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Agenda 04-12-05BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Tuesday, April 12, 2005 Commission Chambers Boynton Beach 6:30 P.M. IV. Call to Order. Roll Call. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda. - 8057 A. Approval of Minutes, February 19th & 20th, 2005 Retreat, March 17t', 2005 and March 23, 2005 meetings. - 8058 B. Financial Report. - 8146 C. Consideration of Final Direct Incentive Agreement for the Promenade of Boynton. - 8147 D. Consideration of Interlocal Agreement between the City of Boynton Beach and the CRA for the Demolition of Boynton Terrace Apartments. - 8168 E. Consideration of Facade Grant Extension for Delray-Boynton Academy.- 8170 8O52 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares LSCRA Agenda\CRA Agendas 2005\CRA Agenda April 12, 2005.doc Fo Consideration of Fa¢ade Grant Reimbursement of Salefish Realty Inc. for $9,226.77. - 8172 Consideration to Purchase a Ten (10) Foot Utility Easement from the L & F Realty Corporation for the location of underground FPL utilities for the Boynton Beach Blvd retention project. - 81'/4 Ho Consideration of Self Assembly Grant for the ("SEBOF") Group, South Eastern Block of Ocean and Federal. - 8176 Consideration of Purchase of Properties in the MLK Redevelopment Area. - 8183 A Public Audience. - 8184 Public Hearing. - 8185 Old Business A. New Site Plan (Tabled to April 12, 2005) 01. PROJECT: Boynton Beach Lofts (NWSP 05-008) (Tabled to April 12, 2005) - 8186 AGENT: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares L:\CRA Agenda'~CRA Agendas 2005\CRA Agenda April 12, 2005.doc 8053 B. ,Hei.qht Exception - (Tabled to April 12, 2005) PROJECT: AGENT: Boynton Beach Lofts (HTEX 05-001) (Tabled to April 12, 2005 -8211 Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Mr. Louis F. Mascia/Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: New Business Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. A. Code Review 1. PROJECT: Urban Commercial Districts (CDRV 05-004) - 8220 AGENT: City Staff LOCATION: Community Redevelopment Area DESCRIPTION: Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side corner yard building setbacks for parcels currently zoned Office and Professional District (C-1), Neighborhood Commercial District (C-2), Community Commercial District (C-3), and Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares L:\CRA Agenda\CRA Agendas 2005\CRA Agenda April 12, 2005.doc PROJECT: AGENT: LOCATION: DESCRIPTION: General Commercial District (C-4), located within targeted areas of the CRA. LDR Revision (CDRV 05-007) - 8226 City initiated N/A Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 4.B, 4.J, and 5.A-5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds. Pulled Consent Agenda Items - 8227 Old Business. - 8228 IX. XI. XII. XIII. A. Consideration of Corporation Sponsorship for the NAACP Tabled to April 12, 2005 meeting. - 8229 B. Consideration of WI-FI services contract with the City of Boynton Beach IT Department. - 8231 New Business. - 8233 A. Consideration to Award a service contract for the Trolley Marketing Program Implementation. - 8234 Commission Action. - 8241 Director's Report. - 8242 Board Member Comments. - 8256 Legal. - 8257 A. Consideration of the presumption of prejudice in quasi-judicial hearings arising from ex parte communications. - 8258 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares L:\CRA Agenda\CRA Agendas 2005\CRA Agenda April 12, 2005.doc XIV, Other Items. - 8265 XV. Future Agenda Items. - 8266 XVI. XVll. A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk (TBD). B. Consideration of Interlocal Agreement between the CRA and the City for the MLK Phase I Project (TBD). C. Consideration of Interlocal Agreement between the CRA and the City of Boynton Beach for Events and Festival services. Future Project Preview. - 8267 Adjournment. -8268 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares L:\CRA Agenda\CRA Agendas 2005\CILA Agenda April 12, 2005.doc IV. Consent Agenda 8057 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the nroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY RETREAT HELD IN NAPLES, FLORIDA AT THE INN AT FIFTH AVENUE ON FEBRUARY 19 AND 20, 2005 Present: Staff: Jeanne Heavilin, Chairperson Henderson Tillman James Barretta Al DeMarco Steve Myott Doug Hutchinson, CRA Director Susan Vielhauer, Controller Vivian Brooks, Planner Nicole Monet, Bookkeeper Annette Gray, Administrative Assistant Call to Order The workshop was called to order at 8:00 a.m. on Saturday, February 19, 2005 Scope and Purpose Mr. Hutchinson noted that Boynton Beach has been studied to death. At some point there will be nothing left to build in Boynton Beach. Staff is attempting to get direction from the Board to take the visions and plans and throw them out for discussion to determine what is going on. That is the reason there are no models or charrettes being presented. If there is anything on the agenda that any member would like to discuss further, please speak up. Roll Call Mr. Hutchinson welcomed Ms. Vivian Brooks to the CRA and noted that Ms. Brooks will be a great addition to the staff. Ms. Vielhauer called the roll and the following members were present: Jeanne Heavilin, Steve Myott, Al DeMarco, James Barretta and Henderson Tillman. Mr. Hutchinson reported that Mr. Fenton is out of the Country and Ms. Horenburger is unable to travel. The two areas that Mr. Hutchinson would like to cover this morning are organization and hiring an Assistant Director. When an Assistant Director was first brought up, it was met well with the Board members. Also, members wanted to set some criteria and begin a search for an Assistant Director for someone who has credentials for downtown programs and the search may have to go national. The Assistant Director would be responsible for operations. There are a lot of things that need to be managed which this person could be doing. With regard to agenda preparation, as the workload increases, things begin to fall through the cracks and there is not one person that is in charge of getting this done. Mr. Hutchinson, noted, however, that the agenda process has come a long way. However because there is not one person in charge, someone assumes that something has been done and that is not 8058 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 the case. He noted that there have been times when four staff members have had to pitch in to get the agenda done. The Assistant Director taking this on is crucial. Compensation and Goals Currently there are no plans for compensation. There is no system in place for a pay structure and position goals and measurable benchmarks on how to measure that performance. Mr. Hutchinson would like to have a pay program, pay scale and benefit package and how employees are measured. As we start to get competitive this becomes critical. They are looking for a Secretary and this is a very difficult position to fill. They need to have a merit system in place that would be built into the budget. He will be bringing this up in the next budget year. He noted they don't have time for "rookies." All CRA hires have had extensive background. Ms. Brooks falls into this category. Mr. Hutchison stated that the Assistant Director would oversee operations that would include finance and operations. Mr. Myott referred to the discussions that took place when the Board was considering hiring Mr. Sugerman and what he would do. Mr. Hutchinson pointed out that the CRA has one of the top bond ratings in the State and it is important to have a strong second in command person in the event something happens to him. Mr. Hutchinson pointed out that Ms. Vielhauer is very capable and can hold her own on the accounting end of the operations. He is confident about this part of the operation of the CRA. Chairperson Heavilin noted that were some concerns at the last meeting regarding the time for bringing an Assistant Director onboard. She would like the Board to come to a consensus on this. Mr. Myott asked what the schedule was so they could begin talking about it. Chairperson Heavilin recommended discussing it during the next budget year. Mr. Henderson said when they discussed Mr. Sugerman there was no organization system in place that measures merit and tracks employees, which is what that person would be doing. He noted that the CRA is separate from the City government and the number 2 person should have the same kind of background as the number 1 person. He thought Mr. Sugerman's governmental background was different from Mr. Hutchinson and this was not the direction that the CRA was going in. Mr. Sugerman was a government operation's man and this is not what they need. Chairperson Heavilin said that the Board needs to set the criteria for this position. Mr. Hutchinson said that this workshop would reveal the amount of work that the CRA already has. He noted that they are competing statewide for key positions. Chairperson Heavilin stated that they have brought people in that they want and as a result have had to make exceptions in the pay scale. She equated this to mean that the pay scale needed to be adjusted. Mr. Hutchinson reminded the Board that they had hired an outside HR company that performed this work. At that time, there was a lot of discussion of where the numbers came from. When they begin to look for an Assistant Director, Mr. Hutchinson recommended that they list the entire pay range and see what they get. He recommended proceeding this way before doing a survey. 8O59 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Myott felt from the job description, it appeared that this was more of an internal manager type position. Mr. Hutchinson stated that they needed to be made aware of this. Mr. Myott said that it should be stated as such and Mr. Hutchinson said that it was in the job description and what Mr. Myott is looking at are task assignments. Mr. Hutchinson stated he would bring a complete packet to the Board that would include the job description, pay scale, where to advertise and scope of work for the Assistant Director to the April meeting for review so they could begin the hiring process for an Assistant Director. Mr. DeMarco felt it was important that Board members be kept informed so they can address these items properly. Mr. Hutchinson noted that it was important for Board members to keep their monthly meetings with the Director so he can keep them apprised of what is going on. If necessary, staff will send members a reminder of their meeting date and time. Mr. Myott inquired what the payscale range was for the Assistant Director position. Mr. Hutchinson stated it was between $49,000 and $68,000. Mr. Myott inquired if these were realistic figures. Mr. Hutchinson did not think that they were. Mr. Myott felt that these figures needed to be increased to attract the right person to the job. Mr. Henderson was opposed to hiring Dale Sugerman, not so much because of the money, but because of the organizational system. He did not want to have to adjust pay scales every time a new employee came on Board and felt that there needed to be a system in place to address this. Mr. Hutchinson noted with regard to the people that applied to the Planner position, out of the 25 people, one applicant was earning $75,000 and he wasn't any where as good as Ms. Brooks. He felt that they would know right away whether their target pay scale would work. For now, Mr. Hutchinson thought they should stick with their target for now and he will come up with a proposal and the idea is to bring as many qualified applicants in as possible. Mr. Tillman was fine with the way Mr. Hutchinson wanted to proceed and he thought that having these discussions was a positive thing. If they find out that what they are offering is too Iow, then they would have to do what is possible to get the best person for the job. Mr. Hutchinson will revisit the job description and will determine if the current pay scale should be included in the advertising for the position. Chairperson Heavilin asked if the members were agreeable proceeding this way. Mr. Tillman did not think they could have this ready for March and thought April would be more realistic. Mr. Hutchinson noted that the March meeting was a week late and the April meeting would be upon them real quick. Therefore, he did not think that there was much difference between the March and April Meeting. Mr. Myott noted that this might not be the highest priority item when the workshop concludes. With regard to the one-on-one meetings, Mr. DeMarco noted that he always comes to the meeting with a list of questions that he would like to discuss and he felt that this was a good way to do these meetings. Purchasing Manual The changes in red made to the Purchasing Manual in the green section of the packet were made at the request of the Board's legal counsel. They found that in events and for 8060 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 professional services starling at $25,000 under State regulations must go out for bidding. The purchasing manual thresholds were at $10,000 and they were left at $10,000 and above coming to the Board. However, the Executive Director has been given latitude to accomplish things under $10,000 on a professional basis. In other words, it makes no sense that they would have to go out for bid for a band for an event. What is being presented mimics what the City does. Mr. Bressner furnished him with a copy of the City's Purchasing Manual procedures. He noted that the City Manager has discretion up to $25,000, but Mr. Hutchinson is leaving it at $10,000 for the CRA. This leaves flexibility for professional services that fall into those categories. They are looking at several concepts for properties and to get the surveys going, they want to use Suntext who has done all their business so far. What they had to do to get a simple survey done was crazy. They are not asking for authority, and the Executive Director would be able to move forward on them. Mr. Myott noted that it appears that Mr. Hutchinson would not be required to obtain quotes for items up to $2,000; verbal quotations up to $5,000, written quotes over $5,000, and an informal bid process up to $10,000. Chairperson Heavilin felt that this language needed clarification and requested that Mr. Hutchinson bring something back to the March meeting. Mr. Myott noted that Mr. Hutchinson approves everything and thought there should be other ways to approve things when Mr. Hutchinson was not available. Mr. Hutchinson did not think it was necessary to make any changes to the process. Mr. Hutchinson felt that only one person should be responsible for these decisions Chairperson Heavilin thought that Mr. Myott brought up a good point in the event that Mr. Hutchinson was not available, someone should be able to make a decision. Mr. Hutchinson, for now, would like to leave it as is. Eventually when there is an Assistant Director on board, he would be a backup for the Executive Director. Mr. Tillman recommended adding language that would state in the absence of the Executive Director, whatever has to be done would be done by his designee. Members felt that this would be sufficient. He will bring this back to the Board in March for review. It was noted that these limits had been discussed on several occasions and Mr. Myott felt that the Iow limits were out of date. Mr. Hutchinson pointed out that when the CRA was formed there were no documents or guidelines and everything that was done was done from scratch. Mr. Myott asked for an explanation of the CRA purchasing card program-employee agreement mentioned on page 30 of the Purchasing Agreement. Mr. Hutchinson explained that if any employee creates a problem using the credit card, they would be responsible for it. Three employees have a credit card and all three employees have signed a guarantee that is a protection for the CRA. Trolley Marketing Program There is an RFP out for someone to put the marketing plan in place. They did not receive qualified responses on the first request and another RFP was done. A review of the marketing plan took place. The plan calls for three events. Mr. Hutchinson pointed out that they are receiving a lot of attention statewide for the technology they are proposing for use of 8061 4 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 swipe cards on the trolleys. The advertising will have an interaction with the ridership. This will make it more attractive to advertisers to become part of their marketing program. They will also be receiving a $250,000 grant from the Federal government without any attachments. There is a high probability of this grant continuing for at least another two to three years. Boynton Beach is the first small town that is using technology to track certain things for its transit system. A person will receive a travel card that will be swiped when entering the trolley. When the card is swiped a person will receive free coupons that will come out of a dispenser. The advertisers know that the people will come to their store that equates to business for that particular business. A card can only be swiped once and a person cannot sit there and swipe the card as much as he wants. By using the card, they will be able to track ridership and what coupons are being used. Maintaining good records will enable staff to go out for additional grants and would be valuable to the advertisers. Mr. Myott inquired when the trolleys would begin operating and Mr. Hutchinson stated they have to obtain permits for the signs. Mr. Myott inquired about the trolley routes. Mr. Hutchinson responded that the trolley routes could not overlap more than 25% of any other mass transit systems. There will be an uptown and downtown trolley route and an Ocean downtown route. Mr. Myott inquired if the trolley would go to the beach and Mr. Hutchinson stated that it would not. The trolley is for jobs, visitation to the hotels and a linkage to Tri-Rail for the most needy populations in the City. The trolley will go to Gateway, near VRG, the train station, Mall and all the hotels. In the Heart of Boynton, only 38% of the households have two cars and yet over 89% have two workers. Therefore, with the trolley going down MLK, should do very well. The problem getting it started is the MPO has not completed the Interlocal Agreement and they don't have enough time to address the signage problem. They have completed the liability issues and sign placement and Susan has been doing all the work. Mr. Hutchinson anticipates that the trolleys would be up and running in a month or two. He pointed out that they are furthest along with this grant than any other community. Mr. Myott inquired if the route could be adjusted and Mr. Hutchinson reviewed the route with the members on the map. Mr. Hutchinson stated that they would be hiring a company to go out and obtain the advertising, signage, events, ticket process, etc. There is no cost to ride the trolley for John Q Public. This is imperative for a new trolley system. Sears has indicated an interest in advertising on the trolley and the advertising potential is tremendous. Initial estimates indicate that the trolley system could be run at a profit with no grants. Even if this is not the case, there are two grants to operate the system. Mr. Hutchinson will be bringing this back to the Board with proposals and recommendations. Mr. DeMarco inquired why they skipped addressing the Police program and Mr. Hutchinson stated he wanted to delay looking at this until they have looked at other issues. Mr. DeMarco inquired if the Board was aware they are trying to get additional police officers. Mr. Hutchinson stated that staff has received proposals from the Police Department on how much it would cost to add additional officers and the Chief is aware of this. Mr. Hutchinson stated 8062 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 that there is information in the members' packet addressing this. Ms. Hutchinson intended addressing this in the afternoon session. Mr. Myott inquired about the timing on the new trolley-marketing plan. Ms. Vielhauer stated that this would be presented at the April meeting with an analysis of the responses. Mr. Hutchinson stated that they did not need to have a marketing plan in place to run the trolleys. Chairperson Heavilin inquired if the final paperwork for the trolley signs has been completed and Ms. Vielhauer stated that it is almost ready, but there are a few things left to do, but staff is aware of what must be done. Public Comment, Inquiries, Response Program Mr. Hutchinson would like to have an open house workshop for the public. He would like to receive reports from INCA and the five HOA in the Heart of Boynton. He would like to have an open house for the public to visit with the Board, like a town meeting. Mr. Myott would like to invite all HOA in the CRA, not just INCA. The meetings would be advertised. Mr. Hutchinson would like to have an open house twice a year to allow people to come in and discuss anything they would like. Mr. Tillman felt that they need to get out into the community and make presentations to the people in an informal setting. He felt that taking this approach would be very effective. He was opposed to the "forum" approach. CRA District Issues Mr. Hutchinson pointed out that the CRAs in the State of Florida are being mandated to "get real." This CRA with the amount of development taking place and the planning being done will be in a situation between the 7th and 10~h years to have enough increment to do projects that could only overwhelm. Therefore, he would like to drop areas that have been redeveloped back in to the City rolls, which the CRA is allowed to do. We would be the first CRA in the State to have a plan to do this. Bond counsel has never heard of it. Therefore, they need to have a plan that takes the property from the C-16 canal north on Federal to Woolbright south and give it back to the City. Mr. Hutchinson would like this area to go back on the tax rolls for several reasons. One is he thinks the State will be mandating this; another reason, this would put approximately $400 million to $500 million into the tax increment. There will be new rules for CRAs to deal with. CRAs would not be receiving 100% of the increment. Mr. Hutchinson noted that he would need help to get the Museum on the water built. If they underwrite 10% to 20% of the Museum on the water, they could get money backing for five years just from the TIF alone. In seven to ten years they should have a plan in place that would not be set by the Board, but by a mechanism, when the "TIFs get to this, you would consider this." I want the County and the City to support this project. This is nothing that they would be moving on today, but he wanted the Board to be aware of this. Mr. Hutchinson stated that by the CRA reducing their borders, the CRA would gain power. 8063 6 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Myott noted that as redevelopment occurs, the CRA has done their job and he saw no reason why they should not give back some of the land. He wondered as they gave land back, would they gain new CRA areas. Mr. Hutchinson felt that the between 1-95 and Woolbright Road from Federal is an area the CRA could address. Chairperson Heavilin also thought about the area from Industrial Avenue west of 1-95 could be an area they could give back to the City and Mr. Hutchinson agreed that this should be looked at. There was discussion about having a strategic plan about property redistribution that would extend to 2030 and beyond. Mr. Hutchinson said that this is something they need to start looking at now because it takes years for this type of planning. Mr. Hutchinson reported that the two TCEAs that are being submitted to DCA, DCA called the CRA and said they are now the models for the State of Florida and they asked permission to use them. The Affordable Housing Program and the incentive programs are now State standards. Organization BID (Business Improvement Districts), and DDAs are parallel, but are structured differently from the CRA. These entities deal with private sectors exclusively. Mr. Myott asked for the meaning of the acronyms used by Mr. Hutchison. · BID is a Business Improvement District · DDA is a Downtown Development Authority. · BIA is a Business Improvement Association Mr. Hutchinson stated that the CRA needs to start setting rules when functions take place in the CRA area, otherwise, everyone would be doing their own thing. He is making the recommendation that they move forward with the purchase of the operating marina on the waterfront, which they are about to lose. He will be discussing this further this afternoon. This is where he would like to place the first BID (Business Improvement District). They would start with this small area and grow. When the CRA has completed dealing with the blighted issues, there will be a well-established BID. He did not think it was too early to talk about this. Within in the next 12 months he anticipates coming to the Board with the first BID. He anticipates that this is 10 years away, but they need to start planning now. At some point a BID could stand on its own. Mr. Tillman asked how this process would be initiated. Mr. Hutchinson responded that nothing could be done until there is organizational structure and the bids are put in place. Mr. Hutchinson noted that West Palm Beach has a DDA as well as a CRA and he anticipates that this CRA will involve having a DDA as well, which is the future of the CRA. Mr. Hutchinson reported that the Marina people applied for a grant from the County for the $50 million bond money that is available. The small businesses in this area are very excited about this and they realize it won't work unless the small businesses begin to organize. The 8064 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 City informed Mr. Hutchinson that they were going to lose the marina and it would become a yacht basin. There are 120 violations, but if an improvement district was put in, it becomes public; all of a sudden everything works and the fate of the small businesses would be saved. Promotions The State, as well as the people, wants to see the CRAs becoming involved in promotions as well. Chairperson Heavilin said that homeowners would like to have the CRA Police program expanded. Mr. Hutchinson has a plan that he will be discussing this afternoon. Most of the recommendations to expand the program came from the CRA Officers. They are now having monthly meetings with staff. The police would like to have a police team that would patrol an area that they could team up on instead of being split. Mr. Tillman stated now that the CRA's police pilot program is working, other areas in the City want their own program; however, administration did not buy into the program. However, it has proven that it works because it puts the regular citizen in touch with the police. Mr. Hutchinson stated that the police officers in the CRA program have the best morale in the entire Police Department. Mr. DeMarco commented positively about the dialogue taking place and felt this is how they should be discussing the future of the CRA. He reported that Mr. Hutchinson would be a guest speaker at the Commercial Society of Realtors with an anticipated attendance of over 100 realtors. He also thought that Mr. Hutchinson should visit the Lion's Club, Rotary Club, Kiwanis, etc., because these are the leaders of the community. If we bring this positive approach to those organizations, they would also speak positively about the CRA. Mr. DeMarco inquired if informational material on the CRA was available in City Hall and the Mall and Mr. Hutchinson stated that they were. State of the CRA Mr. Hutchinson has received great feedback on this event and Ms. Gray did a wonderful job on this. Giving out awards was a wonderful promotional tool and they will be doing it again, using the same format. There will be a key speaker who knows what is going on. The Development Fair was also a great success and was attended by over 1,500 people and the caterer selected by Ms. Gray was perfect. The Chamber will be a partner in this event. The Fair will encompass the entire City because people out west need to be brought in to consider downtown as a second location. The Fair also connects the developers with the small businessperson. It may be wodhwhile to have a Development Fair twice a year. Chairperson Heavilin felt that a larger area for the Fair was needed. Mr. Myott thought that the Holiday Catalina Inn might be large enough. CRA/Commission Workshops These workshops will continue to take place. 8065 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Promotion--Marking The Website is up and running and Ms. Gray continues to work diligently on the Website. Mr. Hutchinson noted that the calls received about the Website have been positive and it is now getting around 1,700 hits a month. The agenda and backup are now available on the Website, which generates great citizen interaction. One of Ms. Brooks' first assignments will be to update the project books and what is on the Website. Mr. Myott inquired if he now has a CRA E-mail address and was informed that he did. Mr. Myott asked how he could check this E-mail. He was informed that it was linked through the Website. Mr. Hutchinson explained that any person using the Website has a question they would like to address with any Board member, it is done through the Website. Newsletter The first Newsletter went out and it looked great. Mr. Hutchinson thought it was very well done. The name of the newsletter is "CRABB" and he is open to suggestions if anyone has a name they would like to submit. Mr. Hutchinson noted that Ms. Gray is responsible for the entire Website and the newsletter. Mr. Hutchinson stated that the City has been offered its own cable TV channel and the CRA will have an opportunity to link to the City's cable TV channel. If this moves forward, Ms. Gray would also become involved in this as well. Ms. Gray will also be working on a CRA brochure. Some things that will be done is to tighten the design goals and to set measures on those events. Mr. Hutchinson stated that the CRA has tremendous power in the downtown as to where people would go during redevelopment. He noted that there is a lack of volunteers or partners in the CRA area as to what takes place. They need to restructure how they do the promotional events. He felt that they were successful with the HeritageFest, but noted that Ms. Gray is spending a lot time in organizing special events. He felt that a great deal of problems with putting on events was due to the stringent rules in the Purchasing Manual. In order to avoid these hurdles, Delray Beach used third pady contractors. This procedure would have to be approved by the City and the Chamber of Commerce. Mr. Hutchinson pointed out that Ms. Gray spends a great deal of her time whenever she has to do an event dealing with logistics. To address this, the CRA could get rid of the events grant; they could hire an outside consultant; or they could hire a logistics specialist to help Ms. Gray where they could expand the events. This will be brought to the Board at budget time. Mr. Hutchinson pointed out that with Ms. Gray's leadership, the HeritageFest activities last year broke even in 22 years. Ms. Gray stated that the City considers CRA events as if they were City events. She spends about 5% of her time explaining to department heads that the CRA is an independent agency and this clarification needs to be disseminated to the higher ups in the City and then 8066 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 communicated to their staff. She noted that on occasion there has been insufficient police to cover events and they have looked to hiring security companies instead of using the City police officers. Ms. Gray noted that the CRA is charged $55.00 per hour for using the City police officers for a CRA event. Mr. Tillman felt that they need to start looking at entering into an Interlocal Agreement for events with the City. Mr. Myott inquired if the Board Attorney should be instructed to prepare such an Agreement. Mr. Hutchinson stated that he and Ms. Gray will work on this. If the CRA takes charge, they can hold consistent events at locations they want without involving third parties. Chairperson Heavilin noted that they had previously discussed whether the CRA should be doing the events or should the organizations that benefit from CRA events actually do the event. The long-term goal would be to build up the events and then turn them over to other entities to put them on. Ms. Gray stated the issue is to find a solid organization that could put these events on, Mr. DeMarco inquired how many events they were talking about and Ms. Gray stated that there were five such events. Mr. DeMarco inquired of the five events, which ones were successful. Ms. Gray felt that they were all successful and continue to grow. Mr. DeMarco inquired what the costs were for these five events and Mr. Hutchinson stated the CRA spent $60,000. Mr. DeMarco inquired if any of the five events were supported by the City. Mr. Hutchinson stated that they receive "degrees" of help with the events; however, the City provides no money for any of the events. City staff has provided some manpower for the events. Mr. DeMarco inquired if Ms. Gray felt any of the projects were a waste of money and she stated none were. Mr. DeMarco inquired if any civic clubs were asked to help and Mr. Hutchinson stated that they have been asked, but to date none have contributed. Mr. Hutchinson, simply put, stated that the CRA is on its own without any help. Mr. Myott stated that the leadership of the City is not supporting the CRA the way that they could. Before the CRA came to fruition, most of these projects died. Mr. DeMarco thought that they should take all the money and invest it in one big project. Mr. Hutchinson stated that this was not the way to go. Mr. Tillman stated Mr. DeMarco was preaching to the choir. Mr, Tillman felt that the Chamber of Commerce needed to do more and should be providing more business support for these events since the CRA is nurturing the small businessperson. Mr. Hutchinson pointed out that Delray Beach spends $1.4 million on special events. Mr. Tillman felt that the first thing they need to do is get an Interlocal Agreement with the City. Mr. Hutchinson stated that a City the size of Boynton Beach should have a signature event that would bring in between $20,000 to $50,000. Mr. DeMarco recommended increasing the pot to $100,000 and see what happens. If it doesn't work, they could walk away because of lack of community support. Mr. Hutchinson responded that they need to find out the right way to do things in order to get the people to come. Mr. Hutchinson will bring back a figure with a budget. He noted that Ms. Gray was only given $12,500 for each of the events. He felt that the better the entertainment, the more people would come. This will be brought to the Board for consideration early during the budget process. 8067 10 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Chairperson Heavilin pointed out that within three years the Boynton Beach Promenade will be available to host events and there are new developments coming on line in the downtown area that include restaurants and retail. She felt that the developers and these businesses should also help suppod some of these events. Mr. Hutchinson stated that this would be mandated since it is the businesses that benefit from these events. Chairperson Heavilin spoke about the City's tree lighting ceremony. She felt that it was almost embarrassing and she has seen larger trees in people's homes. She would like to see a 110' tree along the Promenade that would be suppoded by the developers. Chairperson Heavilin felt that this was something they could do. Mr. Myott pointed out that the civic organizations in Boynton are meek, especially the Historical Society. Other cities have successful Historical Societies and Cultural Societies that put on successful events. This whole concept is missing. The people are here, but it appears that people do not become involved in civic organizations. Mr. Tillman stated the City needed community-based leadership and the CRA cannot do everything without suppod from the community leadership. Once the buildings are up, Mr. Tillman thinks people will step up and become involved. Mr. Hutchinson pointed out that vibrant downtowns have organizations that put on events, such as a jazz series. Mr. Hutchinson would like to close down Boynton Beach Boulevard at the entrance to the gazebo and put on jazz concerts. He noted that the Panther Group is building this area for this purpose for free and sponsors will have to be located. Ms. Gray does an excellent job at finding sponsors. Chairperson Heavilin mentioned hiring an events coordinator to work with Ms. Gray. Mr. Hutchinson will bring a package to the Board in April, if possible, for recommendations. Mr. DeMarco inquired if staff was behind schedule. Mr. Hutchinson said they were not and felt they were in very good shape. Mr. Hutchinson commended Ms. Gray for doing a wonderful job and the CRA does not receive complaints about the events it puts on. Mr. Hutchinson was opposed to having volunteers help with events. Chairperson Heavilin asked Ms. Gray how they could help her or assist her to do her job better. Ms. Gray would like to see more Board members attend events. There is always the funding issue and support from the City. She stated many events took place because of her connections in marketing. She mentioned having an international film festival like the one that takes place in Miami. Mr. Myott inquired if the Board did not hold a retreat for another year, would the things being discussed here, such as the Interlocal agreement, budget and staff, be a sufficient step in improving the situation in the next year. Ms. Gray felt it would be a significant step. Ms. Gray felt having this retreat was an excellent idea for discussion. Mr. Myott commended the entire staff for their hard work and dedication and he is very impressed with the work that takes place in the office. (Ms. Gray had to leave the retreat) 8068 11 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson reported that a newspaper pulled out as an underwriter of the Educational Scholarship Fund. Within a day, Ms. Gray was able to replace this sponsor with a $4,000 donation. Direct Incentive Proqram Mr. Hutchinson will be presenting some changes to this program. He requested that the members read the handout and he would only go over the salient points of his recommendations: He equated the Direct Incentive Program as the CRA's "900 pound gorilla" for redevelopment in Boynton Beach. The program is looked at as a model incentive program that is performance driven. 1. He would like the thresholds of the projects that could benefit from incentives come down. At every benchmark project, the CRA has had significant influence on those project designs. 2. The CRA can also have influence on the smaller projects. There is a Mixed-Use Low project coming in, which is the first one. This project did not score enough points. 3. He would like to take points away entirely on the dollar amount of the project. He would like to make the threshold in the Heart of Boynton at $250,000 and $500,000 and these projects would already qualify to complete an application. By doing this, more projects would come to the CRA and staff could have more influence on how they would look. He would change the point system and give more points for subjective. Mr. Hutchinson explained how he would like the new point system to work, such as the quality of the project. 4. A project could no longer qualify for the program by meeting minimums on thresholds. Mr. Myott would like to add "public spaces" and Mr. Hutchinson stated that is already included in the revisions. In the documents they are referred to as "public amenities." Mr. Myott spoke about the last project that came before the Board that had very little public amenities. Mr. Hutchinson stated that this project did have an opportunity to introduce public amenities. By offering incentives to generate more amenities, developers would probably want to offer them. Mr. Hutchinson pointed out that the incentives are working for the Barr trailer park and it is making a difference. This is why he wants to include smaller projects in order to bring in better projects. Another item Mr. Hutchinson would like to introduce in the incentive program is colors of a project. 8069 12 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 It would be tied in with the affordable housing ordinance, similar to Delray Beach. Mr. Barretta pointed out that developers are having a problem because they don't know what the Board wants to see. They usually are influenced by what staff recommends. Then when they come before the Board, they are totally blind-sided by the Board's reaction to the project. He was not sure how to deal with this, but thought that maybe they should have preliminary reviews of the projects. Mr. Hutchinson stated that they needed to complete the design guidelines, the Land Development Regulations and the unified plan. Mr. Hutchinson felt that the design guidelines would be of great assistance. He stated that they couldn't wait for the City to come up with this type of review and quality that the CRA is looking for. Mr. Myott inquired if Ms. Brooks would be working with the developers on the incentive packages. Ms. Brooks will be going to TRC meetings. Mr. Hutchinson feels that by having these documents in place and if more is necessary, staff will work with the Board on thresholds. Mr. Barretta did not think that getting input from one or two people is sufficient. Mr. Hutchinson recommended that before the Board meetings, they have review workshops where anyone could attend. Ms. Brooks stated if developers were made aware that they would have to participate in preliminary workshops, this would not come as a surprise to them. Mr. Barretta recommended that the submission criteria not be that strict. Mr. Hutchinson will add this to the agenda under future agenda items as "Future Project Presentations." Chairperson Heavilin stated that the City does not have the same vision and guidelines as this Board. Mr. Barretta felt that the Board needed to have a meeting with Mr. Greene and Mr. Rumpf. Mr. Barretta did not want to accept any more conditions that the City recommends for CRA projects. Mr. Barretta pointed out that the last major project presented to this Board had three conditions that could have dramatically changed the project and the Board would have absolutely no idea what the project would look like. Mr. Barretta would like it made clear to staff that they are not going to accept any opened ended conditions. This way, the project would not come to the Board until staff is pleased with the project. It appeared to Mr. Myott that staff was trying to help the developers. Mr. Hutchinson pointed out that Chairperson Heavilin brought up an interesting point last night. The Planning and Development Board has an entirely different way of looking at projects that have no correlation. One day they work and one day they don't work. What they do and what this Board does is completely different and the same staff is reviewing the documents for both Boards. Mr. Hutchinson said that this Board needs to tell staff what this Board wants. Mr. Barretta said felt that after a project went through the TRC process, then the project comes to the Board with a multitude of conditions, say 47, it is impossible to know what the project would look like after the 47 conditions are met. Mr. DeMarco questioned some of the projects that have been approved and wondered if they were going to turn out as presented. Mr. Myott asked Mr. DeMarco what projects he was referring to and Mr. DeMarco did not want to mention any names. 8070 13 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson felt it was a mistake to try to control colors to one or two colors as well as the style of a development. He would like staff to be furnished with guidelines, but he did not want the architectural community designing the projects. Mr. Hutchinson said that staff needs to understand that the CRA expects a different standard than when a project goes through Planning and Zoning. Mr. Hutchinson recommended that the CRA work on getting their guidelines perfected. Mr. DeMarco felt that the City should have bought the property along the Intracoastal that was purchased by Centex. This was the widest area in the City along the Intracoastal and the City tried to buy it, but the seller messed things up and it fell through. If the City bought this properly, the City would own over 24 acres along the Intracoastal. Mr. Hutchinson responded that this was not in the control of the CRA. Mr. Hutchinson pointed out that this Board denied the Centex project and sent it to the Commission with a "no" vote. Mr. Barretta stated that the CRA Board is a recommending body as to how projects would look like and he would like to have this changed. In the City of Boca Raton, the Community Appearance Board is a regulatory Board. Mr. Hutchinson stated that under Florida Statutes, the City would have to declare who has the ultimate vote for the projects, which is the City of Boynton Beach that is the regulatory authority. They could appoint a group to do this, but they did not want to give this authority to the CRA, which was a political decision. This was a decision made by the City Commission. Mr. DeMarco was concerned about the quality of the projects that could begin to fall apart in a couple of years. He would like to consider quality when the CRA Board reviews a project. Mr. Hutchinson responded that this was not within the CRA venue. Mr. Myott stated that he is always looking for quality in a project regarding the finishes and detail. Mr. Hutchinson stated that this was different from Mr. DeMarco's statement. Mr. Myott stated when he reviewed a project, he always looked for quality. Mr. Hutchinson reiterated that this is different from controlling the code that would involve liability issues. Mr. Barretta felt that some of the projects could have been upgraded and would have sold for more money. Mr. Barretta felt that the Marina Project was a bargain project and the City should have gotten a better project. Mr. Myott inquired if Mr. Hutchinson felt he had a good working relationship with Mr. Greene and Mr. Hutchinson felt that they did have a good working relationship with him. He felt that the CRA and the City had a good working relationship. Chairperson Heavilin would like to have a workshop with staff to discuss the concerns that have been raised today. Mr. Barretta noted that the County has a visual impact analysis and he thought that this would be a good thing for the CRA when reviewing a project. Mr. Hutchinson stated that the CRA must make sure that it is not sticking its nose in where it doesn't belong. He felt that it was not the job of the CRA Executive Director to tell the City how they should run things. 8071 14 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson noted that last week he received the first draft for mixed-use high/mixed-low 1, 2 and 3. He would like to see more renderings to show what they expect these guidelines would generate. He would also like the Board to have more influence on these projects. The applications are currently being reviewed by Legal because when the application is received, they have to prepare a project agreement. Mr. Hutchinson felt with new legal staff, the application will fit better with the agreement and will not require so much work. The meeting recessed for lunch and would reconvene at 1:00 p.m. Design Planninq This will look at building and putting all the fragmented plans in place into a logical order to move forward. Boynton Beach is more than a downtown central business district. Downtown has two components; one is the Heart of Boynton and the other is the CBD. By referring to a drawing, Mr. Hutchinson indicated how close they are in proximity. The trolley and patrol systems will be merging these two areas. Heart of Boynton There is room for investment in this area and Mr. Hutchinson anticipates that this will start to blossom. One project that is already funded with bond money, he will be recommending be re-phased, not eliminated. He would also like the Board to look at key projects that underwrite momentums on projects already in place or about to be announced. The concept of "living bigger in Boynton" needs to understand that this neighborhood is within walking distance of the new Library expansion. The Wilson Center is a $6 million investment by the City and the CRA will begin to embrace these programs. Currently the philosophy is "them and us." WI-FI Technology WI-FI technology will be introduced in both areas, which is wireless Internet. This is a great technology and a project that would have cost $1 million three years ago can be done for $40,000 per year. This will be a pilot program on a year-by-year basis with the CRA being the sponsor. This will bring equality to minority neighborhoods. The computers can be acquired via grants, but many families cannot afford to be hooked up to the Internet. With this program, children could have access to school assistance. With $40,000 they could supply this technology to both areas per year. The technology also provides that a person could get a small camera that could be mounted at a project and then tied in to the CRA website. This is a great tool to let people know how things are progressing. The CRA will also have Palm Pilots with video interface. This will provide the police with a tool to watch the construction sites at night for theft, etc. The cameras are very expensive and the developers will be asked to pay for this. There will be signage placed at the construction sites that will state, "this area is patrolled by special services of the CRA." This 8072 15 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 technology could also be used for wireless telephones that would go directly to the Police Department for help. Monitoring could also be done at the CRA offices. Through this technology, safety and innovation will be brought downtown. The IT Department is also very enthusiastic about this program. With this program, there will be no need for meter readers. The meters would be automatically read and the information would be sent back. Mr. Hutchinson explained how this new technology could be used in a great many areas. Mr. Hutchinson would like to move the streetscapes up in priority. He will be asking the Board to look at 30% design drawings on three key corridors, which he pointed out on the map. There is a billion dollars of projects going up in the downtown and the entryway to downtown is terrible. In the next 18 to 24 months the State of Florida is putting in $6 million overlay on that stretch of road; therefore, we have to get going on the design of this road. > MLK Area St. John's Church will be coming into phase 2 and the CRA is spending approximately $4 million to entice development. MLK Boulevard is ugly right now and needs to be in design right now. The key to all of this is Seacrest Boulevard. Seacrest Boulevard links the two activity corridors together. There is a small area between the two hubs and it is critical that these two areas be brought together in a corridor. With regard to Boynton Terrace, the housing project that has been condemned, will be seeing some action. The CRA may be asked to pay the demolition costs and this will be coming to the Board in a couple of months. Sara Sims Park This area is being expanded and the CRA is purchasing properties. A company that provides sports medicine has contacted Mr. Hutchinson and they would like to use this park as their rehabilitation field. Properties that the CRA will be purchasing at an approximate cost of $1.2 million were pointed out that is part of the phase 1 purchases. The CRA has been approached by six property owners that want to sell that could be a self- assembly area. The people from St. Paul's Church have some property and would like to move their complex. The CRA will help them purchase property. The CRA will swap properties so the property will be available for a tie in for phase 2. There is a self-assembly of 15 property owners along Federal Highway in mixed-use zoning that is comprised of six acres that could be used for a tremendous project. 8073 16 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson stressed that it is time to move forward with the streetscapes. He said that there ate County funds available that could help accomplish this. Town Square $7 million is being spent for Library expansion Children's Schoolhouse Museum Old High School Ocean Avenue, which is one of the City's best pedestrian scaled streets Linkage to the Marina area This will become the cultural core and MLK and Heart of Boynton would link to this area to become part of the City Hall, Museums and school corridor. Waterfront Mr. Hutchinson reported that within 24 months the City would lose every business that is part of the old marina in Boynton Beach. He is proposing that the CRA take in this business district, which is a mandate from the State and County. He would like to apply for Florida Forever Fund (1) to purchase the mangroves in the marina area and (2) to acquire that land, the marina and the Old High School. The riverwalk portion in the water could be done in the future. Jonathan Ricketts will be heading a team with the CRA's new attorneys and some specialists on permitting. The proposed waterfront Museum has not been embraced because a threat of permit retaliation exists. Mr. Hutchinson thinks they can work on a lot of environmental issues to further this project. > Boynton Inlet The City is spearheading the underwriting to get the Inlet modernized. This is necessary to provide safe passage and environmentally it is the right thing to do. The waterfront could become a premier attraction with all the development going on around it. Mr. Hutchinson is proposing that the Riverwalk money be rephrased into the projects just talked about and that the Riverwalk and Museum be packaged together through a permitting process that would take approximately 24 to 36 months. By that time, they will have the underwriting, bonds and grants to build it. If the Museum does not happen, they can still do Riverwalk. He did not think they would lose any ground by postponing the Riverwalk. With the refurbishing of the Old High School, this would provide for expansion of the Museum exhibits--not children's Museum, but traveling exhibits and the City has been given the opportunity to have its own cable network television. The high ceilings in the Old High School would be perfect for studios that could be brought in to the Old High School. The Old High School would be a joint venture with the Boynton Beach Cultural Council. The CRA would be responsible for finding the grants and matching funds. Mr. Hutchinson reported that he received a $1 million in-kind pledge by a contractor to perform work at the Old High School 8074 17 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson stated the CRA would be trading the Relax Inn property for private office space. Therefore the $750,000 that would have been used for office space could be funneled into the Old High School. Museum on the Water Mr. Hutchinson would like to hold up the Riverwalk to allow the other projects to be built first. Mr. Jonathan Ricketts is present to provide more direction on why this recommendation is being made and why he would like the Board to consider the Museum as a waterfront feature. Mr. Ricketts stated they are looking at many linkages for the Museum. One would be for the Museum itself to hold traveling exhibits and there is also the opportunity to have a research facility. It is important from a permitting aspect to create linkages that would require the Museum to have the ability to interface and be connected with the water. The way to address this would be to bring a collegiate level of research into the Museum. It would not only be pad of history, but it would also be used for ongoing research of the marine environment. Mr. Ricketts anticipates that this could take between 24 to 36 months because of State and Federal regulations. Therefore, the Museum design concepts and what will occupy the Museum, whether it be an I-Max theater, display spaces, and underground viewing area should be combined with the actual elements in the marine environment and to make it acceptable to all agencies. He anticipated that what they come up with would be unique. Mr. Hutchinson is proposing in the budget money to underwrite the next steps for the Museum. Therefore, the budget on yellow paper includes the concepts he is talking about. Mr. Hutchinson is very encouraged from the concept of "don't think about in your lifetime" to a that this could happen. If this is coupled with the Inlet, preserving the City's lifestyle in the marina and environment, Boynton now has a big vision. This will become an anchor for the community. The County has given rave reviews for the application that has been filed at the Federal level. Mr. Hutchinson feels good that this anchor in the water could compliment the Old High School, Children's Schoolhouse Museum, the Library and a "public" building in Town Square. Mr. Hutchinson noted that all the projects coming into the City are based on economics and he has concerns when the condo market waivers what will hold the CRA's economics so they don't go bust. First of all, Boynton Beach must be a real place to live. Second, there must be a downtown that is diverse from just retail. He will be submitting three projects to the Board to consider. One is "City Place"; second is "Las Olas," and the third is "Mizner." "City Place" would have office towers and a hotel and three major residential towers. He noted that West Palm Beach's City Place is struggling with their retail and Los Olas has a 60% vacancy rate. To combat this, there are 10,000 units going up in towers around it. Mr. Hutchinson wants to see office space and a full service hotel. 8075 18 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 All this has to work hand-in-hand. If the City wants a hotel, they need to build the Museum. People need to have a place to stay and in turn will spend money at the Museum. They have been talking with one property owner with vision who purchased the Bank of America site. When the City competed for Office Depot, Boynton Beach was not in the top 1,000 locations in America. Staff went to Davis Camilier and asked him to wait because the CRA wanted to make a run for Office Depot. However, Boynton Beach came in second as the place for the corporate headquarters for Office Depot. But what it did do was bring out the validity to our vision for the City to having office anchors, full service retail, full service hotels, restaurants, etc. Some of the incentives looked at to get Office Depot included that the First Financial Building, where the CRA is located. It is hard to assemble these kinds of propedies when condo projects are involved. Secondly, where are these people going to go since there is no office space. Therefore, a lot of people said they would not sell because they wanted to stay here. However, when there were discussions about the project, and when those people were asked if they could be located into the project and would they stay, they stated that they would. Therefore, the incentive was that the CRA would consider acquiring the First Financial Building to assure assembly of this project. This would necessitate building a parking garage, which is needed and must provide a minimum 400 extra public spaces. If you add this to the 100 parking spaces at the Promenade this would equate to 1,000 extra spaces downtown. This would supply parking for the Museum, the marina, etc. If the CRA does the project, the CRA could end up with sufficient TIF to cover the costs of the public parking garage. Mr. Hutchinson pointed out that they have a built-in generator of economic activity to underwrite the parking garage. The CRA's financial advisor and the City's bond counsel have given the thumbs up to exploring this. It would not impact the bond issue. Mr. Hutchinson felt they were going in the right direction regarding office space and he thinks the office space will be gone before the drawings are done. He felt that they needed to consult with a third party to find out what they should expect from the development community. They have created a vision of what the block would look like with the Bank America site and First Financial as the anchor the for downtown. Mr. Davis Camilier who has put together a group of people was introduced. Mr. Camilier stated he is from Washington, D.C. and is in the real estate business, which is a family operation. He felt the important thing for a project was location and that the site they had was the right place. Mr. Camilier introduced Bill Morris, a developer. Mr. Morris stated that he had a real estate development company that is 15 years old and gave a brief background about himself. He has developed office, retail and residential in major cities throughout the United States. He has had a significant interest in downtown Boynton Beach for several years and is looking forward to finding the right location and partnership to do something in the downtown area. He stated that they have the financial resources to present projects in the $100 million dollar range and he discussed the projects that he has been involved in. He noted that he has worked closely in the past with Mr. Camilier. He asked the architects working on the project to discuss it in more detail. 8076 19 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson introduced Bert Olivier, who is the real estate attorney that would be working on this project to structure it so that it would be a public-private partnership, together with the CRA's legal firm. Mr. Hutchinson was very confident in working with Mr. ©livier to come up with a top-notch agreement for a landmark project. A PowerPoint presentation was presented regarding the proposed project. Behind the rear two-thirds of the site, is a six-level parking deck that is flanked with townhouses and condominiums. The architecture would be diverse and would create a very friendly cityscape/streetscape. The design of the parking, in accordance with the CRA design standards, was discussed. Thy proposed a new streetscape for 6th Court that would include high quality architecture. There would be a minimum of 120,000 square feet of office space that could be more. There would also be 45,000 square feet of retail and a full service hotel with at least 100 rooms. This would be located at the corner of Federal Highway and Boynton Beach Boulevard. There would be a minimum of 400 public parking spaces and Bill Morris' group has done a successful project recently with the Ft. Lauderdale CRA. One of their goals was to create diverse architectural styles and some variety to the size and shapes of the buildings. This was pointed out during the presentation and a 13-story hotel building is proposed that would have a health fitness club on the roof. Also included would be retail and office spaces. Mr. Hutchinson stated that this would replace the space that would be lost with the First Financial Building being eliminated. The occupants of the First Financial Building would be moved into this new location. Mr. Hutchinson explained that the Chamber of Commerce is now re-evaluating its move to the Congress Avenue area because of this new project coming on line. There would be a courtyard between the hotel and the first phase office building that would be public space. There will be a place for public art, along with fountains in two areas. There will be 15' deep arcades and 20' sidewalks facing the promenade. Across the street from this project is Mangrove Park Pond that includes a stage for outdoor music and a park with outdoor cafes. This intersection would come alive. There would be pedestrian activity throughout the site and they would like their project to be an expansion of the Promenade Project. The street could be closed down for concerts and art. There would be two amenity decks separated by the center condo tower, each comparable in scale to what was being presented. Mr. Hutchinson noted, unlike the marina project, the top of this parking garage would not be visible. Mr. Myott stated that he visited Bridgeside Place in Ft. Lauderdale and this was the first time he had seen a rooftop amenity deck and he thought it was wonderful. It was landscaped beautifully and well maintained. He was surprised that this type of lushness was possible five floors up. The project would have 130,000 square feet of office building. It was possible to add two more floors and still have enough parking space. The hotel would have a restaurant that would offer outdoor dining with a public plaza, even though it was attached to the hotel. There would be a pool on the roof and health club. Mr. Hutchinson pointed out that when you come down Boynton Beach Boulevard heading east, the project would be front and center on 8077 20 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 this corner. He felt because of the location, a top quality hotel would be attracted to this location. They anticipate that a120-room hotel would locate to the project, but the size could increase depending upon the results of the feasibility study. There would be meeting rooms, restaurant bar, and lobby. Sixth Court would have all pavers with pedestrian crosswalks. On the ground floor there would be three level townhouses with raised courtyards. The units could also be offered as live/work units. This is just a recommendation and it does not have to be this way. Most of the ground floor would be retail space. Mr. Hutchinson stated this would link to Related's project that also has retail. Mr. Hutchinson thought that the massing of the project would work very well. The floor plans of the townhouses and offices were reviewed. The bays would consist of 1,000 to 1,500 square feet that could be combined for larger tenants. They estimate that there would be 490 townhouse units that would consist of one and two bedrooms and some with three bedrooms. The lobbies in the center tower would be glass that would look great when lit at night. Each of the three towers would have their own individual architectural style. Mr. Hutchinson stated if the Board wanted the developer to move forward with the project, he would request they do modeling massing. Mr. Hutchinson was presenting the project so that the Board could see how this would fit in with the vision and project timing. Mr. Tillman asked what the traffic impact would be and Mr. Hutchinson stated that DCA has already looked at the impact when they presented the Office Depot project and it would be in compliance. Chairperson Heavilin was pleased the way the project looked and Mr. Hutchinson pointed out that it was a project spread over 6 acres. Mr. Tillman asked what the height of the tallest building was and was informed that the tallest building would be the back building with 14 stories. Mr. Hutchinson noted that the project was within the 150' height limitation. Mr. Hutchinson requested that members take an opportunity to look at the artists' renderings. Mr. Hutchinson stated with all the projects coming up would come to $1 billion in development in the downtown. Mr. Myott asked about the timing on the hotel feasibility study. Mr. Hutchinson stated it is on the agenda for the March meeting. Mr. Myott asked who would they be making presentations and Mr. Hutchinson stated there would be no presentations. The board will be selecting a company based upon qualifications. When the study is completed, a full presentation will be given. Mr. Hutchinson pointed out that 72% of the projects that had feasibility studies done are being built or will be built. The hotels do not want to spend any money until a study is done that states it has merit. After that, hotels may do their own feasibility study. Mr. Barretta inquired why the developer did not do the feasibility study and Mr. Hutchinson pointed out that it would be best if the CRA did its own study. If the developer did the study, it would be 8078 21 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 done the way the developer wanted to do it. If the CRA does the study, they can tell the developer how we want it done. Mr. Barretta said he would not have supported a feasibility study if he had known there was a developer in the wings with a proposed hotel. He felt that the CRA was doing the developer's work and spending the CRA's money to benefit the developer. Mr. Hutchinson did not agree with this. Mr. Barretta felt manipulated that this information was withheld from the Board. Mr. Hutchinson stated that he did not withhold any information from the Board. Mr. Barretta responded that the Board was not told that there was a developer in the wings with a 120- room hotel for this project. Mr. Hutchinson said he informed the members that staff was working with a property owner that had a massive plan for this project. Mr. Barretta liked the project, but resented the way the information was presented. Mr. Tillman asked what would happen if the feasibility study indicated that a hotel was not necessary. Mr. Barretta asked why the CRA was paying for this in that event. Mr. Hutchinson stated the developer would be asked to redesign the project. Mr. Myott felt that a hotel was a part of a vibrant downtown. Mr. Hutchinson stated that the 20/20 Vision identified having a hotel in the downtown. Originally, the site was being looked at for Office Depot and this project was in the wings. Mr. Hutchinson felt it was to the CRA's benefit to do the feasibility study, especially since a parking garage would be coming in. Mr. Barretta felt that they would be taking a financial risk with a hotel. Mr. Hutchinson stated the same thing could happen with office space, since office space is soft. The biggest concern is having a full service hotel, size and how many rooms. He feels that the cost of doing the feasibility study for the hotel would act as protection of the public interest in the project. Mr. Barretta was surprised that this project was so far along without the Board knowing about it since the Board only meets once a month and they should have been privy as to what was taking place. To Mr. Barretta, it appeared that Mr. Hutchinson was pushing the developer to do what he wanted done. Mr. Hutchinson stated that this was true and he apologized if Mr. Barretta was unaware of what was taking place. He noted that a hotel was an element of the Office Depot project. Mr. Hutchinson stated that these designs and the concepts have been in the CRA office. Mr. Hutchinson stated that he did not intend to hide anything from any Board member. If the Board so chooses not to move forward with the project, they can do so. This is a concept for the Board's consideration. Mr. Barretta stated that the first phase of the project would leave two big holes on Federal Highway. The developer stated that the phasing was sequencing and they have to get this built in order to get the people out of the Financial Center so they would have a place to go to. The developer stated that Bank of America would continue to operate in the building. Mr. Hutchinson said if the Board did not move forward with this project, it could have a trigger effect. Mr. Hutchinson does not want the project to be backed up and have to wait. He wants 8079 22 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 to know that when it comes in for site plan approval, it would go through the logical process and goes all the way through. Mr. Barretta inquired how far in advance would the office building be built before the condos. Mr. Hutchinson responded that the first office building would be ready and occupied before the building is razed for the parking garage and the condos. Mr. Barretta asked how long the Bank of America would remain at this location. Mr. Hutchinson stated that after the center building is built, the bank would move over to this new building. Mr. Barretta felt that it was possible there would be no building at all on that lot. Mr. Hutchinson stated this is possible because the parking garage would need to be put up. Mr. Hutchinson stated that the developer wanted to cooperate with the logistics to get it built out. The developer responded that Mr. Beretta's questions were valid, but they did not have the answers today. They are here to present a concept of what to put on the site. Mr. Barretta felt that the project should start with the building on the corner for the first building, instead of having a building in the center as the first building. Mr. Hutchinson stated anything is possible and he was merely presenting a project to the members. Mr. Barretta pointed out that the intent of the downtown development is to bring the buildings closer to the street in order to create more streetscape. He felt if the project proceeded as presented, it would not attain this goal and would leave Boynton Beach Boulevard, Ocean Avenue and two-thirds of Federal Highway empty. Mr. Myott pointed out that the lot on the corner would be very attractive to other parties. Chairperson Heavilin liked the idea of phasing the project so that the First Financial Building could remain until they could move. Chairperson Heavilin inquired what the costs would be and Mr. Hutchinson estimated between $25 million to $30 million. The CRA costs would be done by a bond issue that would be secured by a Planned Development District Assessment on the Bank of America property plus the TIF. Mr. Hutchinson explained that doing the project through a Planned Development District, the bonds would be covered by the District and the CRA would back up the bonds with the TIF. Julie Turner and Mark Raymond have the scenario of how this would work. The City would not be asked to endorse this. This is common in the State of Florida and has a good track record. This would be coming back to the Board to be addressed further. Mr. Hutchinson stated that the point of this project was not just to bring in condos on this corner. The presentation concluded Mr. Hutchinson stated that the strength of the CRA is for staff and the Board to be able to carry through on things, which is the purpose of the retreat. He noted there are a lot of opportunities out there. Discussion took place about the presentation that just concluded and members brought forth some of their concerns. Mr. Hutchinson explained that there are great benefits to having a parking garage that would result in better interest rates and would benefit the public. Mr. 8080 23 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Hutchinson explained that if they proceeded this way, the project would pay for the parking and the CRA would not have to dedicate any other TIF revenues to pay for the bond. At first, when the TIF is not big enough, the assessment would pay for it. The developer receives a good interest rate and it gets built without any risk to the public. Mr. Hutchinson felt that the developer was well able to do the project. The financial people are checking them out. Members agreed that they wanted to see more than just residential in the CRA area. Mr. Tillman was pleased the way the developers presented themselves and noted they stated that they were flexible with their plans. Mr. Barretta felt the primary need in the downtown area was residential in order to stimulate the downtown. He noted there is very little office market and the projects that have already been approved with small office components might take five years before they are utilized. Mr. Hutchinson stated that there is 60,000 square feet of office space already spoken for. Mr. Hutchinson pointed out that the project has 480 condo units. Mr. Myott referred to The Arches project that had been presented two years ago and nothing has happened. Mr. Myott inquired what the next step would be to move the project presented forward. He felt that the parking spaces were a CRA priority. Mr. Hutchinson stated that office space, parking and the hotel would be first. He would have Julie Turner research if the project has merit and if they could cover the assessment and the risks to the CRA. He would also require a cost estimate for the parking structure. Mr. Hutchinson does not know how much the parking structure would cost and how much would the CRA be responsible for. There may be building relocation costs and appraisal on the building may have to be done. Mr. Hutchinson felt that by mid-summer some of the unknowns would be known. With regard to the current occupants of the building, Mr. Hutchinson has spoken with them and felt that a majority of them liked the concept, but he has not been able to show them anything concrete since nothing has been set and he needed to also speak with the Board. Mr. Barretta inquired if 100% approval was necessary and Mr. Hutchinson stated that this was required. Mr. Hutchinson felt that having the parking garage would be a great incentive to the current occupants of the building. The current occupants would be offered space in the new building or they could receive money that would come from the bond issue. All these are negotiable; however, everyone wants to participate one way or another. Some people have indicated they would be interested in more space. Mr. Myott pointed out that because interest rates are so Iow, people are buying office space instead of renting. Mr. DeMarco stated that this was prevalent among doctors. Mr. Hutchinson felt that the projects going up would have a 30 to 40 year life expectancy. Mr. Barretta was agreeable to changing the phasing and not doing the Riverwalk project and felt these other projects needed to be addressed. Old High School Chairperson Heavilin stated she was not ready to commit money for the Old High School until there is a commitment to move forward. Mr. Hutchinson felt that if the CRA stepped up to the 8081 24 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 plate, the City Commission would go along with this. Mr. Barretta felt that if the CRA did not do it, it would never get done.. Mr. Hutchinson stated this is staff's opinion on whether or not to move forward with it. If staff does not commit, the building would be razed. Mr. Myott pointed out that the building could always be torn down, but it could never be replicated if it were torn down. Mr. Tillman noted that the CRA is about development, but he felt that they needed to do some preservation of buildings. The people that wanted to preserve the building initially have not stepped up to the plate to do anything. Mr. Tillman recommended having a workshop and people with viable plans should step up so that the Board could consider them. If it happens that this is something that is viable and should be backed, the CRA should go with it. If it were not acceptable, the Board would make a decision at that time to forget it. Mr. Hutchinson stated that the Boynton Beach Cultural Committee delivered a plan to him Friday morning. He would be willing to partner with them, but he wants a clear commitment. Mr. Hutchinson noted that they are going to need TV studios for the cable deal in the works and they could get grant money and underwriting and maybe the cable company might assist in some of the restoration costs. Jack Hall of Wonder Works, who is one of the underwriting consultants for the Savage Creators Museum, runs one of the largest traveling exhibits' companies in the United States. He could contact Mr. Hall, when the School is restored and ask him to put in a traveling Museum exhibit in the School every quarter. He felt that the restoration of the High School would work. Mr. Barretta felt that they needed to step up to make it happen. Mr. DeMarco noted that this Board gave Harvey Oyer and his group 6 months to do something to restore the building, and since that time, Mr. Oyer has not been visible and has done nothing to save the Old High School. Mr. Barretta pointed out that these groups do not have the proper leadership. Most members felt that they did not want to involve Mr. Oyer in refurbishing of the Old High School. Chairperson Heavilin pointed out that the Boynton Beach Historical Committee has approached the Board to assist with saving the Old High School and this should be the group that the CRA should align themselves with. Mr. Hutchinson stated he has $2 million for the next two years; $750,000 was supposed to be used to buy the CRA an office. Mr. Hutchinson stated that the Old High School would be used for office space that could be sold or the CRA could occupy it. If the CRA puts in $2 million over two years and the City puts in $300,000, there would be enough money to do the project. Chairperson Heavilin inquired Why the Boynton Beach Cultural Committee could not handle the rehabilitation since they indicated they could come up with the grant money. Mr. Hutchinson stated that the City wanted to have someone in charge that had staff and the vision to do it. Mr. Hutchinson felt that this was a project that the CRA was capable of taking on through fruition. Mr. DeMarco inquired what the total cost would be to redo the building and Mr. 8082 25 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Hutchinson estimated $6 million. Chairperson Heavilin felt that they would need a fulltime person on staff to handle this project. Mr. Hutchinson thought that the Assistant Director could handle this. In this event, Mr. Hutchinson and Ms. Vielhauer would have time to apply for grants. Mr. Hutchinson stated that contractors have approached him with helping out on weekends. This is how projects of these kind get done by in kind donations. Mr. Hutchinson noted that if the CRA offices moved into the Old High School, they would take up 10% of the operating costs and space. Members would like to move quickly on this. Mr. Hutchinson noted that this was going to be on the Commission March 1st agenda and he has a full report ready for the meeting, as well as documentation from the Cultural Committee. The request would be that the CRA take over the restoration of the Old High School. Mr. DeMarco asked about parking at the Old High School. Mr. Hutchinson stated that they would be putting in a parking garage to the east of the Old High School. Mr. Myott thought that they needed to recruit other people to be involved in the restoration because the Board has many projects in the works. The Museum group informed Mr. Hutchinson that they have a six-figure challenge grant in the works. Mr. Tillman inquired if the Children's Museum intended to add more space in the Old High School. Mr. Myott felt that by using the refurnished Old High School for an extension of the Children's Museum would create a real destination in the City. This would bring more people to the City. Mr. Hutchinson stated that the people that run the Children's Museum would like to add another age group. This would make economic sense because it would cover operating expenses, staffing, etc. ~> Riverwalk Chairperson Heavilin asked for a status report on Riverwalk. Mr. Ricketts pointed out that the Board authorized 100% of the design of the project, but there has been no resolution to the seagrass. Therefore, the design team has been unable to complete the design and is in a hold state. Mr. Hutchinson stated that the design was submitted last month for final permit approval. Mr. Ricketts noted that there has been a great deal of input from the CRA's new law firm. Mr. Ricketts stated they are trying to come up with a broad enough framework if they want to introduce a day dock, fishing, etc. they should be put into the program now. Mr. Barretta felt it would make sense to put the design effort on the Riverwalk on hold until they are further along on the design approval of the Museum because the needs might change dramatically. Mr. Ricketts recommended putting Riverwalk on hold for the time being until the permitting issues are resolved. He felt with everyone helping out, it would be doable. Mr. Hutchinson noted that the City is hiring a Federal lobbyist that the CRA could piggyback on and he feels that the opportunity of the big vision is possible. Mr. Ricketts reported they are not through with the permitting process with the Army Corps of Engineers and the other State agencies. Mr. Hutchinson felt that now was the time to take a look at the Museum. Mr. Ricketts noted that if the CRA shifted it's funding, but still moved 8083 26 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 forward with the streetscapes, this is a positive use and would keep the momentum going. Chairperson Heavilin asked about funding and if part of the bond issue would be used. Mr. Hutchinson stated the money from the bond issue would not be used for the Museum. What the bond issue did was to free cash for the HOB. If more cash is freed up, they could have more money for the tax-exempt projects. Chairperson Heavilin inquired if there would be a problem if they changed the order of the projects. Mr. Hutchinson stated Mark Raymond would let staff know if the projects are tax-exempt. Mr. Hutchinson felt that the CRA projects are tax-exempt. Part of the vision is to bring to the community and the Commission more visible projects on streetscapes and other tax-exempt projects in the HOB and the High School. Mr. Hutchinson pointed out that the only person they really need to satisfy regarding spending the money is Mark Raymond. Members agreed that it was important to buy the marina before it is lost. Mr. Myott thought that there was language when the bonds were issued that included "other viable uses." He felt that the CRA has flexibility spending the funds. Mr. Tillman did not think that the bond money was applicable to what was being discussed and that they should address the funds that become available. Mr. Hutchinson reported that they have increased the support of linking these two downtowns by 125% more in funding ($5 million more). Mr. Hutchinson did not think that there would be a recommendation that the CRA move forward first with the Riverwalk that ties into land that the CRA does not own. Mr. Tillman noted that the CRA is autonomous and can deal with these issues as they feel they should. Mr. Hutchinson added that this would leverage the $6.3 with grants. Mr. Hutchinson stated that all this is doable. Heart of Boynton Chairperson Heavilin inquired about the demolition of Boynton Terrace and what impact this would have upon the community. Mr. Myott stated he v.isited the site and it is bad. Mr. Hutchinson stated they would be better off to have vacant land than to keep those apartments up. Mr. Myott noted that people still lived there. When those apartments are demolished, this will provide an entire block for development. Mr. Hutchinson stated they are also getting ready to do work on Sara Sims Park. Mr. Tillman inquired if the barbershop would remain as is. Mr. Hutchinson responded that they would be relocating. Mr. Hutchinson stated that at the March 17th Board meeting, there will be eight properties that will be brought to the Board to request the City condemn those properties. The negotiations are going nowhere and it is time to move forward. Mr. Hutchinson stated that he sent an e- mail to the members regarding this and he was very firm with TUG. He wants everything done and to move forward. They have spent over a year trying to purchase certain properties in that area and now it is time to go the condemnation route. He noted that under the HUD 8084 2'7 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 guidelines, these property owners would be getting full market value for their property. This will also include Bob Katz's property. There are also six property owners that are self- assembling. Community Land Trust Mr. Hutchinson wants to set up a community land trust that will bring together the entire affordable housing community to direct those funds and incentives. Proceeding this way will harvest the CRA incentives in the area. There are only four community land trusts in the State of Florida and this will establish affordable housing for generations. Mr. Myott inquired if the housing is fee-simple housing, and Mr. Hutchinson stated it was and would include condo units as well. This Board will get the titles, free and clear. This means they could take the cash flow and financial statement and if they decided they wanted to do senior housing, this could be done. Ms. Brooks will be able to put together the land trust and the direct incentives. The third aspect is to create an affordable ordinance to increase densities. Mr. Bressner and the Commission are in favor of moving in this direction. The land trust will deal with issues that the CRA will not have to do. One day the CRA will disappear, but the affordable trust is generational. Mr. Tillman felt that this approach should be taken downtown as well and at some point a downtown development authority should be established. Mr. Tillman inquired what was to prevent the land trust from not becoming another glorified housing authority. Ms. Brooks explained that a housing authority deals with the lowest of income people and the Board would have to determine the criteria. Mr. Tillman does not want it to become another glorified housing authority and they need to eliminate the perception to the public that it is just another glorified housing authority. Mr. Tillman said that people would feel that the CRA is trying to shove them into a corner, but the CRA does not want to deal with them. The CRA has to make sure that people feel they are not being disenfranchised. Mr. Tillman wants to make sure that these kinds of situations don't come up. Mr. Hutchinson agreed with Mr. Tillman. The land trust will strengthen the CDCs. First the CDCs felt that the CRA was trying to disband them and this is not the case. He anticipates that the CDCs will be providing staff to manage the rental properties. There have been other things that have failed Statewide and that is why land trusts are now coming on board. Delray Beach has enacted a land trust, but they do not have a funding mechanism and are dealing with how to fund it. The CRA has direct incentives and under the program there are incentives and money that go directly to the developers. Therefore, the CRA can ask the developer to turn over 10 to 15 percent of their units for affordable housing. Mr. Tillman did not think that the timing was right to roll this out until there are some properties available for this program. Mr. Myott recommended that they continue with the acquisition and assembly of properties. Mr. Tillman noted that Delray Beach has already established a land trust, but is not sure how to proceed. Mr. Hutchinson stated that they would be assembling the properties and will write an RFP to be responsive to the community. 8085 28 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 The group that reviews that and gives a recommendation to this Board is the pilot award for the community land trust. When they review the RFP they want a lot of community input. The nine-member community review board would become the land trust. Mr. Tillman inquired if there was a timeframe for the RFP and noted that they have not initiated anything in the ground in HOB. What he means is that before they do this, let's put something in the ground and let's make sure there is something for people to see. He noted that they would not consider establishing a downtown development authority unless the downtown was developed. He did not think this should come on line until the CRA has done what it was supposed to do in HOB. Mr. Hutchinson stated that a private developer could do this. Mr. Hutchinson stated that when they do a project in HOB, they have to have community involvement. Mr. Hutchinson would be writing the RFP. Mr. Tillman felt the timetable on this was too early. Mr. Hutchinson stated there are people telling him to do something now. Mr. Tillman stated that the HOB plan needed to move forward, but no one knew about a community land trust; all people know is what is supposed to happen in HOB. Mr. Tillman stated that they needed to first do what they intended to do in the HOB and after that they could move to creating a community land trust. If they tried to do this now, it would send up a negative smoke signal and people will perceive this as a negative thing. Mr. Tillman stated that the creation of a community land trust needed to be revisited in terms of timelines and what they are going to do in HOB; maybe next year, but definitely not this year. Mr. Hutchinson stated it would take them months to write the RFP and to advertise it and the community land trust would not come to fruition until this time next year. If the CRA does not move forward with what they are going to do with the assembled land, this is not something that could be done overnight. Mr. Hutchinson felt that this fall they needed to write those elements. Mr. Tillman felt that the first thing they needed to do was to build things and to promote them before they start looking at a community land trust. Discussion took place regarding Section 8 housing. Mr. Myott did not think it was feasible to have all Section 8 housing in one place and it should be spread out in various developments. He felt that the developers needed to have a mechanism in place to make Section 8 housing people owners of their own property. Mr. Hutchinson stated that this is the purpose of a community land trust. Mr. Hutchinson explained that a community land trust would create mixed income neighborhoods that would include units in the downtown and there are 16 units in the Promenade that are dedicated to workforce housing. Mr. Tillman did not want to see any glorified housing authority come to Boynton Beach like what happened in Delray Beach and they had to demolish those buildings. He felt if they didn't do it right, this is what would happen. Mr. Hutchinson agreed with Mr. Tillman's assessment. Mr. Hutchinson stated they would be delicate on how they roll this out and the timing. He wanted the members to be aware that this would be brought to the Board in the future. Mr. Hutchinson pointed out that Ms. Brooks has experience in this area. Ms. Brooks stated that most dollars that are available for affordable housing have their own mandates and has to have at least a 100-year life to be feasible. 8086 29 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 WI-FI Mr. Hutchinson stated that they could sign up for this service annually. The City's IT Department is assisting with this. It is not necessary for the CRA to buy the equipment. They will service it. The contract would cost $40,000 annually. If they don't like it after a year, the CRA can drop it. There is a proposal in the packets. One proposal is to purchase it at $162,000 or after the six-month pilot program, the IT Department would take the equipment back. Mr. Hutchinson felt that they would realize revenue from this in the future. The Promenade planned to put in WI-FI on their recreation deck, but instead will pay the CRA a fee to provide this service. Mr. Hutchinson explained how this service worked. Mr. Tillman pointed out that this would be very beneficial for those students who do not have Internet access from their homes. Mr. Hutchinson recommended that the members read the document over. Arts Commission Mr. Hutchinson is a great proponent of art in public spaces for all their projects. The Arts Commission wants to have an assessment across the City of 1% of all the development. This would equate to an assessment of $10 million downtown on a billion dollars being spent downtown. This would be paid up front upon permitting for each development project. He asked the Arts Commission within the CRA that this be waived due to what the CRA is doing with the CRA tax increment money to encourage arts. The response he got was a document in the packet. Mr. Hutchinson reviewed the Arts Commission's response as follows: · It is not art unless an approved artist on their list does the work. · An architect cannot do art. Mr. Hutchinson is recommending that they turn down the recommendations of the Art Commission in favor of letting the CRA define art their own way in the CRA area. Major projects cannot afford to spend $1 million up front for this kind of project. Mr. Hutchinson felt that this defeated everything the CRA is trying to accomplish in public art. Mr. Hutchinson would like the Art Commission to define art as "elements that perform or bring function or present styling, above and beyond function." For example, if a project had pavers in a certain area and they were set in a certain pattern, it would become art. Mr. Hutchinson noted that the document provided by the Art Commission stated that it was an artist that stated whether it was art or not. He would like the CRA to be exempted. He pointed out that this was his own opinion and does not reflect the Board's position. Mr. Hutchinson took offense that the Art Commission felt that an architect and other people cannot create art and it cannot be art unless you are an art person. Mr. Hutchinson did not think that the CRA could work within these guidelines. He felt that it was the responsibility of the Art Commission to define art and set the parameters, which was a good thing. However, this is not what the Art Commission is about. They are about gathering money and there is no provision for an endowment. They collect it all and spend it all. 8087 30 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 They have a job description for an Arts Director that will be funded from the fee. Mr. Hutchinson noted that there will be $20 million in the next five years for art. It goes from zero to $20 million, which is on permitting alone. Mr. Hutchinson stated this was catastrophic. The Arts Commission ignored his comments and came back with their own recommendations. The downtown has an obligation to fund arts, but just because they money is collected downtown, does not mean it stays downtown. Mr. Myott felt that the Ads Commission's proposal was very aggressive, but he was not sure if they should squash them and what they provided indicated their commitment to the City. Mr. Hutchinson thought that the Arts Commission would be a Board to give insight and provide consulting to the CRA. Mr. DeMarco inquired if the City Commission was consulted on this. Mr. Hutchinson stated he did talk to the City Commission. Mr. Hutchinson felt this was disastrous. If the Arts Commission wanted to work with the CRA, he would be glad to have them; however, if they want to tell developers that they would be subject to an impact fee, this was out of their area. Mr. Hutchinson was glad there was an Arts Commission in the City, but he did not think they should be involved in finance and set impact fees that could affect projects. He did not want to see more money going out of the CRA area. Mr. Hutchinson requested that members take an opportunity to review the document. Mr. Myott inquired how the Board would work with the Arts Commission and Mr. Hutchinson stated he did not know. All he knew was send them the money. Chairperson Heavilin will speak with the Chair of the Arts Commission. The meeting adjourned for dinner. The HOB is an unknown commodity and to get the best development proposal, they have to show the magnitude of what this trade could be. Mr. Hutchinson wants to have a study done so they can show the strength of the market and what they want to see in projects. He would like to go out for an RFQ to find out how much it would cost. He anticipates it would be around $20,000 to $25,000 and this information is critical. Self-Assembly Program Mr. Hutchinson displayed a map with the self-assembly areas. This has been a great success and there are two more areas that want to come in. Tomorrow he would like the members to bring any questions to the workshop or if they want to review anything. The members will meet at breakfast and then proceed with the meeting. Ms. Vielhauer will have the issues that were discussed today for review. Mr. DeMarco would like a status report on the wayfinding signs. Mr. Hutchinson stated that they are still waiting for DOT. The signs the CRA have proposed are what the State wants to use. He feels that the DOT will be issuing them permits to put them up. Ms. Vielhauer has been working with Laurinda Logan in the City's Engineering Department. He feels that they are close. Ms. Vielhauer stated they are working on a County sign that would be placed at the First United Methodist Church on Seacrest. They have spoken with a representative of the 8088 31 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Church and the sign will be going before the Church's Board for approval to put on their property. The hold up with FDOT is the sign at the Bank of America sidewalk and the CRA has received written permission from the Bank to put the sign up. Mr. Hutchinson reported the good news is, they have the signs and won't have to take them down later and this will be the example for the new signage for the State. The signs are sitting in the warehouse waiting to be put up. Mr. DeMarco felt that the signs are good public relations and is a positive move. The meeting concluded for the evening. Sunday, February 20, 2005 Present: Staff: Chairperson Jeanne Heavilin James Barretta Al DeMarco Steve Myott Doug Hutchinson, Director Susan Vielhauer, Controller Nicole Monet Vivian Brooks, Planner The meeting reconvened at 7:30 a.m. Review of the check-off list: Mr. Hutchinson wanted to make sure staff knew what the members wanted staff to work on. Members were requested to look at the blue sheet. Mr. Hutchinson noted that Mr. Tillman and Mr. Ricketts had left. ,4, Design and Planning of Streetscapes Staff will prepare a change order document with 30% designs. The current contract is with Burkhardt Construction and Kimley-Horn. When the change order documents are brought to the Board there will be a public meeting because there is a difference between a conceptual plan and what the design actually ends up looking like. The material, lighting and the actual streetscapes will be brought in. Chairperson Heavilin asked about the lighting fixtures and Mr. Hutchinson stated they would be black throughout all the streetscapes, not teal. Mr. DeMarco inquired if there has been consideration to make Boynton Beach Boulevard one-way. Mr. Hutchinson said that Boynton Beach Boulevard would not become one-way. Mr. DeMarco said there have been rumors to this effect and Mr. Hutchinson stated that this was totally incorrect. It is anticipated that the Boulevard would be widened 20' on either side where the First Baptist Church exits. The TCEA study was expanded to ask that this encumbrance be taken off Boynton Beach Boulevard. This is why no new development has taken place on this street. Mr. Hutchinson stated that once the overlay comes in, this problem would go away. Right now, this is a cloud on the title. The County originally instituted this. Mr. DeMarco inquired if the sidewalks would be widened. Mr. Hutchinson stated this was part of the streetscaping. Mr. DeMarco asked if parking would be allowed and was in formed that 8089 32 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 there will be no parking. Mr. Hutchinson noted that all this was addressed in the Boynton Beach Boulevard Plan and the Board approved it and this is the Plan that will be instituted. The big issue for Boynton Beach Boulevard is the median and pedestrian management at the smaller side streets. Currently, there is a free for all in the turn lanes in the middle of the street. Mr. DeMarco noted that there are no Palm trees in the drawings along the street and inquired what the landscaping would be like. Mr. Hutchinson stated that the current sidewalks are not adequate for pedestrians and will come out. MLK will have some interesting features introduced and will have a lot of re-work. ,~ Ads Commission This Board will be coming to the CRA with their recommendations. Mr. Myott inquired if any traffic calming would be introduced on Seacrest. Mr. Hutchinson explained this is controlled by the County and the City staff is opposed to introducing any traffic calming features, since they want to introduce residential that would back out into the road and, therefore, do not want to calm the traffic. Mr. Myott pointed out that this Board is hiring the consultants and should have input on what the Board wants. The County has indicated they would pay for the streetscape and the City refused because the City would be responsible for maintenance of the landscaping. Mr. Myott recommending speaking to the Commission about this. He recommended charging the developers that could contribute into a maintenance fund for this purpose. Mr. Hutchinson felt that this was something the CRA should handle, rather than involving the Commission and developers. The reason this Board is opposing the Ads Commission's recommendations is because it is redundant. Mr. Hutchinson stated that it would not help the CRA in defining ad. To say that art is done only by a list of artists on an approved list is very limiting. Mr. Hutchinson felt if an architect came up with a design or special feature for a project, they would not be considered artists or art eligible for the program and the project. Mr. Myott stated the selection is too subjective. Bank of America Site Mr. Hutchinson will work on the feasibility study qualifications that will be a recommendation from the selection committee. He will have Julie Turner and Mark Raymond begin to map out the finance for this project. Mr. Hutchinson explained what a PDD is and it is established by the City Commission. Within the PDD, the PDD governance board could go out for tax-exempt bonds for public utilities and the parking garage. The revenues from the assessment would pay for this. If anything comes up shod, the CRA would not be responsible, it would be the PDD. This is why Julie Turner and Mark Raymond are not greatly concerned about the CRA's future bonding 8090 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 capacity, because this is a standalone program. He will charge Ms. Turner and Mr. Raymond to work on this concept. Bert Oliver will work on the draft of the PDD. Mr. Myott inquired if the City Commission would be the PDD. Mr. Hutchinson stated that the Commission only allows the PDD. Mr. Myott asked who the PDD would be and Mr. Hutchinson stated it would be the landowners and their designees. Mr. Hutchinson explained that an assessment is not a property tax; it is an assessment against the property owner. Mr. Barretta inquired how many parking spaces the CRA would be getting and Mr. Hutchinson stated 400 extra spaces. Mr. Barretta asked if this was enough to support the Museum. Mr. Barretta said it would not. However, they looked at parking in the downtown area that includes several parking garages. The Museum will be a small Museum and Mr. Hutchinson was not concerned about the parking. Savage Creatures Museum Mr. Hutchinson stated that Mr. Ricketts outlined two aspects and they will be working on certifying the project. They will be lobbying for the permitting process for the Museum. It is in the budget to take the design and to relate it better to the site. Mr. Hutchinson stated it was critical to come up with a footprint of the Museum. There is $175,000 in the budget for permitting and to come up with program content. There will be money put aside for this over the next three years. It should be ready to go at the third year. He anticipated that the CRA would have to put up 20% to 30% of the funding and the rest would come from other sources. Mr. Myott inquired if the Board would be updated on a regular basis. Mr. Hutchinson stated that the Board would be updated as needed, but at least twice a year. He will also include this in the State of the CRA address each year. Now is the time to start to get the help and support of the community. Town Square They were asked by the City Commission to submit Mr. Hutchinson's capital funding concept that was provided to members in a report with a letter outlining that the CRA wants to take over the project and move it forward. The Schoolhouse Children's Museum will also be a partner. They did a survey and 86% of the people surveyed strongly endorsed expansion of the Museum into the Old High School. Mr. Myott inquired if the CRA would take title to the building (Old High School) and property and Mr. Hutchinson responded "yes." The title would have to be transferred from the School District to the City first and then transferred to the CRA. Mr. Myott felt it would be best for the CRA to take possession of the properly. The CRA will go out for an RFP for the foodservice and two food operations have indicated they want to go into the school. Mr. Hutchinson stated there would be more than one revenue source going into the building. The Cultural Club will be utilizing the building and traveling Museums would come. He felt there was a great oppodunity for a television studio to go in and classrooms for community TV. Chairperson Heavilin inquired if the amount of space that 8091 34 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 would be available for the Children's Museum would be limited. Mr. Hutchinson was not certain on this. Mr. Hutchinson noted that the City also wants to put in a new Civic Center that could accommodate additional uses that are not available in the Museum. Anyone wanting to go into the Museum, the CRA staff would help them with a business plan. The Board would be reviewing this and managing it. It is important that the operating side of the Museum be covered. He is not worried about getting their capital back, but he is worried about finding the money to operate it each year. Mr. Myott asked if there was consideration to move the CRA offices to the Museum and Mr. Hutchinson felt that this was possible. Mr. Hutchinson pointed out that if any private sector entity wanted to purchase and operate the Old High School they would realize a tremendous tax credit for this purpose. They will be looking at various options. Mr. Hutchinson felt that the CRA would have multiple options for office space without spending a lot of money. Marina Purchase Mr. Myott was at the Chamber of Commerce Government Affairs Meeting and Warren Newell was present and he mentioned the marina. He also indicated that the County would not be able to get this into their bond issue. Chairperson Heavilin thought he was referring to Boynton Inlet. Mr. Hutchinson noted that the County went out for $50 million in bonds was actually spent before the vote. Therefore, when Boynton Beach submitted an application right after the bond passed, what happens now? Therefore, the County is trimming some of the projects in the bond issue or Commissioner Newell could fund some of these projects out of his pocket, or the CRA will be reimbursed when some of the money comes in. Mr. Myott inquired how much land is not submerged that the CRA is contemplating to purchase. Mr. Myott anticipated approximately one-half acre out of 13 acres. Mr. Hutchinson stated two-thirds of the land is submerged. The land being discussed begins at the Banana Boat seawall to the center of Casa Loma, from the Sea Mist end, all the way up to the Two Georges Restaurant Building. This whole area would be purchased by the CRA. Certain parking areas will be dedicated to Two Georges and the CRA will have the current parking along the boat slips that will no longer be parking, but would become a drop off area. Mr. Hutchinson noted that the CRA police officers would be able to enforce the parking situation and drop off area. They will be gathering input from the affected businesses. Chairperson Heavilin asked what triggered this. Mr. Hutchinson explained that the stores are inadequate and the businesses, like the dive shop, need a room to teach. There is $800,000 in the budget to take down the dive shop and building a new building that would have public restrooms, a joint ticketing outlet, and marine store. On the second floor would be offices for rent and meeting rooms. Mr. Hutchinson would like to introduce some apartments on the third floor. This area could become a pedestrian way. Mr. Myott asked if there were plans and Mr. Hutchinson stated these were merely ideas. Mr. Hutchinson envisions that a day dock would be added at the end of the Promenade. If an icehouse were added, fishermen could come back to the Promenade to unload that could 8092 35 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 generate fish sales. This will be discussed more with the members since this is a new project. Mr. Hutchinson anticipates that the paperwork would be completed within six months to move forward with the purchase. Mr. Myott recommended that these items be added to the agenda so they could be addressed at each meeting. Mr. Hutchinson will add this to his Director's Report for updates. Mr. Hutchinson reported that Two Georges is moving ahead with getting their marina appraised and the CRA may be doing its own appraisal. The first thing to do, however, is to get a survey done. Members agreed that this was a way to show that the CRA is an investment in people and not just developers. WI-FI This will be brought to the Board at the March meeting. He noted that the City's IT Director has wanted to do this for several years and is pleased that the CRA has taken a lead on it. Mr. Myott noted that in his hotel room last night, the Naples' CRA meeting was telecast and there were two municipal channels. Mr. Hutchinson stated that if the CRA get its own production studios, alt the CRA meetings and workshops could be televised. This would be a great way to get young people involved in broadcasting. Chairperson Heavilin noted that this could be tied into the Magnet Schools. CRA Police Mr. Tillman had previously pointed out that there needs to be signs to tell people that the CRA is patrolled by special dedicated police patrols. Mr. Hutchinson would like to have call boxes introduced. He also would like the Police Officers equipped with Palm Pilots that could be obtained through grants. Mr. DeMarco wants it stressed that the CRA area is safe and wants to keep the crime out of the area. He noted that there is graffiti in other areas of the City that is an indication of gangs in the area. He does not want to see this in the CRA. Mr. Hutchinson anticipates that two more officers will be added to the CRA staff that will ride bicycles in the smaller areas, whereby the officers can rotate their hours in teams to cover downtown. The call boxes would increase police response time. Mr. Hutchinson stated that the HOB has embraced these police officers that patrol on foot or bicycle and this interaction is critical in developing a relationship with the community. This will increase the number of CRA officers from four to six. Mr. Hutchinson explained the benefits of the new technology that the CRA officers would be using. He anticipates that the trolleys will have cameras. Mr. Hutchinson encouraged Board members to bring forth any recommendations or things they would like to see changed. Assistant Director Position 8093 36 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Myott inquired about this and Mr. Hutchinson said that the members would be presented with the current wage, updated job description and work assignment that goes with the position. Also members will be provided with an advertising plan and he anticipates that this will be done on a national basis. Mr. Myott inquired about the position for Ms. Annette Gray's assistant. Mr. Hutchinson stated that a job description will be developed and a pay scale with research to back up the recommendation. The Assistant Director's Position will be filled ASAP; Ms. Gray's assistant may require another meeting or two to finalize it. Mr. Myott asked about Mr. Sugerman. Mr. Hutchinson stated that Mr. Sugerman is still negotiating with Highland Beach. Mr. Myott inquired if he was still negotiating with the CRA. Mr. Hutchinson stated there are no negotiations with Mr. Sugerman, unless he presents a counteroffer different than the one presented to the Board. Mr. Myott noted that a new wage and benefit survey would be performed for all CRA employees. Mr. Hutchinson stated that this would be for the next budget year. Trolley Marketing Qualified companies will be brought to the Board. Signage is going up. Mr. Hutchinson explained that it took several weeks to come up with the trolley route that ties directly in with the Marina Village project. Discussion took place on the time it took for the trolley to complete its route, which is around 45 minutes. Organization They are working on getting the documents in for the business district and Mr. Hutchinson feels that this is part of the future of Boynton Beach. This is the beginning of concepts that will carry on into the future. Promotion The assistant events coordinator was just discussed. Mr. Hutchinson anticipates that they will be coming back to the Board with revised underwriting for the projects. Chairperson Heavilin noted a comment was made yesterday that it was important for Board members to appear at the events and functions. Mr. Hutchinson noted that when they were in the Holiday Parade on the trolley, this was noticed by a lot of people. Commissioner McCray commented at a Commission meeting that key City personnel and Commissioners did not participate in the Parade and noted that the CRA was duly represented with the trolley. 8094 3? Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Economic Restructuring Mr. Hutchinson will review the dates and steps for the HOB. He reiterated that there are eight propedies that are being recommended to be taken by eminent domain and this will be going to the Commission. Boynton Beach is the first CRA in the minority area to organize for self- assembly. · ,¢' Boynton Terrace Chairperson asked Boynton Terrace. Mr. Hutchinson stated that he would be receiving a request from Quintus Greene by the March 17th Board meeting for the CRA to underwriting the demolition of these apartments and the CRA will take a lead position in the property. They will also be addressing the affordable access ordinance and the creation of a community land trust. Mr. Hutchinson does not want the CRA set up to take the fall for every group that did not get what they were promised by people other than the CRA. This is such a concern that Commissioner Ensler has spoken with Mr. Hutchinson about getting a Board with a broad based interest involved. The HOB will move forward, while working through the politics. Mr. Hutchinson does not want to have to make recommendations regarding entities that want the CRA to provide them with assistance. Chairperson Heavilin noted that if they gave to one group, then all groups would want CRA assistance. Land Assembly A map is included in members' packet and there are four areas participating. The biggest complaint is that the CRA is not moving fast enough. The CRA has a 50% matching grant and one group coming in said they would do 50-50 until they are organized and once they are organized they could apply for 100% underwriting for site plans, etc. Mr. Hutchinson recommended that they come to the Board with their request. Chairperson Heavilin asked if some kind of incentive program could be established for these groups. Mr. Hutchinson stated that there already is an assembly incentive. Mr. Hutchinson reported that they have worked out with City staff that the CRA will have mixed use high, mixed use L-l, mixed use L-2 and mixed use L-3. Mr. Myott noted that this was not the HOB and Mr. Hutchinson stated that was correct. It would be throughout the CRA area wherever there is mixed use. Chairperson Heavilin asked if this would address the previous residential requirements for Seacrest and Mr. Hutchinson stated that it would. There are several areas that need to be clarified. The festival grants will be phased out of the incentive program in the next budget year. The main idea is to have the Board more engaged in designing the program by awarding incentives. Relocation Incentive Package 8095 38 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Another item that Mr. Hutchinson wanted to address was how a developer of a project treats residents and businesses within their project. If the owner of the properly that is selling, Mr. Hutchinson would like the Board to consider a matching grant. This means that whenever the owner of the property or the business being bought, the CRA would have a relocation package that the seller could come in and say they need help moving the people. This would help the situation and make more money available to relocate people. He noted that all property owners are making a lot of money off these projects, but he was referring to the fate of the individual property owners in the trailer park that was recently brought out. The CRA is encouraging development, but he wants to make these property owners responsible for their residents. They could also use the direct incentive that would be scored accordingly. Is the developer a monster and therefore under project quality, the developer would receive nothing. Members discussed how to address this issue. Mr. Myott pointed out that it is impossible to please everyone no matter what you do. He would like to have these people who are being displaced given an opportunity to buy into the project, if possible. Mr. Hutchinson stated that the incentive program does allow for this. Mr. Hutchinson stated that when the project comes before the Board, the developer needs to be asked what his plan is for relocating or accommodating the people in the site plan. If they say they have none, they should be informed that they should come in under the direct incentive program. This was done with the trailer park project. The developer was informed that the zoning would not take place until they could prove to the CRA that the residents of the park would be treated fairly. The developer thought that they would be able to go around this since approval was recommended for all their items, except the site plan. Mr. DeMarco stated that they needed to be cognizant of legal ramifications. Mr. Hutchinson noted that they could use the press effectively when the press learns that people are being treated unfairly, it can make a developer take notice. Mr. Hutchinson noted that they could be sued, but would they prevail. Mr. Myott recommended that when a developer files an application there could be a place where it states would anyone be displayed by this development and, if so, how do you plan on addressing this. Other Mr. Barretta would like to have a meeting with staff as soon as possible. Mr. Hutchinson thought that this might be discussed further in a workshop. Mr. Myott recommended discussing this with Mr. Rumpf. Mr. Myott noted that if a meeting with staff does not take place prior to the next meeting, they could discuss it at the next meeting. Mr. Barretta was opposed 'to having opened ended items brought to the Board for approval. Chairperson Heavilin said they could always make it a condition of approval that the item is brought back to the Board for approval. Mr. Barretta stated that the City Commission normally overrides this type of condition. Mr. Hutchinson noted that the Board can add as many comments and conditions as it deems fit and normally the Commission goes with the recommendations made by this Board. Mr. DeMarco did not want to rubber stamp projects without having all the facts. 8096 39 Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. DeMarco would like to be furnished with a glossary with an explanation of the acronyms and initials used at the retreat with an explanation for each one. Mr. Hutchinson will follow through this request. Mr. DeMarco would like to be furnished with a list of merchants within the CRA and the name of the contact person for that company so they could have contacts to solicit. Mr. Hutchinson stated that this was not allowed by the State and he was opposed to doing that. Mr. DeMarco said he was not aware of this. He stated that he has contacted some people that they meet in Vancouver. Mr. DeMarco thought that there were companies in other countries that would like to have a shop in Boynton Beach. Mr. Hutchinson said that this needs to be discussed and Mr. DeMarco has done something that this Board has not done. If Mr. DeMarco wants to become involved in this, this is not something that staff would become involved in. He was not opposed with having businesses come to Boynton Beach, but if they start to get involved in this, they would have to keep an inventory of rental space. Before they do this, he would need direction from the Board. He pointed out that there is no space in the City and they have no ability to recruit businesses until the Promenade comes on line. Most space in that project is almost gone. The Related Group will not let the CRA know what they have for space, because they are selling their space. Therefore, what would the CRA do with a lead? Chairperson Heavilin pointed out that developers usually have companies that go out and recruit businesses for their space and she did not think this was something the CRA should be involved in and she felt that they should encourage local businesses, not businesses from other places. Mr. Hutchinson stated that if the CRA had an existing downtown that was empty, then this program would be beneficial. He stressed there is no space in the downtown for new businesses. Mr. Hutchinson also explained that there is insufficient staff for this purpose. Mr. Hutchinson said it is not the CRA's job to bring businesses into projects. Chairperson Heavilin recommended that Mr. DeMarco bring his ideas to the Chamber of Commerce. Mr. DeMarco asked to be furnished with a list of funds that would be needed for the various CRA projects. Mr. Hutchinson stated this information was included in the packet. Mr. Hutchinson stated that there is also information for future bond issue. Mr. Hutchinson will add to this document a promotion section, the police recommendation and any other direction documents. He anticipates presenting this to the City Commission, as well as to other civic organizations. Mr. Barretta thought that Mr. Hutchinson had previously withheld information from the Board members in the past because he was fearful of the former Chair and what this Chair would do with this information to further his own interests. Mr. Barretta felt that Mr. Hutchinson skirted cedain information from cedain Board members to protect emerging projects. This situation no longer exits and there is no one on the Board that would sabotage projects for their own personal gains. 8097 4O Workshop Minutes Community Redevelopment Agency February 19 and 20, 2005 Mr. Hutchinson stated he was unaware that he was doing this. Mr. Hutchinson stated with regard to Mr. Finkelstein, if there were projects that had conflict of interest intonations, he did not provide Mr. Finkelstein Board level information. If any Board member brings in a project, in order to protect that Board member, he would not be privy to certain things that are going on because he represents a project coming before the Board. Mr. Myott thought that at times he was not provided with enough information. Mr. Hutchinson explained that he reviews many projects that never get to the Board. If some Board members want additional briefing, Mr. Hutchinson would be glad to comply. He also noted that some Board members have brought projects to the CRA and he sees four to five developers a day. Mr. Hutchinson will try to keep Board members more informed. He has never meant to hide anything from any Board member. Mr. Myott felt that the retreat was very successful, a lot of information has been exchanged, and many great ideas have come forward. Chairperson Heavilin had concerns where the Board wanted to go, but after today she is comfortable with the direction they are going in. Chairperson Heavilin was concerned about Board members Fenton and Horenburger not participating. Mr. Hutchinson will meet with each of those Board members individually and noted they received the packet with all the information. There was a consensus that the retreat was a success and minutes will be provided. The retreat concluded at 10:15 a.m. Transcribed by Barbara Madden: Eleven (11) tapes 8098 41 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MARCH 17, 2005 MEETING CONTINUED TO WEDNESDAY, MARCH 23, 2005 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Susan Vielhauer, Controller Absent: James Barretta Call to Order Chairperson Heavilin called the continued Community Redevelopment Agency Meeting of March 17, 2005 to order. The Recording Secretary called the roll and declared a quorum was present. Chairperson Heavilin welcomed Commissioner Ferguson Attorney Spillias noted it was not necessary to administer the oath since a code review is not a quasi-judicial matter. VI. Public Hearinq New Business A. Code Review Project: Agent: Location: Description: Car Wash Use in M-1 (CDRV 05-001) Michael Weiner, Weiner & Aronson Industrial (M-l) Zoning District Request for an amendment to the Land Development Regulations, Chapter 2 Zoning, Section 8.1.4, M-1 Industrial District, to allow as a Conditional Use, carwashes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue Mr. Johnson presented the item on behalf of staff. The applicant is requesting a code amendment to include the following language: "Car washes, provided the use is located 8099 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 along a major arterial roadway located west of Interstate 95, such as Congress Avenue." The proposal is to allow a car wash in the M-1 Zoning District. Staff has determined there are 31 businesses that are considered car washes, of which five are considered full-service car washes. Full service car washes are allowed as permitted uses in C-3, C-4 and PCD Zoning Districts. They are not allowed in the M-1 zoning districts. The applicant intends to develop a car wash on Congress Avenue necessitating a code change. Staff reviewed the South Congress Avenue Study that mainly dealt with the M- 1 zoning district that is not within the CRA's jurisdiction. Staff also evaluated the differences between permitted and conditional uses. It was found a car wash would be allowed in the M-1 zoning district, but only as a conditional use. This would allow staff to review each request on a case-by-case basis. Rather to just allow a car wash along Congress Avenue or in the M-1 zoning district, staff felt it was important to have car washes allowed only as conditional uses in all M~I zoning districts. As a result, staff is also requesting car washes be conditional uses in the C-3 and C-4 zoning districts. Staff is recommending approval of the request to allow a car wash as a conditional use in the M-l, C-3 and C-4 zoning districts. Chairperson Heavilin opened the public hearing. Michael Weiner was present on behalf of the contract vendee that would be purchasing property along Congress Avenue. This was a privately initiated amendment and it was staff that requested the rezoning be expanded to other zoning districts. He noted, however, his request was for M-1 zoning districts, but if the Board wanted to adopt staff's language, he was not opposed to it. Chairperson Heavilin inquired how this would impact the CRA since the CRA was not involved in Congress Avenue. Attorney Weiner was not certain why this was brought before the CRA, but there is C~2 and C-3 zoning within the CRA. He attributed this to staff wanting it reviewed by the CRA. If this Board only wants to vote on the recommendations in staff's report, he would be agreeable with that also. Motion Ms. Horenburger moved to approve staff's recommendation. The motion died for lack of a second. Chairperson Heavilin inquired if citywide zoning had to come before both Boards. Mr. Johnson noted the CRA did have M-1 zoning within its boundaries. Mr. Hutchinson responded it does not fit the description in the Ordinance presented to the Board since 8100 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 the CRA M-1 zoning is not on a major artery. Mr. Johnson pointed out staff is recommending car washes be allowed as a conditional use in all M-1 zoning, regardless of where they are located. Staff is also recommending car washes be allowed as conditional uses in C-3 and C-4 zoning districts as well. Mr. Hutchinson stated this Board needed to hear testimony for the areas that would be impacted in the CRA. The only M-1 zoning district in the CRA is Industrial Avenue, one- half block off Boynton Beach Boulevard, north to 9th Avenue. Mr. Hutchinson pointed out, however, if the code change was approved, this would give staff more control within the C-3 and C-4 zoning districts in the CRA. Mr. Myott inquired if a car wash approval would ever come before this Board within the MU projects. Mr. Hutchinson stated car washes are not allowed in any mixed-use zoning districts. Attorney Weiner reviewed the current uses allowed in M-1 zoning districts. He did not think adding car washes as conditional uses in M-1 would be detrimental. It is much better to have these kinds of uses categorized as conditional uses that would allow the City more control of what goes into these zoning districts. Mr. DeMarco inquired if this was coming before the Board because there would be someone in the area that would be opening up a car wash in the future. Attorney Weiner responded there is someone that wants to open a car wash, but it is not within the CRA. Mr. DeMarco questioned why this was brought before this Board since the location of the proposed car wash is along Congress Avenue. Attorney Weiner explained citywide zoning has to b'e addressed by the CRA because their application was expanded by staff to include C-3 and C-4. Vice Chair Tillman felt the item should be brought before the Planning and Development Board before coming to this Board. If the initiative is not a CRA initiative, he did not feel it should come before the CRA Board. Mr. Johnson noted the item did go before the Planning and Development Board first and it was recommended for approval. Because there is some M-1 zoning in the CRA, staff feels the CRA Board should also address this since it is a citywide initiative. Ms. Horenburger inquired if the CRA staff was recommending approval. Mr. Hutchinson responded that CRA staff did not want to pass judgment on the Congress Avenue Corridor project, but anytime they can get a conditional use review, he feels the Board would gain control over what goes into the CRA area. Chairperson Heavilin inquired if the item could be expanded that car washes could only be located within an interior parcel within those zoning districts to prevent the car wash from abutting residential. Mr. Johnson pointed out one of the criteria for evaluating conditional use is compatibility. 8101 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Motion Mr. Myott moved to approve the amendment to the Land Development Regulations, Chapter 2 Zoning, Section 8.1.4. M-1 Industrial District, to allow carwashes as conditional uses in M-l, C-3, and C-4 zoning districts per staff recommendations and subject to all staff comments. Motion seconded by Ms. Horenburger and unanimously carried. Motion carried 4-2 (Messrs DeMarco and Fenton dissenting). VII. Old Business Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project (Tabled to March 17, 2005) (Previously addressed) VIII. New Business A. Consideration of Pilot Program for WI-FI Wireless System for Heart of Boynton and Central Business District Mr. Hutchinson noted that the City's IT Director is not available and he would like to postpone the item to the next meeting. Motion Vice Chair Tillman moved to table Item VIII.A. Motion seconded by Ms. Horenburger. Chairperson Heavilin stated that the correct terminology was "postpone," not "table." Vice Chair Tillman amended his motion accordingly that was seconded by Ms. Horenburger. Ms. Horenburger noted when the item comes back, she would like it to go out to bid. Attorney Spillias reported he received E-mail from an attorney that handles telecommunications law who informed him the State legislature is currently considering two bills that would prohibit local governments from offering communication services in competition with private providers, including WI-FI. Attorney Spillias has not had an opportunity to look at the Bills, but he might have something by next month. Mr. Hutchinson noted during Palm Beach Days Senator Klein brought this up and he supports allowing cities to offer the service or to go out through a competitive process. Mr. Hutchinson explained they are only planning to do a pilot program and would not be purchasing the equipment. 8102 4 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Ms. Horenburger noted the agenda item with the backup contract had the CRA responsible for the equipment. Mr. Hutchinson stated this concern has been conveyed to the IT Department. Chairperson Heavilin inquired if the item was postponed to a time certain, and Ms. Horenburger stated it was until the next meeting. Vote The motion carried 6-0. B. Consideration of Drafting an Agreement for the Acquisition of the Old Boynton Beach High School from the City of Boynton Beach with the Finalized Agreement returning for final Board approval Mr. Hutchinson noted the City requested the CRA present their ideas on the acquisition and restoration of the Old High School. The memorandum in the agenda packet contains a rollout of the project. The Board needs to formally give direction to staff to develop the ideas and to bring them to the Board. The agenda item tonight is authorizing staff to move forward through the process. At the workshop it was decided the CRA would take control and ownership of the Old High School and would move forward with restoration, programming and funding. Ms. Horenburger inquired if a motion was necessary. Attorney Spills reported the City Commission took formal action regarding this item and he would recommend this Board do the same thing to direct staff to work on a proposed agreement that would be brought back to this Board. Motion Ms. Horenburger moved that this Board direct staff to work on a proposed agreement that would be brought back to this Board. Mr. Fenton would like to have some discussion before motions are made. Chairperson Heavilin recommended that the motion be seconded and then there could be discussion. Vice Chair Tillman seconded the motion. Mr. Fenton inquired what contingencies the City has attached to the CRA. Mr. Hutchinson stated this is being looked at. They will draft a series of outlines and wait to see what the City comes back with. Mr. Hutchinson E-mailed the Board members and Legal staff that outlined the direction he was given at the workshop. If the CRA takes 8103 5 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 this over, the CRA wants to have control so it could be moved forward. The City has asked if the CRA cannot do this, there be reverter clauses. Ms. Horenburger was glad that the CRA was moving forward with this. Some residents have informed her they are glad the CRA is moving forward on this. Vice Chair Tillman noted the CRA is charged with clearing blighted land for redevelopment, thereby creating a tax base. He felt it was important the Old High School be saved in order to provide a heritage for future generations. These talks have been going on for ten years with nothing being done. He was in favor of the CRA moving forward with this project. Mr. Hutchinson reported there has been tremendous response in Tallahassee on this and the word is out the CRA is taking this on. Senator Klein also informed him how pleased he was the CRA was moving forward. Senator Klein also asked that the CRA provide as part of the WI-FI availability, a community accessed cable studio in the Old High School and to bring these requests to the State for funding. This was very well received considering the economic benefits the restoration of the Old High School could produce. Chairperson Heavilin stated originally she was opposed to the refurbishment because of economic factors, but now she feels it is time to move ahead and she too is excited about the project. Mr. Fenton noted he served on the Committee with Bender & Associates that came up with a Historical High School Study. It was recommended the building could be sold and put on the tax rolls. This was done in Key West and the bids received were much higher than anticipated. Doing it this way, the private sector would take it over and a small portion of space in the building could be allocated towards public use. Mr. Fenton noted maintenance costs could amount to $500,000 per year. He would go along with the project if it could become a viable business, but he could not support the project if the CRA would have to maintain the building. He would like to see a logical business plan to address this so the CRA's costs would be zero. Mr. Myott said Mr. Fenton's ideas could be an exit strategy and the Old High School could transfer ownership to someone else at a future date. The building could be sold and the CRA could recoup its investment. Mr. Hutchinson agreed with Mr. Myott's assessment and the premise for an economic, viable building would be to put programs in the building that would be cash-flow generators. Mr. Hutchinson anticipates going to Adelphia Cable for grant money to put cable in. Mr. DeMarco was not for the project originally, but is now. He would like to be provided with a draft timetable of the refurbishing of the School, as well as a periodic progress report. He agreed they need to determine the costs and they may want to consider 8104 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 bringing in help from the private sector. Mr. Hutchinson noted the steps and sequences are laid out in his memo. Timeframes will be assigned to them at a future date. Mr. Hutchinson noted there was discussion at the workshop about re-phasing of the funding and if the CRA approves this, the concepts presented could work with CRA underwriting. He has received commitments from two major builders in the area and with available grants, Mr. Hutchinson feels the building could come on line in a series of phasing, in good order. Staff will provide updates not only to this Board, but to the City Commission as well. Mr. Hutchinson is of the opinion they have a good plan and good people with good track records onboard. He opined that the Old High School would become economically successful and it will be a good project. Ms. Horenburger was of the opinion that cable companies that had franchises with local governments were required to provide cable access. Mr. Hutchinson said this was a question for the City's IT Director, Peter Wallace. Vote The motion carried 6-0. C. Consideration of Selection and Contract Award of the Hotel Feasibility Study from Committee There have been plans dating back to the 1970's identifying the downtown as a diversified area, and not just a place for residential condos. A need for a full service hotel has been identified. There is evidence Boynton Beach has good, strong, specialized markets considering the projects coming to the downtown. Regardless of what project the hotel goes into, the study will look at a site and the feasibility for a hotel in the downtown area. Mr. Hutchinson reported the company selected to do the feasibility study has a track record that 72% of the projects they look at get built. He wanted to make sure the CRA did not encounter the same hotel problems West Palm did with the convention hotel. A hotel is critical to the diversity of downtown economy; they are looking to expand museums, civic activities and libraries. Mr. Hutchinson felt now was the time to move forward with the study. In order to attract the best to the City, HVS International, one of the best firms in the industry, could do it right. Ms. Horenburger inquired if the study would also recommend the best location for a hotel in the CRA. Mr. Hutchinson responded they would be looking at the Central Business District. She also inquired if there would be consideration to having smaller boutique type hotels. Mr. Hutchinson said this would also be looked at. The study would (1) determine the room rates; (2) the type of hotel that could survive in the CRA; and (3) 8105 7 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23,2005 what their expectations should be. By setting the room rates, this would prevent a glorified motel from coming in. They will also determine the amount of meeting space that is needed. The CRA continually receives calls about the dearth of meeting rooms. Mr. DeMarco inquired what the cost of the study would be and was informed it was $30,000 that the CRA would be paying. Mr. DeMarco asked why the hotel industry would not come in and do a study. Mr. Hutchinson stated they would and it would cost $30,000. Mr. DeMarco felt the hotel industry should pay for this. Mr. Hutchinson explained the hotel industry does not do hotel feasibility studies. Mr. Myott inquired if the company would spend the necessary time and come to the City to understand the lay of the land and meet with staff. Mr. Hutchinson was informed representatives from HVS International were in the audience. Mr. Hutchinson noted their Miami office that would be doing the study is one of the best offices they have and the credibility and projects that have come out of this office was outstanding. They are well known for doing studies in the area. John Lance, Associate Manager and Director of HVS International, assumed the podium. Mr. Lance explained part of the work they would do would involve thorough market interviews with existing hotel operators to get a better feeling for the demand in the area. They forecast future demands and estimate what occupancy a full service hotel could attract in Boynton Beach. They would also make recommendations for the price of the hotel to be developed that would include meeting space and amenities. As explained in their RFQ, they are putting senior staff members on the assignment. Chairperson Heavilin noted in the response to the RFQ, it states in Phase Two (Analysis) "the guestroom supply and total room nights available are quantified for each projection year." Does this mean these projections would be based upon the CRA's timetable for projects? Mr. Lance stated they would make a recommendation for room count based upon current supply, plus any anticipated new supply and would then make a recommendation when the hotel should be built. Based upon the recommended room count, they would forecast the occupancy for a full service hotel. Mr. Hutchinson stated the CRA incentives could be used to carry the hotel in its infant years until things come on line in the third to fifth year to get a commitment now. Vice Chair Tillman inquired if the study would include year-round occupancy or seasonable occupancy. Mr. Lance stated it would be done on a monthly basis. They engage a firm called Smith Travel Research that tracks the markets daily, but they will look at it monthly. Doing it this way would include seasonable occupancy as well. Mr. Fenton asked why one of the committee members did not score the firms submitting RFQs. Ms. Vielhauer stated that Diane Johnson from the Chamber of Commerce did ot feel comfortable scoring, g ! 06 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Motion Vice Chair Tillman moved to extend consideration of selection and contract award of the Hotel Feasibility Study from the Committee and move forward with it. Motion seconded by Ms. Horenburger. Chairperson Heavilin asked Vice Chair Tillman if his motion was to consider the contract award or to approve it. Vice Chair Tillman stated his motion was to accept the consideration of the selection of the contract award of the Hotel Feasibility Study and move forward. For clarification, Chairperson Heavilin stated the motion approved awarding the feasibility study contract to HVS International in the amount of $30,000. Vote The motion carried 6-0. IX. Commission Action None X. Director's Report · Discussion regarding City Planning and Development Staff conditions and comments on Project Review · Signage- Way Finding & Trolley · Trolley System Operations Rollout · "Building Document" · Old High School - City Commission Direction Mr. Hutchinson reported Ms. Brooks' contract as the CRA Planner needs to be ratified. The CRA Director is charged with hiring the Planner, but since the first offer exceeded some of the guidelines, he brought it to the Board for approval. A counter-offer was made and Mr. Hutchinson is recommending the hire be ratified at $60,000 annual salary, deferred compensation for retirement at $10,000, and vacation of four (4) weeks per year. Motion Mr. Fenton moved for approval. Motion seconded by Vice Chair Tillman and unanimously carried. Mr. Hutchinson noted Ms. Brooks is widely known in the community and the CRA is fortunate to have her on staff. 8107 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Chairperson Heavilin asked for an update on the Assistant Director position. Ms. Vielhauer reported the ad is ready and she is waiting for approval. Mr. Hutchinson noted the Board has already approved the position and Ms. Vielhauer responded she is waiting for approval of the wording for the ad. With regard to the requested meeting with City staff, CRA staff will be bringing forward the design criteria and the 20/30 plan shortly. These documents will be provided to City staff. This will be a means by which the CRA can let staff know what the CRA's expectations are of City staff in implementing those plans on behalf of the CRA. This would be a good time to further the discussion regarding the comments from the Board. Chairperson Heavilin would like these items workshopped. Ms. Vielhauer has worked through all the paperwork for the wayfinding signage to get the signs put up. Ms. Horenburger asked about DOT approval. Ms. Vielhauer reported that the trolley permits have been provided to Laurinda Logan in the City's Engineering Division. They have received signed approval to place a wayfinding sign on the Bank of America Building. They have approval for putting up trolley signs at the Marina Project, Tri-Rail and Palm Tran. Mr. Myott commended staff. He pointed out even though Ms. Vielhauer is the Controller of the CRA, she went above and beyond her job description and drew the permit plans for the signs. Ms. Vielhauer borrowed Mr. Myott's tape measure and went out and measured the spots for the signs and performed technical work that was necessary for completing the permit applications. He noted this had to be done for 19 to 20 spots where the signs would be placed. Mr. Hutchinson reported this program is being reconsidered for additional grant funding at the State and Federal level. The CRA is breaking ground on the wayfinding and trolley system and they are ready to go within 30 to 60 days. Ms. Horenburger asked about the advertising program for the trolleys. Staff was not happy with the responses received from the first RFP. Another RFP was issued and some of the responses received were not complete. Staff extended the date and contacted the respondents to provide the missing information. Ms. Horenburger would like to have more community based advertising on the trolleys. Mr. Hutchinson is working on the "Building Document," which is the workshop document. He will be bringing this to the members. There are three areas to be addressed. He noted the Board did not have a development briefing on what was going on. He is constantly being asked about what the CRA is doing and this will be addressed in the "Building Document." 8108 10 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Xl. Board Member Comments Vice Chair Tillman addressed the format of the Board meetings. Because the length of the last meeting was so long, a second meeting was necessary, as evidenced by tonight's meeting. There were times when the members were asked at 9:30 p.m. whether they wanted to continue the meeting to another date or to continue the meeting until all the agenda items were covered. He felt it was time to look at the structure of the meetings in order to alleviate these problems. Vice Chair Tillman pointed out the length of time applicants' attorneys are allowed to speak on their items and take up most of the time. He was not opposed to attorneys making a presentation, but he felt the back-and-forth banter of the attorney should not be allowed. He would like to place a time limit on items. At the last meeting, over two hours was spent on one project alone, which is very tiring. Vice Chair Tillman recommended including the Director's report in the agenda packet and that it be placed into the record of the meeting. He did not see the need for the Director to read his report since the information was already provided. Any Board member that has anything they want to address can discuss it with the Director at their one-on-one meetings. Therefore, Vice Chair Tillman would like the agenda structured that would benefit the public and eliminate the need for two meetings for one agenda. Chairperson Heavilin referred to the public hearing procedures that she was furnished by the previous Chair. The procedures for public hearings are: Staff would present the case along with its recommendation. The applicant would have five minutes to present his or her case or make a brief presentation. Members of the public wishing to speak on a specific agenda item would have three minutes. Chairperson Heavilin did not think that an applicant was limited to five minutes, but she was not opposed to initiating this procedure. She noted staff was requested to cut down on their presentations since members were provided with the material prior to the meetings. Chairperson Heavilin concurred with Vice Chair Tillman that the time applicants are allowed to speak needs to be controlled. Mr. Hutchinson recommended the applicants be apprised of this procedure prior to the process. Chairperson Heavilin asked the Attorney if they could limit an applicant to five minutes. Attorney Spillias requested he be given an opportunity to research this. The limitation of three minutes for public comment is standard. Since the applicant is making a presentation and is asking the Board to make a decision, the applicant, therefore, is entitled to a certain minimum level of due process. He is not aware of any jurisdictions that limit applicants to this extent. He will bring a recommendation back to the Board. 8109 11 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Chairperson Heavilin noted the procedures she cited state if there was opposition, the applicant would be allowed three minutes for rebuttal. Attorney Spillias felt the rebuttal could be limited because the applicant has already made their case. Mr. DeMarco felt the Chairperson should try to control some of the time people speak. He noted that the previous Chair allowed people to speak way too long. He noted at the prior meeting, people were kept waiting for hours and then did not get an opportunity to speak because the meeting was continued to another date. Ms. Horenburger noted it could be requested when several people are present to speak on the same item, they be requested not to repeat the same issues or to designate a spokesperson. She also thought the agenda should be restructured so that the public could speak first. Chairperson Heavilin asked members if they would like to change the order of the public items and to place them before the Consent Agenda. She noted at the last meeting over one and one-half hours were spent on consent items. Attorney Spillias recommended leaving the consent items on the agenda where they now appear, but the items pulled could be addressed after the public hearing items. There could be an area in the agenda designed for "pulled consent items." Chairperson Heavilin recommended that this be added after public hearing. Members agreed to this change in the agenda. Mr. Hutchinson stated it is difficult to know what items would be addressed publicly when the agenda is being prepared. Attorney Spillias pointed out the Board could re- order the agenda at each meeting. Mr. Fenton pointed out at the last meeting it was unusual that discussion of consent agenda items took one and one-half hours. He also felt members were aware the last agenda was very lengthy and the meeting would be a long meeting. Mr. Myott thought some of the delay at the last meeting was due to lack of communication between Mr. Hutchinson and the Development Department. He noted there was discussion at the retreat regarding Board review and the Planning and Zoning Department comments. Planning and Zoning staff have been presenting their comments to the Boards the same way for a long time. Mr. Hutchinson explained he cannot control the City planning staff. Mr. Myott spoke with Quintus Greene and informed him the Planning and Zoning staff needed to address this. Mr. Myott felt people were held up at the last meeting because of this. He would like the planning staffs of the CRA and the Planning and Zoning to get together so they could bring simplified comments to the meetings. Mr. Myott was not recommending that the procedures be changed since the Planning and Zoning staff are professionals and do a great job. 8110 12 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 Mr. Hutchinson felt the CRA having its own Planner will be of great assistance and the CRA design guidelines and updated plan would cover a lot of the issues being discussed. Ms. Brooks reported she spoke with Eric Johnson after the last meeting and she felt the way to limit the time developers speak is to provide them with the criteria. It is important for the development community to know what is expected of them. She will be meeting with developers at the pre-development meetings with City staff. She also has mentioned forming a design committee to provide input and make comments before the items come before the Board. She felt it was important these issues be addressed before the items ever get to the Board level. Mr. Fenton noted there is a big turnover of CRA staff and he would like to hire an outside human relations firm to do exit interviews. He would like to cut down on the turnover of staff. Mr. Hutchinson pointed out the high turnover has been only with the secretary position. Ms. Horenburger also recommended looking at the pay structure to make sure they get the best person and to perhaps look at the pay structure for the entire staff. Chairperson Heavilin said this was going to be one of the duties for the Assistant Director. Mr. Fenton will be addressing this again after the applications for the Assistant Director's position are received. Mr. Hutchinson said they had a human resource firm come in awhile back and they did not do a good job. Staff ended up completing their work. Mr. Hutchinson stated the CRA has good skilled position staff and the secretaries get worn out fast. He recommended it might be necessary to have an additional secretary. Chairperson Heavilin recommended having a receptionist plus a secretary. XlI. Legal Attorney Spillias reported the Board authorized Legal to prepare a contract for the funding and demolition for Boynton Terrace. He spoke with Quintus Greene, who would like to walk a contract through the City Commission meeting on April 5th. Mr. Greene asked Attorney Spillias if a final document would be ready that he could take to the City Commission. Attorney Spillias could have a final document ready for him to take to the City Commission, but after it is reviewed by the Commission, it would have to come back to the Board for approval. XlII. Other Items None XlV. Future Agenda Items Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension and Promenade (April) 8111 13 Meeting Minutes Continued Meeting of the Community Redevelopment Agency's March 17, 2005 Meeting Boynton Beach, Florida March 23, 2005 A. Consideration of Interlocal Agreement for the MLK Phase 1 Project (April) B. Consideration of Interlocal Agreement for the Events and Festivals (April) D. Consideration of Addition of Two Police Officers and One Patrol Car (April) Mr. Hutchinson reported that the Arts Commission wants to hold a workshop with the CRA and staff will be contacting members for a date for this purpose. Chairperson Heavilin would like to have a workshop on the design guidelines before the workshop with the Arts Commission. XlV. Future Project Preview A. Gulfstream Lumberyard Site Plan Proposal XV. Adjournment There being no further business, the meeting properly adjourned at 8:15 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (March 28, 2005) 8112 14 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 17, 2005 AT 6:30 P.M Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Susan Vielhauer, Controller I. Call to Order Chairperson Heavilin called the meeting to order at 6:32 p.m. II. Roll Call The Recording Secretary called the roll and declared all members were present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Motion Vice Chair Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco and unanimously carried. IV. Consent Agenda A. Approval of Minutes - February 8, 2005 B. Financial Report Consideration of Increasing the Travel Mileage Reimbursement from $.29 per mile to $.405 per mile D. Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year Chairperson Heavilin pulled Item IV. D. from the Consent Agenda for discussion Consideration of Fa~:ade Grant Reimbursement Request for Colonial Condo Association 8113 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 F. Consideration of Fagade Grant Request for the Boynton Women's Club G. Consideration of Corporation Sponsorship for the NAACP Mr. Fenton pulled Item IV.G. from the Consent Agenda for discussion. H. Consideration of Financial Advisor Work Order #4 Vice Chair Tillman pulled Item IV.H. from the Consent Agenda for discussion I. Consideration of Purchase of Parcel #130 Adams Property J. Consideration of a request for the City Commission for Eminent Domain Acquisition of Certain Properties in MLK Phase 1 Redevelopment Area Mr. Fenton pulled Item IV.J. from the Consent Agenda for discussion. K. Consideration of Change Work Order #9 for Burkhart Construction L. Consideration of Modified Procurement Policy M. Consideration of Modified Direct Incentive Program N. Consideration of Assistant Director Position and Advertising of Position O. Consideration of CRA RFP No. 2005-01 Retail Demand Analysis P. Blank R. Consideration of Underwriting the Demolition of Boynton Terrace Mr. Fenton pulled Item IV.R. from the Consent Agenda for discussion. Motion Vice Chair Tillman moved for approval of the Consent Agenda, as amended. Motion seconded by Mr. DeMarco and unanimously carried. VI. D. Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year Chairperson Heavilin requested Ms. Vielhauer respond to a question she had regarding this item. Susan Vielhauer, Controller, assumed the podium. Chairperson Heavilin questioned Item 14 dealing with car allowances and asked if the car allowance for the Assistant Director was included in this line item. Ms. Vielhauer stated that it has been included. 8114 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Motion Vice Chair Tillman move for approval of Item IV.D. Motion seconded by Ms. Vielhauer and unanimously carried. IV. G. Consideration of Corporation Sponsorship for the NAACP Mr. Fenton felt a contribution of $5,000 was a great deal of money and these types of sponsorships would open up a Pandora's box. Once the CRA begins to offer corporate sponsorships, requests will start pouring in. If the Board approved this request, how would it deal when other agencies request money? He recognized that the NAACP was a quality organization and was surprised that this item was placed on the Consent Agenda and not as an item for discussion. Mr. Fenton was not against this organization, but the CRA was not in the business of giving money to national organizations, regardless of who they are or what they are. Chairperson Heavilin inquired what benefits the CRA would receive if it became a corporate sponsor. Mr. Hutchinson stated this would be a one-time corporate contribution. Due to the work the CRA is doing in the minority communities, he felt it would be a good idea to support this organization similar to the support the CRA gives to the CDCs. Vice Chair Tillman did not equate this as pouring money into a national organization, but was for business reasons. Forty-three percent of the CRA is within a minority community. He felt it would be good business practice for the CRA to have an agency from the minority community along side to make sure the business the CRA does in this community is accepted. He also felt that the NAACP would provide the CRA knowledge and insight to what the stakeholders are looking for and would create a worthwhile partnership between the CRA and the NAACP. Chairperson Heavilin inquired if the CRA could partner with the NAACP without being a corporate sponsor. Mr. Fenton pointed out the CRA is spending $2 million the HOB and questioned the need for a corporate sponsorship with this agency. He felt it was not possible for the CRA to give money to every agency that requests funding. Ms. Horenburger pointed out the request was for the South County NAACP, which covers a specific area and is not for the national organization. She inquired what the City Commission's policy was regarding contributions. Vice Chair Tillman was not familiar with City policy, but felt that the CRA should have its own rules to go by. The CRA has memberships in order to receive certain publications that benefit the CRA members. Vice Chair Tillman stressed that the CRA needed to be open to all segments in the community, not just the 43%. This was not a church and state issue, but was something the CRA should do to show its support for that segment of the community. 8115 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Mr. Fenton inquired how the item appeared on the Consent Agenda. Mr. Hutchinson stated he put it on himself. Ms. Horenburger felt it was important to send a message of commitment to the community and recommended approval of the Gold Life Sponsorship at this time. At a future date, they could reassess this to determine if they wanted to become a corporate sponsor. Chairperson Heavilin inquired what these memberships entailed. Mr. Hutchinson explained what was included in the agenda packet was the only information he received. He completed the application that he thought was the right one for the CRA. If the Board wanted to do something different, he felt this was doable. He reported he has had very productive meetings with the NAACP and he brought this to the Board for consideration. The reason the item was put on consent was due to the fact that staff had been previously asked to put as many items on consent as possible, since an item could always be pulled for discussion. Ms. Horenburger inquired if the contribution could be done one time or annually. Mr. Hutchinson felt they would be flexible on this. Chairperson Heavilin felt that more information would be helpful in making a decision. Mr. Hutchinson There was no urgency to the contribution and recommended tabling the item to the next meeting. Ms. Horenburger recommended when they make their presentation they should inform the Board how they differ in their structure, vision and purpose from other non-profit agencies that might seek contributions from the CRA. Mr. Myott also recommended that Mr. Hutchinson determine if the NAACP has worked with other CRAs in other communities. Mr. DeMarco would like to know how the money would be used in order to make a decision. Attorney Spillias stated when the item comes back to the Board, the only appropriate expenditure of public funds is for a public purpose. Therefore, it should be made clear what the public purpose would be. Motion Vice Chair Titlman moved to table to the next meeting. Motion seconded by Mr. DeMarco. Mr. Hutchinson will work with Legal staff to prepare the appropriate motion. Vote Motion carried 7-0. 8116 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 IV.H. Consideration of Financial Advisor Work Order #4 Vice Chair Tillman asked for some background on what this item. Mr. Hutchinson responded when staff looked at concepts in putting together additional downtown projects, such as parking garages and the Ocean One project, the first discussions dealt with how to get a parking garage for public parking. It appears that they will not have to go out for bonding to accomplish this and he feels the direct incentive project could provide what is needed. This item is to make sure that the CRA bond covenants do not impede or affect this process. Mr. Hutchinson did not think that a great deal of money would be needed to accomplish this, nor would a great deal of financial services be necessary. However, this item will keep Ms. Turner in the loop so she would be available to answer any questions that may arise. Chairperson Heavilin inquired if the Board needed to act on this item. Mr. Hutchinson stated that this could wait. The item requested approval of a work order and if the Board approved it, expenses would then be incurred. The expenses would only be incurred if work was done under the work order. Ms. Horenburger noted that legal counsel does not sign off on work orders and she would like to have legal counsel sign off on all contracts before they are brought to the Board for consideration. Mr. Hutchinson responded that legal counsel is provided with every legal contract. Ms. Horenburger requested a place be provided on every contract for legal counsel to sign off on. Motion Vice Chair Tillman moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. IV.J. Consideration of a request for the City Commission for Eminent Domain Acquisition of Certain Properties in MLK Phase 1 Redevelopment Area Mr. Fenton had several questions regarding this item. He noted that one of the attorneys wanted to have a meeting on February 18th regarding parcels Nos. 104 and 106. Members have not received any information on whether the meeting actually took place and what were the results of the meeting. He asked to be updated on this. Chairperson Heavilin noted additional time had been requested for other parcels, but there were no set timeframes. She requested that the Urban Group provide an update. Barry Lazarus, from the Urban Group, together with Barbara Matlack, assumed the podium. With regard to parcels Nos. 104, 106 and 115 owned by Marwan Ghali, Ms. Matlack reported that the meeting did take place. The owner wants to negotiate with the CRA and she feels they are close on parcels 104 and 106; however, they want a second 8117 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 appraisal for parcel #115, which is the Food Mart that supports two of their families. They would like to keep the business going as long as possible and participate in the new development. She felt if the CRA could work with them, parcels 104 and 106 could be settled, but #115 is another issue. Mr. Hutchinson reported that negotiations do not stop and asked Mr. Spillias to respond. Mr. Spillias reported that the eminent domain process requires that an offer be made prior to filing of the action. The CRA must ask the City to pass a resolution of taking of the parcels for the public need and the CRA wanted to begin the eminent domain process for this purpose. The owner of the property must obtain an appraisal; the CRA would obtain an appraisal; and the City would then make an offer. If the offer is not accepted, the eminent domain process could proceed. While this process is going on, there could be continuing negotiations. Mr. Spillias noted it would be beneficial to proceed with the filing of the petition of eminent domain because if a price cannot be negotiated, the ultimate value of the property that the CRA would have to pay is set as of the time of the filing of the complaint. Therefore, the longer the CRA goes without filing the complaint, the property would continue to appreciate and the more money the CRA would end up paying for it. Mr. Fenton noted one property owner is seeking $300,000 for his property and was offered $200,000. Mr. Fenton inquired what this property was and pointed out there were no descriptions of the properties included in the agenda backup. He felt it was important that property descriptions be included. Mr. Hutchinson responded that this information had been previously furnished, but if Mr. Fenton would like another copy of the property descriptions, he would be glad to furnish them. Mr. Fenton would like information on this particular property. He was informed it was a two-story duplex with two bedrooms and one bath on each floor and is an unwilling seller. Originally he asked for $270,000, and now the price has gone up. With regard to parcel #105, Mr. Fenton is familiar with the owner's name and recalled her speaking at a CRA meeting. She indicated that she was unwilling to sell her property. Mr. Fenton inquired what parcel #105 was. Mr. Lazarus stated it is a vacant lot. Mr. Fenton inquired if there are any individual homeowners residing in their homes that do not want to sell. Mr. Lazarus stated there was none in this category. Mr. Fenton was opposed to using the eminent domain process for homesteaded properties. Mr. Hutchinson noted staff had received this direction over a year ago and he feels with approval of Ms. Adams' home, they would have taken care of all single- family homesteaded properties. Mr. Fenton inquired if parcels 104, 106 and 115 should be pulled from the blanket order. Ms. Matlack stated they are continuing to negotiate with the property owners and 8118 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 recommended moving forward. She is doing her best to get these property owners under contract. Mr. Hutchinson pointed out that six parcels are being self-assembled and want to redevelop and they need to move forward to start redevelopment. Motion Ms. Horenburger moved for approval of the resolution. Motion seconded by Vice Chair Tillman. Attorney Spillias will draft a request to the City. The City would then enact a proposed resolution that would be signed by the Mayor. Mr. Hutchinson reported that legal counsel had already drafted the resolution in order to expedite it. Vote Motion carried 7-0. R. Consideration of Underwriting the Demolition of Boynton Terrace Mr. Fenton had some legal questions regarding this item and noted the funds for the demolition are not included in the budget. Mr. Fenton asked if the CRA was legally obligated to do this and would the CRA become tied into the property considering all the lawsuits against this property. Also, he inquired what the ramifications would be to the CRA at a cost of $350,000 to raze the buildings. Attorney Spillias responded there is no legal obligation to raze the buildings and the issue is whether the CRA has the authority to it. The City has made a determination that the buildings are unsafe and under City codes, is subject to demolition. Therefore, a public entity can go in and perform the demolition and then charge the property owner the costs for the demolition. It is the property owner's responsibility to maintain the property in an unblighted and safe condition. The issue for the CRA is whether it is appropriate to spend the money for this purpose. Attorney Spillias noted the property is located within the CRA and the expenditure would be furthering a public purpose, since the CRA is charged with the redevelopment of blighted areas. Therefore, the CRA is authorized to demolish the buildings, but is not obligated to do so. However, the City has requested that the CRA follow through on this and to pay the costs that is a policy decision. Mr. Fenton inquired who the ultimate owner of the property was. Attorney Spillias responded it would depend upon whether the property was foreclosed upon and who did the foreclosure. If the CRA expended the funds to demolish the property, presumably the CRA would have a lien on the property. Mr. Fenton inquired if this was a HUD property. 8] ]P Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Quintus Greene, Development Director, responded the property is owned by a real estate investment trust located in Beverly Hills, California called Boynton Associates. The trustee is the Bank of New York and there are bondholders represented by an organization in New Jersey. Therefore, who ultimately would own the property, Mr. Greene did not know. With the assistance of the CRA, demolishing the buildings would alleviate having 16 unsafe buildings in the middle of the HOB. Prior to the hurricanes, the City has been working with the developer to rehabilitate the buildings. However, after the hurricanes and after the City inspected the properties, it was discovered that there was a great more damage than what was caused by the hurricanes. He noted the buildings were deteriorating and, therefore, staff felt it was incumbent upon the City to retain the services of outside engineering and environmental consultants to examine the buildings thoroughly. This was done over a 60 to 90 days period, after which a report was presented to the City and after the report was presented, the Building Official determined that the buildings were unsafe. Mr. Greene pointed out that during the past 60 days residents were being relocated from Boynton Terrace and the City has spent over $35,000 for this purpose and he anticipates that more bills will be forthcoming. He was pleased to report that all residents have been relocated and are now residing in a safe housing situation. He felt that the City has gone above and beyond the City's responsibilities. Since the property owner was receiving HUD funds, they should have handled the relocation of the residents. Now that the residents have been relocated, the City wants to move forward with demolition of the property within the next month or so. It is anticipated that a field will be put in its place for the time being until the ownership issues are sorted out. Mr. Fenton inquired if the property owners received any insurance money. Mr. Greene was not aware of this. Mr. Fenton asked how much money the City has invested in this project. Mr. Greene responded over $35,000 has been spent in relocation expenses. There are still bills that have not been received from the moving companies. The City is spending $2,000 to house one family who has a paraplegic member, for a month. Mr. Fenton inquired where the CRA would come up with the $350,000 for the demolition costs and asked why the City did not pay this cost as well. Mr. Hutchinson noted this was discussed at the CRA workshop and the money would come from realigning and phasing of some projects. Mr. Hutchinson noted there has been a savings with self- assembly of properties of almost $1 million for the six properties. Mr. Fenton was willing to move that the CRA pay $175,000 of the costs. Ms. Horenburger inquired if the contract was being let by the CRA or is the CRA giving the money to the City for this purpose. Mr. Greene stated that the City is requesting the funding from the CRA and the City would be letting the demolition contract. In addition 8120 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 to paying the relocation costs, the City also paid for the engineering and environmental studies that were another $50,000. Ms. Horenburger inquired how the Palm Beach County Housing Partnership was involved in this. Mr. Greene explained that the Palm Beach County Housing Partnership was the agent for the owners of the project. When the structures are demolished, this will create an eight-acre developable parcel in the HOB. Ms. Horenburger also inquired how the demolition would affect the bondholders and Mr. Greene did not know on this point. Mr. Myott inquired if the City would place a lien on the owner of the property to recover the City's costs. Mr. Greene thought the City already had in excess of $200,000 in liens against the property. Mr. Myott asked Mr. Greene if he had a dollar figure for the value of the land and Mr. Greene stated the bonds on the property were approximately $4 million. Mr. Barretta inquired why the City was asking the CRA to pay these costs and Mr. Greene stated the City did not have the funds for the demolition. They used CDBG funds for the relocation costs and had to ask HUD for permission to use the money for this purpose. The City never received a formal response from HUD and went ahead and relocated the people. Mr. Barretta inquired if the CRA funded the demolition it would have a lien on the property and Mr. Greene stated this was correct. Chairperson Heavilin inquired who would convert the land to a grassy field and Mr. Greene stated the City would take care of this. Chairperson Heavilin noted that the costs included an asbestos survey and abatement. If there was no . asbestos found, would this reduce the costs of demolition. Scott Blasie, Code Compliance Administrator, explained that the Code Enforcement Fine Account is empty because his Department paid for the consulting and inspection fees. The asbestos report was received today and there is a minimal amount of asbestos in the floor tiles, which means it would be a "wet" demolition. The report was hand delivered to the County's Health Department today because they have the final sign off. Mr. Blasie felt that razing the building would be a big improvement to the community. Ms. Horenburger requested that legal counsel determine if there was a way to hold the CRA harmless as a result of demolishing the buildings. Mr. Spillias responded that the City has indicated it would be doing the demolition, but wanted the CRA to pay for it, he would recommend that the CRA enter into an Interlocal Agreement with the City that would include an indemnification clause, whereby the City would indemnify the CRA that could result from the demolition of the property. They could request that the CRA's lien come before the City's lien. Mr. Fenton felt that the CRA would never get its money back and questioned why the CRA should be good Samaritans for the City that is much bigger than the CRA. Mr. 8121 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Greene explained currently there are 16 dilapidated buildings sitting on eight acres of land. Once the buildings are demolished, this would provide an eight-acre developable parcel in the HOB less than one-half mile north of City Hall and less than another half- mile west of Federal Highway. When this property is developed, the tax increment from this redevelopment would pay the $350,000 many times over. Chairperson Heavilin confirmed that this is why the CRA exists that is to take care of conditions like this. Motion Ms. Horenburger moved to provide funds to the City of Boynton Beach for the demolition of Boynton Terrace, subject to a legal agreement between this Board and the City that would hold this Board harmless in the event of complications relating to the bonds and other matters as they would apply to the various owners and agents of this property insuring that this Board would not have any other exposure other than the $350,000. Motion seconded by Vice Chair Tillman. Mr. Barretta asked the maker of the motion to consider amending her motion to include language that it be stated in the Interlocal Agreement that the CRA's lien would precede the City's lien. Ms. Horenburger agreed to amend her motion to include this language and Vice Chair Tillman seconded the amended motion. The motion carried 6-1 (Mr. Fenton dissenting). Consideration of Facade Grant Reimbursement Request for Colonial Condo Association Chairperson Heavilin asked Ms. Cathy Appleton of Colonial Center Condominium Association to come to the podium to receive their facade grant reimbursement check. Chairperson Heavilin welcomed Commissioner Mike Ferguson. V. Public Audience Bob Katz, 306 SE 1st Avenue, Boynton Beach, has indicated a willingness to sell his properties, but the process has been very difficult and goes back to December 2002 when specific properties were identified to be purchased. He referred to a letter he received dated February 7, 2003 advising him that his property were identified to be targeted in phase 1 and within the next 12 months some kind of action would be taken. He pointed out that business owners are reluctant to improve their property knowing or not knowing that at some point their property would be bought out. Also, if the property is leased, they are unable to raise the rents because of the fear of losing this source of income. He would like these issues addressed. He furnished the Urban Group copies of invoices and costs on his property and then received an offer below his costs. He would like to work with the parties to get this resolved, but it has been very difficult in getting something accomplished. 8122 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Mr. Fenton noted that Mr. Katz is not included on the list of properties for eminent domain. Mr. Katz responded that it is and the property is held by a trustee, Keith Kern and consists of four properties. Vice Chair Tillman pointed out that this was an agenda item that had been previously addressed and the Board is not supposed to comment under Public Audience. Since no one else wished to speak, the public audience was closed. VI. Public Hearing Mr. Hutchinson requested that the Barr property items be considered as a group that would include the consideration of Direct Incentive Program. Motion Ms. Horenburger moved to reorder the agenda that would include the Direct Incentive Program and Site Plan. Motion seconded by Mr. DeMarco and unanimously carried. Attorney Spillias requested a motion to remove the items from the table. Motion Vice Chair Tillman moved to remove the items from the table. Motion seconded by Mr. Horenburger. Mr. Myott recused himself from consideration of the Barr property items. He noted that there have been suggestions made regarding his voting on other items on the agenda. Mr. Myott has served on City Boards for over eight years and never had to recuse himself from any item other than those items that he was directly subject to financial gains and requested that he be permitted to only recuse himself from the Barr property items. Chairperson Heavilin called for a vote on the motion on the floor. Attorney Spillias stated that Mr. Myott could vote on removing the items from the table. Vote The motion carried 7-0. Attorney Spillias reported on conflict of interest issues as they pertain to CRAs and noted there is an exemption in the CRA statutes. Even though CRA Boards are subject to Chapter 112 of the Florida Statutes, Conflict of Interest and Ethics Requirements for Public Officials, including local officials, CRA are specifically exempted from the Conflict of Interest requirement to recuse oneself, even when there is personal gain from public 8123 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 vote. The conflict must still be declared and the Memorandum of Conflict must be field; however, Mr. Myott is required to vote on issues even if they inure to one's private gain. Attorney Spillias asked Mr. Myott for further clarification as to whether or not he participated at all in the preparation or assisted with the preparation in any way of the plans for this project. Mr. Myott responded that he did not assist in any way with the project. Attorney Spillias stated there is a "poison pill" conflict of interest situation when someone's employment or has an agency contract with an interest that is regulated by this Board or is to appear before the Board. If any Board members sought to represent a client in front of this Board or assisted in the preparation of the presentation to this Board, this is not allowed. In this case, the client would not retain the services of your firm or you resign from the Board. There is no middle ground and recusing oneself is not allowed. He felt that Mr. Myott could go forward tonight, on counsel's advice and running the risk if there is an ethic's violation, it is Mr. Myott's ethics violation. He will have this clarified by the next meeting whether it is Mr. Myott's firm is representing the client before the Board and you have completely removed yourself from any involvement, whether that still holds true. It is not the relationship with the client in other matters and you would be permitted to represent the client in other matters in other cities. This would not be considered a conflict. Therefore, Attorney Spillias recommended that Mr. Myott step down from this item and vote on the remainder of the items on the agenda tonight. He will have this clarified for the future. Mr. Myott agreed to this procedure and would not be discussing or voting on any of the Barr items. Mr. Myott was furnished with Form 8B (Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers). Attorney Spillias administered the oath to all persons who would be testifying. Old Business A. Land Use Plan AmendmentJRezoning (Tabled to March 17, 2005) 1. Project: Agent: Owner: Location: Description: Barr Property (LUAR 04-009) - (Tabled to March 17, 2005) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request to amend Future Land Use Residential to Residential; and the Comprehensive Plan Map for High Density Special High Density 8124 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) Proposed use: Townhouse community of 180 units Dick Hudson, Senior Planner, presented the Future Land Use Amendment and Rezoning items on behalf of staff. The property is comprised of 9.88 acres and the location of the property was displayed on the screen. The proposed use of the property would be for 180 condominium units. Staff is recommending approval of the requested Land Use Amendment and Rezoning for three reasons as follows: (1) The request is consistent is consistent with the relevant policies in the Comprehensive Plan and the adopted "Federal Highway Corridor Community Redevelopment Plan." (2) The redevelopment of the property is desirable; the proposed rezoning maintains the residential character of the area and will provide an aesthetically pleasing living environment in proximity to the downtown. (3) The proposed development meets the standards expected when the Planned Unit Development is requested in the Special High Density Residential land use category. B. New Site Plan 2. Project: Barr Property (NWSP 04-013 (Tabled to March 17, 2005 (Addressed out of order) Agent: Owner: Location: Description: John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request new site plan approval for a 180-unit townhome development on a 9.88 acre parcel in a proposed PUD zoning district Eric Johnson, Planner, presented the item on behalf of staff. Currently the property is developed with 110 mobile homes with parking areas, 94 mobile homes of which are licensed by the City's Occupational Licensing Division. The proposed density of the new project would consist of 18 dua and the entire project would be built in one phase. Staff reviewed the project for traffic, utility, fire, police, drainage and school concurrency and has determined that the project complies with all concurrency requirements. There will be one point of ingress and egress that was displayed on the overhead screen. There will also be one point of ingress and egress for emergency vehicles only. The dwelling units required two parking spaces per unit and the pool area requires five 8125 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 parking spaces. Therefore, the project requires a total of 365 parking spaces and the site plan proposes 398 parking spaces for an excess of 33 parking spaces. The landscape buffer along NE 4th Street would be 40' in width and the rear landscape buffer along the railroad tracks would be 20' in width. The buffer along the sides would vary between 31/2' to 20'. When property is rezoned to PUD, staff must insure that the development would be compatible with surrounding developments and staff has determined that the proposed project would be adequate in terms of the proposed setbacks. Each building would vary in dwelling units, ranging from 8 to 14 units. The sizes of the units would vary from 1,356 square foot to 1,879 square feet. The units would be three stories tall and Mr. Johnson presented a drawing of the project. The garages would be in the rear of each unit with a privacy wall. A monument sign would be located at the point of ingress/egress. Staff is recommending approval of the project, subject to the 36 conditions of approval as contained in Exhibit C. Chairperson Heavilin noted that the background information the Board has is dated November 3, 2004 and inquired if there have been any changes since that date. Mr. Johnson responded that both the traffic and school concurrency requirements have been updated. Attorney Spillias requested that the members of the Board declare any ex-parte communications any member may have had with either the applicant or anyone else regarding the project. Attorney Spillias also requested that members stated they could make their decision based upon the information presented tonight. Mr. Fenton reported that he spoke with Mr. Weiner and Lenny Wolf. Mr. DeMarco spoke with Mr. Weiner. Chairperson Heavitin spoke with Mr. Weiner and Mr. Wolfe and attended a homeowner's association meeting several months ago. Vice Chair Tillman spoke with Mr. Wolf and Mr. Weiner at Mr. Weiner's office. Ms. Horenburger spoke with Mr. Wolfe and Mr. Weiner. She also spoke with a resident of the mobile home park. Mr. Barretta spoke with Mr. Weiner and Mr. Wolf. Attorney Weiner requested that the Board vote on the two Land Use items and then move to the Direct Incentive item. The Board agreed to address the items in this order. Michael Weiner, was present on behalf of Cornerstone Development, for the property located at 1801 NE 4th Street. He pointed out that the project would be located west of Federal Highway and the railroad tracks, on the north side of town. He felt that this was a great area for a project of this type. Mr. Weiner introduced all the parties that were present and who were involved in bringing this project to the City. They would be available to answer any questions. Attorney Weiner presented photographs of the 8126 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 property to the members, along with a PowerPoint presentation of how the property would look when it was developed. The project would be built in one phase and would include two and three bedroom townhouses and villas. There would be a large clubhouse with a great deal of amenities, including a park. The developer, as a condition of approval, would be beautifying the remainder of NE 4th Avenue. As a result NE 4th Avenue would become a beautiful residential street. The property is currently a mobile home park and many of the trailers do not meet the current hurricane standards. Since the property is less than 10 acres, it is, therefore, considered a small-scale amendment. The staff report supports the Future Land Use Change and Rezoning of the property. Attorney Weiner read into the record the applicable policies pertaining to the Comprehensive Plan that support the rezoning and comprehensive plan changes. Attorney Weiner pointed out that because the current use is an aging mobile home park, this property is geared for redevelopment. Many of the trailers were manufactured before 1992 and this type of housing needs to be replaced. He pointed out that they have met all concurrency requirements, which was confirmed by staff. Attorney Weiner noted that this development would increase the property values of the homes in the area. Attorney Weiner reported in accordance with the City's Comprehensive Plan is 2010 and there are not many areas where this project could be done. Staff concurs that this location is the perfect for this project. An artist's rendering of the site plan and the surrounding area was presented. The entryways would create a boulevard effect and would eliminate the current five entryways. The monument signage and landscape plan were displayed. Attorney Weiner pointed out that there are over 5,000 individual plants and 500 trees included in the project. He pointed out that the applicant far exceeded the landscaping requirements. Attorney Weiner also pointed out that the maximum height of the buildings is around 35' with an additional setback from NE 4th Street. Ms. Horenburger reported that some time ago she met with Anita Mitchell, who is a representative of Mr. Wolf. Chairperson Heavilin opened the public hearing. Frank Hunt, lF Street, Boynton Mobile Village Park, did not like the way the property was described and pointed out that this was his home to which he retired. He felt that the developers were buying everything up and kicking people out. He was offered a place in Lake Worth to move to, but he wanted to stay in Boynton Beach. Harriet Weinstein, 342 Boynton Bay Circle, Boynton Beach, lives across the street from the mobile home park. The apartments that she resides in are Iow to middle 8127 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 income apartments She pointed out the assurances that the and she did not want to see people being put out into the streets. neighborhood is run down and needs improvement, but would like residents being displaced are provided a place to live. Ray D. Young, 3F home park. He has and they informed residents and they Street, was originally opposed to the development of the mobile since had many meetings with the people involved with the project him that they would be bending over backward to work with the have. He also spoke with Dave Zimet of the Boynton Beach CDC about purchasing a home and stated that Mr. Zimet was an asset to the community. He has since purchased a mobile home in another park and was pleased the way he was treated. Jim Roth, a resident of Boynton Mobile Village, has heard threats and intimidation that if he did not move in a timely manner the money being offered to people now would not be guaranteed. Mr. Roth inquired if the project is approved would the money still be available to the residents. He is looking to purchase a home and is concerned about using his own money for this purpose and needs the money promised to help with the down payment for a new home. He requested he be provided something in writing and was told that they would not give him anything in writing. Betty Hopkins, 8C Street, Boynton Mobile Village has lived there for seven years. She felt that the manager and Mr. Peterson have been very helpful in assisting her with relocating and appreciated their assistance. Barbara Petrie, 3C Street, Boynton Mobile Village, purchased a mobile home in the village approximately 21/2 years ago. She pointed out that the manager has been very helpful with assisting her in locating a place to live. She was very thankful for the help they provided. Nina Watson, 8D Street, Boynton Mobile Village, were originally going to move their mobile home at a cost of $3,000 and the developer would be giving her $6,000 to move. The cost of moving increased over $1,000. She pointed out that she was not allowed to find her own mover to move their trailer. The developer said that they would keep the money, but would pay for the move and if there were any funds leftover, she would receive it. She noted that in order to move their mobile home, they had to find a place to stay and they had intended to use this money for that purpose. The Mobile Village did provide them with a travel trailer to stay in and after they gave $75 for an application to move to another mobile home park, they still have not had their house moved. As a result, they requested the money, but there is nothing in writing and she said that a lot of threats have been made that they would not receive the money. If they do not receive this money, they will be out in the street. Ms. Watson requested the return of her $75 and her $6,000. Also, she has a problem with the title to her property, because the title is for the mobile home behind her mobile home and they were given the wrong title. She noted they do not have a title to a home that they have paid off and 8128 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 they have to sign over their title in order to receive their money. Ms. Watson would like to know what would happen to her if the project goes through tonight. David Fine, is a former resident at 2G Street in Boynton Mobile Village, but now lives in Delray Beach. He pointed out that the move went well and felt that he was well taken care of by the people of Cornerstone. He pointed out he received $6,000 for relocating. He noted that many residents have a much higher investment in the property and would not be fully compensated. Mr. Hudson pointed out that the CRA Board does not make the final decision for the projects. The Board makes a recommendation to the City Commission at their next meeting and there will be another public hearing. The person residing in the Boynton Mobile Village at 8F Street stated his home could not be moved, but representatives of Cornerstone told him that they would get him another one and are in the process of doing so. He was pleased with the way he was being treated. Hazel Forbes, previously lived 1G Street, has moved into an apartment with the assistance of Mr. Wolf. She was provided with three free months rent in addition to the $6,000. Ms. Forbes thanked Mr. Wolf and his manager. Jose Soto, 4D Street, Boynton Mobile Village, said that some residents felt they were being discriminated against. He would like to have something in writing and said that some people are not being treated equitably. Wilson Lazera, 1C Street, stated that many of the problems people are having are not with the management of the park, but with the movers who are supposed to move the trailers. Because permits are involved, this takes time. He urged people to have patience with the process. Doug Peterson, General Manager of Casa De Monte Mobile Home Park, reported they have absorbed many of the mobile homes from Boynton Mobile Village and was glad to have them. He explained that it takes six to eight weeks to go through the permit process. Three are still some permits pending, but anticipates that things would be moving forward. Since no one else wished to speak, the public hearing was closed. Attorney Weiner reported that they have spent $186,000 to assist with relocating the residents of the Mobile Park not knowing if they would be approved for the Direct Incentive Program. He acknowledged that some residents are still having problems and he emphasized with these people, but this was not the fault of the applicant. He equated this to the rules and regulations required in moving mobile homes and straightening out ownership problems. They have people trying to straighten out these problems that involved110 trailers. 8129 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 With regard to the remarks that people wanted something in writing, Attorney Weiner noted that the residents were provided a written list of options a long time ago when Cornerstone first took possession of the park. There has been a fulltime person from Cornerstone at the park answering questions. When a person selected an option, they would have received a check or began the process of moving your mobile home. Problems have arisen because some people have been unable to make a selection. Attorney Weiner stated no one is having their home padlocked and being asked to leave. Even though people have not paid their rent, they have not been asked to leave. Mr. Barretta stated he had no problem with the rezoning or land use amendment, but he has a problem with the site plan. He did not think the Board should be asked to approve a project that has 36 conditions of approval. This Board, through its Director, has asked to meet with City staff to discuss the manner in which conditions are attached to projects and were told that this meeting would not take place. If the Board had any problems, they should simply table the projects and send them back to staff. Therefore, he is prepared to make a motion to table the site plan. He did not think that the Board should approve a site plan that would change after the Board approves it. Mr. Fenton asked the applicant if they agreed with staff conditions of approval. Attorney Weiner responded they agreed with all staff conditions. Mr. Weiner felt that 36 conditions of approval for a 9.8-acre project is minimal. Chairperson Heavilin noted that there are times when they have asked an applicant to readdress some of the conditions of approval, but she did not want to start tabling projects just because they come with conditions of approval. Mr. Barretta felt that they should table everything until the City staff is willing to meet with them to discuss this issue. Chairperson Heavilin felt this would be unfair to the development community. Ms. Horenburger inquired if any conditions of approval modify the site plan. Attorney Weiner noted that staff reviews the site plan before it comes before the Board and then again when the applicant applies for a building permit. None of the conditions of approval have any kind of substantial difference in the plan itself. Ms. Horenburger asked if staff agreed with Mr. Weiner's assessment of the conditions of approval. Mr. Johnson responded that the conditions are reasonable. Mr. Hutchinson reported he asked Quintus Green, the Development Director, if he could have a meeting with staff and the CRA Board, which would have to be a posted meeting and the process would be to re-score the projects and have the applicants resubmit site plan information. Mr. Hutchinson was informed that there was not enough time for this meeting to take place. Mr. DeMarco asked Mr. Weiner if they could assist the few people that needed help with relocating. Attorney Weiner stated Mr. Wolf would discuss this when the Direct Incentive 8130 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Program is addressed. He pointed out that they are going beyond what the State requires to assist these people. Motion Ms. Horenburger moved to approve the proposed Land Use Change for property located at 1801 NE 4th Street to Special High Density Resident at 20 units per acre. Motion seconded by Mr. DeMarco and carried 6-0 (Mr. Myott abstaining). Motion Ms. Horenburger moved to change the zoning to PUD at 1801 NE 4th Street. Motion seconded by Vice Chair Tillman and carried 6-0 (Mr. Myott abstaining). Motion Ms. Horenburger moved to approve the site plan subject to all 36 staff conditions. Motion seconded by Vice Chair Tillman. The motion carried 5-1 (Mr. Barretta dissenting and Mr. Myott abstaining). VII. Old Business A. Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project (Tabled to March 17, 2005) (Addressed Out of Order) Ms. Horenburger asked about the $186,000 that has been spent. Attorney Weiner had a breakdown of these costs. Mr. Hutchinson reported that the CRA wanted to make sure that the citizens received a fair deal with this project going forward which was over and above what the developer had put in place. He pointed out that this was a good project and they developer is offering residents of the trailer park that want to buy into the project are being offered $48,000 in discounts per unit. The entire 180 units fit within workforce housing, which is a good project for the City. Staff has scored the project over 100 points. Mr. Hutchinson's calculations are included in the agenda packet. His biggest exclusion from scoring was the $165,000 to reimburse the State of Florida fund for trailer park relocation. He felt that this was part of doing business and was an obligation on the part of the developer. Mr. Hutchinson anticipated that the incentive would be paid off in approximately five years in dollar-certain return. Mr. Hutchinson pointed out that the applicant has gone above and beyond with landscaping the project and he pointed out that the developer has offered the clubhouse as a meeting area for property owner associates and local groups. The total increment is approximately $195,000 and is performance based. If it went for ten years it would come to approximately $1.9 million and staff is recommending $1 million. 8131 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Michael Weiner addressed the Direct Incentive Program. Attorney Weiner noted the scoring of the project was excellent was at least 120 points and it could be even more. Mr. Weiner noted that the CRA has given away over $4 million to other projects in the CRA area based upon the fact that these projects scored well. Some of the incentive money will be used to help the mobile home park residents. He pointed out that the incentive they have been approved for is less than other approved projects. Mr. Lenny Wolf of the Cornerstone Group, 2121 Ponce Deleon Boulevard, Coral Gables, Florida, assumed the podium and thanked the CRA for the scoring of their Direct Incentive Award. Mr. Wolf wished to address the needs of the residents of the mobile home park. The first meeting with the residents did not go well and they went back to the drawing board with the assistance of David Zimet who identified the needs of various people. They cannot address every single person's need and they have come up with a plan to accommodate the needs of as many people as possible. One alternative was to provide residents $6,000 for their trailer, whether they kept the trailer or not. A second alternative was an $8,000 reduction in the purchase price of a townhouse, which is already being offered at a reduced price. $200 discounts were given to residents for their mortgage or rental payment for a period of five years. This amounts to a $12,000 benefit. Residents of the trailer parks were also offered the $8,000 discount to residents that wanted to move to another project they are building in Riviera Beach called Marsh Harbour. This project consists of 402 units on 40 acres with a large clubhouse with many amenities. They held a housing fair and Mr. Zimet presented the housing opportunities in Boynton Beach, together with a mortgage broker and realtors. For the past three months, Mr. Wolf personally has been dealing with the mobile home park residents. They have had a fulltime person on the premises to assist the residents. Mr. Wolf stated that they will accommodate all the residents and will try to give everyone what they want. He pointed out that they gave away seven trailers to tenants that did not own trailers because these people needed them. They have asked for nothing in return and have help moved them if the tenant wanted them moved. They have worked disabled residents and have given free rent to residents and have bought groceries because the person ran out of money because this was the right thing to do. As to the amount of money they have expended, they have spent $185,000 that included a moving bill of $32,000 and they anticipate that they would continue to spend money for this purpose. They did this without any CRA incentives. 8132 2O Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Some people mentioned there was nothing in writing, but there was something in writing. Residents were provided a list of incentives and if someone needed the check before they moved, they would be given the check. Mr. Wolf noted there was a question on whether they should be reimbursed for the money the put into the State Relocation Fund. He felt that they should be reimbursed for these funds and his understanding of the Direct Incentive Program is an incentive to developers to redevelop property in certain areas. Mr. Wolf felt that they should receive the $165,000 that they are required to pay into the relocation fund plus the $45,000 for demolition of the trailers. He pointed out that they are going into a "tough" area and will be doing a nice project. Mr. Weiner referred to Mr. Hutchinson's figures contained on page 7978 in the agenda packet. He noted that they are already up to $185,000 for relocation funds, not $126,000 as indicated in those figures. Attorney Weiner felt that the future relocation expenditures would remain at $323,920. Attorney Weiner referred to the unit discounts at $40,000 for a total of $280,000, which covers seven units. Mr. Hutchinson stated that this was the figure indicated to him. He noted that Mr. Hutchinson's report included additional units with deed restrictions and Attorney Weiner did not think it would be fair that they had to sell a greater number of units at a discount and only give them credit for seven units. They feel seven units are appropriate. Attorney Weiner also did not think that deed restrictions should be included because it would restrict the people who purchase the units when they go to sell them. Chairperson Heavilin asked for clarification of the seven units discussed by Attorney Weiner. Attorney Weiner explained that Cornerstone would be selling seven units to seven mobile park residents at a discount. Mr. Hutchinson's memo indicated that they would also be restricting an additional ten units. He felt that the City would better address this by ordinance dealing with Iow-income housing. These units are not Iow- income housing, but are moderately price. Mr. Hutchinson explained under the CRA Direct Incentive Program affordable access is required by mandate in the document itself. He pointed out that there are 16 units in the Promenade that are deed restricted. The CRA is asking for an additional 10 deed restricted units besides the seven already included. Mr. Hutchinson explained that the CRA is charged with providing affordable workforce housing for a 10-year period in the marketplace. These types of units flip fast and prices escalate quickly making them prohibitive for working families unless deed restrictions are in place. Mr. Hutchinson explained that the 10 units the CRA is requesting that would have deed restrictions would be sold at market rates. Chairperson Heavilin inquired what the benefit would be to purchase a deed restricted property. Mr. Hutchinson explained that it is important to have some of these units set aside. Mr. Hutchinson pointed out that deed-restricted properties have income 8133 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 qualifications and he wants assurances that Boynton Beach will offer affordable housing. Chairperson Heavilin asked what the benefits would be for the buyer at the initial sale. Mr. Hutchinson explained that the buyer would receive a 3% inflation limit and would receive an affordable unit. Mr. Hutchinson pointed out that they are only asking to have 10% of the units deed restricted which is 17 out of 180 units. Ms. Horenburger noted that the 3% inflation limit is not stated in the memorandum. Mr. Hutchinson stated that this would be part of the agreement between the parties. Attorney Spillias explained that deed-restricted units could only be sold to people within an income bracket that is 120% of median. If a person makes more money than they, they cannot purchase this unit. The intent is to keep those units available to those people who meet the median income requirements. He pointed out that the median does go up and therefore the deed restriction would apply. Attorney Weiner requested that deed-restricted units be limited to 10 units total. Attorney Weiner pointed out that the prices of the project are well below the median house price of $360,000 in Palm Beach County. He also felt that this would make things very complicated for people. Mr. Hutchinson pointed out that TCA mandates this. If steps are not taken to keep affordable housing, Boynton Beach will begin to lose its workforce housing. Attorney Weiner inquired if the Board would be amenable to five-year restrictions instead of 10 years. Mr. Barretta inquired how deed restricting ten units would hurt the developer. Attorney Weiner felt that the units should be saleable and they did not think there would be that much difference in the price of the units. If there were deed restrictions on some units, it would require disclosure. M. Wolf pointed out if there were deed restrictions placed on certain units, it would prevent the owners from making a profit when they sell their units. He would agree to a short-term deed restriction to prevent flipping of the property. He felt it would be unfair to those people who owned their property for ten years and then sold it and could only realize a 3% inflation rate profit. Mr. Hutchinson pointed out that in 10 years the CRA will be built out and it would be impossible to replace those units at affordable workforce prices. Mr. DeMarco pointed out that they have been discussing this for over an hour and he felt that it should be postponed if the Board cannot come to a decision regarding the restricted units. Chairperson Heavilin recommended scoring the project to determine the maximum award. Attorney Weiner stated they would agree to 10 units being deed restricted for 10 years. 8134 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Chairperson Heavilin noted that staff recommended 10 years and Mr. Barretta felt that 10% of the units at 10 years would be appropriate. With regard to the award, Chairperson Heavilin did not recall the incentive awards being tied into specific costs and expenses and this one is being presented. Mr. Hutchinson stated that the project was presented with needing incentives. It was a standalone project and when the developer made a presentation did not ask about incentives. He was instructed to add incentives in order to accommodate the residents of Boynton Beach with affordable housing. Originally, the developer did not apply for a direct incentive program application submitted until they had to deal with the residents of the mobile park. Mr. Hutchinson pointed out the project is unique, even though it is not in the HOB area, it is in a good neighborhood. Ms. Horenburger would be amenable to include the $165,000 expended by the developer in scoring the award. With regard to scoring the project, Mr. Hutchinson stated if the Board went with staff's scoring, anything above 100 would be eligible for the incentive program. The Board could agree with the figure recommended by staff, the $165,000, plus interest. Motion Ms. Horenburger moved for approval of staff's recommendation on points and in accordance with the figures contained on page 7983 of the agenda, with the following changes: the $126,030 for Relocation Funds be changed to $185,000; the State of Florida Reimbursement figure of $165,000 be included; and the transportation costs of $20,000 be changed to $32,000 for an incentive award of approximately $1,081,000. Mr. Fenton recommended that the award be rounded off to $1,100,000. Ms. Horenburger agreed to amend her motion to this amount. Mr. Hutchinson inquired if the motion also included staff's recommendation for reimbursement of the money at prime plus two over the term it takes for the developer to get their money back. Ms. Horenburger agreed to include this language in her motion. Mr. Barretta seconded the motion. Mr. Hutchinson inquired how many restricted units the Board was authorizing. Vice Chair Tillman stated that the motion should include staff's recommendation. Ms. Horenburger amended her motion to include staff's recommendation on the number of deed restricted units and term. Chairperson Heavilin commended the developer on the project. Vote The motion carried 6-0 (Mr. Myott abstaining). 8]35 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17,2005 Recess was declared at 9:45 p.m. The Meeting reconvened at 9:55 p.m. Eric Johnson, Planner, requested that the three items (land use amendment and rezoning, new site plan and height exception) for this project be heard together. Motion Vice Chair Tillman moved to remove the items from the table. Motion seconded by Ms. Horenburger and unanimously carried. Land Use Plan AmendmentYRezoning (Tabled to March 17, 2005) Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) (Tabled to March 17, 2005) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) Eric Johnson, Planner, presented the items on behalf of staff and displayed the location of the project on the location map. Staff reviewed the request for the land use and rezoning and is recommending approval based upon the fact the requested land use and rezoning is consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan. Policy 1.13.3 of the Comprehensive Plan states that the City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Master Plan and the policies contained in the Coastal Management Element. Staff reviews Land use amendmentJrezoning requests based on eight criteria and the applicant has adequately addressed the eight criteria. The project is located within the boundaries of the Federal Highway Corridor Study Area #4 that allows for mixed use land use designations and mixed use Iow zoning category. The reviewed the project to insure that adequate public facilities are in place to support the development and the project has been reviewed for traffic concurrency, utilities, police and fire service, drainage and school concurrency and the project will comply with all those components at the time of permitting. B. New Site Plan (Tabled to March 17, 2005) 8136 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Project: Agent: Owner: Location: Description: Boynton Beach Lofts (NWSP 05-008) (Tabled to March 17, 2005) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. MasciaJBoynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail and 13,354 square feet of office on a 1.21 acre parcel in a MU-L zoning district Mr. Johnson displayed the site plan on the screen and noted the project consisted of one building, comprised of two towers. There would be a five-stow tower on the west side, fronting on SE4th Street and a six-stow tower on the east side fronting Federal Highway. A two-stow parking garage would be in the center of the two towers. C. Height Exception (Tabled to March 17, 2005) 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (HTEX 05-001) (Tabled to March 17, 2005) (Moved up on the agenda) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78 feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. The MUL zoning district allows for a maximum height of 75'. The building complies with the height, but there is a portion of the building that exceeds the 75', which is an elevator tower. The building itself is less than 75', but the portion that exceeds the 75' is eligible for a height exception. The applicant is requesting a height exception of 3'2" and staff has found the request reasonable and is recommending approval of the height exception. 8137 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 The project will have two points of ingress and one point of egress. One ingress would be along Federal Highway and would be for entrance only. Egress would be only on SE 4th Street. The project will have 48 dwelling units that would be comprised of one and two bedroom units that require 85 parking spaces. The project will have 5,364 square feet of retail space on the bottom floor along Federal Highway and there will be 13,354 square feet of ground-floor office space fronting SE 4th Street. Under normal circumstances, 156 parking spaces would be required and the project would have a deficit of 37 spaces. However, in the mixed use-low zoning district, they can avail themselves of the Urban Land Institutes shared parking table methodology to determine how many parking spaces are required. Using this methodology, the project would require 116 parking spaces. The applicant will be providing 116 parking spaces, plus three additional ones. The project complies with the 20% pervious area. The applicant has proposed a large area of landscaping along Federal Highway and Mr. Johnson displayed the landscape plan. Staff is recommending that the previous area be decreased in order to create more of a gathering place that would provide more walking and meeting areas. Next displayed were the elevations of the project and photos were presented to the Board. Mr. Johnson reviewed the elevations and stated that the building did comply with MUL zoning district in terms of height. The building meets all the setback requirements and requested that the architect discuss the architecture of the building itself. Mr. Johnson pointed out that in the immediate area there is no "theme" and therefore compatibility is not an issue. There are 56 conditions of approval and Mr. Johnson stated the applicant agreed to all 56 conditions. There are no conditions of approval for the height exception and staff is recommending approval of the land use amendmentJrezoning. Mr. Johnson concluded that the project would provide an economic contribution to the neighborhood and the City. Bradley Miller, of Miller Land Planning Consultants, represented the applicant, Addison Properties of South Florida. Mr. Miller will address the three items simultaneously. Also present with Mr. Miller was Francesco Perez, the architect of the project along with James Seifert of Addition Properties. Mr. Miller reviewed the project as previously presented by staff. He explained that on top of the second story of the garage there would be a recreational area for the residents of the community. The recreational area would include a pool, cabana and landscaping that will provide a nice area for the residents of the residential units. Mr. Bradley reviewed the colors of the building. The need for the height exception is due to the elevator shaft and stairwells and is only need in one area of the project and only 2 8138 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 1/2 % of the entire roof area that would exceed the 75' height limit. This would provide access for fire to the roofline. Mr. Miller reviewed the architecture of the buildings and noted the project has been modified as a result of receiving input from staff and some of the Board members. Features that have been added to the elevations include a cornice at the top of the building, awnings above the balconies on the top floor of the building and some of the balconies have been opened up and they have used more railing. Additional widows have been introduced and the solid wall on the side of the building has been opened up to expose the stairwell for visual relief on that side. Similar features have been introduced on the Federal Highway side that Mr. Miller reviewed. They have opened up the project to make it more visual. Mr. Miller concurred with all 56 staff conditions and comments included in the staff reldort. He noted that a great majority of the comments relate to permit issues or required by another agency. Mr. Myott inquired why comment #56 was still in the staff report that reads, "staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building." Mr. Myott inquired if this comment should be removed from the comments. Mr. Johnson responded that the applicant has not formally resubmitted revised plans. Therefore, for the record, the plans being reviewed tonight reflect what the project is. What Mr. Miller has presented and what he has shown staff are some enhancements will satisfy the Board's demands. Mr. Johnson was of the opinion that what the applicant presented would satisfy condition #56, but he recommended that it remain in the conditions of approval until the plans are submitted to staff. Mr. Barretta did not think that the enhancements addressed comment #56 because comment #56 states that architectural elements should be added to all facades and this has not been presented for the two long facades where the garage is located. Mr. Barretta felt that comment #56 left the project open to a staff negotiated design that may or may not look like what was being presented tonight. Mr. Barretta noted that staff comment #55 states that aluminum framework inside the "window" openings of the parking garage in order to enhance their appearance be added. If the Board approves the project tonight, they will have no way to know what the parking garage would look like. Recommendation #54 recommends installing more brick pavers in the front to increate the size of the pedestrian/public gathering space, which means the site plan would change. Mr. Barretta was opposed to approving a site plan that they would not know what it would look like since this is negotiated with staff and referred to several other staff conditions that would change the look of the project. Mr. Barretta felt that comment #47 appeared that staff wants the applicant to match the quantities of the landscaping plan with the tabular data, which he equated this to mean 8139 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17,2005 that staff had some doubt that what was presented would meet what was on the tabular data. Mr. Barretta felt there were too many open-ended conditions for this Board to approve the project tonight and he felt it was highly inappropriate. He noted that he had requested that the Board have an opportunity to meet with staff to discuss these kind of open-ended conditions and he would recommend that the project be tabled and sent back to staff to readdress the conditions of approval. Mr. Barretta will withhold his motion to table to allow the other members to speak. Mr. Francesco Perez, the architect, disagreed with Mr. Barretta comments and requested he be allowed to address them. He noted that he met with Mr. Barretta and specifically addressed his concerns and he told him he was agreeable with the way they were approaching the project. With regard to Comment #42 addressing the revised massing model was made because the massing model showed that the two towers exceeded the 75', which is not the case. Staff is requesting that they accurately show that only one tower exceeds 75'. Mr. Perez did not consider staff comments to be loose ends. Regarding the tabular data for the landscape plan does not change the project and he did not feel that the project should not be approved because of some tabular data. With regard to comment #54 regarding staff's recommendation to install more brick pavers, this has been reviewed with staff. He does not feel that adding some brick pavers would not significantly change the site plan, nor the look of the project. He noted they have done a good job with the project and have agreed to all staff conditions. With regard to comment #55 regarding aluminum framing, this has been provided and is included in the drawings submitted. In comment #56 where staff recommends more architectural elements, they have complied with this comment. Mr. Barretta disagreed with Mr. Perez's comment that he met with Mr. Barretta and addressed his comments. Mr. Barretta stated that he met with Mr. Perez twice and felt that Mr. Perez ignored his comments and never told Mr. Perez that he addressed his comments. Mr. Barretta would vote against the project because his comments regarding the parking garage have been ignored. Mr. Barretta is recommending the project be sent back to address the opened comments. Discussion ensued regarding comment #43 dealing with the massing model. Mr. Miller stated that the plans were prepared in accordance with the step back. Mr. Johnson stated that this comment merely means that the dimensions of the step back need to be shown on the massing model, which does not change the design of the building. Mr. Johnson further stated if the dimensions meet code, there should be no problem and it appears that the dimensions do meet code. 8140 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17,2005 Ms. Miller stated the grillwork for the parking garage has been submitted and they have addressed the sides of the building by opening up the stairwells and have provided more windows on the north and south sides. Members offered their individual views of the project and several members felt that the windows needed more treatment. Mr. DeMarco inquired if the applicant was complying with staff recommendations. Mr. Johnson responded that staff recommendations are not required by code and the applicant and staff have had discussions and stated that they agreed with all recommendations. Mr. Johnson explained that when a project goes through the Technical Review Committee that is when these issues are addressed. Staff makes recommendations to make a better project and staff feels that the recommendations would make the project better and he pointed out that the applicant is in agreement those recommendations. Motion Mr. Barretta moved to table the site plan approval to allow the applicant to address staff conditions and the site plan come back to the Board without any conditions because they have been addressed. Motion seconded by Mr. Fenton The Recording Secretary called the roll and the motion to table the site plan carried 4-3 (Chairperson Heavilin, Mr. DeMarco and Mr. Myott dissenting). Mike Rumpf, Planning and Zoning Director, explained that staff brings the items to the Board with full knowledge that some of the comments are open-ended. The purpose of this is to keep a "hook" on the project and allows the members to interject and participate in the process. What the Board just did was not provide staff with specific comments and direction, but sent everything back to the drawing board to begin all over again. Mr. Barretta stated that at the CRA retreat they discussed the availability of a petitioner being able to come before the CRA Board for preliminary review for specific comments. Mr. Miller requested that they be provided with some specific direction and Chairperson Heavilin explained that the item has been tabled and therefore it cannot be discussed any further. Individual Board members, however, could convey their concerns to the applicant. Chairperson Heavilin opened the public hearing on the Future Land Use designation for Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed. Chairperson Heavilin opened the public hearing on the request to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) for Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed. 8141 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Chairperson Heavilin opened the public hearing on the request for height exception for Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed. Motion Ms. Horenburger moved to approve the request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX). Motion seconded by Mr. Barretta and unanimously carried. Motion Ms. Horenburger moved to approve the request to rezone from Community Commercial (C-3) to Mixed-Used Low (MU-L) with the restriction on retail uses. Motion seconded Vice Chair Tillman and unanimously carried. Motion Ms. Horenburger moved to approve the request for a height exception for three (3) feet- two (2) inches. Motion seconded by Mr. Barretta. Chairperson Heavilin questioned if the height exception should be approved without site plan approval. Mr. Hutchinson stated that the remainder of the meeting would have to be continued. He recommended that the height exception, along with the site plan, be tabled to a future date and perhaps the items could be brought back to the continued meeting along with the site plan. It was noted that the site plan had already been tabled. After discussion, it was determined to continue the meeting to Wednesday, March 23, 2005 at 6:30 p.m. in Commission Chambers. Motion Ms. Horenburger withdrew her motion to approve the request for a height exception and Mr. Barretta withdrew his second of the motion. Motion Ms. Horenburger moved to table the height exception for consideration with the site plan. Motion seconded by Vice Chair Tillman and unanimously carried. Attorney Spillias noted that Mr. Barretta's motion was to table the site plan and send it back to staff. Therefore, it needs to be determined if staff and the applicant could get together before Wednesday to address the issues that were raised. 8142 3O Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 Mr. Rumpf stated that staff needed direction. It was just stated that the applicant would be given time to meet with the individual Board members for their direction regarding the site plan. He did not think there was enough time between now and Wednesday for staff to meet with the applicant to review revisions and reformulate the site plan in writing. Attorney Spillias noted that since Wednesday is a continued meeting, the site plan would appropriately be on the Board's next regular agenda for April and on Wednesday the Board would deal with the remainder of the agenda. 2. Project: Barr Property (NWSP 04-013 (Tabled to March 17, 2005 (Addressed previously) Agent: Owner: Location: Description: John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request new site plan approval for a 180-unit townhome development on a 9.88 acre parcel in a proposed PUD zoning district C. Hei.qht Exception (Tabled to March 17, 2005) 1. Project: New Business Agent: Owner: Location: Description: Boynton Beach Lofts (HTEX 05-001) (Tabled to March 17, 2005) (Moved up on the Agenda) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78 feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. A. Code Review Project: Agent: Location: Description: Car Wash Use in M-1 (CDRV 05-001) Michael Weiner, Weiner & Aronson Industrial (M-l) Zoning District Request for an amendment to the Land Development Regulations, Chapter 2 Zoning, 8143 31 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17, 2005 VIII. Old Business VIII. Xl. Xll. Section 8.1.4, M-1 Industrial District, to allow as a Conditional Use, carwashes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project (Tabled to March 17, 2005) (moved up on the agenda) New Business A. Consideration of Pilot Program for WI-FI Wireless System for Heart of Boynton and Central Business District Consideration of Drafting an Agreement for the Acquisition of the Old Boynton Beach High School from the City of Boynton Beach with the Finalized Agreement returning for final Board approval C. Consideration of Selection and Contract award of the Hotel Feasibility Study from Committee Commission Action Director's Report · Discussion regarding City Planning and Development Staff conditions and comments on Project Review · Signage- Way Finding & Trolley · Trolley System Operations Rollout · "Building Document" · Old High School - City Commission Direction Board Member Comments Legal Xlll. XlV. Other Items Future Agenda Items Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension and Promenade (April) 8144 32 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 17,2005 Consideration of Interlocal Agreement for the MLK Phase 1 Project (April) Consideration of Interlocal Agreement for the Events and Festivals (April) Consideration of Addition of Two Police Officers and One Patrol Car (April) XlV. Future Project Preview A. Gulfstream Lumberyard Site Plan Proposal XV. Adjournment There being no further business, the meeting properly adjourned at Respectfully submitted, p,m. Barbara M. Madden Recording Secretary (March 22, 2005) 8145 33 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October l 1,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int__.qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business ' [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 4, 2005, SUBJECT SUMMARY PARAGRAPH: March Financials will be present at the May 10, 2005 CRA Board meeting. The reason for the delay is as part of the new internal controls, staff performs a Financial Quarterly Internal Audit on the CRA Books, which is not completed. In addition, three interest statements have not been received as of April 4, 2005; Staff is working with these banks to speed up this process. The interest statements will be received within the next 10 days and bank reconciliations will be completed. Upon completion of the bank reconciliation the internal audit will be completed and Financials produced. RECOMMENDATION: No recommendation at this time. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Financials are presented to the CRA Board for approval each month; however they are not complete at this time. FISCAL IMPACT: The Financial are presented according to GAPP and Budget. ALTERNATIVES: Not to approve the Financials. CRA Staff ~ B6~agL~ Hutchinson, CRA Director 8146 Annett shares C:\Susan_shared files\memoshMemo CRA Agenda Item Request form - Financials 2.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January l 1, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October I 1,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int.~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF ·Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 4, 2005 SUBJECT SUMMARY PARAGRAPH: This is the Direct Incentive Funding Agreement between Boynton Waterways Investment Association, LLC and the Boynton Beach CRA for the project known as "Promenade" on the corner of Federal Highway and Boynton Beach Blvd. On October 12, 2004 the project scored 98 points from the Board and thus is eligible for 98% of the maximum incentive possible. This is the formal Agreement for the Incentive program. RECOMMENDATION: Staff recommends the approval of the Agreement Documents. The Agreement was developed with the CRA Legal Staff. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Agreement legally defines the Direct Incentive Awarded to the Boynton Waterways Project. FISCAL IMPACT: There is no fiscal impact in the 2004-2005 budget year. ALTERNATIVES: None. Douglas Hutchinson, CRA Director 8147 C:\Monet_Nicole Shares~Agenda\CRA Agenda Item Request - Promenade Direct Incentive Agreement.doc DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement") entered into as of the , 2005, by and between: __ day of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. And BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company, (hereinafter referred to as the "Developer" or "Boynton Waterways"), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310, and/or assigns, provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22, 2004 (revised) (hereinafter the "Direct Incentive Program"); and WHEREAS, Developer submitted an application to the CRA for Direct Incentive funding for that certain project proposed at the northeast comer of Federal Highway and Boynton Beach Boulevard within the CRA boundaries to be known as Promenade (hereinafter the "Project"); and WHEREAS, at the October 12, 2004 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") approved said application with a project score of 98 points (making the Project eligible for 98% of the maximum incentive permissible under the Direct Incentive Program), subject to approval of a mutually acceptable contract (i.e., this Agreement); and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221;and WHEREAS, at its meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are tree and correct at the time of the execution of this Agreement and are incorporated herein. 8148 Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: ~'Affiliate" means a company or corporation that the Developer, or members of Developer, maintains any ownership interest in. "Affordable Access - Residential" means the residential sales provided for in the Application and committed to by the Developer to qualify for the affordable access incentive of the CRA's Direct Incentive Program. "Affordable Access - Commercial" means the commercial leases provided for in the Application and committed to by the Developer to quality for the affordable access incentive of the CRA's Direct Incentive Program. "Agreement" means this Direct Inventive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Application" means the Direct Incentive Program Application submitted by Boynton Waterways dated June 24, 2004, which is attached as Exhibit "A", the information, representations, and commitments of which as contained therein are adopted and incorporated within and as part of this Agreement. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the application by the Developer to the City for the permit required for the commencement of vertical construction or the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Boynton Waterways Investment Associates, LLC. and any assignee or transferee of Boynton Waterways that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Pledged Project Increment Revenues" means 49% of the Project Increment Revenues received by the CRA. "Project" means the Promenade Project as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $119,816.00 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property" means the real property described on Exhibit "B", attached hereto. 8149 "Public Areas" means all areas that have unrestricted public access for the life of the Project, as shown on the Delineation of Public Areas attached as Exhibit "C", attached hereto, but shall not include public utilities which shall be dedicated to the public. "Public Parking" means the free on-site parking consisting of 111 parking spaces, including parking for the disabled required for the Project under applicable state and federal law, as committed and set forth in the Application. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion and vote on July 20, 2004, a copy of which is attached hereto as Exhibit "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's residential condominium units and 90% of the square footage of the Project's commercial space, as evidenced by issuance of a certificate of occupancy for such residential condominium units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement (hereinafter "Effective Date"). Section 4. Developer's Obligations - Construction. Developer agrees to construct the Project as described in the Application and the Site Plan and to maintain the Public Parking and other Public Areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the fight to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Public Areas, the number of Public Parking Spaces or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. 4.1 Commencement of Construction. Developer shall apply for a building permit with the City no later than twelve (12) months from the date of original approval of the Site Plan by the City Commission, i.e., no later than twelve (12) months from July 20, 8150 2004. The Developer shall have the right to extend the Commencement Date by up to twelve (12) months on a showing by the Developer to the CRA that the Developer has diligently pursued either applying for a building permit, or construction start, that any delay is beyond the control of the Developer and that the Developer continues to hold a valid and current building permit for the project issued by the City. Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: 4.1.1. Should the Site Plan or building permit expire at any time , this Agreement shall terminate and be of no further force and effect. 4.1.2. Should the Developer obtain a Site Plan modification approval from the City, whether from the City Commission or administratively, the Developer must nonetheless obtain the approval of the CRA Board for any such modification in order for this Agreement to remain in effect. Whether to grant any such modification shall be entirely within the discretion of the CRA Board which may consider factors which go beyond the land development issues and requirements considered by the City in its approval process. 4.2 Non-Discrimination. The Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by the Developer, its contractors, sub-contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in xvriting to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. 4.3 Convicted Yendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub-contractors or agents who will perforn~ hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the Effective Date. Section 5. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall implement 8151 and maintain an affordable access component to the Project as provided for in the CRA's Direct Incentive Program and as set forth in Section 2G of the Developer's Direct Incentive Program Application. Implementation and maintenance of the Affordable Access Program shall be as follows: 5.1. Affordable Access - Residential. 5.1.1. Based on the total Project residential condominium count of 318 condominium units as set forth in the Application, Developer agrees to set aside a minimum of sixteen (16) units designated as Affordable Access - Residential condominium units, each with a minimum purchase price of $266,866.00. Should an amendment to the Site Plan be approved which modifies the number of residential condominium units to be developed in the Project, the number of Affordable Access - Residential condominium units will be revised accordingly based on the criteria and requirements set forth'in the Direct Incentive Program. 5.1.2. The Affordable Access - Residential condominium units shall be held for sale to individuals or families with household income ranging from a "Low Income of Eighty (80%) Percent Median Income to One Hundred Twenty (120%) Per Cent Median Income" for Palm Beach County, Florida, as defined by the United States Department of Housing and Urban Development (HUD) for the year 2004. Unit pricing for the Affordable Access - Residential units shall be priced so that buyers are able to qualify for the unit purchases based on qualifying income percentage for home ownership being defined as thirty-two (32%) percent of gross monthly income. Affordable access - residential condominium units shall be held for affordable purchase for one hundred eighty (180) days after such units are released and advertised for eligibility. 5.1.3. Qualified buyers of Affordable Access - Residential condominium units must certify that their intent is to utilize the unit as their primary full time residence pursuant to the Affordable Access-Residential requirement. The Affordable Access-Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.4. Qualified purchasers of units pursuant to the Affordable Access- Residential requirement must agree to retain ownership of the unit as their primary full time residence for a minimum often (10) years or, upon the sale of any such unit prior to the expiration of ten (10) years, must pay any profit above the original purchase price minus a three (3%) percent annual inflation factor back to the CRA. All buyers within the 10-year period must qualify to purchase affordable units as required in section 5.1.2 herein. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.5. The re-sale limitations and requirements set forth in 5.1.4 above shall be included in the deeds of sale, or other mutually acceptable documents, to be 8152 executed by the Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access - Residential units, shall constitute a covenant running with the unit, and shall be recorded in the Public Records of Palm Beach County, Florida. 5.2. Affordable Access - Commercial. As a pre-condition to receiving funding under the Direct Incentive Program, Developer agrees to implement and maintain an Affordable Access - Commercial element pursuant to the policies set forth in the Direct Incentive Program and in Section 2G of the Developers Direct Incentive Program Application. Should the Developer modify its Site Plan to alter the commercial square footage in the Project from that which has been approved, the retail space offered to local tenants as set forth in the Direct Incentive Program Application will be modified accordingly pursuant to the provisions of the Direct Incentive Program. Any other modification to the terms or provisions of the Affordable Access - Commercial requirements set forth in this Agreement shall require the consent of the CRA and shall, in any event, meet the criteria set forth in the Direct Incentive Program. 5.3. Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the purchase of any Affordable Access - Residential units or the lease of any Affordable Access - Commercial spaces provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non- prevailing party. Such non-prevailing party shall be determined by the arbitrator. 5.4. Performance Audit. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written audited verification, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of compliance in all material respects by the Developer with all agreed upon Affordable Access performance standards set forth in this Agreement. 5.4.1. This performance audit shall be conducted by an independent Certified Public Accountant (CPA), selected and paid for by the Developer with the reasonable approval of the CRA. 8153 6 5.4.2. With respect to the Affordable Access - Residential component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access -Residential requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of condominium units which are owned by qualified purchasers. 5.4.3. With respect to the Affordable Access - Commercial element of the Direct Incentive Program, the CPA must certify, in a written opinion, the amount of commercially leased square footage that qualifies pursuant to the Affordable Access - Commercial requirements of this Agreement. 5.4.4. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.4.5. The audits required pursuant to this Section may be performed in conjunction with other auditing services. 5.4.6. Each annual performance audit must be submitted to the CRA no later than the last day of February for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing. 5.4.7. Disbursement of Direct Incentive Program Funds may only occur upon the CRA's acceptance of a properly documented and supported audit. 5._~5. Inspection. Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. 5.6. Non-Compliance. In any year in which the performance audit discloses that Developer is in non-compliance in any material respect with the Affordable Access requirements of this section, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below; provided, however, that at the option of the CRA the Direct Incentive Funding the Developer would otherwise be entitled to for the year in question may be reduced as follows: 5.6.1. The funds the Developer would otherwise be entitled to may be reduced by an amount corresponding to the percentage of non-compliance with the Affordable Access-Residential requirements of this Agreement plus the percentage of 8154 non-compliance with the Affordable Access-Commercial requirements of this Agreement. 5.6.2. Exceeding the agreed upon requirements of either of the Affordable Access components in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access requirements hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of constructing the public area and all other public improvements and/or programs within the Project. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Affordable Access Requirements of this Agreement. 6.2. Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; The completed improvements of the Project have been placed on the Tax Roll; The CRA has determined that the Project complies with the commitments set forth in the Application (Exhibit "A"), as those commitments may have been subsequently amended with the consent of the CRA, and that the Project otherwise complies with all of the terms and provisions of this Agreement; and The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds. Except as otherwise provided herein, The Pledged Project Increment Revenues shall be unconditionally disbursed to the Developer by April 1 of the year following the corresponding ad valorem tax year or within thirty (30) days after the CRA's acceptance of the annual audit provided for in Section 5.4 above, whichever date is later. 8155 6.4. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7. Associations. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create one or more property and/or condominium associations to provide for the ongoing management of the Project and the maintenance of the common elements and the Public Areas. The Declaration or Declarations of Covenants for such association(s) shall be approved by the CRA, which approval shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants regarding the Public Parking and other Public Areas, which shall include, at least, the following terms: 7.1. Public Parking Restrictive Covenants. The restrictive covenants governing Public Parking shall include the following: 7.1.1. There shall exist 111 "first come-first served" free parking spaces open to the general public as shown on the Site Plan for the commercial component of the Project. At such time as Developer has finalized its plans for the parking facilities, the Developer shall provide the CRA with a drawing showing the location of the Public Parking spaces, which drawing shall be attached to and incorporated into this Agreement as Exhibit "D'. 7.1.2. Signage for parking shall meet the requirements of the City Code and shall be located prominently on the exterior and interior of the parking facility to identify the Public Parking. 7.1.3. The Public Parking shall be free to the public during the term of this Agreement, and after term the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the parking spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 7.1.4. The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 a.m. and 6:30 a.m. daily and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 7.1.5. The Public Parking restrictive covenants shall be included within the Property Owners Association Declaration of Covenants and shall remain in effect for 8156 the life of the Property Owners Association notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.1.6. The Public Parking restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after-imposed liens and encumbrances, including, without limitation, any mortgages on the Property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida. 7.1.7. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. 7.2. Other Public Area Restrictive Covenants. governing the other Public Areas shall contain the following: The restrictive covenants 7.2.1. The pedestrian walkways, performance square, park improvements and plazas (the "Public Amenities") as shown on Exhibits "C" and "D" shall be accessible to the general public as provided herein. 7.2.2. The Developer shall have the right to control public access or otherwise secure the Public Areas between the hours of 12:30 a.m. and 6:30 a.m. daily, and shall have the right to adopt reasonable rules and regulations for the operation and security of such areas. 7.2.3. The Public Areas restrictive covenant shall be included within the Property Owner's Association Declaration of Covenants and shall remain in effect for the life of the Property Owner's Association but in no event for less than the30-year term of the Project notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.2.4. The Public Areas restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after-imposed liens and encumbrances, including, without limitation, any mortgages on the property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida. 7.2.5. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, then this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken 8157 10 place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. Section 8. Events of Default, Remedies and Termination. 8.1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 8.1.1. Any representation by the Developer in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2. The vacating, abandoning, or closing of the Developer's business. 8.1.3. The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 8.1.4. The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5. The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is dismissed within sixty (60) days; 8.1.6. Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty (30) days. 8.2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to the Developer to cure its failure of 8158 11 performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 8.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.4 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by the Developer's breach of this Agreement including, but not limited to, repayment of funds disbursed to the Developer as a result of fraud or material misrepresentation. 8.2.3. Withhold the disbursement of any payment or any portion of a payment. 8.2.4. Take any other remedial actions that may otherwise be available under law. 8.._~3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non-prevailing party. 8.4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 8.5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and 8159 12 their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 8.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8.'7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein. Section 9. General Conditions. 9.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9.2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be assigned by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. 8160 13 Notwithstanding anything to the contrary contained in this Section 9.2' (a) Prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld, delayed or conditioned. Such assignment shall relieve the Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (b) After the issuance of the Certificate of Occupancy, Developer may assign this Agreement without the consent of but with at least 10 days written notice to CRA. Such assignment shall relieve Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (c) At any time during the term hereof, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to an institutional lender as collateral for a loan or other obligation without the consent of, but with at least 10 days written notice to, the CRA, so long as such pledge does not interfere with or affect the CRA's rights under this Agreement. In the alternative, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to a non-institutional lender as collateral for a loan or other obligation subject to the consent of the CRA, such consent not to be unreasonably withheld. In either event, such pledge to an institutional or non-institutional lender shall be subject to the conditions that it (1) shall not relieve Developer or its assignee (if this Agreement has in fact been assigned) of its obligations hereunder; (2) shall not interfere with or affect the CRA's right under this Agreement; and (3) shall be subject to all terms and conditions of this Agreement. 9.3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 9.4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 8161 14 9.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: 8162 15 If to Developer: Boynton Waterways Investment Associates, LLC c/o Panther Real Estate Partners 155 South Miami Avenue, Penthouse 2A Miami, Florida 33130 Attention: Jeff Krinsky With Copies to: Marc Seltzer, Esquire 155 South Miami Avenue Penthouse 2A Miami, Florida 33130 If to CRA: With a copy to: Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 9.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9.7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9.8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 8163 16 9.9. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.11. Headines. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 9.14. Recordine. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 1N WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC, a Florida limited liability company (Witness) (Witness) By: Its Manger Daniel Sirlin 8164 17 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Witness) By: Chair (Witness) Approve as to form and legal sufficiency; CRA Attorney STATE OF FLORIDA COUNTY OF PALM BEACH SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of ,2005. My Commission Expires: Notary Public, State of Florida at Large 8165 18 STATE OF FLORIDA COUNTY OF PALM BEACH SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of ,2005. My Commission Expires: Notary Public, State of Florida at Large I:\Client Documents\Boynton Beach CRAL2419-006\DOCUM ENTS\Final Direct Incentive Funding Agreement 4-1-05,doc 8166 19 > ~OYNTON BEACH N.E. 4 ','.h _i )1 [I BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 Februa~ 22, 2005 (Noon) [] September 13, 2005 I April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int._.~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 4, 2005 SUBJECT SUMMARY PARAGRAPH: This is the Interlocal Agreement for the demolition of Boynton Terrace Apartment Complex between the City of Boynton Beach and the Boynton Beach CRA. The City's code inspectors assessed the damages after Hurricanes Francis and Jeanne and found that there were a number of structural and environmental problems. Thus the officials declared all 16 buildings to be "unsafe" and demolition as the necessary next step. The City agrees to enter into contract for the demolition no later than sixty (60) days after the effective date of this agreement. The City retains responsibility for compliance, permitting and inspections of the project with the terms and provisions of the demolition contract. RECOMMENDATION: Staff recommends that we proceed with the Interlocal Agreement with the City of Boynton Beach to demolish Boynton Terrace. This will free up 8.48 acres in the HOB area for future development. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The City agrees to maintain all books, records and documents pertaining to this agreement. The CRA will have access to all books, records and documents for the purpose of inspection of audit for at least three (3) years after completion of the project. The CRA shall be reimbursed for any misused or misspent funds promptly by the City. FISCAL IMPACT: The cost of demolition for Boynton Terrace will be a maximum of $350,000. The CRA will have to do a budget line item transfer from the savings in the HOB Phase I Area. The City has agreed to assign its interest in the lien against the Property that resulted from the City's demolition of the structures on the Property in order to provide a mechanism for the CRA to secure repayment of the funds provided to the City for the demolition of the Property. ALTERNATIVES: To not provide the funds for demolition. '~"~foug~[tchinson, C-"RA Director 8168 C:\Monet_Nicole Shares~Agenda\CRA Agenda Item Request - Boynton Terrace Demo Interlocal Agreement.doc Final Document will be supplied to you on Wednesday, April 6 2005. 8169 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 · April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 28, 2005 SUBJECT SUMMARY PARAGRAPH: On April 12, 2004 the CRA Board approved a Fagade grant Request for Boynton-Delray Academy for $15,000. This Fagade grant request was for the construction of the parking lot for the new school. Due to the hurricanes, this project was set behind and they are almost complete; however the extension given to them on October 12, 2004 is ending before the project is completed. RECOMMENDATION: Staff is recommending the approval of the extension for the Boynton-Delray Academy Fagade Grant. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) On April 12, 2004 the CRA Board approved a Facade grant Request for Boynton-Delray Academy for $15,000. This Fagade grant request was for the construction of the parking lot for the new school. Due to the hurricanes, this project was set behind and they are almost complete; however the extension given to them on October 12, 2004 is ending before the project is completed. FISCAL IMPACT: The $15,000 reimbursement is included in the Fagade Grant Budget line item. ALTERNATIVES: None, the applicant has met all of the requirements of the Fagade Grant program. CRA Staff (~d"lSoug~H~chinso~ Director b' 8170 C:\Susan shared files~acade Grant Pictures\facade grants',,estension for boynton delray academy.doc Mar,28, 2005 4'07PM DELRAY BOYN¥ON ACAD No,21i6 P, :? Delray-Boynton Academy APalm Beach County Charter Sd~ I~th A Differenae 2030 Sou~h Congress Ave. BMg. A West Palm Beach, FL33406 (561) 960.1044 f~ (561) 965.1646 Joe ~ March 28, 2005 Dear Ms. Vielhauer, Delray-Boynton Academy is in the final stages of completing its facilities. There were design and installation O:maplic~ons with the additional roof requirements. The engineering drawings have been approved by the city and the work is being completed presently. Supposedly, the facilities will be completed near the end of April. Sincerely, ~ Joe Green 8171 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] FebruaD' 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 I April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 28, 2005 SUBJECT SUMMARY PARAGRAPH: On September 14, 2004, The CRA Board approved a Fagade grant Request for Salefish Realty Inc. This Fagade grant request was for the repaying of the parking lot, white shadowbox fence, sign and awnings. Salefish Realty Inc has submitled all the backmp materials along with their reimbursement request. The complete file with backup documentation is available in the CRA Offices for review as needed. Sale fish Realty Inc is requesting the reimbursement for their FaCade grant request of $9,226.77. RECOMMENDATION: Staff is reconmqending the approval of for Salefish Realty Inc Fagade Grant reimbursement request of $9,226.77. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) On September 14, 2004 Salefish Realty Inc requested a Fagade Grant 915 S. Federal Highway for the parking lot, white shadowbox fence, sign and awnings for the building. Salefish Realty Inc is now complete and ready to request their reimbursement. All the program required documents have been received and reviewed by Staff and found to be complete. They are on file in the CRA office for review. FISCAL IMPACT: The $9,226.77 reimbursement is included in the Fagade Grant Budget line item. ALTERNATIVES: None, the applicant has met all of the requirements of the Fagade Grant program. CRA Staff '~5*lS'oouglis Hutchinson, CRA Director 8172 C:\Susan shared files~Facade Grant PicturesX, facade grants\CRA Agenda Item Request form - salefish realty reimbursement.doc March 1, 2005 CRA 639 East Ocean Avenue Suite 107 8oynton Beach, FL 33435 Dear Susan: In anticipation of the Arches project and demolition of our office on E. Ocean Avenue, we had purchased a building at 915 South Federal Highway in Boynton Beach. We applied for and received a fagade grant from the CRA last year. Our improvements are now complete and we are requesting our grant funds. Details of the improvements that have been made are attached. This includes a description, contractor's name, original estimate and invoice amount. The total amount of reimbursements are $9226.77. Also included with this letter are the invoices, the release of liens, and the cancelled checks, as well as before and after pictures identifying the completed improvements. As we were unable to obtain landscape drawings in a timely manner, we have had to postpone the landscaping at this time. Therefore that work has not been completed and is not included in this package. We appreciate the CRA's support of Salefish Realty. We are proud to be part of the improved appearance of the downtown Boynton Beach area! Please do not hesitate to contact me if you should have any questions in regards to our reimbursement. Sincergly, , ,, ,.~ I,~ i7 ' ?y-,.'~ ., ' t // .L z" . ~.'L.',,' , .! , Kristen D. Conti Broker-Owner Salefish Realty & Property Management 8173 'Your/-/ometown /realtors" - Located in the Heart of Historic Downtown Boynton Beach 915 S. Federal Hwy. · Boynton Beach, FL 33435-5612 · Bus. (561) 736-8300 · Fax (561) 738-7911- www.salefishrealty, com BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon,) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13. 200S I April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 6, 2005 SUBJECT SUMMARY PARAGRAPH: Staff is presenting for the CRA Board approval a recommendation to proceed with securing a ten foot Utility easement from L & F Realty Corp for the sum of $10,000. RECOMMENDATION: Staff is recommending the approval to move forward with the ten (10) foot Utility easement from L & F Realty Corporation for the sum of $10,000. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) As part of the agreement with Florida Power and Light to convert the existing overhead feed lines to an underground facility, the CRA is required to provide a ten foot wide utility easement along the entire length of the corridor where the underground facility is to be constructed. Mr. Ken Spillias, Mr. Dennis Haynes, and Mr. Jonathan Ricketts have met with the owners of the Exxon Station and with their attorney to discuss this matter. The north driveway of the Exxon station is the only practical entrance for taking fuel deliveries and without this entrance there is a potential for loss of revenue. Based on the impacts as a result of the construction, the loss of the use of the easement area in the future, and the avoidance of legal fees, we are recommending the payment of this easement. FISCAL IMPACT: The fiscal impact would be a one time non-recurring charge of $10,000. It is budgeted in the Boynton Beach Blvd Design/Build project. ALTERNATIVES: The alternative would be not to pay for this FPL Easement at this time which will block all under grounding of FPL services for the Marina Area. CRA Staff '"'l~o~glas Hutchinson, CRA Director 8174 Susan's Shares C:\Susan_shared files\memos\CRA Agenda Item Request for FPL Easement for L & F Realty Corp.doc Jonathan T. Ricketts, Inc. 5708 Whirlaway Road, Palm Beach Gardens, Fl 33418 Phone: (561) 630-6700 Fax: f561) 625-2770 March 30, 2005 Mr. Douglas Hutchinson Executive Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 FP&L Easements for the Conversion of Overhead to Underground Feeder Lines Exxon Station - L& F Realty Corp. Dear Mr. Hutchinson: We are recommending that you proceed with securing the ten foot utility easement from L & F Realty Corp for the sum of $10,000. As part of the agreement with Florida Power and Light to convert the existing overhead feeder lines to an underground facility, the CRA is required to provide a ten foot wide utility easement along the entire length of the corridor where the underground facility is to be constructed. Mr. Ken Spillias, Mr. Dennis Haynes, and I have had multiple meetings with the owner of the Exxon Station and his attorney to discuss this matter. Several times during the construction period, the Exxon's driveway on the north property line, accessing Boynton Beach Blvd, will be closed. This is the station's only practical entrance for taking fuel deliveries and there is the potential for the loss of revenue to the station's owner during these closures. Mr. Haynes has agreed to work closely with the owner of the station to minimize the time of the closures and to provide advance notice so that the owner can arrange for fuel deliveries in advance of the work. Additionally, the station would forever be precluded from using the area beneath the ten foot easement for enlargement of any of their underground fuel storage tanks. Mr. Spillias has recommended that this will be less costly than a court proceeding that would be required to secure the easement under eminent domain. Based on the impacts as a result of the construction, the loss of the use of the easement area in the future, and the avoidance of legal fees, we are recommending the payment for this easement. Sincerely, ~n~s~~ 8175 BOYNTON BEACH BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January I 1, 2005 December 28, 2004 (Noon.) [] Jul5' 12, 2005 [] February 8, 2005 Januao' 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 Februao' 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int.__0_o CRA Office June 28, 2005 (Noon) Jul5' 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other item DATE: March 29, 2005 SUBJECT SUMMARY PARAGRAPH: The South Eastern Block of Ocean and Federal Highway Property Owners Interest Group ("SEBOF") is requesting a Self-Assembly Grant in the amount of $15,000 to assist with $31,000 in legal fees for the formation and Memorandum of Understanding (Phase I). SEBOF consists of 18 parcels and approximately 6 acres. RECOMMENDATION: Approve a Self-Assembly grant in the amount of $15,000 for Phase I work. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) This application is consistent with the existing grant program guidelines. 17 of the 25 property owners have signed the Grant Agreement. They are working with an attorney to get the appraisals and memorandum of understanding completed by July 15, 2005. FISCAL IMPACT: $15,000 which is budgeted on line item Grant Programs. $90,000 was appropriated for this line item. $77,000 remains unencumbered. ALTERNATIVES: Do not approve CRA Staff Vivian Brooks 8176 ~.i: - ~/[glas Hutchinson, CRA Director Vivian Shares GS. Self-Assembly Groups\SE Ocean & Fed\CRA Agenda Item Request.doc SIEMON & LARSEN, P.A. Mizner l~atk 433 Plaza Real, Sui~ 339, Boca Raton, Florida 33432 Tclephonc (561) 368-3808. Facsimile (561) 368408 E-Ma~I- in fo(~,~iemonlars~, c~m April 1, 2005 Mr. Doug Hutchinson Director City of Boynton Beach CRA 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Re: SEBOF Property Owners Interest Group's Grant Request Dear Mr. Hutchinson: On behalf of the South Eastern Block of Ocean and Federal Highway Property Owners Interest Group ("SEBOF") we are requesting grant assistance from the City of Boynton Beach Community Redevelopment Agency in the amount of $15,000. The grant assistance will reimburse SEBOF for 5;2,000.00 in legal and administrative expenses for the formation of the group itself and will help the SEBOF defray approximately $31,000.00 in legal expenses related to the first phase of the self-assembly and redevelopment of the south eastern block of Ocean Avenue and Federal Highway as more fully set forth in our March 27, 2005 letter of intent. Once again, thank you for your assistazxce in th.is matter. Should you have any questions or concerns, please do not hesitate to contact me. Mark Rothenberg 8177 SIEMON & LARSEN, P.A. Mizner Park 4.33 Plaza Real, Suite 339, Boca Raton, Florida 334_32 Telephone (561) 368-3808 - Facsimile (561) 36,q-400~ E-Mail - info@siemonl~sen.com Mr. Douglas Hutchinson Director City of Boynton Beach CRA 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 March 27, 2005 Re-' Assembly and Redevelopment Incentive Grant Application on Behalf of the South Eastern Block of Ocean Avenue and Federal Highway Interest Group for Phase I of Redevelopment Dear Mr. Hutchinson: This firm represents the South Eastern Block of Ocean Avenue and Federal Highway interest group ("SEBOF"). The purpose of this letter is to request gq-ant assistance from the City of Boynton Beach Community Redevelopment Agency ("CRA") to facilitate the self-assembly and eventual redevelopment of approximately 5.631 acres of property located on the north and south sides of SE Ist Avenue immediately east of' S. Federal Highway and west of SE 6th Street (the "SEBOF Property"). I. Composition of S EBOF At present, the SEBOF Property consists of 34 participants who are owners of 18 separate parcels (a total of 5.631 acres). A graphic illustrating the SEBOF Property, owners, acreage, and current usage of the respective parcels is attached as Exhibit "1". A list of each of the parcel control numbers is attached as Exhibit "2" and photographs of the SEBOF Property are attached as Exhibit "3." We note that the fbrmal/finat composition of the SEBOF membership and Property would be finalized upon thc execution ora Memorandum of Understanding as set forth more fully below. I1. Project Consultant. Charles L. Siemon, Esq. is the lead consultant for this project. Mr. Siemon is a principal in the planning law finn of Siemon & Larsen, P.A. Mr. Siemon has over thirty- years of experience representing local governments, developers, and property owners in all phases of land development and redevelopment process and has participated in numerous redevelopment projects in south Florida. For example, Mr. Siemon served as 8178 Mr. Douglas Hutchinson Page 2 of 4 the lead consultant for the assembly of land, pla~ming, and redevelopment of Mizner Park in Boca Raton, Florida. A detailed resume of the firm and its personnel is attached as Exhibit "4". III. Scope of Work and Budget. Siemon & Larsen envisions that the revitalization and redevelopment of the SEBOF Property will take place in two phases. The first phase of the re-development (the subject of' this request) consists of the self-assembly of the properties and negotiation and drafting of the following three agreements. A brief summary of phase I and our anticipated costs and schedule for the delivery' of documents follows: (1) Executed Memorandum of Understanding. Our office will coordinate negotiations, hold a series of informative workshops, and review and revise a Memorandum of Understanding as necessary for the benefit of the SEBOF Property owners. The Memorandum of Understanding will: Identify and define the processes and conditions which must be completed before SEBOF members are expected to execute a Land Assembly Pooling Agreement ("Pooling Agreement"); Define the essential processes including appraiser solicitation, parcel appraisal, and alternative dispute resolution; and Provide for the allocation of percentages of both professional service costs and sales proceeds which will ultimately be apportioned to individual parcel owners in the Pooling Agreement (discussed below). (Anticipated execution date for execution of the Memorandum of Understanding: July 15, 2005) (Proposed budget for Memorandum of Understanding: $6,000.00). (2) Draft PooLing Agreement. Our office will coordinate negotiations amongst the SEBOF Property Owners, and will prepare SEBOF Property Owners for the formal appraisal process. Our office will also negotiate and draft a Pooling Agreement, and (if needed) coordinate and provide guidance as to the selection of a mediator for an alternative dispute resolution process. The draft Pooling Agreement; appraisal process, and alternative dispute resolution process will: · Define the terms and conditions of the developer solicitation, sale, and closing process; Solve disputes between SEBOF Property owners as to the attributable value of the respective parcels; and 8179 Mr. Douglas Hutchinson Page 3 of 4 · Allocate actual percentages of sale proceeds to individual members and parcels. The Pooling Agreement would be executed after the appraisal and alternative dispute resolution processes are completed.~ (Anticipated completion date for draft Pooling Agreement: Jul3' 15, 2005; anticipated completion of appraisal process: September 15, 2005) (proposed budget for completion of draft Pooling Agreement and legal fees in conjunction with the selection, negotiation, and coordination of the appraiser(s); presentation of the appraisal report; and legal services regarding alternative dispute resolution: S15,000). (3) Draft Development Agreement. Our office will conduct a series of meetings with the SEBOF Property owners and City staff, and will appear at public hearings as needed to formalize a Development Agreement between the SEBOF Property owners and thc City that: Clarifies that the City' will not adopt or apply new land development regulations to the SEBOF Property and specifies the rules, regulations, and official policies governing permitted uses, density, design, improvements, and construction lbr the redevelopment of the SEBOF Property. (Anticipated completion date for Development Agreement: January 1, 2006) (Proposed budget for completion of draft Development Agreement: $10,000.00). In phase 2 (not a part of this request) SEBOF would complete the appraisal and alternative dispute resolution process; execute the Pooling Agreement; and commence the developer solicitation and selection process. Our office would revi. ew developer proposals, carry out due diligence research, participate in interviews, and make recommendations to SEBOF. Upon selection of a developer, our office would negotiate with, review, and execute a contract for sale and purchase of' the SEBOF Property. Separate grant applications will be made for CRA approval prior to the commencement of Phase II. 8180 ~ Other than legal fees, it is expected that costs associated with other professionals (e.g. appraisers, mediators, etc.) are expected to be the subject of a separate grant request that will be submitted for CRA approval prior to the commencement of the appraisal process. Mr. Douglas Hutchinson Page 4 of 4 Thank you in advance for your consideration of our application. We look forward to working with the City to ensure the sound and responsible redevelopment of the SEBOF Property. Should you have any questions or concerns or need any additional information, please do not hesitate to contact me. Sincerely, Mark Rothenberg 8181 r. 0 0 > 0 0 S. E. ~ Stree¢ 8182 ~e,~q~!H le.~apad 'S SEBOF OWNERS SIGNEE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bowden, Michael & Gloria X Monahan, Richard & Barbara X Solis, Francisco & Olga X Chiodo, Christopher & Linda X Rau, Randy & Mary Gonsman, John & Tina X Spencer, Howard & Maryanne X Hatfield, Judy (Walter Dutch Trust) Bingham, Elisabeth Dummett, Sally A. X Bogle, Tim & Freda Baum, Walter M. Sr. X Kuziel, Danielle H. X Lemnah, David & Suzanne X Gram, Michael X Beck, Marion X Ruggeri, Maria Doyle, Debbie (Comet Cleaners) X Scaggs, Lorrie, Steve and Bill X Adams, John X Delale, Maria Fender, Mark Reed, Robert Baum, Walter H., Jr X Garcia, Sara S., M.D. X Note: Signed to-date 1 7 Remaining 8 At time of application 15 signed, 10 remaining 8183 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8,'2005 February 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int.._~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 6, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA and St. Paul's AME Church have been working together for the past two years to coordinate Church Expansion needs with the CRA's Phase II MLK Redevelopment. The church holdings are both North and South of MLK. The plan would be to move the church expansion area to surround the existing church North of MLK. The CRA's plan has the side street by St. Paul's to extend to the South to link the current city maintained warehouse site to the South. RECOMMENDATION: Staff is recommendin~l that the CRA purchase the three properties covering two lots on 11t" and an empty house on 10t" adjacent to the church's parking lot. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA will acquire the vacant lot properties and then trade those lots for the Church's properties South of MLK and retain the house for redevelopment. FISCAL IMPACT: Funding has been budgeted in the workshop and corresponding transfers will be made. Total funding for purchases is $515,000. ALTERNATIVES: To not purchase the properties and risk escalated costs in the future. CRA Staff Dougla~tq.~chinson, CRA Director 8183 A Laura Shares X:\CRA Agenda Item Request St. Paul's.doc MEMO TO: FROM: SUBJECT: DATE: CRA Board Doug Hutchinson St. Paul's AME Church Properties April 6, 2005 The CRA and St. Paul's AME Church have been working together for the past two years to coordinate Church Expansion needs within the CRA's Phase II MLK Redevelopment area. The church is trying to create a "campus" to expand their sanctuary, learning center, activity center, parking, parsonage and church sponsored multifamily housing. The church is land locked (see maps) with little space adjacent to their existing historic building. However to the South of MLK (10th) they have a new parking lot and their parsonage. This means that the church holdings are both North and South of MLK. The plan would be to move the church expansion area to surround the existing church North of MLK. The CRA's Heart of Boynton plan has the side street by St. Paul's extended to the South to link the current city maintained/warehouse site to the South. This new intersection area will have a MLK street feature to celebrate the intersection. This provides an event venue, an urban streetscape, calms MLK traffic, and creates a grand entry drive to the redevelopment of the City's 8 acres. The church has negotiated contracts on several adjacent properties and will be purchasing the improved adjacent properties. This means no real estate commissions or HUD costs are involved in these purchases. This means that the properties can be acquired at 40% less costs from our other MLK Phase I purchase costs. The plan would be for the CRA to acquire the properties currently under contract by the church and then trade those lots with future purchases as indicated for the Church's properties South of MLK. 8183 B G:\Self-Assembly Groups\St Paul's AME Church (2).doc Properties are now available and with the development activity briskly increasing, CRA Staff proposes to purchase several key properties to further this Anchor project. Staff is requesting that the CRA purchase the six properties covering five lots on 11th and an empty house on 10th adjacent to the church's parking lot. The funding for this has been budgeted in the workshop concept budget prepared by CRA Staff. The corresponding transfers will be made. Please note that the workshop "Building" document and corresponding budget will be on the May CRA agenda. The purchases total $565,000. The house comparative from The Urban Group gives a range from $211,000 to $225,000. The five lots combine to make approximately .36 acres or 14,625/sq. ft. Vacant lots have just sold in the immediate area for $110,000 each or $17.50/sq. ft. The contract price for the five lots is $340,000 or $23.25/sq. ft. 8183 C G:\Self-Assembly Groups\St Paul's AME Church (2).doc THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS* AND THE FLORIDA BAR 3 hereby agree that Seller shall sell and Buyer shall buy the following desdribed Real Property and Personal Property (collectively "Property") 4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 5 I. DESCRIPTION: . 6' (a) Legal descript~o~n of the Real Property located in ~0._.~ t~ ~-~ County, Florida: 9' (b) Street addres~,~ity, ziP,'of the'Prkpe~:' ~fll~ N~ tlm ~ -~l~ ~ ~ ~¢q~d 10 (c) Personal Prope~y includes exlstng range(s), refrigerator(s), dishwasher(s), ceding fan(s), hght fixture(s), and window treatment(s) unless 11 specifically excluded below. 12' Other items included are: 13' 14* 15' Items of Personal Property (and leased items, if any) excluded are: 16' II. PURCHASE PRICE (U.S. currency):,..~... .... . ............................................... $ t~ 17 ~a~DYeMpoE~Th e~s" r?2~~'' ,' ' -.: .~ ~(E~sc~w~,gA~en ~aC.mm ''' 18* eld in t) cunt of (checks subject to clearance) $ 19* (b) Additional escrow deposit to be made to Escrow Agent within __ days after Effective Date 20* (see Paragraph III) in the amount of ........................................................................ $ 21' (c) Financing (see Paragraph IV) in the amount of .......................................................... $ 22* (d) Other .......................................................................................... $ 23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 24* to adjustments or prorations ................................................................................ $ tL~i 25 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 26 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 27* before the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUNTEROFFER IS DELIVERED. 30 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 31 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for 32 acceptance of this offer or, if applicable, the final counteroffer. 33 IV. {:)NANCING: 34* /~l.(a) This is a cash transaction with no contingencies for financing; 35* ~,J (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within __ days (if blank, then 30 days) afte~ 36* Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): [..3 a fixed; r~ an adjustable; or Q a fixed or adjustable rate loan, in the principa 37* amount of $ at an initial interest rate not to exceed .%, discount and origination fees not to exceed 38* of principal amount, and for a term of __ years. Buyer will make application within __ days (if blank, then 5 days) after Effective Date 39 Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by Loan Approval Date 40 satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of othe 41 property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. If Buyer does not delive 42 written notice to Selter by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing contingency, ther 43 either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7) days prior tc 44 Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this financin! 45 contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer shall b~ 46 refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by Closing 47 of those conditions of Loan Approval related to the Property; 48* r..] (c) Assumption of existing mortgage (see rider for terms); or 49* ~1 (d) Purchase money note and mortgage to Seller (see Standards B and K and riders; addenda; or special clauses for terms). 50* V. TITLE EVIDENCE: At least ~ days (if blank, then 5 days) before Closing a title insurance commitment with legible cop~es of instrument 51 listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) sba 52 be obtained by: 53* (CHECK ONLY ONE): LI (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or ~i((2) Buyer at Buyer's expense. 54* 55* (CHECK HERE): Fj If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on q' F//'Z. ' ff/0'0..~ ("Closing"), unles modified by other provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a reasonable rat 58 due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zonin(. 60 restrictions, prohibitions and other requirements imposed by~rq~l~39~ve_rn~menta113 authority; restrictions and matters appearing on the plat or otherwis FAR/BAR-7s Rev. 7/04 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page 1 of 4 88 89 9O 91 XlI. 92* 94 95' XlII. 96' at a 97 XI¥, 95* 99* 100' cz uocatea contiguous to real property lines and not more than 10 feet ~n width as to the rear or front lines and 7 1/2 feet in width as to the side 63 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see 64 addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property 65* purpose(s). 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property rs intended 67 to De rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F 68 If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and 69 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRI'I-rEN OR HANDWRI'I-rEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed 71 provisions of this Contract in conflict with them. ASSIGNABILITY: (CHECK ONLY ONE): Buyer L] may assign and thereby be released from any further liability under this Contract;"~rnay 72' X. 73* assign but not be released from liability under this Contract; or ~ may not assign this Contract. 74 Xl. DISCLOSURES: 75* (a) F..I CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which 76* continue beyond Closing and, if so, specify who shall pay amounts due after Closing: L:I Seller F_i Buyer L3 Other (see addendum). 77 (b) Radon ~s a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to 78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996. F.S 83 (e) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 86 ASSOCIATION/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: (a) $ for treatment and repair under Standard D tif blank, then 1.5% of the Purchase Price). (b) $ for repair and replacement under Standard N not caused by Wood Destroying Organisms (if blank, then 1.5% of the Purchase Price). HOME WARRANTY: rj Seller i~l Buyer IJ N/A will pay for a home warranty plan issued by cost not to exceed $. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Con~, ~:ct: _1 CONDOMINIUM L.i VA/FHA I.Li HOMEOWNERS' ASSN. i_] LEAD-BASED PAINT ~ COASTAL CONSTRUCTION CONTROL LINE L.i INSULATION Ca "AS IS" al Other Comprehensive Rider Provisions 7_1 Addenda Special Clause(s): 101' 102' 103' 104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A 105 through Y on the reverse side or attached, which are incorporated as part of this Contract. i06 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 107 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. !09 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the part~es in a 1 I0 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 111 positions of all interested persons. t t 2 AN ASTERISK(*) FOLLO..~I/ING/~LINE NUMBER IN THE MARGIN IN[~CATES THE LINE CONTAINS A BLANK TO BE COMPLETED 115' 116 (BUYER) (DATE) (SELLER) (DATE) '- 17* Buyers' address for purposes of notice Sellers' address for purposes of notice !8' 19* Phone F 20 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation ,n connect~o. 121 this Contract: 8].~ ~ 122* Name: 123 Cooperating Brokers, if any Listing Broker FAR/BAR 7s Rev. 7/04 I Riders can be obtained from Florida Lawyers Sup~_ort Services, Inc. (FLSSI) (407) 515-15011 Page 2 of 4 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved : 2b A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, an 126 owner's policy of title insurance in the amount of the purchase price, insunng Buyer's marketable title to the Real Property, subject only to matters contained in 127 Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopted by 128 authority of The Florida Bar and in accordance with law. Buyer shail have 5 days from date of receiving the Title Commitment to examine it, and it title is found defective, 129 notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer 130 shall, wilhin 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days 131 within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so notify 13:' "er, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time 13:. .,vfded If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing t 34 Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, 135 Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this Standard. 136 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money modgage and mortgage note to Seller shall provide for a 137 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 138 in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 139 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of ~nsurance containing a 140 standard mortgagee clause covering all ~mprovements located on the Real Property against fire and all perils included within the term "extended coverage 141 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 142 and security agreement shatl be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in 143 mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein 144 the Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement 145 evidenced by recorded or filed financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon 146 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified 447 by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, t 48 easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 149 D. WOOD DESTROYING ORGANISMS: "Wood Destroying Organisms" (WDO) shall be deemed to include all wood destroying organisms required to be reported 150 under the Florida Structural Pest Control Act, as amended. Buyer, at Buyer's expense, may have the Property inspected by a Florida Certified Pest Control Operator 151 ("Operator") within 20 days after the Effective Date to determine if there is any visible active WDO infestation or visible damage from WDO infestation, excluding fences. 152 If either or both are found, Buyer may within said 20 days (1) have cost of treatment of active infestation estimated by the Operator; (2) have all damage inspected 153 and cost of repair estimated by an appropriately licensed contractor; and (3) repod such cost(s) to Seller in writing. Seller shall cause the treatment and repair of all 454 WDO damage to be made and pay the costs thereof up to the amount provided in Paragraph Xll(a). If estimated costs exceed that amount, Buyer shall have the 155 option of canceling this Contract by g~ving written notice to Seller within 20 days after the Effective Date, or Buyer may elect to proceed with the transaction and 156 receive a credit at Closing equal to the amount provided in Paragraph XIl(a). If Buyer's lender requires an updated WDO report, then Buyer shall, at Buyer's expense, 157 have the oppodunity to have the Property re-inspected for WDO infestation and have the cost of active infestation or new damage estimated and reported to Seller 158 in writing at least 10 days prior to Closing, and thereafter, Seller shall cause such treatment and repair to be made and pay the cost thereof; provided, Seller's total 159 obligation for treatment and repair costs required under both the first and second inspection shall not exceed the amount provided in Paragraph XIl (a). 160 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 161 in Paragraph VII hereof and title to the Real Properly is insurable in accordance with Standard A without exception for lack of legal right of access. 16? '_EASES: Seller shall, at least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature ~6. J duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each 164 tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact 165 tenant to confirm such information. If the terms of the leases differ materially from Seller's representations, Buyer may terminate this Contract by delivering 166 wntten notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer. 167 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of an,./financing statement, 168 claims of lien or potential lienors known to Seller and further attesting that there have been no ~mprovements or repairs to the Real Properly for 90 days 169 immediately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 170 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such general 17t contractors, subcontractors, suppliers and materialmen, fudher affirming that all charges for improvements or repairs which could serve as a basis for a 172 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 173 H PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing 174 Agent') designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 1 75 I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided 176 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 177 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, 178 tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. 179 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained 180 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and anti mortgage assumed, t$1 mortgagee title ~nsurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by 182 Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and t 83 closing fee (including preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence ~n accordance with Paragraph V. 484 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing 185 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be 186 ~ncreased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing Advance 187 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based or~ the current 188 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's 189 milfage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's 190 assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by ,January 1 st of year of ~ 91 Closing, which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable 192 ~sessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking 19. ., account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill 194 ,,,~. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph Xl(a), certified, confirmed and ratified special assessment liens imposed by public bodies t95 as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyen If the improvement has been substantially completed as of 196 Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last estimate ~97 or assessment for the ~mprovement by the public body. [{ ]. ~3 ~' FAR/BAR-7s Rev. 7/04 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page 2 of 4 199 N. INSPECTION AND REPAIR: Seller warrants that the ceiling, roof (including the fascia and soffits), exterior and interior walls, foundation and dockage ul 200 the Property do not have any visible evidence of leaks, water damage, or structural damage and that the septic tank, pool, all appliances, mechan.~cal items 201 heating, cooling, electrical, plumbing systems, and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless 202 otherwise provided in an addendum Buyer may inspect, or, at Buyer's expense, have a firm or individual specializing in home inspections and hotdin9 ars 203 occupational license for such purpose (if required), or by an appropriately licensed Florida contractor, make inspections of, those items within 20 days after the 204 Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet 205 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to deft lot 206 reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount pro ~ ~n 207 Paragraph Xil (b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller is responsible to repair or 208 replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XII (b), Buyer or Seller may elect to pay such excess, failing whicl~ 209 either party may cancel this Contract. If Seller is unable to correct the defects prior to Closing, the cost thereof shall be paid into escrow at Closing For purposes 2t O of this Contract: (1) "Working Condition" means operating in the manner in which the item was designed to operate; (2) "Cosmetic Condition" means aesthetic 211 imperfections that do not affect the Working Condition of the item, including, but not limited to: pitted marcite or other pool finishes; m~ssing or torn screens. 212 fogged windows; tears, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking 21 3 in ceilings, walls, flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (3) cracked roof tiles, curling 2t 4 or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage cr 21 5 structural damage, but missing tiles will be Seller's responsibility to replace or repair 216 O. RISK OF LOSS: if the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5% of the Purchase Price, cost 217 of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing If the 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 26O 26t 262 263 264 265 266 267 268 269 270 cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Properly as is, together with either the 1.5% or any insurance proceeds payable by virtue of such loss or damage, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, if the title agent insures adverse matters pursuant to Section 627 784~i, FS. as amended, the escrow and closing procedure required by this Standard shall be waived. Unless waived as set forth above the following closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reccnve? the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund, Buyer shall take title as is, wa~vin9 ali nghts: against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale O. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them 1o deposal them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold ti~e subiect matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of th~. parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agenl may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extem of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpteads the subi~- atte~ of the escrow, Agent' shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or Jent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller ct ~tems subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of thts Contract, the prevailing party ~n such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, FS, as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon I~quidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be rekeved of all obligations under this Contract; or Seller at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of BJyer deposit(s) without thereby waiving any action for damages resulting from Seller's breach T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any ~ ~- records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shail include plural and one gender shall include all. Notice and delivery g~veo by or to the attorney or broker representing any party shall be as effective as if given by or tc that party. All notices must be in writing and may be made by mail, personal delivery or electronic media A legible facsimile copy of this Contract and signatures hereon shall be considered for all purposes as an original. U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property sba!l, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract Nc modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be ~ound b!,' it W. SELLER DISCLOSURE: There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or wh~cl have not been disclosed to Buyer. X. PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall mainta, the Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear excepted. Seller shall upon reasonable notice, provide utilities serwce and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to con~irn that all items of Personal Property are on the Real Property and, subject to the foregoing, that all required repairs and replacements have been made. and tha the Property has been maintained as required by this Standard. All repairs and replacements shall be completed in a good and workmanlike manner accordance with all requirements of law, and shall consist of materials or items of quality, value, capacity and performance comparable to, or better '' "n. tha existing as of the Effective Date. Seller will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the. , open'., under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the Exchange. inc!udin~ the execution of documents; provided (1) the cooperating party shall incur no liability or expense related.to the Exchange and (2) the Closing shall not b( contingent upon, nor extended or delayed by, such Exchange. ~ ] ~ (~ FAR/BAR-7s Rev. 7/04 © 2004 Florida Association of REALTO~'.~~ ~d The Florida Bar All Rights Reserved Page 1 of 4 ("Buyer") 3 agree to sell and buv~n the terms and conditions specified below the property described as: 4' Address: ~' ~" /I 5' County: 6' Legal Description: 8 together with all improvements and a~ached items, including fixtures, built-in furnishings, built-'in a~pliances~ c~li~g ~a%s, light 9 figures, attached wall-to-wall carpeting, rods, draperies and other window coverings. The only other items included in the purchase are: 11' 12" is' The following attached items are excluded from the purchase: 14' 45 The real and personal property described above as included in the purchase is referred to as the "Property." Personal property listed ~6 in this Contract is included in the purchase price, has no contributory value and is being left for Seller's convenience. 17 PRICE AND FINANCING 48- 2. PURCHASE PRICE: $. payable by Buyer in U.S. currency as follows: 49- (a) $ JCI~'~/ibO~) Deposit received (checks are subject to clearance) /0/., OE.~) , by 20' for _~0". ~'h -°~:t,5/~£/1 /"//lt,~,~ T, ¢'-/~ ("Escrow Agent") 21 Signature Name of Company 22" (b) $ !O/~ Additional deposit to be made by , __ or 7 days 23 from Effective Date. 24* (C) Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) 25' (d) $ Other: 26" (e) $ ! ~7~-, O D/_) Balance to close (not including Buyer's dosing costs, prepaid items and prorations). All funds paid ~z '-'1 at closing must be paid by locally drawn cashier's check, official bank check, or wired funds. 3. FINANCING: (Check as applicable))l~ (a) Buyer will pay cash for the Property with no financing contingency. 29- [~1 (b) This Contract is contingent on Buyer qualifying for and obtaining (1) and/or (2) below (the "Rnancing'3 by 3o' __ (if left blank then Closing Date or within 30 days from Effective Date, whichever occurs first) ("Financing Period"): 3~* Q (1) A commitment for new F_I conventional Q FHA C) VA financing for $ or __% of the purchase price (plus 32 any applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan costs (if FHA or VA, see attached addendum). 33* ~1 (2) Approval for Seller financing or assumption of mortgage (see attached addendum). 34' Buyer witl apply for Financing within __ days from Effective Date (5 days if left blank) and will timely provide any and all credit, 35 employment, financial and other information required by the lender. Either party may cancel this Contract if (i) Buyer, after using 36 diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the commitment by ~7 the Closing Date, or (ii) the Financing is denied because the Property appraises below the purchase price and either Buyer elects aa not to proceed or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer will return all Seller-provided 3a title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent____receives proper 4o authorization from all interested parties. 4~ CLOSING 42' 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on 43 ("Closing Date"), unless extended by other provisions of this Contract. The Property will be swept clean and Seller's personal items 44 removed on or before Closing Date, If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days 45 after the insurance suspension is lifted. 46 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by 47 electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of 48 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 49 19. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 5o (a) Seller Costs: Seller will pay taxes and surtaxes on the deed and recording fees for documents needed to cure title; certified, s~ confirmed and ratified special assessment liens and, if an improvement is substantially completed as of Effective Date, an 52* amount equal to the last estimate of the assessment; up to % (1.5% if left blank) of the purchase price for repairs to -3' warranted items ("Repair Limit"); and up to __% (1.5% if ieft blank) of the purchase price for wood-destroying organism ~' treatment and repairs ("Termite Repair Limit"); Other: 55- Buyer (__) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 6 Pages. FAR-6 Rev, 10/00 ©2000 Florida Association of R~N.TORS® All Rights Reserved 8183 H 56 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording fees on the deed and financing 57 statements;,J,oan expenses; pending special assessment liens; lender's title policy; inspections; survey; flood insurance; 58' Other: f~dLj,¢_,- ~-¢ ?~? (-}/'( C'/D,~,f/~l ~'~'~'¢%<, 59 (C) Title Evidence and Insurance: Check (1) or (2): -/ 6o* ELI (1) Seller will provide a Paragraph 10(a)(1) owner's title insurance commitment as title evidence. Q Seller F_.J Buyer will 6~' select the title agent. F_'I Seller Q Buyer will pay for the owner's title policy, search, examination and related charges. 62 Each party will pay its own closing fees. 63' [~ (2) Seller will provide title evidence as specified in Paragraph 10(a)(2). Q Seller ~1 Buyer will pay for the owner's title 64 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien 65 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. 66 (d) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real 67 estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of 68 the Property. If taxes and assessments for the current year cannot be determined, the previous year's rates will be used with 69 adjustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership. 7o (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require 71 Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. 72* (~ Home Warranty: 'Q Buyer [;2;I Seller rj N/A will pay for a home warranty plan issued by at a 73* cost not to exceed $ . A home warranty plan provides for repair or replacement of many of a home's mechanical 74 systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. 75 PROPERTY CONDITION 76" 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by 77' __ (within 10 days from Effective Date if left blank) ("inspection Period"); the wood-destroying organism inspection by 78- (prior to closing, if left blank); and the walk-through 79 inspection on the day before Closing Date or any other i'ime agreeable to the parties. 8o 7. REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any facts that materially affect the value of 81 the Property, including violations of governmental laws, rules and regulations, other than those that Buyer can readily observe or that are known by or have been disclosed to Buyer. 83 (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System brochure. If this is a 84 new home, the builder's FL-EPL card is attached as an addendum. 85 (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 86 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 87 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 68 obtained from your county public health unit. Buyer may, within the inspection Period, have an appropriately licensed person e9 test the Property for radon. If the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon 9o level to an acceptable EPA level, failing which either party may cancel this Contract. (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood 92 zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding 93 in the event of casualty. If the Property is in a Special Flood Hazard Area or Coastal High Hazard Area and the buildings are built 94 below the minimum flood elevation, Buyer may cancel this Contract by delivering written notice to Seller within 20 days from 95 Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property. 96 (d) Homeowners' Association: If membership in a homeowners' association is mandatory, an association disclosure 97 summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 98 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 99 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until ~00 closing, except for normal wear and tear ("maintenance requirement") and repairs required by this Contract. Seller will provide ~04 access and utilities for Buyer's inspections. Buyer will repair all damages to the Property resulting from the inspections and ~02 return the Property to its pre-inspection condition. If Seller is unable to complete required repairs or treatments prior to ~03 closing, Seller will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seller will assign all 404 assignable repair and treatment contracts to Buyer at closing. ~05 (a) Warranty, Inspections and Repair: 406 (1) Warranty: Seller warrants that non-leased major appliances and heating, cooling, mechanical, electrical, security, 407 sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and wilt be maintained in working ~08 condition until closing; that the structures (including roofs) and pool, if any, are structurally sound and watertight; and 4o9 that any open permits for the Property have been closed out and final inspections will be obtained before the Closing ~0 Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted ~: from a defect in a warranted item. Seller is not obligated to bring any item into compliance with existing building code 1:2 regulations unless necessary to repair a warranted item. "Working condition" means operating in the manner in which 443 the item was designed to operate and "cosmetic conditions" means aesthetic imperfections that do not affect the 8183 I ~4~' Buyer(__)( ) and Seller (__) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Florida Association of REALTORS® All Rights Reserved 115 working condition of the item, including pitted marcite; missing or torn screens other than missing pool cage or screen room screens; fogged windows; tears, worn spots and discoloration of floor coverings/wallpapers/window treatments; 117 nail holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tile/fixtures/mirrors; and minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors. (2) Professional Inspection: Buyer may have warranted items inspected by a person who specializes in and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain 121 the items inspected ("professional inspector"). Buyer must, within 5 days from the end of the Inspection Period, deliver 122 written notice of any items that are not in the condition warranted and a copy of the inspector's written report, if any, to 123 Seller. If Buyer fails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listed in 124 subparagraph (a) in their "as is" conditions, except that Seller must meet the maintenance requirement. 125 (3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up 126 to the Repair Limit. Seller may, within 5 days from receipt of Buyer's notice of items that are not in the condition 127 warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the 128 first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will 129 choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to 130 repair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner by an appropriately licensed person. If the cost to repair warranted items exceeds the Repair Limit, either party may 132 cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to 133 Seller not exceeding the Repair Limit and accepts the balance of the Property in its "as is" condition. 134 (b) Wood-Destroying Organisms: "Wood-destroying organism" means arthropod or plant life, including termites, powder-post ~35 beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. 136 Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to 137 determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. If the 138 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 139 days from the date of the inspection. Seller is not obligated to treat the Property if all the following apply (i) there is no visible live 140 infestation, (ii) the Property has previously been treated, and (iii) Seller transfers a current full treatment warranty to Buyer at 141 closing. Otherwise, Seller will have 5 days from receipt of the inspector's report to have reported damage estimated by a 142 licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have 143 treatments and repairs made by an appropriately licensed person at Seller's expense up to the Termite Repair Limit. If the cost 144 to treat and repair the Property exceeds the Termite Repair Limit, either party, may pay the excess, failing which either party may 145 cancel this Contract. If Buyer fails to timely deliver the inspector's wdtten report, Buyer accepts the Property "as is" with regard 146 to wood-destroying organism infestation and damage, subject to the maintenance requirement. (c) Walk-through Inspection: Buyer may walk through the Property solely to verify that Seller has made repairs required ,8 by this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through 149 inspection. If Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilled. 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within 151 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller's expense, ~52 restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time, Buyer 153 may accept the Property "as is" with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which 154 either party may cancel this Contract. 155 TITLE 156 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or ~57 guardian deed as appropriate to Seller's status. 158 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with ~59 current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential ~60 use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government ~6~ regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assumel and 162 encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of 163 the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in 164 Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 165 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 166 subject only to title exceptions set forth in this Contract. 167 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 168 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 169 Property recorded in the public records of the county where the Property is located and certified to Effective Date. ~70 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 171 insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 172 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 173 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 174 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. m (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of ; title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 8183 J 177' Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Florida Association of REALTORS(~) A~[ Rights Reserved 233 234 235 236' Buyer ( ) ( FAR-6 Rev. 10/00 178 receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the defects 179 within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing 180 Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the ~84 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of m2 Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. m3 (c) Sur~ey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 184 Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the ~ 85 Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation wilt be treated 486 in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) ~87 above. If any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or :88 survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in wdting. MISCELLANEOUS 189 490 11. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs the ~9~ latest offer. Time is of the essence for all provisions of this Contract. Ali time periods will be computed in business days (a 192 "business day" is every calendar day except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, 193 Sunday or national legal holiday, performance will be due the next business day. AIl time periods will end at 5:00 p.m. local 194 time (meaning in the county where the Property is located) of the appropriate day. 495 12. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure 196 to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will 197 render that contingency null and void and the Contract will be construed as if the contingency did not exist. 198 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 199 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 2oo Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, 20~ initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 203 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 2o5 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 206 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 207 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 2o8 DEFAULT AND DISPUTE RESOLUTION 209 15. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller 240 fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right 211 to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for the full amount of the 212 brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all 213 deposits, Seller may choose to retain and collect ali deposits paid and agreed to be paid as liquidated damages or to seek specific 214 performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be 2~5 split equally among cooperating brokers) up to the full amount of the brokerage fee. 216 16. DISPUTE RESOLUTION: This Contract will be construed under Flodda law. All controversies, claims and other matters 217 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 218 (a) Disputes conceming entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the 219 date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent wili 220 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 221 Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 222 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 223 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration 224 in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not 225 provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact 226 and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the 227 Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real 228 estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to 229 become a party to the proceeding. This clause will survive closing. 230 (C) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 231 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 232 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by ) and Seller (__) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 6 Pages. ©2000 Florida Association of REALTORS® /MI Rights Reserved 8183 K 237 parties. Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and will equally 238 split the arbitrators' fees and administrative fees of arbitration. 239 ESCROW AGENT AND BROKER ~ 17. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, .-,~ subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including 242 disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to 243 Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent 244 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 248 reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in 246 favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 247 18. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to vedfy all facts and representations that 248 are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 249 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) and 25o for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the 25~ Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records 252 unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors 253 and governmental agencies for verification of the Property condition, square footage and facts that materially affect Property 284 value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all levels, incurred by 255 Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement 256 or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, 257 agents and employees from all liability for toss or damage based on (1) Buyer's or Seller's misstatement or failure to perform 258 contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the scope of services 259 regulated by Chapter 475, ES., as amended, including Broker's referral, recommendation or retention of any vendor; (3) products 26o or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for 26~ selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes 262 of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 263 19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 264 acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: Seller 5 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage ,68 agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the 267 escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. 268' 269 Real Estate Licensee Real Estate bbensee 270* 271' Broker / Brokerage fee: ($ or % of Purchase Price) Broker / Brokerage fee: ($ or % of Purchase Price) 272' 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if applicable): 275' F'~ A. Condo. Assn. 276* [~1 B. Homeowners' Assn. 277" ~ C. Seller Financing 278' [~ D. Mort. Assumption 279' ~1 E. FHA Financing 280' {21 F. VA Financing El G. New Mort. Rates Q M. Housing Older Persons El H. As Is w/Right to Inspect Q N. Unimproved/Ag. Prop. F'j I. Self-Inspections D O. Interest-Bearing Account El J. Insulation Disclosure Q P. Back-up Contract mj K. Pre-1978 Housing Stmt. (LBP) ~1Q. Broker - Pers. Int. in Prop. ~ L. Flood Insurance Reqd. El R. Rentals ~ S. Sale of Buyer's Property F...'I T. Rezoning UI U. Assignment El V. Prop. Disclosure Strut. Q Other E3 Other 281' 21. ADDITIONAL TERMS: 282" 283' 284" 285' 286' 287' 288' 089- 0* Buyer (__) ( FAR-6 Rev. 10/00 ii,Sin7 8183 L ) and Seller ( ) (__) acknowledge receipt of a copy of this page, which is Page 5 of 6 Pages. ©2000 Florida Association of REALTORS® All Rights Reserved 292' 293* 294' 295* 296' 297' 298' 299' 300' 301' 302* 303* 304* 305' 306* 307* 308' 309' 310' 311' 312' 313' 314' 315' 316' 317 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attomey prior to signing. 3t8 OFFER AND ACCEPTANCE 319' (Check if applicable: Q Buyer received a written real property disclosure statement from Seller before making this Offer.) 320 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy 321' delivered to Buyer no later than ~1 a.m. F~ p.m. on , this offer will be revoked 322 and Buyer's deposit refunded subject to clearance of funds. Buyer'. ~ .~ ~t//~'Z.,~'~f~~ ID/SSN: 323'324. Date: ¢,~._ o'~;~ -O_~ Printname: -- _~u~~)~,'~ 325' Date: Buyer: Tax tD/SSN: 326* Print name: 327* Phone: Address: 329-330. Date: 7'-O ¢- . . .: -- .. . ..'_ :_'-- Tax DXSS : 331' Date: Seller: Tax ID/SSN: 332* Print name: 333* Phone: Address: 334' Fax: 335* ~ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a copy 336- of the acceptance to Seller by 5:00 p.m. on , __). Q Seller rejects Buyer's offer. 337*I Effective Date: (The date on which the last party signed or initialed acceptance of the final °ffer-) 338' Buyer (__) ( ) and Seller (__) (__) acknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The Florida Association of REALTORS and local Board/Association of REALTORS make no representation as to the legal validify or adequacy of any provision of this fon'n in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industr~ and is not intended to identify the user as a R-EALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means ir~luding facsimile or computerized forms. FAR~6 Rev. 10/00 ©2000 Florida Association of REALTORS® All Rights Reserved 8183 M THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR 3 4 5 6* 7* 8* 9* 10 11 12' L, PARTIES: ,., t , ~ereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): I. DESCRIPTION: (a) Legal description of the Real Property located in ~)¢~.~.,, ~'~,.~.~ County, Florida: "Seller"), ~yer"), "Property") (b) Street address, city, zip, of the Property: '~ O ~ ~ L~ !O?~ ,O, I/b- (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless specifically excluded below. ~-~ I ~"~-~ ~,~ ~ ~ ~ ~' Other items included are: 1 3* 14' 15' Items of Personal Property (and leased items, if any) excluded are: 16' II. 17 18' 19' 20* 21' 22* 23 24* 25 III. 26 27* 2a 31 32 33 IV. 34* 35* 36* 37* 38* 39 4O 41 42 43 44 45 46 47 48* 49* 50* V. PURCHASE PRICE (U.S. currency): ........................................................... $~ ~ ~' GO O PAYMENT: ~¢ '"'"' (a) Deposit held in escrow by ~..,~N'~.~.. \ ,, 't ~. (Escrow Agent) in the amount of (checks subject to clearance) $ ~ 0 t O O O (b) Additional escrow deposit to be made to Escrow Agent within __ days after Effective Date (see Paragraph III) ~n the amount of ........................................................................ $. ~ (c) Financing (see Paragraph IV) in the amount of ............................................................. $. ~ (d) Other .......................................................................... $ "'"' (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations ................................................................................ Gl -~"' OOO TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUNTEROFFER IS DELIVERED. (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer. If such date is not otherwise set forth in this Contract then the "Effective Date" shall be the date .determined above for acceptance of this offer or, if applicable, the final ~ounteroffer. ,,~aANCING: ) This is a cash transaction with no contingencies for financing; Q (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within ___ days (if blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): Q a fixed; L~ an adjustable; or O a fixed or adjustable rate loan, in the principal amount of $ at an initial interest rate not to exceed .%, discount and origination fees not to exceed % of principal amount, and for a term of __ years. Buyer will make application within __ days (if blank, then 5 days) after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by Loan Approval Date: satisfy terms and conditions of the Loan Approval; and close the Joan. Loan Approval which requires a condition related to the sale of othe~ property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. If Buyer does not delive~ written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing contingency, ther either party may cancel th.i_.s Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7) days prior tc Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this financin{. contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer shall b~ refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by Closing of those conditions of Loan Approval related to the Property; L.I (c) Assumption of existing mortgage (see rider for terms); or Q (d) Purchase money note and mortgage to Seller (see Standards B and K and riders; addenda; or special clauses for terms). TITLE EVIDENCE: At least --~ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instrument: 51 listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) sha 52 be obtained by: 53* (CHECK ONLY ONE): ~J (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 54* ~ (2) Buyer at Buyer's expense. 55* (CHECK HERE): gl If an abstract of title is to be furnished instead of title insurance, and attach rider}for ter{"ns. ~'~* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on ~ ~ ~ ~ ~0.~ ("Closing"), unles modified by other provisions of this Contract. tf Buyer is unable to obtain Hazard Wind Flood or Home~vnersrinsurance at a reasonable rat b5 due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zonin(. 60 restrictions, prohibitions and other requirements imposed by .qovernmental authority; restrictions and matters appearing on the plat or otherwis 8183 N FAR/BAR-7s Rev. 7/04 © 2004 Florida Association of REALTORS® and The Florida Bar Ail Rights Reserved Page 1 of 4 _ , ............ ~,~,o ,,~, ,~¢.. ~.,,~,~.,~r :y r~r-es eric r'o' mor¢~ "~ar' i.¢ '~ 'eet in wic"% es *o "he rear or Cront lines and 7 ','z'~ feet in width as to tine side 63 lines); taxes for year of Closng and subsequent yearsl and assJmec mortgages anc purchase money mortgages, ff any (if additional ~tems, see 64 addendum); provided, that there exists at Closing no violation of the fcrego~ng and none prevent use of the Property for 65* purpose(s). 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 67 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F 68 If occupancy ,s to be delivered before Closing, Buyer assumes all risks of loss to P'operty from date of occupancy, shall be responsible and 69 fo~' maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRrFrEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all p ..... ed 71 prowsions of this Contract in conflict with them. 72* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer LI may assign and thereby' Pe re!eased from any further liability under this Contract; '..1 may 73* assign but not be released from liability under this Contract; or Q may not assign this Contract. 74 Xl. DISCLOSURES: 75* (a) Q CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which 76* continue beyond Closing and, if so, specify who shall pay amounts due after Closing: ~21 Seller Qi Buyer Q Other (see addendum). 77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to 78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been round in buildings in Florida. 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S. 83 (e) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 86 ASSOCIATION/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT 88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP 89 OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 90 YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XlI. MAXIMUM REPAIR COSTS: Seller shatl not be responsible for payments in excess of: 92* (a) $ _for treatment and repair under Standard D (if blank, then 1.5% of the Purchase Price). 93* (b) $ _for repair and replacement under Standard N not caused by Wood Destroying Organisms (if blank, then 1.$% 94 of the Purchase Price). gS* XlII. HOME WARRANTY: !LI Seller I,i Buyer L.i N/A will pay for a home warranty plan issued by 96* at a cost not to exceed $ 97 XIV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Co, 98' [3 CONDOMINIUM ILl VA/FHA ~1 HOMEOWNERS' ASSN. Li LEAD-BASED PAINT [J COASTAL CONSTRUCTION CONTROL LiNE 99* :J INSULATION ~1 "AS IS" ~ Other Comprehensive Rider Provisons Ci Addenda !00' Special Clause(s): .... I01 * ' ................ 103' 104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A 105 through Y on the reverse side or attached, which are incorporated as part of this Contract. 106 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, !07 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS~- AND THE FLORIDA BAR. ~09 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties ~n a 1 !0 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining I11 positions of all interested persons. 51Z 1OS- 14 (BUYER) (DATE) (SELLER) (DATE) 15' 16 (BUYER) 17* Buyers' address for purposes of notice 18' 19' (DATE) (SELLER) Sellers' address for purposes of notice (DATE) Phone Ph- 20 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connect~or 21 this Contract: 22' Name: 8 1 83 O 23 Cooperating Brokers, if any Listing Broker FAR/BAR 7s Rev. 7/04 [Riders can be obtained from Florida Lawyers Support Services, Inc. (FLSSI) {407) 515-1501 ] Page 2 of 4 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved 125 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, an 126 owr~er's policy of title ~nsurance ~n the amount of the purchase pnce, insuring Buyer's marketable title to the Real Property, subject only to matters contained in 127 Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopted by 128 authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and if title is found defective, 129 notify Selle~ in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer 130 shall, within 5 days a~er expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days 13t within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so notify t 32 3r, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time 133 . vided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing 134 Buyer and Seller from alt further obligations under this Contract. If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, 135 Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this Standard. 136 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 137 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 138 in whole or in pad without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 139 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a 140 standard modgagee clause covering all improvements located on the Real Properly against fire and all perils included within the term "extended coverage 141 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 142 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in 143 mortgages, modgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein 144 the Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement 145 evidenced by recorded or filed financing statements or certificates of title. If a balloon modgage, the final payment will exceed the periodic payments thereon. 146 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified 147 by a registered Florida surveyor. If the survey discloses encroachments on the Real Properly or that improvements located thereon encroach on setback lines, 148 easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 149 D. WOOD DESTROYING ORGANISMS: "Wood Destroying Organisms" (WDO) shall be deemed to include all wood destroying organisms required to be repoded 150 under the Florida Structural Pest Control Act, as amended. Buyer, at Buyer's expense, may have the Property inspected by a Florida Certified Pest Control Operator t 51 ("Operator") within 20 days after the Effective Date to determine if there is any visible active WDO infestation or visible damage from WDO infestation, excluding fences. t 52 If either or both are found, Buyer may within said 20 days (1) have cost of treatment of active infestation estimated by the Operator; (2) have alt damage inspected 153 and cost of repair estimated by an appropriately licensed contractor; and (3) repod such cost(s) to Seller in wdting. Seller shall cause the trealment and repair of all 154 WDO damage to be made and pay the costs thereof up to the amount provided in Paragraph Xtl(a). If estimated costs exceed that amount Buyer shall have the 155 option of canceling this Contract by giving written notice to Seller within 20 days after the Effective Date, or Buyer may elect to proceed with the transaction and 156 receive a credit at Closing equal to the amount provided in Paragraph Xll(a). If Buyer's lender requires an updated WDO repod, then Buyer shall, at Buyer's expense, 157 have the opportunity to have the Property re-inspected for WDO infestation and have the cost of active infestation or new damage estimated and repoded to Seller 158 in writing at least 10 days prior to Closing, and thereafter, Seller shall cause such treatment and repair to be made and pay the cost thereof; provided, Seller's total 159 obligation for treatment and repair costs required under both the first and second inspection shall not exceed the amount provided in Paragraph Xll (a). 160 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 161 in Paragraph Vtl hereof and title to the Real Property is insurable in accordance with Standard A without exception for lack of legal right of access. ~ 62 EASES: Seller shall, at least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature 163 u duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each 164 tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact 165 tenant to confirm such information. If the terms of the leases differ materially from Seller's representations, Buyer may terminate this Contract by delivering 166 written notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer. 167 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, 168 claims of lien or potential henors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days 169 immediately preceding date of Closing If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 170 hens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of afl such general 171 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 172 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 173 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Properly is located at the office of the attorney or other closing agent ("Closing 174 Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 175 I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided 176 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 177 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, 178 tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements 179 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Ail costs of Buyer's loan (whether obtained ~ 80 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any modgage assumed, 181 mortgagee title ~nsurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by 182 Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and 183 closing fee (including preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. 184 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 185 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be 186 increased or decreased as may be required by prorations to be made through day prior to Closing. or occupancy, if occupancy occurs before Closing. Advance 187 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based or~ the current 188 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's 189 millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's miliage. If current year's 190 assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of 191 Closing, which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable 192 'essment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking ~9~ account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill 194 ~n. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph Xl(a), certified, confirmed and ratified special assessment liens imposed by public bodies 195 as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been substantially completed as of !96 Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last estimate i97 or assessment for the improvement by the public body. 8]83 ~P FAR/BAR-7s Rev 7/04 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page 2 of 4 1 99 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 22O 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 ~, I/.~I~IU/AI'tI~ I"UI'~ I~lr.~L r.~ I/~.1 r.. I i'~/~.1~1~,~/.I.~,; I IUl~l~ ~.~Ul~l I Ir~lUe"u) N. INSPECTION AND REPAIR: Seller warrants that the ceiling, roof (including the fascia and soffits), exterior and interior wails, foundation, and dockage the Property do not have any visible evidence of leaks, water damage, or structural damage and that the septic tank, pool, all appliances, mechanical items. heating, cooling, electrical, plumbing systems, and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may inspect, or, at Buyer's expense, have a firm or individual specializin9 in home inspections and holding ar-, occupational license for such purpose (if required), or by an appropriately licensed Florida contractor, make inspections of, those items within 20 days afte~ the~ Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defr'^*s not reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount F d ~c Paragraph XII (b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller ~s responsible to. v~,a~r or replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XII (b), Buyer or Seller may elect to pay such excess, failing which either pady may cancel this Contract. If Seller is unable to correct the defects prior to Closing, the cost thereof shall be paid into escrow at Closing For purposes of this Contract: (1) "Working Condition" means operating in the manner in which the item was designed to operate; (2) "Cosmetic Condition" means aesthetic imperfections that do not affect the Working Condition of the item, including, but not limited to: pitted marcite or other pool finishes; missing or torn screens: fogged windows; tears, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking in ceilings, walls, flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks: and (3) cracked roof tiles, curlinr~ or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage structural damage, but missing tiles will be Seller's responsibility to replace or repair. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5% of the Purchase Price, cos' of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing If th~ cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with either the 1 5% or any insurance proceed; payable by virtue of such loss or damage, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all fudher obligations under this Contract P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If the title agent insures adverse matters pursuant to Section 627 7841. FS as amended, the escrow and closing procedure required by this Standard shall be waived. Unless waived as set fodh above the following closing procedure.~ shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) if Seller's title is rendere(; unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of rece~p of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Pro'.~erty, vacate the Real Property and reconve,, the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund, Buyer shall take title as ~s, waiwng all right against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to depos~ them promptly, hold same in escrow and, subiect to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shal not excuse Buyer's performance, if in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold subject matter of the escrow until the padies hereto agree to its disbursement or until a iudgment of a court of competent iurisdiction shall determine the rights of th~ parties, or Agent may deposit same with the clerk of the circuit court having iurisdiction of the dispute. An attorney who represents a party and also acts as Ager may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the exten of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, FS., as amended Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subip~'' matte of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or alen and charged and awarded as coud costs in favor of the prevailing party The Agent shall not be liable to any party or person for misdetiven/to Buyer or Sellb .... ~tem: subiect to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party ~n htigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized be Chapte 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's tees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) pa~d b Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration k the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this ¢ontract: or Seller at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketabk after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer' deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any puhh records. This Contract shall bind and inure to the benefit of the padies and their successors in interest Whenever the context permits, singular shall includt plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as il given by or h that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this Contract and an. signatures hereon shall be considered for all purposes as an original. U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, a~ appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at tm request of Buyer, be transferred by an absolute bill of sale with warranty of title, subiect only to such matters as may be otherwise provided for here~n V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract N modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound b7 it W. SELLER DISCLOSURE: There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Bu,/er or whi~ have not been disclosed to Buyer. X. PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall ma,nta, the Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary, wear and tear excepted. Seller shal upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing. to eonflm that all items of Personal Property are on the Real Property and, subject to the foregoing, that all required repairs and replacements have been made, and fha the Property has been maintained as required by this Standard All repairs and replacements shall be completed in a good and workmanlike manner accordance with all requirements of law, and shall consist of materials or items of quality, value, capacity and pedormance comparable to, or better th:~n thc: existing as of the Effective Date. Seller will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to tr,. open under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the Exchange. includ~n! the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not contingent upon, nor extended or delayed by, such Exchange. 8 ]. 8~ I~ FAR/BAR-7s Rev. 7/04 © 2004 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page 1 of 4 Appraisal Properties 8183 R I irt. = 100.0 Ioel V. Public Audience 8184 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing 8185 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. l'he CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. TO: TH RU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONING DIVISION MEMORANDUM NO. PZ 05-0:L7 STAFF REPORT Chair and Members Community Redevelopment Agency and City Commission Michael Rumpf Planning and Zoning Director Eric Lee ]ohnson, AICP Planner February 2, 2005 Boynton Beach Lofts / NWSP 005-008 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Mr. Louis F. Mascia / Boynton Motel, LLC Mr..lames A. Seifert / Addison Properties of South Florida, Incorporated Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated 623 South Federal Highway Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use-Low (MU-L) Office: 13,354 square feet Retail: 5,364 square feet Residential: 48 condominium units 52,542 square feet (1.21 acres) 8186 Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 2 East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Right-of-way for Southeast 4TM Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). PROPERTY OWNER NOTZFTCATI'ON Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Hr. Bradley Hiller, AICP, agent for the property owner (Boynton Hotel, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (1)-story motel building and related parking areas. The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers with an interior parking garage. The parking garage would be two (2) stories, the west tower would be five (5) stories, and the east tower, proposed along Federal Highway, would be six (6) stories. Approval of this project is contingent upon the approval of the accompanying request to amend the Future Land Use Hap and rezone (LUAR 05-003) the property from Community Commercial {C-3) to Mixed-Use Low (MU-L). The HU-L zoning district is appropriate for Iow to mid-rise development that provide for medium density residential uses. The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001) because as proposed, a portion of the building would exceed the 75-foot height threshold (see Exhibit"C"- Conditions of Approval). As of today, this project represents the third "mixed-use" type of development for the City within the newly created MU-L zoning district. The project is to be built within one (1) phase with an anticipated completion date of January of 2007. ANALYSIS Concurrency: Traffic: 8187 Generally, anticipated project traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). The traffic study for the project was reviewed and approved by the Palm Beach County Traffic Division. Based on the Traffic Division's review, it has been determined that the residential portion of the proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County and the non-residential portion meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2008 (see Exhibit "C" - Conditions of Approval). The County traffic concurrency approval is subject to the Project Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 3 Utilities: Police/Fire: Drainage: School: Driveways: 8188 Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The planned purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projected to a total of 22,981 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire- flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 11,629 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate the projected resident children. The project can be characterized by "urban / infill" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The plans show that a parking garage would provide for the off-street parking spaces and it is intentionally proposed as a hidden structure within the core of the project, unseen from the roadways. Also, the project is not proposing traditional driveways and surface parking lots like "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). The site plan shows that vehicles would enter the site from two (2) points of entry. Pursuant to staff's recommendation, the project proposes only one (1) point of egress. The main entrance is proposed on Federal Highway and the alternate is proposed on Southeast 4th Street. Although not scaled, the vehicular entrance proposed on Federal Highway would be nearly 12 feet in width. The drive aisle, which would be separate from the pedestrian entrance, would run in an east-west direction and connect to the interior parking garage. This entrance would also provide an alternate means of emergency ingress to the interior parking garage should the other opening be obstructed. This opening would not violate the HU-L regulations (to discourage mid-block openings) because the intent of the code was to discourage the typical off-street surface parking lots located in front of buildings visible from the roadway; a common characteristic of suburban-type projects. The proposed parking areas are interior to the site and will be discussed in the following section of this staff report. The subject property is a mid-block lot. Had it been located on a corner, staff would have recommended against an opening onto Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 4 Parking Facility: Landscaping: Federal Highway. As previously mentioned, the only point of egress would occur at the rear of the project, on Southeast 4th Street. This opening, which would also serve as the alternate point of ingress, would be approximately 23 feet in width. As a point of egress, it would allow for only right-turn vehicular traffic movement onto Southeast 44th Street subsequent to the proposed right-of-way (storm water) improvements to the roadway. Off-street parking for the proposed HU-L zoning district must meet the requirements in Chapter 2, Section 11.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, retail, and office uses. One- bedroom apartment units require one and one-half (11/2) parking spaces. Two bedroom apartment units require two (2) parking spaces. The project proposes 48 dwelling units (a mixture of one and two bedrooms), requiring 85 parking spaces. Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of gross leasable floor area. For this project, a total of 26.8 parking spaces would be required for the retail uses. Office uses require one (1) parking space per 300 square feet of gross floor area. The project proposes 13,354 square feet of office and therefore, would require 44.5 parking spaces. In conclusion, under these standardized parking methodologies, a total of 156 parking spaces would be required. However, the project would only provide a grand total of 119 parking spaces, a deficiency of 37 spaces. Because the applicant is simultaneously requesting to rezone the property from Community Commercial (C- 3) to the Mixed Use-Low (MU-L), the project would be permitted to utilize the Urban Land Institute's (ULI) Shared Parking Table methodology as a basis for calculating the required number of off-street parking spaces. Therefore, based on the Shared Parking Table, the proposed uses and their respective building areas would require a grand total of 116 parking spaces. No on-street parking spaces are proposed for this development. As previously mentioned, the plans propose a two (2)-story parking garage, internal to the development. The garage would be nestled between the five (5)-story tower along Southeast 4th Street and the six (6)-story tower fronting on Federal Highway, and would accommodate up to 119 vehicles. According to the 1st Floor Plan, a total of 44 parking spaces are proposed on the ground floor. Level 2 would provide the remaining 75 spaces. Parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90-degree parking stalls and twelve feet by eighteen feet for handicap spaces In conclusion, the parking garage would provide 119 parking spaces or an excess of three (3) spaces when the ULI Shared Parking Table methodology is utilized. However, it should be noted that the parking could be negatively impacted in the future if the applicant requests medical offices within area designated for "office" use. Medical offices would require additional parking; to be calculated at a ratio of one (1) space per 200 square feet. 8189 The landscape plan shows that 80 palm trees are proposed, of which, 62% would be native species. It also indicates that over 81% of the canopy trees would be native. The landscape plan also proposes :[,674 shrubs / hedges / accents, of Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 5 which, 66% would be native species. The MU-L zoning district requires that at least 20% of the property remains as pervious area. The cover sheet tabular data indicates that the total pervious area would equal 10,519 square feet or 20% of the site. According to the Existing Tree Table, the subject site currently contains 44 existing trees with a total of 124 caliper inches to mitigate. The species consist of the following trees: Rubber Tree, Live Oak, Mango, Sabal palm, Queen palm, and Coconut palm trees. According to the table, 21 trees would remain on-site. The plant material proposed along Federal Highway within the front landscape buffer would be the following: IVledjool, Foxtail, and European Fan palms in conjunction with Trinette, Bouganvillea, and Boston Fern groundcover. The applicant originally proposed Royal Palm trees instead of Foxtail palm trees within this front buffer. However, during the review process, it was determined that Royal palm trees would not be permitted due to the presence of overhead FP&L lines running along the sidewalk. Nonetheless, staff recommends installing two (2) additional Foxtail Palm trees within the front landscape buffer. Also, staff recommends increasing the size of the public space in front of the building along Federal Highway without jeopardizing compliance with the 20% required pervious space and the zoning district's maximum setback requirements (see Exhibit "C" - Conditions of Approval). Generally, the north and south landscape buffers would be similar in terms of width, plant quantity, and plant species. The intent of these buffers primarily, is to soften the look of the parking garage while counting towards the minimum amount of pervious area. Shade and palm trees are proposed within these buffers with foundation landscaping installed in a serpentine arrangement. The plant species proposed within both buffers would include the following: Laurel Oak, Sabal palm, Ixora "Nora" Grant, Redtip Cocoplum, and Silver Buttonwood hedges, and Fakahatchee Grass. The Sabal palm trees would be installed in a group o7 five (5), at varying heights (between 12, 15, and 18 feet of grey wood). Staff recommends that the new clusters of Sabal palms proposed at the southeast, southwest, and northwest corners be install at varying heights between 14 feet to 22 feet (see Exhibit "C" - Conditions of Approval). The landscape buffer proposed along Southeast 4th Street would be minimal in depth, intended primarily to soften the streetscape. The plant material would include the following: Xanadu, Ti plant, Pygmy date palm, Bougainvillea, Tibouchina. No trees are proposed within this buffer. Therefore, staff recommends reducing the width of the awnings and installing Montgomery or Alexander palm trees 14 feet to 16 feet in height within the planter spaces between the doorways and breaks between the windows (see Exhibit "C" - Conditions of approval). 8190 The Pool Area detail shows that landscape material is proposed on the recreation deck above the parking garage. The plans show that a diverse group of plants and trees are proposed on this deck to soften the hardscape environment while Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 6 Building and Site: providing a more tranquil space for the urban dwellers. The plant species include the following: Coconut palm, Ti plant, Cassia, Boston Fern, ~lapanese Fern, and Purple Crinum. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed and proposed project density would be 40 dwelling units per acre. As previously mentioned, the existing motel building would be replaced with the proposed five (5) to six (6)-story mixed-use building. The depth of the parcel extends westward from Federal Highway to Southeast 4th Street. Likewise, the building would encompass the depth of the entire block, which means that it would essentially have two (2) "front" building facades, one that faces Federal Highway, the other, Southeast 4th Street. The taller of the two front facades (six-stories) would front on Federal Highway. The smaller tower (five-stories) would face Southeast 4th Street. These towers are connected together with an internal parking garage. The MU-L zoning district allows for a maximum height of 75 feet. Proposed building heights greater than 75 feet but less than 100 feet are reviewed as conditional uses. The elevations show that the roofline of the building would range from 68 feet to 75 feet in height, which is permitted under the limitations of the zoning district. However, the top portion of an emergency stairwell proposed on the east tower would be 78 feet - two (2) inches in height. The applicant requested a height exception of three (3) feet- two (2) inches. The review of the height exception is discussed in an accompanying staff report (HTEX 05-001). As proposed, the project would require height exception approval rather than conditional use approval because the building height itself is lower than the 75-foot threshold. The building is proposed within close proximity of all the property lines in order to maintain compliance with the maximum setback requirements of the MU-L zoning district. The east (front) setback would vary but would be eight (8) feet - two (2) inches at its narrowest point and 23 feet - 10 inches at its widest point. The code requires the buildings to be close to the property line but to also allow for public gathering and pedestrian areas. Therefore, staff recommends increasing the amount of impervious surface in front of the building with brick-pavers to create more of a public space without jeopardizing compliance with the minimum required pervious surface (see Exhibit "C" - Conditions of Approval). Although the P1U~L allows a zero (0) front setback, an additional 10 feet is required for every 50 feet of .building height above the 45-foot threshold. When looking at the elevation and massing drawing, it appears as though the plans comply with this setback requirement. However, at the time of permitting, the applicant would be required to provide this necessary information on either of the aforementioned plans to ensure compliance with stepback requirements, prior to the issuance of a building permit. If it is determined that the plans do not comply, thereby necessitating a major reconfiguration of the building, then that reconfiguration may be subject to review by the Community Redevelopment Agency and City Commission (see Exhibit "C" - Conditions of Approval). 8]9] The north (side) setback would range between two (2) feet - six (6) inches at its Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 7 Design: narrowest point but would generally be 15 feet - two (2) inches from the south property line. Likewise, the building would be setback six (6) feet- nine (9) inches from the north property line at its narrowest point but would generally setback 14 feet - one (1) inch from the north property line. The building would be setback two (2) feet - four (4) inches from the west property line. Any awnings or balconies projecting over a pedestrian walkway should allow a nine (9) foot vertical clearance (see Exhibit "C" - Conditions of Approval). Generally defined, the Floor-Area-Ratio (F.A.R.) is a ratio between a project's total proposed floor area (for all levels) divided by the size of the parcel. The allowable F.A.R. for properties located within the MU-L zoning district and fronting on a major arterial, such as Federal Highway is between 1.5 and 2.0. This project's proposed F.A.R. would be 1.82. This figure excludes the parking garage area. The proposed building composition would be as follows: Residential - 61,035 square feet; Retail - 5,364 square feet; Office - 13,354 square feet; and Parking Garage - 47,921 square feet. The plans show that the interior parking and office / retail components would occur on the first and second floors only. The condominium units would occur on all subsequent floors. It should be noted that a recreation deck is proposed on top of the parking structure. According to the tabular data, the one (1)-bedroom and two (2)-bedroom units are proposed in a variety of styles and sizes. The smallest one (1)-bedroom unit would be 824 square feet (under A/C) and the largest one (1)-bedroom unit would be 1,038 square feet in area. The smallest two (2)-bedroom unit would be 990 square feet while the largest two (2)-bedroom unit would be 1,447 square feet. No provisions for screen enclosures are proposed on the balconies. The project proposes a service entry driveway off of Southeast 4th Street labeled as "hard trash area" on the site plan. Garbage trucks would enter the site at the northwest corner of the property and empty the single dumpster and compactor. This method of trash removal was reviewed and approved by the Public Works Department. With regards to building mass, the applicant states that the building was designed to minimize impact through the use of intermittent recesses (shadows) and by the use of balconies. According to the applicant, the end result would be a product that is an unusually attractive urban artifact. The 1st floor plan shows parking for bicycles would occur within the parking garage next to the parallel spaces behind the retail space (see Exhibit"C'- Conditions of Approval). Also noteworthy is that the project parking would be virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. Vehicular traffic is contained and tamed within the internal framework of the project. The parking garage would be enclosed but would have decorative openings compliant with Florida Building Code. These openings would resemble large windows. Staff recommends utilizing aluminum grills within the openings to enhance their appearance (see Exhibit"C"- Conditions of Approval). 8 ! 92 The paint color schedule on the elevation sheets indicates that three (3) different Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 8 colors would be used. The paints would be Sherwin Williams Peace Yellow 2857, Caribbean Coral 2854, and Sage 2860. The project also proposes black canvas awnings at street level. Decorative light fixtures would also be placed on the building edifice at street level, where possible. A general intent of Chapter 9 (Community Design Plan) is to ensure that buildings achieve visual unity of character and design concepts, in part, through the use of building colors. However, there are no established noteworthy building colors or architectural themes within the immediate area with which this project should be compatible. Located more than three (3) blocks north of the subject site, the Arches project (NWSP 03-002) is to be painted with multiple colors; some of which would be similar to the colors proposed in this project. Therefore, the proposed colors for this site plan would not be inappropriate, incompatible, or obtrusive. However, staff recommends adding architectural elements and accents to all facades to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval). Signage: Minimal project detail regarding proposed signage was shown with this submittal. In the future, the applicant intends to submit a sign program but for now, the signage would consist of 10-inch tall black foam letters. A note indicates that the style would be "unique to each tenant and in a Art Deco type faced". The letters would be mounted to wall area and secured with silicon adhesive. As presented, the elevations are incomplete when referring to project signage. Therefore, staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 2! of the Land Development Regulations. RECOMMENDATI'ON: Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent rezoning application, height exception request, and all items noted within Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP 05-008\Staff Report.doc 8193 Exhibit 'A'- Location Map 2OO I )4 100 0 200 400 600 8OO IFeet $ EXHIBIT "B" ,/ ? '_prole04t0a. 166 BBL\CDs~BBL-ILL-1 dwg ILL 1 01r21;2005"09 4§ 12 AM 8195 BOYIJTON BEACH LOFT8 623 SOU~l FEDERAL HIGHWAY BOYNTON BEACH - FL 33435-4935 i EXHIBIT "B" I pro~e04~04-166 BBL'~74~BL AIO0 dwg, ii iiJl J lu; / ¥ I~l'j 8196 ; ,_,...Jl'~- BOYNTON BEACH LOFT8 BOYNTON BEACH - EXHIBIT "B" P \_p~ojeO4t04. 66 BBL\CID's~BBL A210 dwc Z 8197 I : I1,1? 4 I J BOYNTON BEACH LOFTS llj~l,li EXHIBIT "B" 8198 ",.' '~ ?~i~' ................... _% P ~_Ptole04104 166 BSLXCO$\BBL-AO01 dwg, Layoutl 01/21~005 10 2913 BOYNTON BEACH LOFTS EXHIBIT "B" D o o o o ® :!it , il 8199 P /_prole04~L~4 166 [3BL~CD s\BBL.A300 dwg 19 28 27 AM BOYNTON BEACH LOFT8 EXHIBIT "B" [] [] 8200 623 S~ ~DERAL HIGHWAY BOSTON BEACH - FL 33435-4935 n EXHIBIT "B" : ' 'i I'I I ~ I 111 - i iil ~--~ ~ IIII ~~ ~ ...................... [ [Im!J~JlJJ!![JJ!l!ll ~ ~¢ ~ Illlljljllllllllllljll 8201 C:\DOCL EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Lofts File number: NWSP 05-008 Reference: 2nd review plans identified as a New Site Plan with a January 18, 2005 Planning and Zoning. Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). 2. At the time of permitting, provide a detail of the interior of the compactor storage room showing compactor guide and stops. PUBLIC WORKS - Traffic Comments: ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and Site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and ~vill be reviewed at the time of construction permit application. UTILITIES Comments: 5. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8202 COA.doc 02/02/05 2 DEPARTMENTS INCLUDE REJECT 7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. The LDR, Chapter 3, Article IV, Section 3(0) requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. 11. The I_DR, Chapter 3, Article IV, Section 3(P) requires a statement be included that utilities are available and will be provided by all other appropriate agencies. This statement is lacking on the submitted plans. 12. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 13. At the time of permitting, add an additional fire hydrant to the plans so that no more than 300 feet of road travel occurs between hydrants. 14. At the time of permitting, the site addresses shall be placed conspicuously on the front of the structure, so the numbers can be seen plainly Site addresses shall be placed conspicuously on the front of the structure, so the numbers can be from the street. Numbers used for residences shall be not less than four inches in height and shall be made of a durable and visible material. Numbers used for commercial and industrial buildings shall not be less than six inches in height. (City Ordinance Chapter 20 Section 16.). 8203 15. At the time of permitting, emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding COA.doc 02/02/05 3 DEPARTMENTS Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None BUILDING DIVISION Comments: 16. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. It cannot be Type V construction as noted on plans. 17. Buildings, structures and parts thereof shall be designed to withstand the minimum ~vind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 18. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 19. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 20. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the subject request. 21. At time of permit review, submit signed and sealed working drawings of the proposed construction. 22. Add to each building that is depicted on the drawing titled site plan and floor plan a labeled symbol that identifies the location of the handicap accessible entrance doors to each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 23. Compliance with regulations specified in the Fair Housing Act regarding handicap accessibility is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 8204 24. At the time of permit review, submit details of reinforcement of walls for the INCLUDE REJECT COA.doc 02/02/05 4 DEPARTMENTS INCLUDE REJECT future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 25. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identi~, the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 26. To properly determine the impact fees that will be assessed for the one-story clubhouse, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will there be any additional deliveries to the site? c. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 28. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 29. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a The full name of the project as it appears on the Development Order and the Commission-approved site plan. 8205 a. If the project is a multi-family project, the building number/s must be COA.doc 02/02/05 5 DEPARTMENTS INCLUDE REJECT provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 30. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 32. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building; b. All shoring and re-shoring procedures, plans and details shall be submitted; c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: 8206 33. As a condition of the issuance of a land development order for residential developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreational purposes and COA.doc 02/02/05 6 DEPARTMENTS INCLUDE REJECT according to the standards and formula in Chapter 1, Article V in the Land Development Code. The preferred method for satisfaction of the Land Development Code is payment of a fee based on the following calculation: 48 Multi-family housing units ~ $656.00 per unit = $31,488.00 34. At the time of permitting, submit detailed irrigation plans for fight-of-way landscaping and site work improvements during the construction document permitting stage, for review and approval by the Parks Division staff. When proposing work in the public rights-of-way, show the location of any existing irrigation lines. In addition, if project proposes pavement on top of any existing irrigation lines, the contractor must encase said lines in PVC Schedule 40 sleeves to protect them from future damage. 35. At the time of permitting, provide as-built plans showing locations of irrigation lines in the rights-of-way to the Parks Division at the close of the construction contract. FORESTERJEN'~ IRONMEN TALIST Comments: 36. The trees numbered 10, 33, 34, 36, and 38 are all mature native species of Live Oak that can be relocated by proper root pruning and moving the trees with proper equipment. 37. The irrigation system design should be low volume water conservation using non-portable water. 38. Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. 39. Trees should have separate irrigation bubblers to provide water directly to the root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 40. Approval of this site plan is contingent upon the accompanying request for land use amendment / rezoning (LUAR 05-003) and Height Exception (tlTEX 05-001). 41. At the time of permitting, on the cover sheet tabular data (sheet A000), substitute the words "variance requested" with "approved per HTEX 05-001" and correct the height to indicate 78 feet - two (2) inches. 8207 42. At the time of permitting, revise the Massing Model (sheet ILL-l) and other applicable sheets to accurately show the roofline of the proposed building. COA.doc 02/02/05 7 DEPARTMENTS INCLUDE REJECT 43. At the time of permitting, revise the Massing Model (sheet ILL-l) or elevations to indicate building stepback compliance of the MU-L zoning district when structures are above the 45-foot threshold. 44. The project meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits may be issue after the build-out date of 2008 without review and approval of the Traffic Division of Palm Beach County. 45. A unity of title may be required. The Building Division of the Department of Development will determine its applicability. 46. Abandonment and rededication of easements must be recorded prior to issuance of a building permit for the project. 47. On the landscape plan, ensure that the plant quantities must match between the tabular data and the graphic illustration. 48. At the time of permitting, on the elevations, show the locations, dimensions, color(s), and type of all proposed wall signage (Chapter 4, Section 7.D.). Submit a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs (including a directional sign indicating location of bicycle parking) as regulated by Chapter 21 of the Land Development Regulations. All proposed signage shall be designed and treated as part of the architecture of the building and color(s) shall be complimentary to the structure on which they are located. No sign permits may be issued until the sign program is approved by staff. 49. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged (Chapter 9, Section 10.F.3.). 50. Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance its beauty. However, the visual effect shall be subtle (Chapter 9, Section 10.F.4.). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (Chapter 9, Section 10.F.5.). At the time of permitting, staff recommends adding architectural lighting to enhance the project. 51. Any awnings or balconies that project over a pedestrian walkway shall provide a vertical clearance of nine (9) feet (Chapter 2, Section 5.F.5.). 8208 52. Staff recommends increasing the size of the new Sabal palm tree clusters proposed at the southeast, southwest, and northeast comer at varying heights COA.doc 02/02/05 8 DEPARTMENTS INCLUDE REJECT between 20 feet and 28 overall feet. 53. Staff recommends installing 14-foot to 16-foot tall Montgomery or Alexander palm trees within the west landscape buffer (in the planter areas) proposed between the doorways and the breaks in the window. 54. Staff recommends installing more brick-pavers within the front plazas in order to increase the size of pedestrian / public gathenng space, thereby meeting the intent of the MU-L zoning district. In' any case, staff determined that there would still be enough room to install two (2) additional Foxtail palm trees within this plaza along Federal Highway. The Foxtail palm trees should be installed at a height of 18 feet to 20 feet. 55. Staff recommends utilizing aluminum framework inside the "window" openings of the parking garage in order to enhance their appearance. 56. Staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building. COMMUNITY REDEVELOPMENT AGENCY Comments: 57. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: 1 Comments: 58. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton kofts\NWSP 05-008\COA.doc 82O9 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENTS ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 5 and April 19, 2005 TYPE OF RELIEF SOUGHT:Request new site plan approval to construct a mixed-use project consisting of 48 dwelling units, 5,364 square feet of retail, 13,354 square feet of office, and a two (2) level parking garage on a 1.21-acre parcel in the Mixed-Use Low Intensity zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 8210 Other DATED: S LPlanning\SHAREDSW'P\PROSECTS/,Boymon LOfls\NWSP 05-00g',DO doc City Clerk TO: THRU: FRO M: DATE: PROJECT: REQU EST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-009 Chair and Members Community Redevelopment Agency Board Eric Lee Johnson, AICP Planner Michael Rumpf Director of Planning and Zoning February 2, 2005 Boynton Beach Lofts / HTEX 05-001 Height Exception of three (3) feet- two (2) inches Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: PROJECT DESCRIPTION Mr. Louis F. Mascia / Boynton Motel, LLC Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated 623 South Federal Highway Local Retail Commercial (LRC) Community Commercial (C-3) Proposed Land Use: Mixed Use (MX) Proposed Zoning: Mixed Use-Low Intensity (MU-L) Proposed Use: Office Retail Residential 13,354 square feet 5,364 square feet 48 condominium units Acreage: 52,542 square feet (1.21 acres) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: East: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 8211 Right-of-way for Federal Highway, then further east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); Page 2 Memorandum No. PZ 05-009 West.' Right-of-way for Southeast 4th Street, then further west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). BACKGROUND Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (:t)- story motel building and related parking areas. The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six (6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent upon the approval of this request for height exception and accompanying request to rezone (LUAR 05- 003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L). The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001) because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is to be built within one (1) phase with an anticipated completion date of .lanuary of 2007. ANALYSTS The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45 feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L. Part of the justification to rezone to MU-L is to provide developers with greater options for development and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of uses with higher residential densities. The MU-L zoning district is appropriate for Iow to mid-rise development that provides for medium density residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right. Except as described herein, building heights may exceed that threshold but only as approved via conditional use. The standards for evaluating a conditional use are different from the standards for evaluating a height exception. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot threshold. However, this project will not be reviewed as a conditional use because the height of the building (according to the definition of building height) would actually range between 68 feet - eight (8) inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances that may exceed the zoning district's height limitation and be eligible for height exception review. In this case, the top of the stairwell is proposed at 78 feet - two (2) inches in height. The top of the elevator core would be 76 feet in height. Approval of the hsej.~h2t exception request for the stairwell would cover Page 3 Memorandum No. PZ 05-009 the elevator tower, both of which occur on the east tower. The aforementioned structures would account for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof area of the east tower would be 11,416 square feet in area. The size of the roof of the stairwell would be 207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower. The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the adjacent areas. The applicant claims that the height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs. Granting of this height exception does not constitute a special privilege to the current property owner. RECOMMENDATION In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the HU-L zoning district. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As to the issue of height, staff recommends approval of the height exception request of three (3) feet - two (2) inches. This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height. Any conditions recommended by the Board or City Commission would be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\BoynIon Lofts\HTEX 05-001\Staff Report.doc 8213 Exhibit 'A'- Location Map 200 ! 100 0 200 400 600 800 I Feet EXHIBIT "B" :l'lll : ,Id!:~tb BOYNTON BEACH LOFTS : 8215 EXHIBIT "B" "I'1' iii I, il ! I,~ t ~11111 I1:11 I J~ J~ [] [] [] ® 8216 I BOYNTON BEAGfl LOFT8 62~ $OU~-I I~E:DERAL HIGHWAY BOYNTON BEACH - FL 5543,5-4935 EXHIBIT "C" Conditions of Approval Project name: File number: Reference: Boynton Beach Lofts HTEX 05-001 Elevations dated January 18, 2005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 8217 1. To be determined. Page 2 Boynton Beach Lofts File No.: HTEX 05-001 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. S \Planning~StfARED~rP',PROJECTS',Bo3.mton Lofts\HTEX 05-001'~COA doc 8218 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENT'S ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request a three (3) foot - two (2) inch height exception for a mixed-use project on a 1.21-acre parcel in the Mixed-Use Low Intensity (MU-L) zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 82]9 Other DATED: City Clerk S \Planning\SHAKED'/WP'~PROJECTS\Boynton Lofls~HTEX 05-001\DO doc TO: TH RU: FROM' DATE: PRO.1 ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DZV'rSI'ON MEMORANDUM NO. PZ 05-055 STAFF REPORT ADDENDUM Chair and Members Community Redevelopment Agency Board Michael Rumpf/~ff'~J~ Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner April 8, 2005 Boynton Lofts / NWSP 05-008 New Site Plan BACKGROUN D: This memorandum is an addendum to the initial staff report (Memorandum No. PZ 05-017) for the above referenced project. Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting the necessary land use, zoning, and site plan approval for a mixed-use project. In November of 2004, Mr. Miller submitted a request to rezone (LUAR 05-003) from Community Commercial (C-3) to Mixed Use-Low (MU-L), its corresponding site plan (NWSP 05-008), and height exception of three (3) feet - two (2) inches (HTEX 05-001). Staff reviewed and recommended approval on all three (3) applications. On March 17, 2005, the Community Redevelopment Agency Board reviewed the rezoning, site plan, and height exception requests. The Board recommended approval of Mr. Miller's requests for land use amendment and rezoning but tabled the site plan and height exception reviews to address design related comments. The Board tabled the plan for one (1) month until the April 12, 2005 Board meeting. The Board recommended that the applicant revise the plan, meet with staff, and then return to the Board with a plan that would met staff's comments and recommendations regarding design. All proposed uses (residential, office, retail) are permitted uses in the MU-L zoning district. The construction of the building and other site improvements would occur within one (1) phase. SUMMARY OF CHANGE~: On April 5, 2005, the applicant submitted revised drawings to staff. These revised pages included a sheet of tabular data, the massing model, site plan, enlarged site plan (of the public plazas), floor plan, roof plan, elevations, and landscape plans. However, staff was only able to re-review the revised elevations and massing model due to time constraints and intended emphasis on related design issues. Enclosed within this packet are sheet IIL-1 (Massing Model), sheet A300 (East Elevation), sheet A30! (West Elevation), sheet A302 (North Elevation), and sheet A303 (South Elevation) and the applicant's response to specific comments (see Exhibit "B'9. These revised sheets (see Exhibit "A'9 will supersede the corresponding drawings of the sets of plans originally forwarded and labeled "Boynton Lofts NWSP 05-008 2"d Review" and date stamped January 18, 2005. All sheets from the original January 18, 2005 submittal will remain constant except for the aforementioned sheets referenced above. The changes are as follows: Sheet ILL-1 C.~ ~_. I~/~ The massing model has been amended to dimensionally show the setbacks and step backs to confirm compliance with the MU-L zoning district. The roof of the massing model was updated to show the Staff Report - Boynton Lofts Addendum (NWSP 05-008) Memorandum No PZ 05-055 Page 2 accurate configuration an location of the elevator and stairwell towers. Sheet A300 The east elevation has been revised to include four (4) new decorative metal canopies proposed above selected windows and porches of the sixth (6th) floor. The plan now shows decorative molding atop of the parapet wall. Finally, the stucco walls that were originally proposed in conjunction with the decorative railings of the porches were eliminated from the drawings and all porches would now have just "open" horizontal railings. Sheet A30 ! The west elevation has been revised to include three (3) new decorative metal canopies proposed above all porches of the fifth (5th) floor. The plan now shows decorative molding atop of the parapet wall. Likewise, three (3) windows have been added above the trash room. Finally, the stucco walls that were originally proposed in conjunction with the decorative railings of the porches were eliminated from the drawings and all porches would now have "open" horizontal railings. Sheet A302 The north elevation has been amended to include an additional 20 window openings. The plan now shows decorative molding atop of the parapet wall. Finally, the stairwells were originally proposed as closed stairwells but the plans have been changed to now show "open" stairwells with vertical decorative railings. Sheet A303 The south elevation has been amended to include an additional 22 window openings. The plan now shows decorative molding atop of the parapet wall. Finally, the stairwells were originally proposed as closed stairwells but the plans have been changed to now show "open" stairwells with vertical decorative railings. RECOMMENDATION: The following conditions of approval have been satisfied and should be rejected (removed) from the Exhibit"C"- Conditions of Approval document, with the exception that comment #56 should be revised to recommend extension of cornice/molding around the entire perimeter of the roof-line. #42. At the time of permitting, revise the Massing Model (sheet ILL-l) and other applicable sheets to accurately show the roofline of the proposed building. #43. At the time of permitting, revise the Massing Model (sheet [LL-:I.) or elevations to indicate building stepback compliance of the MU-L zoning district when structures are above the 45-foot threshold. #55. Staff recommends utilizing aluminum framework inside the "window" openings of the parking garage in order to enhance their appearance. #56. Staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. ~'~/~- / (i:i~ ~:~3 S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP 05-008\Staff Report addendum.doc EXHIBIT'A BOYNTON BEACH LOFTS 623 SOUTH FEDERAL BOYNTON BEACH - FL 33435-4935 PR~ EXHIBIT',~ ,j BOYNTON BEACH LOFTS 623 SOUTH FEDERAL HIGHWAY BOYNTON BEACH - FL .~34-95-4935 EXHIBIT A Jill[ i BOYNTON BEACH LOFTS BOYNTON BEACH - FL 33435-4935 t EXHIBIT BOYNTON BEACH - FL 53435-4935 MILLER LAND PLANNING CONSULTANTS, INC. 29~f P!NI APP .E ~- ~,;.VE [ )EL[:A" B~A, :H, :L( )R .)^ 3:J444 PHON[ · i61/272-(~)82 F&> · i61/272- 042 April 5, 2005 Ed Breese CITY OF BOYNTON BEACH PLANNING & ZONING DEPARTMENT 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 PL,~,NN ilxIG ~ND ~uh:!N RE: Boynton Beach Lofts - Site Plan Application NWSP 005-008 Dear Ed: Pursuant to our most recent meeting we have made revisions to the site plan application to ac dr'ess the proposed conditions of approval that were of concern to the CRA Board. Attached are ten set:; of the revised plan. Provided below is a response to the conditions of approval that werE; specifically addressed by the CRA Board. t/:42 At the time of permitting revise the massing model (sheet I LL-1 ) and other applicable sheets to accurately show the roof line of the proposed building. The massing model has been amended to dime~!gnally.show the setbacks both-horizontally and verJcally to confirm that the building complies with the required set backs. ... #43 At the time of permitting revise the massing model (sheet I LL-1 ) or elevations to indicate building set back compliance of the MU-L zoning district when structures are above the 45' threshold. The massing model has been amended to dimensionally show the setbacks both horizontally and vertically to confirm that the building complies with the required set backs. #47 The landscape plan - Insure that the plant quantities must match between the tabular data and the graphic illustration. The landscape plan has been modified pursuant to other revisions (see # 54 below) and in doing so the plant quantifies have been confirmed to match between the tabular data and match between the tabular data and graphic illustration. #52 Staff recommends increasing the size of the new sable palm tree clusters proposed to the southeast, southwest, and northeast corner at varying heights between 20 feet and 28 over all feet. The landscape plan has been revised to increase the size of the sable palm tree clusters as recommended. #53. Staff recommends installing 14' to 16' tall Montgomery or Alexander palm trees within the west landscape (within the planter areas) proposed between the doorways and the brakes in the windows. Landscape plan has been revised to reflect Montgomery or Alexander palm trees along the west buffer as recommended. MILLER LAND PLANNING CONSULTANTS, INC. EXHIBIZ B 298 PINEAPPLE GROVE WAY DELRAY BEACH, FLORIDA 33444 PHONE · 561/272-O082 FAX · 561/272-1042 #54. Staff recommends installing more brick pavers within the front plazas in order to increase the size of pedestrian/public gathering space, there by meeting the intent of the MU-L zoning district. In any case Staff determined there would still be enough room to install (2) additional Fox Tail palm trees along Federal Highway. The Fox Tail palm trees should be installed at a height of 18' to 20'. The brick paver area in the front of the building has been modified pprsuant to our discussions with. staff. The paver area also includes three wells to accommodate the recommended Fox Tail palm trees. #55 Staff recommends utilizing aluminum frame work inside the window openings of the parking garage in order to enhance their appearance. Based on modified elevations that were provided previously, it is our understanding that this condition of approval can be removed. #56 Staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building. Pursuant to revised elevations that wer~ provided previously, we understand that the architectural elements and accents that have been added to the building satisfy the recommendations of Staffand therefore this comment and condition can be removed. We trust that these modifications will satisfy the recommendations of Staff and also the CRA Board. Should you need any additional information as we proceed toward the April 12th CRA Board meeting, please do not hesitate to call. Sincerely, MILLER LAND PLANNING CONSULTANTS, INC. President cc: James Siefert Francisco Perez Debra Turner John Wheeler M:\M L P C\PROJECTSXBoynton Beach Lofts\Ed Breese 040505.wpd DEVELOPMENT DEPARTMENT PLANN1'NG AND ZONZNG DZVTS]:ON MEMORANDUM NO. PZ 05-046 TO: FROM' THROUGH: Chair and Members Community Redevelopment Agency Board Eric Lee Johnson, A][CP Planner Michael W. Rumpf Director of Planning and Zoning DATE: March 30, 2005 SUBJECT: Urban Commercial District Overlay (CDRV 05-004) NATURE OF REQUEST Staff has been requested to consider this proposed amendment to the Land Development Regulations to reduce the building setbacks for properties within conventional commercial zoning districts in targeted areas of the city. The intent is to allow flexibility in site design by requiring a "build-to" line with regards to the required front, side, and side corner building setbacks. This will help to serve as a catalyst for redevelopment efforts on small-sized parcels that have not or most likely would not be assembled as part of a large mixed-use project and maximize consistency with adjacent or nearby projects that are developed under the mixed-use zoning district. As per the Federal Highway Corridor Community Redevelopment Plan, the City adopted the Mixed Use-Low (MU-L) and Mixed Use-High (MU-H) zoning districts on June 18, 2002. However, after 18 months of working with these regulations, staff determined that minor amendments were warranted to bring the regulations into closer conformance with the intent of the Plan. The updates were made, in part, to protect neighborhoods of single-family homes that are or would be adjacent to potential mixed use districts. The mixed use regulations are and could be applied to those properties designated with Mixed Use (MX) and Mixed Use-Core (MXC) land use classifications (as shown on the City's Future Land Use Map of the Comprehensive Plan). Also in .lune 2002, the city created the Infill Planned Unit Development (IPUD) zoning district. The IPUD zoning district regulations were updated in 2004 to provide more direction to developers regarding compatibility with existing development, while still omitting exacting standards. These districts were designed, in part, to encourage higher densities and intensities, to help redevelop the older portion of the city while simultaneously creating an urban sense of place. It should be noted that reduced building setbacks is a common element intrinsic to all the aforementioned districts. The problem with current conventional commercial zoning district regulations is that portions of a site may be developed for residential uses; however, the regulations do not encourage a true integration of commercial and residential uses, and basically perpetuate the suburban "strip centers" that offer little or no connectivity, allow parking lots to 8220 Page 2 CDRV 05-004 Urban Commercial District Overlay separate the project from the adjacent roadways, and do not yield large projects with unified designs. ANALYS1'S This report analyzes the required building setbacks of the City's conventional commercial zoning districts: Office Professional (C-I.), Neighborhood Commercial (C-2), Community Commercial (C- 3), and General Commercial (C-4). According to the statements contained within the proposed Urban Design Guidelines, the current Land Development Regulations for the City's commercial districts encourage suburban-oriented development to occur. The commercial regulations require large front setbacks, Iow density, height limitations, and separation of uses. This type of zoning prohibits higher density development or mixed-use developments, which are appropriate in the portions of the Community Redevelopment Agency (CRA) area for redevelopment purposes. The outcome has prevented the City from experiencing the needed economic growth that other cities have experienced. In response to this type of development, the city created the mixed-use zoning districts, namely Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) and staff is currently reviewing the possibility of creating additional mixed-use zoning regulations. In any case, the current regulations regarding the mixed use districts are very explicit in its intent; to encourage quality development, redevelopment, and urban infill in the City's older and blighted downtown and outlying areas. These regulations are very effective in cases when individual lots have been assembled or amassed as part of a large conglomeration for large-scale mixed-use developments. The new regulations appropriately steer the desired type of growth pattern. However, the problem occurs when commercially-zoned parcels, which are not a component of a mixed-use development, are too small and / or too isolated to be eligible for mixed-use zoning. Under the current regulations, the subsequent build-out of these types of lots would be bound to suburban zoning standards, resulting in a growth pattern inconsistent with the newer, mixed-use developments advocated throughout the City's downtown and outlying areas. This inconsistency could hinder the City's effectiveness in managing the urban design for future development. Suburban standards in urban areas undermine staff leverage when negotiating with developers on issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and regulating automotive-oriented uses. A solution would be to create an overlay district for commercial areas, which would complement the City's endeavor in promoting progressive and exemplary urban design (see Exhibit "B'). If the proposed guidelines were approved, developers would then be bound to the building setbacks of the newly created Overlay District for properties of those targeted commercial areas. While the proposed code amendment does nothing to increase the intensity, height, or mixing of land uses in a given zoning district, it would help to harmonize the placement of buildings and address some of the inconsistencies between urban and suburban regulations. Furthermore, it is staff's opinion that the new Overlay District would not discourage property owners from assembling lots and rezoning to mixed-use districts and neither would the Overlay District perpetuate an undesirable growth pattern. RECQMMENDA'I'~ON Staff recommends approval of the creation of the proposed Urban Commercial District Overlay. Any deletions or additions recommended by the Community Redevelopment Agency Board or City Commission would be ultimately reflected in the final ordinance. S:\Planning\SHARED\WP\SPECPRO.I\CODE REV~EW~CDRV 05-OCH Urban Commercial Overlay\Staff Report.doc 8221 Exhibit 'A'- Urban Commercial District Overlay Map // 8222 0 1,250 2,500 5,000 7,500 10,000 Feet N EXHIBIT "B" - PROPOSED CODE AMENDMENTS Sec. 8.5. Overlay zones. 7. Design Standards. Reserved 8. Landscaping. Reserved A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. 9. Parking. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a'mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows and public open spaces. All development w/thin the Martin Luther King Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Boulevard Overlay Zone is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Permitted uses. As currently defined in Chapter 2(5)(G) and Chapter 2(6)(B). 4. Prohibited uses. Reserved 5. Development standards. a. Parcels that have frontage along Martin Luther King Boulevard shall have a minimum front setback of 3 feet and a maximum front setback of 12 feet. b. Minimum side setback from interior lot lines shall be 5 feet, and a minimum of 3 feet and a maximum of 12 feet from comer lot lines. c. Maximum building height shall be 30 feet and subject to other provisions of Chapter 2(4)(F). 8223 d. Lot regulations stated within Chapters 2(5)(G) and 2(6)03) except where superseded by the regulations stated herein. 6. Signs. Reserved a. Parking space requirements shall be calculated in accordance w/th Section 11.H. 16 of these zoning requirements, and shall be reduced by fifty percent (50%); b. Required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. (1) The distance requirements shall be a straight line measurement from a point on the boundary line of the property that is the subject of the application to the closest boundary line of the property on which the leased parking is located. (2) The property that is the subject of the application shall be posted w/th signage indicating to patrons the location of the off-site parking. c. Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency. (Ord. No. 00-30, § 1, 6-20-00; Ord. No. 02-014, § 1,4-16- 02) B. URBAN COMMERCIAL DISTRICT OVERLAY ZONE. 1. Intent and purpose. The purpose of this zone is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent w/th the pattern of development of parcels with Mixed-Use zoning classifications. In addition, any parcels subsequently annexed into the Ci_ty of Boynton Beach w/thin the boundaries of the Community Redevelopment Agency area with commercial zoning may also utilize these setback reductions. 2. The objectives of this overlay zone are as follows: a. Support and enhance revitalizatio efforts in the city's traditional commercial area; b. Allow flexibili _ty in the site design in order to create a more urban environment by aiscouraging the placement of off-street parking between ~' front of the building(s) and the rights-of-way. Create o~ptimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the Defined area. 3. Defined area. The Urban Commercial District Overlay Zone is established as the geographical area as defined by the boundaries of the following city Redevelopment Plans: a. Federal Highway Corridor Communi_ty Redevelopment Plan. The boundary is generally described as the city limits to the north, the Intracoastal Waterway to the east, the municipal 'boundary to the south, and the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 42 Street) to the west. The legal description is more particularly described in Exhibit 1.1, Appendix of the Federal Highway Corridor Communi _ty Redevelopment Plan. b. The Ocean District Community Redevelopment Plan. The boundary is generally described as Northeast 3rd Avenue to the north, Seacrest Boulevard to the west, F.E.C. Railroad to the east, and Southeast 2nd Avenue to the south. c. Boynton Beach Boulevard Corridor Plan. The boundary is generally described as the commercially-zoned parcels located along Boynton Beach Boulevard, east of Interstate 95, and west of Seacrest Boulevard. The area is more particularly defined on the Location Map on page 2 of the Boynton Beach Boulevard Corridor Plan. 4. Development Standards. a. Parcels shall have the following setback requirements: Front yard Side (interior) yard Side (comer) yard Rear yard five (5) feet to fifteen (15) feet zero (0) feet to fifteen (15) feet ten (10) feet to fifteen (15) feet shall be defined by the applicable zoning district regulations; b. Maximum building height shall be defined by the applicable zoning district regulations; 8224 c. Maximum lot coverage for building(s) shall be 40 percent; d. Foundation landscaping and trees are recommended to be installed within the reduced building setback areas, between the building(s) and property line(s), particularly, where adjacent or visible from public and / or private rights-of-way. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. C-3 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard Minimum side yards Maximum structure height 75 feet 120 feet 9,000 square feet 40 percent 30 feet~- 20 feet 10 feet*! 30 feet, not to exceed 2 stories** tParcels located within the Urban Commercial District Overlay Zone are subiect to the required building setbacks pursuant to Chapter 2, Section 8.5.B.3. *When abutting residential district, side and/or rear yards shall be thirty (30) feet. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percent 30 feet 15 feet*-~ 20 feet on side street~- 20 feet* 25 feet, not to exceed 2 stories ~Parcels located within the Urban Commercial District Overlay Zone are subject to the required building setbacks pursuant to Chapter 2, Section 8.5.B.3. *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 8225 C-3 COMMUNITY COMMERCIAL DISTRICT 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum side yard Minimum side yard (comer lots) Minimum rear yard Maximum structure height 75 feet 15,000 feet 40 percent 20 feett None-~ (see Notes (interior lots) a and b) 15 feet street side~ (see Note b) 20 feet (see Notes b and c) 45 feet, not to exceed 4 stories lParcels located within the Urban Commercial District Overlay Zone are subject to the required building setbacks pursuant to Chapter 2, Section 8.5.B.3. a. Where rear access is not available from a public street or alley, a side yard of not less than fifteer (15) feet shall be provided on one side. C-4 GENERAL COMMERCIAL DISTRICT. 3. Building and site regulations. No building or portions hereof shall be erected, con-structed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height stories 50 feet 100 feet 5,000 square feet 40 percent 25 feet~- 15 feet one side*~- 15 feet on street side*-~ 20 feet* 45 feet not to exceed 4 ~Parcels located within the Urban Commercial Distnc~ Overlay Zone are subject to the required building setbacks pursuant to Chapter 2, Section 8.5.B.3. *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-050 TO: THROUGH: FROM: DATE: SUBJECT: Chair and Members of Community Redevelopment Agency Board and Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Ed Breese Principal Planner March 31, 2005 CODE REVIEW (CDR¥ 05-007) Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures) NATURE OF REQUEST Pursuant to desires of the City Commission, staff forwards those portions of the Land Development Regulations currently under review, as an incremental step to updating the zoning regulations. These portions address building setbacks and related issues, and would assist in the ability of homeowners to renovate or construct additions to their homes. These proposed regulations should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more variances. BACKGROUND There is a high demand for home expansions within the city, as indicated by previous variance applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the variance process. Variances, of course, have the burden of requiring hardship for not conforming to the letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or situation, and staff was forced to recommend denial of the request. In some instances, the applicant indicated, though they did not wish to move out of their home or the City, their expansion plans could not be accommodated where they were, under the current land development regulations. With this being the case, staff made the setback issue their number one priority in the revisions to the land development regulations and therefore forarards these amendments first. ANALYSIS Staff reviewed numerous old variance applications to determine the extent to which the requests encroached into the required setbacks. It was determined that the rear setback variance was most frequently requested. This in many ways makes sense, since it is typically the largest area of the yard in which to expand the house, an addition to the rear of the house usually better integrates with the existing floor plan, and the addition would generally be further removed from street noise. Additionally, staff examined the existing land development regulations and those from the previously adopted code to gain a better understanding of the roles under which many of the homes where constructed. This insight into the built environment helped form the basis for recommended changes to the land development regulations. Again, 8226 Page 2 CDRV 05-0O7 understanding the Commission's desire to promote home improvements and expansions without a complex process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following modifications (see also Exhibit "A"): and Reduction itt rear yard setback requirements front 25 feet to 20 feet in' all single-family districts. Creation of att Administrative Adjustment (like currently existing in the code for non- conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently itt the code for non-conforming lots, and would look something like this for a R1AA single-family lot, platted prior to dune 13, 1975: Front Setback - 25feet. Rear Setback - 20 feer Side Setback - lO feet. With Administrative Adjustment - 20feet. With Administrative Adjustment - 15feet. With Administrative Adjustment - 8 feer Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit "B "), which pertains to compatibilio, with the established character of the neighborhood, reasonableness of the request and massing of the building or addition. Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights- of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and community perimeter walls; and public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20feet to lO feet. This special rear yard setback is applicable to one-story additions only. The remaining provisions help clarify certain language already in the code regarding corner lots and through lots, and also denote that these provisions are not applicable to any PUD without formal action of the HOA and a Master Plan Modification. These provisions would also not supercede any setbacks recorded on plats. While reviewing building setbacks, two related issues surfaced that require updating and clarification. The first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints, from residents desinng to install a shed, regarding both the maximum height regulation (7 feet) and the minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre- fabricated sheds make a model that meets the City's height regulation. The few companies that do typically only make one model, thereby limiting consumer choices for storage structures. The second issue involves the separation requirement for accessory structures. This requirement has, in some instances, made it impossible for a homeowner to place a shed on their property. Since a t',omeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated. D~scussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff recommends the following amendments to the code: Removal of the twelve (12)foot separation requirement between accessory structures attd the principal structure, thereby allowing storage structures to be immediately adjacent to or attached to the house; and - Allow an increase in maximum height for storage structures from seven (7)feet to nine (9)feet; arid. - Retain existing requirements for maximum square footage of storage structures (100 square feeO and minimum setback requirements (three (3)feet from rear and side property lines). The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant upon placement, staff recommends the following minor rewording of the code: 8226 Page 3 CDRV 05-007 Fences, hedges and walls shall not exceed six (6)feet in height, above finished grade, except that in front setback, from the building line forward to the property line, the maximum height shall be four (4)feet. On corner lots, both road frontages are subject to the four (4)foot height limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions. RECOMMENDATION Staff recommends that the proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, regarding setbacks, accessory structures and fences, walls and hedges, be approved. It is staff's opinion that these amendments will remove barriers to desirable home expansions, provide residents more flexibility in acquiring and siting storage structures, and better regulate the placement of fences and walls, while preserving the integrity of the zoning regulations and neighborhood quality. J kSHRDATALPLANN1NGkSHAP. ED\WPkPROJECIS\CODE REVIEWLLDR Revisions (setbacks} CDRV DOC 8226'~ _oo oo~ ~8888 8226 C EXHIBIT A ADMINISTRATIVE ADJUSTMENT TO MINIMUM YARD SETBACKS INTENT The intent of these provisions is to provide minor reductions to the minimum yard setbacks in order to better facilitate renovation/redevelopment efforts on individual lots in single-family zoning districts. In staff consideration of requests for administrative adjustment to minimum yard setbacks, various criteria will be utilized to determine compatibility with and impact on the surrounding neighborhood. Staff will review the site constraints, building orientation and floor plan fimctionality issues that justify the request. Additionally, staff will take into consideration compatibility with the established character of the neighborhood, the massing of the building or addition(s) and reasonableness of the request. SUBMITTAL REQUIREMENTS mo Bo Proof of property ownership by petitioner(s), such as deed or purchase contract agreement. Justification statement detailing the need for the setback adjustment, including site constraints, building orientation, floor plan functionality and other restrictions. C. Provision of the following: 1. Two sealed surYeys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A) All property lines B) North arrow C) Existing structures and paving D) Existing elevations E) Rights-of-way, with elevations F) Easements on or adjacent to the site G) Utilities on or adjacent to the site H) Legal Description I) Number of acres to the nearest one-hundredth (1/100) of an acre J) Location sketch of property 8226 D 2. Two site plans properly dimensioned and to scale depicting the following: A) Location of all existing structures on the property B) Location and dimension of any new construction C) Setback dimensions to all property lines D) Location of, and dimension to, streets, alleys and easements on or adjacent to the property E) Floor plans of proposed addition(s) and of adjacent habitable space in the existing structure F) Location, number and size of existing and proposed parking spaces on the property Photographs depicting the existing conditions on the property, area of the proposed addition(s), and views facing adjacent properties 8226 E VII. Pulled Consent Agenda Items 8227 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VIII. Old Business 8228 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. TABLED TO APRIL BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 I April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 12, 2005 Date Final Materials Must be Turned int.~qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda · Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: February 24, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA has been approached by the NAACP to become a Corporate Life Member. Staff has attached the membership application and cost for your review. RECOMMENDATION: Staff is recommending the approval of the one time life membership to the NAACP. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Due to the joint working efforts of the CRA in minority areas of the City, the Staff is recommending joining the NAACP. The working elements that the organization brings to the area is very valuable to the CRA. FISCAL IMPACT: The CRA has received additional TIF funds and would appropriate $5,000 in the Membership and Subscription budget line item. ALTERNATIVES: The alternative is to choose different level of commitment or not become a member of the NAACP. CRA Staff Dou~a~Hutchinson, CRA Director 8229 V:\memos\CRA Agenda Item corporation sponsorship for NAACP.doc Date ~_~ / Zip ~od~ Regular Membership Regular ............................ $30.00 [] Contributing ....................... $40.00 [] Includes Membership and Crisis Magazine Win (Women in NAACP) ............ $10.00 [] Youth (up to 21/crisis Magazine ..... $15.00 ~ Youth (up to 21 without maga-zine)..Sl0.00 1~ Life Membership Junior (up to age 13)...Full Cost $100.00 E] Payable ua annual mstalknents o1'25 O0 or more. Bronze Life (a~e 14 to 19)..Full Cost IM00.00 ~ D'wablc in ann,,;,I m'&,lIm~nl, .f SSI) I)ll -r m-re Silver Life ................... full co_ct $750.00 I mvablc m annual mst 'a2rnc-nts of $50.00 or more. lC, old Life .................... full cost 1,500.00 a~ ailable lo fully paid s/her life members onb pa.,a ..em oam~a, m~qzdhu~,.ks .c¢, Cor~orale ............... FaA Co~ $5.000 00~ 8230 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] Janua~ 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 FebruaD, 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10; 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int_.__qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM [] Consent Agenda · Old Business [] Legal [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 4, 2005 SUBJECT SUMMARY PARAGRAPH: Staff is proposing an amendment to our existing IT Contract with the City of Boynton Beach to include the WI-FI wireless technology in the Central Business District and the Heart of Boynton. The amendment to the existing IT contract would add $22,800, which would include a one-time charge of $4,200 and a recurring charge of $3,100 per month. RECOMMENDATION: Staff is recommending the approval of an amendment for the six month WI-FI Technology Pilot program with the City of Boynton Beach IT Department. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Wireless transmitters will be set up for Internet access in specific corridors of the CRA Boundaries to provide a variety of public and mission critical applications such as public safety, database access, residential, business and mobile user internet access, video surveillance and automated meter reading. The WI-FI network is expected to proved coverage within a 3.5 square mile area in the CRA. The WI-FI program will also provide public safety. Fire and Police departments will benefit form the broadband network throughout the city, allowing police officers equipped with wireless laptops and PDA's to access data and write reports in their cars and/or on the street, eliminating the need to return to the office. Additionally, this will expand the police presence on city streets to deter crime. FISCAL IMPACT: The fiscal impact would be a one time non-recurring charge of $22,800, which would be reallocated from the Reserve Budget Line item, which was increased due to receipt of $400,000 in additional TIF Funds. CRA Staff ALTERNATIVES: The alternative would be not to pursue the WI-FI technology at this time. ~:~g/ut~hinson, CRA Director 8231 Susan's Shares C:\Susan_shared files\memos\CRA Agenda ltem Request for WI-FI.doc CITY OF BOYNTON BEACH INFROMATION TECHNOLOGY SERVICES April 4, 2005 MEMORANDUM TO: CRA FROM: Peter Wallace, Director, Information Technology Services CC: City Manager's Office SUBJECT: WI-Fi The City of Boynton Beach Information Technology Department is actively seeking to implement Wi-Fi services within the city. The initial phase of the project will be conducted within the CRA corridors. The goal is to implement a turn key solution for a pilot project within the CRA and Heart of Boynton corridors. Based on the initial six (6) months pilot project, the services and contract can be extended for longer terms including other public safety and wireless objectives within the city limits. The CRA will participate in the project by reviewing the weekly reports and trends of the wireless traffic. The CRA will make recommendations as needed that may improve services within the CRA boundaries. The CRA will contribute to the project by reimbursements to the city for expenses related to the Wi-Fi project within the CRA boundary as part of the current Information Services contract for PC, network, e-mail, and GIS support services and accessibility. Scope of Services: Assist in the economic development of the CRA areas. Assist with the digital divide within the heart of Boynton area. Provide Wi-Fi hot spots within public areas including parks and recreation. Public Safety: Utilize the GIS layers already available by extending wireless services to the Fire Department to review safety concerns such as hazmat information while responding to fires. 8232 IX. New Business 8233 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may ne~d to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. April 7, 2005 Boynton Beach CRA 639 E. Ocean Ave, Ste 103 Boynton Beach, FL 33435 Boynton Beach CRA staff and Board: First, thank you for the opportunity to possibly work with you on this exciting project. We were thrilled to learn that the CRA staff has recommended Kidd Group to handle the marketing efforts for the Trolley service. Mr. Hutchinson asked me to address how we plan to manage this account from our Tallahassee office. This is a very common question and we appreciate the opportunity to respond. Currently 70% of our clients are located outside a 50-mile radius of our main office. Technology and the dynamics of the marketing industry have changed significantly over the past 15 years allowing communication firms to grow and expand their service area while maintaining the high level of customer service that is expected by clients. We quickly plug our team into the markets we serve and establish the understanding and relationships that have produce award-winning, but most importantly effective campaigns. We feel our physical location actually enhances our marketing efforts as we often bring "out of the box" thinking and ideas to new markets. We are prepared to spend whatever time is needed in your community to build these relationships and make this effort a success for the CRA and Boynton Beach community. Additionally, we appreciate and understand the importance of face-to-face time to the client / firm relationship and set regularly scheduled meetings with all our clients, regardless of physical location. In the event of a crisis or emergency, we are prepared to respond from our of'rices in Orlando or Tallahassee. We are poised to bring our experience with public transportation and enthusiasm to your community and assure you that proximity has no bearing on the success of this campaign. I look forward to meeting with you all on April 12, 2005. If you have any questions please feel free to contact me anytime. Sincerely, William J. Kidd, President Vielhauer, Susan From: Sent: To: Subject: Tom Derzypolski [tderzypolski@kidd.com] Thursday, April 07, 2005 12:55 PM vielhauers@ci.boynton-beach .fl .us Kidd Group: Communication Design Letter 040705.doc (20 KB) Susan: Attached you will find the letter that Mr. Hutchinson requested. Additionally, I have sent it FedEx overnight and you should have it first thing in the morning. The mailed copy is on letterhead and can be copied for the board members. The attached Word Document can be emailed. I was not sure which you preferred. Please call if you have any questions and I look forward to seeing you on the 12th. Best- Tom Tom Derzypolski, Public Relations Director tom@kidd.com http://www.kidd.com [P] +1 (850) 878 5433 x26 [C] +1 (850) 570 7252 [FI +1 (850) 878 6745 Kidd Group: Communication Design BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January l 1,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May I0, 2005 April 26, 2005 (Noon) [] Nox~ember 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int_.__qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM [] Consent Agenda [] Old Business · Legal [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: April 4, 2005 SUBJECT SUMMARY PARAGRAPH: Staff issued an RFP for Trolley Marketing Program Implementation on January 28th, 2005 and we have had two responses to date; Kidd Group and Palm Beach Media. Staff has reviewed the responses for the RFP and ranked them based upon the ranking set forth in the RFP. RECOMMENDATION: Staff is recommending hiring the Kidd Group to implement the Trolley Marketing Program. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA Board instructed the CRA Staff issued an RFP for Trolley Marketing Program Implementation on January 28th, 2005 and we have had two responses to date; Kidd Group and Palm Beach Media. Staff has reviewed the responses for the RFP and ranked them based upon the ranking criteria set forth in the RFP, which included Proposer experience plan execution, knowledge of market and in-house capacity. FISCAL IMPACT: The Financial impact to implement all of the elements would be $81,780, which would be drawn through the Trolley Budget Line Item expense. ALTERNATIVES: The alternative would be to not implement the Trolley Marketing Program and risk not capturing the forecasted advertising revenues for the system. CRA Staff ~~glas HutchinsonT-CRA Director 8234 Susan's Shares C \Susan_shared files\memos\CRA Agenda Item Request for response to trolley Marketing program.doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Response to the Trolley Marketing Program Implementation DATE: March 30, 2005 CRA Staff issued an RFP for Trolley Marketing Program Implementation on January 28th, 2005 and we have had two responses to date; Kidd Group and Palm Beach Media. Staff reviewed the responses for the RFP and ranked them based upon four elements; 1. Proposer experiences in performing the Marketing Plan Elements, 2. Plan Execution Concepts, 3. Knowledge of Area Market, 4. In-House Capacity to perform Marketing Plan Elements. The Kidd Group is a full service advertising agency, which has been working for the past five years with the Bay Town Trolley in Panama City, Florida and Community Transit in St. Lucie, Florida. Additionally they were invited to present a marketing workshop for the Center for Urban Transportation Research at University of Florida. The Kidd Group has successfully implements full scale marketing campaigns for local, state and regional clients and has focused in the areas of education, public awareness, government issues and health care. They have provided detail descriptions of their technical qualification in the areas of public relations, advertising, design, web design and media planning. The Kidd Group has provided a Scope of Work to be preformed, how they intend to approach to each element and a cost for each element. The total cost for all of the elements is $81,780 and web site maintenance billed at an hourly rate. 8235 They will provide all services in-house with the exception of the Data Collection System, which will be provide by the City of Boynton Beach IT Department. The Palm Beach Media Associates, Inc the other respondent has no prior experience in dealing with Trolley Marketing. The Palm Beach Media is a full service advertising agency; however they did not provide a detail description of the technical qualifications. The scope of services they are proposing is the sales of advertising direct to advertisers through commissioned representative, management of the web server and database, manage the production of events, signage and marketing plan. The will comply with all Government Security requirements; however there is not detail as to how they will accomplish this. They will provide all services in-house with the exceptions of the Data Collection System, which will be provide by the City of Boynton Beach IT Department and signage requirements. The total cost for all of their elements is $151,000; however there is no break down on the cost of each element. Anticipated revenues are targeted at $181,835 for year one (1) and $917,169 over the five (5) year period for the Pilot Trolley Program. Based upon review of each proposal, staff is recommending awarding the contract to the Kidd Group for the Trolley Marketing program. Attached is both RFP responses, letters of reference and ranking sheet by staff for your review. 8236 Page 1 of l Vielhauer, Susan From: Coul11074@aoI.com Sent: Wednesday, March 30, 2005 10:25 AM To: VielhauerS@ci.boynton-beach.fl.us Subject: Re: The Kidd Group Susan Vielhauer, The Kidd Group has been a fantastic addition to our trolley system. They have provided outstanding service and been very successful in their efforts to obtain positive media coverage for the system. They are involved in our advertising efforts and have developed a number of creative ad campaigns. Our system has grown tremendously in the past five years and much of that growth can be attributed to the involvement of the Kidd Group as a partner in our system administration. You will be most fortunate to have them as a member of your team. You could not select a better marketing firm. We just signed a new five year contract with The Kidd Group and look forward to a continuing partnership. Beth Coulliette E. N. Coulliette Executive Director Bay County Council on Aging 1116 Frankford Ave. Panama City, Florida 32401 (850) 769-3468 coul11074@aol.com 8237 3/30/2005 Vielhauer, Susan From: Sent: To: Subject: Mary Robinson [robinsonm@wfrpc.dst.fl.us] Wednesday, March 30, 2005 t0:25 AM Vielhauer, Susan Re: The Kidd Group The Kidd Group has provided marketing/public relations services for Bay Town Trolley in Panama City for at least five years. They are professional, responsive and part of our "team" Trolley ridership has grown from about 40,000 annual trips in 1997 to over 170,000 annual trips in 2004. The staff I am most familiar with is Colleen Schuster and Tom Derzypolske and they are excellent. Mary Bo Robinson From: "Vielhauer, Susan" <VielhauerS~ci.boynton-beach.fi.us> To: "'robinsonm@wfrpc.dst.fl.us'" <robinsgnm@wfrpc.dst.fl.us>, "'coull1074@aol.com'" <coull1074@aol.com>, "'Dougboice@comcast.net'" <Dougboice@comcast.net>, "'bmacdonald@floridadental.org'" <bmacdonald@floridadental.org> Subject: The Kidd Group Date sent: Wed, 30 Mar 2005 10:13:07 -0500 Good Morning, My name is Susan Vielhauer, Controller for the Boynton Beach CRA, and we are starting a pilot trolley program in our Community Redevelopment area. We issued an RFP for the implementation of our Trolley Marketing Program and the Kidd Group was a respondent. They have listed all of you as references in the FRP. Can you please give any input on their performance, duties preformed and how you would rate them? Any additional information you wish to provide would be appreciated. Thank you Susan Vielhauer Boynton Beach CRA 639 E. Ocean Avenue, Suite 103 Boynton Beach, F1 33435 561-737-3256 8238 Message Page 1 of l Vielhauer, Susan From: Bob MacDonald [bmacdonald@floridadental.org] Sent: Wednesday, March 30, 2005 11:28 AM To: ¥ielhauer, Susan Subject: IRE: The Kidd Group Susan, The Florida Dental Association has worked with The Kidd Group on several major advertising and public relations projects over the last 12 years and is very satisfied with this companies full range of services. Most notably, The Kidd Group designed and formulated a statewide marketing campaign for the promotion of self-funded dental plan concepts endorsed by the FDA. This campaign used a variety of communication and PR modalities including print and media advertising; billboards; direct mail; sponsorships of special events and professional exhibits at conventions and trade shows. In addition, through 3W Communications, multi-faceted websites were developed and maintained for various FDA programs and subsidiary companies. I would highly recommend The Kidd Group for your marketing project. If you would like to discuss the FDA's use of The Kidd Group with me, you can contact me at (800) 877-9922, ext. 122. Sincerely, Bob Macdonald Director of Dental Health, Care and Education Florida Dental Association ..... Original Message ..... From: Vielhauer, Susan [mailto:VielhauerS@ci.boynton-beach.fl.us] Sent: Wednesday, March 30, 2005 10:13 AH To: 'robinsonm@wfrpc.dst.fl.us'; 'coull1074@aol.com'; 'Dougboice@comcast.net'; 'bmacdonald@floridadental.org' Subject: The Kidd Group Good Morning, My name is Susan Vielhauer. Controller for the Boynton Beach CRA, and we are starting a pilot trolley program in our Community Redevelopment area. We issued an RFP for the implementation of our Trolley Marketing Program and the Kidd Group was a respondent. They have listed all of you as references in the FRP. Can you please give any input on their performance, duties preformed and how you would rate them? Any additional information you wish to provide would be appreciated. Thank you Susan Vielhauer Boynton Beach CRA 639 E. Ocean Avenue, Suite 103 Boynton Beach, FI 33435 561 ~73%3256 8239 3/30/2005 8240 Commission Action None 8241 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ,roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xl. Director Report 8242 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the >roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson April 1, 2005 Directors Report Way-Finding Signage Program - Staff is still workinq with First Methodist Church on Seacrest Boulevard to obtain permission to place the Way-Findinq Si.qn on their property to satisfy Palm Beach County. Staff will be attendin.q a meetinq on April 7, 2005 with the Board of Trustees of the Church to answer any questions or concerns they many have. We have received permission to move the si.qn off the sidewalk and onto the parkin.q pavement area. Paul Kellner of Guidance Pathways will be workinq with Laurinda Loqan to resubmit the permit application. SV Design Guidelines Overlays - The document has been given back to RMPK Group for their next revision. We are now working with City Staff to move through the Mixed-Use issue. The project is about 80% complete. Vivian is assiqned to move this project to completion. DH Unified Update CRA Plan: Staff is working with RMPK to complete this comprehensive document. The plan has had significant revisions for content, style, graphics, etc. The project is about 85% completed. Vivian is assiqned to move this project to completion: DH Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach Staff and the CRA. The project is about 25% complete. Vivian is assiqned to move this project to completion. DH Savage Creatures Team - Site permits and project design issues concepts are being further assessed on key elements issues. The oroiect is beinq prepared for presentation for Concept Approval for June 2005. DH Trolley System Operation Rollout- Staff submitted the permits and final approval should be forthcominq from the City. Staff has received permission in writinq from all private owners where a trolley 8243 Annette's Shares C:\Gray_Annette Shares\Monthly Directors ReportsX2005\Directors Monthly Status Report April Meetings.doc sign will be placed. The Marketinq FRP responses are in the CRA Office and are being submitted to the CRA Board for approval. SV Genesis Business Program - Year to date the program has seen four mentor resiqnations. Attempts to replace the mentors have been challenging. As a result I will be working with the SBA to provide counselors that will take the place of the mentors. The SBA has been receptive to the idea of their staff workinq with the Genesis participants on location instead of the businesses traveling to the CBA centers. The program also continues to face the difficulty of finding Interns. While several interviews have taken place the positions remain opened because they are not paid positions. Staff has placed internship advertisements with many local Universities and has gone to speak with student groups reqardin_ci the open positions. Despite these challenges the Program participants remain satisfied with the program. Most of the participating businesses have been experiencin_ci a vet3/prosperous and busy season. As a result time spent with the mentors has been limited. AG Grants Update Boynton Women's Club, Delray-Boynton Academy and First Baptist Church are moving forward with their facade grant. Salefish Realty Inc. is requesting a Facade Grant Reimbursement, which is in your packaqe. Self. Assembly- Miller Appraisal reports are due January 31st, 2005 for Federal Hwy & Boynton Beach Blvd Self-Assembly Groups. Parkside Downtown Village has been sent out for bid for an appraiser. NM Police Activity Report- Please find attached. SV. Web Site Activity Report- March's report is attached. AG. Newsletter- The first quarter newsletter was published and mailed on March 19th. A copy of the newsletter has been included in you FYI packets and can also be viewed on the CRA web site. Materials for the Second Quarter newsletter is due to me no later than April 30th and the issue will be published on June 16th. · Events Movies on the Avenue: Movies on the Avenue is a work in oroqress. The event has been plagued with bad weather and March saw a slight increase in attendance. Staff believes that the event will build 8244 Annette's Shares Z:\Monthly Directors Reports~005\Directors Monthly Status Report April Meetings.doc a followinq if a consistency can be maintained. In an effort to maintain more control a contin.qency plan to hold the event indoor, s at the City library has been implemented. HeritacleFest 2005: A wrap up event was held on March 29th. Attendees were asked to complete a survey. The results will be tabulated and put into report form. The meetinq was very productive, because many community entities attended and provided a variety of feedback. Proposed Dates for 2005 events: April 12~ Movies on the Ave May 13~ Movies on the Ave June 10~h Movies on the Avenue July 8~h Movies on the Avenue September 22~d CRA Development Fair October 28t" CRA State of the CRA December 4~ Winter Carnival 8245 Annette's Shares Z:\Monthly Directors Reports~2005\Directors Monthly Status Report April Meetings.doc 8246 8247 8248 8249 8250 8251 8252 8253 8254 8255 TO: Li ie, DATE: Apr/l 8, 2005 Special Services Adiministrative Sergeant vis, Police .R.A. Unit FROM: CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM SUBJECT: C.R.A. Unit Monthly for March 2005 REFERENCES' ENCLOSLYRES: C.R.A. Unit Monthly- March 2005 Heart of Boynton The Heart of Boynton Officers assisted road patrol with a variety of calls within this area.. · The Heart of Boynton Officers had 24 traffic contacts which consisted of several citations, warnings and arrests. · The officers continued to meet with the business owners and talk with citizens who live in the area. Residents have expressed concern about the increase in narcotics activity. · Officers are in continuous contact with representatives of the Boynton Terrace facility, in an attempt to prevent unauthorized subjects from utilizing the property. The property has finally been completely vacated and boarded. · Officers are also coordinating with road patrol to prevent increased narcotics activity at Boynton Terrace, and other locations. · Officers are also conducting increased patrols in the area around St Marks School and the adjacent parks in reference to a subject who has exposed himself to the children. Central Business District · The Central Business District Officers assisted road patrol with a variety calls for service within this area. · Ofc. Danysh completed several Police Explorers meetings and functions, as well as instructing at several events. · The officers continued to enforce traffic laws within this area. This led to 81 traffic contacts, resulting in several citations, warnings, and traffic arrests. Upcoming activities- April 2005 · The Heart of Boynton Officers will continue to work with the Boynton Terrace management in order to prevent criminal activity at this location. Demolition should begin soon at this location. · The Central Business District Officers will be continuing to enforce traffic laws within the area. · Officers will continue to be very visible within C.R.A. areas. This will include a large amount of bike patrol to allow for more direct interaction with members of the business community, and general public. · All four officers will continue to prepare for the bicycle patrol course, which they are currently scheduled to attend in May. - In response to the great success of the initial presentation, Officers Davis and Danysh will be coordinating with the St Mark's Catholic School to provide even more presentations to the different grades at that school. Date: 4-8-05 Completing Officer: R. DAVIS 796 Vehicle # 4501 Vehicle # 4502 Total Hours Worked: Total Hours (vac/comp/personal/auth leave): Beginning Mileage: Beginning Mileage: 579 CRA UNIT MONTHLY 54 2916 1883 Reports: Burglary: Alarms: 2 Suspicious Person: 2 Suspicious Vehicle: Stolen Vehicle: Assault: Narcotic Related: 4 Parking Citations: T3otal Traffic Contacts: 105 Community Service: Business Owner Visits: 425 Citizen Interactions: 903 Referrals Total: 26 Other Departments: Other Information: Police Assists: 9 Other: 15 Civil Assist: 1 Abandoned Vehicle: - Recovered Vehicle: Vandalism: Citations: 25 AAR's: Crashes: 1 Month/Year: MARCH 2005 Mileage Total: 38'50 Mileage Total: 2522 Total Arrests: 22 City: 9 CRA: 16 Other: Other Thefts: 1 Other Recovered Property: Weapons Related: Vehicle Towed: Battery: 1 Domestic Violence: 2 Warnings: 80 PAR's: Disturbance: 3 Total Community Meetings: Attended: - Organized: Other Contacts: Explain: UNITS CONDUCTING NUMEROUS EXTRA PATROLS TO ADDRESS AREA SPECIFIC PROBLEMS. UNITS ASSITED WITH THE MOVIES ON THE AVENUE EVENT Date: 3-31-05 Officer: Danysh PLI Completion Date: 3-3-05 # Hours Worked: 161 Total Reports Taken: 34 Case # MO 05011387 EXPA 05014035 ALRA 05014780 EXPA 05014962 EXPA 05015932 DOTA CRA OFFICER MONTHLY Month/Year: ID#: 606 Call Sign: I.C. Test #1' yes I.C. Test #2: # Hours Vacation/Comp/Personal/Auth Leave: Mileage: 349 Case # MO 05013087 ALBA 05014755 CVLA 05014947 EXPA 05015708 EXPA 05016565 EXPA March 05 c31 yes 11.5 #of Arrests: 0 Case # MO 05013256 EXPA 05014779 SPPA 05014950 EXPA 05015738 EXPA Citizen Contacts (no Case #) Business Owner Visits: 100 Citizen Interactions: 100 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: Attended: Organized: Other Contacts: Explain: PAR's Total Traffic Contacts: 18 Citations: Warnings: 18 Parking Citations: Spoke to youth at St.Johns, Taught at Citizen Police Academy and coducted a Fingerprinting Detail at Dillard's. Other Comments: Held Police Explorer Meetings and Training Date: 3/28/05 Officer: REYNOLDS PLI Completion Date: 3/4/05 1800 # Hours Worked: 134.0 Total Reports Taken: 7 Case # MO 05-011541 VNRC 05-011551 TREW 05-011610 TRFS 05-011958 TRFS 05-012683 SPIA 05-015127 WARA Citizen Contacts (no Case #) Business Owner Visits: 124 Citizen Interactions: 289 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: Attended: Organized: Other Contacts: Explain: CRA OFFICER MONTHLY Case # 05-015395 Month/Year: ID#: 793 Call Sign: I.C. Test #1: 3/5/05 I.C. Test #2: # Hours Vacation]Comp/Personal/Auth Leave: Mileage: 585 # of Arrests: MO Case # LOTZ MARCH 05 C32 15.5 14 MO PAR's Total Traffic Contacts: 63 Citations: 18 Warnings: 45 Parking Citations: Other Comments: CONSTANT EXTRA PATROLS AT 211 S FEDERAL, BANANA BOAT BRIDGE, BOAT DOCKS, OCEAN PLAZA, ALL BUSINESS ON E. OCEAN AVENUE. KIDS KINGDOME, THE LIBRARY, CIVIC CENTER, ARTS CENTER, BUSINESS ON SOUTHSIDE OF ESR 804, BOYNTON PLAZA EAST, OCEAN PLAZA, MANGROVE PARK AND 600 N. FED. CRA OFFICER MONTHLY Date: 4-8-05 Officer: R. DAVIS PLI Completion Date: 3-7-05 # Hours Worked: 157 Total Reports Taken: 14 Case # MO 05-11236 VNRA 03-70221 05-11436 PASZ 05-15556 05-14663 LPRA 05 ~ 15701 , 05-14773 VNRA 05-15783 05-14917 SEXA 05-15807 05-14944 PASZ 05-15957 17 Citizen Contacts (no Case #) Business Owner Visits: 129 Citizen Interactions: 287 Referrals Total: Other Departments: City: 7 CRA: 10 Other: Total Community Meetings: Other Contacts: Explain: Case # Month/Year: March 2005 ID#: 796 Call Sign: C33 I.C. Test #1: YES I.C. Test #2: YES # Hours Vacation/Comp/Personal/Auth Leave: 5 Mileage: 409 # of Arrests: 6 MO Case # MO DDMA ROTC O5-15961 TRFZ 05-15973 DDMA SOVC DSNA SPPA DOTA Attended: Organized: PAR's Total Traffic Contacts: 7 Citations: 1 Warnings: 6 Parking Citations: ASSISTED WITH MOVIES ON THE AVENUE Other Comments: Date: 04-01-05 Officer: LAUTURE PLI Completion Date: # Hours Worked: CRA OFFICER MONTHLY Month/Year: ID#: 797 Call Sign: I.C. Test #1: ....... I.C. Test #2: # Hours Vacation/Comp/Personal/Auth Leave: Total Reports Taken: 5 Case # MO 05-11541 VNRC 05-11740 LPRA 05-14215 AHRA 05-16366 EX:PA 05-14439 AGAB Case # Mileage: 230 MO # of Arrests: Case # 03-05 C34 22HRS. FAM. SICK 2 MO Citizen Contacts (no Case #) Business Owner Visits: Citizen Interactions: Referrals Total: Other Departments: Total Community Meetings: Attended: Organized: Other Contacts: Explain: 72 PAR's 227 AAR's 3 City: 3 CRA: 0 Total Traffic Contacts: 17 Other: 0 Citations: 6 2 Warnings: 11 2 Parking Citations: 0 Other Comments: ROTATING (BIKE AND VEHICLE) EXTRA PATROLS WERE/CONTINUELY BEING DONE IN THE AREAS OF: MANGROVE PARK, 600 N FEDERAL HWY, PALMETTO GREEN PARK, SARA SIMMS PARK, EZ MART, CHERRY HILL MINI MART AND 400 NW 5TM ST. Xll. Board Member Comments 8256 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xlll. Legal 8257 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the vroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda [] Old Business · Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 6, 2005 SUBJECT SUMMARY PARAGRAPH: Legal Staff is presenting this proposed resolution to address the presumption of prejudice in quasi-judicial hearings arising from ex parte communications. This will provide the CRA Board members a process to disclose their ex prate communication and thus nullify the presumption. RECOMMENDATION: Staff is recommending the formal adoption of this resolution. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Legal Staff is presenting this proposed resolution to address the presumption of prejudice in quasi-judicial hearings arising from ex pate communications. This will provide the CRA Board members a process to disclose their ex parte communication and thus nullify the presumption. From a practical standpoint it will not change how we declare communication since Legal Staff has been there, but it is significant from a legal standpoint. This resolution was prepared and is recommended by CRA Legal Staff. FISCAL IMPACT: No Fiscal Impact. ALTERNATIVES: The alternative would be to due nothing. / · CRA Staff Douglas Hutchinson, CRA Director 8258 Susan's Shares V:\memos\CRA Agenda Item Request for quasi-judicial resolution.doc Page 1 of 1 Hutchinson, Douglas From: Sent: To: Cc: Kenneth Spillias [kspillias@llw-law.com] Tuesday, March 29, 2005 1:11 PM HutchinsonD@ci.boynton-beach.fl. us Kristin K Bennett; VielhauerS@ci.boynton-beach.fl.us Subject: Ex parte communications resolution Doug: Attached is a proposed resolution to address the presumption of prejudice in quasi-judicial hearings arising from ex parte communications. What this does is provide the process for board members to disclose their ex parte communications and thus nullify the presumption. From a practical standpoint it won't change much about how we have declared these communications since I've been there, but it is significant from a legal standpoint. On an appeal from a quasi-judicial decision of the board, which would go to Circuit Court, if there is a presumption that an ex parte communication was prejudicial, then the CRA would have to prove that it wasn't. Without the presumption, then the party claiming the prejudice would have to prove it. This burden of proof issue can make the difference between winning an appeal and losing it. would suggest that this item go on the next board agenda and that it be considered and voted upon before any public hearings that may be held that night. Kenneth G. Spillias Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach FI, 33401 Phone: (561) 640-0820 Fax: (561) 640-8202 8259 3/29/2005 RESOLUTION NO. Z~ 5 --~. I A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, DECLARING THE PUBLIC NECESSITY OF PROVIDING FOR A PROCESS TO REBUT THE PRESUMPTION OF PREJUDICE FROM EX PARTE COMMUNICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) serves as an advisory board for the City of Boyton Beach for land use and zoning approvals within the CRA boundaries; and WHEREAS, within the CRA boundaries, the CRA's responsibilities include approving, updating, and implementing all development and redevelopment plans; reviewing and making recommendations on all development master plans, site plans and planned unit developments; approving the acquisition, demolition, removal, or disposal of property as needed to alleviate slum and blight; and WHEREAS, any person not otherwise prohibited by statute, rule, charter, resolution or ordinance may communicate in person or by writing to any member of the CRA regarding the merits or lack thereof of any matter on which quasi-judicial action may be taken by the CRA; and WHEREAS, Florida judicial decisions have held that there is a presumption of prejudice when a person communicates ex parte with a member of the CRA regarding the merits or lack thereof of any matter on which quasi-judicial action may be taken by the CRA; and WHEREAS, Section 286.0115, Florida Statutes, provides for the adoption of a resolution removing the presumption of prejudice from ex parte communications by establishing a 8260 process to disclose ex parte communications with appointed board members who recommend or take quasi-judicial action; WHEREAS, the CRA deems it in the best interests of the CRA and the residents and property owners located within its boundaries to provide for a process to rebut the presumption of prejudice; NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, THAT: SECTION 1. ADOPTION OF "WHEREAS" CLAUSES The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. INTENT It is the intent of the CRA to provide for a process to rebut the presUmption of prejudice when a person communicates ex parte with a member of the CRA regarding the merits or lack thereof of any matter on which quasi-judicial action may be taken by the CRA. Such a process is necessary, serves a municipal and public purpose and is in the best interest of the CRA and the residents and property owners located within its boundaries. SECTION 3. PROCESS TO REBUT TIlE PRESUMPTION OF PREJUDICE FROM EX PARTE COMMUNICATIONS WITH CRA OFFICIALS The CRA hereby adopts the following public disclosure process relating to its appointed board members charged with making recommendations and/or taking final action on any quasi-judicial proceeding. The Board's compliance with the following process shall serve to rebut the presumption of prejudice from ex parte communications with CRA board members. 8261 (a) Any person not otherwise prohibited by statute, rule, charter, resolution or ordinance may communicate in person or by writing to any member of the CRA regarding the merits or lack thereof of any matter on which quasi-judicial action may be taken by the CRA, so long as the process provided herein is observed. (b) The substance of any ex parte communication with a member of the CRA which relates to any quasi-judicial action pending before the Board shall not be presumed to have been prejudicial to the action if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record of the CRA, before final action is taken on the matter. (c) Members of the CRA may read a written communication from any person regarding a matter or issue which is pending before the Board sitting in its quasi-judicial capacity. However, a written communication that relates to quasi-judicial action pending before the Board shall not be presumed prejudicial to the action provided such written communication shall be made a part of the record of the CRA before final action is taken on the matter. (d) Members of the CRA may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial actions pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is made a part of the record of the CRA before final action is taken on the matter. (e) Disclosure made pursuant to this section must be made before or during the public meeting at which a vote is to be taken on such matters, so that persons who have opinions 8262 3 contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the ex parte communication. SECTION 4 CONFLICT All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5 SEVERABILITY If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6 EFFECTIVE DATE This Resolution becomes effective immediately upon its passage and adoption. Board member offered the foregoing Resolution and moved its adoption. The motion was seconded by Board member and upon being put to a vote, the vote was as follows: JEANNE HEAVILIN, Chairman HENDERSON TILLMAN, Vice-Chairman MARIE HORENBURGER, Board member JAMES BARRETTA, Board member STEVEN MYOTT, Board member ALEXANDER DEMARCO, Board member DON FENTON, Board member 8263 4 The __ day of Chairman thereupon declared this Resolution approved and adopted this ,2005. BOYNTON BEACH COMMLrNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: By: Chairman CRA Attorney 8264 XlV. Other Items 8265 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the · ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561o73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XV. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension and Promenade. (TBD) B. Consideration of Interlocal Agreement for the MLK Phase I Project (TBD). C. Consideration of Interlocal Agreement between the CRA and the City of Boynton Beach for Events and Festival services. 8266 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim ~ecord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XVl. Future Project Preview 8267 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the -~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XVll. Adjournment. 8268 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. THE PALM I~EACH POS~ TUESDAY, APRIL 12~ 2000 Accord possible on cities' telecom A compromise plan would give private utilities first crack. By KRIS~. E. SWARIZ Palm Bea~ Post Sta~ Writer A bill that would limit the ability of cities to offer broad- band access is headed today to a state Senate committee after a compromise was struck between municipal groups and representatives of the telephone and cable companies. 'q'he good news is that only cities that are truly un- derserved will go and offer these services, and if there's a private provider that can offer what the cities want and need, then the cities will be served in some way," said Barry Moline, executive director of the Florida Municipal Elec- tric Association, which rely resents cities that own utili- ties. Under the legislation, cit- iesd counties and special dis- tricts without high-speed In- ternet access could offer it, but only after checking first with the phone and cable companies about their broadband products. The municipalities then would have to draw up a business plan, establish a separate budget for the project and two public hearings. Meanwhile, the House version of the bill, which has passed both of its committees and could be voted on soon, has stricter terms for cities wanting to offer high-speed services. Moline said he hopes the bill's sponsor .will accept the compromise, which was reached after hours of bantering in Gov. Jeb Bush's office last weelc The discussion took place at the urging of Sen. Lee Constantine, R-Altamonte Springs, the bill's sponsor and the utilities committee chairman. It's ,unclear whether ei- ther bill spells trouble for Boynton Beach's Community Redevelopment Agency, which is working with the city's IT contractor to bring fi.de wireless Internetaccess downtown. Doug Hutchin- son, the agency's director, sa s a roject handled by the city will remain free and won t have advertising controlled by an outside provider. "Our goal ... is to en- hance the quality of life for a downtown area, and that's what we're going back to," Hutchinson said. See BROADBAND, 8D ~ Lobbyists call · BROADBAND porn ZD Florida is one of 11 states for competiti°n group Free Press. Gregory Rose, a consult- ant for the D.C.-based Media Access Project, said letting entertaining legis!aU.'on, ~at_ the cities in would spur corn- would restrict a c~ty's anmry petition instead of "crowding to offer broadband access, out" the market. .. ~ Consumer and 'medi.a,' The majority of Atlanta- groups held a conference can based BellSouth Corp.'s Monda , saying such laws go nine-state territory has high- 'Y · 's against President Bush speed Internet access, mandate to ensure everyone spokeSWoman Marta Casas- has access to high-speed In- Celaya said. The company is mm, et b,y 2007. considering using high-speed %Ve re mOving in a direc- wireless access to fill gaps, tion t,,o restrict, to cut off ac- especially in rural areas, She cess, said Ben Scott, policy said. director for the media reform, · kristi_,~wart~pbpost.com