness or other unavoidable conflict occur with the Quality Control Manager. Paving Level 2 Technician will be in responsible charge of the paving operations. This individual will also be responsible for monitoring the mix spread rate, monitoring the pavement cross slope, all required reports and documentation, cutting of cores, transporting cores to asphalt lab, and mix temperature of the first five loads and every fifth load thereafter. Paving Level 1 Technician will be responsible for the pavement Infrared temperature, verifying density with a density measuring device, and monitoring the pavement smoothness with a 15 foot rolling straightedge. HMA -5.3 Raw Materials: HMA -5.3.1 Source: The following prlmar plant will be used to provide Hot Mix Asphali for the project: Plant # Secondary location: Plant # Asphalt mix design: SuperPave 9.5 Mix Design Sources of other products will be from the Qualified Products List, or a certification from the manufacturer will be provided. HMA -5.3.2 Certification: Mixtures and products Incorporated into the project will be in conformance with specifications. Load tickets will bear approved mix design number and/or producer certification. The design mixes for this project have been submitted to Page 6of16 M&M Asphalt Malntenanoe Inc., t11bla All County Paving Offlce 501-586-09491 Fax 561-588-21401 1180 SW 101h Street, Delray Beach. Ft_ 33444 Office 407-610-80891 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 lrdo _ aIIcc) u_nWaylag. m Members of ICSC, CAI, 6EFAA, IREK CREW, AAGO, 888, FrBA, FHEA, UCA, ABC, NAIOP, WMAA, FNBA, APWA, PRISM, NEYRA GFOOT CERTIFIED CONTRACTORS Note: All County carrot work around vehicles. (Management is responsible far towing when owners faS to comply with paving and/or seal coat schedule. Palm Beach County: U-21491 Broward County: 13 -3A -17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: COC1509532 the State Materials Office for approval. Copies of the approved design mixes will be submitted under a revision to this plan prior to the Pre -paving Conference. All subsequent changes to the mix design will result in a change to the QC Plan and must be submitted to the Engineer prior to paving operations in the field. HMA -5.3.3 Disposition of Failing Materials: see producer's QC Plan and HMA -5.5.4 HMA -5.4 Storage Facilities for Raw Materials: Hot Mix Storage addressed in Producers Quality Control Plan and 330-6.4 and other materials such as ARMI cover stone will be stockpiled and loaded to prevent segregation and contamination. Asphalt Rubber Binder will be per 336-5. Prime and tack per section 300". HMA -5.5 Production Equipment: Refer to Producer's QC Plan. HMA -5.6 Plant Requirements HMA -5.6.1 Plant Identification: Refer to Producer's QC Plan. HMA -5.6.2 Process Control System: Refer to Producer's QC Plan. HNJA-5.6.3 Loading and Shipping Control: Refer to Producer's QC Plan HMA -5.6.4 Types of Products Generated: Refer to Producer's QC Plan, HMA -5.7 Other Requirements HMA -5.7.1 Copy of Certification: Certifications and delivery tickets for items such as Tack; Prime; Asphalt mix delivery tickets will be in the required FDOT format and will most FDOT Specification per Item. These tickets will be delivered to the Department representative attached to the Monthly Material Certification. HMA -5.7.2 Statement of Compliance: The materials and processes used In the construction of this project will comply with all quality requirements set forth by the Department Including Contract Documents and other Department manuals. HMA -5.7.3 Information on Producer's Quality Control Plan: See section 5.3.1 for list of approved producers. Page 7 of 16 M&M Asphalt Maintenance Inc., d/b/a All County Paring Office 561-5884MG 1 Fax 561-58&21441 1180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-80691 Fax 447,380-2001 4800 Patch Road, Orlando, FL 32822 'nf II un vin m Members of ICSC, CAI, $EFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, SOMA& FHBA, APWA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Nota: All County cannot work around vehldes. Management Is responsible for towing when owatiers fail to comply with psvlyd endlor sed cosi schedule. Palm Beach County. u-21491 Broward County! 13.3A,17799 -R Collier County, LCC20110001455 Martin County, MCP5910 General Contractor. CGC1509532 HMA -5.7.4 Documentation Procedure: All testing reports, cross -slope measurement forms, etc. will be stoped at the production facility, and will be made available to Department personnel for review, upon request. Copies of daily reports will be submitted to the Engineer on a daily basis. Quality Control information will be entered into the LIMS System at (Name and address) within 24 hours of the testing being completed. HMA -5.8 Final Manufactured Product — Plant Operations HMA -5.8.1 Storage: Not Applicable. See Producer's QC Plan. HMA -5.8.2 Disposition of Failing Materials: See Producer's QC Plan. MMA -5,9 Final Manufactured Product — Field Operations HMA -5.9.1 Transportation: Trucks hauling Hot Mix will be of tight construction which prevents the loss of material, and will be equipped with a tarpaulin or waterproof cover mounted in such a manner It can cover the entire load. The trucks will be cleaned of all foreign material, and coated with a soapy solution or release agent. The bed of the truck will be equipped with a hole for measuring the temperature of the mix. HMA -5.9.2 Storage: N/A HMA -5.9.3 Placement: See HMA — 5.9.3.5 HMA -5.9.3.1 Milling: Milling will be accomplished .with equipment according to specification 327-2 and wili conform to the requirements of specification 327.3 and 327-4. The milled cross slope will be verified at a frequency of at least every 250 feet unless modified in writing by the Department. Emphasis will be made for proper texture and ride wherever necessary. HMA -5.9-3.2 ARMI: Monitor per 3414, 5 and 6 and adjust as necessary to maintain application rates HMA -5.9.3.3 Preparation: Prior to application of tack material, the existing surface will be cleaned of all foreign material, which might prevent proper bond over the full width of the application. Attempts will be made to minimize tack drop-off coming from truck tires, or mix droppings on the pavement surface prior to paving. Page 8 or 16 M&M Asphalt Maintenance Inc., dlble All County Paving Office 581-588-09491Pax 501-568-21401 1180 SW 10'" Street, Delray Beach, FL 33444 Office 407-610-6089 I Fax 407-380-20011 48M Patch Road, Orlando, FL 32822 InfolMallcountvneving.com Members of ICSC, CAI, SEFAA, IREI9, CREW, AAGO, 885, FTBA, FHEA, UCA, ABC, NA1412, 80MAA, FH$A, APNEA, PRISM, NEYRA GFOOT CERTIFIED CONTRACTORS Note: All County cannot work around veldcJes Management is responsible for towing when owners iaR to comply with paving anWor seal coat schedule. Palm Beach County- U-211491 Broward County: 13-3!4.17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 =7, HMA -5.9.3.4 Prime and Tack: Tack material will be verified by verifying the spread rate for each application. Adjustments to the application will be made to maintain the spread rate within the specified range. (Monitor per Specification 330-4.) HMA -5.9.3.6 Paving: Paving will be accomplished using properly maintained equipment meeting specification 320-5 and monitor paving operations per Specification 330-2,2 (temperature, slope, mix spread rate), and placement requirements per Specification 330-3, 9,11,12 and 13 with emphasis on uniformity and smoothness. Reasonable attempts will be made to make smooth transitions at bridge approaches, manholes, and joints. Will immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Will not place asphalt mixtures while the rain Is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified In 330-9.1.2, will place the mixture. HMA -5.9.3.6 Coppaction: Compaction will be achieved using an adequate number of properly maintained rollers meeting applicable sections of 320-5.3. The compactive effort will be adjusted to control and achieve density as referenced In 330-10. Specification 330.10.1.2 is not applicable In SuperPave asphalt paving. Care will be taken not to over compact the pavement layer or use no more force than necessary to achieve density. In areas where density testing Is not required, the following rolling pattern is proposed to be done using the following equipment and coverages: Roller 1: (type and weight) Coverages: Roller 2: (type and weighQ Coverages: This proposed rolling pattern will be reviewed by the Engineer for approval and documented Immediately after completion. informational cores will be taken at 3 cores per day or as directed by the Engineer to determine the initial optimal density in these areas. [Contractor shall provide his means to Iden ft how he is to monitor these areas and what will Cause the paving to be stopff ed in these areas and anew rollinsr oaftern established. Could say something similar to. Page 9 of 16 M&M Asphalt Maintenance Inc., dWa All County Paving Office 661-588-09491 Fax 561-SW2140 11180 SW 101' Street, Delray Beach, FL 33444 Office 407-610-80691 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 infb(Mallcounb2aylng.com Members of ICSC, CIU, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHF.A, UCA, ABC, NAIOP, BOMAA, FHBA, APWA. PRISM, NEWA GFDOT CERTIFIED CONTRACTORS Mote; All Count' cannot work around rshicles. Management Is rasponslble for towing when owners fail to comply vrlth paving andlar saw coat schedule. Palm Beach County: 11-21481 Broward County: 13 -3A -17799-R Collier County: LCC20110001485 MalrtIn County: MCPS910 General Contractor. CGC1509532 DENSITY.- Five ENSITY.Five nuclear density tests will be performed once the rolling pattern is established. These five test results will be averaged and recorded as the rolling pattern target density on the appropriate form. The pavement density will be monitored at a minimum frequency of one nuclear density test per 9500 feet of pavement or a day's production, whichever is fess. The density test results will be documented in the remarks section of the "Roadway Dally Report of Quality Control. If the dally average density varies by more than 0.080 Gmb (5 lbs f cu, ft.) from the rolling pattern target density the rolling procedure will be reviewed and a new, engineer approved pattern will be developed if necessary) Changes in rolling pattern will be done as modifications to the QCP with approval by the Engineer. In the event that the roiling pattern deviates from the approved procedure, placement of the mix will be stopped. HMA -5.9.3.7 Friction Courses: Will meet requirements for various Friction Courses listed in 337, including process control per 337-5 and roadway acceptance per 337-7, with emphasis on uniformity, smoothness, and density as required. Care will be taken not to over compact mixes and crush aggregate particles In final surface. HMA -5.9.4 Disposition of Failing Matedais: Failing materials will be handled per 334-9 Low Pay Factor Material, 330.5.3 Mix Temperature, 330-6.5 Contractors responsibility of Mixture Requirements, and 330.12 Surface Requirements. If mix, as determined by the Paving Level 2 Technician, appears to be out of specification, the following steps will be taken: HMA -5.9.4.1: Rechecking and/or retesting sample to validate test result and/or calculations. (As deemed necessary, an additional sample may be taken and tested to compare results.) (Provide information in this area on how the contractor will address Process Control failures. Suggestion: At the roadway, Page 10 of 16 M&M Asphalt Maintenance Inc.. dlbla All County Paving Office 561-588-09491 Fax 581-588-214011180 SW 101' Street, Deiray Beach, FL 33444 office 407-410-8069 1 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 irifo@allcounbMaying.com Members of ICRC, CAI, OUAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, AMA. PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Note: AS County cannot work around vehicles. Management Is responsible for towing when owners fall to comply with paving aaadiiar anal cost schedule. Palm Beach County: U-21491 Broward County: 13 -3A -17799 -IR Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 L—::, should nuclear denshy tests indicate we are not aettin-a optimum densft we will stop avin oDerations and determine what the problem may be. We will then change the rolling ttem to achieve the re uired o timum dansitv. The Pro"ect Emineer/Administrator will be notified so that he can document the change In the rolling pattern.) HMA -5.9,4.2: If the Composite Pay Factor is between 0.75 and 0.80 and upon approval of the Engineer, an Engineering Analysis Report (EAR) may be initiated. This evaluation will be in accordance with 334-9.4. The lab selected to perform the EAR will not be working on this project for the FDOT performing verification or working for (Contractor's Name) performing COC testing. The name of the lab chosen to perform the analysis will be submitted to the Engineer for approval prior to engaging their services. The lab will be accredited and approved to do the testing procedure required for the EAR. HMA -5.9.4.3: Will implement remedial action(s) (if necessary) to correct the problem. Will Include notations on daily reports of any changes In process. HMA -5.9.4.4: Will notify the QC Manager If necessary. HMA -5.9.4.5: Will notify the Engineer if the results exceed limits described in Section 334-7 or 334-9. HMA -5.'10 Testing Laboratories: The laboratory providing testing for this project Is: Prime lab: Secondary lab: Labs used for Quality Control testing will most the requirements of section 330-2.3.2. in the event the above labs are unavailable for testing, a laboratory (approved through the Department's Laboratory Qualification Program) will be used and the Engineer will be notified within 24 hours. (Provide the !Name, Lab Number, telephone number and address of all labs) Page 11 of 1tt M&M Asphalt Maintenance Inc., dfb/a Alk County Paving Office 561-588-09491 Fax 561-388-214011180 SW UP Street, Delray Beach, FL 33444 Office 407-SIOM g 1 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 info , alicountvnaving.corn Manbers of ICSC, CAI, SEFAA, WEM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, KAIOP, BOMAA, FHBA, APWA, MSM. MEM GFDOT CERTIFIED CONTRACTORS Note: All county cannot work around vehicles. Managernent Is responsible for tmving when ownsre fall to comply with paving andlor moat cost schedule. r Palm Beach County; U-21491 Browartf County., 19-3A-17799-8 Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 Concrete CNC -5.2 Personnel t<_ CNC -5.2.1 Qualifications: The following is a list of personnel that may be on the project and their qualifications. Conc. CTAP AGI Name Company TIN Level of anal level GNC -5,2.2 Level of Responsibility: The primary contact for the department on this project is the Quality Control Manager. Approved qualified personnel are responsible for inspection of materials and construction activities. The following personnel are authorized to accept or reject the concrete being placed on the referenced project: (List CTAP qualified personnel here) Level 1 — This level will check the plastic properties of the concrete which will include, but not be limited to, slump, temperature, air content, water-to-cementitious materials ratio calculation, and making and curing concrete cylinders. Duties will Include initial sampling and testing to confirm specifications compliance prior to beginning concrete placements, ensuring timely placement of initial cure and providing for the transport of compressive strength samples to the designated laboratories. This level will also be responsible for all reports and documentation. Level 2 — On major bridge projects, this level technician will be present on the jobsite during all concrete placements. Prior to the placement of concrete, the technician will inspect the element to be cast to ensure compliance with Contract Documents. The duties will include ensuring that concrete testing, inspection, and curing in the field is performed in accordance with applicable Contract Documents. Page 12 of 18 M&M Asphalt Maintenance I=, dlbla All County Paving Office 561-588-0849 I Fax 551-588-214011180 SW 10" Street, Delray Beach. FL 33444 Office 407-610-80691 Fax 407-M-200114800 Patch Rued, Orlando, FL 32822 !rTfo@_allcountMavina.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, 6913, FTBA, FHEA, LICA, ASC, NAIOP, 9OMAA, FHBA, APWA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORSO Note: AN County cannot work around vehlclea Management is responsible for towing when owners fell to eamply with paving andlor zeal omt schedule. '"V1114 - Al Palm Beach County, u-21491 Broward County, 13-3A 17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 CNC -5.3 — Raw Materials CNC -5.3.1 Source Primary Plant: Concrete Location Class/PSI Environment Mix Desi n# CNC -5.3.2 Certification: The Quality Control Manager or (name of designee) will verify that the concrete plant is an approved source to supply and produce concrete. The Quality Control manager will obtain a copy of all approved mix designs from the producer. CNC -5.3.3 Disposition of Failing Materials: See Producer's QCP GNC -5.4 Storage Facilities of Raw Materials Not applicable, as no storage of concrete will take place on this project. I CNC -5.5 Production Equipment: Refer to the Producer's QC Plan. CNC -5.6 Plant Requirements CNC -5.6.1 Plant Identification. Refer to Producer's QC Plan. CNC -5.6.2 Process Control System: Refer to Producer's QC Plan. CNC -5.6.3 Loading and Shipping Control: Refer to Producer's QC Plan. CNC -5.6.4 Types of Products Generated: Refer to Producer's QC Plan. CNC -5.7 other Requirements CNG -5.7.1 Copy of Certification: N/A CNC -5.7.2 Statement of Compliance: N/A CNC -5.7.3 Information on Producer's Quality Control Plan: Refer to the Producer's QC Plan. CNC -5.7.4 Describing Documentation Procedure: Page 13 of 16 M&M Asphalt Maintenance Inc., dlWa All County Paving Office 561-588-09491 Fax 581-662140 l 1180 SW 10"' Straet Delray Beach, FL 33444 Office 407-610-80891Fax 407-380-200114800 Patch Road, Orlando, FL $2822 infoitallcoun . gving.co n Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTSA, FHEA, UCA, ABC, NAIOP, BONAA, FHBA, APWA, PR15M, NEYRA GFDOT CERTIFIED CONTRACTORS Nova: AS County cannot work around vehkles INanaganant Is responsible for towing when ogrrlare fail Lo comply with paving andlor seal coat schedule. -4444 411 Palm Beach County; U-21491 Brovirard County, 13-3A 17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509632 The Quality Control Managers or (name of designee) will be responsible maintaining paperwork documentation. All documentation for concrete shall be kept at _ (Name and address) Quality Control information will be entered into the LIMS System at (Name and address) within 24 hours of the testing being completed. CNC -5.8 — Final Manufactured Product — Plant Operations: CNC -5.8.1 Storage - See Producer's QCP CNC -5.8,2 Disposition of Failing Materials - See Producer's QCP CNC -5.9 Final Manufactured Product - Field Operations GNC -5,9.1 Transportation: See Producer's Plan. All material will be delivered to project in an approved method, CNC -5.9.2 Storage: No Storage of concrete will take place on this project. CNC -5.9.3 Placement: The following methods may be used for placement of concrete. All personnel listed in section 3.2.1 and 3.2.2 are authorized to test concrete and/or make any necessary adjustments to concrete. All approved adjustment will be within FDOT Specifications. Concrete Location Method of Placement The following checked item will be taken into consideration and utilized and needed on the project: (Mass pour information if required name your specialty engineer if applicable. Note:this may be submitted as an addendum)_ (Cold weather concrete information if required) _(Weather Protection for Concrete Pours with method of protection_ _(Other information such as curing of the concrete that may be specific to the project) Page 14 of 16 M&M Asphalt Maintenance Inc., dlbla AN County Paving Office 561-588-0949 1 Fax 561-588-214011180 SW 10' Street, Delray Beach, FL 33444 Office 407-610-8089 I Fax 407-38D-200114800 Patch Road, Orlando, FL 32822 infodpallcauoWayino.com Members of HMC, CAI, 65FAA, (REM, CREW, AAQO, 8136, FTBA, FHEk UCA, ABC, MAIOP, BONAA, FHBA, APWA, PRISM, NEYRA GFDOT CERTIFIED CONTRACTORS Note: AN County cannot work around vehicles. Management Is responsible for towing when owners fail to comply with paving and/or wal cod schedule. Palm Beach County: U-21491 Broward County:l3-3A-17799-R w: Collier County,. LCC2011000105 Martin County, MCP5910 General Contractor, CGC1509532 CNC -5,9.3.1 Screeding of concrete: WA CNC -5.9.4 Disposition of Defective Materials: For all defective. materials, the following process wiff be followed.- CNC-5.9.4.1 ollowed: CNC-5.9.4.1 Notification: The Project Engineer/Administrator will be notified. CNC -5.9.4.2 Investigation/Analysis: Request of verification test results will be obtained. Communication with the producer and field personnel will occur to determine what caused the failure to occur, and what will be done Merent in the future to insure this will not happen again. Depending on results of materials the Contractor may in€tiate, with the approval of the Engineer, an Engineering Analysis Report (EAR) along with a request for the material to be left In place. In the event that an EAR is needed for the project, an independent lab will be selected and a revision to this QC Plan will be submitted naming the lab for approval seven (7) days prior to use. The lab selected will not be working on this project for the FDOT performing verification or working for ., (Contractor's Name) performing COC testing. The lab will be accredited and apRroved to do the testing procedure required for the FAR. CNC -5.9.4.3 Disposition: Information will be provided to the Project Engineer/Administrator advising of the current state of the material such as compressive strength test results. CNG -5.9.4.4 Corrective/Preventive Action: A report will be supplied to the Project EngineeriAdministrator advising of the proposed corrective measures. In the event that required corrective actions or pay reductions are mandated by the specification, they will be implemented. Communication with the producer and field personnel will occur to determine what caused the failure to occur, and what will be done different in the future to insure this will not happen again. CNC -5.9.4.5 Severe and/or repeated failures: Severe or repeated failures will require revision to the above process to be in writing. Page 15 of 16 M&M Asphalt Maintenance Inc., Wa All County Paving Office 561-588-0949 I Fax 561-M-214011180 SW 10th street. Delray Beach, FL 33444 Offlce 407-610-80691 Fax 407-380-200114800 Patch Road, Orlando, FL 32822 irlfo@allcoun#wayincl.com Members of iC5C, CAI, SEFAA, IREM, CREW, AAGO, 91513. FTBA. FHEA, UCA, ABG, NA10P, EOiMAA, FHSA, APWA, PRISM, kEYRA GFDOT CERTIFIED CONTRACTORS Nota: All County cannot wank around vehicles. Management la rosponsl4le for towing whin owners tall to comply with paving andlor seal coat schedule. Palm Beach County: U-21491 Broward County. 13-3Ar17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 GNC -5.10 Testing Laboratories Laboratories that will perform all concrete related Quality Control testing: Primary Laboratory: Lab # Secondary Laboratory: Lab # (Provide the Name, Lab Number and address of the lab) Attachments Page 1t; of Iti M&M Asphalt Maintenance Inc., dUa All County Paving Office 581.588-09491 Fax 561-58&214011180 SW 10'" Street, Delray Beach, FL 33444 Office 407-61G41M) I Fax 407-380-200114800 Patch Road, Orlando, FL 32822 infolZallcou ntWaying.com Member& of ICSC, CAI, SEFAA, IRt9M, CREW, AAGO, BBB. F rSA, FHEA. UCA, ABC. NAIOP. BOMAA. FHBA, APWA, PRISM, NE"A GFDOT CERTIFIED CONTRACTORS Note; All County cannot work around vshiGes. Mmom Bama nt is responsible for twAnp when owners fall to comply with pav ft nfWor seal coat schedule, .....,.`tK`CAWSL Ff,,"51' CRrrARy STATE OF FLORIDA DEPARTMENT REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD =1509532 � } I GENERAL CONTRACTOR Tied below IS CERTIFIED ; fer the provisions of Chapter 489 FS. 7iradon date. AUG 31, 2016 RITTER, MICHAEL M JR M & M ASPHALT MAINTENANCE INC. 1302 SOUTH J STREET LAKE WORTH FL 32460 ISSUED. aWlii4 DISPLAY`AS KtQUIRED tY LAW 0$ STATE OF FLORIDA DEPARTMENT OF BUSINESSAND .� PROFESSIONAL REGULATION COC1509532 ISSUED-, OW6Q014 CERTIFIED GENERAI, CONTRACTOR RITTf;R, MICHAEL M.JR M & M ASPHALT MAINTENANCE INC. IS CERTIFIED under the p.�ov[sfen■ of Ch 489 FS Expkaton w1ip AUA 81, 2016 LUD628 3725 SEQ 0 L140B260003725 �1lanijf• � i f BRR UM DATE (ieiIODA'YYYI ACORM CERTIFICATE OF LIABILITY INSURANCE 4/2912015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO WGHTI; UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE HOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUR4ER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICA'T'E HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED, the polley(les) most be endorsed. If SUGROGATION 13 WAIVED, subject to the terms and conditions of Use policy, certain policies may require an endorsement. A stallement on this certificate does not confer rights to the certificate holder In Ileu of such endorsemefit(sj. PRODUCER Keith Bowman CBIZ Insurance Services, Inc. 301 YarneW Road JON E„ : 561994-2210 . kbowrnan@Cbiz.coM _ IMMANRIS AFFORDING COVERAGE MAIC R Suite 3150 Baca Raton, FL 33431 MUSERA; Crunl & Forster indemnity Co. 131348 s u im M B M Asphalt Maintenance Inc NwRER e : North River Insurance Company 211135 R=KRC- Crum & Forster Indemnity Co. 31348 All County Paving Inc 1180 SW 10th Street Delray Beach, FL 33444 INSURERD: — — - INSURER F, RF: r�nvettwr_Ke r-r-ffnFN'_A M MKIUR1=R- REV1SiON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFfORM BY THE POLICIES DESCRIBED HERBlN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS A,ND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -RaTR TYPE Of iNisIIRANCE L POL1GY USER �. �� - 189TS -- A C GENERAL LIABILrY �— X. COMNEACIAL rr="WL LIARk" CLAiMSMADE O=R � = 5439945015 _ 1337371056 15.04134!207 4 ` EAr;H OQmw $1,000J000 3300 000 Mw EXP ant arson) $115000 PERSOHWL s ADV UIJURY S 1 040 000 OENMRALAGGREGATE ;2 000,000 �^— --•-- ffNL AGGR5GATELIMrrAPPU-S PER: POLICY 17 PR°- - LOC momiCTS. GCMP,Oa AGS. 31 0011000 — — - AD7OAOeILEUAeILITY F • ANY AUTO ALLL OWN0 FOULED AUTOS x Ng3F9 AIITQ$ qx AU' 08 0 IQCWR _ i 1 /3017015;044 Of201 i ;Fa S4lVGL fM3 11'000'000- GODLY NJURY (Par PMM) i BODILY INJURY Q'- amldent) 3 - PROPER DAMAG $ $ i a x UMRELLA LIAR ; y j EXCESS LIAG I rt M5,MADE I i 3811051087 41301;1015 04130!309 EACH DCCURREtACE $10,000,000 AGGREGATE 310,000,000 OED I k RETEIMON 510000 s WORIMRS COMPENSATION AND "KIDYiRW LIABILITY A��D(G1tJ ff77 E�riJrlltl YIN IMltnd9W In NH) Eyyr�e� d�e���baundrr DFSY�ui'r�ON OF OPERATIONS below N 1 A i I YYC BTATiI- r!R EA-- EACH ACCIDENT d S.L. EA EMPLOYEE 3 — DEMCRIPTION OF OPEMMONS 1 LOCATIONS I VEeCLES (ANach ACORD 701. AddhkRW R&M&*s wired * It mom *Pm* W MW*64) M B M Asphalt Maintenance Inc SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExPiRATTON DATE THEREOF, NOTICE WILL 5E !DELIVERED 1N 1160 SW 10th Street ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORED IlIrrATNE CBIZ Insurance Services, Inc. 01950-ZU1U lAGVKU GVMnff% l MR. /Nr IgnM reserrsar ACORD 23 (2016" 1 pf 2 The ACORD Hama and logo aro registered marks of ACORD 451088516 M1088420 BOGS AC;40R&' DATE (AMWDDlYYYY) �� CERTIFICATE �F LIABILITY INSURANCE F4/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiflcate'does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERC Black, Mack, A Whltz Insurance Group, Inc. 8 Military Trail Suite 100 Deerfield Beach FL 33442 NTI 'T Erika Pfeiffer PHONE . (9154)540-6225 FAX (954)640-6226 (AC- Nn1211 E4ML epfeifferftackinsurance.o= INRUBM AFFORDING COVERAGE MAIC # INSURERA=CI Insurance C INSURED M S M Asphalt Maintenance, Inc., DBA All County Paving 1180 SW 10th Street Delray Beach FL 33448 INSURER B A=8 Marine Insurance Co. INVIAM C: INSURER D: INSURER E, INSURER F: COVERAGES CERTIFICATE HUMBER.-CLI542832744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL IBR EP' SIM WAl1T5 COMMERCIAL GENERAL LUMBILITY CLAIMS-LUDE F -I OCCUR EACH OCCURRENCE S D S PREMISES (Es MED EXP (Any one on S GEN'LAGGIRELIATEUUITAPPLIES PER: POLICY E JECT E-1 LOC OTHER PERSONAL & ADV INJURY GENERAL AGGREGATE S PRODUCTS - COMPMP AGC, S $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SWEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED i COMBINED SINCAT; UMFT $ Ea Accideno_ BODILY INJURY(Per pmwn) $ BODILYINJURY (Pat sodderd) $ PROPERTY DAMAGE UMORELLAL LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATERIDED I I Pr-TFNTI S WORKERS COMPENSATION EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTFVE ❑ OFFICERIMEA®ER EXCLUDED? (Mandatory In NH) D RIPTI leLinder F O RA N f A 001-WC15A72204 5/1/2015 5/1/2016 PSERT UTE ERR E.L. EACH ACCIDENT $ I 000 000 E. DISEASE_ EA F-MPLCkEE S 1,000,000 E.L_ DISEASE - POLICY U MtT $ 1,000,000 H Inland M1r1ne CMA277234 5/1/2015 5/1/2016 SdledAedFqulpment $2,020,983 RentedTLeaaedrDeMcaole $300,000/65000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addrdonal Remarks SchwWlq, may ba attached N morn xpace is MgWmd) M & M Asphalt Maintenance, Ina. DBA All County Paving 1180 sw 10th street Delray Beach, rL 33444 SHOUL12 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Waltz/ERIKAP 0 1988-2014 ACORD CORPORATION. All rights ACORD 25 (2014/01) The ACORD name and logo are (registered marks of ACORD IMCrtIAC MIMAni, MATSON-ROdx SU Etg'FY GROUP September 11, 2012 All & M ASPHALT MAINTENANCE, INC. 1302 South J ST Lake Worth, FL 03460 RE: Letter of BondabOy To Whom It May Concern: M&M Asphalt Maintenance, Inc, is a greatly valued client of Matson -Chariton Surety Group and we hold its management in the highest regard. At the present time, M&M Asphalt Maintenance, Inc has a bonding capacity of $3,000,000 for single projects with a $5,000,000 aggregate surety program. At the request of M & M Asphalt Maintenance, Inc we would consider providing payment and performance bonds on various projects, subject to normal underwriting at the time of any bond request, including without limitation, prior review and approval of relevant contract documents, bond forms and project financing. M&M Asphalt Maintenance, Inc is a professional, responsive, and well respected company. If you should need further assurances on our fine client, please feel free to contact our office, u.n. wim ori in Attorney -In -Fact MATSON-CHARLTON SURETY GROUP 700 South Dixie Highway, Suite 100 • Coral GabieB, FL 33146 Phone: 305.4552.3852 . Fax: 305.661.4948 NAS9P Member ATTACHMENT "A" Construction Plane and Specifications Request for Bid documents, construction plans and specifications for the INVITATION to BID (ITB) Boynton Beach CRA NE 4t` STREET PARKING LOT & STREET ENHANCEMENT PROJECT Dated August 24, 2015 may be obtained from the BBCRA's website online at www.catchba ton-com or on CD/DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. xe 0 SL a 1• Pwk!mLct ft-DAM+18-1 Page 14 of 25 ATTACHMENT "A!' Exhibit 'W' Site Luton Map / - ��\: � \",® � 2 e 44 '© �:. ._I Wh----W "r—ML NEf■,r_k>rM_mw Page 1of25 � ,! ATTACHMENT "B" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Boynton Beach CRA NE 4" STREET PARKING LOT & STREET ENHANCEMENT PROJECT INVITATION FOR BID by entering YES or No in the space provided and indicating date received. No. 1 lark No. 2 No. 3_ No. 4_ No. 5` Date 3 to 115 Date Date Date Date Ail Signature Date Title k"H 411 St & 14 ft&fnzW rrma54m i s -i Page 16 of 25 Boynton Reach CRA NE 4TH STREET 8, 15T AVENUE PARKING L07 & STREET WA4LRA jj�� ENHANCEMENT PROJECT limley o Horn Cob'ts Associated with the Aarhin;q Lax Scopio - " •ITEM OF WOM C" ', . UNrr UNr-T COST SUBTOTAL Site and Paying, aradinna Materials and installation Removal of Existing Pavemsrd 810 SY $ 0.65 $ 581.50 Excavate 3' Deep 718 CY $20.65 $ 14,826.70 Removal of Existing Concrete 300 SY $ 0.90 $ 270.00 Removal of Bollards 37 ESA $ 50.00 $ 1,85D.00 Rework Limerock Base 780 SY $ 12.25 $ 9,310.00 1-112" Type S-1 Pavement 780 SY $ 17.10 $ 12,995.00 Concrete Sidewalk Be SY $ 56.25 $ 4,837.50 Pavers 130 SY $ 58.31 $ 7,580.30 Type "D" Curb 175 LF $ 16.00 $ 2,800.00 Concrete Wheel Stops 21 EA $ 33.00 c 693.00 Pavement Markings/Striping 1 LS $ 6,520.00 $ 8,520.00 Signs with Posts 1 EA $ 1,325.00 $ 1,325.00 Relocate Single Post Sign 1 EA $ 250.00 $ 250.00 Silt Fence 405 LF $ 2.10 $ 850.50 Construction Fence 405 LF $ 9.45 $ 3,827.25 Sail Tracking Prevention Device 1 EA $ 3,500.00 3 3,500.00 Subtotal Sita Demolition and Paving,Grading and Dralna a Materials and Installation $ 72,827.75 Landscape and Hardscape, Materials and In"Istign Live Oak - 4" Cal. 16' HT x 7' SPRD 6 EA $ 875.00 $ 5,250.00 Cabbage Palmetto - FG. 18'-22' CIT Slick Trunk 10 EA $ 312.5Q $ 3,125.00 Thatch Palm - V OA Double TrunN 11 EA $ 760.DI0 $ 8,250.00 Raspberry Bromeliad - 7 GAL 7 EA $ 125.00 $ 875.00 False Agave - 7 GAL. 17 EA $ 125.00 $ 2,125.00 Petra Bromeliad -1 GAL. 30 EA $ 31.25 $ 937,50 Gazpacho Bromeliad -1 GAL.. 52 EA $ 31.25 $ 1,625.00 Sand Cord Grass -18" HT 101 EA $ 10.00 $ 11010.00 Dwarf Fakahtachee Grass -18" HT 151 EA $ 10.00 $ 1,510.00 Storrs Mulch - 2" Mver Rock 94 3" depth w weed fabric 15 SF $ 375.00 $ 5,625.00 Boulder - 24" x 36" x 10' Approximate We 10 EA S 350.00 $ 3,500.00 Mulch for project at 3" Depth 30 SF $ 62.50 $ 1,875.00 Aluminum edging 640 LF $ 7.50 $ 4,800.00 Landscape Watering 1 LS $ 12,750.00 $ 12,750.00 Subtotal Landscape and Hardempe Materials and Installation $ 53,257,60 General Items as % of Materials and Lnatallatlon Insurance 1 LS $ 1,500.00 $ 1,500.00 Bond (If required) 1 LS $ 51500.00 $ 5,500.00 MOT 1 LS $ 300.00 S 300.00 General Conditions 1 LS $ 5,455.00 $ 5,455.D0 Mobiltration l LS $ 2,391.00 $ 2,391.00 Contractor's Fee 1 LS 2,500.00 S 2,500.00 Subtotal General Items $ 17,846.00 Grand Total Opinion of Probable Coat $ 142,93125 11.5merock, asphalt)Altemata Item Full Pavement Section (Comp Sub " Li 760 SY $ 43.50 S 33,080.00 KCpOCt�EYr+'li-eeunade. C�111U9 WCRIl91CJf�tBdf eb5aao-mnqW, 9wy,�7�Mh.P�++wJn!_cew.P�d er..Mia,nfor2Ael.e4�rt 4rla Boynton Beach C#;;a4 mr.EzRcRA NE 4TH STREET & 1ST AVENUE PARKING LOT & STREET ENHANCEMENT PROJECT Kimley>>)Horn Goss Associated with the ROW Scone -1TEWl OF WORK QTY UNW I UNIT CAS`Ir ; - SUB TOTAL Site Demolition and Paving, Grading and Drainage Materials and Installation 1-112" Type S-i Pavement 45 SY $ 17.10 $ 769,50 Rework Limerock Base 45 SY $ 12,25 $ 551.25 Removal of Existing Concrete 34 SY $ 0.90 $ 30.60 Removal of Existing Pavement 45 SY $ 0.65 $ 29.25 Concrete Sidewalk 25 SY $ 56.25 $ 1,406.25 Pavers 20 SY $ 41.65 $ 833.00 Type "D" Curb 260 LF $ 16.00 $ 4,160.00 Pavement Markin s/Stri in 1 LS $ 5,250,00 $ 5,250.00 Subtotal Site Demolition and Paving, Grading and Drainage Materials and Installation $ 11,029.85 General Items as % of Materials and Installation Insurance 7 LS $ 11500,00 $ 1,500.00 Bond (if required) 1 LS $ 2,000.00 $ 2,000.00 MOT 1 LS $ 300.00 $ 300.00 General Conditions 1 LS $ 2,850.00 $ 2,850.00 Mobilization i LS $ 1,500.00 $ i 1,500.00 Contractor's Fee 1 LS $ 2,500.00 $ 2,500.00 ' Subtotal General Items $ 10,650.00 Grand Total of Project Costs $ 23,679.85 Alternate Items Removal of Existing Wood Pole 1 EA $ 500.00 $ 500.00 UACPWW9MrLl01.5h@M0ffep GoWAPLEM WOWS CURRANT BILi.4`93o-15 Boynton BmNW B AkY=Wni_toLRdw CosLekLsreakdm LF&I Aeeendurn_I {acct * ATTACHMENT "D" BID COST ACKNOWLEDGEMENT Project Title: NE 4t` STREET PARKING LOT & STREET ENHANCEMENT PROJECT Name of Bidder: Pau A 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," Construction Plans and SAeclflcations. 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 Invitation to Bid, including all Attachments and Addenda. The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project: GRAND TOTAL: $ 16UMI One *W1gkrt A-OwAl-$IY'V+A ^ Dollars and Tom Cents (amount written in words has precedence) 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 _1�„r calendar days thereafter. Vol One (1) original and one (1) unbound copy of Bid submitted ✓ One (1) cd disc or thumb drive containing copy of Bid 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 all Invitation to Bid Documents including all Attachments and Addenda thereto, and agrees that if selected and a contract with the BBCRA results from such selection, Bidder will perform all items, covenants and conditions in exact compliance with the requirements of this RFP and any resulting contract. 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 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. The Bidder, by submission of this Bid, acknowledges that the Bidder has been advised that in the event that the Bidder contests the award of this Project to another Bidder, the Bidder's damages, if any, are limited to actual Bid preparation costs, and Bidder hereby waives any NE a`st & 11 P."Larrmwamv Page 19 of 25 claim it may have for other damages corning from the Boynton Beach Community Redevelopment Agency's failure to award the Project to Bidder. Date: Name of, Bidder, Corporation, Firm or Individual By: "A W&M - -- Printe dlryped Name �M(Aex+ Title Ew- -blm Telephone Number State of Florida Contractor License Number:—PPINSS Q- NE.0St& l°P.V vLntIreo 49410-1 page 20 of 25 ATTACHMENT "E" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Subn,dt Bias To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Issued Date: August 27, 2015 Project Title: NE 0 STREET PARKING LOT $ STREET ENHANCEMENT PROJECT Bid Submission: September 30, 2015. Bids must be received in their entirety by the BBCRA no later than 3:00 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 Bidder: ILL,k`k�,� Federal I,D. Number: A Corporation of the State of: Telephone Number. (SA } - UNR Fax Number: pAq i� Mailing Address: � y L City: W f au State: �,� zip: & -Lk Name (Printed or Typed) NE a0'St a t' Pxk reCa M04418-1 e-1 Page 21 of 23 ATTACHMENT "F" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE I. Name of Bidder(s) 2. Business Address: 3. When Organized: 4. Where Incorporated: L -al 1 ao os Pe.-� �. Pearin A - s -M 4 fid at . a C-69 FttxC la S. How many years have you been engaged in the contracting_ years business under the present firm name? 6. General character of work performed by your company: C1. ,% - .__,it% - __ t it -- A- - -- 7. Enclose cobies of required licenses and/or business permits. 8. Number of Employees: AM— —. 9. Bonding Capacity: lip w : fi 10. Experience in performance: kwse ak �}�f e-4 Pro a Value Contact Name s Phone # S NE a• 31 & it ft**w rrBM43418-1 Page 22 of 25 W z 7V c0 [i7 N N N @ LL�pp % rl P A 1 3 ko n p�p mA 'Ln in �fNyt�O N {�,]� Ol M � 40erg D{ � � C1 N � � pp h in � 1Lfl 171 W G au o E m d N m 421 �j a 9 C T a o O O C o E C o w d ,� N oac R N c .-. i1 O N c v 4 N e u 4 W u C o coa IV C7 L a o y c lu L7 N o C N G m Am {H 10 pp � X Z g O M m � z T. 2 ami ...1 � � Ini 41b. �mw iT N4^ pp C1 4a d�� �i N m N 1il ASR N vl7 Ln v3. ch aoo 74 t4 m ry O a u g = N 1n m U a�a. o o Y y a a Q i,' t 1v r a a fir' a i rLo E Ar U 1`c E U `m E L U m y,.! Q p c n 4 v H m 9 u a *!1. � c �P G 7 dto a C Q R0. m CL p! m n.Cj oto N n h f0 = r A rG ATTACHMENT "G" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this Pfoject for any reason. Attach additional pages it necessary. Project Title: NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT Issuance Date: August 27, 2015 Bldder(s)'s Name: Tka. % * Name/Address/Phone of Subcontractor Type: of Work to be Performed Dollar Amount % of Total Name: Address: Phone: Name: t s a Address: Phone: Name: Address: Phone: NO au St t r' Pakbglat rt6o 4419.1 Page 23 of 25 Attachment "G" Name/Address/Phone of Type of Work to be Dollar Subcontractor Performed Amount % of Total Arazoza Bros., Corp. PQ Box 924890, Homestead, FL 33092 Landscaping $53,257.00 35% 305-246-3223 Robles Concrete, Inc. 1531 Drexel Rd. West Palm Beach, FL 33417 Concrete $21,618.00 1490 561-723-9536 Line Design Solutions LLC 2436 N. Federal Hwy, Ste. 426 Lighthouse Point, FL 33064 Striping $8,095.00 6% 954-448-1768 Roadsafe Traffic Systems 2150 Scott Ave. West Palm Beach, FL 33409 MOT $300.00 1% 800-842-6813 Engenuity Group 1280 N. Congress Ave. Site, 101 West Palm Beach, FL 33409 Survey $4,196.00 3% 561655-1151 ATTACHMENT "H" 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 Lim 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. III■..,_ ti�i f alt s ►, I. ` 1 NE P St & V PskingLnt rMOD- Ni& -1 Page 24 of 25 ATTACHMENT "I" 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. 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 commodiffes 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: 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. 1) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 2) Give each employee engaged in providing the commodities or contractuai services that are under Bid a copy of the statement specified in subsection (1). 3) 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)1 days after such conviction. 4) 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. 5) 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 abglve requirements. A 1% kidd Signature &a ,fi .1 rA Name (Printed or Typed en���� Title NE 46!k & VPk4,L.1nWD5418-1 Page 25 of 25 ITB Response JMW Construction Corporation Boynton Beacb CRA 701 N. Federal Highway Boynton Beach, Florida Bid Proposal NE 4th Street Paridng Lot and Street Enhancement Project Bad Submission date: September 30, 2015 — 3:00 PM Submitted by: JMW Construction Corporation 4163 Artesa Drive Boynton Beach, Florida 33436 561-752-0480 JnYw eegbelbouth net FU - CGCO25814 2.0 Bidder's Registration 2.3 Bidder's History 2.4 Organization. 2.5 Relevant Experience 2.6 Quality Control 2.7 Preliminary Schedule 3.0 Bid Pricing Attachments Licenses and Insurance Bonding Letter .Addendum 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 foibm. 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. 2.2 Bldder(a)'s Location and Registration Larne: —TtA ( (Int � rU a no n n Street Address: 4%(o3 Ae:m--,A Dr••vS Mailing Address: City, State, Zip: � _ fcoti6OA. 524"6 Telephone No.: 56t - -Tgl -- 0"0 Fax No: 5j6l - -Ts?-- o4j, i Email Address of Contact Person: .—jam -�nyJVLa-Lna.. LOVA Federal Identification No. _ lo5 - g23-j..i lot,, State of Incorporation & Registration No.: CA CcAC m-6g?4 If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bldder(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 organization and management efforts. 2.3.2 Age of Organization In continuous business since: 3M 19222 2.3.3 Leadership List Corporate Officers, Prindpals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 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. Nee+&t j'ft w"rnWW4 1&1 Page 10 of 25 2.3.5 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. 2.3.6 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. 2.3.7 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 Omani zation -Construction Services Vin; -Site Provide a list of names of individuals who will perform the on-site functions of Project Management & Supervision during the Project's duration. It is expected that a Project Manager or Project Supervisor will be on site during any work performed during the term of the project. 2.5 Relevant Construction & Project Experience Relevant experience of project in which Bidders) performed General Contracting Firm services as outlined in this ITB are to be listed in the table shown in Attachment IT" Statement of Relevant Construction Experience. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as WX 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 ITB. For each project listed in this table where Bidders) self- performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis, corrective action, and interface with building inspectors, owners, and consultants. 2.7 Schedule Achievement Program Provide a "Gantt style" time schedule for completion of the Project and describe what techniques are planned to ensure that the schedule will be met. xE fi 3L at r rmoasax 4n -x Page 11 of 25 2.8 Subcontractors If a Bidder subcontracts any portion of the Project for any reason, the Bidder 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 "G" Schedule of Subcontractors 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, who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. 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, they shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the Project. 2.9 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 `7" Drug free Workplace Cerillf edon. Failure to include an executed certification may cause the bid to be considered non-responsive. 2.10 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials head by the company required to complete the project. 2.11 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their Bid. 2.12 Bonding Capacity Bidders(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 Bid costs shall be provided in the format shown in Attachment "D" Bid Cost Acknowledgement Form along with a breakdown of costs for the project scope the Bidder(s) will responsible for undertaking to complete the Project as per the construction documents for categories and subcategories as listed in Atfachmenf '`C" Bid Cost Breakdown Form. If there are any additional line Item(s) that the Bidder would like to include that are not included in Attachment "C" Bid Cost Breakdown Form, the Bidder shall request the line Mam(s) be added in accordance with Section 1.12. xM.' a & 1" FWkw YMOOS IS -1 Page 12 of 25 2.3 Bidders History 2.3.1 BM&m Owrrersin S'ww JMW Construction is currently 100% owned by John Wille; the business is not currently for sale or involved in my transaction to expand or to be acquired. 2.3.2 ,edge of Organkalion. JMW Conshwtion Corporation was incogmn ted on December 20,19$8. Z3.3 Leadawk4 : John Widle President Lary Cellon Vice President 4 i'a&m fe a*VWc JMW Construction Corporation has not dehu had on or failed to cornph to any prrjects over the past 36 months or over the past 26 years. 2.3.5 LiqnMkW DmmWes: JMW Construction Corporation has not paid or been assessed any liquidated damages on any pmject over the past 36 months or over the past 26 years. 2.3.6 Legal Acd om. JMW Conshvction Corporation does not have any current; pending or anticipated legal mons. 2.3.7 Codd Pro, jugs: 1) Pmject Name: Owner. Contract Amount: Cast of Change Orders: Final Contract Amount: 2) Project Name: Owner: Com Amount. Cost of Change Orders: Final Contract Amount: 318'Avenue Park City of Lauderhill, Florida $ 320,000.00 sue S 3209000AD Grawy Key Fire Station, #15 City of Marathon, Florida S 11600,000.00 $ 0.00 S 1,600,000.00 3) Project Name; Water amt Community Entry Features Owner: Standard Pacific Homes Contract Amount: $ 97500.00 Cost of Change Orders: $ 0.00 Final Coft act Amount: S 975,000.00 2.4 Organization and Project Personnel Qualifications 24.1 OrgamAmdoa -- Canatraakm Sam*w On W-. Pmiect Manager: John Wille Field Supwkkmkmt harry Cellon Res ms for ece h are attach• JMW CorNrUdIOn Corpo Udon John X Wille RMAI: Education: Bachelor of Arte in Buil ft ConsUucdmr university of Florida Md#or: Building Cons — Bachelor of Arts in Business Administration Florida Atlantic university Major: Business Administration Lacaensea: State ofFlorida Ganerai Contractors License License # CGC 025814 — Class UnIhnited -- State of Florida Standard Binding hwpector License # BN 4538 State of Florida Standard Plans Examhur Lica m # PX2266 State of Florida Community Association Manager License # C"26565 — State of Florida Real Estate Sales Associate License # SL 3049826 Work ExpeAmce.r Construction: 30 Years Constraction Bqwlmw Business Development Cam ftdiom Mwtagerneit Chief Estimator Project Management President - JMW Conshuchon Carpciatimi Boynton Beach, Florida JMW Construction is a small sized General Contracting company opemdng in the commercial and institukiond construction markets. Responsibilities include caaporabe adminis[rator, chief estimator and c�racts administrator. Consulting: 18 Years Consulting BxperYestce Construction Management Facilities Maintenance, inspection Services Provide construction management support and inspecfk m services to Parsons Brirkerho€fConsducti(m Sesvicca as pant of the Conshv Won And Materials Engiaza ft Management consulting Services Team for the Florida Department of Trapnsponation Tivmpilw District. Seavcd with Ray Jorgensen Associates as part of a consulting beam charged with providing Maintenance Ragme wing Consultant Services to the Florida Department of Transportation TurnpOw District. Raponsibdides included: • Design, &velopma t and implementation of an automated comprehensive Facilities Mabtwance Mmugemo t System MVM). The FMMS resulted in a comprehensive approach to the management And maintenance of the Tminp&e's building facilities and their related aces. JMWC"NrUCdV# CogwrWOR Larry & CeHen Enroll: Edwadox: Bachelor ofArts in Building Construction University of Florida Major: Building Construction OrgaNkAdONs: -- City of Boca Raton Community Appearance Board Serving since 1989 Liaerrsles: ICC Certified Commercial Building inspector iW'ork B,Wrkmw Constraction: 30 Years CmWnucdm Eqedence Pmed M=qPmft Estimating Field Supervision PMJ*dMauagea - .iMW Construction Corporation Boynton Beach, Florida Respo fble for all phases of work from scheduling to project close-out. Work duties include: a Scheduling • SubconIzaictor buy-outs o Budgeting ® Jobsite co-ordination oftrades • Shop drawing review and approval • Reviewing and approving all invoices • Requisition preparation for the ownedclient • Scheduling and completing all jdkite inspections m Punch list completion and Project close-out. Project Ezperienee: Onr Lady of Florida Renovation Complete Renovation I Restaration to existing Mowry Faeiiities Contract: $8,200,000.00 Barn Design Center, Phase 1 & 2 New Commercial Warehouse Buildings — 200,000 sqf} Contract: $7,600,000.00 Pope John Paul High School Science Wing Now Music and Science Classroom Building 10,000 sgft Conner: $ 2,300,000.00 St. John Catholic Church Naw Sanctuary Building and Gathering Pavilion 17,000 sgft Compact: $5,250,000.00 John Mullin Aquatic Paris New Comn a ty Center and Competition Swimming Pool 5000 sgft Contract: $1,400,000.00 Dania Cove Park New Music and Science Classroom Building Contract: $ 468,808.00 39, suet Canal Trail New Linear Pmk Contract; S 809,964.00 Watercrest Entry Features New Guardhouse with entry water features Contract: $ 975,000.00 Montclair Clubhouse New Residential Community Clubhouse Building with Fool Contract: $ 475,000.00 2.5 Relevant Construction Experience see A&whmew `r 2,6 Quality Control Program JMW has a commitment to high-quality of our work product and that commitment is instilled into our supervising staff and our trade craftsmen. There is no substitute for quality. Our approach to maintaining construction quality is on -aft supervision of All work activities. JMW believes in maintaining °`Full Time - On -Site" jobsito supervision and that will be our approach to the NE 0 Street PaMng Lot and Street Hob icement project. I+hril- rime — On -Ste Supervision: r Oversee the day to day work activities of the JMW crafts personnel and trade subcontractors. a Perform daily inspections of work performed by JMW craftsmen. a Periform daily inspections of work performed by all sub4rades. Identify worbnansho dejtclencies and review with the appropriate craftsmen or trade supervisor. e Acceptor Refect work based on conformance with plans, industry standards and worbnanship q" ity- • .issue directive for remedy of any deficient work items: • Follow-up Iran w ions. Documentation: • Superintendent to keep "Daily Job Report* (see attached copy) • Project M=ger to keep project programs meeting noft. Progress meetings arc typically scheduled onca a mouth depending on the type of and duration of the project. Building Department 1 Iinpector Interface: • A representative fim JMW Construction shall be present on-site for all building department inspections. (this typically is time respomaVk ofthe SWerWandent; bowever on days of multiple on-going work activitias it may be nememy for another supervisor to assist with to workload) Architect / Engh wr / Owner Interface • The project will include periodic "Job Progress" meetings as a normal course of business. These meetings maybe weekly, W Y or monflY as the job requires. The meetings will be attended by tho job Project Manager, the job Field Supmin &ra, a representative from the Engineer of Rem d and a repre$mtative from the owner The Project ma w4pr shall prepare an agenda that will include a current progress report and discussion items for any current or pending issues. These meeting are provide an opportanity for the all ves to become current with job progress, to review pending documentation and or issues so that tate job flow continues utrintelrnpt & 04 nDesch CRA NE 4TH STREET S 1ST' AVENUE PARIONG LOT S STREET CRA ENHANCEMENT PROJECT Kimley>> Casts Aasoelated IvM On Pad m ILS x..Istuod tm IliaTrla+ Ww.Iti, zO,a ITEM OF WORK QTY UNIT UNIT DOST SUB TOTAL fills Dwnmlltlon and Ravlea. 9WIng Removal of Existing Pavement and Matatals 1,278 and lnfolMilam BY 12.00 $ 15,240.00 Excavate 3' Deep 525 CY 9.00 $ 4,725.00 Removal of Existing Concrete 125 SY 24.00 $ 3,000.00 Removal of Bollards 37 EA 75.00 $ 2,775.00 Rework Limarock Base 750 SY 10.00 $ 7,500.00 T-1f2" Type 84 Pavement 750 By 13.50 $ 10,125.00 Concrete Sktk 45 5Y 45.00 3 2,025.00 Pavers 0 SY 60.00 Type "l9" Curb 145 LF 18.00 $ 2,175.00 Concreb 41 how Stops 21 SA 45.00 3 945.00 Pavernent Marklro9siStriping i LS 3,500.00 $ 3,580.00 Signs with POW 1 EA 350.00 3 350.0 Relocate Single Post Sign 1 EA 150.00 $ 150.00 Silt Fence 400 LF 2.00 $ 800.00 Construction Ferre 400 LF 4.00 5 1.800.00 Boll Trecking Prevention Device 1 EA 81500.00 $ 8,500.00 Subt*W Site Demolition and PrAng, Gradhg sed Drainage Mokwiells and lnmWINon 61,41040 LNG Oak - 4' Cal.1$' HT x T SPRD 8 EA 908.00 $ 5,448.00 Cabbage Palmetto - FG. 16',22' CT Slick Trunk 10 EA 190.00 S 1,900.00 Thatch Palm - 8' QA Double Trunk 11 EA 480.00 $ 5,080.00 Raspbaffy Bromaliadl - 7 C,AL. 7 EA 45.00 3 315.00 False Agave - 7 GAL- 17 EA 80.00 $ 1,380.00 Peft Bromeliad -1 M, 30 EA 18.00 $ 540.00 GazpmW Bromelled -1 GAL. 52 EA 20.50 $ 1,065.00 Sand Card Grass -IB" HT 101 EA 9.00 $ 909.00 Dwarf Fakahladme Grass -1If' HT 151 EA 9.00 $ 1,359.00 Stone Mulch - 2" River Rock a 3" depth w weed fabric 4000 SF 1.50 $ 6,000.00 Boulder - 2-V'x 35'x 10" Approxhails Size 10 EA, 100.00 $ 1,000.00 Mulch for project at 30 Depth 12000 SF 0.07 $ 840.00 Aluminum adging 800 LF 4.50 $ 2,700.00 Landscape Watering 1 LS 15000.00 $ 15,000.00 Su6bAal LangRM and I-lardwain Materials and Installation $ 43 97.00 92NO W= as Insurance Ik of Naftk and Inoblifto 1 LS 3 8,294.42 $ 8,294.42 Bond (W mqulred) 1 LS $ 3,247.81; $ 3,247.88 MOT I LS 3 4,500.00 $ 4,500.00 General Conditions LS $ 18,000.00 3 18,000.00 Mobilization c LS $ 4,000.00 $ 4,000.00 Contraclor's Fee 1 LS 15 738.05 3 115,730.05 StditMl General Itwns S 49,778.15 Grand Total Opinion of Probable Coat 6 �al4,aaa.ie Full Pavement Section (COMD Sub 11.5" LWmroM mWelt)1 SY 16 33.00 +spa.am�travoo�-aernen.�..�e-a+�n-aa r,;�;o� Boynton Beach CRAW&CH9cRA NE 4TH STREET & 1ST AVENUE PARKING LOT R STREET ENHANCEMENT PROJECT Klt'1'1ley* H o r a.l Costs Associated with the ROW Scope ITEM OF WORK QTY I UNIT I UNIT COST SUBTOTAL Slft Demolition and Paving, Grading n Materials and Ins l n 1-112" Type S-1 Pavement 175 SY 13.50 $ 2,362.50 Rework Urnerock Sana 200 SY 11.00 $ 2,200.00 Removal of Existing Concrete 35 SY 24.00 $ 840.00 Removal of Existing Pavement 225 SY 12.00 $ 2,700.00 Concrete Sidewalk 75 SY 45.00 $ 3,375.00 Pavers 136 SY 80.00 $ 8,100.00 Type "D" Curr 235 LF 15.00 $ 3,525-00 Pavement Markings/Striping 1 LS 4,800.00 $ 4,800.00 Subtotal Site Demolition and Paving, Grading and Drainage Materials and Ira tailation $ 27 902.190 mineral UN119 as of gWrimil and Installation Insurance 1 LS $'1,674.15 $ 1,674.15 Band (if required) 1 LS $ 697.56 $ 697.56 MOT 1 LS $ 2,500.00 $ 2,500.00 General Conditions 1 LS $ 7,500.00 $ 7,500.00 Mobilization 1 LS $ 2,500.00 $ 2,500.00 Contractor's Fee 1 LS $ 4185.38 $ 4,185.38 Subtotal General Items $ 19,057.09 Grand Total of Project Cons $ 46,959.59 AJftrnate (items Removal of Existing Wood Pole 1 EA $ 1,200.00 $ 1,200.00 awersu u�w NE4M Wrs.um„- eoflftrAU PmpoW a,o. em pfMM ATTACHMENT "B" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Boynton Bach CRA NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT INVITATION FOR RID by entering YES or No in the space provided and indicating date received. No. 1 Date _ b W%s No.2 Date ! No. 3 Date No. 4 _ Data No. 5 Date 1Atbi Tale =.. C saa� 50 z0vii Date I XE�'&,L 1'PmVngWrr2WM14J&4 Page 16 of 25 ATTACHMENT "Du BID COST ACKNOWLEDGEMENT Project Tice; NE Vh STREET PARKING LOT A STREET ENHANCEMENT PROJECT Name of Bidder: ..TM W Co-_3o"Tion 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 servioes necessary to complete/provide the work specified by Attachmnf "A," Construcft r Plans and SpecHkations. 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 Invitafion to Bid, including all Attachments and Addenda. The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project: �c►►�c-� �-o-r Roil GRAND TOTAL: TWO` � �s'"as Dollars and Cents (amount written in words hah precedence) The undersigned Bidders) agrees to commence work within ten (10) calendar days after the date of the `Notice to Proc eedo has been awarded and shall achieve substantial completion without interruption within 1207 calendar days thereafter. V One (1) original and one (1) unbound copy of Bid submit V One (1) cd disc or thumb drive containing copy of Bid 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 all Invitation to Bid Documents including all Attachments and Addenda thereto, and agrees that if selected and a contract with the BBCRA results from such selection, Bidder will perform all items, covenants and conditions in exact compliance with the requirements of this RFP and any resulting contract. The Bidder(s), by and through the submission of this Bid, agrees that he or she has examined and shall be held responsible for hawing 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. The Bidder, by submission. of this Bid, acknowledges that the Bidder has been advised that in the event that the Bidder contests the award of this Project to another Bidder, the Bidder's damages, if any, are limited to actual Bid preparation costs, and Bidder hereby waives any aE46 SIA 1"P WNLOMMUMI&i Page 19 of 25 claim I may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project to Bidder. Date: Texn6. 3Q 20t5 Name ofj.wa#ion, Firm br Individual By: Printed/Typed Name pole -a t erer -r Title . k - -tS x.. - 04JbO Telephone Number State of Florida Contractor License Number: _ ral C - 02s b 14 - NEO SI d 16hrkb" RBM Mibi Pap 20 of 25 ATTACHMENT "E" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach. FL. 33435 Issued Date: August 27, 2015 Project Title: NE 0 STREET PARKING LOT & STREET ENHANCEMENT PROJECT Bid Submission: September 30, 2015. Bids must be received in their entirety by the BSCRA no later than 3A0 pm. (local tune). 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 Bidder.-�Mi1S-trwG��a�oM•3o�t.d.�ia n Federal I.D. Number: 21 ems, ' A Corporation of do State of.- Telephone f:Telephone Number: ( 621 j - Fax Number. {q�1 ) -67-- til- I Mailing Address: 4165 Am-re:sj. DimojF.. .� P -*,&C4 4 .1i City; w State: Zip: 54B Lf aJokb-a L,#J r Vle Name (Printed or Typed) �AEsffl�en Title aE44 1&1"FwU81An505ft4M] Page 21 of 25 ATTACHMENT "F" STATEMENT OF RELAVANT CONSTRUCTION a PROJECT EXPERIENCE 1. Name of Bidder(s): --TMv ; n►1 ez�ti �,)p parr n 2. Business Address: 416b Deja 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting 21p years business under the print firm name? 6. General character of work performed by your company: 7. Enclose copies of required licenses and/or business permits. &EIL &A-Ac0ah 8. Number of Employees: 9. Bonding Capacity: -Al-f-"ED eany;,!� 10. Experience in perk mance: �t9 Value Co tart Name -:lo40 ALmF-z C run eu6mv NEO&A r rraaaa�s„ai Pop 22 of25 Phone 95%- '75 %S5 954- =- $16 15+-32-4-k500 5"101 bud -151 b %7_ - 1146 A(fYCouawtron Corporation ---" 14(ret-I Canal Trail CRC fOakland Pork & >wlorida 1lepsrtineni tj V 1'runs1)1,rlvt nn Scope: New Linear Park including the foIllowing: • Paved Walking Trail's mile long • Linear Paved Parking Tturn-puts AMpavbjW Av DLOLT Skindank and Spm fiaadens • Architectund Precast Paver walk ways • Site benches and trash can • Site grading, drainage and water service • New landscape and irrigation system. Prajeet Cost: S 809,964.00 No Chmjv Oars Completion: February 2013 PnaJM Cbm~ on &Aeduk owner. City of Oakland Park and the Florida Department of Transportation Contact: John Perms Phone: 954-757-4153 11Cn•a: johnmpoonklandparkUrg Architect: Calvin Giordano and Associatm, Architects and Engin Note: We completed the paved walkway on both sides of the canal banks JMW COirat UCaon Corporation 'As4i rcruM Rusfdraliul Conjiminity Entry Fer- Scope: Construction of mann entrance to the community. Work included front entry site development with grading, drainage, paving, and curbing. Additionally, the project scope included project entry feature walls, and the main entry gatehouse with water fountain feature Project Coen $ 975,000.00 Competed: October 2014 Owner; Standard Padit Homes Cots Rub Smithwick — ike Proems ca n*na , /Sou Puwa Dhhim Phour. 954-535-2536 EMMU: ramithwich@stanpac.com JMW Cana[ruction Cotpawam 'Project: Tt.{ •,;.; r , w �.� `_. r Scope: New City Park including the following: a Dania Hench Cove ,__� 02-24-12 • Concrete ' wmdng Vail • 2 picnic pavilions with picnic tables • !wall Retaining Wall • Site benches and trash caul • New paved p&Mng lot • New landscape and irrigadon system. Project Cast: S 468,808.00 No Cie Oar m Completion: November 2011 Profed Com pided an Sew&* Owner. City of Dank Beach Contact: Kristen Jon" Picone: 954-9244M Email: kjones[a &dsnia-beech fLus Architect: Cavia -Giordano 8a Associates, hw. a Dania Hench Cove ,__� 02-24-12 JMW Cansr Wtion CovpmWinn h P11 Uldk SCh091 A:1:lc--14- Vit -W.5, amtdl 4;00 is Riviera Beach, Florida scope: Construction of a new sports center complex for the School District of Palm Beach County. The project included: • Competition Sports fields games and practice e Running tracks with related track & field modules + Tennis Courts Badnetball Courts • Baseball and Softball MWds • Restroom building with storage The project included all clearing and grubbing of the site, importing over 70MO cy of fill and grading site, installation of a storm drainage system tied to the retention pond (in bottom left) and new sod for all Odds. This was tarn -key for the School District and was completed on schedule and in budget Project Cast: $ I,581'Muo No CAmW Ordus Completion: Febraary Zoll Project Cmc on scheide Owner: School District of Palm Beach County, Florida Contact: Glen Armbruster, Senior Projects Adminisd�ntor Phone: 561482-1918 Email: armbrns@pahnbeaeh.k12Aus Ar hhect: BRPH Architects Engineers Malcwhn Cooper 561-616-5878 JMw comtrucamC om„ W'JOdIAkr plaza Town of P*e+ "tke' Scope: Construction of 50,000 sq. ft., 1 -story Commercial Retail Center The project included new parking, landscaping and irrigation. Additionally, JMW went on to do wAsy of the tenant interior build -oats for fids cater. Project Cost: S ?.,600,000.00 Owner: Lake Worth Merchandise Mart, LC Contact: Robert Wechsler, Managing Pier Phone: 917494-1149 Email: roberiwechsler@gmailcom Architect: Joseph K Kaller, AIA Joe KMer 954-920.5746 ATTACHMENT "G" SCHEDULE OF SUBCONTRACTORS Bidders) are to submit a detailed listing of any Subcontractors) parWpation of any portion of this Project for any reason. Attach additional pages if neoassary. Project Title: NE r STREET PARKING LOT A STREET ENHANCEMENT PROJECT Issuance Date: August 27, 2015 Bldder(s)'s Name: OomSTiwema , (26 NraKWAddrsseIPhone of Type of Work to be Dollar Subconbector Performed Amount % of Tatal Name: A taT Ae*VL LbrJ0!jLj6 t.�raD�aC, Address: 204 Phone: '(ol - z45 - i4g5 Name: T-rLaF— �; , --wc. Address: 4m s `vv►i Mei ` `� 7e . +" a T �tOfE.� A Phone: -T'77. - W Name: . R " Z) Qac Address: LMW—S 104F, 00b 1f�1i.G V�d�ti iWer 1 CaA. i Phone: Sol - Ski$ - toiog t NEO R& •PmVgA li4 WM541&7 Page 23 of25 ATTACHMENT "H" PUBLIC ENTITY CRIMES STATEMENT A person or affillate 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 Stw1@ment, I certify that this firm complies fully with the above requirements. I em OT BiddedsSigna ure W'71 NEO&A T�ftffiWLMnBW54W1&1 PW 24 of 25 ATTACHMENT "I" ]RUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -f m woftlace programs but it is not a requirement to submit a *Bid. 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 far 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 wlll be followed if none of the bad vendors have a drug4ee workplace program. in order to have a drugfree woftlace program, a business shall: 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. 1) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistanos programs; and the penalties 90 may be imposed upon employees for drug abuse violations. 2) Give each employee engaged in providing the commodities- or contradiml services that are under Bid a copy of the statement specified in subsection (1). 3) 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 883, 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. 4) 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. 5) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorbod to sign the Statement, I certlfy that this firm compiles fully with the above requirements. ()(� Autho si ature -1106 Name (Printed or Typed) ?4;b & G)zn-C Title NEO&A J-fttieS9cnSWUN111.1 PRP 25 of 25 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING ,BOARD (850} 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 WILLE, ,JOHN M JMW CONSTRUCTIQN CORPORATION 4163 ARTESA DRIVE BOYNTON BEACH FL 33436 CoMratulationsl VWth this license u, b®com$ one of the nearly one million Floridians licensed try { s Deparirnent of Business and Professional Regulation. Our professlorlals and businesses range from architects to yacht brokers. from boxers to barbeque restaurartts, and they keep Florida,$ economy strong. Every day ylre work to in]p rave the way we do business in order to serve you better. Fnr i2rmation about our services, please log onto a+ww.my80ridallas "f0m. There you can find more information abosubscribe to due artment rw_wsleftrs and dam more adivisions and the regulations that bout tthhe 1 epartmanrs i"Netves. T mission at the Department is: License Efficiently, Regulate FalHy. A constantly strive to serve you better so that ycw can serve your aitstomeirs. Thank you for doing business in FlMda, and congratulations on your new lioensel DETACH HERE RICK SCOTT, GOVERNOR STATE OF FLORIDA 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION C00O25814 ISSUED. 06/1212014 CERTIFIED GENERAL CONTRACTOR WILLE, JOHN M .JMW CONSTRUCTION CORPORATION Is CERTIFIED under the provislons or Ch.488 FS. EVkWbIdW0: AUG31,218 L14081200DIaM KEN LAWSON. SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CGCO25814 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the Provisions of Chapter 489 FS. ::)*ation data. AUG 31, 2016 JMW CHN M ONS RUCTION CORIdORATION 4163 ARTESA DRIVE BOYNTON BEACH FL 33436 - Icallen. ne,...u..... A N N s M- G A N N D N P.O. Bax 3353; West Palm Beach, FL 33442-3353 "*LOCATED Aly* CONSrTRtlitOML TAX COLLIECMR www.pbcIaxcom Tek (W1) 3552264 41f3 ARTESA DRIVE f 5!MingPalrk 8e Cauvty Serv)Ing you. BOYNTON BEACH, FL 33436-ODOO TYPROF BUSINESS OWNER CERTIFICA-11OWN RECEIPTODATEPAID AMT PAID BitL8 23-0102 CiIi. GENEM COWRAMOR "*JOHN M"AEL CG4=5814 iJ74,b17OW - UMOK4 serf 84017477 i This dowrn; t Is valid only When r ecelpted by the Tax Collector's OHice. S'A'E OF FLORIDA PALM BEACH CQUNTY B3 - 44e 201412D75 LOCAL BUSINESS TAX RECEIPT J M W CONSTRICTION CORP INC LBTR Dumber; 200521082 J M W CONSTRUCTION CORP INC EXPIRES: SEPTEMBER 30, 2018 4163 ARTESA DR BOYNTON BEACH, FL 33436-2628 This receipt grants theIa of cing In or r>t I i u Il r r i u 1u11 1Irr r rt 1rsrr loll Isis managing er�busss profession or occupation within Its jurisdiction and MUST be b6naplcuausly displayed at the place: of business and In such a manner as to be open to the Wow of the publls;. ANNE M. G AN N O N P.O. Box 3353, West Palm Beach, FL 334D2,3M3 "LOCATED AT" COIRSTITIITIONAL TALC COLLECTOR Wwnw.pbctsx.com Tel- (561) 3554264 seming Palm Reach County 4163 ARTESA DRIVE SeMng ynu. BOYNTON BEACH, FL 3343B-0000 TYPEWBU NESS I OMER I {S Fir-rCa nm# f REc2IPr*bATEPAb AWT PAI BmLd: 23*013ENERALCONTRAGTOR WELLEJDMLl NiAEL I 2GCd2Sn U14ADW84-01O n't swAn 840124772 Thio document is velld only'when r+eceipted by the Tax Callacibes Office. STATE OF FLORIDA PALM BEACH COUNTY B2-448 2014=15 LOCAL BUSINESS TAX RECEIPT J M W CONSTRUCTION CORP INC LBTR Number: 200521081 J AA W CONSTRUCTION CORP INC 4153 ARTESA DR EXPIRES.SEPTEMBER 30, 2015 BOYNTON REACH, FL 33438-2528 This receipt grants the privilege of engaging In or rr��r»l rr�rrlriileri�rrr.li�i�lrrrrlrll�ili managirqjany business profession oracrupationn within Its jurisdiction and MUST be conspicuously displayed at the pisoe of business and in such s mariner as to be rpen to the view of the pubHr- JMWCO-x OP ID: E2 CERTIFICATE OF LIABILITY INSURANCE'"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S� AUT14OREZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.. IMPORTANT'. N the esrtlllrste hoidw to an ADDITIONAL INSURED, the policy(les) must be endorsed N SUBROGATION IS WAIVED, subject to the twoff. and condltlone of the policy, Cw Wn potles may reVm an endorsement A sNrta mwd on this celtl eats dose not conihr rtgt to the awilftA to holder M Nau of such a s Pmmcmt Brawn & Brow of Florida, Inc. 7201 W Creek Rd Jf3o flp1 E PHONE No IAV;6& P.O. Beau am R Laurder+dale, FL 33:'I1"727 eel AFFORaNa[rovulRAoE N►uce RyanOLrtlsltFs OMPER A.- Amerlsum Mutual Iris. Co. 22396 L304339008 IluslsaD JMW Construction Corp 4163 Arbasa Dr. um wtma.Commerce & Industry Ins Co 111410 EACH OCCURRENCE b 1,000,0 Boynton Beach, FL 33436 INIIIarINt C: INSURm D IN6URER E - BENL AGOREGATE LIMif APPLES PER: P LOC F ; %:Www leAura CFKi7Fr[:ETF m i F;w- OMlef%U a RiellCo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERIIA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CON[)ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAD CLAILM& Tl! wm OF 1mmwArICE k i a�fb A eIEwRAL rJAea Air X COMNE iCM GENERAL LI11BUM OCCUR L304339008 0212812616 OZU=16o EACH OCCURRENCE b 1,000,0 = 3110, w Eum-Lft ire a 10,004 PERSONAL A ADV INJURY # 1.000,0 GENERAL AWKSATE S 3,600 BENL AGOREGATE LIMif APPLES PER: P LOC PRODUCS - COMPIOP AGG S 2,000,00 ; A A{IiO•IdEI.luAilLlfY X AwAm AAUAUTOSOS ° a S Fit X FMRW Aim X CAZN1649N 03113=5 0311312010 LM StWLEUM 1,000, Bows UiAm ow pwanl s 6OCr Y INJURY LPx sxidwxi $ P C 6 5 B X UWOW LA UAB EXMMUM X OCCUR CUMMS*AOE 21336301 021281261b 021=015 EACH OCCURRISO" a 2,006 0 AGgREGA-M i 2,606,0 DED X 0 s A %mamRa GOIIPENIrm7m AND EMPLOVOW MAL"ER ANYPROPMErO f/PARMERAM CUTNE YIN OFFKXW�REXMI EW F (Merrdelery In Nm 11 deevlbe under 0 TiON9below NIA 207 021281201b 02/2812016 X I YYC STATU- 071l - EL EACIIACCII>ENf $ 1,060,0 E L DWEASE - EA EMPLOYEE $ 1,060,0 ELD18EAw-POLICYLurT R 1, 905COMPT10H OF ONWATIONS I LOCATIONS IMMMES shah ACORD IN, AdMkR l ReMUIN 9dmduK If anile yup N requrredl i`ommowaiaY Ganerma contractor. BOYNT01 City of Boynton Beach Building Division 100 E Boynton Beach 81vd Baynton Beach, FL 334311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVEIm N ACCORDANCE WITH THE POLICY PROVISIONS. AKRON UNID IMPR801 TATWE ...+"" 019811-2010 ACORD CORPORATION. AN rights mooed. ACORD 26 (ZHOM6) The ACORD name and logo are registered mania of ACORD 49, August 31, 2015 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida Re: JMW Construction Corporation Dear Sir/Madam; M N. Yl ymore Road Subs 300 Iftitlasd, FL 32781 (407) 7W7770 ♦ Fax (40717M7796 Tall Free (888) 788 -BOND ♦ Fax (888) 71"OND www.FlorldaSurety0onde.com We are the bonding agents for JMW Construction Corporation. Their current: surety is Tlie Gray Insurance Company which is Best Rated A-, VIII and has a current Treasury listing of $9,686,000. We would not anticipate any diIIicalty in providing PaRmnance & Payment Bonds in the $4,000,000 single, $5,000,000 aggregate range, subject to the contract provisions and the =I=wri&g file at the time a request is made. This letter is not a commitment to provide any bonds unless all underwri.ting requU menta including contract review am met prior to issuing any bonds. Neither our agency, nor the surety are liable for any damages relating to this letter or project. We are pleased to be working with a caonhwtor of this caliber. Should you award a contract to JMW Construction Corporation, we are sure you will be pleased with #heir ability to perform and willingness to cooperate. We wouldn't anticipate any difficuhy in prwAding bid, perfor mace, & payment bonds, on your bond form, for a project if requested by the contractor. Please do not hesitate to contact us if you have any questions. Sincerely, FLORIDA SURETY BONDS, INC. Jefey W. Reich, CPCU President ADDENDUM No.1 Addendum Issue Date: September 16, 2015 Boynton Beach Community Redevelopment Agency (CRA) INVITATION to BID For the NE 4th STREET PAR313NNG LOT & STREET ENHANCEMENT PROJECT Located at the Northeast Corner of NE 4th Street and NE 1st Avenue, Boynton Beach, FL ITB Issue Date: August 27, 2015 Submission Deadline Date: September 30, 2015, no later than 3pm The Boynton Beach Community Redevelopment Agency (CRA) is issuing the foUoving responses to "Requests for Information or Clarification" received f= interested parties that are deemed material to the Invitation to Bid (ITB) document or project plans or specifications, in accordance with Section 1.12 of the ITB: 1. Is the aluminum edging required at all areas where the stone does not abut concrete, including the east property line? Response: The east property Zine abuts existing asphalt, therefore alumiraim edging is required Aluminum edging is only required where shown on sheet L1.00, between the stone mulch and the bioswale plantings. 2. I do not see any Desert Cassia's on this project, but there is aline item. Resn�anse: The bid form is incorrect. The play schedule on sheet M. 00 provides a listing of all plantings required for this project. The revised bid form is included in this Addendum. 3. Are there cores that can be provided to ensure that there is sufficient thickness of lime rock in the existing parking lot in order to meet the 4" minimum thickness after regrading?. If the thickness is not there, what is the expected remediation? onse: There were no cores completed as a part of the design of the project The original intent of the project was to rehabilitate the existing asphalt pavement. The current scope of work is to remove the existing asphalt within the new parking area and add lime rock as needed to meet the proposed grades, all of which are anticipated to be at or above the existing grades In the case that the existing lime rock is insufflclent and as directed by the CRA, the contractor shall prepare a full pavement section of compacted subgrade, 11.5" of lime rock meeting LBR 100, and 1.5" of Type S -I asphaltic concrete pavement As discussed in the pre-bid meetbW, held on September 3, 2015, the CRA has requested that the contractor provide pricing for this work on a per square yard (S19 basis If needed, any work noted above will be performed at that rate for only the area necessary as determined by the CRA. Tare revised bid form is included in this Addendum. 4. Sheet C4.00 — Parking Sign note says to see the landuape plan for details. The landscape plan gives no detail. Can one be provided? Respanse: The sign is not included in this project and will be handled by the CRA separately. The item has been removed frons the bid form. S. I do not see a bid bond form in the bidding documents. Is one required? RgLonse: A bid bond farm is not included in the bad documents. A bid bond may be required as stated in the Invitation to Bid at the discretion of the CRA. 6. h there an engineer's estimate or budget? Response: Me CRA has established an appro mate budget however, will not be providing it as apart of the ITB at this time. T. Should the existing wood pole at the southeast comer of the intersection of NE Oh Street and NE i'* Avenue be removed? Response: The ownership of the wood pole with no facilities attached has not been determined at this time. The removal may be performed by a utility company or the Contractor and than responsibility has not been determined at this tam The Contractor shall provide an alternate bid price far removal and legal disposal of that pole. The revised bid form is included in this Addendum. 2 ATTACHMENT IV } L) W a N z W a 0 LUW 0 W z O V a W m z 0 } m H i N och ami E (u W n c O ch t O a M 'a a a a fV V U a� O O O w po ni C a G n o CL N - z z W N U O w W z 2 a tn Z `W r crj 0 0 ,--I O M W W k n Q ar °d o Qn .� Z z o 0 0 z _ N m U1 � O a � -i a W � N O W a i _Rr O. %D E N o o � d b W � aM z i N och ami E (u -o n c O ch t O a M 'a a a a fV V U a� L O O po ni C a G n o a o .� z U O w Vo =� 0 0 ,--I O M O O Q Z L 0 E Z z O U _ N m U1 ,p a'a yV 0 0 0 a CLE -i W W w a i _Rr O. %D E � aM a O al m :0 CU NVI LU Ln LU CLU 49 M C N N Ln O o L o o E o oo w w Ln LU } > > J Q Q zamLu� O M E. 0 LU L, LU LU LU L..E'ozE o 'u-, 3 } } a � o UD ev m m LO o L u � ±� a Cu r+ c a e ac, oA o. o E ++ > V O. C - 4O m 4 c' �4 a aha a = m U O< a Q += v, = H c g in Q Q O V 0 f0 c V z W O a H z W a CL 0 LUW G LUz O U x a W m z O H O m F u W n w a F Z W 2 W V z a x z w W W H od H 0 z Y a a F W W w H N W z s 4 L u ►� X X X a r E V 2 X X X Q C N (7 X X X Q C E V LL X X X a c E V W X X X Q N O T •ate-+ O L X aha . G 'n X t; . w OO X Y a a �n O O O =1 = C .N -I j C Q VU v V u c E u U X x X N y 3 C y 7 C N 7 C Lm u C O y C Q ai C w a a a a a CL Z G d J 'O p CG X x x ob c oiS � o� SEE yEE_-SEE N Y U ro o m o U m Y U o c a�vE E m Ern L x x x � � a a �E C m x x X C c� a op L m CL aW 0. u J u c U m w -In o v ZX X x tJ C mw m L c LA O Q W 7 U v n > 0 c oil m 2 d H •� W a -0 La 0 Q M a ;7 7 - o 0 a -a s o a a n z v a� v M m %a '0 a Z H •° > a W Z o a` 0 o a �'1 0 M ° a am O Z L 0 E z z LU z c. W Z •� O E cn LU w IL X �l O J W W 41 � >- � p Q I o W H• M c0 w w } e�i.i } } Q O p z p � J � 4,� O CO U V- W W W In p � Z LQ } J CML r c zQ m c 0 m M E •� a LnLn N) LU W °a Z OC O to b o n Z « o q > et ei l0 102 m Z a H rm-I i�•I N r w 'd 0 •� E O a -0 La 0 Q M a ;7 U U - o 0 a -a s o a a O C z a� v M m %a '0 a oxo ul a�o ° •° > a •- � � 4, E U c � %D o a` 0 o a �'1 0 M ° a O Z L 0 E z z V4-� Q� •� O E cn LU w cm 4d �l M 2 N O c3 41 � >- � C L1 y m a g Q o fa c0 w w } e�i.i } } Q O L L- 10O r O C C 4,� O CO U V- W W W In p � } } } J CML r zQ m c 0 m M E •� a LnLn N) L E'p� RLU 3 M n a � n N Ln ei l0 1p rm-I i�•I N Vl- 4n. -tn 6m Cj C U C L a C a E ++ r C j O U a . C_ o a a g w a 4� c 0 a a U o z�-0 m 2 / k x x x k = x x x k \ o x x x � E £ LL � x x x � $ LUx R x x 2.2 > a $ & k 2 k) km k k k 2 SER « 2ER - 2EN - 3 ] 3 a ' r E u x x x R E t E _ 3 § 3 { o c �§ a m7 2I �0 2 x x x � Le ®JA ® ® w CL :CL } CL f 5\ 0 f§ u) 2) 0 u 0 u j/LU Z 0 L �§§ I.- LU § 2 g x x x 2§ � /2� # jLU R £k§ LU q c CY x x x LU L LU U) § a� 0u � © � 15- b k z y -S ] 0 2 x x x 0 m 2/� 3� k k LuLU / { - > 0 2 ■ ) ow 9 a E 2 E§ 7�§ k§ ■2 k5 of �c �§a R2 BOYNTON CRA CRA BOARD MEETING OF: October 13, 2015 Consent Agenda I I Old Business I I New Business I I Legal Information Only I X I Other AGENDA ITEM #: XV. A SUBJECT. New Businesses in the CRA District SUMMARY: The CRA district welcomes 14 new businesses to the area. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Family Dollar Stores of Florida 100 NE 10th Ave. 2. Health Buddy LLC 615 E Boynton Beach Blvd. 3. Hurricane Alley Food Truck Park 601 S Federal Hwy. 4. Dr. Sara A Hosn 450 N Federal Hwy. 5. Noel B Services Inc. 501 N Federal Hwy. 6. Ozzy House LLC 2626 N Federal Hwy. 7. Innovative Mediums LLC 1370 W Industrial Ave. 8. Mr. Car Makeover 1370 W Industrial Ave. 9. PEG Nutrition LLC 411 NE 3'd St. 10. Bold & Smolders LLC 1622 S Federal Hwy. 11. Sage Dental of East Boynton Beach 556 E Woolbright Rd. 12. TransAmerica Tax Multi Service 400 S Federal Hwy. 13. Unique 2 Consignments Boutique 312 E Boynton Beach Blvd. 14. Aion Recovery Center 500 Gulfstream Blvd. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program Marketing & Business Development T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2015 - 2016 Board MeetingslOctober 20151New Businesses in CRA District October.docx