Agenda 06-12-17The City of
Boynton Beach
City Commission Agenda
Monday, June 12, 2017, 6:00 PM
Commission Chambers
100 E. Boynton Beach Blvd., Boynton Beach, FL 33435
Special Commission Meeting and CRA Board Meeting
Boynton Beach City Commission
Mayor Steven B. Grant (At Large)
Vice Mayor Justin Katz (District 1)
Commissioner Mack McCray (District 11)
Commissioner Christina L. Romelus (District III)
Commissioner Joe Casello (District IV)
Lori LaVerriere, City Manager
James Cherof, City Attorney
Judith A. Pyle, City Clerk
*MISSION*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www. boynton- beach. org
Page 1 of 109
WELCOME
Thank you for attending the City Commission Meeting
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CITYOF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order
of business conducted at the meeting. The City Commission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a majority of the
Commission has first consented to the presentation for consideration and action.
• Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
• Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
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either a regular voice vote with "Ayes & Nays" or by a roll call vote.
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The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
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time limits on the discussion on an issue.
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Hearings."
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after a motion has been made and properly seconded, with the exception of Consent Agenda Items that
have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time
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When addressing the Commission, please step up to either podium and state, for the record, your name and
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of the Commission members present.
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City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton
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Page 2 of 109
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner McCray
Roll Call
Agenda Approval:
1. Adoption
2. OTHER
A. Staff presentation on update of Town Square
3. ANNOUNCEMENTS, COMMUNITY& SPECIAL EVENTS & PRESENTATIONS
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level
of business coming before the City Commission)
5. ADMINISTRATIVE
A. 1) Recess City Commission Meeting
2) Call Boynton Beach CRA Meeting to Order
B. CRA BOARD ITEM:
Consideration of CRA funding for the services provided under Town Square Project Phase I
Services Agreement (See Attached CRA Agenda Item)
C. CRA BOARD ITEM:
Consideration of Interlocal Agreement with the City of Boynton Beach to provide funding for
services under the Town Square Project Phase I Services Agreement for an amount not to exceed
$2,100, 000. (See Attached C RA Agenda Item)
D. 1) Adjourn Boynton Beach CRA Meeting
2) Reconvene the City Commission Meeting
E. PROPOSED RESOLUTION NO. R17-057- Authorize the Mayor to sign an Interlocal
Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment
Agency (CRA) for the CRA funding of the Town Square Redevelopment Project for an amount not
to exceed $2,100,000.
F. PROPOSED RESOLUTION NO. R17-058 - Amend the adopted FY 2016-2017 General Fund
Page 3 of 109
Budget from $79,401,314 to $83,766,737, an increase of $4,365,423.
G. PROPOSED RESOLUTION NO. R17-059 - Authorize the Mayor to sign the Town Square
Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC of Winter Park,
FL.
6. CONSENTAGENDA
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments
A. None
7. BIDS AND PURCHASES OVER $100,000 - None
8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local Planning
Agency and City Commission.
A. None
10. CITY MANAGER'S REPORT - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS - None
13. LEGAL - None
14. FUTURE AGENDA ITEMS - None
15. ADJOURNMENT
NOTICE
IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING, HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON
WHICH THEAPPEAL 1S TO BE BASED. (F. S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA
DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS
PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST.
ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE
INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED
FROM THE OFFICE OF THE CITY CLERK.
Page 4 of 109
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION:
Call to Order - Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner McCray
Roll Call
Agenda Approval:
1. Adoption
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT: Non -budgeted
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
REVIEWERS:
Department Reviewer Action Date
1.A.
OPENING ITEMS
6/12/2017
Page 5 of 109
City Clerk Pyle, Judith Approved 6/9/2017 ® 4:51 PM
Page 6 of 109
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION:
Staff presentation on update of Town Square
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT: Non -budgeted
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
D Other
REVIEWERS:
Department
Finance
Reviewer
Pyle, Judith
Description
Staff Presentation
Action
Approved
2.A.
OTHER
6/12/2017
D ate
6/9/2017 - 4:51 PIS
Page 7 of 109
N
I
5.A.
ADMINISTRATIVE
6/12/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION:
1) Recess City Commission Meeting
2) Call Boynton Beach CRA Meeting to Order
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT: Non -budgeted
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
REVIEWERS:
Department Reviewer Action Date
Finance Howard, Tim Approved 6/9/2017 - 4:48 PM
Page 26 of 109
5.B.
ADMINISTRATIVE
6/12/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION:
CRA BOARD ITEM:
Consideration of CRA funding for the services provided under Town Square Project Phase I Services
Agreement (See Attached CRA Agenda Item)
EXPLANATION OF REQUEST: See Attached
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT:
N/A
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
Other
REVIEWERS:
Department
Finance
Reviewer
Howard, Tim
Description
CRA Agenda Item
Action
Approved
D ate
6/9/2017 ® 4:49 PM
Page 27 of 109
Consent Agenda I I Old Business IX I New Business I I Legal I ( Information Only I ( CRAAB
SUBJECT: Consideration of CRA funding for the services provided under Town Square
Project Phase I Services Agreement
SUMMARY: As identified in the 2016 CRA Redevelopment Plan, the Town Square Mixed
Use Project is an important catalyst to the redevelopment of both the Cultural and Boynton
Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large
scale and significant project has been long supported by the plan and Board.
The development team of E2L, LLC has presented their Town Square Project Phase I Services
Agreement to the City Commission at their Special Meeting being held on June 12, 2017 and
will require project funding in the amount of $2,100,000 in order to begin their proposed project
design and initial renovations of the historic High School under the scope of this agreement.
Under the current CRA approved budget for Fiscal Year 2016-2017, funding is available in the
amount of $450,000 in the Project Fund, the Town Square Project line item as well as available
funding in the amount of $185,301 within the Project Fund, the Old High School Stabilization line
Item. In addition, at the April 11, 2017, meeting, the CRA Board approved the reallocation of
available funding in the amount $1,500,000 from unrealized projects and unassigned fund
balance that can be used to fund the Town Square request (see Attachment 1).
FISCAL IMPACT: $2,100,000 from FY 2016 — 2017 Budget Line items 02-58200-405,02-
58200-406, General Fund Unassigned Fund balance and the Proceeds from sale of 211 E.
Ocean Avenue.
CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment
Plan (Cultural District and Boynton Beach Blvd. District)
1. Approve the use of CRA funding in the amount of $2,100,000 for the services provided
under Town Square Project Phase I Services Agreement
2. Do not approve the use of CRA funding in the amount of $2,100,000 for the services
provided under Town Square Project Phase I Services Agreement
Michael Simon, Interim Executive Director
Page 28 of 109
ATTACHMENT
Page 29 of 109
Summary of FY 2016-2017 - Project Fund - Capital Projects
Estimated
YTD thru Remaining Expenditures Balance Availabl
As of: March 31, 2017 Budget 3/31/17 Budget thru Year -End for Reallocation
Capital Outlav - 02-58200
Property Purchases - 02-58200-401
$ 1,136,607
$ 380,422
$
756,185
$
756,185
$ -
Construction In Progress - 02-58200-404
$ 1,162,000
$ -
$
1,162,000
$
1,162,000
$ -
Model Block
Marina - Open Space
$ 200,000
$
18,549
$
181,452
$
80,000
$ 101,452
211 E. Ocean - Renovation Grant
$ 200,000
$
-
$
200,000
$
200,000
$ -
Dog Park
$ 698,897
$
-
$
698,897
$
-
$ 698,897
Sub -Total
$ 1,098,897
$
18,549
$
1,080,349
$
280,000
$ 800,349
Site Work & Demolition - 02-58200-405
Site Work & Demolition
$ 100,000
$
2,818
$
97,182
$
97,182
$ -
Stabiliazation of Old High School-Roof/VVindows
$ 450,000
$
-
$
450,000
$
450,000
$ -
Sub -Total
$ 550,000
$
2,818
$
547,182
$
547,182
$ -
Infrastructure & Streetscape - 02-58200-406
Town Square Project
$ 185,450
$ 149
$
185,301
$
185,301
$ -
MLK Corridor Redevelopment, CRA Property
$ 1,162,000
$ -
$
1,162,000
$
1,162,000
$ -
Model Block
$ 450,000
$ 44,898
$
405,102
$
405,102
$ -
Sub -Total
Total Capital Outlay/Projects
$ 1,797,450
$ 4,582,954
$ 45,047
$ 446,836
$
$
1,752,403
4,136,119
$
$
1,752,403
3,335,770
$ -
$ 800,349
Other Available Funding Sources
1. General Fund Unassigned Fund Balance from 9/30/16 Audit $ 671,636
Note: $839,545 less 20% Self -Funded Insurance Reserve of $167,909
2. Proceeds from sale of 211 E. Ocean Avenue $ 240,105
Total Available for Reallocation 3/31/170o- $ 1,712,090
NOTE: CRA Board Meeting 04-11-2017 -Approved Reallocation of $212,090 from Dog Park to Economic
Development Grants $ (212,090)
Remaining Balance for Reallocation/Rollover
in FY 2017/18 Budget $ 1,500,000
Page 30 of 109
5.C.
ADMINISTRATIVE
6/12/2017
REQUESTED ACTION BY COMMISSION:
CRA BOARD ITEM:
Consideration of I nterlocal Agreement with the City of Boynton Beach to provide funding for services under
the Town Square Project Phase I Services Agreement for an amount not to exceed $2,100,000. (See
Attached CRA Agenda Item)
EXPLANATION OF REQUEST:
See Attached CRAAgenda Item
The City is contemplating entering into an services agreement with E21- Real Estate Solutions, LLC
for this project. CRA and City staff has reviewed the elements of the project and concluded that
certain costs of the project can be funded by the CRA under the scope of the CRA's Ocean District
Plan and the CRA's 2016 Redevelopment Plan.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The ILA will allow the CRA to
fund costs associated with the project that the City is expecting to move forward.
FISCAL IMPACT: CRA will provide up to $2,100,000 towards the Town Square Project as outlined
in the ILA.
ALTERNATIVES: Do not approve ILA.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
Page 31 of 109
ATTACHMENTS:
Type
D I nterlocal Agreement
D Exhibit
REVIEWERS:
Department
Finance
Description
C RA Agenda I tem I LA with City
Exhibit
Reviewer Action Date
Howard, Tim Approved 6/9/2017 ® 4:52 PM
Page 32 of 109
CRA BOARDI F: June 12,2017 -Special Meeting
Consent Agenda I I Old Business IX I New Business I I Legal I ( Information Only CRAAB
AGENDA ITEM: III.B.
SUBJECT: Consideration of Interlocal Agreement with the City of Boynton Beach to provide funding for
services under the Town Square Project Phase I Service Agreement
SUMMARY: As identified in the 2016 CRA Redevelopment Plan, the Town Square Mixed Use Project
is an important catalyst to the redevelopment of both the Cultural and Boynton Beach Boulevard Districts.
Providing CRA funding to assist in the completion of such a large scale and significant project has been
long supported by the plan and Board.
The development team of E2L, LLC has presented their Town Square Project Phase I Services
Agreement to the City Commission at their Special Meeting being held on June 12, 2017 and will require
project funding in the amount of $2,100,000 in order to begin their proposed project design and initial
renovations of the historic High School under the scope of this agreement.
Under the current CRA approved budget for Fiscal Year 2016-2017, funding is available in the amount
of $450,000 in the Project Fund, the Town Square Project line item as well as available funding in the
amount of $185,301 within the Project Fund, the Old High School Stabilization line Item. In addition, at
the April 11, 2017, meeting, the CRA Board approved the reallocation of available funding in the amount
$1,500,000 from unrealized projects and unassigned fund balance that can be used to fund the Town
Square request (see Attachment 1).
As the efforts put forth under the Town Square Redevelopment Project will demonstrate further and
continued advancement of the goals and mission of the CRA Redevelopment Plan, staff and legal
counsel support the use of CRA funds to provide funding of these project services. The first term of the
ILA will terminate on September 30, 2018 and provides funding for the not to exceed $2,100,000. The
CRA Board and City Commission may mutually agree to extend the ILA on a one time basis upon the
agreement of both parties (see Attachment II).
FISCAL I PACT: $2,100,000 from FY 2016 — 2017 Budget Line items 02-58200-405,02-
58200-406, General Fund Unassigned Fund balance and the Proceeds from sale of 211 E.
Ocean Avenue.
CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment
Plan (Cultural District and Boynton Beach Blvd. District)
CRAAB RECOMMENDATION: N/A
CRA BOARD OPTIONS:
1. Approve the Interlocal Agreement with the City of Boynton Beach to provide funding for services
under the Town Square Project Phase I Service Agreement the amount of $2,100,000
2. Do not approve the Interlocal Agreement with the City of Boynton Beach to provide funding for
services under the Town Square Project Phase I Service Agreement the amount of $2,100,000
Michael Simon, brim Executive Director
Page 33 of 109
ATTACHMENT
Page 34 of 109
Consent Agenda I I Old Business IX I New Business I I Legal I ( Information Only I ( CRAAB
SUBJECT: Consideration of CRA funding for the services provided under Town Square
Project Phase I Services Agreement
SUMMARY: As identified in the 2016 CRA Redevelopment Plan, the Town Square Mixed
Use Project is an important catalyst to the redevelopment of both the Cultural and Boynton
Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large
scale and significant project has been long supported by the plan and Board.
The development team of E2L, LLC has presented their Town Square Project Phase I Services
Agreement to the City Commission at their Special Meeting being held on June 12, 2017 and
will require project funding in the amount of $2,100,000 in order to begin their proposed project
design and initial renovations of the historic High School under the scope of this agreement.
Under the current CRA approved budget for Fiscal Year 2016-2017, funding is available in the
amount of $450,000 in the Project Fund, the Town Square Project line item as well as available
funding in the amount of $185,301 within the Project Fund, the Old High School Stabilization line
Item. In addition, at the April 11, 2017, meeting, the CRA Board approved the reallocation of
available funding in the amount $1,500,000 from unrealized projects and unassigned fund
balance that can be used to fund the Town Square request (see Attachment 1).
FISCAL IMPACT: $2,100,000 from FY 2016 — 2017 Budget Line items 02-58200-405,02-
58200-406, General Fund Unassigned Fund balance and the Proceeds from sale of 211 E.
Ocean Avenue.
CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment
Plan (Cultural District and Boynton Beach Blvd. District)
1. Approve the use of CRA funding in the amount of $2,100,000 for the services provided
under Town Square Project Phase I Services Agreement
2. Do not approve the use of CRA funding in the amount of $2,100,000 for the services
provided under Town Square Project Phase I Services Agreement
Michael Simon, Interim Executive Director
Page 35 of 109
Summary of FY 2016-2017 - Project Fund - Capital Projects
Estimated
YTD thru Remaining Expenditures Balance Availabl
As of: March 31, 2017 Budget 3/31/17 Budget thru Year -End for Reallocation
Capital Outlav - 02-58200
Property Purchases - 02-58200-401
$ 1,136,607
$ 380,422
$
756,185
$
756,185
$ -
Construction In Progress - 02-58200-404
$ 1,162,000
$ -
$
1,162,000
$
1,162,000
$ -
Model Block
Marina - Open Space
$ 200,000
$
18,549
$
181,452
$
80,000
$ 101,452
211 E. Ocean - Renovation Grant
$ 200,000
$
-
$
200,000
$
200,000
$ -
Dog Park
$ 698,897
$
-
$
698,897
$
-
$ 698,897
Sub -Total
$ 1,098,897
$
18,549
$
1,080,349
$
280,000
$ 800,349
Site Work & Demolition - 02-58200-405
Site Work & Demolition
$ 100,000
$
2,818
$
97,182
$
97,182
$ -
Stabiliazation of Old High School-Roof/VVindows
$ 450,000
$
-
$
450,000
$
450,000
$ -
Sub -Total
$ 550,000
$
2,818
$
547,182
$
547,182
$ -
Infrastructure & Streetscape - 02-58200-406
Town Square Project
$ 185,450
$ 149
$
185,301
$
185,301
$ -
MLK Corridor Redevelopment, CRA Property
$ 1,162,000
$ -
$
1,162,000
$
1,162,000
$ -
Model Block
$ 450,000
$ 44,898
$
405,102
$
405,102
$ -
Sub -Total
Total Capital Outlay/Projects
$ 1,797,450
$ 4,582,954
$ 45,047
$ 446,836
$
$
1,752,403
4,136,119
$
$
1,752,403
3,335,770
$ -
$ 800,349
Other Available Funding Sources
1. General Fund Unassigned Fund Balance from 9/30/16 Audit $ 671,636
Note: $839,545 less 20% Self -Funded Insurance Reserve of $167,909
2. Proceeds from sale of 211 E. Ocean Avenue $ 240,105
Total Available for Reallocation 3/31/170o- $ 1,712,090
NOTE: CRA Board Meeting 04-11-2017 -Approved Reallocation of $212,090 from Dog Park to Economic
Development Grants $ (212,090)
Remaining Balance for Reallocation/Rollover
in FY 2017/18 Budget $ 1,500,000
Page 36 of 109
ATTACHMENT II
Page 37 of 109
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR THE FUNDING OF CERTAIN
PORTIONS OF THE TOWN SQUARE PROJECT
THIS AGREEMENT is made this day of , 2017 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"),
and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CRA") (individually and collectively, the "Party" or "Parties")
WITNESSETH:
WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan")
calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard
District as those Districts are described in the Plan; and
WHEREAS, the City and the CRA desire to provide funding for a project known
as the Town Square Redevelopment Project ("Project"), which falls within the CRA
boundaries, and more specifically, in the Cultural District and the Boynton Beach
Boulevard District; and
WHEREAS, the City has contracted with E2L, LLC for the Project under the
"Town Square Project -Phase I Services Agreement;" and
WHEREAS, the Project furthers the CRA's Community Redevelopment Plan
("Plan") because the Project will help prevent and eliminate slum and blight within the
Redevelopment Area, and will provide the opportunity to redevelop the area within the
Project ("Project Area") in accordance with the Plan; and
WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making
certain expenditures; and
00824643-1
Page 38 of 109
WHEREAS, the CRA desires to reimburse the City for certain expenses related to
the Project that are not prohibited by the Florida Statutes; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's
funds to implement a portion of the Project is consistent with the Community
Redevelopment Plan and Florida Statutes; and
WHEREAS, the CRA and the City find that this funding agreement serves a
municipal and public purpose, furthers the Plan, and is in the best interest of the health,
safety, and welfare of the residents and business owners within the Community
Redevelopment Area;
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the Parties hereby agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated herein.
2. Obligations of the CRA. The CRA shall provide funding to the City in the
maximum amount of $2,100,000 to be used for reimbursement of certain costs not
prohibited by § 163.370(3), Florida Statutes after receipt of a request meeting the
requirements of this paragraph. Upon receipt of a complete, written request from the City,
the CRA shall make payments to the City on a quarterly basis for the reimbursement of
direct expenses related to the Project related activities consistent with the Plan. In order to
be deemed complete, the written request from the City for payment must include copies of
receipts and invoices indicating the amount and the purpose for the payment for which the
City is seeking reimbursement. The CRA shall remit payment to the City within thirty (30)
days of receipt of a complete request from the City.
3. Obligations of the City.
00824643-1
Page 39 of 109
a. The City shall ensure funds provided by the CRA are not used for any
purposes prohibited by § 163.370(3), Florida Statutes, or otherwise
prohibited by law.
b. The City shall ensure that the Project is designed and constructed in
compliance with the Plan.
c. On a quarterly basis, at the same time it submits any request for
reimbursement, the City shall provide a written report to the CRA
documenting the status of the Project and the compliance of the Project
with the Plan.
d. The City shall be responsible for overseeing the Project and contracting
with E2L, LLC and other entities as necessary to effectuate the Project,
but shall coordinate with the CRA concerning compliance with the Plan.
e. Upon request from the CRA or an authorized agent of the CRA,
including the Executive Director and the CRA Attorney, the City shall
provide all documents reasonably requested by the CRA or CRA's agent
concerning compliance with this Agreement, specifically including any
documentation concerning compliance with § 163.370(3), Florida
Statutes.
4. The Parties agree that the CRA shall be responsible only for providing
reimbursement for certain expenses for the Project, as more specifically identified in
Exhibit A, and shall not otherwise be responsible for effectuating the Project.
5. The City shall indemnify, save, and hold harmless the CRA, 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 the CRA, its agents, or its
00824643-1
Page 40 of 109
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 otherwise related to the negligent or wrongful conduct or the faulty
equipment (including equipment installation and removal) of the Project. Nothing in this
Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the
CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not
be construed to require the City to indemnify the CRA for its own negligence, or intentional
acts of the CRA, 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.
6. Term of the Agreement. This Agreement shall become valid and
commence upon execution by the last Party to this Agreement, and shall terminate on
September 30, 2018 ("Termination Date"). The CRA shall not be required to reimburse
the City for any requests submitted after the Termination Date. The term of the Agreement
may be extended one time for a period of one year and may only be extended upon approval
by the CRA Board and upon the appropriation of CRA funds for intended purposes of this
Agreement in the subsequent fiscal year's budget. Such extension is only effective upon
the execution of a written amendment signed by both Parties. Nothing in this paragraph
shall be construed so as to affect a Party's right to terminate this Agreement in accordance
with other provisions in this Agreement.
7. Records. The City and the CRA each shall maintain their own 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.
00824643-1
Page 41 of 109
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 at least 1 year after the termination of the
Agreement.
8. Filing. The City shall file this Interlocal Agreement pursuant to the
requirements of Section 163.01(11) of the Florida Statutes
9. Default. If either Party defaults by failing 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 Parry giving notice of
default may terminate this Agreement through written notice to the other Party, and 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 of the City and Redevelopment
Area. Failure of any Party to exercise its right in the event of any default by the other Party
shall not constitute a waiver of such rights. No Party shall be deemed to have waived any
rights related to the other Party's failure to perform unless such waiver is in writing and
signed by both Parties. 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 Parry as may be available to it in law or equity.
10. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed
to create any rights in any third parties that are not signatories to this Agreement.
11. Compliance with Laws. The City and the 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.
00824643-1
Page 42 of 109
12. 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.
13. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other
parts of the Agreement if the rights and obligations of the parties contained herein are not
materially prejudiced and if the intentions of the parties can continue to be achieved. To
that end, this Agreement is declared severable..
14. Governing Law and Venue. The validity, construction and effect of this
Agreement shall be governed by the laws of the State of Florida. 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, to which the Parties expressly
agree and submit.
15. No Discrimination. Parties shall not discriminate against any person on
the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual
orientation or disability for any reason in its hiring or contracting practices associated with
this Agreement.
00824643-1
Page 43 of 109
16. Notice. 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: Michael Simon, Interim 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
17. No Transfer. The Parties shall not, in whole or in part, subcontract, assign,
or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to
any individual, group, agency, government, non-profit or for-profit corporation, or other
entity without first obtaining the written consent of the other Party.
00824643-1
Page 44 of 109
18. Interpretation. 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.
IN WITNESS WHEREOF, the City and the CRA hereto have executed this
Agreement as of the date set forth above.
ATTEST:
Judith Pyle, City Clerk
Approved as to Form:
Office of the City Attorney
Approved as to Form:
Office of the CRA Attorney
00824643-1
CITY OF BOYNTON BEACH,
a Florida municipal corporation
Steven B. Grant, Mayor
(SEAL)
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Steven B. Grant, Chair
Page 45 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area: 16.0000 Acres (estimated on 1647 parking spaces)
Building Area: 960,000 Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
I. Development Costs Amount Per GSF
(Building) %Category Comment
Land -Police and Fire parcel offsite, remaining acre in town square for
public 7 acres with 9 acres to be converted to private (verify with alta N/A City currently owns/sale option under
bonds to be considered for cashflow
survey)
Adjoining property purchase of existing condos
N/A
Land Closing real estate commissions and Carry Cost
Phase II
Traffic Study
Phase II
Appraisal
Phase II
Title Insurance
Phase II
Environmental (Phase 1)
Survey ALTA at Acquisition (post construction)
Legal Fees - Contact (Byrd Campbell) Jeff Bahnson
Legal Fees - Zoning (Michael Weiner)
Palm County and City Transfer Tax
Real Estate Tax Carry
Lender Financing Fee
Lender Architect / Inspections
Lease Commission brokers
Guarantor Fee
Other Closing Costs
Other Contingency
Subtotal
II. Soft Costs
Architect & Engineering - Structural (A/1/S/M/E/P)
Added Services (A&E) -Allowance to GMP
Security / Blast (Hinman)
Civil Landscape
Brownfield services-Cardno
Soil Surveys, Geotech, & Environmental -GFA
Public Relations Firm
Partnering / Conf Fees & Costs
Road Bonds
Site & Building Permits
Water & Sewer / Utility Impact Fees
Construction Photo Documentation
Insurance
Reimbursable / Printing
Legal and Bond Project Management Fees -Best & Flaggan
Soft Cost Contingency
Subtotal
Phase II
Phase II
$54,000
$25,000
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
$79.000
Confirm with Boynton Beach
Confirm with Boynton Beach
May need secondary for land closings
Estimate
City will address all related work
necessary to prepare and address
plan for remediation
Estimate
115 hours plus travel
Estimate for master plan submission
during phase I council hearings
Estimate to be confirmed for private
development
Same as transfer tax above
With CFP services and fees below
Est. - 24 inspec at $1.5K each -confirm
with Dick Ward
Costs for E2L services related to real
estate services
verify with Dick Ward on equity
Partner pursuit expenses
Estimate
Amount -' --'
% Category Comment
(Building)
Phase II
With each building costs below
Phase II
specialty design services?
N/A
N/A
estimate to be validated with Kimley
Phase II
Horn -Carried with Baker Barrios in
Master Plan Haskell D/B costs below
N/A
City to handle services through CRA
N/A
Boynton Beach to provide as needed
for Phase I services
Merchant Strategies/LDG-see Y1
$50,000
proposal provided with City
concurrence set 6.8.17 call
$30,000
2 meetings at $15k each
Phase II
confirm with City/State if required
Phase II
Estimate -Negotiate with City to reduce
for overall development
Phase II
By City of Boynton Beach
Vaktare-Complete record
$10,000
documentation of existing conditions
for archives
Contract coverages at $1 MM
$12,000
occurrence plus, Builders risk to be
determine.
$10,000
Allowance to cover Phase I
deliverables -use electronic
April,18th award to 5 month services
$175,000
for Phase I with Community Facilities
Partners.
Phase 11
to be negotiated upon definition of
Phase 11 scope
$287,000
Page 46 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area:
16.0000
Acres (estimated on 1647 parking spaces)
Building Area:
960,000
Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
Per GSF
III. Construction Period Costs
Amount
(Building) % Category Comment
Police Building (70,000 SF)
$587,308
HJHIgh and ADG-see scope and
proposal letter
Fire Station
$275,180
HJHIgh and ADG-see scope and
proposal letter
City Hall (50,000 SF)
$840,091
Confirm with Haskell and Baker
Library Renovations
w/City Hall above
determine scope of work, ADA and
structural adjustments to
accommodate City Hall
Parking garages 8B 340 cars using $15,000 Per Space
$150,000
Finfrock to complete as design build
offering-foundation design to be
conservative with no soil borings
available
Building demolitions for Police, Fire, Garage, City Hall, Civic Center
Phase II
Work to be completed in phases as
priced and scheduled by D.H Griffin
Site Infrastructure Improvements
w/City Hall above
Haskell and Kimley Horn to establish
budget to address roads, hardscape,
landscape and park areas-City to
handle all utilities to the buildings with
parameter roads
Historical High School renovations
$1,500,000
Look at secondary Bond issuance for
project if needed by Straticon, to be
paid direct with CRA funding
Dunlap and Associates on Financial pro-forma for bonds, revenues
$45,000
5 months services to be validated with
City Financial consultant based on
conference call 6.8.17
Partnership Trailer
Phase II
assume 30 months on site
Quality Control Trailer
Phase II
Co-locate if reasonable
Preconstruciton Management services by E2L
$75,000
30 % to concur with Phase I services,
City consultant for Phase I services (Stantec)
$100,000
Prepaid with award notice
Development Fee
$235,000
Phase I at 5 months/$47,000 month
with off ramp fee per contract if Phase
II not elected to proceed.
Original equity fee for Phase I services
$45,000
1.5% of Phase I cost
Subtotal
$3,852,579
IV. Interest
(at
5.00% per annum compounded monthly)
Item
at
Coverage Months
To shell completion:
Dev. Costs (1)
100% 12 $4,042
Soft costs (11)
100% 12 $14,683
Construction Period Costs (111)
65% 12 $128,118
After shell completion :
Carry on all costs to date during
i. Average Vacancy
100% 0 $0
ii. Average Rent Abatement
100% 0 $0
0
Interest on Tenant Improvements, Leasing Commissions & Space
50% 0 $0
Planning
Subtotal
$146,844
$0.00 3.4%
Total Development Cost
$4,365,423
$0.00
Page 47 of 109
5.D.
ADMINISTRATIVE
6/12/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION:
1) Adjourn Boynton Beach CRA Meeting
2) Reconvene the City Commission Meeting
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT: Non -budgeted
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
REVIEWERS:
Department Reviewer Action Date
Finance Howard, Tim Approved 6/9/2017 - 4:48 PM
Page 48 of 109
5.E.
ADMINISTRATIVE
6/12/2017
REQUESTED ACTION BY COMMISSION:
PROPOSED RESOLUTION NO. R17-057 - Authorize the Mayor to sign an I nterlocal Agreement between
the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA
funding of the Town Square Redevelopment Project for an amount not to exceed $2,100,000.
EXPLANATION OF REQUEST:
On June 12, 2017, the CRA Board approved an Interlocal agreement between the City and CRAfor
funding assistance of the Town Square Redevelopment Project.
The City is contemplating entering into an services agreement with E21- Real Estate Solutions, LLC
for this project. City and CRA staff has reviewed the elements of the project and concluded that
certain costs of the project can be funded by the CRA under the scope of the CRA's Ocean District
Plan and the CRA's 2016 Redevelopment Plan.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The ILA will allow the CRA to
fund costs associated with the project that the City is expecting to move forward.
FISCAL IMPACT: CRA will provide up to $2,100,000 towards the Town Square Project as outlined
in the ILA.
ALTERNATIVES: Do not approve ILA.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Page 49 of 109
Type
D Resolution
D I nterlocal Agreement
D Exhibit
REVIEWERS:
Department
Finance
Description
Reso ® ILA with C RA
ILA with C RA -Town Square
Exhibit
Reviewer Action Date
Howard, Tim Approved 6/9/2017 ® 4:56 PM
Page 50 of 109
I
RESOLUTION NO. R17-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF
7 PORTION OF THE TOWN SQUARE DEVELOPMENT PROJECT
s IN AMOUNT NOT TO EXCEED $2,100,000; AND PROVIDING AN
9 EFFECTIVE DATE.
10 WHEREAS; The City of Boynton Beach ("City") and the Boynton Beach
11 Community Redevelopment Agency ("CRA") have for several years jointly pursued
12 redevelopment of property within the CRA redevelopment area bounded on the north by
13 Boynton Beach Boulevard, on the south by SE 2nd Avenue, the west by Seacrest Boulevard
14 and the east by SE 1st Street. The area is commonly known as the "Town Square Project"
15 ("Project"). and
16 WHEREAS, the CRA has determined that certain costs of the Project can be funded
17 by the CRA under the scope of the CRA's Ocean District Plan and the CRA's 2016
18 Redevelopment Plan; and
19 WHEREAS, the City has entered into a Development Agreement for the Project that
20 includes improves which can and need be funded by the CRA; and
21 WHEREAS, the attached Interlocal Agreement contains the details of the CRA
22 funding commitments associated with the Project.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
[Type text]
Page 51 of 109
25 Section 1. Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
29 Boynton Beach and the Boynton Beach Community Redevelopment Agency for CRA funding
30 of portions of the Town Square Project, a copy of said Interlocal Agreement is attached hereto
31 as Exhibit "A".
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Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of , 2017.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Judith A. Pyle, CMC
City Clerk
(Corporate Seal)
[Type text]
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
YES NO
Page 52 of 109
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR THE FUNDING OF CERTAIN
PORTIONS OF THE TOWN SQUARE PROJECT
THIS AGREEMENT is made this day of , 2017 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"),
and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CRA") (individually and collectively, the "Party" or "Parties")
WITNESSETH:
WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan")
calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard
District as those Districts are described in the Plan; and
WHEREAS, the City and the CRA desire to provide funding for a project known
as the Town Square Redevelopment Project ("Project"), which falls within the CRA
boundaries, and more specifically, in the Cultural District and the Boynton Beach
Boulevard District; and
WHEREAS, the City has contracted with E2L, LLC for the Project under the
"Town Square Project -Phase I Services Agreement;" and
WHEREAS, the Project furthers the CRA's Community Redevelopment Plan
("Plan") because the Project will help prevent and eliminate slum and blight within the
Redevelopment Area, and will provide the opportunity to redevelop the area within the
Project ("Project Area") in accordance with the Plan; and
WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making
certain expenditures; and
00824643-1
Page 53 of 109
WHEREAS, the CRA desires to reimburse the City for certain expenses related
to the Project that are not prohibited by the Florida Statutes; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's
funds to implement a portion of the Project is consistent with the Community
Redevelopment Plan and Florida Statutes; and
WHEREAS, the CRA and the City find that this funding agreement serves a
municipal and public purpose, furthers the Plan, and is in the best interest of the health,
safety, and welfare of the residents and business owners within the Community
Redevelopment Area;
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the Parties hereby agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated herein.
2. Obligations of the CRA. The CRA shall provide funding to the City in
the maximum amount of $2,100,000 to be used for reimbursement of certain costs not
prohibited by § 163.370(3), Florida Statutes after receipt of a request meeting the
requirements of this paragraph. These funds shall be provided only on a "matching"
basis with City funding; provided however, the City's matching contribution is not
limited to those expenditures permitted by §163.370, Florida Statutes. Upon receipt of a
complete, written request from the City, the CRA shall make payments to the City on a
quarterly basis for the reimbursement of direct expenses related to the Project related
activities consistent with the Plan. In order to be deemed complete, the written request
from the City for payment must include copies of receipts and invoices indicating the
amount and the purpose for the payment for which the City is seeking reimbursement, as
00824643-1
Page 54 of 109
well as evidence of the City's matching contribution. The CRA shall remit payment to
the City within thirty (30) days of receipt of a complete request from the City.
3. Obligations of the City.
a. The City shall ensure funds provided by the CRA are not used for any
purposes prohibited by § 163.370(3), Florida Statutes, or otherwise
prohibited by law.
b. On a quarterly basis, at the same time it submits any request for
reimbursement, the City shall provide a written report to the CRA
documenting the status of the Project.
c. The City shall be responsible for overseeing the Project and
contracting with EM, LLC and other entities as necessary to effectuate
the Project, but shall coordinate with the CRA concerning compliance
with the Plan.
d. Upon request from the CRA or an authorized agent of the CRA,
including the Executive Director and the CRA Attorney, the City shall
provide all documents reasonably requested by the CRA or CRA's
agent concerning compliance with this Agreement, specifically
including any documentation concerning compliance with §
163.370(3), Florida Statutes.
4. The Parties agree that the CRA shall be responsible only for providing
reimbursement for certain expenses for the Project, and shall not otherwise be responsible
for effectuating the Project.
5. The City shall indemnify, save, and hold harmless the CRA, its agents,
and its employees from any liability, claim, demand, suit, loss, cost, expense or damage
00824643-1
Page 55 of 109
which may be asserted, claimed, or recovered against or from the CRA, 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 otherwise related to the negligent or wrongful conduct or the faulty
equipment (including equipment installation and removal) of the Project. Nothing in this
Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of
the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall
not be construed to require the City to indemnify the CRA for its own negligence, or
intentional acts of the CRA, 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.
6. Term of the Agreement. This Agreement shall become valid and
commence upon execution by the last Party to this Agreement, and shall terminate on
September 30, 2017 ("Termination Date"). The CRA shall not be required to reimburse
the City for any requests submitted after the Termination Date. The term of the
Agreement may be extended one time for a period of one year and may only be extended
upon approval by the CRA Board and upon the appropriation of CRA funds for intended
purposes of this Agreement in the subsequent fiscal year's budget. Such extension is
only effective upon the execution of a written amendment signed by both Parties.
Nothing in this paragraph shall be construed so as to affect a Party's right to terminate
this Agreement in accordance with other provisions in this Agreement.
7. Records. The City and the CRA each shall maintain their own 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
00824643-1
Page 56 of 109
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 at least 1 year after the
termination of the Agreement.
8. Filing. The City shall file this Interlocal Agreement pursuant to the
requirements of Section 163.01(11) of the Florida Statutes
9. Default. If either Party defaults by failing 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 terminate this Agreement through written notice to the other Party, and
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 of the City and Redevelopment
Area. Failure of any Party to exercise its right in the event of any default by the other
Party shall not constitute a waiver of such rights. No Party shall be deemed to have
waived any rights related to the other Party's failure to perform unless such waiver is in
writing and signed by both Parties. 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.
10. No Third Party Beneficiaries. Nothing in this Agreement shall be
deemed to create any rights in any third parties that are not signatories to this Agreement.
00824643-1
Page 57 of 109
11. Compliance with Laws. The City and the 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.
12. 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.
13. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other
parts of the Agreement if the rights and obligations of the parties contained herein are not
materially prejudiced and if the intentions of the parties can continue to be achieved. To
that end, this Agreement is declared severable..
14. Governing Law and Venue. The validity, construction and effect of this
Agreement shall be governed by the laws of the State of Florida. 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, to which the Parties
expressly agree and submit.
15. No Discrimination. Parties shall not discriminate against any person on
the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual
00824643-1
Page 58 of 109
orientation or disability for any reason in its hiring or contracting practices associated
with this Agreement.
16. Notice. 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: Michael Simon, Interim 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
17. No Transfer. The Parties shall not, in whole or in part, subcontract,
assign, or otherwise transfer this Agreement or any rights, interests, or obligations
00824643-1
Page 59 of 109
hereunder to any individual, group, agency, government, non-profit or for-profit
corporation, or other entity without first obtaining the written consent of the other Party.
18. Interpretation. 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.
IN WITNESS WHEREOF, the City and the CRA hereto have executed this
Agreement as of the date set forth above.
ATTEST:
Judith Pyle, City Clerk
Approved as to Form:
Office of the City Attorney
Approved as to Form:
Office of the CRA Attorney
00824643-1
CITY OF BOYNTON BEACH,
a Florida municipal corporation
Steven B. Grant, Mayor
(SEAL)
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Bv:
Steven B. Grant, Chair
Page 60 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area: 16.0000 Acres (estimated on 1647 parking spaces)
Building Area: 960,000 Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
I. Development Costs Amount Per GSF
(Building) %Category Comment
Land -Police and Fire parcel offsite, remaining acre in town square for
public 7 acres with 9 acres to be converted to private (verify with alta N/A City currently owns/sale option under
bonds to be considered for cashflow
survey)
Adjoining property purchase of existing condos
N/A
Land Closing real estate commissions and Carry Cost
Phase II
Traffic Study
Phase II
Appraisal
Phase II
Title Insurance
Phase II
Environmental (Phase 1)
Survey ALTA at Acquisition (post construction)
Legal Fees - Contact (Byrd Campbell) Jeff Bahnson
Legal Fees - Zoning (Michael Weiner)
Palm County and City Transfer Tax
Real Estate Tax Carry
Lender Financing Fee
Lender Architect / Inspections
Lease Commission brokers
Guarantor Fee
Other Closing Costs
Other Contingency
Subtotal
II. Soft Costs
Architect & Engineering - Structural (A/1/S/M/E/P)
Added Services (A&E) -Allowance to GMP
Security / Blast (Hinman)
Civil Landscape
Brownfield services-Cardno
Soil Surveys, Geotech, & Environmental -GFA
Public Relations Firm
Partnering / Conf Fees & Costs
Road Bonds
Site & Building Permits
Water & Sewer / Utility Impact Fees
Construction Photo Documentation
Insurance
Reimbursable / Printing
Legal and Bond Project Management Fees -Best & Flaggan
Soft Cost Contingency
Subtotal
Phase II
Phase II
$54,000
$25,000
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
$79.000
Confirm with Boynton Beach
Confirm with Boynton Beach
May need secondary for land closings
Estimate
City will address all related work
necessary to prepare and address
plan for remediation
Estimate
115 hours plus travel
Estimate for master plan submission
during phase I council hearings
Estimate to be confirmed for private
development
Same as transfer tax above
With CFP services and fees below
Est. - 24 inspec at $1.5K each -confirm
with Dick Ward
Costs for E2L services related to real
estate services
verify with Dick Ward on equity
Partner pursuit expenses
Estimate
Amount -' --'
% Category Comment
(Building)
Phase II
With each building costs below
Phase II
specialty design services?
N/A
N/A
estimate to be validated with Kimley
Phase II
Horn -Carried with Baker Barrios in
Master Plan Haskell D/B costs below
N/A
City to handle services through CRA
N/A
Boynton Beach to provide as needed
for Phase I services
Merchant Strategies/LDG-see Y1
$50,000
proposal provided with City
concurrence set 6.8.17 call
$30,000
2 meetings at $15k each
Phase II
confirm with City/State if required
Phase II
Estimate -Negotiate with City to reduce
for overall development
Phase II
By City of Boynton Beach
Vaktare-Complete record
$10,000
documentation of existing conditions
for archives
Contract coverages at $1 MM
$12,000
occurrence plus, Builders risk to be
determine.
$10,000
Allowance to cover Phase I
deliverables -use electronic
April,18th award to 5 month services
$175,000
for Phase I with Community Facilities
Partners.
Phase 11
to be negotiated upon definition of
Phase 11 scope
$287,000
Page 61 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area:
16.0000
Acres (estimated on 1647 parking spaces)
Building Area:
960,000
Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
Per GSF
III. Construction Period Costs
Amount
(Building) % Category Comment
Police Building (70,000 SF)
$587,308
HJHIgh and ADG-see scope and
proposal letter
Fire Station
$275,180
HJHIgh and ADG-see scope and
proposal letter
City Hall (50,000 SF)
$840,091
Confirm with Haskell and Baker
Library Renovations
w/City Hall above
determine scope of work, ADA and
structural adjustments to
accommodate City Hall
Parking garages 8B 340 cars using $15,000 Per Space
$150,000
Finfrock to complete as design build
offering-foundation design to be
conservative with no soil borings
available
Building demolitions for Police, Fire, Garage, City Hall, Civic Center
Phase II
Work to be completed in phases as
priced and scheduled by D.H Griffin
Site Infrastructure Improvements
w/City Hall above
Haskell and Kimley Horn to establish
budget to address roads, hardscape,
landscape and park areas-City to
handle all utilities to the buildings with
parameter roads
Historical High School renovations
$1,500,000
Look at secondary Bond issuance for
project if needed by Straticon, to be
paid direct with CRA funding
Dunlap and Associates on Financial pro-forma for bonds, revenues
$45,000
5 months services to be validated with
City Financial consultant based on
conference call 6.8.17
Partnership Trailer
Phase II
assume 30 months on site
Quality Control Trailer
Phase II
Co-locate if reasonable
Preconstruciton Management services by E2L
$75,000
30 % to concur with Phase I services,
City consultant for Phase I services (Stantec)
$100,000
Prepaid with award notice
Development Fee
$235,000
Phase I at 5 months/$47,000 month
with off ramp fee per contract if Phase
II not elected to proceed.
Original equity fee for Phase I services
$45,000
1.5% of Phase I cost
Subtotal
$3,852,579
IV. Interest
(at
5.00% per annum compounded monthly)
Item
at
Coverage Months
To shell completion:
Dev. Costs (1)
100% 12 $4,042
Soft costs (11)
100% 12 $14,683
Construction Period Costs (111)
65% 12 $128,118
After shell completion :
Carry on all costs to date during
i. Average Vacancy
100% 0 $0
ii. Average Rent Abatement
100% 0 $0
0
Interest on Tenant Improvements, Leasing Commissions & Space
50% 0 $0
Planning
Subtotal
$146,844
$0.00 3.4%
Total Development Cost
$4,365,423
$0.00
Page 62 of 109
5. F.
ADMINISTRATIVE
6/12/2017
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-058 -Amend the
adopted FY 2016-2017 General Fund Budget from $79,401,314 to $83,766,737, an increase of $4,365,423.
EXPLANATION OF REQUEST:
The General Fund FY 2016-17 Budget was adopted in September of 2016, via resolution R16-116. The
FY16/17 Amended Budget for the General Fund (Fund 001) has to be adjusted to appropriate funds for the
City to consider entering into an agreement for Town Square Redevelopment Phase I Services Agreement
with E2L Real Estate Solutions, LLC.. The budget amendment to amend the General Fund requires City
Commission approval.
• The General Fund (001) will be amended from $79,301,314 to $83,766,737 increase the level of
appropriations to for Town Square Redevelopment Phase I Services Agreement in FY16/17.
• The fund balance in the General Fund is approximately:
o $15,000,000
o ( 7,940,131) Emergency Reserve
( 1.006.726) Appropriated in FY16/17 Adopted Budget
* $ 6,053,143 Unassigned Fund Balance
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
The City would continue to follow good and appropriate budgeting practices.
FISCAL IMPACT:
See Exhibit A for a summary of the fiscal impact.
ALTERNATIVES: Do not approve budget amendment.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Page 63 of 109
Grant Amount:
ATTACHMENTS:
Type
D Resolution
D Exhibit
REVIEWERS:
Department
Finance
Description
Reso Budget Amendment
Exhibit A
Reviewer Action Date
Howard, Tim Approved 6/9/2017 ® 4:55 PM
Page 64 of 109
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RESOLUTION R17 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE ADOPTED BUDGET FOR
VARIOUS FUND FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2016, AND ENDING SEPTEMBER 30,2017;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND
AN EFFECTIVE DATE.
WHEREAS, a final budget was approved by the City Commission on September 20,
2016, for the fiscal year 2016-2017; and
WHEREAS, the City Manager is recommending amend the amount necessary to be
appropriated for fiscal year 2016-2017 for various funds (see Exhibit A).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the Boynton Beach, Florida, hereby
amending the appropriated FY 2016-2017 budget for the General Fund from $79,401,314 to
$83,766,737. A copy of such amendment and/or adjustment is attached hereto as Exhibit
"A" and the appropriations set out therein for the fiscal year beginning October 1, 2016 and
ending September 30, 2017, to maintain and carry on the government of the City of
Boynton Beach.
Section 3. That there is hereby appropriated revised amounts to various funds
(see Exhibit A) pursuant to the terms of the budget.
Section 4. If any clause, section or other part of this Resolution shall be held by
any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
Page 65 of 109
29 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
30 remaining portions of this Resolution.
31 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby
32 repealed to the extent of such conflict.
33 Section 6. This Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 6h day of June, 2017.
35 CITY OF BOYNTON BEACH, FLORIDA
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51 ATTEST:
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55 Judith A. Pyle, CMC
56 City Clerk
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60 (Corporate Seal)
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
YES NO
Page 66 of 109
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
BUDGETYEAR 2016-17
2016/17
CURRENT
GENERAL FUND DEPARTMENTS BUDGET
001-0000-369-22-00 CRA Reimbursement 431,000
001-0000-389-91-00 Fund Balance Appropriated 1,006,726
Adopted Fund Total Revenues
001-1211-512-34-55 Other Cont Svc/Town Sq Agreement
Adopted Fund Total Expenditures
Exhibit A
2016/17
Amendment AMENDED
Revenue Expenditures BUDGET
2,100,000 2,531,000
2,265,423 3,272,149
79,401,314 4,365,423 83,766,737
0 4,365,423 4,365,423
79,401,314
4,365,423 83,766,737
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OD246E4A-8DF5-46FE-8971-3EC500317B96\Boynton Beach. 5711.1.FY2016-17_Budget_AmendrRag&677xlof 1 090 1
5.G.
ADMINISTRATIVE
6/12/2017
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-059 -Authorize the
Mayor to sign the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions,
LLC of Winter Park, FL.
EXPLANATION OF REQUEST:
On April 18, 2017 the Commission approved the selection of the top ranked qualifier as determined by the
Evalution Committee from the Part I I responses and oral presentations to the Request for Qualifications for
City of Boynton Beach Town Square Redevelopment, RFQ No. 004-1210-17/J MA; and authorized City Staff
to conduct negotiations for a Master Development Contract for Phase I of the project with E2L Real Estate
Solutions of Winter Park, FL, the top ranked firm according to Florida State Statute 287.55, Consultants'
Competitive Negotiation Act (CCNA).
Staff has negotiated a Phase I Services Agreement with E2L Real Estate Solutions, LLC for the Town Square
Redevelopment Project. Phase I Services generally consists of;
• Sservices to prepare final plans and specifications for construction of Municipal improvements;
• Confirming programmatic scope of each component of the municipal improvements;
• Preparation of guaranteed maximum fixed price for municipal improvements for the City to consider;
• Financing plan for the project for City to consider;
• Community outreach.
At the end of Phase I, the City will determine if they wish to continue into the construction phase of the project
or not to move forward with the project.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
This agreement will provide the City with a minimum of 30% plans on the public buildings, pricing and
financing for the project.
FISCAL IMPACT:
If at the end of Phase I the City decides not to proceed with E2L Real Estate Solutions, LLC as provided for
in the agreement, the City agrees to pay an amount not to exceed $4,365,423 (City has I LA with CRA for
$2,100,000 funding) so net cost to the City would be $2,265,423.
ALTERNATIVES: Do not approve agreement with E2L Real Estate Solutions, LLC.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
Page 68 of 109
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
D
Resolution
D
Agreement
D
Exhibit
D
Exhibit
D
Exhibit
REVIEWERS:
Department
Finance
Description
Reso ® To So Phase I
To So Phase I Agreement
Exhibit A Preliminary Site Plan
Exhibit B Pre Development Schedule
Exhibit C Fee Schedule Phase I Svcs
Reviewer Action
Howard, Tim Approved
D ate
6/9/2017 ® 5:58 PM
Page 69 of 109
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RESOLUTION NO. R17 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE PHASE 1 SERVICES
AGREEMENT WITH E2L REAL ESTATE SOLUTIONS,
LLC FOR THE DEVELOPMENT OF THE TOWN
SQUARE PROPERTY; AUTHORIZING THE MAYOR
TO SIGN THE AGREEMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach (the "City") issued Request for
Qualifications for the City of Boynton Beach Town Square Redevelopment RFQ No. 004-
1210-17/7MA (the "RFQ") for the planning, developing, financing, and completing of certain
public improvements and private improvements for redevelopment of an approximately 16
acre site described as the Boynton Beach Town Square Project (the "Project"); and
WHEREAS, E2L Real Estate Solutions, LLC, a Florida limited liability company,
(the "Company") submitted a response to the RFQ on March 9, 2017, and was selected as the
successful proposer; and
WHEREAS, the Company, pursuant to the Phase 1 Services Agreement, which is
attached hereto as Exhibit "A", (the "Agreement") shall provide the specific Phase 1 Services
as identified in the Agreement with respect to the planning, developing, financing, and
completing of the Project; and
WHEREAS, the public improvements components to be developed pursuant to the
Agreement include the following: a new City Hall, a new Police Station, a new Fire Station
#1, a new public parking ramp, public park and open space improvements, and infrastructure
improvements throughout the Project (together, the "Municipal Improvements"; and
WHEREAS, the RFQ included a request to provide renovations and improvements to
a historic High School Building located on East Ocean Avenue east of Seacrest Boulevard in
the City (the "High School Improvements"); and
{00187240.1 306-9001821}
Page 70 of 109
30 WHEREAS, the RFQ included a request to provide other privately owned
31 commercial and residential developments to be constructed on land in the Project currently
32 owned or controlled by the City (the "Private Improvements"); and
33 WHEREAS, as part of the Agreement, the City Commission agrees, by separate
34 resolution, to budget and appropriate as a separate budgetary line item, funds sufficient to
35 pay the Company for the Phase 1 Services, which include the development of plans for the
36 Municipal Improvements, High School Improvements, Private Improvements, as well as
37 stabilization of the High School, as provided in the Agreement; and
38 WHEREAS, City Staff has reviewed the Company's response and the Agreement,
39 and recommends that the Commission approve the service agreement.
40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
41 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
42 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
43 ratified and confirmed by the City Commission.
44 Section 2. The City Commission hereby approves the Town Square
45 Redevelopment Phase 1 Services Agreement with E2L Real Estate Solutions, LLC (the
46 "Agreement")
47 Section 3. The Mayor is authorized to sign the Agreement with E2L Real Estate
48 Solutions, LLC, and to take any and all actions necessary to implement the Agreement, a
49 copy of which is attached hereto as Exhibit "A".
50 Section 4. That this Resolution will become effective immediately upon passage.
51
{00187240.1 306-9001821}
Page 71 of 109
52 PASSED AND ADOPTED this day of , 2017.
53 CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
Judith A. Pyle, CMC
City Clerk
(Corporate Seal)
{00187240.1 306-9001821}
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
YES NO
Page 72 of 109
Draft Dated:
June 9, 2017
TOWN SQUARE REDEVELOPMENT
PHASE 1 SERVICES AGREEMENT
By and Between
CITY OF BOYNTON BEACH, FLORIDA
and
E2L REAL ESTATE SOLUTIONS, LLC ("COMPANY")
Dated: , 2017
(00187454.1306-9905263) Page 73 of 109
TABLE OF CONTENTS
ARTICLE I SCOPE OF SERVICES.......................................................................................... 3
Section I.I. Services Rendered by Company.............................................................. 3
Section 1.2. Standard of Care....................................................................................... 4
ARTICLE II REPRESENTATIONS AND WARRANTIES.................................................... 4
Section 2.1. Representations and Warranties of the City .......................................... 4
Section 2.2. Representations and Warranties of the Company ................................. 4
Section 2.3. Reliance on Representations, Warranties and Covenants .................... 4
ARTICLE III SCOPE OF PHASE 1 SERVICES..................................................................... 5
Section3.1. General....................................................................................................... 5
Section 3.2. Phased Development Services.................................................................. 5
Section 3.3. Fees; Payment of Expenses...................................................................... 8
Section 3.4. Contingencies to Future Phases............................................................... 9
ARTICLEIV TERM.................................................................................................................... 9
Section4.1. Term........................................................................................................... 9
ARTICLE V NON-DISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY ....
10
Section 5.1. Company Shall Not Discriminate..........................................................
10
Section 5.2. Equal Employment Opportunity...........................................................
10
Section 5.3. Service Providers/Subcontractors.........................................................
10
ARTICLE VI INDEMNIFICATION........................................................................................ 11
Section 6.1. Duty to Indemnify the City Against Loss ............................................. 11
Section 6.2. Limit on Duty to Indemnify................................................................... 11
ARTICLE VII INDEPENDENT CONTRACTOR STATUS ................................................. 11
Section 7.1. Independent Company Status................................................................ 11
Section 7.2. No Withholding; Form 1099 Reporting ................................................ 11
ARTICLE VIII GOVERNING LAW; VENUE....................................................................... 12
Section8.1. Governing Law; Venue........................................................................... 12
ARTICLE IX RETENTION, ACCESS AND OWNERSHIP OF RECORDS ..................... 12
Section 9.1. Florida's Public Records Law................................................................ 12
Section 9.2. Right to Audit; Access............................................................................ 13
Section9.3. Ownership................................................................................................ 13
ARTICLE X TERMINATION.................................................................................................. 13
Section 10.1. Termination for Cause........................................................................... 13
Section 10.2. Termination for Convenience................................................................ 13
Section 10.3. Survival of Certain Provisions ....................Error! Bookmark not defined.
ARTICLE XI INSURANCE...................................................................................................... 15
ARTICLE XII NOTICE............................................................................................................. 15
Section 12.1. Notice Addresses..................................................................................... 15
(0°187454.13°6-99°5263) 1 Page 74 of 109
Section 12.2. Notice Effective Dates............................................................................. 15
Section 12.3. Routine Communications....................................................................... 15
ARTICLE XIII GENERAL PROVISIONS.............................................................................
16
Section 13.1. No Assignment Without Consent..........................................................
16
Section 13.2. Conflict of Interest..................................................................................
16
Section 13.3. Compliance with Laws; Duty to Notify of Wrongdoing;
Cooperation with Investigations............................................................
16
Section13.4. Nonwaiver................................................................................................
16
Section13.5. Severability..............................................................................................
16
Section 13.6. Schedules and Exhibits...........................................................................
16
Section 13.7. Rules of Construction.............................................................................
17
Section13.8. Amendment.............................................................................................
17
Section 13.9. No Third -Party Beneficiaries.................................................................
17
Section 13.10. Time is of the Essence.............................................................................
17
Section 13.11. Non-Exclusive..........................................................................................
17
Section 13.12. Prohibition Against Financial Interest in Agreement .........................
17
Section 13.13. Remedies Cumulative.............................................................................
17
Section 13.14. Complete Agreement..............................................................................
17
Section 13.15. Representatives Not Individually Liable ..............................................
18
Section 13.16. Disclaimer of Relationships....................................................................
18
Section13.17. Counterparts...........................................................................................
18
EXHIBIT A Preliminary Site Plan
EXHIBIT B Pre -Development Schedule
EXHIBIT C Detailed Fee Schedule for Phase 1 Services
EXHIBIT D Detailed Schedule of Phase 1 Deliverables
{00187454.1306-9905263} ii Page 75 of 109
AGREEMENT
THIS AGREEMENT, made effective as of the day of , 2017 , by and
between the City of Boynton Beach, Florida (hereinafter referred to as the "City"), and having
its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0310,
and E2L Real Estate Solutions, LLC ("Company") a Florida Limited Liability Company and its
"Development Team" described below and.
WITNESSETH:
WHEREAS, the City is a body politic and corporate under the laws of the State of
Florida; and
WHEREAS, the Company is a Florida limited liability company and lead of a
development team formed to undertake, in partnership with the City, public improvements and
private improvements to redevelop an approximately 16 acre site described as the Boynton
Beach Town Square Project, along with a 3 +/- acre police station site and a 1 +/- acre fire
station site (collectively, the "Project"); and
WHEREAS, the City has undertaken the process for a Request for Qualifications to find
a development partner to assist the City in planning, developing, financing, and completing the
Project consisting of the following:
(a) a new City Hall
(b) Library improvements,
(b) a new Police Station,
(c) a new Fire Station #1,
(d) a new public parking garage,
(e) public park and open space improvements, and
(e) infrastructure improvements throughout the Project
(together, as further described below, the "Municipal Improvements," and individually each
constituting a "Component" of the Municipal Improvements); and
WHEREAS, the Request For Qualifications included a request to provide renovations
and improvements to a historic High School Building located on East Ocean Avenue east of
Seacrest Boulevard in the City (the "High School Improvements"); and
WHEREAS, the Request For Qualifications included a request to provide other privately
owned commercial and residential developments to be constructed on land in the Project
currently owned or controlled by the City (the "Private Improvements"); and
t0°18'454.13°6-99°5263) 1 Page 76 of 109
WHEREAS, the Company participated as the lead member of a team that provided a
Response, dated March 9, 2017 (the "Response") to the City's Request for Qualifications,
consisting of:
• Company as master development manager;
• CFP Boynton Beach Town Square, LLC, a Florida limited liability company, as
developer of and obligor for the financing for the Municipal Improvements, (hereinafter
referred to as the "CFP"), whose sole member is Community Facility Partners, a
Minnesota nonprofit corporation and a qualified tax-exempt charitable organization under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, having its principal
office at 18336 Minnetonka Boulevard, Suite C, Deephaven, Minnesota 55391;
• ADG Architects ("ADG") as Company's architects and designers of the Police Station
Component and the Fire Station Component;
• HJ High Construction ("HJ High") as Company's contractor for the Police Station
Component and the Fire Station Component;
• REG Architects ("REG") as the Company's architect and designer of the High School
Component;
• Straticon, Inc. ("Straticon") as the contractor for the High School Component and
developer/owner of the senior living flats portion of the Private Improvements;
• Baker Barios Architects ("Baker") as architects and designers of the City Hall, Library
and Park Public Improvements;
• Haskell Construction ("Haskell") as the contractor for the City Hall, Library,
Infrastructure and Park Public Improvements;
• Kimley Horn Engineers ("Kimley Horn") as civil engineers for the Infrastructure Public
Improvements;
• JMK Developers/Blackrock ("JMK") as the developer/owner of the senior assisted living
facility and the multifamily rental housing facility portions of the Private Improvements;
• certain other professional service providers and consultants, (all of the foregoing
collectively referred to as the "Development Team"), all as more fully described in the
Response; and,
WHEREAS, the Company provided a written and oral presentation in connection with
the Response, which generally described the proposed locations and certain details of the
Municipal Improvements, the High School Improvements and the Private Improvements,
including a Preliminary Site Plan which is attached hereto as Exhibit "A"; and
t0°18'454.13°6-99°5263) 2 Page 77 of 109
WHEREAS, the City Commission on April 18, 2017 ranked Company as the top ranked
Proposer and authorized and directed the City's staff, attorneys and other consultants to negotiate
the necessary agreements for the development of the Project; and
WHEREAS, subject to the completion of the Phase I Services pursuant to this
Agreement, the City and the Company may enter into further agreements including, but not
limited to, a Master Project Management Agreement (the "Master Agreement") to provide the
terms under which the Company will perform additional services, and serve as master project
manager for the development of the Project in accordance with the Response, subject to
amendment based upon the City and Company's mutual agreement; and
WHEREAS, the City has requested the assistance of the Company, along with the
Development Team, to provide turn -key professional services (the "Services") associated with
the design, engineering, planning, construction, equipping and financing of the Municipal
Improvements, and the City desires to enter into this Agreement with the Company to provide or
cause others to provide such professional services for the development of the Municipal
Improvements (the "Development"); and
WHEREAS, the City and the Company have agreed to proceed under the terms of this
Agreement to define and to provide specified professional services required to be furnished by
the Development Team with respect to the general design and plans and specifications of and to
obtain Guaranteed Maximum Price Construction Contracts for the Municipal Improvements and
to provide other professional service providers acceptable to the City with respect to the legal
and financing structure, the sources of funding for, and the financial feasibility of the
Development; and
WHEREAS, the City is authorized to enter into this Agreement to provide for certain
services described herein required for the development, financing and construction of the
Municipal Improvements; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
SCOPE OF SERVICES
Section I.I. Services Rendered by Company. Company agrees to perform (or, to the
extent the services are to be provided by the Development Team to cause the appropriate
member of the Development Team to perform) the Services set forth in Article III of this
Agreement ("Phase 1 Services"). Company shall cooperate with the City and any other
attorneys, consultants or contractors providing services to the City as needed in the performance
of such Services. The Company may replace a current member of the Development Team with
another professional service provider and/or consultant as determined in Company's sole
discretion; provided, however, Company may not do so without the prior approval of City. City
will not contract with or engage any member of the Development Team for any professional
services related to or in connection with Phase 1 of the Project without the prior approval of
Company.
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Section 1.2. Standard of Care. Company hereby represents and warrants that each
person providing Phase 1 Services, including the Company and each member of the
Development Team, has the requisite skills and expertise necessary to perform the Phase 1
Services. Accordingly, Company and each such person shall be obligated to perform the
Services with the same degree of care, skill and diligence as would be ordinarily exercised by a
competent practitioner of the same profession in which such person is engaged in providing
similar services in major United States metropolitan areas under the same or similar
circumstances.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City represents and
warrants that:
A. the City has the legal authority to enter into this Agreement; and
B. the City's Mayor has been authorized by the City Commission to execute
this Agreement.
Section 2.2. Representations and Warranties of the Company. The Company
represents and warrants that:
A. the Company, through its duly authorized representative, has the full
power and authority to enter into and execute this Agreement and, as such, this Agreement is
legally binding upon and enforceable against Company in accordance with its terms;
B. the Company is not under any obligation to any other party that would be
inconsistent with or in conflict with this Agreement or that would prevent, limit or impair in any
way its performance of any obligations hereunder;
C. the Company and each person selected by the Company to perform the
Phase 1 Services in connection with the Development has the requisite expertise, qualifications,
staff, materials and equipment in place and available to enable it to fully perform the Phase 1
Services and Company and such third persons, along with their respective employees, as
required, and all sub -contractors, if any and as required, possess all necessary permits, licenses,
consents, registrations and/or certifications required under federal, state and/or local law to
perform the Phase 1 Services; and
D. the Company has read and fully understands the terms, covenants and
conditions set forth in this Agreement and is executing the same willingly and voluntarily of its
own volition.
Section 2.3. Reliance on Representations, Warranties and Covenants. All
representations, warranties, covenants and agreements made in this Agreement are intended to be
material and shall be conclusively deemed to have been relied upon by the receiving party.
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ARTICLE III
SCOPE OF PHASE 1 SERVICES
Section 3.1. General. Company agrees to provide the Phase 1 Services as contained in
this Agreement.
Section 3.2. Phased Development Services. The Phase 1 Services to be performed
hereunder will be rendered and paid for as provided herein. The execution of this Agreement
constitutes the City's authorization for the Company to perform the Phase 1 Services. The
Company is not authorized to proceed with any additional services or work unless and until it
receives a written notice to proceed from the City.
A. Phase 1 Services. The Phase 1 Services are sometimes referred to as the
Pre -Development Services, and generally consist of Services required to be performed prior to
the preparation of final plans and specifications for construction of the Municipal Improvements.
Phase 1 Services consist of:
(i) confirming the programmatic scope of each Component of the Municipal
Improvements,
(ii) preparation, for the approval of the City, of one or more comprehensive
Guaranteed Maximum Fixed Price Construction Contracts to provide the
cost to design, construct and equip each Component of the Municipal
Improvements to full completion and ready for occupancy by the persons
occupying space in such Component of the Municipal Improvements,
including a budget of the expense of the Services required to be performed
in connection with the Development. The parties approve of and agree
that the Company will engage the Development Team to assist in
performing Phase 1 Services.
(iii) have Company and Company's Contractors will be utilizing specialty
contractors to generate design and pricing documents in support of the
GMP's for each respective scope of work to be included in subsequent
phases.
B. Preliminary Planning and Programming of Phase 1 Services. As a part of
the Phase 1 Services, Company agrees to hold workshop sessions with the representatives of the
City not less frequently than the times set forth in the Pre -Development Schedule attached hereto
as Exhibit "B". The Pre -Development Schedule also sets forth the target dates for the other
Phase 1 Services. The City agrees to meet with the Company (or, at the Company's direction,
the respective members of the Development Team) and to cooperate and assist in the planning
and programming of the Development. As part of the Preliminary Planning and Programming
Services, the Company shall coordinate or assist with the following:
(i) Completion of the decision matrix of the proposed building locations.
(ii) Decide on ability to combine the City Hall with the Library on the same
site.
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(iii) Public relations and community outreach associated with the Project;
(iv) High School Stabilization Services, which shall include, but not be limited
to the following: preparation of a budget estimate for stabilization of the
existing building, weatherization of existing building, clean up of existing
building, and design fees for improvements to existing building all of
which shall be performed by Straticon and paid by City.
(v) Public workshops on Architectural Theme, Open Space Development, and
Playground Development, as defined herein, not more frequently than the
times set forth in the Pre -Development Schedule attached hereto as
Exhibit "B". The above -referenced terms as defined as follows:
a. Architectural Theme — The style of the buildings to be constructed.
b. Open Space Development — The proposed landscape and
hardscape design for the common open space for the project.
C. Playground Development — The design, appearance, and feel of
any proposed playground area.
C. The final determination of space requirements for each Component of the
Municipal Improvements and the actual planning and programming of the Development will be
contingent on the amount of funding available to be applied to the total costs of the Development
and the approval of CFP, the Underwriter, and the Issuer for the issuance of revenue Bonds to
support the amount of funds required for the Development.
D. Preliminary Documents. Following the completion of Preliminary
Planning and Programming Services in Section B above, Company will prepare in accordance
with the Pre -Development Schedules the documents listed below (the "Preliminary
Development Documents"). The Preliminary Development Documents shall include:
(i) preliminary design proposals (drawings and data resulting from the
Workshops illustrating building massing on the site and general locations
of types of spaces on each floor) to a level of 30% of final drawings and
specifications; and up to 75% design drawings and specifications for
infrastructure as deemed appropriate to identify and price the respective
work for the GMP estimates to be provided for City approval.
(ii) preparation of design proposals (drawings and data resulting from the
Workshops illustrating building massing on the site and general locations
of types of spaces on each floor) to a level that allows for the
determination of a Guaranteed Maximum Price without contingencies for
unknown issues, unless Company and City agree that the scope is not
identifiable at time of Phase 1 Services completion schedule. Typically
this would require drawings completed to 30%, but each Component of
the Project may require different percentage of completed drawings to
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establish the Guaranteed Maximum Price without contingencies for
unknown issues for that specific Component;
(iii) Guaranteed Maximum Price Construction Contracts, DBIA Forms, where
possible, for each Component of the Municipal Improvements; and
(iv) preliminary project schedule. Throughout the development of the
Preliminary Development Documents, the Company shall insure that the
following items are addressed:
a. Coordination of utility requirements and planning with the City Public
Services Department, Florida Power & Light, and the South Florida
Water Management District, including the preparation of any and all
permit applications needed for development;
b. Provide the necessary documentation required by the City to submit to
Planning and Zoning Board Master Site Plan and Site Plans for the
Police Station and Fire Station #1 locations.
c. Provide the necessary documentation required by the City to submit
the Master Site Plan for consideration by City Commission for the
Police Station and Fire Station #1 locations.
d. Develop an Energy Utility Decision Matrix for the Development as
well as the Police Station and Fire Station #1 Components.
(v) As part of the development of the Preliminary Development Documents
for each Component, the Company shall insure that the following
milestones are addressed:
d. Review of plans by City staff at 10% of final drawings;
e. Building program development and approval by City staff,
including Chief Building Official;
f. Architectural rendering review and approval by the City
Commission;
g. For proposed Police Station site at High Ridge Road
located in the Quantum Park Community Development District,
Company shall also prepare preliminary stormwater design and
calculations, and 30% architectural renderings and plans for review
by the Quantum Park Community Development District; and
h. For the Town Square Open Space, consideration shall be
given to event space programming, place -making programming,
and specific public information workshops to address open space
development and use.
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(vi) As part of the development of the Guaranteed Maximum Price,
Construction Contracts for each Component, and any lease/purchase
agreement for the Development, the Company shall insure that there is an
open book review of all costs, fees, and charges, the development of the
fee schedule, operating cost schedule, and structure of lease/purchase
agreement. All of these elements shall be subject to staff review and City
Commission approval.
E. Notice of Approvals. The City shall provide the Company with written
notice of its approval of the Preliminary Development Documents for each Component of the
Municipal Improvements, or any objections thereto within ten (10) days after the delivery thereof
to the City before any further work under this Agreement shall proceed with respect to such
Component.
F. A Detailed Schedule of Deliverables to be provided by Company as part
of the Phase 1 Services provided pursuant to this Agreement is included in Exhibit "D", which
is attached hereto and incorporated herein by reference.
G. Additional Financing Services which may be provided in Phase 1. As part
of its Services, the Company, subject to approval of the City, will identify, source, manage and
coordinate the full financing of the Municipal Improvements with the assistance of CFP, the
Underwriter, the Issuer, and Dunlap & Associates, as financial advisor to the Company (the
"Financial Advisor"). All such services shall be reimbursable under this Agreement in
accordance with Exhibit "C".
H. Agreement for Acquisition of the Property. During Phase 1, Company
and City may negotiate and enter into an agreement for the purchase of each parcel of the
Property required for the Municipal Improvements. In the event any purchase and sale
agreements are entered into between City and Company, the parties shall negotiate the respective
responsibilities and fees related to the development of the properties.
Section 3.3. Fees; Payment of Expenses.
A. Phase 1 Fee. The Company will perform the Phase 1 Services for a not to
exceed amount of and 00/100 Dollars ($ ) (the
"Phase 1 Fee"). The Phase 1 Fee will be full compensation for all Phase 1 Services performed
by the Company. The Phase 1 Fee will be earned and payable, including any third party
expenses incurred by the Company for the benefit of the Development, in accordance with the
Detailed Fee Schedule for Phase 1 Services attached hereto as Exhibit "C", which is
incorporated herein by reference. The total of the Phase 1 Fee shall not exceed the amounts set
forth herein, unless the City requests additional Services and approves such additional Services
in writing. The City Commission, contemporaneously with the approval of this Agreement, has,
by the passage of Resolution No. of the City, budgeted, appropriated, and established a
separate line item in the City budget to fund the Phase 1 Fees obligated pursuant to this
Agreement for the Phase 1 Services and the High School Stabilization. City acknowledges that
(0°187454.13°6-99°5263) 8 Page 83 of 109
Company is relying on this funding commitment by City to obligate financial commitments to
members of the Development Team with full recourse to City for payment pursuant to the terms
of this Agreement, no later than twenty (20) days after the City provides written notice to the
Company of the City's determination to not proceed beyond Phase 1. The Phase 1 Fee shall
include the $100,000 repayment of fees provided to City by Company on May 16, 2017 in
support of City's consultant Stantec.
B. High School Stabilization Fee. Straticon will perform the High School
Stabilization Services, as defined herein, for a not to exceed amount of
and 00/100 Dollars ($ ) (the "High School Stabilization Fee"). The
High School Stabilization Fee will be full compensation for all High School Stabilization
Services performed by Straticon pursuant to this Agreement. The High School Stabilization Fee
will be earned and payable, including any third party expenses incurred by Straticon for the
benefit of the Development, in accordance with the Detailed Fee Schedule for High School
Stabilization Services included in Exhibit "C", which is attached hereto and incorporated herein
by reference. The City will issue payment directly to Straticon for work performed for the High
School Stabilization Services.
C. Third Party Fees and Expenses. All fees charged for third party services
(including, but not limited to, fees and expenses of CFP, the Architects, the Contractors, the
Underwriter, the Issuer, the Financial Advisor, construction costs and legal fees), which are
included in the Phase 1 Fee due to the Company, shall be charged by the vendors thereof at
customary and usual rates and costs for similar services provided by competing vendors for
similar projects in the Boynton Beach area, with a schedule and budget of such expenses,
including the rate for the same provided in advance by the Company to the City.
D. Payment of Invoiced for Services. The Company shall review any and all
invoices for third party services and Third Party Advisors. The Company shall be responsible
for determining that any such invoiced services have been duly performed and invoiced in
accordance with the agreements for the provision of such third party services.
Section 3.4. Contingencies to Future Phases. Company is authorized to proceed with
the Phase 1 Services only, and the Company agrees that it is not authorized to proceed with any
other work unless and until it receives a written notice to proceed from the City. As a part of the
Phase 1 Services Company may suggest and develop more efficient and economical ways to
complete the Development; provided, however, that any such modifications contemplated by this
Agreement shall be subject to approval by the City Commission and shall otherwise comply with
all legal requirements relating to the development of the Municipal Improvements.
ARTICLE IV
TERM
Section 4.1. Term. This Agreement shall commence on the date hereof, and shall
continue until the earlier of:
(i) the completion of the Phase 1 Services and the payment of the Phase 1 Fee, or
(0°187454.13°6-99°5263) 9 Page 84 of 109
(ii) the termination of this Agreement by either party as provided herein or by
law.
ARTICLE V
NON-DISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY
Section 5.1. Company Shall Not Discriminate. In the performance of this
Agreement, Company agrees not to discriminate on the basis, whether in fact or perception, of a
person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender
identity, domestic partner status, marital status, physical or mental disability or AIDS- or HIV -
status against:
A. Any employee of the City or any Company employee working with
Company in any of Company's operations involving the Development; or
B. Any person seeking accommodations, advantages, facilities, privileges,
services, or membership in all business, social, or other establishments or organizations operated
by Company. Company agrees to comply with and abide by all applicable federal, state and
local laws relating to non-discrimination, including, without limitation, Title VI of the Civil
Rights Act of 1964, Section V of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990.
Section 5.2. Equal Employment Opportunity. Company further agrees not to
discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion,
national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status,
marital status, physical or mental disability or AIDS- or HIV -status against any applicant for
employment with Company. Further, Company agrees to take affirmative action to ensure that
that the applicants are considered for employment and that employees are treated during
employment without unlawful regard to such person's race, color, creed, religion, national origin,
ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status,
physical or mental disability or AIDS- or HIV -status. Such action shall include, without
limitation, the following areas: employment, promotion, demotion, transfer or layoff, recruitment
or recruitment compensation; and selection for training. Company agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause. Further, Company agrees all solicitations or
advertisements for employees placed by or on behalf of Company shall state that all qualified
applicants will receive consideration for employment without regard to race, creed, color, sex or
national origin.
Section 5.3. Service Providers/Subcontractors. Company shall incorporate by
reference in all subcontracts and other agreements with persons engaged to provide services in
connection with the Development the provisions of this Article and shall require all such
subcontractors and service providers to comply with such provisions. Company's failure to
comply with the obligations in this subsection shall constitute a material breach of this
Agreement.
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ARTICLE VI
INDEMNIFICATION
Section 6.1. Duty to Indemnify the City Against Loss. Company agrees to protect,
defend, indemnify and hold harmless the City, its elected officials and employees (collectively,
the "Indemnified Parties") from and against all claims, actions, liabilities, losses (including,
without limitation, economic losses) and costs, arising out of or related to a breach or default by
Company of its obligations under this Agreement. The indemnification shall include any
reasonable attorney's fees and paralegal expenses, and court costs incurred at both the trial and
appellate levels.
Section 6.2. Limit on Duty to Indemnify. Notwithstanding anything to the contrary
herein, Company shall not be required to indemnify the Indemnified Parties to the extent of their
fault for any loss that results from the negligence or breach of contract of any of the Indemnified
Parties.
ARTICLE VII
INDEPENDENT CONTRACTOR STATUS
Section 7.1. Independent Company Status. Company shall not be deemed an
employee of the City. As such, the Company agrees that it shall not hold itself or any of its
employees, subcontractors or agents to be an employee of the City. Further, the Company
acknowledges and agrees that, as an independent contractor, neither the Company nor any of its
employees shall be entitled to receive any benefits that employees of the City are entitled to
receive, including, without limitation, workers' compensation coverage, unemployment
compensation coverage, medical insurance, life insurance, paid vacations, paid holidays, sick
leave, pension, or Social Security for any services rendered to the City under this Agreement.
Section 7.2. No Withholding; Form 1099 Reporting. The Company understands and
agrees that:
A. The City will not withhold on behalf of the Company any sums for any
federal, state or local income tax, unemployment insurance, social security, or any other
withholding pursuant to any law or requirement of any governmental body, and that the City will
not make available to the Company any of the benefits afforded to employees of the City;
B. All of such withholdings and benefits, if applicable, are the sole
responsibility of Company; and
C. Company will indemnify and hold the City harmless from any and all loss
or liability arising with respect to any such withholdings and benefits. The parties agree that if
the Internal Revenue Service questions or challenges Company's independent contractor status,
both Company and the City shall have the right to participate in any discussion or negotiation
with the Internal Revenue Service. Company acknowledges that all compensation paid to
Company pursuant to this Agreement will be reported annually by the City to the Internal
Revenue Service on Form 1099.
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ARTICLE VIII
GOVERNING LAW; VENUE
Section 8.1. Governing Law; Venue. This Agreement shall be construed and
enforced in accordance with the laws of the State of Florida, excepting its conflict of law
provisions. Venue for any litigation filed to enforce any right, obligation, or responsibility of
either party under this Agreement shall be filed in the appropriate state or federal court located in
Palm Beach County, Florida.
ARTICLE IX
RETENTION, ACCESS AND OWNERSHIP OF RECORDS
Section 9.1. Florida Public Records Law. Pursuant Section 119.07, Fla. Stat., as may
be amended from time to time, Company shall keep and maintain public records that ordinarily
and necessarily would be required by the City in order to perform the Company's obligations
pursuant to the terms of this Agreement. The Company agrees to comply with the following
requirements:
A. Upon request from the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes
or as otherwise provided by law.
B. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term and following completion of the Agreement if the Company
does not transfer the records to the City.
C. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in possession of the Company or keep and maintain public records required by the
City to perform the services required pursuant to this Agreement. If the Company transfers all
public records to the City upon completion of the Agreement, Company shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Company keeps and maintains public records upon completion of
the Agreement, the Company shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology
systems of the City.
D. Failure of the Company to abide by the terms of this provision shall be
deemed a material breach of this Agreement. This provision shall survive any termination or
expiration of this Agreement.
E. IF THE COMPANY HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, THE COMPANY, ITS OFFICERS,
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REPRESENTATIVES, AND EMPLOYEES MUST CONTACT THE CITY
OF BOYNTON BEACH'S RECORDS CUSTODIAN AT 561-629-8585,
PYLEJ@BBFL.US, OR 100 EAST BOYNTON BEACH BOULEVARD,
BOYNTON BEACH, FL 33425.
Section 9.2. Right to Audit; Access. At any time during normal business hours, upon
receipt of reasonable notice and as often as the City may deem necessary, Company shall make
all data, records, reports and all other materials relating to this Agreement available to the City
for examination and copying. In addition, Company shall permit the City to audit, and shall
cooperate fully in any such audit of, all invoices, materials, payrolls, work papers, personnel
records and other data necessary to enable the City to verify the accuracy of Company's invoices
for payment for the performance of the Services.
Section 9.3. Ownership of records, work product, plans and program designs.
Upon payment of all fees for Phase 1 Services provided by the City to the Company, any and all
plans, designs, project drawings, notes, tables, graphs, reports, files, documents, records, disks,
or other such material, regardless of form and whether finished or unfinished, (collectively,
"Work Product") of Company or members of the Development Team shall be deemed owned by
the City, treated as public records, and be delivered to the City on request by the City. Company
or members of the Development Team waive any claim to confidentiality, proprietary status, or
public record exemption with regard to any Work Product for the public improvements that are
contemplated by this Agreement. The Company hereby further grants to City a non-exclusive
license to use the Work Product for marketing purposes.
ARTICLE X
TERMINATION
Section 10.1. Termination for Cause. The City and Company shall each have the right
to terminate this Agreement for cause, effective immediately upon the giving of written notice to
the other party of its intent to terminate and the reasons therefor. If the termination for cause is
subsequently challenged in a court of law and if the challenging party prevails, the termination
for cause shall be deemed to be a termination for convenience and shall be effective thirty (30)
days from the date that the original written notice of termination for cause was given to the
challenging party and no further notice shall be required.
Section 10.2. Termination for Convenience. The City shall have the right to terminate
this Agreement without cause by giving written notice to Company of its intent to terminate at
least thirty (30) days prior to the date of termination. In the event the City elects to terminate for
convenience, the City shall be obligated to pay Company only for those Services performed by
Company under this Agreement up to and through the date of termination, consistent with the
Phase 1 Fee as provided in Exhibit "C", plus all demobilization costs incurred by the
Development Team, as agreed to by the City and the Company, including costs associated with
any public records requirements, less any payments made to Straticon for the High School
Stabilization Services performed pursuant to this Agreement, and the Company shall have no
further liability or obligations to City under this Agreement.
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Section 10.3. Contract Off Ramp. The parties acknowledge that City's ability to
successfully complete the Project may be significantly impacted if City elects to terminate
Company's services at the conclusion of the Phase 1 Services, rather than proceeding to develop
the Project, and certain design sub -consultants are not available to continue working on the
Project. Consequently, Company hereby agrees that if City terminates the Agreement at the
conclusion of the Phase 1 Services for cause or other reason acceptable to Company, such as
funding not approved, or acts of God, City shall have the right to contract directly with such
design sub -consultants for design -related services on this Project, and Company shall take such
steps as are reasonably necessary to enable City to implement such relationship. Should City
elect to terminate Company's services at the conclusion of the Phase I Services for convenience
or without cause, Company will be offered an opportunity to negotiate with the City for a
continued role as project manager for each successive Phase. If the Company and City cannot
reach an agreement regarding future project management services within 45 days of the City's
decision to proceed with another Phase, the negotiation shall be deemed concluded and the City
will pay Company a separation fee of $350,000.00 of reasonably provable costs and expenses
Company shall provide in any design sub -consultancy agreements that subject to the provisions
of this Section 10.3, City shall have the right to negotiate directly with such design sub -
consultants for the continuation of their services with respect to the Project, and that any
provisions with respect to copyright or the ownership of instruments of service confirm such
right of City.
A. If the parties are unable to reach an agreement on Company's proposed
contract price and/or leases as contemplated to be elements of the Phase 2
Services, pursuant to Section 3.2 of this Agreement, within the time limit
proposed therein, then the proposed contract price shall be deemed withdrawn and
of no effect. In such event, City and Company shall meet and confer as to how
the Project will proceed, with City having the following options:
i. City may declare Phase 1 Services completed and authorize
Company to continue to advance the final design of the Project as
an extension of Phase 1 or as an Additional Service, as applicable;
or
ii. City may terminate the relationship with Company and proceed to
exercise its available options to perform the final design and
construction with parties other than Company.
B. If City fails to exercise either of its options under Section 10.3.A within
ten (10) days of delivery to the City of the Preliminary Development Documents,
Company may give written notice to City that it considers this Agreement
completed. If City fails to exercise either of the options under Section 10.3 within
ten (10) days of receipt of Company's notice, then this Agreement shall be
deemed completed.
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Section 10.5. Survival of Certain Provisions. All representations and warranties and all
responsibilities regarding record retention, access and ownership, cooperation with
investigations, indemnification and payment for services rendered shall survive the termination
of this Agreement and continue in full force and effect.
ARTICLE XI
INSURANCE
During the Term of this Agreement, the Company shall, at all times, maintain (a)
adequate worker's compensation and unemployment insurance coverage for its employees, if
applicable, in accordance with state law and (b) comprehensive general liability insurance in
amounts not less than $1,000,000 per occurrence. Company's general liability insurance shall
name the City as an additional insured and shall provide that any such policy will not be subject
to cancellation or change except after at least thirty (30) days' prior written notice to the City.
The policies or duly executed certificates for the same, together with satisfactory evidence of the
payment of the premium thereon, shall be provided to the City, and upon renewals of such
policies, not less than thirty (30) days prior to the expiration of the term of such policies.
ARTICLE XII
NOTICE
Section 12.1. Notice Addresses. Any notice, demand, communication or request
required or permitted hereunder shall be in writing and delivered in person or by certified mail,
return receipt requested as follows:
A. in the case of the City, addressed to or delivered personally to the City of
Boynton Beach, at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0310,
Attention: City Manager with a copy to James A. Cherof, City Attorney, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33425-0310; and
B. in the case of the Company, addressed to or delivered personally to the
Company at E2L Real Estate Solutions, LLC, 1400 W. Fairbanks Ave., Suite 201, Winter Park,
Florida 32789, Attention Mark Hefferin, President; with a copy to Jeff Bahnsen, Esq., 433
W. Plaza Real 2, Boca Raton, Florida 33432.
Section 12.2. Notice Effective Dates. Notices shall be effective when received by each
of the above -referenced individuals at the addresses specified above. Each party shall be
responsible for notifying the other in writing of any changes in the respective addresses set forth
above.
Section 12.3. Routine Communications. Nothing contained in this Article shall be
construed to restrict the transmission of routine communications between representatives of the
City and the Company.
{00187454.1306-9905263} 15 Page 90 of 109
ARTICLE XIII
GENERAL PROVISIONS
Section 13.1. No Assignment Without Consent. This Agreement is personal to each of
the parties hereto, and neither party may assign or delegate any rights or obligations hereunder
without first obtaining the written consent of the other party.
Section 13.2. Conflict of Interest. Company agrees to decline any offer of work,
whether as an independent contractor or employee, if such work would:
A. Affect Company's independent professional judgment with respect to its
performance of the Services; or
B. In any way interfere with Company's ability to discharge any of its
obligations under this Agreement. The initial determination of whether any offer of work would
present such a conflict of interest shall rest with Company. However, Company shall be
obligated to notify the City and provide full disclosure as to any possible adverse effects of such
work as it relates to Company's independent professional judgment or the discharge of any of its
obligations under this Agreement. Final decision as to whether any such work proposes a
prohibited conflict of interest shall rest with the City.
Section 13.3. Compliance with Laws; Duty to Notify of Wrongdoing; Cooperation
with Investigations. In performing the Services, Company shall, at its own expense, comply
with all applicable federal, state and local laws, regulations and codes. Company shall be
obligated to immediately notify the City of any notice or allegation of wrongdoing or of any
material third -party complaint relating to this Agreement. Upon request of the City, the
Company shall fully cooperate in any investigation by furnishing any documents, records or
other testimonial evidence pertinent to such investigation.
Section 13.4. Nonwaiver. The failure of either party to insist upon strict compliance
with any provision of this Agreement, to enforce any right or to seek any remedy upon discovery
of any default or breach of the other party at such time as the initial discovery of the existence of
such noncompliance, right, default or breach shall not affect, nor constitute a waiver of, any
party's right to insist upon such compliance, exercise such right or seek such remedy with
respect to that default or breach or any prior, contemporaneous or subsequent default or breach.
Section 13.5. Severability. The parties hereto intend all provisions of this Agreement to
be enforced to the fullest extent permitted by law. Accordingly, if a court of competent
jurisdiction finds any provision to be unenforceable as written, the parties intend and desire that
the court will reform the provision so that it is enforceable to the maximum extent permitted by
law. If, however, the court finds such provision to be illegal and not subject to reformation, such
provision shall be fully severable. In such event, this Agreement shall be construed and enforced
as if such illegal, invalid or unenforceable provision was never a part hereof, and the remaining
provisions of this Agreement shall remain in full force and effect.
Section 13.6. Schedules and Exhibits. All Schedules and Exhibits attached hereto shall
be and hereby are incorporated into this Agreement as if fully rewritten herein.
{00187454.1306-9905263} 16 Page 91 of 109
Section 13.7. Rules of Construction. The headings and captions of this Agreement are
provided for convenience only and are not intended to have effect in the construction or
interpretation of this Agreement. Whenever herein the singular number is used, the same shall
include the plural, where appropriate, and neutral words and words of any gender shall include
the neutral and other gender, where appropriate. Neither this Agreement nor any uncertainty or
ambiguity herein shall be construed or resolved in favor of or against the City or Company on
the basis of which party drafted the uncertain or ambiguous language. On the contrary, this
Agreement has been reviewed by all parties and shall be construed and interpreted according to
the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of
all parties hereto.
Section 13.8. Amendment. No amendment of or modification to this Agreement shall
be valid unless and until executed in writing by the duly authorized representatives of both
parties to this Agreement.
Section 13.9. No Third -Party Beneficiaries. This Agreement is entered into for the
exclusive benefit of the Company, the Development Manager and the City, and the Company
and the City expressly disclaim any intent to benefit anyone not a party hereto, other than the
Development Manager.
Section 13.10. Time is of the Essence. The City and the Company each acknowledge
and agree that time is of the essence in the performance of this Agreement.
Section 13.11. Non -Exclusive. This Agreement shall be non-exclusive. Accordingly,
subject to Section 2 of this Article XIII, Company shall be free to provide services to other
clients, and City shall be free to engage the services of other contractors unrelated to the
Development.
Section 13.12. Prohibition Against Financial Interest in Agreement. No elected
official or employee of City shall have a financial interest, direct or indirect, in this Agreement.
For purposes of this Section, a financial interest held by the spouse, child or parent of any elected
official or employee of City shall be deemed to be a financial interest of such elected official or
employee of City.
Section 13.13. Remedies Cumulative. No remedy set forth in this Agreement or
otherwise conferred upon or reserved to any party shall be considered exclusive of any other
remedy available to a party. Rather, each remedy shall be deemed distinct, separate and
cumulative and each may be exercised from time to time as often as the occasion may arise or as
may be deemed expedient.
Section 13.14. Complete Agreement. Company specifically acknowledges that in
entering into and accepting this Agreement, Company relies solely upon the representations and
agreements contained in this Agreement and no others. This Agreement supersedes and replaces
any and all prior agreements, negotiations and discussions between the parties hereto with regard
to the terms, obligations and conditions herein.
t00187454.1306-9905263} 17 Page 92 of 109
Section 13.15. Representatives Not Individually Liable. No member, official, or
employee of either party shall be personally liable to the other party, or any successor in interest,
in the event of any default or breach or on any obligations under the terms of the Agreement.
Section 13.16. Disclaimer of Relationships. The City and the Company acknowledge
that nothing contained in this Agreement nor any act by the City or the Company shall be
deemed or construed by any of them or by any third person to create any relationship of principal
and agent, limited or general partner, or joint venture between or among the City, the Company
and/or any third party.
Section 13.17. Original Copy. One original of this Agreement will be executed and
maintained by the City Clerk of the City. The City Clerk will provide a certified copy to the
Company.
t00187454.1306-9905263} 18 Page 93 of 109
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Company has caused this Agreement to be duly executed in its name
and behalf on the dates set forth below.
I:•
Judith Pyle, CMC
City Clerk
(Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
James A. Cherof
City Attorney
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
I�
STEVEN B. GRANT, MAYOR
ATTEST:
t00187454.1306-9905263} 19 Page 94 of 109
EM REAL ESTATE SOLUTIONS, LLC
3
Name
Its
Date:
t0°18'454.13°6-99°5263) 20 Page 95 of 109
EXHIBIT A
Preliminary Project Site Plan
(00187454.1306-9905263) Page 96 of 109
EXHIBIT B
PRE -DEVELOPMENT SCHEDULE
(00187454.1306-9905263) Page 97 of 109
EXHIBIT B
Pre -Development Schedules
A. City Hall Component Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
B. Police Station Component Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
C. Fire Station Component Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
D. Parking Garage COMDonent Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
E. Park and Public Spaces Station Component Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
F. Infrastructure Component Schedule
[Date] Workshop No. 1
[Date] Workshop No. 2
[Date] Conceptual Design Plans
[Date] 30% Plans and Specifications Documents
[Date] Guaranteed Maximum Price Construction Contract
(00187454.1306-9905263) Page 98 of 109
EXHIBIT C
DETAILED FEE SCHEDULE FOR
PHASE 1 SERVICES
AND
HIGH SCHOOL STABILIZATION SERVICES
(00187454.1306-9905263) Page 99 of 109
EXHIBIT D
DETAILED SCHEDULE OF PHASE 1 DELIVERABLES
CITY AND COMPANY WILL FINALIZE THIS SCHEDULE WITHIN TEN (10) DAYS
OF SIGNATURE OF THIS AGREEMENT BY BOTH PARTIES
(00187454.1306-9905263) Page 100 of 109
Exhibit 1
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Exhibit 3
Page 105 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area: 16.0000 Acres (estimated on 1647 parking spaces)
Building Area: 960,000 Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
I. Development Costs Amount Per GSF
(Building) %Category Comment
Land -Police and Fire parcel offsite, remaining acre in town square for
public 7 acres with 9 acres to be converted to private (verify with alta N/A City currently owns/sale option under
bonds to be considered for cashflow
survey)
Adjoining property purchase of existing condos
N/A
Land Closing real estate commissions and Carry Cost
Phase II
Traffic Study
Phase II
Appraisal
Phase II
Title Insurance
Phase II
Environmental (Phase 1)
Survey ALTA at Acquisition (post construction)
Legal Fees - Contact (Byrd Campbell) Jeff Bahnson
Legal Fees - Zoning (Michael Weiner)
Palm County and City Transfer Tax
Real Estate Tax Carry
Lender Financing Fee
Lender Architect / Inspections
Lease Commission brokers
Guarantor Fee
Other Closing Costs
Other Contingency
Subtotal
II. Soft Costs
Architect & Engineering - Structural (A/1/S/M/E/P)
Added Services (A&E) -Allowance to GMP
Security / Blast (Hinman)
Civil Landscape
Brownfield services-Cardno
Soil Surveys, Geotech, & Environmental -GFA
Public Relations Firm
Partnering / Conf Fees & Costs
Road Bonds
Site & Building Permits
Water & Sewer / Utility Impact Fees
Construction Photo Documentation
Insurance
Reimbursable / Printing
Legal and Bond Project Management Fees -Best & Flaggan
Soft Cost Contingency
Subtotal
Phase II
Phase II
$54,000
$25,000
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
Phase II
$79.000
Confirm with Boynton Beach
Confirm with Boynton Beach
May need secondary for land closings
Estimate
City will address all related work
necessary to prepare and address
plan for remediation
Estimate
115 hours plus travel
Estimate for master plan submission
during phase I council hearings
Estimate to be confirmed for private
development
Same as transfer tax above
With CFP services and fees below
Est. - 24 inspec at $1.5K each -confirm
with Dick Ward
Costs for E2L services related to real
estate services
verify with Dick Ward on equity
Partner pursuit expenses
Estimate
Amount -' --'
% Category Comment
(Building)
Phase II
With each building costs below
Phase II
specialty design services?
N/A
N/A
estimate to be validated with Kimley
Phase II
Horn -Carried with Baker Barrios in
Master Plan Haskell D/B costs below
N/A
City to handle services through CRA
N/A
Boynton Beach to provide as needed
for Phase I services
Merchant Strategies/LDG-see Y1
$50,000
proposal provided with City
concurrence set 6.8.17 call
$30,000
2 meetings at $15k each
Phase II
confirm with City/State if required
Phase II
Estimate -Negotiate with City to reduce
for overall development
Phase II
By City of Boynton Beach
Vaktare-Complete record
$10,000
documentation of existing conditions
for archives
Contract coverages at $1 MM
$12,000
occurrence plus, Builders risk to be
determine.
$10,000
Allowance to cover Phase I
deliverables -use electronic
April,18th award to 5 month services
$175,000
for Phase I with Community Facilities
Partners.
Phase 11
to be negotiated upon definition of
Phase 11 scope
$287,000
Page 106 of 109
Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B)
Boynton Beach Town Square Public Sector -25 or 30 year term lease
Site Area:
16.0000
Acres (estimated on 1647 parking spaces)
Building Area:
960,000
Gross Square Feet (pending final program)
Rentable Square Feet
Net Usable Square Feet
Per GSF
III. Construction Period Costs
Amount
(Building) % Category Comment
Police Building (70,000 SF)
$587,308
HJHIgh and ADG-see scope and
proposal letter
Fire Station
$275,180
HJHIgh and ADG-see scope and
proposal letter
City Hall (50,000 SF)
$840,091
Confirm with Haskell and Baker
Library Renovations
w/City Hall above
determine scope of work, ADA and
structural adjustments to
accommodate City Hall
Parking garages 8B 340 cars using $15,000 Per Space
$150,000
Finfrock to complete as design build
offering-foundation design to be
conservative with no soil borings
available
Building demolitions for Police, Fire, Garage, City Hall, Civic Center
Phase II
Work to be completed in phases as
priced and scheduled by D.H Griffin
Site Infrastructure Improvements
w/City Hall above
Haskell and Kimley Horn to establish
budget to address roads, hardscape,
landscape and park areas-City to
handle all utilities to the buildings with
parameter roads
Historical High School renovations
$1,500,000
Look at secondary Bond issuance for
project if needed by Straticon, to be
paid direct with CRA funding
Dunlap and Associates on Financial pro-forma for bonds, revenues
$45,000
5 months services to be validated with
City Financial consultant based on
conference call 6.8.17
Partnership Trailer
Phase II
assume 30 months on site
Quality Control Trailer
Phase II
Co-locate if reasonable
Preconstruciton Management services by E2L
$75,000
30 % to concur with Phase I services,
City consultant for Phase I services (Stantec)
$100,000
Prepaid with award notice
Development Fee
$235,000
Phase I at 5 months/$47,000 month
with off ramp fee per contract if Phase
II not elected to proceed.
Original equity fee for Phase I services
$45,000
1.5% of Phase I cost
Subtotal
$3,852,579
IV. Interest
(at
5.00% per annum compounded monthly)
Item
at
Coverage Months
To shell completion:
Dev. Costs (1)
100% 12 $4,042
Soft costs (11)
100% 12 $14,683
Construction Period Costs (111)
65% 12 $128,118
After shell completion :
Carry on all costs to date during
i. Average Vacancy
100% 0 $0
ii. Average Rent Abatement
100% 0 $0
0
Interest on Tenant Improvements, Leasing Commissions & Space
50% 0 $0
Planning
Subtotal
$146,844
$0.00 3.4%
Total Development Cost
$4,365,423
$0.00
Page 107 of 109
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION: None
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
REVIEWERS:
Department
City Clerk
6.A.
CONSENTAGENDA
6/12/2017
Reviewer Action Date
Pyle, Judith Approved 6/9/2017 ® 4:52 PM
Page 108 of 109
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 6/12/2017
REQUESTED ACTION BY COMMISSION: None
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
REVIEWERS:
Department
City Clerk
9.A.
PUBLIC HEARING
6/12/2017
Reviewer Action Date
Pyle, Judith Approved 6/9/2017 ® 4:52 P
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