Agenda 03-10-09
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iii East Side - West S.,de- Seas,de Renaissance
If any person decides to appeal any declSlon made by tbe Board witb respect to any matter considered at this meeting. he or she wiL
need a record of tbe proceedings, and tbat, for such purpose, he or she may need to ensure tbat a verbatim record of the proceedmg,
is made, which record includes the testimony and evidence upon which tbe appeal is to be based
CRA Board Meeting
Tuesday, March 10,20096:30 PM
City Commission Chambers
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
I. Call to Order - Chairman Jerry Taylor
II. Pledge to the Flag and Invocation
III. Roll Call
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
V. Announcements & Awards:
A. Florida Redevelopment Association Video
B. Oceanfront Concert Series - Strictly Business Band - March 20th from 6-9 PM
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting February 10,2009
B. Approval of Minutes - CRA Board Special Workshop February 11,2009
C. Approval of Period-Ended February 28,2009 Financial Report
D. Approval of Resolution 09-01 for Additional Three Year Term for IT Services
E. Approval of Palm Beach International Film Festival Movie Showing
2. Review of Board Direction Regarding Third-Party Financial Verification of
Master Development Agreement with Auburn Development, LLC
B. Mangrove Maintenance RFP
1. Review of Responses and Ranking
2. Selection of Contractor
3. Approval of Contract between CRA and Environmental Design South
C. Consideration of Approval to Issue a RFP to Solicit Bids from Contractors
for the Boynton Harbor Marina Slip Renovation Project
D. Consideration of Work Order #08-0203 with MSCW, Inc. in the Amount of
$622,671.00
E. Consideration of Request for Funding the Graffiti Art Project - TABLED
February 10, 2009
F. Discussion of CRA Owned Property Located at 20 I NE I st Avenue
G. Consideration of Appropriating Additional Funds for the Residential
Improvement Program
H. Consideration of Splash Down Dive Shop Lease Renewal
XII. New Business:
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
A. Consideration of Purchasing Property located at 111 NE 9th Avenue
B. Consideration of Purchase Agreement for Two Lots on NE 9th Avenue
Future Agenda Items
Comments by Staff
Comments by Executive Director
Comments by CRA Board Attorney
Comments by CRA Board
Adjournment
~~~~Y~T2~ eRA
Ii East Side-West S.,de-Seaside Renaissance
If any person decides to appeal any decislOn made by tbe Board witb respect to any matter considered at tbis meeting. he or she will
need a record of tbe proceedings, and tbat, for such purpose, he or she may need to ensure tbat a verbatim record of tbe pmceedmg,
is made, which record includes the testimony and evidence upon which tbe appeal is to be based
CRA Board Meeting
Tuesday, March 10,20096:30 PM
City Commission Chambers
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
I. Call to Order - Chairman Jerry Taylor
II. Pledge to the Flag and Invocation
III. Roll Call
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
V. Announcements & Awards:
A. Florida Redevelopment Association Video
B. Oceanfront Concert Series - Strictly Business Band - March 20th from 6-9 PM
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting February 10,2009
B. Approval of Minutes - CRA Board Special Workshop February 11,2009
C. Approval of Period-Ended February 28,2009 Financial Report
D. Approval of Resolution 09-01 for Additional Three Year Term for IT Services
E. Approval of Palm Beach International Film Festival Movie Showing
I Approval of Sponsorship from Panera Brea.
(x Approval of Sponsorship for the Habitat for Humanln CollegIate Challenge in the
Amount of $500
H, Approval of Sponsorship for Artavox Even
1. Monthly Procurement Purchase Order~
VII, Information Only
A. CRA Policing Activity Report for the Month of February. 2009 and
District Statistics for the Months of January and February. 2009
B. Boynton Beach CRA and Trolley Website Update-
C. Complaint/Comment Log - Monthly Update
D. Planning and Development Board Meeting Agenda - February 24.2009
E. Administrative Policy Manual: Five Important Changes Request
F. FY 2009/2010 Appropriation Request Submittal Report
G. Holiday Parade 2009 Route Update
H. Approval of Boynton Beach CRA Trolley Ridership Update
VIII. Pulled Consent Agenda Items:
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
X. Public Hearing:
Old Business:
New Business:
XI. Old Business:
A. Auburn Development, LLC
1. Consideration of Master Development Agreement with Auburn
Development, LLC
Review of Board Direction Regarding Ilml1-]Jan\ t'manCldi veritlcation
Master Development Agreement with i1uhum f)nelunmt'n
B Mangrove Maintenance RFP
Review of Responses and RankIn!:
Selection of Contractor
Approval of Contract between CRA and Em'Ironmental Design South
C Consideration of Approval to Issue a RFP to Solicit Bids trom Contractors
for the Boynton Harbor Marina Slip Renovation PrOle'
D, Consideration of Work Order #08-0203 with MSCW 1m:. 111 the Amount of
$622,671.00
E. Consideration of Request for Funding the GraffIti Art Project -. TABLED
February 10, 2009
F. Discussion ofCRA Owned Property Located at 201 NE 1 st Avenue
G. Consideration of Appropriating Additional Funds for the Residential
Improvement Program
H. Consideration of Splash Down Dive Shop Lease Renewal
XII. New Business:
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
A. Consideration of Purchasing Property located at III NE 9th A venue
B. Consideration of Purchase Agreement for Two Lots on NE 9th A venue
Future Agenda Items
Comments by Staff
Comments by Executive Director
Comments by CRA Board Attorney
Comments by CRA Board
Adjournment
V. ANNOUNCEMENTS & AWARDS:
A. Florida Redevelopment Association Video
v. ANNOUNCEMENTS & AWARDS:
B. Oceanfront Concert Series -
March 20, 2009 from 6 PM to 9 PM
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ill East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
II Consent Agenda I
Old Business
New Business
Public Hearing I X I
Other
SUBJECT: Announce the Upcoming Oceanfront Concert (Info. Only)
SUMMARY:
. On Friday, March 20, 2009, the Boynton Beach CRA, the City of Boynton Beach and The Palm
Beach Post will present an Oceanfront Concert
. Featuring the R & B music of the Strictly Business Band
. This FREE concert will take place from 6:00 PM - 9:00 PM at Oceanfront Park located at 6415 N.
Ocean Blvd, Ocean Ridge
. Food and Drink vendors available
. Please bring your folding chairs and be prepared to dance the night away
. Park onsite or park and ride the shuttle from the Bank of America on the corner of US 1 and East
Ocean Avenue, shuttle runs from 5:30 PM - 9:30 PM
FISCAL IMPACT: None (Info. Only)
RECOMMENDATIONS: N/A
Kathy Biscu' i
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006 - 2009 Board Meetingsl3-1Q-09 MeetinglOceanfrontConcert 3-20-
09.doc
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ONT
Boynton Beach
OCEANFRONTCONCERTSERffiS
Friday
Friday
Friday
March 20,2009
Aprill7,2009
May 15, 2009
6:00 - 9:00 PM
6:00 - 9:00 Pl\-I
6:00 - 9:00 PM
Bring the Entire Family... FREE CONCERTS
Oceanfront Park - 6415 N. Ocean Blvd.
On A lA, just North of Ocean Avenue bridge. Park on site, or ride the
free shuttle - park at Bank of America on the comer of East Ocean
Avenue and Federal Highway. Shuttle runs from 5:30 PM to 9:30 PM.
Bring your folding chairs and prepare to dance the night away!
Food & Drink vendors available. Please leave pets at home!
For Information call: 561-742-6246 or 737-3256
www.boyntonbeachcra.com
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Ii East Side-West Side-Se;aslde Renaissance
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VI. CONSENT AGENDA:
A. Approval of Minutes-CRA Board Meeting
February 10,2009
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON TUESDAY, FEBRUARY 10, 2009, AT 6:30 P.M. IN CITY COMMISSION
CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Woodrow Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
Jim Cherof, Board Counsel
I. Call to Order - Chairman Jerry Taylor
Chair Taylor called the meeting to order at 6:29 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation, followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll. A quorum was present.
IV. Agenda Approval:
A Additions, Deletions, Corrections to the Agenda
None
B. Adoption of Agenda
Motion
Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed
unanimously.
V. Announcements & Awards:
A Oceanfront Concert Series - Cricklewood - February 20, 2009 from
6:00 p.m. to 9:00 p.m.
Kathy Biscuiti, Special Events Director, announced the second Oceanfront Concert
would be held at Oceanfront Park, and would feature the Cricklewood Band. Parking
1
Meeting Minutes
Community Redevelopment Agencv Boarc
Boynton Beach, Florida
February 1 0, 200~
was available onsite, and continuous trollev service was accessible at Bank of Amerl(
beginning 5'30 p.m. to 9:30 pm Fooo and beverages would be available Sr,
encouraged everyone to attend Chal' -r aI/lor noted everyone could dance to the rnu~
of the band
She thanked the Board members for their donations In support of the concert senes
VI. Consent Agenda:
A Approval of Minutes - CRA Board Meeting January 13. 2009
B Approval of Minutes - CRA Board Special Meeting January 20,2009
C Approval of Minutes - CRA Board Special Meeting January 26, 2009
D Approval of Period-Ended January 31, 2008 Financial Report
E Administrative Policy Manual (Tabled January 13, 2009)
Mr. Weiland pulled this item
F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers
Construction, Inc. for Value Engineering Services at 211 E Ocean Avenue
G Approval of a Commercial Fac;ade Grant In the amount of $15,000 to
Woolbright Development, Inc for the property located at 1625 South
Federal Highway
Motion
Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the
motion that passed unanimously.
VII. Pulled Consent Agenda Items: (Heard out of Order)
E Administrative Policy Manual (Tabled January 13, 2009)
Mr. Weiland requested a brief summary of the item
Ashley Buckley, Administrative Services Manager, explained the Administrative Policy
Manual was created in 2003 and was updated, as it contained antiquated logos, Board
member names, and account information. It was an internal policy for staff to use. It
provided direction to staff, in the event of absences, another staff member could
perform their tasks.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
The following sections were discussed:
The Interoffice Complaint form, part of Human Resources Manual was removed. It was
clarified the Human Resources manual was a part of the Administrative Policy Manual.
The update separated the policy manuals, which were still in place, and made the
document more user friendly.
The Grants Management Section, under Economic Development was removed. When
the policy was created, an Economic Development position was contained in the
organizational chart. There were four employees working at the time, with additional
positions anticipated. Since then, staff compiled job descriptions and tasks, put them in
one section, and made the Administrative Policy Manual handle only administrative
functions. The document was similar to an operating manual. It was noted job
descriptions were different from an operating manual. Ms. Buckley suggested the old
manual be reviewed, as the procedures were not taken away; they were relocated to a
more appropriate section.
The Quasi-judicial Proceedings were removed at the recommendation of legal counsel;
however, there was discussion those were the types of issues that would impact the
Board, and the Board members needed to be aware of them. Vice Chair Rodriguez
requested a very brief listing of the most important items changed the changes made.
He also requested a list of the top five items that had the greatest impact on staff and
the Board. Ms. Buckley agreed to forward them.
Jim Cherot, Board Attorney, explained the preparation of the Administrative Policy
Manual was a tedious task. He worked with Ms. Buckley on it and praised what she
accomplished. He noted the document contained a summary of changes, which he
reviewed.
The Booking of Appointments section was removed. Attorney Cherof suggested the
CRA staff maintain a master calendar so Board members are able to research how staff
action developed, who was involved in the process, and whom they met with. Many
public organizations maintain a master calendar.
The Document Identification Section was removed. Attorney Cherof suggested the
footer in the Administrative Policy Manual reflect where the document is located
electronically. From a public records review, he recommended footers be used on all
documents, so if a request was made, the document could be tracked.
The Policy and Procedure Agenda was reviewed. The section sets the procedures for
how the agenda is developed. It specifies the Executive Director would meet with each
Board member to discuss any agenda questions prior to the meeting. Attorney Cheraf
suggested, "The Executive Director shall meet with each Board member who desires to
meet, to discuss any agenda questions." The language removed the implication the
Board members have a mandatory duty to meet with the Executive Director. It was
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Meeting Mmutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
suggestea language meeting with the Assistant Director or other staff In the event the
Executive Director was out sick be used Attorney Cherat agreed that would be fine
Mr. Hay commented it appeared the Board was changing a policy to match a
personality and the members may not be on the Board in the future. Attorney Cherot
explained not all current Board members have the same approach to preparing
themselves for meetings. The Executive Director will be available to meet With each
Board member, but it should not be mandated that it occur because later the policy
could return, indicating the Board approved the policy but refused to meet with the
Executive Director Changing the language to read. "The Executive Director wi.u may
meet. " was suggested.
The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three
reads "Reoccurring complaints, and those deemed significant by the Executive Director
will be relayed to the Board of Directors." Attorney Cherof pointed out the term
"deemed significant" was subjective There is a policy requirement to maintain a
complaint log, and it was suggested staff make the log available to the Board each
month
Ms. Bright requested a definition of what could be construed as a complaint. It was
noted the Community Redevelopment Agency does not receive complaints often and if
they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at
the right location for the trolley stop Those calls do not make it into the complaint log
Vice Chair Rodriguez responded anything that was within the Community
Redevelopment Agency's control or when a resident indicates they do not agree with
something, should be logged. Attorney Cheraf clarified that although staff may have to
respond to the complaint, the citizens hold the Board responsible and accountable. He
suggested instead of the Executive Director having to select what is a complaint; just
turn the sheet over to the Board once a month After discussion, all complaints would be
logged and turned over to the Board
Motion
Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's
recommendations. Mr. Hay seconded the motion that passed unanimously.
Ms. Buckley would forward the information within a week
VIII. Information Only
A CRA Policing Activity Report for the Month of January, 2009 and District
Statistics for the Months of December, 2008 and January, 2009
B. Boynton Beach CRA and Trolley Website Updates
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
C Planning and Development Board meeting agenda - January 27, 2009
There were no comments received on these items.
IX. Public Comments: (Note: comments are limited to three minutes in duration)
Shirley Jaskiewicz, 1917 SW 13th Avenue, spoke as Chair of the Planning and
Development Board. She reported, at the last Planning and Development Board
meeting, there were requests for time extensions. A discussion had followed who was
responsible for enforcing the initial conditions of approval on a project that has dragged
on for years. The downturn in the economy was a factor; however, the members were
concerned about maintaining the property in the interim. Most of the projects were
within the Community Redevelopment Agency District and in areas they were trying to
promote. She inquired if the Community Redevelopment Agency could enforce, with
the current owner, their responsibility to maintain the property in a way so it would not
be an eyesore.
Chair Taylor explained they could contact the property owner, and maintenance is
usually a condition of approval. Vice Chair Rodriguez also pointed out Code
Enforcement could address the issue. Ms. Jaskiewicz explained when extensions are
considered they require beautification take place and have given 90 days to make the
improvements or the extension would not be valid. Ms. Jaskiewicz wanted the
members to be aware of the issue.
Buck Buchanan, 807 Ocean Inlet Drive, advised the Chamber of Commerce and INCA
were in support of the brownfields. He requested it be put on the agenda to start the
process. The Business Development Bureau had developers visiting the rest of the
week, and the issue was important to the development of Boynton Beach.
Ms. Bright would work with the City Manager and pursue the matter. There was
consensus to revisit the issue.
X. Public Hearing:
Old Business:
None
New Business:
None
XI. Old Business:
5
Meeting Minutes
Community Redevelopment Agency Boare
Boynton Beach, Florida
February 10, 2009
.~ Audit Independence and Selectlo'
!VIs Ross had requested this item be brought bac~\ AT the last meeting. there was
information exchanged, which she requested be clarifle~
Susan Harris, Finance Director, responded the information was included in the meeting
backup materials. The discussion was whether the auditor was independent and who
paid the vendor. All Certified Public Accountant's and firms needed to adhere to 47
pages of standards in order to be considered "independent". Additionally, Florida
Statute requires Community Redevelopment Agencies and municipalities to select
independent certified public accountants or firms for their annual audit and pay for them
with public funds. This was similar to how the City operated. The standards were on file
if any members wanted to view them
Vice Chair Rodriguez felt the auditor was unprepared to answer his questions, which
pertained to sampling and thresholds. Ms. Harris advised that in the future she would
recommend the auditor bring their work papers
At Ms. Ross's request, Ms. Harris would advise the auditor of the discussion
B Discussion and Consideration of Audit Finding - Segregation of Duties
Ms. Harris explained as a further internal control, they would like to have an individual
outside of the Finance Department receive incoming cash and checks, log them
prepare a reconciliation and forward it to Ms Harris to reconcile against bank
statements. They would also like to have an individual apart from the Finance
Department handle the petty cash. Those duties were assigned to Finance and handled
by the Administrative Assistant, but the position is currently vacant and unfunded.
Management's response was they would comply with the auditor's recommendation
subject to appropriate staffing levels
Vice Chair Rodriguez suggested the Administrative Services Manager be assigned the
task. The CRA receives about 100 checks and cash per year. Ms. Harris agreed to
Vice Chair Rodriguez's suggestion
A procedure to handle gifts or donations to a concert series was discussed. Ms. Harris
advised if a contribution is made for a concert, it is given to the Finance Department to
deposit into the correct account. Vice Chair Rodriguez suggested a process be put in
place to bring it before the Board for approval as care needed to be taken when
accepting contributions from anyone and it should not reside solely on the CRA staff
After the members considered the matter. it was agreed donations could be accepted
and brought before the Board for review
6
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 1 0, 200~
Motion
Vice Chair Rodriguez moved for a motion to develop such a procedure going forwarc
Attorney Cherof suggested providing documentation to the donor indicating the donation
was conditionally accepted, subject to Board approval. This would facilitate depositing
the checks and there would be a clear acknowledgement its acceptance was
conditional. Ms. Harris would accept the donations, deposit them, develop a report for
the Board and send the firm a letter indicating the donation was conditioned upon Board
approval. There was consensus the procedure should be part of the Administrative
Policy Manual.
C. Discussion and Consideration of Audit Finding - Marina Operations: Fuel
Sales
Chair Taylor advised this item was addressed.
Ms. Harris requested a motion to approve management's response that the action they
were taking was agreeable to the Board.
Motion
Mr. Hay moved to approve. Vice Chair Rodriguez seconded the motion that passed
unanimously.
D. Discussion and Consideration of Audit Finding - Police-Related
Expenditures
Attorney Cherof explained this issue pertained to the expenditure of funds and he had
discussed it with the Executive Director. He concurred with the responses to the
auditor's comments and suggested the recommendation contained on the agenda item
be handled by Board Counsel.The amendment provided for a very specific authorization
for an expenditure of funds.
The issue arose from a misreading of audit information from the Daytona Beach
Community Redevelopment Agency. Attorney Cherof advised the opinion of the Auditor
General was not binding on Boynton Beach and the opinion was advisory in nature.
He disagreed with the recommended action and advised he was prepared to make
recommendations and give opinions to the Board without any additional expenditure of
funds. Chair Taylor noted the language was vague and it appeared no determination
had been made.
Ms. Harris clarified Chapter 163, which governs the Community Redevelopment
Agency, allows them to use innovative community policing. The Daytona Beach
7
Meeting Minutes
Community Redevelopment Agency Boare
Boynton Beach, Florida
February 10, 2009
Community Redevelopment Agency opinion IndIcated thaI maybe the funds should not
nave been used, even though it was permittee under Statute If the Attorney would
Issue a written opinion that any expenditure, Including those for police vehicles and
other police expenditures, are appropriate for the Community Redevelopment Agency
they would be fine. They needed to be covered as a deficiency existed and show the
Community Redevelopment Agency addressed the Issue in some manner
Chair Taylor noted Board Counsel was taking responsibility for the manner in which
they conduct business. Attorney Cherof was asked for a timeline He noted he provided
the documentation by approving the format of the Ordinance approved by the City
Commission and the Community Redevelopment Agency approved by Resolution with
regard to the language. It was his opinion the expenditures under the current agreement
between the Community Redevelopment Agency and the City were appropriate
expenditures in light of the amendment to the plan
There was agreement his comments were sufficient
E Presentation of Economic Development Report and Database
Vivian Brooks, Assistant Director, explained the meeting materials contained
information and a report on existing conditions within the Community Redevelopment
Agency's commercial, industrial and retail properties At the time of the report, there
were 437 businesses with retail being 44%. The vacancy rate was high at 15.5%, and
industrial was 24%. The purpose of the creation of the database was to assist
businesses to find space. Staff would send letters to the property owners of commercial
industrial and retail buildings, requesting they advise the Community Redevelopment
Agency if they have space available so they can update the database
The vacancy rates for commercial properties were on target; industrial was high due to
the properties being smaller and not prime space, and newer properties being available
Ms. Brooks had no information how the rates compared to the national or state rates for
industrial. For Palm Beach County, the rate was 11 % As staff became aware of
vacancies, they would update the database and provide location assistance as new
businesses arrived.
Vice Chair Rodriguez inquired how the Palm Beach County Business Development
Council interacted with this kind of function. Ms. Brooks responded the Community
Redevelopment Agency advises them what sites are available for site development for
office, or commercial space.
Ms. Bright explained the Board and City Commission approved $2,000 for a
familiarization tour, which would occur this Thursday. She would be presenting the
Community Redevelopment Agency district to 60 large site developers traveling to thIS
region. The developers would be reviewing large sites, and the project was a joint
8
Meeting Minutes
Community Redevelopment Agency Boaro
Boynton Beach, Florida
February 10, 2009
venture between all the Chambers of South County and the Business Development
Board. The Renaissance Commons project was also recognized.
F. Update on Homebuyers Assistance Program, Residential Improvement
Program and Commercial Fayade Grant Program
Mike Simon, Development Manager, offered a PowerPoint presentation highlighting the
number of individuals served and the amount spent on the various programs. He
acquainted the Board with the amount of private monies matched and gave a short
summary on the programs.
The Homebuyers Assistance Program assisted 10 individuals in 06/07, and paid
$493,000. In 07/08, 14 individuals were assisted and the program paid $645,000. To-
date, six individuals were assisted and the program paid out $243,000.
The Commercial Fayade Grant program had increased usage. In 05/06, there were two
grants given for $15,000 each, which is the maximum per grant amount, based on a
dollar-for-dollar match. The private investment match was $58,440. In 06/07. there
were three grants given totaling $45,000 with a private match of $60,000. In 07/08,
there were five grants totaling nearly $50,000 the private investment was almost
$250,000. Total grants given for the three years were $123.325 with a private
investment of $366,000. Mr. Simon noted there was a Commercial Fayade Grant for
Sunshine Square pending on the agenda, which would have a $1.5 million private
investment match.
The Residential Improvement Program paid out $140,000 in 07/08. The grant limit was
$20,000 per household for repairs to items such as roofs, hurricane shutters, minor
landscape and irrigation improvements to improve the aesthetics of the street and
community. In 08/09, $91,000 was paid to two moderate-income individuals. The total
funds paid since inception was $231,000.
Mr. WeHand left the dais at 7:21 p.m.
There was $237,000 left in this program for this fiscal year. Mr. Simon displayed photos
of the properties assisted.
Mr. Weiland returned to the dais at 7:22 p.m.
Vice Chair Rodriguez noted some grants were approved outside the Heart of Boynton
area. He inquired what the breakdown of assistance was in the Heart of Boynton, as
opposed to the southern part of the district, and how the program was marketed. Mr.
Simon replied one homeowner outside the Heart of Boynton applied. The program was
marketed via a mass flyer and the program caught-on in several areas, but not all of
them in the Community Redevelopment Agency district. The vast majority of single-
family homes were within the Community Redevelopment Agency District.
9
Meeting Mmute~
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Vice Chair Roanguez felt the marketing was not successful If onlv one nome outside the
Heart of Bovnron was served He inquired of the possibility to target homes that could
use helD and If mere could be a workshop held to generate actlvlll. :r- mose areas
Mr. Simon responded he could drive through the area and consider a more targeted
campaign, but if he accepted all of the applicants that wanted to applv they would have
to reject a tremendous amount
Mr. Hay suggested improving the Community Redevelopment Agency district and then
addressing the southern portion Mr Weiland explained there was a large blighted area
south of Ocean Avenue and the program should not be targeted to Just the Heart of
Boynton area
Mr. Simon clarified the program was not targeted to the Heart of Boynton. however, the
residents there met the guidelines Ms. Ross inquired if the Heart of Boynton residents
tended to respond. Mr. Simon responded they did; however, they received calls from
individuals, both in and out of the district, and were inundated with applications In the
future, Mr. Simon indicated they could market the program on foot or use door hangers
Vice Chair Rodriguez requested receiving door hangers when they were available
Mr. Simon explained if they have applications that exceed the funding level established
for this fiscal year, they could add new applicants to the waiting list They would also
encourage and educate residents about other programs that may be available in an
effort to assist them.
Vice Chair Rodriguez left the dais at 7:36 p.rn.
Vice Chair Rodriguez returned to the dais at 7:37 p.rn
G Consideration of Second Amendment to 4th Street Project
Ms. Harris pointed out there was a revised agenda item distributed containing the
minutes, the Interlocal Agreement and First Amendment The minutes reflected there
was a grant payable to the Community Redevelopment Agency for the 4th Street
project, to reduce the outstanding amount owed to the City. The City Manager agreed
the City would pay for the improvements and the Community Redevelopment Agency
would reimburse the City in 2010/2011. The First Amendment; however, did not contain
the discussed language in the document The language in the Second Amendment did
A motion was needed to approve the Second Amendment
Motion
Mr. Hay moved to approve. Mr Weiland seconded the motion that unanimously
passed.
H Consideration of MLK Third Party Financial Verification
10
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Chair Taylor explained the Board was being asked to select the third party financial
verification group. PMG Associates charged $14,350 and the Treasure Coast Regional
Planning Council was asking for $70,000 for the same contract. Chair Taylor explained
the Community Redevelopment Agency needed the verification and he wanted to see
what came back from both the developer's point and the agency's point. Auburn had an
issue with PMG Associates, but Chair Taylor was not in favor of spending $70,000 as
opposed to the $14,000.
Vice Chair Rodriguez inquired if the developer could pay for their portion of the
financials if the contract went to the Treasure Coast Regional Planning Council. Ms.
Brooks explained a recommendation that the developer's fees be deducted from the
funds paid to them was made; however, if the verification was returned and not
acceptable, then the agency would have to recover the fee. Vice Chair Rodriguez was
not in favor of PMG Associates. Mr. Hay and Ms. Ross both expressed the developer
should pay for the verification, and if they did not want to pay for it, then they would use
PMG Associates. Chair Taylor inquired if Mr. Hay was referring to the developer paying
half the cost. Vice Chair Rodriguez had been suggesting the Community
Redevelopment Agency use PMG Associates for $7,000 and use Treasure Coast for
the developer at their expense. He thought it was a cleaner review and if the developer
did not pay for it, the project would not move forward.
Yusef Gray, Auburn Development, advised Auburn would support whatever decision
the Board made. He explained they were willing to support a financial review, but could
not speak as far as paying for the entire review.
Ms. Brooks recommended using one firm as the work performed was on behalf of a
developer asking for a significant sum of money. The review was an integrated review,
and having too many parties could result in a disconnect.
Herb Suss, 1711 Wood Fern Drive, indicated using one company was sufficient. He
did not want one nickel of City or Community Redevelopment Agency funds spent on
the verification and he suggested a neutral firm be used.
Chair Taylor supported PMG Associates performing the verification and having the
funds deducted. Vice Chair Rodriguez disagreed and thought the conflict with PMG
Associates should be avoided. He was; however, in favor of billing the developer back
for the expense. He explained he was trying to avert litigation, and the project may not
proceed.
Ms. Ross preferred to have Auburn pay the expense up front.
Motion
Vice Chair Rodriguez motioned to move forward with Treasure Coast and bill back, or
hold Auburn accountable for all expenses in that audit review.
11
Meeting Minutes
Community Redevelopment Agencv Boarc
Boynton Beach, Florida
February 1 0, 200~
Chair Taylor indicated the motion diG not reaulre Auburn to pay the expenses up fron
Motion
Vice Chair Rodriguez made a motion to move forward with the review uSing Treasur;-
Coast Regional Planning Council and any expenditures, whether it is up front or [-
some point in the process, be accountable to Auburn at any point within the auej
process, and if they default in paying it. It was terms for default of the contract
Mr. Hay suggested adding they would stop all negotiations until they received positiVE-
results from the audit. Vice Chair Rodriguez inquired if information from the meeting
would be applied to the contract
Mr. Hay clarified the information received at the public meeting could be applied
towards the Master Developer's Agreement and held until they received the financials
Mr. Hay seconded the motion.
Chair Taylor clarified the motion as Auburn would use the Treasure Coast Regional
Planning Council, at $70,000, and they needed to pay it up front before they moved
forward with anything else. Vice Chair Rodriguez clarified it would be paid when
Treasure Coast wanted it
Ms Bright explained in order for staff to administer the verification contract they needed
to know which contract would be used. She inquired if it would be the last Master
Developer's Agreement based on a date, or the agreement discussed on January 20th
at the City Commission meeting? Statements had been made at that meeting about
changes to be made.
Chair Taylor responded they were starting allover because part of the project was
eliminated. A meeting on the project to receive public input was scheduled for the next
day. Ms. Bright noted a new agreement would change the TIF calculations they would
be asking the third party to verify. A decision was made that after the meeting they
would come back and would know what would be evaluated. The cost may change
Vice Chair Rodriguez noted they could agree on the financial vendor at this meeting and
set it aside.
Mr. Gray explained Mr. Hinners would be more than happy to get past something as
simple as a money issue and move forward with the project
Ms. Bright responded Auburn Development reduced the project significantly and would
be unveiled at the public meeting. Vice Chair Rodriguez explained it did not preclude
them from having a financial vendor set aside, and all else would fall into play
Lee Wische, 1302 SW 18th Street, believed Auburn should pay the $70,000. He
explained the Community Redevelopment Agency was in charge of the project.
12
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2005
Mr. Hay inquired where the principals of the firm were as they usually attended the
meetings. Mr. Gray responded there was a scheduling conflict, and they would be
prepared to answer any questions at the public meeting.
Chair Taylor repeated the motion which was to approve the Treasure Coast as the third
party financial verifier and ask Auburn to pay for it up front on Treasure Coast's terms.
Ms. Brooks explained Treasure Coast would not do the verification for Auburn since
Auburn was a private company. Treasure Coast Regional Planning Council would do it
for the Community Redevelopment Agency because they were a governmental agency.
Additionally, Treasure Coast would not be obligated to report their findings to the
Community Redevelopment Agency.
Vice Chair Rodriguez amended his motion to include, Auburn would pay the fee up front
and the contract would be with the Board and Treasure Coast Regional Planning
Council.
Vote
The motion passed 3-2 (Ms. Ross and Chair Taylor dissenting)
XII. New Business:
A Consideration of Rescission of Contract with Native Technologies
Chair Taylor explained this firm was maintaining the Mangroves at Jaycee Park.
Ms. Brooks advised the Recreation and Parks Department has continuously complained
about the firm's maintenance of the mangrove mitigation area. There was debris in the
washout for a month and they did not clean it, even after being requested to do so.
The Community Redevelopment Agency was dissatisfied with the service and the
contract allowed them to terminate the contract without cause. Ms. Brooks advised they
needed to maintain the mangroves for two more years. The affected area was the
natural area created at Jaycee Park.
Ms. Brooks explained rescinding contracts did not occur often, but if the area was not
maintained, they would be in violation of their permit.
Motion
Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed
unanimously.
13
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
t Consideration of Issuing RFP for maintenance of Mangrove Mitigation
Area at Jaycee Park
Vice Chair Rodriguez inquired if a piggyback contraCt could be used
Ms. Brooks clarified the work was very specialized and they could try Her thoughts
were it would take longer to find a piggyback than to go for RFP which would have a
quick turnaround time. She noted only a few firms would respond
Motion
Vice Chair Rodriguez moved to approve Ms Ross seconded the motion that
unanimously passed.
C. Consideration of Graffiti Art Project
Ms. Bright advised the item was brought to her by the Arts Commission Chairman and
was a worthy project; however, it was unfunded Funds would have to come from
contingency funds.
Debby Coles-Dobay, Public Art Administrator, reported the item was brought forward
by the Public Works Department, through a discussion of repainting a wall at Sara Sims
Racquetball Court. A suggestion was made to paint a mural. The Arts Commission
agreed with the idea, but needed funding to execute it
The mural project fell within the Community Redevelopment Agency distnct and would
improve the Heart of Boynton. The project would engage the community and educate
youth. Additionally, area youth, as well as youth from the Youth Violence Prevention
program could learn about the positive effects of graffiti versus the negative effects of
tagging.
It was possible some materials would be donated and assistance from the Public Works
Department for the base coat on the wall. She inquired if there were funds available for
the project.
Chair Taylor noted the request was for $10,000 and the contract was for $15,000 Ms
Coles-Dobay responded the offset was from the wall basecoat, and she believed the
scaffolding and spray paint would be donated, which amounted to approximately
$5,000.
The $10,000 would pay for three professional artists to run the program, which did not
include just painting the wall. It would be a series of sessions to engage the community
on the concept of the project and the theme of what would be painted on the wall. A
demonstration would be given and four or five different sessions held
14
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Vice Chair Rodriguez noted there was a police fund that assisted non-profits. Attorney
Cherof would research whether the expenditure would be covered under that statute.
The members discussed tabling the item pending the result of Attorney Cherofs
researcr.
The Arts Commission had discussed themes for the wall, which were heroes, music and
sports with the final concept being approved by the Arts Commission. The artists had
painted several walls in Delray Beach, and regularly have projects from Stuart to Miami.
Samples of their artwork were distributed to the members.
Motion
Mr. Hay moved to table the item pending the Attorney bringing back other funding
sources before the next meeting.
Attorney Cherof indicated he could issue a memorandum on whether forfeiture funds
could be used for this type of activity.
The motion unanimously passed.
XIII. Future Agenda Items
None
XIV. Comments by Staff
Margee Walsh, Director of Marketing, followed up on Mr. Simon's presentation of the
Residential Improvement Program and Homebuyer Assistance Program. In addition to
an aggressive direct mailing done last spring, they included mention of the programs in
the Community Redevelopment Agency's "FYI" newsletter mailed to over 40,000
residents in October. Information about the program was also included on the
Community Redevelopment Agency website and on their voice mail message. Ms.
Walsh would provide copies of the distributed materials.
XV. Comments by Executive Director
None
XVI. Comments by CRA Board Attorney
None
XVII. Comments by CRA Board
15
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Mr. Hay expressed. as elected officials, out of courtesy, they have a responsibility t(
speak into the microphonE if an audience member cannot hea
XVIII. Adjournmen:
There being no further business, the meeting properly adjourned at 8: 1 i D IT
I ". , .
ll.t-tA(!Ju''lvU}JJ.Jj~
Catherine Cherry /'
Recording Secretar\' ·
021109
16
VI. CONSENT AGENDA:
B. Approval of Minutes-eRA Board Special
Workshop February 11,2009
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
SPECIAL WORKSHOP MEETING HELD ON TUESDAY, FEBRUARY 11, 2009,
AT 6:00 P.M. AT THE CAROLYN SIMS CENTER,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Woodrow Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
James Cherof, Board Attorney
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 5:59 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll, and a quorum was present.
(Wee Chair Rodriguez arrived at 6:02 p.m.)
(Ms. Ross arrived at 6:02 p.m.)
IV. Presentation: MLK Corridor Project and Master Development
Agreement by the Auburn Group
Cito Berguirstain, Auburn Group, provided background on Auburn's development
experience and discussed the genesis of the project through the current date. It was
Auburn's mission to develop affordable housing and revitalize neighborhoods in the
Heart of Boynton. The proposed three-phased development consisted of a grocery
store and retail complex, satellite senior center, rental units for seniors and single-
family housing. The revised plan eliminated the eight-story buildings along Federal
Highway and provided for two and three-story buildings. A more holistic approach
would be taken regarding the development.
(Mr. Weiland left the meeting at 6:17 p.m.)
1
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Mr. Berguirstain noted Auburn sought confirmation that the development was still
desired. He emphasized Auburn would not bear the $70,000 cost for the third-party
financial review until an agreement had been secured
(Vice Chair Rodriguez left the meeting at 6:43 p.m.)
Mr. Berguirstain reviewed the CRA's protections under the agreement, stressing the
CRA had the power to review Auburn's financials at any time. He also reiterated the
need to resolve the grocery/retail complex issues in order for Auburn to obtain the tax
credits for the senior rental community.
v. Public Comments
Questions were submitted on cards and are set forth below, together with responses.
. Would Auburn, the City or the CRA request the use of eminent domain during
the process? Mr. Berguirstain responded he would not hesitate to utilize the
eminent domain process to transform hot spots into green areas and to prevent
crime. Chair Taylor noted the CRA did not have the power to use eminent
domain, and the City could do so for a public purpose only.
. What is your plan to accumulate all the "missing pieces" relating to 75 property
owners along the MLK corridor? Mr. Berguirstain responded Auburn had been
able to secure contracts for a number of properties, even though this was
difficult without a Master Development Agreement.
. How long do you anticipate it would take to get all the properties under control
and how would this delay the project if you were unable to do so? Mr.
Berguirstain was unable to respond, as not all of the properties had been under
contract.
. Could the Wellness Center be combined with the Senior Center? Mr. Berguirstain
responded several types of services could be combined in a facility. He was not
familiar with the Wellness Center.
. Would any part of the redevelopment project exceed existing heights and/or
density? If so, what part and by how much? Mr. Berguirstain responded
affirmatively, noting 30 units per acre had been designated for the Senior
Center. City staff indicated this was feasible. He reiterated construction of the
eight-story structures had been eliminated.
2
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11,2009
. How can we have a safe, family-friendly commercial/residential community with
a strip club still in existence? Mr. Berguirstain believed the strip club contributed
the least to a precarious environment when compared to the convenience store
on Seacrest Boulevard. It would be his recommendation to convert the area into
a park.
. Do you plan to incorporate a Public Art element in the project? Mr. Berguirstain
responded affirmatively. The agreement called for a traffic circle which would
provide opportunities for the incorporation of Public Art. Additionally, the City's
ordinance required the incorporation of Public Art components in all development
and redevelopment projects.
. Has the Master Development Agreement been signed? If not, what is the
anticipated date? Mr. Berguirstain noted the Master Development Agreement
had not been signed. He hoped the anticipated date would be sometime in
March.
. What measures were in place to assure residents the community would not be
"sold out"? Examples would include prequalifying for mortgages or bond
assistance prior to construction. Mr. Berguirstain responded the agreement
included elements to provide affordable workforce housing during construction.
. During the construction phase, where would you relocate displaced owners? Mr.
Berguirstain responded Auburn had provided opportunities for displaced persons
to reside in one of Auburn's rental communities and up to $2,500 to cover
relocation expenses.
. Do you plan to continue to assist in paying for programs proposed at the Senior
Center? Mr. Berguirstain responded affirmatively.
. Do you have a short-term construction loan and a long-term 3D-year loan in your
financing? Mr. Berguirstain was not certain, as Auburn had not yet secured the
construction financing. It was Auburn's intent to secure all the financing
necessary.
. Do you apply for tax credits or do you use the SunTrust credits? Mr. Berguirstain
responded Auburn had applied for low-income tax credits for affordable rental
housing, and for Neumark tax credits for commercial construction.
. Do you have a letter of intent from the retail store? If so, what would the square
footage be? Mr. Berguirstain responded negatively, adding he had spoken to a
number of operators who had expressed an interest in the property. Auburn had
3
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
not finalized an agreement with any particular operator as the Master
Development Agreement was not yet in place.
. What type of changes do you propose along MLK Boulevard and Seacrest? Mr
Berguirstain responded no changes were proposed for Seacrest. The City and
the CRA would be responsible for streetscape improvements along MLK
Boulevard.
. Would the City, the CRA and Auburn Group deed restrict height and density
along Federal Highway? Mr. Berguirstain responded the CRA did not have the
authority to do so. This would fall under the authority of the City.
. Would the project tie up CRA monies so that no other projects could be
undertaken? Ms. Bright noted the question could not be answered. Auburn had
eliminated Phase 4, and it was not known how this would impact the CRA's
forecast for the future.
Comments offered by the public included the following:
. Height limitations should be established for structures on MLK Boulevard and
Federal Highway.
. The developer should be vetted to ensure its viability.
. The site plan changes could be worked out.
. No monies should be provided to Auburn until bank commitments were
produced.
. The City and the CRA should demonstrate support for the development and
purchase the remaining properties to lock in Phase 1 and Phase 3.
. The stakeholders should be contacted regarding the development.
. Due diligence must be made to secure Auburn's financials.
. The City should not be stripped of funding. The sum of $10,000 was a great
deal of tax money to put into buildings.
. While the agreement was not perfect, if the City did not step forward and take
an active role, the project would fail, and it could be years before the MLK
corridor was redeveloped. Land assembly would always be an issue. The retail
4
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
component should provide sustainability and appeal to those outside the
neighborhood as well.
. Other projects should be fostered and facilitated by the CRA to generate greater
Tax Increment Financing (TIF) revenues. An independent financial review
should be obtained to determine the Tax Increment Financing (TIF) revenue
needed for the project. The project should be funded in the normal manner,
provided the financials were viable.
. The project should be integrated into the community, and no one should be
displaced. Long-term commitments for employment should be sought and
dollars set aside for training. The grocery store should be large enough to
accommodate fresh meats and vegetables. If the store was too small, it could
become a vehicle for drug dealing. It was not the developer's responsibility to
reduce crime. The City's citizens merited affordable, quality housing east of 1-95.
The Senior Center was a valuable component of the project.
A person in the audience requested that Ms. Ross, Mr. Hay and Chair Taylor comment
on Mr. Berguirstain's presentation. Ms. Ross appreciated his presentation and agreed
with earlier comments that it was not the developer's responsibility to reduce crime or
deal with social issues. These issues would fall under the domain of law enforcement
and social workers and would require significant financial commitments. Ms. Ross
believed Auburn should focus on its financial responsibility to the CRA and the Board.
Mr. Hay opined the meeting was intended to gather information, and issues addressed
should be evidenced in writing. Chair Taylor agreed with Mr. Hay. He noted promises
were offered and major changes had been made regarding Phase 4. It would be
necessary to review the proposals in writing and ensure the financial viability of the
parties.
Chair Taylor noted Auburn's agreement at the February 10, 2009 CRA Board meeting to
pay for the third-party financial review upfront. Mr. Berguirstain inquired whether
Auburn's refusal to do so would be a deal breaker. Chair Taylor advised the issue
would have to be brought before a full Board. Mr. Hay noted he resided in the Heart of
Boynton and favored the redevelopment. However, he could not support the project
without a written agreement in place. Chair Taylor noted the input received at this
meeting would be incorporated in the agreement for review at the next CRA meeting, if
it were provided in a timely manner. Attorney Cherof noted he would begin working on
the final draft as soon as it was in his possession.
Ms. Bright clarified several issues. The project would not be funded by the City. City
staff would assist with land use and zoning changes. Additionally, the CRA had no site
plan control for use of the City Hall site. She dispelled the perception that the CRA had
5
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
inherited million of dollars at the time the agency was created and that the Board and
CRA staff had not designated dollars to redevelop the MLK corridor. The Board and
CRA had always supported redevelopment efforts for the area. Ms. Bright noted the
CRA was attempting to work with Auburn to fund $10 million (reduced from $23
million), but stressed it would be irresponsible to proceed without a third-party
verification. She pointed out if the deal fell through, the monies would be programmed
in another manner to redevelop the MLK corridor.
Bill Bymel, Retail Sites International, Inc., advised he had previously met with Tom
Hinners on behalf of a retailer interested in the property. To date, he had not heard
from Mr. Hinners. He believed there were other retailers interested in the property as
well.
Residents suggested police substations be created to rid the community of crime and
drugs. Ms. Bright noted this had been attempted in the past. However, there had not
been enough police officers to man the substations. Additionally, funds were not
currently available to build substations. She pointed out a separate meeting could be
held to discuss this issue, even if it were just attended by Chief Immler, CRA staff and
residents. The focus should be on the Master Development Agreement.
Additional comments were offered by the public as follows:
. Stipulations should be incorporated into the agreement.
. Inlet Cove Association (INCA) wished to have an opportunity to review the
agreement.
. Auburn should pay for the third-party verification in order for the project to move
forward. The cost of the review was insignificant and would not affect Auburn's
profit.
. While the redevelopment of the MLK corridor and affordable housing were
needed I due diligence must be accomplished in obtaining the third-party
verification prior to the execution of the Master Development Agreement.
. Mr. Berguirstain's request was not unusual. There were always contingencies
and conditions set forth in agreements. The Board should listen to the
community and find a way to resolve the issues.
. An opportunity had been presented to improve the quality of life along the MLK
corridor. The $70,000 cost for the financials should not be a deal breaker.
6
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Ms. Bright emphasized CRA staff had not reviewed Auburn's financial statements since
July 2006. In December 2009, the Board directed staff to hire a financial consultant for
the third-party verification. While PMG Associates had been hired to provide a financial
analysis for Seacrest Village more than two years ago, Mr. Berguirstain noted at the
January 13, 2009 meeting that Auburn had a significant conflict of interest with PMG
Associates. While Auburn indicated it wished to move forward with the agreement, the
CRA was attempting to be fiscally responsible in requesting a review of Auburn's
financials. She noted it would take approximately six weeks for the Tax Increment
Financing (TIF) and financial analyses to be completed.
Chair Taylor held he had read the agreement while the residents had not. Once the
agreement was signed, a number of conditions would have to be met by the CRA and
the City. There would also be a fee to terminate the agreement. Additionally, the
reference "to be determined" had appeared throughout the agreement. ThiS was
inappropriate, as everything should be identified up front.
Mr. Hay suggested payment be made to Auburn through Tax Increment Financing (TIF)
dollars on the back end. This would free up funding to improve Sea crest Boulevard.
While Mr. Hay favored the development of the Heart of Boynton, Auburn was
requesting the CRA to make a decision without the proper information. He cautioned
against moving too quickly.
Other comments were:
. Auburn and the CRA should each pay for half the cost of the third-party
verification.
. It was a failure of the City to clean up the MLK corridor resulting from a lack of
commitment to the area.
Chair Taylor called for comments from City representatives.
Kurt Bressner, City Manager, noted he had not previously seen the revised plan, and
believed it to be a step in the right direction. Auburn had taken a look at the east end
of the parcel and brought the density down. There were issues regarding title to the
vacant property next to the convenience store and meat market. The property had
been conveyed to the City, by the County, for open space. Deed restrictions had been
applied which could result in the relocation of the open space to benefit the community.
This should be clarified. The issue of the deed restrictions had not been included in the
draft agreement and was discovered upon Mr. Bressner's review of the document.
Chair Taylor inquired whether City staff had expressed concerns regarding the four-
story height proposed for Phase 2. Mr. Bressner replied it did not conform to the
7
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
original site plan, but as the market had changed, the conditions had changed as well,
He would defer any staff concerns to Mr. Greene.
Quintus Greene, Director of Development, noted he had not seen the revised
agreement either and agreed it was a step in the right direction. As to the four-story
height, there would be a necessity for a change in the Heart of Boynton plan and a
modification to the zoning, which he believed was doable. He envisioned the area
along the MLK corridor could conform to the City's mixed use low 2 category. This
allowed for 45 foot height limitations with between 20 to 40 dwelling units (du) per
acre. The category for the MLK corridor was a local collector road, and not an arterial
road. An arterial road would allow up to 40 dwelling units (du) per acre. This could be
resolved with the developer. Mr. Greene believed it was obvious from the presentation
that the developer had been listening to the community and had taken steps to modify
the agreement. It would be necessary for Mr. Greene to review the completed Master
Development Agreement before rendering any specific recommendations.
VI. Board Discussion
(Discussion by the Board had been set forth earlier.)
VII. Adjournment
There being no further discussion, the meeting properly adjourned at 9:23 p.m.
\'
/
" \.
....-: lJ i'~~ ,--
Stephanie D. Kahn
Recording Secretary
021209
C--II--~-
.,L-. ..
8
VI. CONSENT AGENDA:
C. Approval of Period-Ended February 28, 2009
Financial Report
1IJ~~qY~T8~ C
. East Side-West S'lde-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending February 28,2009.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve February financials.
C;:J~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\3-10-09 Meeting\Financial Report.doc
2-10-2009 12::
01 - GENERAL FUND
FINANCIAL SUMMARY
REVENUE SUMMARY
T . 1. F . INCOME
MARINA RENT & GRANT INC
MARKETING INCOME
FESTIVALS & EVENT INCOME
INVESTMENT INCOME
MISCELLANEOUS
OTHER FINANCING SOURCES
TOTAL REVENUES
EXPENDITURE SUMMARY
LEGISLATIVE
ADMINISTRATIVE
FINANCE
INSURANCES
PROFESSIONAL SERVICES
PLANNING
BUILDINGS & PROPERTY
MARINA
COMMUNICATIONS & TECHNOLO
CONTINGENCY
MARKETING
SPECIAL EVENTS
EMPLOYEE BEBEFITS
DEBT SERVICE
TRANSFER OUT
TOTAL EXPENDITURES
REVENUES OVER/ (UNDER) EXPENDITURES
ORIGINAL
BUDGET
8,300,000
1,287,500
o
15,000
50,000
o
3,400,000
13,052,500
BOYNTON BEACH [
REVENUE & EXPENDITURES REPOR ,NAUDITED)
AS OF: FEBRUARY 28TH, 2009
AMENDED
BUDGET
8,300,000
1,287,500
o
15,000
50,000
o
3,400,000
13,052,500
MONTHLY
ACTIVITY
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
8,315,313.00
284,559.03
2,475.00
1,000.00
12,569.79
19.20
0.00
8,615,936.02
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
15,313.00)
1,002,940.97
2,475.00)
14,000.00
37,430.21
19.20)
3,400,000.00
4,436,563.98
0.18-
77.90
0.00
93.33
74.86
0.00
100.00
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
33.99
16,900
211,942
151,415
115,470
485,000
209,880
496,210
1,287,500
62,120
314,493
140,566
95,087
227,917
3,066,581
6,171,419
13,052,500
17,900
211,942
151,415
115,470
485,000
209,880
496,210
1,287,500
62,120
313,493
140,566
95,087
227,917
3,066,581
6,171,419
13,052,500
0.00
7,217.93
5,010.00
0.00
15,562.88
7,292.81
9,456.09
395.00
229.99
0.00
2,592.00
2,462.38
4,214.07
0.00
0.00
54,433.15
2,947.32
65,598.43
47,489.16
81,644.04
89,701.24
67,037.83
120,068.10
243,871.00
12,329.80
0.00
42,086.27
33,147.05
55,711.45
0.00
0.00
861,631.69
0.00
0.00
0.00
0.00
51,300.00
0.00
28,475.00
0.00
3,109.93
0.00
0.00
0.00
0.00
0.00
0.00
82,884.93
14,952.68
146,343.57
103,925.84
33,825.96
343,998.76
142,842.17
347,666.90
1,043,629.00
46,680.27
313,493.00
98,479.73
61,939.95
172,205.55
3,066,581. 00
6,171,419.00
12,107,983.38
83.53
69.05
68.64
29.29
70.93
68.06
70.06
81. 06
75.15
100.00
70.06
65.14
75.56
100.00
100.00
92.76
============ ============ ============= ============= ============= ============= =======
0.00
o
o
54,433.15) 7,754,304.33
82,884.93) ( 7,671,419.40)
-1-
10-2009 12:11 PM
- GENERAL FUND
'ENUES
: . F . INCOME
.-41000 T.I.F. COLLECTIONS
TOTAL T.I.F.INCOME
~INA RENT & GRANT INC
.-42115 MARINA RENTS
.-42116 MISCELLANEOUS RENTS FRO PROPE
.-42117 MARINA FUEL SALES
.-42118 MARINA MISC INCOME
TOTAL MARINA RENT & GRANT INC
~KETING INCOME
.-43100 TROLLY MARKETING INCOME
TOTAL MARKETING INCOME
;TIVALS & EVENT INCOME
.-44100 FESTIVAL & EVENT INCOME
TOTAL FESTIVALS & EVENT INCOME
'ESTMENT INCOME
-46100 INTEREST INCOME
TOTAL INVESTMENT INCOME
rrRIBUTIONS & DONATION
;CELLANEOUS
.-48100 MISCELLANEOUS INCOME
TOTAL MISCELLANEOUS
fER FINANCING SOURCES
.-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
~AL REVENUES
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH. 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
% OF
BUDGET
REMAINING
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
8,300,000 8,300,000.0 0.00 8,315,313.00 0.00 I 15,313.00) 0.18-
~-
8,300,000 8,300,000 0.00 8,315,313.00 0.00 r 15,313.00) 0.18-
80,000 80,000.0 0.00 29,323.18 0.00 50,676.82 63.35
7,200 7,200.0 0.00 1,200.00 0.00 6,000.00 83.33
1,200,000 1,200,000.0 0.00 253,582.89 0.00 946,417.11 78 .87
300 300.0 0.00 452.96 0.00 152.96) 50.99
1,287,500 1,287,500 0.00 284,559.03 0.00 1,002,940.97 77.90
0 0.0 0.00 2,475.00 0.00 2,475.00) 0.00
0 --
0 0.00 2,475.00 0.00 2,475.00\ n .00
15,000 15,000.n 0.00 1,000.00 0.00 14,000.00 33.33
.. --..-
15,000 15,000 0.00 1.000.00 0.00 14,000.00 93.3:'
50,000 50,000 n 0.00 12,569.79, 0.00 37,430.21 ~4 .86
..
50,000 50,000 0.00 12,569.79 0.00 37,430.21 74.86
D O. (J D.OO 19.20 0.00 ~:...~J 0.00
0 0 0.00 19.20 .l .00 19.201 0.00
3,400,000 3,400,000.0 0.00 0.00 0.00 3,400,000.00 100.00
--~._. -.---
3,400,000 3,400,000 0.00 0.00 0.00 3,400,000.00 100.00
13,052,500
13 , 052. 500
G.OO
il.615.936.02
0.00
4.436,563 98
33.99
2-1.0-2009 1.2:'
\i
BOYNTON BEACH ('"
REVENUE & EXPENDITURES REPO. rnAUDITED)
AS OF: FEBRUARY 28'1", 2009
01. -GENERAL FUND
LEGISLATIVE
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01.-51.01.0-200 CONTRACTUAL EXPENSE 7,500 7,500 0.00 0.00 0.00 7,500.00 1.00.00
01.-51.01.0-203 MISCELLANEOUS 0 1.,000 0.00 2,700.00 0.00 1.,700.00} 1.70.00-
01.-51.01.0-21.6 ADVERTISING & PUBLIC NOTI 2,700 2,700 0.00 231.. 78 0.00 2,468.22 91.. 42
01.-51.01.0-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 0.00 0.00 0.00 2,500.00 1.00.00
01.-51.01.0-227 DELIVERY SERVICES 3,600 3,600 0.00 231..00 0.00 3,369.00 93.58
TOTAL PURCHASED/CONTRACT SERV 1.6,300 1.7,300 0.00 3,1.62.78 0.00 1.4,1.37.22 81.. 72
SUPPLIES
01.-51.01.0-31.0 OFFICE SUPPLIES 600 600 0.00 21.5.46) 0.00 81.5.46 1.3 5 . 91.
TOTAL SUPPLIES 600 600 0.00 21.5.46) 0.00 81.5.46 1.3 5 . 91.
TOTAL LEGISLATIVE 1.6,900 1.7,900 0.00 2,947.32 0.00 1.4,952.68 81.'):<
-3-
10-2009 12:11 PM
- GENERAL FUND
INISTRATIVE
ARTMENTAL EXPENDITURES
SONNEL SERVICES
-51230-100 PERSONNEL SERVICES
-51230-115 CAR ALLOWANCE
TOTAL PERSONNEL SERVICES
CHASED/CONTRACT SERV
-51230-225 ASSOC. MEETINGS & SEMINAR
-51230-226 MEMBERSHIP DUES
-51230-227 DELIVERY SERVICES
TOTAL PURCHASED/CONTRACT SERV
PLIES
-51230-310 OFFICE SUPPLIES
-51230-315 POSTAGE
-51230-355 SUBSCRIPTIONS
-51230-360 BOOKS & PUBLICATIONS
TOTAL SUPPLIES
'ITAL EXPENDITURES
-51230-400 EQUIPMENT COSTS
TOTAL CAPITAL EXPENDITURES
'RECIATION & AMORT
TOTAL ADMINISTRATIVE
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
ORIGINAL
BUDGET
MONTHLY
ACTIVITY
% OF
BUDGET
REMAINING
YEAR-TO-DATE
BALANCE
AMENDED
BUDGET
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
176,917 176,917 (';,924.69 62,322.21 0.00 114,594.79 64.77
5,400 5,400 208.00 1,872.00 0.00 3,528.00 65.33
----
182,317 182,317 7,132.69 64,194.2J 0.00 118,122.79 64 .79
3,750 3,750 0.00 1,021.70 0.00 2,728.30 72.75
6,675 6,675 0.00 705.00) 0.00 7,380.00 1l0.56
3,000 3,000 0.00 311.23 0.00 2,688.77 89.63
",----
13,425 13,425 0.00 627. 93 0.00 12,797.07 95.32
8,500 8,500 0.00 255.42 0.00 8,244.58 97.00
2,000 2,000 85.24 ( 285.85) 0.00 2,285.85 114.29
200 200 0.00 0.00 0.00 200.00 100.00
500 500 0.00 56.72 0.00 443.28 88.66
.-- .._--------~ --------_._-~
11,200 11,200 85.24 26.29 0.00 11,173 71 99.7'7
5,000 5,000 0.00 750.00 0.00 . _ 4 , 2 5_~....Q.CJ 85.00
5,000 5,000 n.oo 750.00 'J.OO 4,250.00 85.00
211,942
211,Q42
., . ~ 1"'" 9?
65,598.42
o 00
146,343.5-
r;? OC;
2-10-2009 12:' BOYNTON BEACH
REVENUE & EXPENDITURES REPO JNAUDITED}
AS OF: FEBRUARY 28Th, 2009
01 - GENERAL FUND
FINANCE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51325-100 PERSONNEL SERVICES 130,260 130,260 5,010.00 45,090.00 0.00 85,170.00 65.38
TOTAL PERSONNEL SERVICES 130,260 130,260 5,010.00 45,090.00 0.00 85,170.00 65.38
PURCHASED/CONTRACT SERV
01-51325-200 CONTRACTUAL EXPENSE 2,280 2,280 0.00 607.20 0.00 1,672.80 73.37
01-51325-201 BANK FEES 3,000 3,000 0.00 485.91 0.00 2,514.09 83.80
01-51325-225 ASSOC. MEETINGS & SEMINAR 5,750 5,750 0.00 700.45 0.00 5,049.55 87.82
01-51325-226 MEMBERSHIP DUES 725 725 0.00 709.10 0.00 15.90 2.19
01-51325-227 DELIVERY COSTS 1,000 1,000 0.00 25.15 0.00 974.85 97.49
01-51325-229 CAREER DEVELOPMENT 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 15,755 15,755 0.00 2,527.81 0.00 13,227.19 83.96
SUPPLIES
01-51325-310 OFFICE SUPPLIES 4,500 4,500 0.00 128.65) 0.00 4,628.65 102.86
01-51325-360 BOOKS & PUBLICATIONS 500 500 0.00 0.00 0.00 500.00 100.00
01-51325-365 OFFICE PRINTING COSTS 400 400 0.00 0.00 0.00 400.00 100.00
TOTAL SUPPLIES 5,400 5,400 0.00 128.65} 0.00 5,528.65 102.38
CAPITAL EXPENDITURES
DEPRECIATION & AMORT
TOTAL FINANCE 151,415 151,415 5,010.00 47,489.16 0.00 103,925.84 68.64
-5-
10~2009 12:11 PM
~ GENERAL FUND
:URANCES
'ARTMENTAL EXPENDITURES
~CHASED / CONTRACT SERV
.-51410-200 CONTRACTUAL EXPENSE
.-51410-213 GENERAL PROPERTY COVERAGE
.-51410-214 EMPLOYEE FIDELITY COVERAG
.-51410-215 DIRECTORS & OFFICERS COVE
TOTAL PURCHASED/CONTRACT SERV
ORIGINAL
BUDGET
28,916
76,394
1,650
8,510
115,470
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
AMENDED
BUDGET
28,916
76,394
1,650
8,510
115,470
MONTHLY
ACTIVITY
0.00
0.00
0.00
0.00
--_._--_._~
0.00
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
15,355.50 0.00 13,560.50 46.90
60,257.73 0.00 16,136.27 21.12
990.81 0.00 659.19 39.95
5,040.00 0.00 3,470.00 40.78
--
81,644.04 0.00 33,825.96 29.29
81,644.04 0.00 33,825.96 29.29
TOTAL INSURANCES
0.00
115,470
115,470
2-10-2009 12:-
'1
01 -GENERAL FUND
PROFESSIONAL SERVICES
DEPARTMENTAL EXPENDITURES
BOYNTON BEACH r
REVENUE & EXPENDITURES REPo. JNAUDITED)
AS OF: FEBRUARY 28Th, 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51420-200 CONTRACTUAL EXPENSE
01-51420-201 CONTRACT LEGAL
01-51420-204 CITY STAFF COSTS
TOTAL PURCHASED/CONTRACT SERV
TOTAL PROFESSIONAL SERVICES
276,000 276,000 15,562.88 85,927.81 51,300.00 138,772.19 50.28
200,000 200,000 0.00 0.00 0.00 200,000.00 100.00
9,000 9,000 0.00 3,773.43 0.00 5,226.57 58.07
485,000 485,000 15,562.88 89,701.24 51,300.00 343,998.76 70.93
485,000 485,000 15,562.88 89,701.24 51,300.00 343,998.76 70.93
-7-
10-2009 12:11 PM
-GENERAL FUND
,mUNG
'ARTMENTAL EXPENDITURES
~SONNEL SERVICES
.-51440-100 PERSONNEL SERVICES
.-51440-115 CAR ALLOWANCE
TOTAL PERSONNEL SERVICES
~CHASED/CONTRACT SERV
.-51440-225 ASSOC. MEETINGS & SEMINAR
.-51440-226 MEMBERSHIP DUES
.-51440-227 DELIVERY SERVICES
.-51440-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
'PLIES
.-51440-310 OFFICE SUPPLIES
.-51440-355 SUBSCRIPTIONS
.-51440-360 BOOKS & PUBLICATIONS
.-51440-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
'ITAL EXPENDITURES
'RECIATION & AMORT
TOTAL PLANNING
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
1; OF
BUDGET
REMAINING
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
184,205 184,205 7,084.81 63,763.29 0.00 120,441.71 65.38
5,400 5,400 208.00 1,872.00 0.00 3,528.00 65.33
-'.'-
189,605 189,605 7,292.81 65,635.29 0.00 123,969.71 65.38
11,000 11,000 0.00 160.98) 0.00 11,160.98 101.46
825 825 0.00 275.00 0.00 550.00 66.67
1,000 1,000 0.00 172.27 0.00 827.73 82.77
2,500 2,500 0.00 900.00 0.00 1,600.00 64.00
15,325 15,325 0.00 1,186.29 0.00 14,138.71 92.26
3,500 3,500 0.00 213 .25 0.00 3,286.75 93.91
150 150 0.00 0.00 0.00 150.00 100.00
300 300 0.00 0.00 0.00 300.00 100.00
~/OOO ,1,000 0.00 3.00 0.00 997.00 99.70
----~~ ~--~-
4.950 4,950 0.00 216.25 0.00 <I 733,75 '1 c.
209.880
209,880
-~ t .2 9:: . 8L
O.~""' . 8 ~
00
" <I c. , 8 <I ~ . 1.
~8
2-10-2009 12: "'l BOYNTON BEACH
REVENUE & EXPENDITURES REPC JNAUDITED)
AS OF: FEBRUARY 28'1.., 2009
01 -GENERAL FUND
BUILDINGS & PROPERTY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51620-200 CONTRACTUAL EXPENSE 2,700 2,700 0.00 714.85 0.00 1,985.15 73.52
01-51620-201 PROPERTY TAXES 160,000 160,000 3,141.09 60,472.86 0.00 99,527.14 62.20
01-51620-205 RENTAL OF OFFICES 50,760 50,760 4,000.00 19,525.00 28,475.00 2,760.00 5.44
01-51620-206 MAINTENENCE & CLEANING 12,880 12,880 0.00 2,358.62 0.00 10,521.38 81.69
01-51620-208 EQUIPMENT LEASES 25,000 25,000 0.00 7,007.05 0.00 17,992.95 71.97
01-51620-209 PROPERTY MAINTENENCE COST 216,370 216,370 2,315.00 27,021.20 0.00 189,348.80 87.51
01-51620-224 SIGNAGE 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 477,710 477,710 9,456.09 117,099.58 28,475.00 332,135.42 69.S3
SUPPLIES
01-51620-325 ELECTRICITY COSTS 12,500 12,500 0.00 1,878.49 0.00 10,621.51 84.97
01-51620-326 WATER CHARGES 6,000 6,000 0.00 1,090.03 0.00 4,909.97 81. 83
TOTAL SUPPLIES 18,500 18,500 0.00 2,968.52 0.00 15,531.48 83.95
CAPITAL EXPENDITURES
DEPRECIATION & AMORT
TOTAL BUILDINGS & PROPERTY 496,210 496,210 9,456.09 120,068.10 28,475.00 347,666.90 70.06
-9-
-10-2009 12:11 PM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
-GENERAL FUND
UNA
PARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
~CHASED/CONTRACT SERV
1-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00
1-51630-209 PROPERTY MAINTENENCE 35,000 35,000 0.00 3,385.50 0.00 31,614.50 90.33
1-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 0.00 49,332.00 0.00 98,668.00 66.67
1-51630-242 MARINE FUEL STATION OVERH 50,000 50,000 395.00 11,555.47 0.00 38,444.53 76.89
TOTAL PURCHASED/CONTRACT SERV 233,500 233,500 395.00 64,722.97 0.00 168,777.03 72.28
PPLIES
1-51630-325 ELECTRIC COSTS 20,000 20,000 0.00 2,824.64 0.00 17,175.36 85.88
1-51630-326 WATER COSTS 1,800 1,800 0.00 782.06 0.00 1,017.94 56.55
1-51630-327 GASOLINE & DEISEL FUEL PU 1,008,000 1,008,000 0.00 172,485.77 0.00 835,514.23 82.89
1-51630-328 MARINA DIESEL SALES TAX 19,200 19,200 0.00 3,055.56 0.00 16,144.44 84.09
~-~~
TOTAL SUPPLIES 1,049,000 1,049,000 0.00 179,148.03 0.00 869,851.97 82.92
PITAL EXPENDITURES
1-51630-400 EQUIPMENT COSTS "_._.___ 5 , 000 .~-~ 0.00 0.00 0.00 5,000.00 100.00
-_.~--_...~
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 100 DO
._._.._~-- ----..----.- -. ~ ----,---'_---0 . ...._.".--_...._--~--"~- -
TOTAL MARINA .\,287,500 1,28'7,500 ,95.00 243,871.00 "on 043. r).;.-' 1_1(; .")-; 1\1
2-10-2009 12:
BOYNTON BEACH
REVENUE & EXPENDITURES REPC JNAUDITED)
AS OF: FEBRUARY 28TH, 2009
01 -GENERAL FUND
COMMUNICATIONS & TECHNOLO
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
%- OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51650-200 CONTRACTUAL EXPENSE 5,500 5,500 0.00 410.00 0.00 5,090.00 92 .55
01-51650-210 CITY IT SUPPORT 20,000 20,000 0.00 5,290.24 0.00 14,709.76 73.55
01-51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00
TOTAL PURCHASED/CONTRACT SERV 32,000 32,000 0.00 5,700.24 0.00 26,299.76 82.19
SUPPLIES
01-51650-330 TELEPHONE LINES 12,200 12,200 0.00 3,997.43 0.00 8,202.57 67.23
01-51650-340 CELLULAR PHONES 7,920 7,920 229.99 2,632.13 3,109.93 2,177.94 27.50
TOTAL SUPPLIES 20,120 20,120 229.99 6,629.56 3,109.93 10,380.51 51. 59
CAPITAL EXPENDITURES
01-51650-400 EQUIPMENT COSTS 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
TOTAL CAPITAL EXPENDITURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
TOTAL COMMUNICATIONS & TECHNOLO 62,120 62,120 229.99 12,329.80 3,109.93 46,680.27 75.15
-11-
10-2009 12:11 PM
- GENERAL FUND
fTINGENCY
'ARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
BUDGET
REMAINING
UNENCUMBERED
BALANCE
~CHASED / CONTRACT SERV
.-51990-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
TOTAL CONTINGENCY
314,493 313,493 0.00 0.00 0.00 313,493.00 100.00
-_._-~ ---- ~-_._----
314,493 313,493 0.00 0.00 0.00 313,493.00 100.00
_'._. __.0-_--- __~ _ - ..,.~-~-----_.-
314,493 313,493 0.00 0.00 0.00 313,493.00 100.00
2-10-2009 12:
.~
01 - GENERAL FUND
MARKETING
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-57400-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-57400-200 CONTRACTUAL EXPENSE
01-57400-216 ADVERTISING & PUBLIC NOTI
01-57400-218 ANNUAL REPORT & BROCHURES
01-57400-225 ASSOC. MEETINGS & SEMINAR
01-57400-226 MEMBERSHIP DUES
01-57400-227 DELIVERY SERVICES
01-57400-236 PHOTOGRAPHY / VIDEOS
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-57400-310 OFFICE SUPPLIES
01-57400-355 SUBSCRIPTIONS
01-57400-360 BOOKS & PUBLICATIONS
01-57400-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
DEPRECIATION & AMORT
TOTAL MARKETING
ORIGINAL
BUDGET
86,632
86,632
8,500
2,000
10,000
2,000
1,334
2,500
10,000
36,334
7,500
1,100
100
8,900
17,600
140,566
BOYNTON BEACH
REVENUE & EXPENDITURES REPO JNAUDITED)
AS OF: FEBRUARY 28Th, 2009
AMENDED
BUDGET
86,632
86,632
8,500
2,000
10,000
2,000
1,334
2,500
10,000
36,334
7,500
1,100
100
8,900
17,600
140,566
MONTHLY
ACTIVITY
2,592.00
2,592.00
2,592.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
33,318.00
33,318.00
0.00
1,785.00
0.00
423.87
206.50
253.85
4,879.00
7,548.22
323.79
159.95
0.00
736.31
1,220.05
42,086.27
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
53,314.00
53,314.00
8,500.00
215.00
10,000.00
1,576.13
1,127.50
2,246.15
5,121. 00
28,785.78
7,176.21
940.05
100.00
8,163.69
16,379.95
98,479.73
% OF
BUDGET
REMAINING
61. 54
61.54
100.00
10.75
100.00
78.81
84.52
89.85
51. 21
79.23
95.68
85.46
100.00
91.73
93.07
70.06
-13-
10-2009 12:11 PM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
- GENERAL FUND
CIAL EVENTS
ARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
.sONNEL SERVICES
-57500-100 PERSONNEL SERVICES 83,262 .B3,262 2,462.38 32,151.42 0.00 2bllO.58 61. 39
-~-- ----- _.-
TOTAL PERSONNEL SERVICES 83,262 83,262 2,462.38 32,151. 42 0.00 51,1l0.58 61. 39
.CHASED / CONTRACT SERV
-57500-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 0.00 387.50 0.00 2,112.50 84.50
-57500-226 MEMBERSHIP DUES 325 325 0.00 350.00 0.00 25.00) 7.69-
TOTAL PURCHASED/CONTRACT SERV 2,825 2,825 0.00 737.50 0.00 2,087.50 73.89
'PLIES
-57500-310 OFFICE SUPPLIES 3,500 3,500 0.00 258.13 0.00 3,241.87 92.62
-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00
-57500-360 BOOKS & PUBLICATIONS 250 250 0.00 0.00 0.00 250.00 100.00
TOTAL SUPPLIES 4,000 4,000 0.00 258.13 0.00 3,741.87 93.55
'ITAL EXPENDITURES
-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 ..".,-000.00 100.00
-..
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5.000.00 1.00.on
'RECIATION & AMORT ~_..,,-------------_.-
TOTAL SPECIAL EVENTS 95,087 g5,087 462.38 33,147.05 0.00 Gl. 93 L) '.1<:' f~ r,
2-10-2009 12:'
"'I
BOYNTON BEACH r
REVENUE & EXPENDITURES REPC JNAUDITED)
AS OF: FEBRUARY 28'1.., 2009
01 -GENERAL FUND
EMPLOYEE BEBEFITS
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PERSONNEL SERVICES
01-59000-151 F.I.C.A. 43,345 43,345 1,682.92 14,479.38 0.00 28,865.62 66.60
01-59000-152 MEDICARE 9,830 9,830 393.58 3,847.02 0.00 5,982.98 60.86
01-59000-153 RETIREMENT PLAN 401(a) 74,512 74,512 0.00 9,003.00 0.00 65,509.00 87.92
01-59000-154 WORKERS COMP INSURANCE 6,356 6,356 0.00 0.00 0.00 6,356.00 100.00
01-59000-155 HEALTH INSURANCE 53,856 53,856 0.00 21,581. 32 0.00 32,274.68 59.93
01-59000-156 DENTAL INSURANCE 3,698 3,698 250.46 1,377.54 0.00 2,320.46 62.75
01-59000-157 LIFE INSURANCE 2,614 2,614 491. 00 491. 00 0.00 2,123.00 81.22
01-59000-158 SHORT / LONG TERM DISABIL 3,112 3,112 1,361.40 1,361.40 0.00 1,750.60 56.25
01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
01-59000-160 VISION INSURANCE 594 594 34.72 212.68 0.00 381.32 64.20
01-59000-161 COMPENSATED ABSENSES 25,000 25,000 0.01) 3,358.11 0.00 21,641.89 86.57
TOTAL PERSONNEL SERVICES 227,917 227,917 4,214.07 55,711.45 0.00 172,205.55 75.56
TOTAL EMPLOYEE BEBEFITS 227,917 227,917 4,214.07 55,711. 45 0.00 172,205.55 75.56
-15-
10-2009 12:11 PM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
- GENERAL FUND
.T SERVICE
'ARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
.T SERVICE -~--- ___0._______"____ ---~-- ._.._._~._-----
:ER FINANCING USES
-59800-990 TRANS OUT TO DEBT SERVI~E__3, 066, 581 3,066,.581 0.00 0.00 0.00 3,066,581.00 100.00
TOTAL OTHER FINANCING USES 3,066,581 3,066,581 0.00 0.00 0.00 3,066,581.00 100.00
~-~------~---~
TOTAL DEBT SERVICE 3,066,581 3,066,581 0.00 0.00 0.00 3,066,581.00 100.00
2-10-2009 12;'
BOYNTON BEACH r
REVENUE & EXPENDITURES REPO; .NAUDITED)
AS OF: FEBRUARY 28Th, 2009
01 -GENERAL FUND
TRANSFER OUT
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
OTHER FINANCING USES
01-59999-990 INTERFUND TRANSFERS OUT 6,171,419 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00
TOTAL OTHER FINANCING USES 6,171,419 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00
TOTAL TRANSFER OUT 6,171,419 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00
TOTAL EXPENDITURES 13,052,500 13,052,500 54,433.15 861,631.69 82,884.93 12,107,983.38 92.76
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER/ (UNDER) EXPENDITURES 0 0 54,433.15) 7,754,304.33 82,884.93) ( 7,671,419.40) 0.00
-17-
.10-2009 12:12 PM
-PROJECTS FUND
lANCIAL SUMMARY
ORIGINAL
BUDGET
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
'ENUE SUMMARY
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
'ESTIVALS & EVENT INCOME 0 0 0.00 12,065.79 0.00 12,065.79) 0.00
:NVESTMENT INCOME 0 0 0.00 2,947.03 0.00 2,947.03) 0.00
II SCELLANEOUS 300,000 300,000 0.00 0.00 0.00 300,000.00 100.00
)THER FINANCING SOURCES 6,671,419 6,671,419 0.00 0.00 0.00 6,671,419.00 100.00
~~~~-_._-~ ..~-_.._---~ _.~-_.
~AL REVENUES 6,971,419 6,971,419 0.00 15,012.82 0.00 6,956,406.18 99.78
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- --- --------- ------------- -~-----
'ENDITURE SUMMARY
lFERATING EXPENSES
~APITAL OUTLAY
,FFORDABLE HOUSING
~CONOMIC DEVELOPMENT
'ROJECTS AND PROGRAMS
465,000
4,091,279
860,000
809,795
745,345
~AL EXPENDITURES
6,971.419
'ENUES OVER.' (UNDER) EXPENDITURES
465,000
4,091,279
860,000
809,795
]45,345
6,971,41Q
4,748.79
0.00
50,000.00
27,968.50
32,196.00
114,913.29
i14 q1'~ :~Qj
5,612.69
22,745.81
234,622.44
238,944.01
166,474.17
668,399.1:
(;53 38h 1()1
52,011. 21
52,245.99
0.00
0.00
0.00
104,25'7.20
"L0.1 25-' =0;
407,376.10
4,016,287.20
625,377.56
570,850.99
578,870.83
6,198,762.68
I: 4 _~ r., [
87.61
98.17
72.72
70.49
77.66
88.92
2-10-2009 12:
M
02 -PROJECTS FUND
REVENUES
BOYNTON BEACH
REVENUE & EXPENDITURES REP( JNAUDITED)
AS OF: FEBRUARY 28Tn, 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
.. OF
UNENCUMBERED BUDGET
BALANCE REMAINING
FESTIVALS & EVENT INCOME
02-44100 FESTIVAL & EVENT INCOME
TOTAL FESTIVALS & EVENT INCOME
INVESTMENT INCOME
02-46100 INTEREST INCOME
TOTAL INVESTMENT INCOME
MISCELLANEOUS
02-48100 MISCELLANEOUS INCOME
TOTAL MISCELLANEOUS
OTHER FINANCING SOURCES
02-49100 OTHER FINANCING SOURCES
02-49900 TRANSFERS IN
TOTAL OTHER FINANCING SOURCES
0 0.0 0.00 12,065.79 0.00 12,065.79) 0.00
0 0 0.00 12,065.79 0.00 12,065.79) 0.00
0 0.0 0.00 2,947.03 0.00 2,947.03) 0.00
0 0 0.00 2,947.03 0.00 2,947.03) 0.00
300,000 300,000.0 0.00 0.00 0.00 300,000.00 100.00
300,000 300,000 0.00 0.00 0.00 300,000.00 100.00
500,000 500,000.0 0.00 0.00 0.00 500,000.00 100.00
6,171,419 6,171,419.0 0.00 0.00 0.00 6,171,419.00 100.00
6,671,419 6,671,419 0.00 0.00 0.00 6,671,419.00 100.00
6,971,419 6,971,419 0.00 15,012.82 0.00 6,956,406.18 99.78
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
TOTAL REVENUES
-19-
10-2009 12:12 PM
- PROJECTS FUND
;RATING EXPENSES
'ARTMENTAL EXPENDITURES
[CHASED/CONTRACT SERV
!-58100-202 CONTINGENCY EXPENSE
!-58100-203 CONTRACTUAL EXPENSE
!-58100-213 LEGAL FEES
TOTAL PURCHASED/CONTRACT SERV
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
UNENCUMBERED
BALANCE
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
BUDGET
REMAINING
90,000 90,000 0.00 0.00 0.00 90,000.00 100.00
300,000 300,000 4,748.79 5,612.69 52,011.21 242,376.10 80.79
__75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
------ ~_._----
465,000 465,000 4,748.79 5,612.69 52,011. 21 407,376.10 87.61
465,000 465,000 4,748.79 5,612.69 52,011. 21 407,376.10 87.61
TOTAL OPERATING EXPENSES
2-10-2009 12,
'M
BOYNTON BEACH
REVENUE & EXPENDITURES REPI UNAUDITED)
AS OF: FEBRUARY 2B',.., 2009
02 -PROJECTS FUND
CAPITAL OUTLAY
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR - TO- DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
CAPITAL EXPENDITURES
02-5B200-400 LAND 650,000 650,000 0.00 0.00 0.00 650,000.00 100.00
02-5B200-404 CONSTRUCTION IN PROGRESS 2,000,000 2,000,000 0.00 22,745.B1 52,245.99 1,925,OOB.20 96.25
02-5B200-405 SITE WORK AND DEMOLITION 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
02-5B200-406 INFRASTRUCTURE AND STREET 1,366,279 1,366,279 0.00 0.00 0.00 1,366,279.00 100.00
TOTAL CAPITAL EXPENDITURES 4,091,279 4,091,279 0.00 22,745.B1 52,245.99 4,016,2B7.20 9B.17
TOTAL CAPITAL OUTLAY 4,091,279 4,091,279 0.00 22,745.B1 52,245.99 4,016,2B7.20 9B.17
-21-
10-2009 12:12 PM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
-PROJECTS FUND
FORDABLE HOUSING
PARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
1; OF
BUDGET
REMAINTNr:
PITAL EXPENDITURES
2-58300-420 RESIDENTIAL IMPROVEMENT P 160,000 160,000 0.00 0.00 0.00 160,000.00 100.00
2-58300-421 HOME BUYERS ASSISTANCE PR 300,000 300,000 0.00 203,272.31 0.00 96,727.69 32.24
2-58300-473 AFFORDABLE ACCESS PROGRAM 400,000 400,000 50,000.00 50,000.00 0.00 350,000.00 87.50
2-58300-474 HOB RESIDENTIAL IMPROV.PR 0 0 0.00 18,649.871 0.00 18,649.87 0.00
-_.._"--- ----.-
TOTAL CAPITAL EXPENDITURES 860,000 860,000 50,000.00 234,622.44 0.00 625,377.56 72.72
~-_._------ -------.-- -------....--
TOTAL AFFORDABLE HOUSING 860,000 860,000 50,000.00 234,622.44 0.00 625,377.56 TO .72
2-10-2009 12:
'M
BOYNTON BEACH
REVENUE & EXPENDITURES REP( UNAUDITED)
AS OF: FEBRUARY 28',.., 2009
02 -PROJECTS FUND
ECONOMIC DEVELOPMENT
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
CAPITAL EXPENDITURES
02-58400-440 FACADE GRANTS-COMMERCIAL 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
02-58400-442 TRANSPORTATION PROGRAM 734,795 734,795 27,968.50 238,944.01 0.00 495,850.99 67.48
TOTAL CAPITAL EXPENDITURES 809,795 809,795 27,968.50 238,944.01 0.00 570,850.99 70.49
TOTAL ECONOMIC DEVELOPMENT 809,795 809,795 27,968.50 238,944.01 0.00 570,850.99 70.49
-23-
-10-2009 12:12 PM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: FEBRUARY 28TH, 2009
-PROJECTS FUND
JJECTS AND PROGRAMS
?ARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
?ITAL EXPENDITURES
2-58500-460 COMMUNITY POLICING INNOVA 475,345 475,345 0.00 67,371.28 0.00 407,973.72 85.83
2-58500-480 COMMUNITY SPECIAL EVENTS 270,000 270,000 32,196.00 99,102.89 0.00 170,897.11 63.30
TOTAL CAPITAL EXPENDITURES 745,345 745,345 32,196.00 166,474.17 0.00 578,870.83 77.66
- ---------
TOTAL PROJECTS AND PROGRAMS 745,345 745,345 32,196.00 166,474.17 0.00 578,870.83 77.66
2-10-2009 12:
\l
BOYNTON BEACH
REVENUE & EXPENDITURES REP( JNAUDITED)
AS OF: FEBRUARY 28Th, 2009
02 -PROJECTS FUND
TRANSFER OUT - ASSET TRA
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
OTHER FINANCING USES
TOTAL EXPENDITURES
6,971,419
6,971,419
114,913.29
668,399.12
104,257.20
6,198,762.68
88.92
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER/(UNDER) EXPENDITURES
o
o
114,913.29)(
653,386.30) (
104,257.20)
757,643.50
0.00
-25-
VI. CONSENT AGENDA:
D. Approval of Resolution 09-01 for Additional
Three Year Term for IT Services
~~~qY~Te~lC
. East Side-West S',de-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I X I Consent Agenda I
Old Business I I New Business
Public Hearing
Other
SUBJECT: Approval of Resolution 09-01 for Additional Three Year Term for IT Services
SUMMARY:
. On February 28, 2006 Interlocal Agreement for Technical Support, R06-053 was approved
between the CRA and the City (see attached).
. Initial Term: Three (3) years from 211/06 through 1/31/09
. Renewals: Two three (3) year terms
. Payment: Initial Period - Year 1: $18,000; Year 2: $18,540; Year 3: $19,096
. The City and CRA are desirous of renewing ILA R06-053 for an additional three year period.
. First Renewal Term: 211/2009 through 1/31/2012
. Renewal Payment: Year 4: $19,669; Year 5: $20,259; Year 6: $20,867 (see attached schedule)
FISCAL IMPACT: Budgeted in FY 2009-2010 - $20,000 - General Fund 01-51650-210
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS:
S'0rt /\ //
~~.)
(
Approve Resolution 09-01 for the Extension of the ILA for Technical
Susan Harris
Finance Director
James Cherof
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\IT ILA Renewal.doc
1
2 RESOLUTION NO. R09- 01
3
4
5 A RESOLUTION OF THE BOYNTON BEACH
6 COMMUNITY REDEVELOPMENT AGENCY,
7 APPROVING THE EXTENSION OF THE INTERLOCAL
8 AGREEMENT FOR TECHNICAL SERVICES BETWEEN
9 THE COMMMUNITY REDEVELOPMENT AGENCY
10 AND THE CITY OF BOYNTON EACH FOR AN
11 ADDITIONAL THREE (3) YEAR TERM; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the Community Redevelopment Agency (CRA) and the City of Boynton
16 Beach entered into an Interlocal Agreement for Technical Support on February 28,2006 for an
17 initial term from February I, 2006 through January 31, 2009; and
1 8 WHEREAS, pursuant to the paragraph 3 of the Agreement entitled "Term", the CRA
19 was granted the right to renew the Agreement for two (2) additional three (3) year terms; and
20 WHEREAS, the CRA desires to extend the Interlocal Agreement for one (I) term of
21 three (3) years from February 1,2009 through January 31,2012.
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH
23 COMMUNITY REDEVELOPMENT AGENCY, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part ofthis Resolution upon adoption
26 hereof.
27
Section 2.
The CRA Board approves extension of the February 28,2006 Interlocal
28 Agreement for technical support for a three (3) year term from February 1, 2009 through
29 January 31, 2009. CRA payments to the City of Boynton Beach for technical support during
C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\CRA ITS ILA extension
(2).doc
- ] -
the three (3) year term shall be as f(Jllu\\'
')
Year 4
Y car 5
Year 6
2/I/OY I i.~ J' I ( I
211 /I 0 Ii.~ J I I
211 II 1- I /3 ]/ I :2
S I Y,hh\)
$20,259
$20.X67
.f
5
6
Section 3.
A copy of this Resolution shall be affixed to the original Agreement nil
7 file with the City Clerk and shall serve as an addendum to the original agreement.
x
Section 4.
That this Resolution shall become effective immediately upon passage
9
PASSED AND ADOPTED this
day of March, 2009
10
II
12
I."'
14
15
16
17
1 X
19
20
21
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Chair Jerry Taylor
Vice Chair Jose Rodriguez
Board Member - Ronald Weiland
'),
n
24
Board Member Woodrow L. Hay
25
26
27
n APPROVED AS TO PURPOSE:
Board Member -- Marlene Ross
29
."'0 By:
."'1
'\/
Lisa Bright
Executive Director
.B
."'4 APPROVED AS TO FORM:
."'5
."'6
."'7
."'X
By:
James A Cherof
Board Attorney
C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Files\OLKX 1 \eRA ITS ILA extl'nSlon
(2).doc
IT ILA Summary & Payment Schedule
Effective Date: Feb. 1, 2006 thru Jan. 31, 2009
Renewal for two (2) additional three (3) year terms.
Invoiced: February, May, August, November
Annual Quarterly
Year 1 2/1/06-1/31/07 $ 18,000 $ 4,500
Year 2 2/1/07-1/31/08 $ 18,540 $ 4,635
Year 3 2/1/08-1/31/09 $ 19,096 $ 4,774
Renewal
Year 4 2/1/09-1/31/10 $ 19,669 $ 4,917
Year 5 2/1/10-1/31/11 $ 20,259 $ 5,065
Year 6 2/1/11-1/31/12 $ 20,867 $ 5,217
Year 7 2/1/12-1/31/13 $ 21,493 $ 5,373
Year 8 2/1/13-1/31/14 $ 22,137 $ 5,534
Year 9 2/1/14-1/31/15 $ 22,802 $ 5,700
T:\INTERLOCAL AGREEMENTS\IT Services Inter Local with City\Summary and Payment Schedule
< ',:", ~(1
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Lisa Bright
Executive Director of eRA
FROM:
Janet M. Prainito
City Clerk
DATE:
March 2, 2006
RE:
Resolution No. R06~053 - Agreement for Technical Support
Attached for your information and files is a fully executed copy of the agreement as
stated above. I have retained one fully executed original for our Central File.
~Yn,
P~L-k
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commlssion\2005\CRA - R05-091.doc
"~. \ r-' i
s:\cc\wp\afler cornmission\other transmiltalletters after commission\2005\cra - r05-091 doc
""I\r{ :! ; filII,
;(1''1'; ,Ji' I;
I
I
11 !
i I
r) Ii
, ' !
3
4
5
6
7
8
9
10
11
~
.....,
RESOLUTION NO. R06.[~?)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR TECHNICAL SUPPORT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE COMMUNITY REDEVELOPMENT AGENCY
(CRA); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
12
recommendation of staff, hereby deems it to be in the best interests of the citizens and
13
residents of the City of Boynton Beach, to approve an Agreement, providing for technical
14
support in cOlmection with the day-to-day governmental operation of the CRA; and
15
16
17
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19
being true and correct and are hereby made a specific part of this Resolution upon adoption
20
hereof.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby approve, and authorizes the City Manager to execute an Agreement between the City
23 of Boynton Beach and the Connnunity Redevelopment Agency (CRA) of the City of
24 Boynton Beach, providing for technical support in connection with the day-to-day
25 governmental operations of the CRA, a copy of which Agreement is attached hereto and
26 incorporated herein by reference.
27
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA \RESO\Agreements\CRA- Technical Support 020806.doc
PASSED AND ADOPTED this,!hl day of February, 200()
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CITY OF BOYNTON BEACH. FLORll)A
ISSloner
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Conuuissioner
S:\CA\RESO\Agreements\CRA- Technical Support 020806.doc
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INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
THIS INTERLOCAL AGREEMENT, made and entered into this 118 day of
Febr~ ' 2006, by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 639 East Ocean Avenue, Suite 107, Boynton Beach,
Florida 33435 (hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, having the address, 100 East Boynton Beach
Boulevard, Boynton Beach, FloIida 33435 (hereinafter referred to
as "CITY").
WHEREAS, at its meeting of ~c2vA2-'f 21. 2006, the City of Boynton Beach approved
enteIing into this Agreement with the CRA, providing for the provision of technical support
services by CITY to the CRA; and
WHEREAS, at its meeting of February 14, 2006, the CRA approved entering into an
Agreement with CITY; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
1. PROJECT DESIGNATION. CITY is retained by the CRA to perform computer
technical services in connection with the day-to-day governmental operations of the CRA.
2. SCOPE OF SERVICES. CITY agrees to perform the services, identified in the
document, entitled, "Client Agreement and Conditions for CRA Technical Services,"
which is attached hereto and made a part hereof as Exhibit "A" on the "CRA Hardware
and Software Inventory" which is attached hereto and made a part hereof as Exhibit "B".
All materials, equipment, and supplies necessary for CITY to perform said services shall
be the responsibility of CRA. CRA shall use its best efforts in cooperating with CITY in
providing the information and documentation necessary to CITY in the performance of
the Technical Services under this Agreement.
3. TERM. Work under this Agreement shall commence upon the giving of written notice
by the eRA to CITY to proceed (Effective Date shall be 21112006 through 01131/2009). .
This Agreement shall be for an initial term of three (3) years and may be renewed by the
parties for two (2) additional three (3) year terms. This Agreement shall terminate upon
mutual agreement of the pat1ies hereto or upon thirty (30) days wlitten notice ofm\en\
terminate from one party to the othCl
4. PAYMENT. CITY shall be paid by the eRA for services rendered under this Agreement
as follows:
a. CITY shall be paid the sum of Eighteen Thousand ($18,000.00) Dollars for the
first year of this Agreement, ($18,540.00) for the second year of this Agreement.
and ($19,096.00) for the third year
b. eRA shall pay the annual amount owed to CITY, in four equal installments on the
first business day of February, May, August, and November of each year.
C. The annual payment to CITY shall increase by three (3%) percent for each year
during the tenn of the agreement and any renewal tenns. Said increase shall he
effective on each annual anniversary of the effective date of this Agreement.
d. Payment as provided in this section shall be full compensation for work
perfonned, services rendered.
e. The pm1ies agree that should the demands on CITY increase as a result of
additional work stations, additional employees of the CRA, or changes to the
CRA Hardware and Software Inventory, the eRA and CITY shall renegotiate the
annual fee paid under this Agreement upon receipt of a written request from CITY
to renegotiate.
5. COMPLIANCE WITH LA W8. CITY agrees to perform the services contemplated by
this Agreement, and faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
6. GOVERNMENTAL IMMUNITY.
a. CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To the extent
permitted by law, each pm1y agrees to be fully responsible for acts, omissions, and
negligence of their agents, officers, or employees. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out
of this Agreement or any other contract.
b. Both parties acknowledge that this is an Inter local Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative
authority with regard to its respective goveming body. All of the privileges and
2
immunities from liability; exemptions from laws, ordinances, and lUles; pensions and
relief, disability, workers' compensation, and other benefits which apply to the activity
of officers, agents or employees of any public agency when performing their
respective functions within the telTitorial limits for their respective agency shall apply
to the same degree and extent to the performance of such functions and duties of
those officers, agents, or employees extra-tenitorially under the provisions of any
Inter local Agreement.
7. INDEPENDENT CONTRACTOR STATUS.
a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services perfonned by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
b. CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
8. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT.
During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recmitment advertising, layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
9. NON-EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement
between the parties. The CRA shall have the right to purchase the same kind of services
to be provided by CITY hereunder from other sources during the term of this Agreement.
10. ASSIGNMENT. CITY shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CRA.
11. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
12. TERMINATION. This Agreement may be terminated for convenience or cause by
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either party by providing thirty (30) days notice to the other party. Should terrmnation be
for convenience, tennination shall be without liability to the terminating party. In the
event of any termination, CITY shall be paid the pro rata sum for services perfOlmed, 01
if prepaid, CITY would return to the eRA the pro rata sum paid in advance.
13. DISPUTES. In the event that a party has a dispute with respect to the other party's
performance hereunder, the party shall notifY the other party in writing in accordance with
Article 14, advising of the disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the eRA and the City, the dispute shall be submitted to H
mediator mutually agreed to by the parties before any litigation is brought.
14. NOTICES. Notices to the CRA shall be in wliting and sent via U.S. Mail to tht:
following address:
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
639 East Ocean A venue, Suite 107
Boynton Beach, FL 33435
A TTN: ---'=.i ~_ll_ "B R.iG>t:t l~ .
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Notices to CITY shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-03 10
ATTN: Peter Wallace, ITS Director
With copy to:
City Attomey
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
15. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
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Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
fl1rther agree to refOlm the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
16. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between CITY and the CRA and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both CITY and CRA.
17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
18. CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. In the event any causes of
action arising out of this Agreement are pre-empted by federal law, any such
controversies shall be submitted to the jurisdiction of the United States District Court for
the Southern District of Florida. To encourage prompt and equitable resolution of any
litigation that may arise hereunder, each party hereby waives any rights it may have to a
trial by jury of any such litigation.
19. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this
Agreement. The parties agree that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim against either party based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
20. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be
construed with their common meaning to effectuate the intent of this Agreement. All
words used in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words in any gender shall
extend to and include all genders.
21. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties
acknowledge and understand that the rules, regulations and statutes regarding public
records are applicable to this Agreement and the services provided thereunder. CRA
understands that public records as defined in Chapter 119, Florida Statutes, created with
CRA computer equipment, software and hardware, including but not lirnited to e-mail
and internal memoranda, constitute public records under the laws of the State of Florida,
and are subject to disclosure unless otherwise exempt.
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22. RECORDING. This Af,'Tcement shall be recorded in the public records of Palm Beacll
County, in accordance with the Flolida Inter local Cooperation Act of] 1J()<;
23. MODIFICATION. It is further agreed that no modifications, amendments or alteration~
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith
IN WITNESS OF THE FOREGOING, the paIiies have set their hands and seals this
14th day of FEBRUARY , 2006.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
BV:~~~
p~~-~' ... ~__, Chain~~n
.)E. f:\ ~ ~ E; \-\E.~'J \ L \ ~
Print name: ____, Secretary
/
Ku
Attest:
(CITY SEAL)
~CL
z)ze(elp
Approved as to form:
Office of the City Attorney
DNT:dnt
S:\CA\AGMTS\lTS\CRA Tcchnical Services.. 2306.doc
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Exhibit A
Client Agreement and Conditions
For
CRA Technical Services
The City of Boynton Beach Information Technology Services Departments (ITS) and the
Community Redevelopment Agency (CRA) has entered into a technical support agreement to
provide technical support for the CRA Director and seven (7) staff members.
The items and services include unlimited technical support (during normal business hours:
Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution for the
equipment listed on Exhibit B, e-mail accounts, and network services such as access to GIS and
city shared drives. The City of Boynton Beach and the ITS Department will also extend their
Disaster Recovery/Business Recovery plan by offering off site storage and retrieval of backup
media including CD/RW.
Technical support response-resolution parameters are based on problem severity and impact on
business operations.
Severity Code Customer Impact Service Response to Resolution Time
Customer
1 - Critical Business Halted Immediate updates Until Fixed
every 30 minutes
2 - U rl!ent Business Imnacted 2-4 Hours 4 Hours
3 - Irnnortant Non-critical 1 - 3 Davs 1 - 3 Davs
4 - ReQuest Normal Business 3 - 5 Davs 30 Davs
The City of Boynton Beach shall not be responsible for any third party software or other
hardware other than the hardware and software listed on Exhibit "B." The City of Boynton
Beach would utilize change management policy to address any configuration changes to the
CRA pes, printers and network environment. ITS will extend the enterptise Microsoft agreement
to the CRA PCs, printers and network environment as defined in Exhibit "8." ITS will extend
the enterprise Microsoft agreement to the CRA PCs to provide proper coverage of licenses,
upgrades and support. Other services such as firewall protection and anti-virus software with
automatic updates will apply to the CRA network environment. The City of Boynton Beach will
also extend the GIS enterprise software cost savings to the eRA to access to GIS data from the
city's network by installing GISMO on two pes. The GISMO application has the ability to view
and run inquiries for GIS relates layers
eRA Tcchnical Services
eRA Equipment List
Item Model Number Serial CRA Monitor Location -1
Number Number Type _--.J
DELL
PC's express code ._-:J
,
DELL PC Intel @, Pentium @, 4 CPU, 1.80GHz, 1.79GHz, 512 MB RAM 6B63T11 BBCRA 002 Tube Ste. 103 - ShuWanda Peoples ,
DELL PC Intel @. Pentium @, 4 CPU, 1.80GHz, 1.79GHz, 512 MB RAM 1 B63T11 BBCRA 003 Flat Panel Ste. 103 - Robert Reardon ._-
DELL PC Optiplex GX280, Intel @, Pentium @, 4CPU. 2.80 GHz, 2.79 GHz, 504 MB of RAM JDZ5Z51 BBCRA 005 Tube Ste. 103 - Bookkeeper
DELL PC Intel @, Pentium @. 4 CPU, 3.20GHz, 3.19GHz, .99 GB RAM 1BLP831 BBCRA 007 Flat Panel Ste. 103 - Marj:Jee AdelsperQer
DELL PC Intel @, Pentium @, 4 CPU. 3.20GHz, 3.19GHz, .99 GB RAM 8MSZG81 BBCRA 008 Flat Panel Ste. 103 - Lisa Bright
DELL PC Intel@, Pentium@, 4 CPU, 1.80GHz, 1.79GHz, 512 MB RAM BH2PZ11 SBCRA 001 Tube Ste. 107 - Stacey Gallup
DELL PC Intel@, Pentium@, 4 CPU, 3.20GHz, 3,19GHz, .99 GB RAM JLL2L61 SSCRA 006 Flat Panel Ste. 107 - Vivian Brooks
Dell X-tra - no # Flat Panel Ste. 103 - Robert's Office
---
Printers HP LaserJet 1022 CNBC56M04F Ste. 107 - Stacey Gallup's Desk
HP Color InkJet CP1700 SG34Q5112Z Ste. 103 - Margee Adelsperger's Desk
-- ___..~~.~M._. "'_'~~'''''_'_
HP LaserJet4100N 8120-8381 Ste. 103 - Robert Reardon's Desk
HP LaserJet 4250 Q5401A Ste. 103 - Lisa BriQht's Desk
HP Laser Jet 4650N JPBGB17158 -+- Ste. 103 - Reception
Dymo LabelWriter 330 93037-0002738 Ste. 103 - Bookkeeper's Desk
~~_. ._"~-~--~~---~-_. -1
Cooier/Printerl '-'- -.---- 1---.-..--.--... .
~. -- ~ .,-~,~ -.--- ..-.-.. - _.~ .~.- -- --- --..--.----.. ,.- -- ~'-_.- ...
Scanner ImaQistics/Pitney Bowes 2065 4100121 Ste. 103 - Back Room
-_._._~~~_._,_._,.-..... "-'- ~- ---.---.- -.--." -...-.-- .-
I FaxlCopierl -- ~_._._.~",,<O"~_ .., __ _'_'_~'_m."___~_~._~~_._ - -~.~---~._,,-~.,_.,~-~,. ..- ---.. ......-
- .- Ste. 103 - Receotion
I Printer/Scanner Brother MFC-6800 U56580E2J334445 ~- --
i --~---~_. ~~_.^ -'----- ._--~_. h_~___._.._...._____ -.-.
-,--... ... ,."----~-~._~'~-_._~." -~. ~. --~-----~. .~.,~
Scanner HP ScanJet Document Feeder CN26N1AORG Ste. 103 - By Margee's Desk .--
.- ---~ -".- _.
- _...~- -----._-..__..~"'-_._--_._.,,_.._-~..,_.._..__. .---------~--~-- .. "U'__' ,,"..~",._M... _~ ---.-.--- f-----.- _m_ ....
Shredder Fellowes Powershred 220 cc ---~--- .--..-.....- -. ~-_.._- -- Ste. 103 - Back Room
-"~-"'--' --,-._.,-..,.,-~----~.__. -,,~.
InfoQuard SX100M '- --.--- Ste. 103 - Robert Reardon's Office
-. "---.-- _...__._-_._...._----,--_._._-_._----~ _._----~--_.~~._--,_.._'" Ste. 103 - Robert Reardon's Office
t----.- Executive Model EPS-1501 X ,,----- -- ..-"---~.~....---,,.> -' ',,:- - ~-,,_._--- --~ n.____ __ -. ------...
~- ._-----~,.__..._~ ~___~~~__.._.,,"...__.~_.._.~__~^'..~_"__'~~~....'~.a_~_~.~~_~_ .~-~<.- .- -,.... --.'
Plotter HP DesiQnJet 500.. Model C7769B SG4C28107B Ste. 103 - Back Room
--.--...-,-........ _.~_.- -- ._..._~.._._---~--,_.._-_. .- - '..-
------,--.'---<----.--,,--_._--<, -,.~. ~... - - --,~".._-_.. Ste. 107 '''.
Proiector InFocus LP820 AKBR40700093 .- _.
i .. ..- ,-. -',--'.'-" - ~.._--"---~- - ..
I -.--- ~._-_.~...__.__._._~,_._-,---_._~.._...............,-_._-~._"'~"---,--~'~.__..-- ~"..,-'..- .~" -. --~~- L--_____~_ .__'.' .- -,.
VI. CONSENT AGENDA:
E. Approval of Palm Beach International Film
Festival Movie Showing
~!I~C?:Y~T2~ eRA
iii East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10, 2009
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of Palm Beach County International Film Festival Movie Showing
SUMMARY:
. The Boynton Beach CRA in conjunction with the Palm Beach International Film Festival will
present the movie Mama Mia: The sing-along version.
. The eRA will be included as a sponsor in all marketing materials put out by the PBIFF.
. April 26, 2009 at 7:30 PM at Intracoastal Park.
. This is a FREE family event.
. Attendees are asked to bring a folding chair or blanket.
. Snacks and drinks available for purchase.
. This is not a 2008/2009 approved budget item.
. Proposed budget $2,000.00 - these funds are available in the Special Events Budget.
FISCAL IMPACT: Project Fund - 02-58500-480
RECOMMENDATIONS: Approve the showing of Mama Mia at Intracoastal Park.
~~
Kathy Biscuiti
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\3-10-09 Meeting\Palm Beach
International Film FestivaLdoc
VI. CONSENT AGENDA:
F. Approval of Sponsorship from Panera Bread
.~;~~:~
~~~~Y~T8~leRA
iIIIi East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of Sponsorship from Panera Bread
SUMMARY:
· The Panera Bread Restaurant on Congress A venue in Boynton Beach has expressed an interest in
becoming an event sponsor
· If approved, Panera would give the eRA a cash donation to be determined and provide a booth at
all events where they would distribute free food samples
FISCAL IMPACT: Project Fund revenue
RECOMMENDATIONS: Accept donation from Panera Bread
~ ~&d:t:
v Kathy Bisc . iti
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\Panera Bread 2009.doc
VI. CONSENT AGENDA:
G. Approval of Sponsorship for the Habitat for
Humanity Collegiate Challenge in the
Amount of $500
1Il~~ctY~Te~ eRA
. East Side-West Side-Seas.lde Renaissance
eRA BOARD MEETING OF: March 10,2009
I X I Consent Agenda I I Old Business I I New Business
Legal I I Other
SUBJECT: Approval of Sponsorship for the Habitat for Humanity Collegiate Challenge in the
Amount of $500
SUMMARY: During the week of March 16th, college students from around the country volunteer
their time during spring break to Habitat for Humanity to build homes. This spring, students from
Indiana University and the University of Alabama will be volunteering with Habitat for Humanity of
South Palm Beach to work on three homes in the Heart of Boynton one of which was donated to Habitat
by the CRA.
Habitat for Humanity asks that the community support the students with meals during their time here. In
order to provide the students with a positive impression of Boynton Beach, CRA staff recommends that
the Agency sponsor the students to eat dinner at a local restaurant. The total cost would be $20 per head
for 25 students or $500 total.
FISCAL IMPACT: $500 from the Contingency Fund.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS: Approve funding sponsorship of the Collegiate Challenge in the
amount of $500.
~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\Collegiate Challange(1 ).doc
VI. CONSENT AGENDA:
H. Approval of Sponsorship for Artavox Event
~~~qY~Te~ eRA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of Sponsorship for Artavox event.
SUMMARY:
. Artavox is an indoor/outdoor cocktail party where artists gather to mingle, network and
showcase
. The evening includes installations, performances, showcases, food and drinks
. Agencies involved: The Palm Beach County Cultural Council, The Palm Beach County Art in
Public Places, The City of Boynton Beach, The City of Boynton Beach Arts in Public Places and
Artists of Palm Beach County
. May 20, 2009 - 5:30 PM to 7:30 PM
. Located in and around the Schoolhouse Children's Museum
. CRA will support Artavox by:
Helping with planning of the event
Paying for two police officers for the night of the event
Paying for Facilities or Rec. & Parks employee that may be needed for night of event
FISCAL IMPACT: Expenses not to exceed $500.00 from budgeted line item 02-58500-480
RECOMMENDATIONS: Approve sponsorship for Artavox event
~~
Kathy Biscu. i
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetings\3-1 0-09 MeetinglArtavox Event.doc
VI. CONSENT AGENDA:
I. Monthly Procurement Purchase Orders
.<,
;';-'
~~~qY~Te~iC
ill East Side-West Side-Seas.lde Renaissance
eRA BOARD MEETING OF: March 10,2009
I X I Consent Agenda I
Old Business I I New Business
Public Hearing
Other
SUBJECT: Monthly Procurement Purchase Orders
SUMMARY:
. This item is per the January 13, 2009 CRA Board meeting re Procurement Policy (minutes
attached).
. The attached report summarizes CRA procurement purchase orders for the month.
FISCAL IMPACT:
$6,490 - PO#683 - Budget Line Item: 02-58100-203
$21,574 - PO#684 - Budget line Item: 02-58500-460
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve the written report to the CRA Board of procurement purchase
orders under $25,000 for the month of February 2009.
~~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\Purchases Less Than $25,OOO.doc
Boynton Beach eRA
Approved Requests for Procurement Purchase Orders Under $25,000
Month: February 2009
.L Vendor
REG Architects
Amount
$6,490.00
Description
211 E. Ocean - Preparation of cost estimates based on the design and
construction documents. Review all value engineering options with
contractor to determine whether each item will provide a true value to owners
and not impede on the future process of Historic designation for building.
Funding Source
Project Fund 02-58100-203
2. Vendor
Alan Jay Import Center, Inc
Amount
$21,574.00
Description
Purchase of police vehicle - 2009 Toyota Sienna
Funding Source
Project Fund 02-58500-460
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Motion
Vice Chair Rodriguez moved the Board approve this purchasing policy, with the addition
that a monthly report be provided to this Board by the Executive Director outlining all
those expenditures under $25,000. Mr. Weiland seconded the motion that passed
unanimously.
E. Approval of Sponsoring the Palm Beach County Business Development
Board's 2009 Familiarization Program (FAM)
Ms. Ross noted she was pleased the CRA and the City were sharing the expense for the
$2,000 sponsorship. She inquired whether CRA Board members were involved or
whether this pertained to staff participation. Ms. Bright explained the CRA had been
approached by the City Commission, through the City Manager, to split the cost of the
$5,000 membership ($2,500 to be paid by both the CRA and the City). Splitting the
cost allowed for the participation of the City Manager and two Commissioners.
Membership was key to the CRA as an economic development engine.
Vice Chair Rodriguez pointed out the event was not included within the membership
previously approved by the Board and inquired whether this item had been budgeted.
It was noted the item had not been budgeted and funds would be required to be
allocated from contingency.
Chair Taylor noted staff was recommending the Board sponsor the event at a cost of
$1,000 and requesting the City contribute the remaining $1,000.
Ms. Ross questioned the resolution included with the meeting materials which had been
adopted by the previous CRA Board on November 14, 2006. Ms. Bright noted the
resolution had been included in error.
Vice Chair Rodriguez believed the sponsorship benefits for the event were wonderful,
but did not feel the event was necessary. He felt the dollars could be put to better use.
Ms. Bright pointed out that while the CRA had membership In the County Business
Development Board, staff did not serve on the Board. Opportunities for CRA
participation were always in addition to the membership and corresponded to the CRA's
mission. Vice Chair Rodriguez felt the issue should be discussed during the budget
process.
Chair Taylor noted the Board's sponsorship could be approved at this meeting, and a
request could be made to the City Commission for its share.
5
~RY~8l:RA
iI east Slde~W.stSld. ~S.aslde Renaissance
Boynton Beach
Community RI devllopment Agency
I1llouth 'ede'" Hllhway
Soynton SIad1 FL 33435.H12
PURCHASE ORDER
PO Number:
Request # :
000683
Date:
02/20/2009
000685
Vendor # :
01-0598
REG ARCHITECTS INC
ISSUED TO: 307 EVERNIA STREET
4TH FLOOR
WEST PALM BEACH, FL
33401
BOYNTON BEACH CRA
SHIP TO: 915 SOUTH FEDERAL
attn: HARRIS
BOYNTON BEACH, FL
HWY
33435
IteM
1
U,NlTS
DES~~~N
~i
PRice
0.00
AMOUNT
6,490.00
0.00 211 E. OCEAN AVE. 02 -58100-203
PROVIDE COST ESTIMATING AND VALUE ENGINEERING
ANALYSIS SERVICES
BASIC FEE - $5,900
10\ CONTINGENCY - $590
TOTAL = $6,490
;I"
02/20/2009
DATE
, . ,. ... ..' TOT4.
'rQTAL TAX
TOTAL
6,490.00
TAX EXEMPT
0.00
02/20/2009
DATE
1. 0IfgInII........,..,.-1IIJIY1IlU1t "'_'0 8oy\1On Slid! CRA,McowIb....... Dtpt.""oulll '...............lIo)n1on I-'>, FL:s:t43WI12.
2. ...,................ WlllIn 10'" III..... of............. .............
a. C'O.D.......... ................
4. ....,...0NIr................. on IIIIIlpplnf IOnIIIneN,,.,... IlpUnd....OlcIL F......1e ~ lIlolllovo,....-V""pllfMllt.
IL M .............. ,.o.a. .......... ....... dMrMo ItIIiId.
.. AII......and .............._ Ie .,nwlllllOld......~ 011''''__'' tho parch_ onIIror IPI*ldegestlltnlOf.llulIatIIu8Dat .....t,..atld..ahout approvll
11 11M....... u..-............ MI..,..,.. WI 1M NlllnMlt II...... Ie 1M CIlJ
, ....and....-. _11.....-.. II.~ ............. ~.,d ...utoIlono.
....... ...1IIIIllIf.--..... ,,*of 10...,......... .........,...... "'1nIlIIId.
.. ...., oclcn.......... thot """'1011I eqUlll epJIOItunltJllIlpIoJIr. ......eotIIply..h IIICIIlII~'" Met NQUlIOono tllllnlppllcallll to" Ie alii""" 01 tho blljlll".
- Finance Dept. (561) 737-3256 Fax (561) 737-3258
'?~i~~Y~Tp~, Ri\
. E,,,, ,d,' ,V.c,' "do ,.,,"'8. Ren,,,,,,,,',:
Boynton Beacr
Community Redevelopment Agel'c
915 South Federal Hlghwa~'
Boynton Beach Fl 334355E1
PURCHASE ORDER
PO Number:
. (- ,....;
Date
Request # "
. {., '"""11'"
Vendor #
ISSUED TO:
ALAN JAY IMPORT CENTEU,
441 US HWY, 27 NORTH
SEBRING, FL 33870
INC,
SHIP TO: BOYNTON BEACH ('j'
~; 1 ,. SOUTH FEDER
3 t tn, HAR R IS
BOYNTON BEACH, .,
!iV-I]'
~~J .) 4 :?' [.
1
UNITS DESCRIPTION
0.00 BUDGETED POLICE VEHICLE 02 -58500-460
PURCHASE OF ONE POLICE VEHICLE
BUDGETED IN FY 2008-2009
VEHICLE: 2009 TOYOTA SIENNA (5326)
COLOR: DARK BLUE METALLIC
DELIVERY ADDRESS:
PRICE
AMOUtn
I
--j
'n I
ITEM
(' 0n
;: 1 " "
BOYNTON BEACH, FL 33435
ATTENTION: STEVEN WEISER, FLEET ADMINISTRATOR
/r
/
TOTAL
21,5,"4,00
02/27/2009
DATE
TOTAL TAX
TAX
TOTAL
02/27/2009
DATE
1. Original invoice plus one copymust be sent to BO)flton Beach eRA, Accounts PB}Ilble Dept, 91550uth Fed.. Hlgh~ BO)flton Beach, FL 33435-5612.
2, PB)fllent maybe expected v.ithin 30 days of receipt of goods, unless othe.....se stated,
3, C.O.D. shipment IOiIl not be accepted,
4. Purchase Order numbers must appear on all shipping containers, packing slips and invoices, Failure to complylOith the above request maydelaypB)fllent,
5. All goods are to be shipped F.O.B. Destination unless oth........se stated.
6, All materials and services are sub) ect to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted IOithout approval
of the Requesting Department. Material not approved IOiIl be returned at no cost to the eit)'
7. All goods and equipment must meet or exceed all necessarycity, state and federal standards and regulations,
8, Vendor or manufacturer bears risk of loss or damage until propertyreceived andlor installed,
9, Seller acknoYotedges that bu}<!r is an equal opportunilyemplo}<!t". Seller IOiIl cornplylOith all equal oppertunitylaws and regulations that are applicable to it as a supplier of the bUl"r
Finance Dept. (561) 737-3256 Fax (561) 737-3258
VII. INFORMATION ONLY:
A. CRA Policing Activity Report for the Month of
February, 2009 and District Statistics for the
Months of January and February, 2009
, ~ f'
,. ." \(L
r /"'.,.,r:.
/::~~
,. ~
,I ~~~Y~T2~ eRA
iIIIIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I
Old Business
New Business
Public Hearing I X I
Other
SUBJECT: CRA Policing Activity Report for the Month of February 2009 and District Stats for
Months of January and February, 2009. (Info. Only)
SUMMARY: Monthly report, providing activity and data on Crime in the CRA District:
January 2009:
· Crimes - 64
· Arrests - 18
· Calls for Service - 1534
February 2009:
. Crimes - 51
. Arrests - 11
. Calls for Services - 1355
FISCAL IMPACT: Cost budgeted in FY 2008-2009 from Project Fund 02-58500-460
CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations
RECOMMENDATIONS: Info. Only
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\3-
10-09 Meeting\CRA Crime Monthly Stats,doc
Boynton Beach Police Departmen'
Year-To-Date Crime Comparison Repori
2008 / 2009
CRA District
FEBRUARY 20m
CRIMES
Feb-09 Feb-08 + / - Jan-09 + / - Y-T-D Y-T-D + / -
2009 2008
Criminal Homicide 0 0 0 0 0 __ 0 1 -1
,.-.--
Sexual Offense 0 0 0 1 -1 1 1 0
Robberv 4 7 -3 4 0 8 15 -(
-- .----
Aaaravated Assault 6 5 1 10 -4 16 8 8
-- -,----
Burglary 13 8 5 15 -2 28 30 ')
-L
- ._--
Larceny 27 37 -10 33 -6 60 67 .{
--"~-~
Auto theft 1 4 -3 1 0 2 15 -13
TOTAL 51 61 -10 64 -13 115 137 -22
ARRESTS
Feb-09 Feb-08 + / - Jan-09 + / - Y-T-D Y-T-D + / -
2009 2008
Criminal Homicide 0 1 -1 0 0 0 1 -'I
---
Sexual Offense 0 0 0 0 0 0 1 I
~_".__._c~_
Robbery 1 3 -2 2 -1 3 6 .3
Aggravated Assault 3 4 -1 3 0 6 4 L
---- -'-'."'-
Buralarv 2 2 0 4 -2 6 7 1
._,--~.,..-
Larcenv 5 8 -3 8 -3 13 10 ,j
,----.,.-
Auto theft 0 0 0 1 -1 1 0 I
TOTAL 11 18 -7 18 -7 29 29 u
CALLS F.IIIM'tCE
Feb-09 Feb-08 +/ Jan-09 +/ Y-T-D Y-T-D i
- - 2009 2008 +
TOYAl. 1355 1413 -58 1534 -179 2889 3063 -174
3/3/2009
MONTH: FEBRUARY 2009
eRA Police Team
MONTHLY ACTIVITY REPORT
02/02/09
-Assisted Road Patrol with calls for service within the CRA District
-Traffic enforcement throughout the HOB as well as other sections of the CRA District
-Burglary suppression in the northeast sector of the CRA District, numerous individuals FIR'd, TOT DB
-Extra patrols throughout all shopping plazas along the Federal Highway Corridor
- Extra patrols throughout all parks in the CRA District
02/09/09
-Assisted Road Patrol with calls for service within the CRA District
-Attended the CRA Monthly Board Meeting
-Meeting with Assistant State Attorney from the COMBAT Division reference to ongoing operations
-Attended the HOB Special meeting at the Carolyn Sims Center
-Applied for 2 Search Warrants and 5 Arrest Warrants
-Executed Search warrant at the Golden Sands Motel in reference to Drug Dealing out of the rooms
-QOL Sweeps along South Federal Highway, I arrest was made
-Saturation patrol throughout the CRA District with an emphasis on the HOB area, numerous arrests made and
numerous citations were issued. The area of focus were QOL crimes and traffic offenses
-Extra patrols throughout all parks in the CRA District
02/16/09
-Assisted Road Patrol with calls for service within the CRA District
-Applied for 1 Search Warrants and 2 Arrest Warrants
-Executed 2 Search Warrants at 2216 SE 4th Street apt A andB. Recovered 27.4 grams of crack cocaine and
42.3 grams of marijuana ,:from apt A. Recovered 24.6 grams of marijuana and a handgun. from apt B. Arrested
2 individuals for active warrants, and arrested 1 individual for.2 active drug sale warrants, possession of
cocaine with intent to sell, and possession of marijuana with intent to sell. One vehicle and $2720.00 were
~ seized for forfeitUre.
: -Assisted the Traffic Unit with a traffic complaint
-QOL Sweeps throughout the HOBFea resulting in 8 arrests, totalit;1g 1 warrant, 8 misdemeanor charges and 6
felony charges. One vehicle was seiied for forfeiture
02/23/09
; -Bike patrol along East MLK reference to high visibility patrol during the Heritage Fest
, - Extra patrols throughout allparks in the CRA District
-Assisted Road Patrol with calls for service within the ORA District
- Traffic enforcement throughout the HOB as well as other sections of the CRA District
-QOL Sweeps throughout the HOB Area resulting in 2 arrests; 1 for possession of 15grams of marijuana and ]
for active PC for an aggravated felony
-Assisted CAT and SWAT with the execution of a Search Warrant at 409 NE lOth Ave. Crack cocaine and
Trafficking weight of Ecstasy were recovered. 2 individuals were arrested for the above charges
-Patrolled the HOB area in vehicles
\ I(}' J "71 f)" r"
Misdemeanor
Felony
Citations
Warrant Arrests
ghari?~sXi1e~ 0__ o-
Warrants Executed
LTOT AL ARRESTS
110
i-----
110
12
.~_..,-,._- ....-..-
! 5
!7
..+---
I 5
-~]
Cocaine I ~7}~~_
Methamphetamines .
_ Marijuap.~_____ . 81.9~~
Heroin
Schedule II 3
----.-."-..--
Schedule III
Schedule IV
---_.._- ...-- --.,~.,.,.~-
Guns
Cash : $2720.00
Vehicles 2
VII. INFORMATION ONLY:
B. Boynton Beach CRA and Trolley
Website Updates
~~:
""-
~~~~Y~T2~CRA
iIi East Side-West S,de- Seas.,de R.enaissance
eRA BOARD MEETING OF: March 10,2009
I Consent Agenda I
Old Business I I New Business
Public Hearing I X I
Other
SUBJECT: Boynton Beach CRA and Trolley Web site Statistics
SUMMARY: Monthly report, generated by Google Analytics, providing data on
the number of visitors to the CRA and Trolley websites:
Januarv 30 - March 1
Agency: 1,644
Trolley: 462
January 1 -31 (previous month)
Agency: 1,608
Trolley: 420
FISCAL IMPACT: Cost budgeted in 2008/2009 from Project Fund Budget
eRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area
(TCEA)
RECOMMENDATIONS: Info. Only
Margee Walsh
Marketing and Communications Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\Monthly Website Stats February.doc
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VII. INFORMATION ONLY:
C. Complaint/Comment Log - Monthly Update
eRA Complaint and Comment Log
2/12/2009 Website
Jason Hu hes
(561) 212-2924
2/20/2009 Card sent to CRA The Gayles Family
not provided
2/25/2009 Phone call to City Tim McTigue
not provided
2/26/2009 Visitor to Office Did not leave name
not rovided
T:\ADMINISTRATIVE\COMPLAINTCOMMENT LOG INFO\CRA Complaint.Comment Log
Upset that Commisioners Weiland and Rodriguez lefi
the 2/11/09 MLK Special Workshop early
Card sent to CRA Board stating that "You are
appreciated. "
Upset that debris from Fire Dept training bum at 104
NE 4th Ave on Friday 2/13/09 has not yet been cleaned
up
Was frustrated because the city sent him to the CRA for
a business grant for a business that was located out on
West Gateway, outside the CRA
As of2.28.09
Jason Huahes ~ 12.09
From: administration@boyntonbeachcra,cor-
Sent: Thursday, February 12, 2009 1 ~- 41
10: bbcra@bcsdsl.com
subject: contact form submisS1G
Flrst name: Jason
Last name: Hughes
Title:
company:
Address:
city: Boynton Beach
State: FL
zip: 33435
Telephone:
Fax:
Email address: jhughes_22@hotmail.con
Question/request: I just read Don Jordan's story (PBP) about tonight's CRA meetln(
and was alarmed to read that my city councilmen, who thou~ht it so important tc
place themselves on the CRA, didn't attend tonight's meetln~. I have to believ€
there's a good reason for that. As a resident raising a famlly in the chapel Hil
neighborhood in Boynton, I have vested interest in your efforts to revitalize Eas~
Boynton Beach. I have only lived in south Florida for three years but have seen ir
Del ray what several years of strategic investment and effort can do to turn a
community around. I urge you to commit - whether to this current H of B proposal or,
if absolutely necessary, another. But please do something. Those of us whom you
represent don't know what could be more important. please move us forward. Just
don't move us West (as attractive as such a proposal might seem). Thanks for your
attention and, in advance, for your future actions.
Are you a resident of Boynton Beach? Yes Do you own a business in Boynton Beach? No
Are you an investor or developer interested in redevelopment opportunities in
Boynton Beach? No Put me on your email list for future news and updates: Yes
Page 1
Page 1 of2
From: Simon, Michael
Sent: Wednesday, February 25, 2009 1 :01 PM
To: Kendall, Kimberley
Cc: Brooks, Vivian; LeJeune, Carisse; Buckley, Ashley; Altman, Ray; Blasie,Scott; Large, Tim; Long,
Carolyn
Subject: RE: Training Burn @ 104 NE 4th Ave.
February 25, 2009
Good Afternoon Kimberly:
The City of Boynton Beach and the CRA entered into an agreement approved by the City Commission
under Resolution No. 08-024, allowing for the live fire training/burning of the CRA owned structure
located at 103 NE 4th Avenue. The live fire training exercises have taken place several times over the
past year under partial burn scenarios. At the conclusion of each partial burn training exercise, the Fire
Department has been responsible for the board-up and securing of the burnt structure.
Prior to the anticipated conclusion of the final live fire training burn held on the 13th of February, CRA
staff applied for the required "pre-fire" demo permit with the City of Boynton Beach. The permit is paid
for and approved. However, the eRA could not secure a demolition bid from a contractor prior to the
burn date due to the fact that the amount and condition of the materials remaining could not be
accurately assessed until the burn was complete.
As of today, the CRA has approved a demolition bid and the contractor has stated that he will make
every effort to have the debris removed on or before next Tuesday, March 3rd.
I hope this information will aide in your reply to this and other inquiries from concerned citizens.
Please feel free to contact me if you require any additional documentation.
Respectfully,
Michael Simon
Development Manager
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach, FL 33435
Off-(561) 737-3256
Fax-(561) 737-3258
From: Kendall, Kimberley
Sent: Wednesday, February 25,2009 10:59 AM
To: Simon, Michael; Buckley, Ashley
Cc: Lejeune, Carisse
Subject: Training Burn @ 104 NE 4th Ave.
Dear Michael and Ashley,
This morning we received a complaint in the City Managers office from resident Tim McTigue, who lives on NE 4th
Ave. that the debris from the Fire Department training burn at 104 NE 4th Ave on Friday, February 13th, has not
been cleaned up. I have been advised that the agreement with the CRA is that the City will take care of the burn
and the CRA will look after the clean-up. Could you check into this for me and let me know when the clean-up is
file://T:\ADMINISTRA TIVE\COMPLAINTCOMMENT LOG INFO\RE Training Burn ... 2/25/2009
scheduled for so that I can call the resident back to advise
Thanks for you help I
A ilnher/l!l Kendall
ldminislrulil'l! -"ecrelar!
( 'i1.l. Manager'l (Hfice
Ie/15M) .., .L-' till! Ii
I iJ\ (5 () 1 j-.:I.}.,()(I/I
emoi! kenda/lki(l!hhf/ liS
~1_ ./I"T'.\ A T'\lt. A"Tlt.TTc""rn A 'T'T1TT":l\r'1A1t. IfnT A T"1IrLFT'r'A~Jf1\ KT:"1\TT TAn ThTVr\\DD 'r........~_~_rY D....--.-..
f}a~,(
') I')'::; I')()()O
c ~ p<. '6oorJc
\0
~ou are
U ~ppreciated,
~it
,Jk~.)V~
C\~~ I .
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
was available onsite, and continuous trolley service was accessible at Bank of America
beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She
encouraged everyone to attend. Chair Taylor noted everyone could dance to the music
of the band
She thanked the Board members for their donations in support of the concert series.
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting January 13, 2009
B. Approval of Minutes - CRA Board Special Meeting January 20, 2009
C. Approval of Minutes - CRA Board Special Meeting January 26,2009
D. Approval of Period-Ended January 31,2008 Financial Report
E. Administrative Policy Manual (Tabled January 13, 2009)
Mr. Weiland pulled this item
F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers
Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue
G. Approval of a Commercial Fa~de Grant in the amount of $15,000 to
Woolbright Development, Inc for the property located at 1625 South
Federal Highway
Motion
Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the
motion that passed unanimously.
VII. Pulled Consent Agenda Items: (Heard out of Order)
E. Administrative Policy Manual (Tabled January 13, 2009)
Mr. Weiland requested a brief summary of the item.
Ashley Buckley, Administrative Services Manager, explained the Administrative Policy
Manual was created in 2003 and was updated, as it contained antiquated logos, Board
member names, and account information. It was an internal policy for staff to use. It
provided direction to staff, in the event of absences, another staff member could
perform their tasks.
2
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 1 0, 200~
The following sections were discussec
The Interoffice Complaint form part of Human Resources Manual was removed. It wa:::
clarified the Human Resources manual was a part of the Administrative Policy Manua
The update separated the policy manuals which were still in place, and made tn,
document more user friendlv
The Grants Management Section, under Economic Development was removed. Wher
the policy was created, an Economic Development position was contained in tnE
organizational chart. There were four employees working at the time, with additiona
positions anticipated. Since then, staff compiled job descriptions and tasks, put them If
one section, and made the Administrative Policy Manual handle only administrativE
functions. The document was similar to an operating manual. It was noted jot
descriptions were different from an operating manual. Ms. Buckley suggested the ole
manual be reviewed, as the procedures were not taken away; they were relocated to c
more appropriate section.
The Quasi-judicial Proceedings were removed at the recommendation of legal counsel,
however, there was discussion those were the types of issues that would impact the
Board, and the Board members needed to be aware of them Vice Chair Rodriguez
requested a very brief listing of the most important items changed the changes made.
He also requested a list of the top five items that had the greatest impact on staff and
the Board. Ms, Buckley agreed to forward them.
Jim Cherof, Board Attorney, explained the preparation of the Administrative Policy
Manual was a tedious task. He worked with Ms. Buckley on it and praised what she
accomplished. He noted the document contained a summary of changes, which he
reviewed,
The Booking of Appointments section was removed. Attorney Cherof suggested the
CRA staff maintain a master calendar so Board members are able to research how staff
action developed, who was involved in the process, and whom they met with. Many
public organizations maintain a master calendar.
The Document Identification Section was removed. Attorney Cherof suggested the
footer in the Administrative Policy Manual reflect where the document is located
electronically. From a public records review, he recommended footers be used on all
documents, so if a request was made, the document could be tracked.
The Policy and Procedure Agenda was reviewed. The section sets the procedures for
how the agenda is developed. It specifies the Executive Director would meet with each
Board member to discuss any agenda questions prior to the meeting. Attorney Cherof
suggested, "The Executive Director shall meet with each Board member who desires to
meet, to discuss any agenda questions." The language removed the implication the
Board members have a mandatory duty to meet with the Executive Director It was
3
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
suggested language meeting with the Assistant Director or other staff in the event the
Executive Director was out sick be used. Attorney Cherof agreed that would be fine,
Mr. Hay commented it appeared the Board was changing a policy to match a
personality and the members may not be on the Board in the future. Attorney Cherof
explained not all current Board members have the same approach to preparing
themselves for meetings. The Executive Director will be available to meet with each
Board member, but it should not be mandated that it occur because later the policy
could return, indicating the Board approved the policy but refused to meet with the
Executive Director. Changing the language to read, "The Executive Director wHI, may
meet. . . ." was suggested.
The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three
reads "Reoccurring complaints, and those deemed significant by the Executive Director,
will be relayed to the Board of Directors." Attorney Cherof pointed out the term
"deemed significant" was subjective. There is a policy requirement to maintain a
complaint log, and it was suggested staff make the log available to the Board each
month.
Ms. Bright requested a definition of what could be construed as a complaint. It was
noted the Community Redevelopment Agency does not receive complaints often and if
they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at
the right location for the trolley stop. Those calls do not make it into the complaint log.
Vice Chair Rodriguez responded anything that was within the Community
Redevelopment Agency's control or when a resident indicates they do not agree with
something, should be logged. Attorney Cherot clarified that although staff may have to
respond to the complaint, the citizens hold the Board responsible and accountable. He
suggested instead ot the Executive Director having to select what is a complaint; just
turn the sheet over to the Board once a month. After discussion, all complaints would be
logged and turned over to the Board.
Motion
Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's
recommendations. Mr. Hay seconded the motion that passed unanimously.
Ms. Buckley would forward the information within a week.
VIII. Information Only
A. CRA Policing Activity Report tor the Month of January, 2009 and District
Statistics for the Months of December, 2008 and January, 2009
B. Boynton Beach CRA and Trolley Website Updates
4
VII. INFORMATION ONLY:
D. Planning and Development Board Meeting
Agenda-February 24, 2009
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE:
Tuesday, February 24,2009
TIME:
6:30 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. Introduction of the Board.
Agenda Approval.
4.. Approval of Minutes.
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the January 27, 2009 Planning and Development Board meeting
Agenda items.
6. Old Business
None
7. New Business
A. Land Development Regulations - Rewrite
Group 6
Code Review
1. PROJECT:
Land Development Regulations - Rewrite
Group 6 (eDRV 07-004)
AGENT:
City-initiated
Planning and Development Board Meeting
Agenda February 24, 200C
8Qtc
Land Development ReQulations - Rewrite Group 6 (CDRV 07-004) cont'd,
DESCRIPTION:
A portion of Group 6 deliverable, pursuant to the LOR
Rewrite Work Schedule, which includes Chapter 4,
Article IV. Sign Standards,
8. Other
9. Comments by members
10. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. (F,S, 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY
AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY.
PLEASE CONTACT JOYCE COSTELLO, (561) 7 42-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
S:\Planning\SHARED\WP\AGENDAS\P&D 1\2008 Agendas 2-24-09 Agenda Meeting new template.doc
VII. INFORMATION ONLY:
E. Administrative Policy Manual: Five Important
Changes Request
Page 1 of2
Buckley, Ashley
From: Buckley, Ashley
Sent: Friday, February 13, 20093:30 PM
To: Hay, Woodrow; Rodriguez, Jose; Ross, Marlene; Taylor, Jerry; Weiland, Ronald
Cc: Bright, Lisa; Brooks, Vivian; 'Jim Cherof
Subject: Administrative Policy Manual - 5 important changes/updates
Dear Board,
At Tuesday night's CRA. Board meeting, it was requested by Vice :Mayor Rodriguez that I
provide a list of the top 5 most important changes/updates that were made to the
Administrative Policy Manual. Please see the list below:
1. Overall I updated all CRA logos, letterhead, passwords, and staff member
information.
2. Removed procedure for CRA Board Rotation and Appointment. This was the
procedure that was followed when the CRA Board was independent so it had become
obsolete. I originally just updated this section to state that City Commissioners were
the CRA Board but was advised by the CRA Attorney that the entire section could
just be removed.
3. Updated the Agenda Section to include the current agenda format, cover sheet
format and distribution list. I also included the requirement that we post the agenda
to our website 24 hours prior to our meetings. At the time the policy was created we
had a logo, agenda and cover sheet very similar to the City logo, agenda and cover
sheet. Since then we have created an independent CRA logo, agenda, cover sheet and
a CRA website.
4. Revised the Public Records Request Procedure to include updated information
provided to us by the Clerk's office, such as making staff aware of exactly what
information was needed and how a public records request can be made.
5. Updated and established a process for ordering supplies. This update was necessary
to properly track supply spending as well as provide proper documentation needed by
fmance for supply order backup.
I hope that this information is helpful and if any of you have additional questions please feel
free to contact me at any time.
Have a great weekend!
Kind Regards,
Ashley
2/24/2009
VII. INFORMATION ONLY:
F. FY 2009/2010 Appropriation Request
Submittal Report
\" ,I.
,-~.,: j
/"
,
~~~qY~Te~lc
ill East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I Consent Agenda I
Old Business I I
New Business
Public Hearing I X I
Other
SUBJECT: FY 2009/2010 Appropriation Request Submittal Report
SUMMARY:
. At the February 3, 2009 City Commission meeting, the commission voted for the following two
(2) CRA projects to be submitted for FY 2009/2010 Appropriations:
Boynton Harbor Marina Renovation Project
Seacrest and MLK Boulevards Streetscape Project
. Appropriation Request forms for these 2 project have been submitted to the following:
Congressman Ron Klein (February 10, 2009)
Congressman Robert Wexler (February 17,2009)
Congressman A1cee Hastings (February 19,2009)
Senator Bill Nelson (February 24, 2009)
Senator Mel Martinez (February 26, 2009)
FISCAL IMP ACT: Information Only
CRA PLAN, PROGRAM OR PROJECT: Boynton Harbor Marina Renovation and Seacrest
and MLK Boulevards Streetscape Project
RECOMMENDATIONS: Information Only
~f.,t~~~9
Ash ey Buckley
Administrative Services Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY 2008 - 2009 Board MeetingsI3-10-09 Meeting\Appropriations
Request. doc
Meeting Minutes
Regular City Commission
Boynton Beach, FL,
February 3, 2009
Boynton Fishing Academy, Hooked on Fishing Not on Drugs, as a partner in the
continued planning and implementation of the Youth Violence Prevention
Program (YVPP) in the target area in the City of Boynton Beach.
Mayor Taylor inquired If previous issues with the lack of participants had been resolved. Ms.
Robinson advised there was an initial problem attracting kids to the program for various
reasons. However, personnel changes provided heightened interest in the program and it is
now full with more trips being offered.
Motion
Vice Mayor Rodriguez moved to approve Item VI.C.S. Commissioner Hay seconded the motion.
The motion passed unanimously.
Vice Mayor Rodriguez congratulated Ms. Robinson for doing a fabulous job and thanked her for
all her good work.
VII. CODE COMPUANCE & LEGAL SETTLEMENTS:
None
VIU. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City COmmission will conduct these public hearings In its dual capacity as Local
Planning Agency and City Commission.
None
IX. crrv MANAGER'S REPORT:
A. Staff report on legal review for vacating NE 12th Avenue right-of-way (Request
to table to February 17, 2009)
Motion
Commissioner Hay moved to table Item IX.A. to February 17, 2009. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
B. Review and approve FY2010 Federal Appropriations submittals
Carisse Lejeune, Assistant to the City Manager, indicated Senator Martinez and Congressmen
Klein, Wexler and Hastings asked that appropriation requests be sent to them. The funding can
come from an agency or special appropriation. Thirteen projects had been submitted to the
U.S. Congress of Mayors for consideration for funding under the Mainstream Economic
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL.
February 3, 2009
Recovery Stimulus Package. Direction was sought on the priority of the projects to be sent for
funding. There was discussion on the various projects and their current status. Mr. Bressner
recommended the police facility would be the broadest base to provide service to the citizens,
The likelihood of funding for the project would be slim Mixed signals were being received from
the Congressional delegation.
There was consensus to submit the Seacrest and MLK Boulevard Reconstruction and the
Boynton Beach Harbor Marina Redesign.
X. FUTURE AGENDA ITEMS:
A. YVPP Report - Feb. 17, 2009
B. Approve the report on disposition of surplus computers. (Tabled on January 6,
2009) -- Feb. 17, 2009
C. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions) - Feb. 17, 2009
D. Follow-up report on possible relocation of City Offices - Feb.1?, 2009
E. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund (Tabled on August
5, 2008) Note: Recommend removal from Future Agenda. No ful'ther
word from applicant.
Mayor Taylor declared there was consensus to remove Item X.E. from the agenda.
F. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
G. Review and consideration of approval of Auburn Master Development Agreement.
(Proposed Resolution No. R09-018) Tabled on January 20, 2009
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-011 RE: Approving an
abandonment of an unimproved portion of Railroad Avenue
approximately 15 feet wide and 45 feet long, located west of the FEe
12
VII. INFORMATION ONLY:
G. Holiday Parade 2009 Route Update
~'
. ~. ..-.,..
I?,..~,.....b:. .'~
/'-- ... . "
r/ ~,
~~~~Y~T281c RA
ill East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I
Old Business
New Business
Public Hearing I X I
Other
SUBJECT: Holiday Parade 2009 Route Update (Information Only)
SUMMARY:
. 4th Street project will impact line-up for 2009 Holiday Parade
. Project will run April 2009 through April 2010
. Utilities staff will keep us informed on the progress
. Holiday Parade will be Saturday, December 5, 2009
. Parade route could remain the same as long as we use a different line-up area
. Staff will proceed with finding a suitable line-up area and bring to the board for approval
FISCAL IMPACT: N/A (Info. Only)
RECOMMENDATIONS: N/A
~tu~
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetings\3-10-09 Meetingl4th street project and
holiday parade route,doc
Biscuiti. Kathy
From: Blscuiti, Kathy
Sent: Tuesday, February 24, 2009 11 19 AN
To: Bright, Lisa; Bressner, Kurt; Taylor Jerry: Hay. Woodrow; Ross, Marlene; Weiland Ronald Roanguez Jose
Cc: Brooks, Vivian; LaVerriere, Lon; Majors, Wally: Spillane, Heather: Rolle, Brenton
Subject: 4th Street project and Parade changes
Tracking: Recipient
Delivery
Read
Bright, Lisa Delivered: 2/24/2009 11:20 AM Read: 2/24/2009 11:24 AM
Bressner, Kurt Delivered: 2/24/200911:20 AM Read: 2/24/20091:37 PM
Taylor, Jerry Delivered: 2/24/2009 11:20 AM
Hay, Woodrow Delivered: 2/24/2009 11:20 AM Read: 2/25/20098:34 PM
Ross, Marlene Delivered: 2/24/2009 11 :20 AM
Weiland, Ronald Delivered: 2/24/2009 11 :20 AM Read: 2/24/2009 11 :31 AM
Rodriguez, Jose Delivered: 2/24/2009 11:20 AM
Brooks, Vivian Delivered: 2/24/2009 11:20 AM Read: 2/24/2009 11:27 AM
LaVerriere, Lori Delivered: 2/24/2009 11 :20 AM Read: 2/24/2009 11 :52 AM
Majors, Wally Delivered: 2/24/2009 11:20 AM Read: 2/24/20092:15 PM
Spillane, Heather Delivered: 2/24/2009 11:20 AM
Rolle, Brenton Delivered: 2/24/2009 11:20 AM Read: 2/24/20091:28 PM
Hello All,
I knmv it is a long way off; howcver, yesterday I-leather Spillane, Brent Rolle and I had a meeting with Petc Mazzclla fn ,m
lltilitles regarding the 4th Street project and its effect on the 2009 Holiday Parade. It appears that 4th Street will 1)< undCI
construction from Apri120()9 through l\pril 20W. This means that the Holiday Parade route could remain the ":111)(' ,I, I, '11:'
as we use a different line-up area. We wanted to let you know well in advance that we, together, are working' ,n t hOl
options for you and already have some solutions, \X/e will keep \"{llJ informed and will bring the finalized routl' t, 11"\\ ;;rd I. oj
vour appruval as soon as possible.
Thank vou,
Kathv
Kathy A. Biscuiti
eRA Special Events Director
915 S. Federal Hwy I Boynton Beach FL 33435
P. 561-737-3256 I F. 561-737-3258 I M. 561-445-2973
biscuitik@bbfl.us
www.boyntonbeachcra.com
3/2/2009
VII. INFORMATION ONLY:
H. Boynton Beach CRA Trolley Ridership Update
eRA BOARD MEETING OF: March 10,2009
I Consent Agenda I I Old Business
New Business
Legal I X I
Other
SUBJECT: Trolley Ridership Update
SUMMARY: At the July 8, 2008 CRA Board Meeting, a revised trolley route was presented in an effort to
cut down on expenses. This route revision was based on ridership numbers that were analyzed by staff and
Molly's Trolleys and included a decrease in trolley stops and runs on both the North and South routes.
A request was made by Vice Chair Rodriquez to re-visit this subject in the fall once seasonal residents returned.
Therefore, a trolley ridership update was provided at the December 9, 2008 CRA Board Meeting with a notation
that an additional update would be provided in March of 2009 in order to get an accurate read on ridership during
the season.
Below is a Ridership Summary through February of 2009 based upon the attached memo from Molly's Trolleys:
North Route:
. In August of 2008 the hours for this route were reduced by 15% but ridership still increased September
through December of2008 and then leveled off and decreased slightly in January and February of 2009
. Overall North Route ridership increased 39% in 2008 versus 2007
. This trolley runs at half capacity 50% ofthe time and full capacity 20% ofthe time
. Ridership in February of 2009 was down by about 10% from February 2008
. Average cost per rider hovers around $3.50 per person
South Route:
. South Trolley Route hours were reduced by 46% in August of 2008
. Rider numbers fell in August by 48% (40 riders per day)
. Ridership numbers peaked in December 2008 at 1,319 riders per month but have decreased slightly in
January (1,217 riders per month) and February (1,112 riders per month)
. Due to reduction in operational hours, cost per rider decreased from $31.52 per rider in July 2008 to
$20.51 per rider in October 2008 but then decreased to an average of $16.00 per rider in December 2008
to February 2009
FISCAL IMPACT: N/A
CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area
RECOMMENDATIONS: Information Only
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetingsl3-1 0-09 MeetingITrolley Update Agenda
Sheet. doc
Molly's Trolleys PH: 561-838-l}~1
***************************~
TO: Vivian BrooK
FROM: Molly Stahlman, Mollys Trolleys
DATE: March 22000
RE: North Route Rider Numbers Analysis August 2008 - February 2()n~
On Aug 2, 2008- trolley' serVIce on the North Trolley Route was reduced by 150,(; We reduced service b:-
I) eliminating Sundays (our lowest rider day) and 2) trimming weekday serVIce I we un off one loop at the end ot
the day, ending at 6:30pm instead of 7:30pm. ) In spite of the 15% cut in hours- trolle.' ridership in the North
Route has actually INCREASED over the last 3 months by 20%. (However, rider shm leveled off and decreased Ci
bit in Jan- Feb 09)
Bovnton North Rider Numbers Julv 08- Feb 09
Month N umber of
Riders
f- eer DAY
July 2008 345
,-
Aug 2008 I 372
T-" .-
I Sept 08 I 415
,-
f- Oct 2008 462
E N ov 2008 417
Dec 2008 453
+-------
Jan 2009 : 433.5
Feb 2009 -t-----~
, 439
L....__.. .
-, -...--.
Number of i Number of i Monthly ! Riders I Cost
Riders , Riders I Operational I Per Hour I Per
Per WEEK + Per Month ji Hours' t Rider
2,415 1 10,360 ... - 656 t~L5.79 __ --__~~!J
Au 2, 2008- implemented REDUCED HOURS
__ __ 2,23~ . I 9,292 .-J 535 _ T-
2,490 , 10,794 i 563
-.. -t--- -----1.
2,772 ___+__ 12,478__+ 585.5
2,504 ! 10,433 ' 513
--i-- - -----t- . .----
___2,71~_.' IJ,767__ ,563_
2,601 11,273, 557.5
~._~~.- - - ---~.__...._---.---I ----~-
___ 2,634 lQ,54~___j 5J!____
17.37
--~----"---
19.17
..._--~-"~~
21.31
20.3
20.9
20.:::
$3.62 r
__.._._1
$3.28
$3.07
.44
$3.35
----..
$3.47
--.------
$3.44
1
20.3
2
NOTES:
1) Record Breakine: October 08! (** See Below) Notice, although rider numbers fell a little in August (to 9.292
riders for the month) when we first implemented the reduced service, we handled a RECORD 12,478 riders in
Oct 2008. Oct 2008 Rider Numbers (12,478 riders) were 28% more than Oct 2007 Rider Numbers (9,763 riders)
2) Effects of Downturn in Economv? We had our first noticeable decrease in riders on the north route this past month,
Feb 2009. Although overall RIDERSHIP has increased, riders decreased about 9% when comparing the MONTHS (only j
ofFeb 08 versus Feb 09. Of course, some of this is because we reduced from 7 days to 6 days in Aug 08, however I bet the
other half is due to the economy- either reduced work hours, or they are not going to the mall as much to shop,
3) Decreased Cost Per Rider: With reduced hours (costs) and increased Riders, the Cost Per Rider has fallen
the past 3 months from $3.86 (Jul 2008) to between $3.07 (Oct 2008) to $3.44 in Feb 09
Additional statistics:
1) Over all increase in riders of38 % (36,876) from 2007 to 2008. In 2007, we had 95,546 total riders, or 7,962 a month
In 2008, we had 132,422 total riders, or 9,185 a month.
2) Capacity: Currently (Fall 2008), basically the North Route trolleys are running an AVERAGE 66 % capacity
Sometimes- for example at 8am & 10: 15 West Bound & 3:30 or 4: 15 East Bound- we are full or almost full.
(66% capacity represents an avg 20 riders per trip from Marina to Mall. on a 30 passenger trolley).
North Route Recommendation: At times, this trolley runs full. Eventually, you might want to consider adding
another trolley (3rd trolley)- possibly in Oct 2009- so we can offer better service. Adding another trolley would
also increase the pickup times from tri rail. Currently, we meet every other train at tri rail. If we add a trolley
(#3), we could almost meet every train.
** RECORD BREAKING OCTOBER 08 CONTINUED- I actually double checked the sheets/ spreadsheet/numbers to
determine how we could have INCREASED riders in Oct 08 with DECREASED Service (in particular- eliminating
Sundays!). I found that the most dramatic increase was in WEEKDAY service. In July 08. we handled 388 riders per
WEEKDAY. In October 08, we handled 479 riders per WEEKDA Y, an increase of almost 100 riders per day. I reviewed
the data, and found increases during weekdays at the following four neighborhood trolley stops: Stop #3: Boynton Town
Square, Stop#8: 4th &ISth Avenue, Stop #10: 4th & Gateway Stop and Stop #]0: Village Royale on the Green,
Bo.. ton Beach- North Route (BB Mall to Ocea. .venue Via Gateway)
Rider Number Comparison 2007 vs 2008
Prepared By: Mollys Trolleys Jan 2009
LAST YEAR
Jan- Dee 2007
MONTHLY
Riders
January 07 7,349
February 07 6,016
March 07 6,496
April 07 6,527
May 07 8,107
June 07 7,681
July 07 7,241
August 07 8,129
September 07 7,036
October 07 9,743
November 07 9,984
Dec 07 11 ,237
07 TOTAL 95,546
2007 AVGIMONTH 7,962
THIS YEAR
Jan- Dee 2008
MONTHLY
Riders
January 08 11,184
February 08 11 ,550
March 08 11 ,666
April 08 11,544
May 08 10,728
June 08 10,626
July 08 10,360
August 08 9,292
September 08 10,794
October 08 12,478
November 08 10,433
Dec 08 11 ,767
08 TOTAL 132,422
2008 AVG/MONTH 9,185
2008
07-08 Rider 07-08 % MONTHLY Riders
Differencel Difference! OD Hrs oar Hour
3,835 52% 604 18.52
5,534 92% 632 18.28
5,170 80% 632 18.46
5,017 77% 656 17.60
2,621 32% 624 17.19
2,945 38% 632 16.81
3,119 43% 656 15.79
1,163 14% 535 17.37
3,758 53% 563 19.17
2,735 28% 585.5 21.31
449 4% 512.5 20.36
530 5% 563 20.90
15% Ave/Month Incrp.:"sp. '008 to ?007
NOTES: Throuah Julv 2008
Starting in Feb 2008 OPERATIONAL HOURS: Is Hours for the week (120 week + 32 weekend= 152 total)
Op Hours per month change based on the number of weeks in a month
Monday - Friday
Sat - Sunday
7:15a-7:15p
9:30a-5:30p
12.0 hrs per Trolley 2 TrolleyslDay X 5 Days
8.0 hrs per Trolley 2 Trolleys/Day X 2 Days
Weekly Total
120
32
152
NOTES: Startina AUGUST 2008
Starting in AUGUST 2008 OPERATIONAL HOURS: For the week (112.5 week + 17 weekend= 129.5 total)
Op Hours per month change based on the number of weeks in a month
Monday - Friday
Saturday only
7:15a-6:30p
9:20a-5:45p
11.25 hrs per Trolley 2 Trolleys/Day X 5 Days
8,5 hrs per Trolley 2 Trolleys
Weekly Total
112.5
17
129,5
Boynton Beach- North Route (BB Mall to Ocean Avenue Via Gateway)
Rider Number Comparison 2008 vs 2009
Prepared By: Mollys Trolleys March 2 2009
Operating 7 days a week!
LAST YEAR
Jan- Dec 2008
MONTHLY
Riders
January 08 11,184
February 08 11,550
March 08 11 ,666
April 08 11,544
May 08 10,728
June 08 10,626
July 08 10,360
August 08 9,292
September 08 10,794
October 08 12,478
November 08 10,433
Dec 08 11 ,767
08 TOTAL 132,422
2008 AVG/MONTH 11,035
Only operating 6 days a week!
THIS YEAR
Jan- Dec 2009
MONTHLY
Riders
2009
08-09 Rider 08-09 % MONTHLY Riders
Difference! Difference! OpHrs per Hour NOTES
89 1% 558 20.22
-1 ,008 -9% 518 20.35 A
January 09 11,273
February 09 10,542
March 09
April 09
May 09
June 09
July 09
August 09
September 09
October 09
November 09
Dee 09
09SUBTOTAL 21,815
2009 AVGIMONTH 10,908
-1%
Ave/Month IncreaseIDecrease 2008 to 2009
NOTES: Throuoh Julv 2008- we ooerated 7 days a week
Starting in Feb 2008 OPERATIONAL HOURS: Is Hours for the week (120 week + 32 weekend= 152 total)
Op Hours per month change based on the number of weeks in a month
Monday - Friday
Sat - Sunday
7:15a-7:15p
9:30a-5:30p
12,0 hrs per Trolley 2 TrolleyslDay X 5 Days
8.0 hrs per Trolley 2 TrolleyslDay X 2 Days
Weekly Total
120
32
152
NOTES: Startino AUGUST 2008- the North Route onlv ooerates 6 days a week
Starting in AUGUST 2008 OPERATIONAL HOURS: For the week (112.5 week + 17 weekend= 129,5 total)
Op Hours per month change based on the number of weeks in a month
Monday - Friday
Saturday only
7:15a-6:30p
9:20a-5:45p
11,25 hrs per Trolley 2 TrolleyslDay X 5 Days
8,5 hrs per Trolley 2 Trolleys
112,5
17
129,5
Weekly Total
AI Effects of Downturn in Economv? We had our lirst noticeable decrease III riders on the north route thIS pasi month, I ,'j, ,'110'
Although overall RIDERSHIP has increased. riders decreased about 9% when comparing the MONTHS of Feb 08 versus Feb 09
Of course, some of this is because we reduced from 7 days to 6 days in Aug 08 however I bet the other half is due to the economy
either reduced work hours, or they arc not going to the mall as much to shop Notice However, the Tlders per hour still hovers around .'!'
Molly's Trolley.!
(Operator of the Boynton Beach Trolleys)
PH: 561-838-9511
****************************
TO: Vivian Brooks
FROM: Molly Stahlma[;
DATE: March 2, 2009
RE: SOUTH ROUTES (thru Retirement Communities) Rider Numbers Analysis 08-09
The first six months of operation (Feb 1 08- Jul 30 08) , the south route ran as one long route
and handled an average of 1,684 riders per month or 56 riders per day. Running seven days a
week, and long days, the Average Cost Per rider was $27.40.
On Aug 2, 2008- we reduced the South Trolley Route hours by 46%. We eliminated weekend
(Saturday and Sunday) service and trimmed Weekday service to just daytime (basically
9:30am-4pm). We also split the South Route into 2 routes- South East Route and South West
Route, to reduce the actual time riders had to spend riding the trolley. Running only 5 days a
week and only during the 9:30-4pm time frame, the Average Cost Per rider hovers between
$16-$17 per rider.
Boynton SOUTH ROUTE Feb. July 2008
Month # of Riders # of Riders # of Riders Monthly Hrs Riders Cost
Per Day Per Week Per Month Operational Per Hour Per Rider
Feb 2008 61 426 1,767 656 2.69 $24.96
March 2008 63.5 444 1,969 656 2.56 $23.95
April 2008 52 364 1,561 656 2.38 $29.23
Mav 2008 50 347 1,541 656 2.35 $30.60
June 2008 59 413 1,772 656 2.70 $25.75
Julv 2008 48 338 1,496 656 2.28 $31.52
*Feb- July 2008 56 388 1,684 656 2.57 $27.40
* 6 month Average Feb- July 2008, one long route
Aug 2, 2008- implemented REDUCED HOURS & South Route broken in to 2 routes-
South East Route and South West Route
Boynton SOUTH ROUTE AU2ust 2008- Feb 2009
Month # of # of Riders # Riders # of Riders Monthly Riders Cost
Days Per Day Per Week Per Month Op Hrs Per Hour Per Rider
Aug 08** 20 40 200 802 275 2.92 $24.50
Sept 08** 22 40 200 881 303 2.91 $24.53
Oct 08** 23 47.91 240 1,102 316 3.48 $20.51 .. .
Nov 08** 19 61 305 1,164 261 4.46 $16.04
Dee 08** 23 60 300 1,319 316 4.17 $17.13
Jan 09** 21 58 290 1,217 289 4.21 $16.95
Feb 09** 20 56 280 1,112 275 4.04 $17.67
** The two routes (SE & SW) Combined
Continued.. .
Ouick Analysis of SOUTH ROUTE Information.
In Au!!: 2008, when we eiimmated service by 46 %, trolley rider numher~ "<C I lei (h\ 4/'<",
This could be due to the mtroductIon of a nev" route (to a senior COmmUl1Il\ DIU" the S!\':( 1\\'
BIRD effect. (The South Route is composed of MAINLY retiremem ('omnHinllle~ \\heren;.; the
North Route is composed MAINl Y of Working. Commumties. that art' nert \ eaT long, I,
However, by October 2008. the riders per day (47.91) had recovered to ,luh !J~ numbers (48.26
per day). In addition, due to the reduction in operational hours (cost), the COSl per rider
decreased from $31.52 per rider in July 08 to $20.51 per rider in October Ox and then fell
further to $16-$17 area from December 08- Feb 09 (with 60 riders per da\
I questioned trolley drivers about the current south routes (2 routes SE and SW). The Drivers
felt strongly that the routes are efficient, and their loyal riders enjoyed the shorter trip (verSLl5
one long route) very much. Drivers noted that many of the communities- Leisureville, Sterling
Village, Colonial Club and Highpoint- did not return until November to their Florida homes,
South East Route Versus South West Route:
The South East Route travels from Beth. Memorial Hospital to Colonial Club & Sterling
Village via Federal and then to the BB Mall! Target! Walmart via Boynton Town Square and
BB Blvd.
The South West Route travels from Highpoint- to Beth Mem Hosp- and then thru BB
Leisureville and PB Leisureville via 18th Avenue and onto the BB Mall! Target! Walmart.
Generally, the South East Route averages around 40 riders per day, while the South West Route
averages about 20 riders per day.
North Route Versus South Routes:
The South Route (at 12 months old) carries less passengers than the North Route. However.
after 4 years of operation, the North Route is established and mature. If you compared the first 8
months of operation of the North Route with the South Route- and add the retirement
community!snow bird effect- the Routes were similar in startup ridership.
However, the North Route is composed of a WORKING COMMUNITY-that reside in Florida
all year long; where as the South Route targets retirement communities, with many "snow
birds" who leave the area for 4-8 months.
Of the 2 south routes (South East Versus South West), the South East Route is the more
productive route with twice as many riders than the South West Route. If the South West Route
was not meeting ridership goals, then adding a third trolley to the North Route (which runs full
sometimes) would be positively received by the North Route riders.
XI. OLD BUSINESS:
A. Auburn Development, LLC
1. Consideration of Master Development A~reefu.ent
with Auburn Development, LLC ,
T:\AGENDAS, CONSENT AGENDAS, MONTIlL Y REPORTS\Completed Agenda Item Request Forms by~eeting~Y 2008-
2009 Board Meetingsl3-10-09 Meeting\MDA Tab Pages, doc ' ?
eRA BOARD MEETING OF: March 10,2009
I Consent Agenda I X I Old Business
New Business
Legal
Other
SUBJECT: Consideration of Master Development Agreement with Auburn Development, LLC
SUMMARY: After the Heart of Boynton community meeting on February 11,2009, Auburn delivered a
revised Master Development Agreement and site plan (see attached). Staff has reviewed the Development
Agreement (see attached Staff Comments).
The site plan is significantly different from the one submitted as part of Auburn's response to the RFP issued in
2006. Additionally, the public subsidy is significantly larger than indicated in Auburn's RFP response where it
was stated that the TIF request would pay for "public purpose improvements". The development pro forma in the
RFP response also does not reflect any public subsidy but, shows a profit of $30M.
The latest version of the MDA essentially deals with Phase II; the 120 senior tax credit rentals. Tax credits
cannot be applied for until there is a grocery store within 1 mile of the project. At this time, Auburn, the CRA
and the City do not have sufficient land control to build a grocery store. Preliminary discussions with property
owners on the west end of Martin Luther King, Jr. Blvd. reveal there is significant land assemblage that must be
done in order to have sufficient land to site a grocery store (3 acres minimum).
FISCAL IMP ACT: Unknown at this time.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS: Provide staff and Auburn with direction of how to proceed.
/I~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Fonms by MeetinglFY 2008 - 2009 Board Meetings\3-10-09 Meeting\Auburn MDAdoc
February 27, 2009
MDA/Auburn
Staff Comments
1. Section 8 states "development of a neighborhood retail complex including a
grocery store on approximately 2.5 acres, located on the Seacrest frontage
north of Martin Luther King Boulevard..- The site plan submitted with this
version of the MDA shows the retail on the south side of Martin Luther King
Boulevard.
2. If the MDA is correct and Auburn intends on siting the commercial on the
north side of MLK, the difficulty is that there are 5 homesteaded properties in
this area.
3. Section 8 also states that the CRA shall pay for the land (2.5 acres) and that
the CRA may select Auburn as the developer. [1' the CRA is paying for the
land and selecting the developer, Phase I should be removed from the
Agreement and treated as a separate project.
4. Auburn has failed to provide proof that the donation ofthe City/eRA land and
the amount of requested CRA funding is necessary to make the deal
financially feasible. This is the rationale for the third party verification.
5. Since the beginning of the MDA negotiations, Auburns site plan has changed
four times. However, the amount of CRA money and the timing of the
funding of CRA dollars has remained the same.
6. Sections 10 and ] 1 are in the wrong place of the Agreement (should be in
Phase II section)
7. Section ] 2 is inconsistent with Board direction of February lOth where the
Board voted to have Auburn pay for third-party verification of Auburns
financial health and the terms of the MDA prior to entering into an agreement
with Auburn. Additionally, the MDA states that the CRA has 60 days from
the date of the Agreement to obtain a financial analysis of Auburn. However.
the period to terminate is the same 60 days. It should be 120 days to give time
to conduct the analysis and for staff to review and present the findings to the
Board for consideration.
8. Auburn is only willing to contribute $]5,000 of the $70,000 cost of financial
analysis.
9. The MDA only discusses the analysis of Auburn's financial health not the
terms of the MDA.
10. Section 13, Change "income tax basis financial statement" to "audited
financial statements dated no later than 90 days prior to submission to the
CRA",
11. Phase III has been removed as part of the MDA except to say that Auburn
shall have the right to apply to the CRA to develop Phase III.
12. The site plan has changed significantly from the RFP response.
13. The real estate market has changed significantly from the time of the issuance
of the RFP.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this_
day of ,2009, by and between AUBURN DEVELOPMENT, LLC with an address at 777
E. Atlantic A venue, Suite 200, Delray Beach, FL 33483 ("Auburn"), and the CITY OF BOYNTON
BEACH ("City"), a municipal corporation of the State of Florida, with an address at 100 E. Boynton
Beach Boulevard, Boynton Beach, FL 33435 and the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA") with an address at 915 S. Federal Highway, Boynton
Beach, FL 33435.
WITNESSETH:
WHEREAS, in December, 2001, after several meetings with community residents, the City
and the CRA adopted a redevelopment plan entitled the "Heart of Boynton Community
Redevelopment Plan" (" HOB PLAN") for redevelopment of approximately 480 acres of the CRA
District; and
WHEREAS, through a Request for Proposals (flRFpIt), the eRA conducted a competitive
process to select a master developer for redevelopment of a portion of the HOB PLAN. In its
response to the RFP, Auburn, through its written proposal dated August 7, 2006, set forth its
qualifications to act as master developer; and
WHEREAS, the CRA has selected Auburn to serve as the master developer of Phase 2 of
three (3) phases of redevelopment on approximately 26.3 acres (herein as the "PROJECT"). The
PROJECT will be located generally in the Martin Luther King Jr. Boulevard Corridor between
Seacrest Boulevard and Federal Highway; and
FTL:3084046: 1
WHEREAS, the PROJECT's redevelopment properties are currently owncd hy seVlT;:t
different property owners, including the City and the eRA. The eRA owned properties are listed 01]
Exhibit "A". The City owned properties are listed on Exhibit "B", The properties to be acquired hv
Auburn from third parties are listed on Exhibit "C" Auburn owns or has legally enforceable contracts
to acquirc thc propcrties listed on Exhibit "D": and
WHEREAS, to improve upon it and to ref1ect changes to market conditions, the City and the
CRA recognize they may need to amend the HOB PLAN to reflect the PROJECT contemplated by
the City, the eRA and Auburn and hereinafter described 111 this Agreement. The HOB Plan
amendment is subject to a formal plan amcndment proccss whieh will includc neighborhood meetings.
public workshop(s) and public hearing(s): and
WHEREAS, the parties believe that it is in the best interest of each party to initiate the
process to redevelop the properties in accordance with the requircments dcscribcd hercin,
NOW, THEREFORE, tor and in consideration of mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
I.
Recitals. The foregoing recitations are true and correct and are hereby incorporated
herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. All references to
"partics", means the City, the CRA and Auburn collectivcly
')
Authoritv. Each party to this Agreement represents to the other that it has legal
authority to enter into this Agreement.
3.
Effective Date. This Agreement shall become effective upon the date the last party
executes the Agreement.
FTL'3084046: 1
~
4.
Review. The City and the eRA will process, in the manner required by law, all
applications by Auburn for amendments to the City's Land Use Plan and zoning designations in order
to develop Phase 2 in the manner described herein.
5.
Propertv Ownership. The parties acknowledge that because the properties listed on
Exhibit "C" are owned by third parties, the development of Phase 2 by Auburn is contingent upon
acquisition ofthese properties. In the event Auburn is unable to acquire some of these properties, the
parties agree that Phase 2 shall be modified to exclude the unobtainable properties. The modification
may require a change in the boundaries of the proposed development phases from the boundaries
contemplated by the parties at the time this Agreement is signed. The parties agree that Phase 2,
planned for a gated senior rental community, must be built on contiguous parcels.
6.
Duration of Ae:reement. The duration of this Agreement shall be for a twelve ( 12)
year period from the date this Agreement is fully executed by the parties hereto ("Effective Date"),
provided the parties may extend the tenn by mutual written consent.
7.
Phased Development. The PROJECT as contemplated will be developed in three (3)
phases. The phases are generally described as:
Phase 1
A neighborhood retail complex consisting of approximately 2.5 acres, located on the
Seacrest frontage north of Martin Luther King Boulevard.
Phase 2
Up to 120 senior low income rental apartment units (on up to 4 acres of land,
designated for 30 units per acre) and a senior center.
Phase 3
Up to 237 single family (1-2 stories) townhome and condominium units (2-3 stories)
with optional office/retail (2 stories).
A more particular description of the PROJECT and the properties proposed for each phase of
development is set forth in Exhibit "E". The exact schedule for development and what type of
development will occur in each phase arc subject to change based upon the mutual written agreement
FTL:3084046: 1
3
of the parties. In the event Auburn 1<; abk 10 obtain tax credit financing tor Phase 2 pnOi i.
completion of Phase 1, Phase 2 may proceed with eonstmction, Except as specifically set fon!
herein, each phase shall constitute a separate development and neither the eRA nor the City shall
have any obligation to advance funds or convey land for a phase until the previous phase I,
substantially complete. Auburn acknowledges and agrees that all eRA funding and CRA obligations
set forth in this Agreement shall be conditioned upon the eRA's revenue and availability ofadequak
funding. Auburn acknowledges that appropriation of funds by the City and CRA is a legislative
function.
PHASE 1
~.
Phase 1 shall consist of the development ofa neighborhood retail complex including a
grocery store on approximately 2.5 acres, located on the Seacrest frontagc north of Martin Luther
King Boulevard. The eRA shall pay tor the land tor Phase I and shall select the developer for the
retail complex. Auburn is willing to be the developer of the retail complex if the eRA desires it to do
so. The grocery store shall be substantially complete by December 31.20] 2. Auburn may proceed
with Phase 2 without the completion of Phase I so long as it is able to secure tax credit financing tor
Phase 2.
PHASE 2
9.
Phase 2 shall consist of up to 120 senior lovv income rental apartment units (on up to
4 acres of land, designated for 30 units per acre) and a senior center which Auburn shall develop
Aubum shall detennine, in its sole discretion, the exact number of units to be developed and the exact
location of the land to be used for Phase 2, The City's contribution to Phase 2 shall be the land. 11
any, it owns in Phase 2. The eRA'5 contribution to Phase 2 shall be the land it owns in Phase 2, If
FTL:3084046.1
,)
any, and a payment of up to, but not to excecd, an advancemcnt of $1,920,000. which amount may be
reduced pursuant to the terms and conditions contained herein. The payment by the CRA is based
upon the maximum number of units funded by Tax Credits, and in the event less than 120 units are
developed, the advancement shall be reduced proportionately on a unit by unit basis. For example, if
thc development is downsized to 100 units, the cash advance shall bc 100!l20th of $1,920,000, or
$1,600,000. The CRA and the City, as the case may be, agree to enter into a purchase and sale
agreement with Aubum for the CRA and City owned land in Phase 2 for the purpose of
demonstrating site control to the Florida Housing Finance Corporation. The draft purchase and sale
agreement is attached hereto as Exhibit "F".
9.1 Aubum shall acquire, or place under contract, on or before December 31,
2013, all the Phase 2 properties it intends to acquire, in its sole discretion. Within thirty (30) days
after the City and the CRA receive written notice from Aubum that it intends to close within the next
thirty (30) days on its Phase 2 constmction financing and the balance of the properties it intends to
acquire, in its sole discretion, for Phase 2, the CRA and the City, as applicable, shall convey to
Aubum, simultaneously with Aubum closing on its construction financing, the Phase 2 land owned by
the City or the CRA for the nominal price of $1 0, with marketable title in accordance with Florida
Statutes and free and clear of all encumbrances. At the same time, the CRA shall pay Aubum up to a
maximum advancement of $1,920,000 less any monies expended by the CRA or the City for
acquisition ofland within Phase 2 since the Effective Date ofthis Agreement, but not before, and less
any grants, obtained by Auburn or the CRA for Phase 2. Auburn shall provide all other funds for the
acquisition and development of Phase 2, through private sources, loans, grants from other
governmental agencies or mortgage lenders it selects, in its sole discretion.
FTL:3084046: 1
5
9.2 At the same time as Auburn closes on its construction financing for Phas(' .,
the eRA shall also provide a demolition grant in the amount 01'$300,000 for the cost ofdemolishl11L
clearing, grubbing, and removing of all underground utilities and subsurface structures and bringll1Q
the site to level grade. In the event that the actual demolition cost is less than $300,000. then the
balance of these funds shall be used by Auburn f(Jr Phase 2 construction costs.
9.3 The senior center shall be a minimum of 3 ,500 square feet and shall be open to
the public but also serve as a clubhouse and leasing office for the Senior Apartments, There shall he
access from the gated senior apartments to the senior center through a pedestrian access gate.
Auburn shall manage and operate the senior center but shall have the right. in its sole discretion, to
contract with a third party for the center's management and operation.
PHASE 3
9.4 Upon the issuance of certificates of occupancy for more than seventy-five
percent (75%) ofthe Phase 2 senior housing units and for the senior center. Auburn may apply to the
CRA for the right to develop Phase 3. If the eRA selects Auburn, the Phase 3 development
requirements shall be set forth in an amendmenl to this Agreement.
10.
General Contractor. Auburn shall have the right to serve as the general contractor
for Phase 2 and, in the alternative, shall have the right to select, in its sole discretion, the general
contractor for Phase 2.
II.
Permits. The City shall designate a specific Building Department representative to
assist in the processing of building pernlits for Phase 2,
12,
Ri~ht to Terminate A!!reement Within Shiv (60) Davs. The eRA and the eIt:,
shall have ten (J 0) days after the approval of this Agreement by the CRA and the City to execute the
FTL:3084046'1
h
Agreement and sixty (60) days after the approval of the Agreement by the CRA and the City to obtain
and review a [mandaI analysis, prepared by a financial analyst of their choice, of Auburn's viability as
an organization and its ability to obtain and carry the debt necessary to fund Phase 2. Within ten (10)
days after the execution of this Agreement by the CRA and the City, Auburn shall pay the CRA a
non-refundable $15,000 toward the cost of the financial analysis. Unless the CRA provides written
notice to Auburn, within sixty (60) days after the approval of this Agreement by the CRA and the
City, that this Agreement is tenninated, which notice shall make this Agreement null and void, then
this Agreement shall continue in full force and effect.
13. Termination bv eRA. The CRA's obligations to provide any funds or real property
to Auburn for Phase 2 is contingent upon Auburn providing to the CRA, at least forty-five (45) days
prior to the payment of any CRA funds to Auburn, an income tax basis financial statement
representing the financial condition of Auburn prepared by a certified public accountant. The CRA, in
its sole and absolute discretion, shall determine if Auburn has the financial ability to commence and
complete Phase 2. In the event, in the sole and absolute discretion of the eRA, Auburn lacks the
[mancial ability to commence and complete Phase 2, then the CRA may terminate this Agreement by
providing a written notice of termination to Auburn, within 15 days after receipt of the financial
statement. Within forty-five (45) days of receipt ofthe written notice of termination from the CRA,
Auburn shall convey to the CRA, or to the City, all of the land it previously acquired for Phase 2,
with marketable title in accordance with Florida Statutes and free and clear of any encumbrances. At
the time of conveyance, the CRA shall pay Auburn the amount Auburn paid for the land less any CRA
or City contributions for the land and each party shall no longer have any ongoing obligations to the
others.
FTL:3084046: 1
7
U.\ Phase 2 is intended to he a HOLIsm!:, Credit senior community of up to 120
apartment units and a senior center. If Auburn is unable to obtain an award of Housing Credits f()l
the Phase 2 Senior Apmtments from the Florida Housing Finance Corporation, or a successor
agency, by December 3 1,2013, then the eRA shall have the option to tenninate this Agreement by
providing \vritten notice of same to Auburn Within forty-five 14::;) days after receipt of a written
notice of termination from the CRA Auburn shall convey to the eRA or to the City all the land It
previously acquired for Phase 2, with marketable title in accordance with Florida Statutes, and free
and clear of any encumbrances. At the time of the conveyance. the (:RA or City shall pay Auburn the
amount Auburn paid for the land less any eRA or City contributions fi.1r the land and each party shall
no longer have any ongoing obligations to the others
\4.
Termination bv Auburn. If Auburn is unable to obtain Housing Credits for the
Phase 2 Senior Apartments which are acceptable to Auburn, in its sole discretion, by December 31.
2013, Auburn shall have the right to ternlinate this Agreement by providing written notice to the
eRA. In such event, Aubum shall convey to the eRA, or the City, all the land it acquired for Phase
2 within forty-five (45) days of the eRA's receipt of Auburn's written notifIcation of termination. At
the time of the conveyance, the CRA or City shall pay Auburn the amount Auburn paid for the land
less any eRA or City contributions for the land and each party shall no longer have any ongoing
obligations to the others.
15.
Notice. All noticcs pursuant to this Agreement shall be sent by hand delivery ~
U.S. Postal Servicc, return rcceipt requested, or by a nationally recognized delivery service such as
Federal Express or United Parcel Service to the following addresses:
FTL:3084046-1
x
FTL:3084046: 1
CITY: Kurt Bressner. City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach. FL 33435
with a copy to: James A. Cheraf. Esq.. City Attorney
Goren. Cherat: Doody and EzraL P.A.
3099 E. Commercial Blvd.. Suite 200
Fort Lauderdale. FL 33308-4311
CRA: Lisa A. Bright. Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach. FL 33435
with a copy to: James A. Cherof. Esq.. CRA Attornev
Goren. Cherof. Doody and EzroL P.A.
3099 E. Commercial Blvd.. Suite 200
F oft Lauderdale. FL 33308-4311
Auburn: Thomas HiIiners
Auburn Group
777 E. Atlantic Ave.. Suite 200
Delray Beach. FL 33483
with a copy to: Susan P. Motley. Esq.
Ruden McCloskv
200 E. Broward Blvd.. 15th Floor
Ft. Lauderdale. FL 33301
9
AUBURN:
AUBURN DEVELOPMI.]\ i i Il
WITNESSES:
Print name:
By:
Print Name:
Title:
Print name:
day 01
.~oox
STATE OF ______ )
) SS:
COUNTY OF )
] HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument wa~
acknowledged before me by . the of AUBURN
DEVELOPMENT, LLC. freely and voluntarily under authority duly vested in him/her by said
company. He/She is personally known to me or who has produced . as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
,2009.
day nt
Notary Public
Typed. printed or stamped name of Notary Public
My Commission Expires:
FTL:3084046 '1
10
CITY:
WITNESSES:
CITY OF BOYNTON BEACH, a Florida
municipal corporation
By:
Print Name:
, Mayor
Print Name:
day of
,2009
ATTEST:
APPROVED AS TO FORM:
By:
, City Clerk
, City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as City Manager of the City of Boynton Beach, a
Florida municipal corporation, on behalf of the City, freely and voluntarily under authority duly vested
in him by said municipal corporation and that the seal affixed thereto is the true corporate seal of said
municipal corporation. He is personally known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Notary Public, State of Florida
My Commission Expires:
Typed, printed or stamped name of Notary
Public
FTL:3084046: 1
11
CRA
WITNESSES:
(Try OF
COMMUNITY
ACiENC'Y
BOYNTON Bl'l\( !
REDEVELOPMFN'!
By:
Print Name:
Chainnan
day of
_,2009
Print Name:
ATTEST:
APPROVED AS TO FORM:
By:
, City Clerk
" eRA Attomc)
STATE OF FLORIDA )
) ss:
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on this day before me. an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as Administrator of the City of Boynton Beach
COImmmity Redevelopment Agency, on behalf of the CRA, freely and voluntarily under authority
duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of
said CRA. He is personally known to me or has produced ______ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day ul
,2009.
Notary Public. State of Florida
My Commission Expires:
Typed, printed or stamped namc of Notat'\'
Public
FTL:3084046: 1
I,
1-
LIST OF EXHIBITS
Exhibit "A"
Properties owned by the CRA
Exhibit "B"
Properties owned by the City
Exhibit "C"
Properties to be acquired by Auburn from third parties
Exhibit "D"
Properties owned by Auburn or to which it has legally enforceable
contracts
Exhibit "E"
A description of the Project and the properties proposed for each phase of
development
Exhibit "F"
Draft Purchase and Sale Agreement
FTL:3084046: 1
13
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,\UBURN CROUt'
HEART OF BO\N lUN
, ' , .
2. ReYiew of Bpa~ Ditection Regarding Thir~-~rty
V erifi~a1tion of M~~ter I)evelopment Agreeme~~ With
, AtiP~ Development, LLC '
I .. Y REPORTS\Completed Agenda Item Request Forms by M~~tt 2008 -
Pllges,d~; ~. L
~~~<1Y~T2~ eRA
. East Side-West Side-Seaside Rena'lssance
eRA BOARD MEETING OF: March 10, 2009
I I Consent Agenda I X I Old Business
New Business
Legal
Other
SUBJECT: Review of Board Direction Regarding Third Party Financial Verification of Master
Development Agreement with Auburn Development, LLC
SUMMARY:
. December 9, 2008 - CRA Board approves a financial consultant be engaged for the third-party
financial verification.
. December 30, 2008-PMG Associates, Inc. Proposal Received.
. January 13, 2009-CRA Board moves to prepare a final document for review and approval in a
joint meeting with the CRAlCity Commission on January 20,2009. The final document would
be based on all of the discussion including moving forward with the third-party review.
. January 20, 2009-CRA tables this item and a meeting scheduled with Auburn and CRA Board.
Executive Director seeks consensus on the third-party verification process.
. January 20, 2009-At the City Commission meeting, Cito Beguiristain, requests another meeting
be set to replace the one that was tabled earlier.
. February 5, 2009- Treasure Coast Regional Planning Council (TCRPC) Proposal Received.
. February 10, 2009-CRA Board moved to use TCRPC to be paid for by Auburn where any
default in payment would be a default in the contract. Amendment to the motion to include,
Auburn would pay the fee up front and the contract would be with the Board and TCRPC.
. February 11,2009- Auburn sought confirmation that the development was still desired. It was
emphasized Auburn would not bear the $70,000 cost for the third-party financial review until an
agreement had been secured.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetings\3-10-09 MeetinglThird Party
Verification,doc
I,
, '
ll~ ~'1YNT2~ C~A
6 East S;de~est Side-Seaside Ren~issance
. February 26, 2009-Aubum presents new Master Development Agreement (MDA). MDA
stipulates a $15,000 non-refundable deposit would be provided to the eRA within ten (10) days
after the execution of the agreement.
. March 3, 2009-Board Member Rodriguez requests an analysis of TCRPC compared to PMG
Associates.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: HOB Redevelopment Plan
RECOMMENDATIONS: To be determined by the Board
Df~) Jt~
Lisa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetings\3-10-09 MeetinglThICd Party
Verification,doc
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
December 9, 2008
with respect to the financing of the garage element, he would like to see thE
Commission test that process through a bond validation proceeding.
With the reversal of the Strand decision, Ms. Bright inquired whether the Board still
wished to proceed through a bond validation proceeding. It was agreed the proceeding
should go forward and be contingent upon approval of the agreement. Attorney Cherof
explained a bond validation proceeding would not be conducted until such time as
attempts were made to float a bond.
F. CRA Staffing Plan (Tabled to the first meeting in January 2009)
G. CRA Website
Ms. Bright noted the item had been added to the agenda for the November 5, 2008
meeting. Vice Chair Rodriguez observed a link on the CRA website, contending City and
staff resources were being used to sell paintings. Ms. Bright noted Vice Chair Rodriguez
had accused her of gross misconduct. Ms. Bright was directed to respond to the
allegations, and she provided an analysis of her activities relating to the history of the
CRA and Public Art, as well as her relationship with Katie Barr.
Vice Chair Rodriguez indicated he had been perusing the website and observed a link to
"Fine Caribbean Art," which included a photograph of the Director of Marketing's sister
as the painter on the site. He contended the painter was also the best friend of the
Executive Director. He noted the Executive Director previously commented she was not
aware of the links. Vice Chair Rodriguez believed it was a conflict of interest to have
the sister of the Marketing Director and the Executive Director's friend as the only
vendor linked to the CRA website. If there were opportunities for other vendors, he
would have no objection. He requested the Executive Director acknowledge the
potential conflict, correct it and move forward.
Chair Taylor did not believe a conflict existed or that art was sold through the CRA. Art
exhibiting varying cultures in the community was displayed at the CRA offices as well
Commission Chambers and other City facilities as part of an Arts program undertaken
by the City several years ago.
Ms. Bright noted Ordinance No. 06-085 was adopted at the November 21, 2006 City
Commission meeting. The ordinance proVided for voting abstentions by Board
members with conflicts of interest and disclosure of conflicts of interest by Board
members. At the May 20, 2008 Commission Meeting, Vice Chair Rodriguez applied for a
hardship variance for his residence at 947 Isles Road. Staff found no basis for a
hardship and recommended a denial. She contended Vice Mayor Rodriguez did not step
down from the dais at that time and as such, he did not follow the provisions of the
ordinance.
20
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
December 9, 2008
scheduled for some time in January. While he was aware of a meeting with the
Homeowners' Association in the Heart of Boynton area, he did not recall any meetings
with the Inlet Cove Association (INCA). He believed their input was necessary on
development affecting Federal Highway. He inquired whether the east side of Federal
Highway 'had been down zoned. Ms. Brooks verified that it had been down zoned as
part of the Federal Highway Corridor update. Mr. Hay believed it was inequitable to
down zone on one side of the Highway while allowing the other side to exceed eight or
nine stories. As discussions were necessary, he would not advocate moving forward
too quickly. While he previously objected to the third-party review and then rescinded,
he supported Chair Taylor's position that the third-party review was necessary in a
project of this size.
Mr. Weiland objected to the third-party review, as it would require additional time and
cost to the CRA.
Vice Chair Rodriquez believed Mr. Hay had referred to a financial review, not a
contractual review. He inquired as to who conducted the first financial review in July
2006. Ms. Bright responded it was CRA staff and PMG Associates.
Cito Beguiristain indicated the Auburn Group had no objection to providing financials,
and the Master Development Agreement allowed for an annual review of Auburn's
financials. Additionally, the CRA was not required to provide funding until a bank or
other lending institution provided financing. The agreement included provisions for a
third-party review, and he did not believe the CRA should provide Auburn with any
funds without the third-party review.
Attorney Cherof confirmed the rights of review were included in the previous
agreement.
Vice Chair Rodriguez pointed out provisions for a review were already built into the
Master Development Agreement. If there was no risk of providing funding or
expending any dollars until the review had been completed, he questioned the necessity
of a third-party review.
Attorney Cherof pointed out there were risks associated with entering into an
agreement. There was a good deal of "fuzzy" language in the previous draft which
should have been removed. It was often difficult to withdraw from an agreement
without the other party asserting a breach.
Ms. Bright advised a review would take six weeks to complete.
Mr. Beguiristain suggested the Board approve the agreement in its form, subject to a
third-party financial review. Auburn was concerned as, in addition to the six weeks
18
..,
j,/
PM G Associates, Inc.
Coconut Creek. FL
Miami. Fl.
Ikndel'SOll\ille. 1\C
......._.,-'--~._'"-'_."..._,-"---_......"..~.._..._.._.___,____h.__....___.___...___.___,~,..._______'"_",._,...._
h\ 1!1(!mi" \ I,lildillg .md \ lal1,lge1J1t'nl Cnl1,ul!ant-.
December 30, 2008
Vivian L. Brooks, Assistant Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
PMG Associates, Inc. (PMGA) is pleased to submit this price quote to complete professional services on
behalf of the Boynton Beach CRA. This quote represents our fee to complete the Scope of Services as
defined in the attachment.
The fee for this engagement will be a lump sum amount of $14,650, which will include all personnel costs
and direct expenses.
PMGA will also agree to use the current contract with Delray Beach as the basis of this agreement.
If this is acceptable, please let us know how to proceed.
Very truly yours,
PMG Associates, Inc.
K~'R. G01'\.O't
Kathleen R. Gonot
President
417 J We\1 Hilbhon\ Boulevard. Suite X . CtX'oI1UI C1wk Fhlrida ,;~073 . (t))4l-l~7.)(] I () . Fax I t)54) 4:-\O-ilX3(1 . 1\\\I\,pm)!:\,Stl(iall",l'( 111)
Scope of Work
Financial Analysis of Master Development Agreement
and
Developer Financial Viability
], Review and analysis of Auburn financials as of 12/31/08 (or latest available a~
directed by the eRA) prepared by CPA and review of latest audited financial
to determine Auburn's viability as an organization and its ability to obtain and
carry the debt necessary to fund the proposed project.
2. Review the latest project development and operating proformas to determine
the need for public subsidy. Provide an opinion of what the public subsidy
should be, if any, to make the project financially feasible.
3. Review and analyze the business terms of the Master Development
Agreement and advise of any recommended changes.
4, Analyze the Agency's future TIF revenue over the next five year period to
determine the ability to fund the project as outlined in the Master
Development Agreement.
5. Analyze the Agency's bonding and financing capacity based on projected TIF
revenue over the next five years.
6. Determine the TIF revenue to be generated by the proposed project by phases
and year.
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
sponsorship of the special events. As such, he would have no problem voting on the
agreement. He believed the project should move forward, as the contingencies built
into the Agreement protected the City and the CRA. Mr. Weiland concurred.
Mr. Hay's position was to move forward, but with caution and contingencies. He noted
the agreement contained no provision for price caps on property acquisitions. He
wanted to be assured Auburn would meet with the Inlet Cove Association (INCA) and
other neighborhood associations to obtain their input.
Ms. Ross believed there was too much uncertainty. The budgets for the next year or
two would be seriously impacted by the current economic climate, and the CRA did not
have the $23.5 million for the project. She expressed concern for the provision by the
CRA of three or four demolition grants totaling at least $600,000, and payment by the
CRA to the City of up to $1 million for streetscape improvements.
Mr. Weiland noted the third-party review of Auburn's financial records provided a good
degree of comfort, as the CRA would not be required to provide any funds until the
developer's finances were in place.
Ms. Bright indicated the third-party verification was to determine the financial
wherewithal of Auburn and to address the concerns of Mr. Bressner and CRA staff. In
order for the financial analysis to be undertaken expeditiously, the CRA piggybacked on
an existing contract with PMG associates and the City of Delray Beach for the same type
of service. There had been no consensus as to the timeframe for receipt of the
financial analysis, and the item was placed back on the agenda for a determination. If
the Board agreed to go forward with the financial analysis, it was staffs wish that both
Auburn and the CRA's capacity to fund be evaluated. Attorney Cherof noted while the
ability to provide the financial verification was built into the agreement, the timing was
not.
Attorney Cherof suggested a motion be made to direct the preparation of a final version
of the agreement. A date specific could be included for a joint meeting with the City
Commission to vote on the document. This would satisfy the comments to move the
matter forward and would address Chair Taylor's concerns that the matter not be voted
on until he had received an opinion from the Commission on Ethics. Attorney Cherof
would have a draft by tomorrow of the comments made at this meeting, and if staffs
comments were ready, a joint meeting could be held with the City Commission on
January 20, 2009.
Chair Taylor noted he wished to hear the comments from the third-party entity as to
the timeframe.
17
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Phil Gonot, PMG Associates, advised the total analysis should be completed within fOUi
to six weeks. Auburn should anticipate a normal return on investment for this project
A Gap Analysis would identify current conditions, site conditions and how much of (1
subsidy or incentive would be required to ensure a normal rate of return for Auburn
The analysis would also determine the bonding capacity of the CRA and future Tax
Increment Financing (TIF) revenues,
Mr. Berguirstain noted Auburn would have a significant conflict of interest with PMG
Associates. He would have no objection to a State agency providing financial reviews.
Michael Weiner, attorney, discussed the conflict of interest raised by Mr. Berguirstain.
PMG had done nothing incorrect, but had previously formed opinions about Auburn for
other projects in Delray Beach. Neither he nor Mr. Berguirstain believed the Board
would be provided with the best decision on an independent audit if conclusions had
been reached regarding previous projects.
Mr. Gonot advised PMG Associates had been engaged by the Delray Beach CRA to
review a project on which Auburn was the only bidder. PMG Associates raised the issue
for the CRA to review. Certain information had been requested from Auburn, and an
issue evolved regarding previous financial statements. One item in particular, debt
equity ratio, caused concern. Auburn's debt, rather than decreasing, had increased
each year.
Motion
Vice Chair Rodriguez offered a motion to move forward in preparing a final document
for review and approval in a joint meeting with the CRAjCity Commission on January
20, 2009. The final document would be based on all of the discussion tonight including
the issue of moving forward with the third-party review. Mr. Weiland seconded the
motion.
Attorney Cherof noted moving forward with the third-party review would not delay the
matter but could result in an end to the agreement.
Vote
The motion passed unanimously.
G. Approval of Piggy-backing on Agreement between Delray Beach CRA and
PMG Associates to Conduct Project Development, Financial and Real
Estate Market Analysis (This item was pulled and moved forward)
18
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Ms. Brooks noted the Florida Housing Finance firm referred to by Auburn considered
only the capacity of the developer and not the Agency's capacity to bond. Additionally,
the firm did not prepare either a Tax Increment Financing (TIF) analysis or a Gap
Analysis. The Board wished to engage a firm that would test both the CRA and
Auburn's capacity to fund the project. Chair Taylor suggested Ms. Bright provide
options for the selection of a firm on January 20, 2009.
Ms. Bright clarified what she believed was the Board's direction. PMG Associates would
no longer be considered. Staff would expeditiously piggyback on a contract for a firm
that could provide a comprehensive Tax Increment Financing (TIF) analysis, including a
Gap Analysis for Auburn and the CRA's ability to fund the project according to the
timelines, as well as the CRA's bonding capacity. She would advise the Board when
staff came across an appropriate piggyback contract. She noted in the event it was not
poSSible to piggyback, the process could take longer than four to six weeks. The Board
confirmed its direction as set forth by Ms. Bright.
B. CRA Staffing Plan (Tabled December 9, 2008)
Motion
Mr. Hay moved to remove the item from the table. Ms. Ross seconded the motion that
passed unanimously.
Ms. Bright noted the item had been added by Vice Chair Rodriguez at the November 5,
2008 meeting, indicating Ms. Bright misled the Board in using the term "eliminating the
position of Administrative Assistant." Ms. Bright prepared a response for the December
9, 2009 meeting. Vice Chair Rodriguez requested the item be tabled, and the Board
agreed.
No action was required on this item.
XII. New Business:
A. Presentation of Audited Financial Statements for FY 2007-2008
Ms. Harris noted the auditor was present to discuss the firm's audit procedures and
findings.
Richie Tandoc, Partner, Sanson Kline Jacomino & Company, LLP, noted he was in
charge of the CRA's audit engagement for September 30, 2008. He thanked Ms. Harris
and Ms. Bright for their cooperation, as it facilitated a timely completion of the audit.
19
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
IV. Consideration of Master Development Agreement with Auburn Group
Attorney Cherof advised representatives from the Auburn Group were not present.
A review of the documentation that had been provided was given by Attorney Cherof
noting that the documents would have to be viewed in tandem. Chair Taylor indicated
he wanted to have input from the City Manager, Executive Director of the Community
Redevelopment Agency, Board members and any public input. Mr. Weiland suggested
the City Manager be heard first.
Kurt Bressner, City Manager, had six major points with the agreement.
1) Phase IV Density - The agreement sets forth levels of density, building heights
and number of units. The Heart of Boynton Redevelopment Plan will have to be
modified, including land use modifications, with public discussion and input. The
agreement has to be totally subordinate to the legislative discretion of the City
Commission to approve any changes to the Redevelopment Plan.
2.) Phased Development -- There needed to be some type of assurance that any
financial incentives due to the Community Redevelopment Agency, in conjunction with
Phase II before the completion of Phase I, could be accommodated by the Community
Redevelopment Agency budget out of sequence. Any change in the development
sequence must give the Community Redevelopment Agency some flexibility for
payments.
3.) Community Redevelopment Agency and City Land -- Parcels on the south side of
Martin Luther King Boulevard, adjacent to the market area, were conveyed to the City
by the County with deed restrictions. There is a reverter clause that the parcels must
be replaced as open space or payment made to the County. In order to provide
marketable titles to the parcels, the property would have to be swapped or otherwise
accommodated with the County and not readily available to Auburn on a conveyance.
Mr. Rodriguez confirmed there was another provision in the agreement that allowed for
the boundaries to be changed If the parcels were not available. Mr. Bressner cautioned
the parcels in question were located in the middle of Phase I.
4.) Change in Business Terms -- The trigger to reduce the Community
Redevelopment Agency contribution would be a reduction in units.
5.) Senior Center - The developer's previous commitment to maintain and operate a
senior center in the Heart of Boynton for 50 years had been struck from the proposed
agreement and should be clarified.
2
Meeting Minutes
Community Redevelopment Agency Boare
Boynton Beach, FL
January 20, 200S
6.) Timeline for Community Redevelopment Agency financial review - Only 15 days
had been allotted for the Community Redevelopment Agency to submit their review of
the financial report and add any comments. It would not be sufficient time for public
meetings and review. Mr. Bressner also questioned if the same accounting firm would
be used for both the Auburn review and financial ability of the Community
Redevelopment Agency to meet its obligations. He felt the ultimate determination
should be a policy decision of the Board.
Vice Chair Rodriguez questioned the intent of the 30 day period, whether to complete
the review or contract for the review. Attorney Cherof agreed the language was open
for interpretation, but he felt "obtain" meant to have the completed report.
Mr. Weiland questioned the ability of the Board to move forward without Auburn
representatives present. There were many changes required, but without Auburn
present, progress could not be made. Attorney Cherof agreed it was a complex contract
with many diverse points and views. He suggested a special meeting be set with
negotiation of the terms and redrafting of the agreement, ending in a complete and
final contract.
Mr. Hay expressed concern with the constant changes and was not in favor of any
agreement until all the questions were answered. Vice Chair Rodriguez and Mr.
Weiland concurred that the understanding was the agreement was to be finalized and
not more changes. Mr. Hay would not agree to anything until a third party financial
analysis was reviewed. Chair Taylor agreed and noted Auburn had reserved the right to
make further changes also.
Ms. Ross indicated she was looking for some third party verification before any
agreement could be made. She could not support the current document or the four
phases. The residents, including those in surrounding areas, have valid questions and
complaints regarding the proposed development plan. Their feedback needed to be
considered. Mr. Hay wanted the developer to meet with the various neighborhood
associations and residents and requested to be present at those meetings.
Ms. Ross was concerned about the encumbering of $23.5 million of the Community
Redevelopment Agency funds and its impact on the future of the Agency. Mr. Weiland
pointed out the sum is dispersed over 12 years based on the progress of the project.
Vice Chair Rodriguez stressed the future of the Community Redevelopment Agency was
irrelevant in the project. The Agency was developed to eliminate blight and slum and
the monies should accomplish that goal. Chair Taylor disagreed and contended the
$23.5 million encumbrances would disable the Community Redevelopment Agency to
work on other projects. Mr. Weiland commended the Community Redevelopment
Agency for the many projects that had been accomplished. The Heart of Boynton
3
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
project had been discussed for many years and a commitment to move forward had to
be made. Chair Taylor added the project may not happen with this developer. Mr. Hay
commented the project could not be undertaken blindly.
Chair Taylor suggested a motion be made to table the issue and a meeting scheduled
with Auburn and Community Redevelopment Agency Board.
Motion
Mr. Hay, so moved. Vice Chair Rodriguez seconded the motion.
Ms. Bright requested direction on the third party verification. There was consensus of
three board members; however, the timing was unclear. She had been searching for
an avenue to piggyback an existing contract for the verification and analysis. In the
alternative an RFP would be necessary.
Chair Taylor confirmed that there was total consensus that the agreement with Auburn
would not be finalized until the third party analysis was received and reviewed.
Ms. Bright also requested clarification or a motion regarding the expectation of holding
more public meetings. Mr. Hay explained his intent was, before the document is
signed, input from the community was needed. Mr. Weiland commented if a piggyback
could not be found, the process would take four to six months. Ms. Bright indicated if
an amendment to the Heart of Boynton Plan and Federal Highway Corridor Plan would
be sought, the City and Community Redevelopment Agency would be required to
participate in any public meetings to be in compliance with State statutes.
Chair Taylor declared there was consensus to coordinate any meetings with all parties.
Vice Chair Rodriguez understood there was a timeline for funding that could be missed.
Ms. Bright advised a grocery store had to be built by the spring of 2010 to meet the
basic requirements of the Florida Housing Finance Tax Credit Program. If built, it would
allow Auburn to compete in the next cycle for funding in 2010.
Vote
The motion passed unanimously to table.
V. Consideration of Subordination Agreement with 3675 Acquisition, LLC
Attorney Cherof explained the subordination agreement with 3675 Acquisition, LLC
involved the right of first refusal to purchase the property that used to be the former
adult entertainment establishment. In conjunction with an attempt to sell the property,
4
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February 5, 2009
Lisa Bright, Executive Director
Boynton Beach Community Redevelopment Agency
639 E. Ocean A venue Suite 103
Boynton Beach, FL 33435
Subject:
Proposal for Planning, Evaluation, and Analysis Assistance for
"Heart of Boynton" Redevelopment Project
Dear Ms. Bright:
Thank you for considering the Treasure Coast Regional Planning Council (TCRPC) to provide the
Boynton Beach Community Redevelopment Agency (CRA) with planning, evaluation, and analysis
services regarding the "Heart of Boynton" redevelopment project. We. are submitting this proposed
agreement which includes a draft scope of services iilidproposed fee to perform such services.
If you have any questions or wish to further refine our suggested scope of services, please contact us at
your earliest convenience. HOw'rver, if this agreement meets with the CRA's approval, we ask that you
sign it in the space proviMdand retun1 a signed copy to our office for execution.
I. Scope of Work
Planning & EconomIc Analysis and Assistance for Heart of Boynton Redevelopment Project - $70,000
Per our unlierstanding of the project, the CRA selected Auburn Group, LLC (the "proposer") to serve as
master developer in response tq an RFP issued by the agency in 2006. It is our understanding that the
CRA wishes to utilize the TCRPC to assist with a comprehensive planning and economic analysis and
evaluation of theRe.velopmen~ f.-greement under consideration, including a review of the recent and
current financial cortdition of toe proposer, the CRA, and proposed terms of the Development Agreement
for the project. .
Accordingly, TCRPC intends to retain Economic Research Associates (ERA), an economic and real
estate consulting firm with extensive knowledge of the South Florida market generally and Boynton
Beach in particular, as a sub-consultant to complete the tasks identified above.
The specific tasks to be undertaken are delineated as follows:
"Br ng ng Communities Together" Est.1976
421 SW Camden Avenue - Stuart, Florida 34994
Phone (772) 221.4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin/ii!tcrDc.ora
Ms. Bright, Boynton Beach eRA
February 5,2009
Page 2
A. DeveloDer Financial Review
. Review and provide opinion of audited financial statements for the last three fiscal years
(2006,2007, and 2008), or as available, to evaluate the overall financial health of the
developer (all documents to be provided by CRA).
· Develop review protocol with CRA staff.
. Conduct assessment of other select similar projects by Auburn Group in region over past five
years.
. Conduct due diligence review to identify other pending issues or proposals with other public
entities, including identification of legal or tax liabilities.
B. Proiect Financial Feasibilitv Analvsis
. Analyze proposed development program, quantities and mix of uses, phasing, and absorption
(all documents to be provided by CRA).
. Prepare financial feasibility analysis of current development proposal for Heart of Boynton.
including developer costs and revenues, requested public subsidies, other public and private
funding, and project costs and yields.
. Determine anticipated annual tax increment financing (TIF) revenues to be generated over
time (buildout timeframe per Development Agreement) by current development proposal.
. Analyze public subsidies requested by the developer for current development program and
compare to anticipated CRA TIF revenues over time.
Test up to three alternate public subsidy scenarios for proposed development program.
C. eRA Financial Review
. Review and provide opinion of audited financial statements for the last three fiscal years
(2006,2007, and 2008) to evaluate overall financial viability of eRA (all documents to be
provided by CRA).
. Analyze current financial commitments, including TIF obligations, ofCRA.
Develop comparative overview of financial commitments and condition of three other
representative CRAs in region (CRA list to be created with CRA staff).
. Review an~ provide opinion as to CRA's financial ability to provide subsidies to "Heart of
Boynton" project as proposed in Development Agreement.
D. Findinfls & Recommendations ReDort
. Prepare summary report detailing findings related to Developer Financial Review, Project
Financial Feasibility Analysis, and CRA Financial Review.
Provide summary overview of other select representative projects with development programs
similar to "Heart of Boynton" in other CRAs in region.
. Provide summary overview of financial condition and commitments of other representative
CRAs in region.
Provide recommendations regarding requested project subsidies, including discussion of
alternative public subsidy arrangements and best practices.
TCRPC anticipates copies of all necessary documents, including project proposals, Development
Agreement(s), staff reports, agency and developer audited financial statements, and other necessary data,
mapping, and relevant records will be provided by the Boynton Beach CRA and/or City of Boynton
Beach.
II. Schedule
TCRPC understands that the CRA anticipates completion of this work effort within eight (8) weeks from
execution of this agreement. A specific timeframe will be developed with the Boynton Beach eRA staff
at the project initiation meeting.
Ms. Bright, Boynton Beach eRA
February 5, 2009
Page 3
III. Type and Format of Deliverables
TCRPC will provide the Boynton Beach CRA the following items as deliverables under this agreement:
. Three (3) color copies and one (1) electronic copy of the Draft Report
. Three (3) color copies and one (1) electronic copy of the Final Report
TCRPC will also format the data from the Draft and Final Reports into slides appropriate for inclusion in
a PowerPoint presentation. Other electronic formats will be determined in collaboration with CRA staff.
IV. Fees and Reimbursable Expenses
TCRPC will perform the professional services described in this proposal for a fixed fee in the amount of
$70,000. This includes travel, out-of-pocket expenses (printing and reproduction costs) film processing,
mail, couriers, sub-consultant costs, and other costs related to the professional services to be provided.
Fees shall be submitted as follows:
$35,000 or 50% upon execution of this agreement
$17,500 or 25% upon submittal of draft report
$17,500 or 25% upon submittal of final report
APPROVED AND ACCEPTED on this ... day of............. ....... , 2009
By:
Lisa Bright
As Executive Director, Boynton Beach CRA
By:
Michael J. Busha, AICP
As Executive Director, TCRPC
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Vice Chair Rodriguez felt the marketing was not successful if only one home outside the
Heart of Boynton was served. He inquired of the possibility to target homes that could
use help and if there could be a workshop held to generate activity in those areas.
Mr. Simon responded he could drive through the area and consider a more targeted
campaign, but if he accepted all of the applicants that wanted to apply, they would have
to reject a tremendous amount.
Mr. Hay suggested improving the Community Redevelopment Agency district and then
addressing the southern portion. Mr. Weiland explained there was a large blighted area
south of Ocean Avenue and the program should not be targeted to just the Heart of
Boynton area.
Mr. Simon clarified the program was not targeted to the Heart of Boynton; however, the
residents there met the guidelines. Ms. Ross inquired if the Heart of Boynton residents
tended to respond. Mr. Simon responded they did; however, they received calls from
ifldividuals, both in and out of the district, and were inundated with applications. In the
future, Mr. Simon indicated they could market the program on foot or use door hangers.
Vice Chair Rodriguez requested receiving door hangers when they were available.
Mr. Simon explained if they have applications that exceed the funding level established
for this fiscal year, they could add new applicants to the waiting list. They would also
encourage and educate residents about other programs that may be available in an
effort to assist them.
Vice Chair Rodriguez left the dais at 7:36 p.m.
Vice Chair Rodriguez returned to the dais at 7:37 p.m.
G. Consideration of Second Amendment to 4th Street Project
Ms. Harris pointed out there was a revised agenda item distributed containing the
minutes, the Interlocal Agreement and First Amendment. The minutes reflected there
was a grant payable to the Community Redevelopment Agency for the 4th Street
project, to reduce the outstanding amount owed to the City. The City Manager agreed
the City would pay for the improvements and the Community Redevelopment Agency
would reimburse the City in 2010/2011. The First Amendment; however, did not contain
the discussed language in the document. The language in the Second Amendment did.
A motion was needed to approve the Second Amendment.
Motion
Mr. Hay moved to approve. Mr. Weiland seconded the motion that unanimously
passed.
H. Consideration of MLK Third Party Financial Verification
10
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Chair Taylor explained the Board was being asked to select the third party financla
verification group. PMG Associates charged $14,350 and the Treasure Coast Regiona
Planning Council was asking for $70,000 for the same contract. Chair Taylor explainec
the Community Redevelopment Agency needed the verification and he wanted to seE:
what came back from both the developer's point and the agency's point. Auburn had ar
issue with PMG Associates, but Chair Taylor was not in favor of spending $70,000 as
opposed to the $14,000
Vice Chair Rodriguez inquired if the developer could pay for their portion of the
financials if the contract went to the Treasure Coast Regional Planning Council. Ms
Brooks explained a recommendation that the developer's fees be deducted from the
funds paid to them was made; however, if the verification was returned and not
acceptable, then the agency would have to recover the fee. Vice Chair Rodriguez was
not in favor of PMG Associates. Mr. Hay and Ms. Ross both expressed the developer
should pay for the verification, and if they did not want to pay for it. then they would use
PMG Associates. Chair Taylor inquired if Mr. Hay was referring to the developer paying
half the cost. Vice Chair Rodriguez had been suggesting the Community
Redevelopment Agency use PMG Associates for $7,000 and use Treasure Coast for
the developer at their expense. He thought it was a cleaner review and if the developer
did not pay for it, the project would not move forward
Yusef Gray, Auburn Development, advised Auburn would support whatever decision
the Board made. He explained they were willing to support a financial review, but could
not speak as far as paying for the entire review
Ms. Brooks recommended using one firm as the work performed was on behalf of a
developer asking for a significant sum of money. The review was an integrated review
and having too many parties could result in a disconnect.
Herb Suss, 1711 Wood Fern Drive, indicated using one company was sufficient. He
did not want one nickel of City or Community Redevelopment Agency funds spent on
the verification and he suggested a neutral firm be used.
Chair Taylor supported PMG Associates performing the verification and having the
funds deducted. Vice Chair Rodriguez disagreed and thought the conflict with PMG
Associates should be avoided. He was; however, in favor of billing the developer back
for the expense. He explained he was trying to avert litigation, and the project may not
proceed.
Ms. Ross preferred to have Auburn pay the expense up front.
Motion
Vice Chair Rodriguez motioned to move forward with Treasure Coast and bill back, or
hold Auburn accountable for all expenses in that audit review.
11
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Chair Taylor indicated the motion did not require Auburn to pay the expenses up front.
Motion
Vice Chair Rodriguez made a motion to move forward with the review using Treasure
Coast Regional Planning Council and any expenditures, whether it is up front or at
some point in the process, be accountable to Auburn at any point within the audit
process, and if they default in paying it, it was terms for default of the contract.
Mr. Hay suggested adding they would stop all negotiations until they received positive
results from the audit. Vice Chair Rodriguez inquired if information from the meeting
would be applied to the contract.
Mr. Hay clarified the information received at the public meeting could be applied
towards the Master Developer's Agreement and held until they received the financials.
Mr. Hay seconded the motion.
Chair Taylor clarified the motion as Auburn would use the Treasure Coast Regional
Planning Council, at $70,000, and they needed to pay it up front before they moved
forward with anything else. Vice Chair Rodriguez clarified it would be paid when
Treasure Coast wanted it.
Ms. Bright explained in order for staff to administer the verification contract they needed
to know which contract would be used. She inquired if it would be the last Master
Developer's Agreement based on a date, or the agreement discussed on January 20th
at the City Commission meeting? Statements had been made at that meeting about
changes to be made.
Chair Taylor responded they were starting all over because part of the project was
eliminated. A meeting on the project to receive public input was scheduled for the next
day. Ms. Bright noted a new agreement would change the TIF calculations they would
be asking the third party to verify. A decision was made that after the meeting they
would come back and would know what would be evaluated. The cost may change.
Vice Chair Rodriguez noted they could agree on the financial vendor at this meeting and
set it aside.
Mr. Gray explained Mr. Hinners would be more than happy to get past something as
simple as a money issue and move forward with the project.
Ms. Bright responded Auburn Development reduced the project significantly and would
be unveiled at the public meeting. Vice Chair Rodriguez explained it did not preclude
them from having a financial vendor set aside, and all else would fall into play.
Lee Wische, 1302 SW 18th Street, believed Auburn should pay the $70,000. He
explained the Community Redevelopment Agency was in charge of the project.
12
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Mr. Hay inquired where the pnncipals of the firm were as they usually attended tne
meetings. Mr. Gray responded there was a scheduling conflict, and they would be
prepared to answer any questions at the public meeting.
Chair Taylor repeated the motion which was to approve the Treasure Coast as the third
party financial verifier and ask Auburn to pay for it up front on Treasure Coast's terms
Ms. Brooks explained Treasure Coast would not do the verification for Auburn since
Auburn was a private company. Treasure Coast Regional Planning Council would do It
for the Community Redevelopment Agency because they were a governmental agency
Additionally, Treasure Coast would not be obligated to report their findings to the
Community Redevelopment Agency.
Vice Chair Rodriguez amended his motion to include, Auburn would pay the fee up front
and the contract would be with the Board and Treasure Coast Regional Planning
Council.
Vote
The motion passed 3-2 (Ms. Ross and Chair Taylor dissenting)
XII. New Business:
A. Consideration of Rescission of Contract with Native Technologies
Chair Taylor explained this firm was maintaining the Mangroves at Jaycee Park.
Ms. Brooks advised the Recreation and Parks Department has continuously complained
about the firm's maintenance of the mangrove mitigation area. There was debris in the
washout for a month and they did not clean it, even after being requested to do so.
The Community Redevelopment Agency was dissatisfied with the service and the
contract allowed them to terminate the contract without cause. Ms. Brooks advised they
needed to maintain the mangroves for two more years. The affected area was the
natural area created at Jaycee Park.
Ms. Brooks explained rescinding contracts did not occur often, but if the area was not
maintained, they would be in violation of their permit
Motion
Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed
unanimously.
13
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
SPECIAL WORKSHOP MEETING HELD ON TUESDAY, FEBRUARY 11,2009,
AT 6:00 P.M. AT THE CAROLYN SIMS CENTER,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Woodrow Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
James Cherof, Board Attorney
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 5:59 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll, and a quorum was present.
(Vice Chair Rodriguez arrived at 6:02 p.m.)
(Ms. Ross arrived at 6:02 p.m.)
IV. Presentation: M LK Corridor Project and Master Development
Agreement by the Auburn Group
Cito Berguirstain, Auburn Group, provided background on Auburn's development
experience and discussed the genesis of the project through the current date. It was
Auburn's mission to develop affordable housing and revitalize neighborhoods in the
Heart of Boynton. The proposed three-phased development consisted of a grocery
store and retail complex, satellite senior center, rental units for seniors and single-
family housing. The revised plan eliminated the eight-story buildings along Federal
Highway and provided for two and three-story buildings. A more holistic approach
would be taken regarding the development.
(Mr. Weiland left the meeting at 6:17 p.m.)
1
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Mr. Berguirstain noted Auburn sought confirmation that the development was still
desired. He emphasized Auburn would not bear the $70,000 cost for the third-party
financial review until an agreement had been secured,
(Vice Chair Rodriguez left the meeting at 6:43 p.rn.)
Mr. Berguirstain reviewed the CRA's protections under the agreement, stressing the
CRA had the power to review Auburn's financials at any time. He also reiterated the
need to resolve the grocery/retail complex issues in order for Auburn to obtain the tax
credits for the senior rental community.
V. Public Comments
Questions were submitted on cards and are set forth below, together with responses.
. Would Auburn, the City or the eRA request the use of eminent domain during
the process? Mr. Berguirstain responded he would not hesitate to utilize the
eminent domain process to transform hot spots into green areas and to prevent
crime. Chair Taylor noted the CRA did not have the power to use eminent
domain, and the City could do so for a public purpose only.
. What is your plan to accumulate all the "missing pieces" relating to 75 property
owners along the MLK corridor? Mr. Berguirstain responded Auburn had been
able to secure contracts for a number of properties, even though this was
difficult without a Master Development Agreement.
. How long do you anticipate it would take to get all the properties under control
and how would this delay the project if you were unable to do so? Mr"
Berguirstain was unable to respond, as not all of the properties had been under
contract.
. Could the Wellness Center be combined with the Senior Center? Mr. Berguirstain
responded several types of services could be combined in a facility. He was not
familiar with the Wellness Center.
. Would any part of the redevelopment project exceed existing heights and/or
density? If so, what part and by how much? Mr. Berguirstain responded
affirmatively, noting 30 units per acre had been designated for the Senior
Center. City staff indicated this was feasible. He reiterated construction of the
eight-story structures had been eliminated.
2
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11,2009
component should provide sustainability and appeal to those outside the
neighborhood as well.
. Other projects should be fostered and facilitated by the CRA to generate greater
Tax Increment Financing (TIF) revenues. An independent financial review
should be obtained to determine the Tax Increment Financing (TIF) revenue
needed for the project. The project should be funded in the normal manner,
provided the financials were viable.
. The project should be integrated into the community, and no one should be
displaced. Long-term commitments for employment should be sought and
dollars set aside for training. The grocery store should be large enough to
accommodate fresh meats and vegetables. If the store was too small, it could
become a vehicle for drug dealing. It was not the developer's responsibility to
reduce crime. The City's citizens merited affordable, quality housing east of 1-95.
The Senior Center was a valuable component of the project.
A person in the audience requested that Ms. Ross, Mr. Hay and Chair Taylor comment
on Mr. Berguirstain's presentation. Ms. Ross appreciated his presentation and agreed
with earlier comments that it was not the developer's responsibility to reduce crime or
deal with social issues. These issues would fall under the domain of law enforcement
and social workers and would require significant financial commitments. Ms. Ross
believed Auburn should focus on its financial responsibility to the CRA and the Board.
Mr. Hay opined the meeting was intended to gather information, and issues addressed
should be evidenced in writing. Chair Taylor agreed with Mr. Hay. He noted promises
were offered and major changes had been made regarding Phase 4. It would be
necessary to review the proposals in writing and ensure the financial viability of the
parties.
Chair Taylor noted Auburn's agreement at the February 10, 2009 CRA Board meeting to
pay for the third-party financial review upfront. Mr. Berguirstain inquired whether
Auburn's refusal to do so would be a deal breaker. Chair Taylor advised the issue
would have to be brought before a full Board. Mr. Hay noted he resided in the Heart of
Boynton and favored the redevelopment. However, he could not support the project
without a written agreement in place. Chair Taylor noted the input received at this
meeting would be incorporated in the agreement for review at the next CRA meeting, if
it were provided in a timely manner. Attorney Cherof noted he would begin working on
the final draft as soon as it was in his possession.
Ms. Bright clarified several issues. The project would not be funded by the City. City
staff would assist with land use and zoning changes. Additionally, the CRA had no site
plan control for use of the City Hall site. She dispelled the perception that the CRA had
5
Agreement and sixty (60) days after the approval ofthe Agreement by the CRA and the City to obtain
and review a financial analysis, prepared by a fmancial analyst of their choice, of Auburn's viability as
an organization and its ability to obtain and carry the debt necessary to fund Phase 2. Within ten (10)
days after the execution of this Agreement by the CRA and the City, Auburn shall pay the CRA a
non-renmdable $15,000 toward the cost of the financial analysis. Unless the CRA provides written
notice to Aubum, within sixty (60) days after the approval of this Agreement by the CRA and the
City, that this Agreement is terminated, which notice shall make this Agreement null and void, then
this Agreement shall continue in full force and effect.
13. Termination bv eRA. The CRA's obligations to provide any funds or real property
to Auburn for Phase 2 is contingent upon Auburn providing to the CRA, at least forty-five (45) days
prior to the payment of any CRA funds to Auburn, an income tax basis financial statement
representing the financial condition of Auburn prepared by a certified public accountant. The CRA, in
its sole and absolute discretion, shall determine if Auburn has the fmancial ability to commence and
complete Phase 2. In the event, in the sole and absolute discretion of the CRA, Aubum lacks the
fmancial ability to commence and complete Phase 2, then the CRA may terminate this Agreement by
providing a written notice of termination to Auburn, within 15 days after receipt of the financial
statement. Within forty-five (45) days of receipt of the written notice of termination from the CRA,
Aubum shall convey to the CRA, or to the City, all of the land it previously acquired for Phase 2,
with marketable title in accordance with Florida Stahltes and free and clear of any encumbrances. At
the time of conveyance, the CRA shall pay Aubum the amount Auburn paid for the land less any CRA
or City contributions for the land and each party shall no longer have any ongoing obligations to the
others.
FTL:3084046:1
7
Page 1 of 1
Bright, Lisa
From: jreguez@aol.com
Int: Tuesday, March 03,200910:31 AM
To: Bright, Lisa
Cc: Cherof, James
Subject: Agenda item request.
Please add the financial review for Auburn as an agenda item, it not already there.
I would like to request an apples to apples comparison of the treasure coast proposal versus the kmg. these are
functions performed by each review and compare it to the same function of the other. I would like an opportunity to
review the framework to ensure that it fits the concept of what im looking for..
Best,
Jose
-----Original Message-----
From: Rodriguez, Jose <RodriguezJ@bbfl.us>
To: jreguez@ao1.com
Sent: Tue, 3 Mar 2009 10:04 am
Subject: FW: February 10,2009 eRA Meeting Minutes
ached Message
From: Cherry-Guberman, Catherine <CherryC@bbfl.us>
To: Atwood, Barry <AtwoodB@bbfl.us>; Bright, Lisa <BrightL@bbfl.us>; Buckley, Ashley <BuckleyA@bbfl.us>; Chamber of Commerce
<enid@boyntonbeach.org>; Copley, Judith <CopleyJ@bbfl.us>; Greene, Quintus <GreeneQ@bbfl.us>; Jenkins, Bobby
<JenkinsB@cLboynton-beach.f1.us>; Rodriguez, Jose <RodriguezJ@bbfl.us>; Sherrod, Octavia <SherrodO@bbfl.us>; Tucker, Patricia
<TuckerP@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Wiser, Alina <WiserA@cLboynton-beach.f1.us>
Subject: February 10, 2009 CRA Meeting Minutes
Date: Tue, 3 Mar 2009 10:04:44 -0500
For your review. . .
Best,
Catherine Cherry
Recording Secretary
A Good Credit Score is 700 or Above. SQQYQUJ$ in jU$t4Q~$Y$tQPs!
03/03/2009
XI. OLD BUSINESS:
B. Mangrove Maintenance RFP
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I X I Old Business
New Business
Legal
Other
SUBJECT:
Mangrove Maintenance RFP
(1) Review of Responses and Ranking
(2) Selection of Contractor
(3) Approval of Contract between the CRA and Environmental Design South
SUMMARY: At the February 2009 CRA Board meeting, the Board voted to rescind the CRA's
contract with Native Technologies for maintenance of the mangroves areas at the Promenade and Jaycee
Park and to issue an RFP to select a new contractor.
Seven proposals were received. Three staff people made up the review team; Jody Rivers of Recreation
and Parks, Kevin Hallahan, Urban Forester and Vivian Brooks, CRA Assistant Director. Two firms tied
at 91 points out of a possible 100 points; Environmental Design South and Environmental Services, Inc.
Environmental Services, Inc. price for the two year contract period is $17,400. Environmental Design
South's price is $6,600.
FISCAL IMPACT: $6,600 total or $3,300 per fiscal year for a total of two years
CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan
RECOMMENDATIONS: Based on the fact that both firms are highly qualified to do the work,
staff recommends selecting Environmental Design South to enter into a two-year contract to maintain the
mangrove mitigation area at Jaycee Park and the Promenade.
/~-
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meellngs\3-10-09 MeetingIMangrove Maintenance
RFP.doc
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
MANGROVE MITIGATION AREA MAINTENANCE
~uest for Proposal (RFP)
The Boynton Beach Community Redevelopment Agency (CRA) is soliciting
proposals for the maintenance of mangrove mitigation areas located at Jaycee
Park and the Boynton Beach Promenade in the City of Boynton Beach.
Project Description:
The Boynton Beach Community Redevelopment Agency, hereinafter known as
the "CRA," is seeking requests for proposals for the two year maintenance of a
0.57:!:: acre newly created mangrove mitigation area and 0.3:!:: acre native
upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway,
Boynton Beach, and the mangrove area adjacent to the Boynton Beach
Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton
Beach. The PROPOSER will provide a written quote for the work to be
performed.
Scope of Work to Be Performed:
THE PROPOSER shall perform the following services for the CRA on a yearly
basis for a two year term. The proposal shall include all materials and equipment
necessary for maintenance of the Jaycee Park mangrove mitigation area and the
Boynton Beach Promenade area (wetland and upland/wetland buffer) per
SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004-1205 (IP-JBH) (see
attached documents for additional detail).
1. Routine Monthly Maintenance - Two Year Term
· Control of exotic and nuisance vegetation maintained below 5% of
the total vegetative cover within the mitigation area. Best available
technology must be employed for control of these species.
· Removal of trash and/or other debris as necessary.
· Monthly reports to the CRA on maintenance activities.
2. Additional Maintenance As Required by Client or Necessary
Please provide an hourly rate for work over and above the work listed
above.
Proposal Criteria:
The proposal must include the followln9
· Name and address of the proposing firm or entity.
· A list of the professional team members, historical background information
on the principals and a description of their experience with similar projects
· A qualifications statement of the proposing firm or entity, including
verifiable examples of experience, photographs, addresses and project
information.
· A certificate of good standing from the Secretary of State, Division of
Corporations.
Timeline:
February 13, 2009
February 18, 2009
February 27, 2009
March 10,2009
Publication of Notice of the RFP
Pre-proposal Meeting for Interested Parties at 9:00 am
Proposal packages due by 3:00 pm
Selection of contractor by CRA Board of Directors
Submittal Requirements:
Provide eight bound copies of the Proposal to:
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
Submittals must be received no later than 3:00 p.m. EST on February 27,
2009 at the CRA offices located at 915 S. Federal Highway in Boynton
Beach. Faxed submittals will not be permitted. The failure to strictly meet this
deadline will result in the submittal being rejected and returned unopened.
Any question regarding whether a submittal has been submitted timely shall
be resolved by reference to the time kept at the CRA office by the CRA's
receptionist or other delegated representative for the receipt of the submittals.
A pre-proposal informational meeting will be held on February 18, 2009 at
9:00 am at the CRA Offices, 915 S. Federal Highway in Boynton Beach. The
purpose of the meeting will be to answer any outstanding questions regarding
the project and attendance is strongly encouraged.
2
Contacts:
All correspondence and requests for information regarding the request for
proposals, should be directed to:
Vivian l. Brooks
Assistant Director
Boynton Beach C RA
915 S. Federal Highway
Boynton Beach, FL 33435
E-mail brooksvil@ci.boynton-beach.fJ.us
Telephone: (561) 737-3256
Non-Discrimination
The selected Proposer, 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. Should such
discrimination occur, the CRA will provide notice to the Proposer of a breach of
this condition and thereafter, Proposer has 15 days to demand arbitration as to
the claim of discrimination. The parties will then mutually agree to an arbitrator
and if they cannot agree, the auspices of the American Arbitration Association
will govern. This arbitration is independent of any other actions being taken by
other agencies. However, a finding by any other agency or court that such
discrimination has occurred may be relied upon by the CRA as conclusive proof
of a breach of this provision. If Proposer does not demand arbitration within 15
days, or if arbitration is conducted and it is determined by the arbitrator that
discrimination occurred, the CRA shall have the right to terminate any such
Agreement it has entered into with Proposer and pursue any and all other lawful
remedies.
Protests
Any and all decisions by the CRA Board to modify the schedule described herein,
requests for additional information, reject insufficient or unclear proposals,
formulate an objective point system for review, rate and rank proposals,
negotiate agreements, abandon negotiations, approve agreements, etc., shall be
at the CRA's sole discretion and no protests whatsoever shall be considered by
the CRA Board. Submittal of a reply to this RFP on the part of any and all
proposers constitutes acceptance of this policy.
Formation of Contract
The existence of a contractual relationship between the parties is contingent
upon the terms and conditions of the contract being negotiated to the satisfaction
3
of both parties and the execution of said contract oy both parties. The winning
proposer will be granted a contract for a period of two years. A sample contract
is attached to the RFP. The contract documents shall Include, but not be limited
to, terms and conditions of this RFP, the submitted proposal inclusive of
qualifications, the negotiated services as agreed by both parties, and the
ordering mechanism,
Permits, Taxes and Licenses
Proposer shall at its own expense obtain all necessary permits, pay all licenses,
fees and taxes, required to comply with all local ordinances, state and federal
laws, rules and regulations applicable to the business to be carried on under the
contract.
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records
Law. Information and materials received by the CRA, in connection with a
submittal shall be deemed to be public records subject to public inspection.
However, certain exemptions to the public records law are statutorily provided for
in Section 119.07, F .S. If the Proposer believes any of the information contained
in its Submittal of Proposals is exempt from the Public Records Law, then the
Proposer must in its response specifically identify the material which is deemed
to be exempt and cite the legal authority for the exemption and the CRA will
evaluate the material to determine whether it is exempt from the Public Records
Law. Otherwise, the eRA will treat all materials received as public records.
Public Entity Crimes
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit Proposals, bids or
qualifications (as applicable), in response to a solicitation for said
products/services in support of a public entity, and may not submit qualifications,
a proposal or bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
4
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace
Certification by Vendor", and submit it with their Proposals. Failure to do so may
result in rejection of your proposal.
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to this
RFP maintains a drug-free workplace program, and that the following conditions
a re met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace; and specifying that actions will be taken against
employees for violations of such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual
services included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under
this RFP, they will abide by the terms of the statement; and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to any violation
of Chapter 893 or any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the employee's
community, by any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace
through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies
fully with the above requirements.
Authorized Signature:
Date
Name & Title (typed)
5
Mangrove Mitigation Maintenance RFP #2
- .. - --=1 ..~ =.. . . Ct..~nk;nt~KPOndi"""""'~''':
I I I Met RFP Experience,
I I I Threshold w/Mangrove
I (Yes = 25, Mitigation Projects (0
Name of Firm Contact Person , ~dd,-ess _F>hon~ No. E-Mail N=O) 25 pts)
I --- 12341 S-:W~ Susse! : -- iankerner(cj)mar h'
Martin Landscape Illan W Kerner, ILane, Port SI. Lucie, ' tinlandscapemn
Managem~nl, LLC Pres iFL 34953 i772-260-8415 a.com
~-N EnVIronmental le.,.,e",,,",. i~::"~~~"~A-". I ',.~.,.~",' -'"-"
~onsultants, i~ I Pres_ !~uPlter. FL 33458 .1561-744-7420 iro.com 12
TMary Lindgren, 1410 Park Lane
Division Manager South, Suite 1,
of Ecology Jupiter, FL 33458
r----
i
--
-~
Professional
Credentials of
Principals/Staff (0
25 Pts)
Experience w/USACOE
& SFWMD Pennitting
Requirements (0 - 25
pts.)
Total Points
Price (total for 2
vrs/monthlv)
Comments
16
20
20
~ $14,208/$592
.._----_.~_.-
--_.-----~_.
.-..--
22
23
20
77 Not given
State Certified Minority
contractor
--
Environmental
Services, Inc.
561-743-5141
mlindaren(ci)esi
nc.cc
23
22
23
23
91 $17,400/$1,450
9218 87th Place
South, Boynton lakeand
Lake & Wetland Stuart Fischer, Beach, FL 33472- wetland(cj)aol.c
Management, Inc. Pres. 4302 561-735-3732 om 10 10 10 8 38 Not Diven
212 US Highway 1, --
Environmental Katharine Murray, Suite 18, Tequesta, Certified Minority
QlJality, Inc. Pres. FL 33469 561-575-6778 23 18 23 17 81 $32,562/$2,714 Contractor
-. --..-.--. _._-~ Main Office: 2002 E. .---- r-- --. _.-.
Blo-Tech Consulting, Robinson Street, 1407-894-5969 info(1i)btc- =b--~
Inc. John Miklos, Pres. Orlando, FL 32803 Inc. com 25 20 87 $19,080/$795
---- ----
~- -----. Jerry Renick, 2101 Centrepark I ..--.- -- --- -.----... I - .
I I J I J
Principal, West, Suite 100, I I
Environmental Design Environmental West Palm Beach, FL irenick(cj)envde I I 231 Certified Minority
South Design 33409 561-478-8501 siansouth.com 231 91 $6,600/275 Contractor
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Mangrove Mitigation Area Mainrenorl
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Table of Contents Page No.
COVER LETTER"'H"'''' .."H...H......H...... 2
1. TEAM INTRODUCTlUc 'H ...,...."" 3
2. RELEVANT PROJECT EXPERIENCE.. ........,... 1 I
3. CERTIFICATIONS'..".. .... ......... 10
4. PRICE PROPOSAL ......."... "
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LAND.'...., fl.. ....
DESIGN '. i
SOUTH . ."
Planning I Landscape Architecture I En\!:ronmpntnl I Transpoliat;ol I Graphic [:esigl
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
......L. _
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February 26, 2009
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
Re: Boynton Beach eRA Mangrove Maintenance RFP
Ms. Brooks,
Environmental Design South, Inc. (EDS) is very pleased to
submit our qualifications to provide maintenance services for
the. Boynton Beach CRA Mangrove Mitigation areas. We
understand that it is the CRA's intent to meet the compliance
criteria set forth in the SFWMD Permit 50-04166-P and ACOE
Permit SAJ-2004-1205 for the areas identified as mitigation for
the construction of the Boynton Beach Promenade.
I ....
Since our establishment 8 years ago in Palm Beach County,
Environmental Design South has provided exotic vegetation
removal and maintenance services to projects throughout South
Florida. Our sister company, Land Design South, is a land
planning firm in Palm Beach County established in 1985.
Through our understanding of the wetland permitting process
and successful design we have kept all of our projects in
compliance resulting in effective, functio~ng wetland habitat.
Our experience has also led to close relationships with the
Compliance/Enforcement sections of the regulating agencies.
This positive relationship allows EDS to identify and address
staff s concerns before enforcement action is taken.
Sincerely,
~VIRO~~ DE~ SOUTH
'wA~ ~J~
erry RICk
Princi , Environmental Division
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Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Jaycee Park
LAND IE
DESIGN 2
SOUTH
bOVnTor I beacl i:_ommunity Redevelopment Agenc ,
Monorove MiilgatlClnArea Maintenance
The Project Team
Land Design South
Land Design South is excited to present our team's professional
qualifications regarding the Boynton Beach Community
Redevelopment Agency Mangrove Mitigation Area Maintenance. The
knowledge and understanding our team has obtained from our
presence in South Florida for the past twenty years, combined with our
extensive wetland mitigation planning and maintenance experience,
allows us to offer unique capabilities to the CRA. Our team
understands the intricacies of mangrove maintenance activities and can
identify and correct problem areas before they become problems.
Environmental Design South
Environmental Design South is the sister company to Land Design
South and offers maintenance contracting services to our clients.
Utilizing the oversight of Land Design South biologists, our
maintenance activities are targeted and accurate ensuring a healthy,
functioning habitat that exceeds compliance criteria set forth by State
and Federal agency permits.
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Pianriing I LondscClpe Architecture I Enviror',menial I TronsportCltinr I C;rClph'c Desic;w'
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SECTIC!'
TEAM INTRODUCTION
Land Design South
2101 Centrepark West Suite 100
West Palm Beach, FL 33409
www.landdesignsouth.collJ
561-478-8501
561-478-5012 (Fax)
Jrenick@landdesignsouth.com
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Environmental Design South
2101 Centrepark West Suite lun
West Palm Beach. FT 33409
561-478-8501
561-478-5012 (Fax)
j renick@envdesignsouth.com
LAND."'"
DESIGN ..' · 3
SOUTH _, .;~
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
- -
ffi~RY~eI:RA
ilIEnt Sldc.West Slde-SCU'ld<! R.tnah~.n(e
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Prin cipal- In-Charge
Jerry Renick
jrenick@landdesignsouth.com
,....
As a Principal of the firm and Director of the Environmental Division,
Mr. Renick assists with and oversees staff performing a full range of
environmental services. In addition, Mr. Renick provides his own
expertise and experience coordinating with agencies for upland and
wetland permitting, listed species permitting, and mitigation planning.
His prior experience includes nine years of services with Palm Beach /
County Department of Environmental Resources Management (ERM) ,
reviewing applications for wetland impacts, mangrove trimming, dock
permits, upland preservation, tree mitigation, lake excavation and
littoral planting plans including coordination with Federal (U.S. Army,/
Corps of Engineers), State (Florida Department of Environmentav
Protection, South Florida Water Management District) and loca
agencies. In addition, Mr. Renick also reviewed contamination reports
as part of the storage tank compliance section of ERM. Mr. ReniCk}
holds the following credentials; Professional Wetland Scientist #1831
from the Society of Wetland Scientists, Certified Arborist #FL-0427A-f
from the International Society of Arboriculture, Certified Pesticide
Applicator #CM15121 from the Florida Department of Agriculture and'v
Consumer Affairs. In addition, Mr. Renick is an active member of the
Florida Association of Environmental Professionals and a current
member of the Executive Committee on the Florida Urban Forestry
Council. Mr. Renick holds a Bachelor of Science in Biology from
Washington College (1984).
Project Manager
Rick Harman
rharman@landdesignsouth.com
('
As a Project Manager, Mr. Harman has provided environmental
consulting services for over five years. His responsibilities include
upland and wetland permitting, maintenance and monitoring, tree
mitigation, preservation and relocation, regulatory compliance, and
due diligence assessments. Mr. Harman holds the following
credentials; Certified Arborist #FL-5646A from the International
Society of Arboriculture, Qualified Stormwater Management Inspector
#15365 from the Florida Department of Environmental Protection. In
addition, Mr. Harman is an active member of the Florida Association
of Environmental Professionals and the Young Professionals of the
Treasure Coast. Mr. Harman holds a Bachelor of Science in Biology
(Minor in Environmental Studies) from Wake Forest University
(2002).
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Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
LAND II
DESIGN 4
SOUTH
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
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(' WORTffiNGTON pun
Palm Beach County, FL
Contact: Eva DiSisto, A&G Management Group, 561-795-3991
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Worthington PUD was permitted under SFWMD Permit 50-05720-P
by Land Design South environmental staff. The project is located on
the south side of Okeechobee Blvd. just west of Sansbury's Way
adjacent to the Palisades PUD. For the impact of 1.14 acres of
wetlands, a total of 1.00 acre of wetlands were preserved along with
0.26 acres of wetland creation, and 0.14 acres of wetland restoration
activities. The project has recently completed the standard 5 year
monitoring period and has successfully met all compliance criteria. r
Environmental Design South has been responsible for all maintenancN
activities within the preserve areas during the entire monitoring period
and has been a key contributor to the project's success.
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Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Time 2.ero Pnoto
5th Annual Photo
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LAND II
DESIGN 6
SOUTH
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
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PALISADES pun
Palm Beach County, FL
Contact: Eric Estebanez, Pointe Managem~.t,Group, 561-274-3031
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Palisades PUD was permitted under SFWMD Permit 50-06055-P by
Land Design South environmental staVli"e project is located on the
south side ofOkeechobee Blvd. just west of Sansbury's Way adjacent
to the Worthington PUD. Due to historic and proposed hydrologic
impacts to the existing wetland, it was determined that 1.56 acres of
the wetland would be vertically relocated and restored. Following
relocation, a standard 5 year monitoring period with monthly
maintenance activities into perpetuity was conditioned in the permit.
Environmental. Design South was contracted to perform the j
maintenance regime and continues in the role. The project is nearing .
completion of the 5 year monitoring period ~d has been a success.
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Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Time Zero Photc
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4th Annual Photo
LAND II
DESIGN 7
SOUTH '
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
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CYPRESS ESTATES pun
Cypress Creek, FL
Contact: Kristen Bakkedahl, KB2 Management LLC, 954-673-7001
Time Zero fJlOlC
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Cypress Estates PUD was permitted under Broward County DPEP
License DF04-1233 by Land Design South environmental staff. The
property is located just to the west of Lyons Blvd. on Hilton Road.
This project involved the preservation of 0.70 acres of onsite wetlands
and the enhancement of 0.52 acres of wetland located offsite in
Cypress Park, a Broward County Parks and Recreation facility. Both
mitigation sites are halfway through their 5 year, quarterly monitoring
and are subject to perpetual maintenance activities. Environmental I
Design South is responsible for the monthly maintenance regime ofJ
both mitigation sites and to date both sites have remained in
compliance with license requirements.
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LANDiI
DESIGN 8
SOUTH
Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
~
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IiEnt S.dc-Wesl Slde.Sclsi<le 'lEnJ"s,an,l'
C-18 OXBOW
Jupiter, FL
Contact: Matt Nelson, Lennar Homes, 561-228-5307
C-18 Oxbow is the mitigation area for the Island Way project
permitted under SFWMD Permit 50-06087-P by Land Design South
environmental staff. The site is located just to the north of Indiantown
Rd. on the west side of Island Way in Jupiter, FL. The oxbow was
created to provide some filtering and cleaning function to the C-18
canal as mitigation for wetland impacts associated with the Island Way
roadway. The channel was planted with mangrove species and
associated native vegetation by Environmental Design South and
maintained.
Photos
Island Way / C-18 Oxbow
PREPARED FeR lDINAR COMPANY
Monitoring Plan with
Photcslatlons
---.....
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LAND II
DESIGN 9
SOUTH
Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Boynton Beach Community Redevelopment Agency
Mangrove Mitigation Area Maintenance
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CERTIFICATIONS
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Society of Wetland Scientists
Certification Progl'tlm, Inc.
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Professional Wetland SCIentist
Land Design South af Florida, Inc.
Gerald W. Renick
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State of Florida
Department of State
State of Florida
Depal'tment o.f'State
I c~luf,. ih.llU the rocords of r:us uftice that LANO OI~SI(;N SOUTH
OF Fl.<l1{mA. ]f'..C. i~;l corporation o~ani"cd undl~r the hl\\S o1'tl1,;:
Slil.t~ llJ r,llridn, filed on ?vlay I. 1997.cttccrivc Allri129. j')9i.
I ('crtit'" from thi:: records (If lhis (,mnl ,hat EN\'1ROl\Y1E"\lTi\!.
nrs,lG'X SotITH, TKC. is a t::nrpornlinn orp,<lllin:dunder the laws oftl:e
SLUl!:: oJ"Flu:idll. filed on MlI.r..flI2, 2fJOI. cffccti...: \1:uch lti, 2001
I fLu'tr.;"[ t'~njfy thal :;aid corpom!ion has :Jol Jilcd .'\rlido..:s uf
1)is~()!t..titlll.
rhe document number of this corpomliun LillO I 0000311934.
I f,lrth.:r ~crtit;.' that sAid corporation hlB paid nil tX!i due thi~ llffill=
lluuul!!b l)~cmnba 31. 2008, ahal il!l nlO::.t !I.~CL:lll annual report Wl\::, E1cd
on Aplil ~O. 2ItOl-:. and its Stllros iR acri,'c.
1 fur.her cerlif)' th.lt ~i.!id cOlpOr~lli(\n has not nl\:d :'I.rti(Jc:; of
Dis:;o!lllion.
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The. ~lll~'lIl'H.::m number ofthi:'. cnrporauon il' PlJ70IlOQ39715.
1 further c.:nify that .:laid corpor.t(ion has 1X1id all Ices due {hi~ ot:icC'
Ilu()~g!", P~~'e!Dber 31, 2008, Ib:ll h~ mo~l rc\.'Cnl uOllual n.:port \Vtl~ f.kd
,1n /\pil ::0. 2UOft and it:; ~1alu.~ i~ acti\'c.
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Secretary of State
r..n.~' wnI.:f"O' hlltl,ltt"d rIIr c;...,,, S...., of
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LAND II
DESIGN 10
SOUTH
Planning I Landscape Architecture I Environmental I Transportation I Graphic Design
Boynton Beach Community PeaeVE::IUlAl i~' ,,]
Mangrove Mitigation Area Malnler
F "
PRICE PROP()SAl
Routine Monthly Maintenance:
. Control of exotic and nuisance vegetation maintained
below 5% of the total vegetation cover within the
mitigation area.
. Removal of trash and/or other debris as necessary.
. Monthly reports to the eRA on maintenance activities.
Price per Maintenance Event:
$275.00
Two Year Term (24 Events):
$6,600.00
Additional Maintenance as Required:
$275.00
Hourly Rates:
$50.00
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DESIGN: l'
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PICJnning I LCJndscCJpe Architecture I Environmental I Tr"mportotic,n I Graphic D,o.siCln
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CONTRACT
FOR
MANGROVE MITIGATION AREA MAINTENANCE
This Contract entered into this day of March, 2009 by and between the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public
agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a business
address of915 South Federal Highway, Boynton Beach, Florida 33435
And
ENVIRONMENTAL DESIGN SOUTH, INC. with a business address of 2101
Centrepark West, Suite 100, West Palm Beach, FL 33409
RECITALS
WHEREAS, the CRA was issued a South Florida Water Management District
Permit 50-04166-P and United States Army Corps of Engineers Permit SAJ-2004-
1205(IP-JBH) for work which includes the filling of 0.26 acres of mature mangrove
forest to construct a cul-de-sac and pedestrian promenade; and
WHEREAS, as a condition to the above referenced permits, the CRA is
responsible for mitigating the impacts of the project which includes the maintenance and
monitoring of two preserves totaling 4.85 acres; and
WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), sought
proposals for the required maintenance of a 0.57 mangrove mitigation area and a 0.3 acre
native upland/wetland buffer and the mangrove area adjacent to the Boynton Beach
Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach; and
WHEREAS, on March 10th, 2009, the CRA Board selected Environmental
Design South as the Contractor to perform the work described in the above referenced
RFP; and
WHEREAS, at its March 10th, 2009 meeting, the CRA Board approved this
Contract; and
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 hereto as follows:
T:\PLANNING\BB Blvd. Promenade\Mangrove Maintenance\RFP #2\Contract Env Design South. doc
Page 2 of 7
Section 1.
SCOPE OF WORK
The work will consist of the maintenance on the Jaycee Park mangrove mitigation area
and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per South
Florida Water Management District ("SFWMD") Permit 50-04166-P (See Exhibit "A"
attached hereto) and United States Army Corps of Engineers ("US ACE") Permit SAJ-
2004-1205(IP-JBH) (See Exhibit "B" attached hereto) and revised Monitoring Schedule
(Exhibit "C" attached hereto). The scope of the work is set forth in detail below'
A. The control of exotic and nuisance vegetation maintained below 5% of the
total vegetative cover within the mitigation area, using the best available technology for
the control of these species.
B. The removal of trash and/or other debris within the mitigation area as
necessary.
C. Any additional maintenance as may be required by the CRA pursuant to
Section 4.0.e.
A maintenance report detailing the maintenance activities must be provided to the CRA
on the last day of every month.
Section 2.
TERM
Work on this project must begin within thirty (30) days of the execution of this Contract.
The CRA will provide a written notice to proceed to the Contractor upon execution of
this Contract. The services under this contract shall be performed on a monthly basis for
a period of two years, beginning on the Effective Date.
Section 3.
PAYMENTS AND COMPLETION
a)
The total sum to be paid under this Contract is $6,600, or $275.00 per
month for 24 months.
b)
Payments will be made monthly subject to satisfactory completion of the
work and submission of an invoice and report.
c)
Photographs shall be taken throughout the term of the contract to
document the work. Photographs shall be a size of 4" x 6" or digital. The
photographs shall clearly identify the job and the subject matter of the
photograph. The log and photographs shall be submitted to the CRA with
each invoice.
Page 3 of7
Section 4.
Section 5.
ADDITIONAL TERMS
a)
The Contractor shall not be responsible for acts beyond its reasonable
control, adverse soil and/or water quality, or negligence by others
including inappropriate engineering or design.
b)
The CRA shall be responsible for obtaining and paying for any and all
permits required for the above stated work prior to commencement of the
work.
c)
Invoices submitted for work completed shall be paid within thirty (30)
days of receipt. A finance charge of 1.500% per month or an annual
percentage rate of 18.000% will be computed on all past due balances.
d)
In the event that additional plants, vines, trees, etc. are added to the
FLEPPC "List of Invasive Species," the Contractor reserves the right to
request adjustments to this Contract if additional work is required.
e)
The Contractor agrees to provide additional exotic maintenance services,
if requested by the CRA, at a rate of $50.00 per hour.
TERMINATION FOR DEFAULT
The CRA may terminate this Contract on fifteen (15) days written notice to the
Contractor, before the termination date, without prejudice to any other remedy the CRA
may have, when the CRA determines, in its sole discretion, that the Contractor has failed
to perform its obligations under the Contract and fails to cure such default, if curable,
within five (5) days after receiving notice of such default.
Section 6.
TERMINATION WITHOUT DEFAULT
The CRA may elect to terminate this Contract on fifteen (15) days written notice to the
Contractor before the termination date without cause or without prejudice to any other
right or remedy. In such cases, the Contractor shall be paid for all work executed up to
the date of termination.
Section 7.
NON-DISCRIMINATION
Contractor 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
Contractor, its sub-contractors, or agents, in the performance of this Contract. Should
such discrimination occur, the CRA will provide notice to the Contractor that it claims
there has been a breach of this condition and thereafter, Contractor shall have fifteen (15)
business days to demand arbitration as to the claim of discrimination. The parties will
Page 4 of 7
then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the
American Arbitration Association will govern. The arbitration will be governed by the
rules of the American Arbitration Association regardless of whether an arbitrator is
agreed upon by the parties. This arbitration shall be independent of any other actions
being taken by other governmental agencies. However, a finding by any agency or court
that such discrimination has occurred may be relied upon by the CRA as conclusive proof
of a breach of this provision, provided such finding is final and not appealable. If the
Contractor does not demand arbitration within fifteen (15) business days, or if arbitration
is conducted and it is determined by the arbitrator that discrimination has occurred, the
CRA shall have the right to terminate this Contract and pursue any and all other lawful
remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such
non-prevailing party shall be determined by the arbitrator
Section 8.
CONVICTED VENDOR LIST
As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this
Contract or performing any work in furtherance hereof, Contractor certifies that it, and its
affiliates, contractors, sub-contractors or agents who will perform hereunder, have not
been placed on the Convicted Vendor List maintained by the State of Florida Department
of Management Services within thirty-six (36) months immediately preceding the date of
this Contract.
Section 9.
INSURANCE REQUIRMENTS
The Contractor shall maintain worker's compensation and employers liability insurance
for all employees of the Contractor's engaged in work under this Contract and in
accordance with the laws of the State of Florida. The Contractor shall agree to be
responsible for the employment, control and conduct of its employees and for any injury
sustained by such employees in the course of their employment.
Section 10.
INDEMNIFICATION
The Contractor shall indemnify, defend, save, and hold harmless the CRA, their elected
officers, agents, and employees, from any and all claims, damages, losses, liabilities, and
expenses, direct, indirect or consequential arising out of, or alleged to have arisen out of.
or in consequence of the services furnished by or operations of the Contractor or his
subcontractors, agents, officers, employees or independent contractors pursuant to the
Contract, specifically including, but not limited to, those caused by or arising out of any
intentional act, omission, negligence or default of the Contractor and/or his
subcontractors, agents, servants or employees in the provision of services under this
Contract.
Page 5 of7
Section 11.
NOTICE
Whenever either party desires to give notice to the other party as required under this
Contract, it must be given by written notice sent by (i) hand delivery with a signed
receipt; (ii) by a recognized national courier service; or (iii) by Certified United States
Mail, with return receipt requested, addressed to the party for whom it is intended, at the
place last specified, and the place for giving of notice shall remain such until it shall have
been changed by written notice in compliance with the provisions of this paragraph. For
the present, the parties designate the following as the respective places for giving of
notice, to wit:
If to the CRA:
Boynton Beach Community
Redevelopment Agency
Attn.: Executive Director
915 Federal Highway
Boynton Beach, Florida 33435
With copy to:
James Cherof
CRA Attorney
76 NE 5th Avenue
Delray Beach, FL 33483
If to Contractor:
Jerry Renick
Principal
Environmental Design South
2101 Centrepark West
Suite 100
West Palm Beach, FL 33409
Every notice shall be effective on the date actually received, as indicated on the receipt
therefore, or on the date delivery thereof is refused by the intended recipient.
Section 12.
GENERAL PROVISIONS
A. Entire Agreement. The CRA and the Contractor agree that this Contract
sets forth the entire Contract between the parties and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in the Contract may be added to, modified, superseded, or otherwise
altered, except by written instrument executed by the parties hereto.
B. Exhibits. Each Exhibit referred to in this Contract forms an essential part
of this Contract. Any exhibits not physically attached shall be treated as part of this
Agreement and are incorporated herein by reference.
T:\PLANNING\BB Blvd. Promenade\Mangrove Maintenance\RFP #2\Contract Env Design South. doc
Page 6 of7
C. Severability. If any provision of this Contract or application thereof to
any person or situation shall, to any extent, be held invalid or unenforceable, the
remainder of this Contract, and the application of such provisions to persons or situations
other than those as to which it shall have been held invalid or unenforceable shall not be
affected thereby, and shall continue in full force and effect, and be enforced to the fullest
extent permitted by law.
D. Headings. The Headings herein are for convenience of reference only and
shall not be considered in any interpretation of this Contract.
E. Attorneys' Fees. Should it be necessary to bring an action to enforce any
of the provisions of this Contract, attorneys' fees and costs, including those at an
appellate level, shall be awarded to the prevailing party.
F. Jurisdiction and Venue. By the execution of this Contract, the parties
expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm
Beach County, Florida, for the limited purpose of litigating a dispute arising out of this
Contract.
G. Governing Law. This Contract shall be governed under the laws of the
State of Florida.
H. Modification. This Contract may be modified only upon mutual written
consent of all parties.
1.
the CRA.
Assignments. This Contract may not be signed without written consent of
1. Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Contract on behalf of the CRA and Contractor (or in any
representative capacity) as applicable, has full right and lawful authority to execute this
Contract 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 Contract.
K. Effective Date: The Effective Date is herein defined as the date on which
the last party executes this Contract.
THE REMAINDER OF THIS PAGE INTENTION ALL Y LEFT BLANK
Page 7 of7
IN WITNESS WHEREOF, the parties hereto have entered this contract on the
day and year first above written.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name: Jerry Taylor
Its: Chairman
Date:
(Witness)
(Print Name)
(Witness)
(Print Name)
"CONTRACTOR"
Environmental Design South, Inc.
By:
Karen F. Bentz
DirectorlPresident
(Witness)
Date:
(Print Name)
(Witness)
(Print Name)
T:\PLANNING\BB Blvd. Promenade\Mangrove Maintenance\RFP #2\Contract Env Design South. doc
XI. OLD BUSINESS:
C. Consideration of Approval to Issue a RFP to
Solicit Bids from Contractors for the Boynton
Harbor Marina Slip Renovation Project
''''-'
('
1~~~Y~T8~ eRA
iIi East Side-West Side-Seas',de Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Approval to Issue a Request for Proposal (RFP) to Solicit Construction Bids
from Contractors for the Boynton Harbor Marina Slip Renovation Project
SUMMARY:
. On May 13, 2008, the CRA Board approved Work Order # 07-124.6700 with MCSW, Inc., to
provide construction drawings for the Boynton Harbor Marina Slip Renovation Project. The
Work Order authorized the preparation of plans and recommendations for slip changes, water &
electrical systems analysis and engineering, design/architectural drawings, construction
documents and specifications for the bidding of the project.
. On October 14, 2008, the CRA Board approved Work Order # 08-0171 to write a Request for
Proposal (RFP) (see attached) in order to solicit bid proposals from contractors to perform the
slip renovation project at the Boynton Harbor Marina. Additionally, under the Work Order,
MSCW, Inc. will conduct a pre-bid conference, provide technical assistance to the potential
bidders, and perform bid proposal review and ranking, and short list selection and
recommendation.
. The RFP provides an issuance date of March 30, 2009, with all responses required to be
submitted by 4:00 PM on April 30, 2009.
FISCAL IMPACT: None
RECOMMENDATIONS: Approval to issue a Request for Proposals (RFP) on March 30,2009, in order
to solicit construction bids from marine contractors to perform the slip renovations at the CRA's Boynton
Harbor Marina.
It,..
~~
Michael Simon
Development Manager
T'IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by MeetingIFY 2008.2009 Board Meetings\3.IO.09 Meeting\Issue RFP for marine contractors,doc
REQUEST FOR PROPOSAL (RFP)
PROJECT:
Boynton Harbor Marina Slip Reconstruction
:;:\:~,:: '
,
IIJIRY~Te~ICRA
II East Side...West Side-Seaside Renaissance
PROJECT OWNER:
Boynton Beach
Community Redevelopment Agency
TABLE OF CONTENTS
Section
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL .
II. INTRODUCTION AND BACKGROUND...... .
III. SCOPE OF WORK................. ... '" .......... ....... ..... ............
IV. DESCRIPTION OF PROPERTY. .....................
V. SCHEDULE..... .......... . ... ....................... .....
VI. PRE-SUBMMITTAL CONFERENCE ....... .... .. ............ .
VII. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS..
VIII. CONTENTS OF PROPOSAL ..... ................ ............. ........
IX. OTHER TERMS AND CONDITIONS.............. ................
X. RESERVATION OF RIGHTS................... ...... .....................
XI. EVALUATION AND RANKING PROCESS....... ...........
Page
.f
II'
h
1(,
EXHIBITS
EXHIBIT I. MARINA AERIAL EXHIBIT
APPENDICES
APPENDIX I. RESPONDENT REGISTRA TION FORM
APPENDIX II. REPRESENTATIONS BY RESPONDENT
APPENDIX III. DISCLOSURES. DISCLAIMERS AND DECLARATIONS
APPENDIX IV. DRUG-FREE WORKPLACE CERTIFICATION
APPENDIX V. PUBLIC ENTITY CRIMES SWORN STATEMENT
APPENDIX VI. FIRM INFORMATION
APPENDIX VII. FINANCIAL INFORMATION
Advertisement for Request for Proposals
Boynton Beach Community Redevelopment Agency
Boynton Harbor Marina Project: Marina Slip Reconstruction
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL
The Boynton Beach Community Redevelopment Agency (Boynton Beach CRA) is
seeking Proposals for the renovation of the Boynton Harbor Marina (Project). Proposals
were issued on March 31, 2009 and are due no later than April 30, 2009 at 4:00 p.m. At
that time, all Proposals received shall be logged in as having been received no later than
the closing time and date for the receipt of Proposals.
Submit six (6) original copies of the Proposal:
Boynton Beach Community Redevelopment Agency
CRA Development Manager
915 South Federal Highway
Boynton Beach, FL 33435
Clearly mark the outside of the Proposal as: "Marina Slip Reconstruction Project -
Contractor."
The successful Proposer(s) will be required to furnish a one-hundred-percent (100%)
Performance Bond and Labor and Material payment bond.
No Proposal may be withdrawn after the scheduled closing for receipt of Proposals for a
period of ninety (90) days. The Boynton Beach CRA reserves the right: to waive minor
informalities in the Proposals; to reject any and all Proposals; to abandon the project; to
re-advertise the Request for Proposals; or to take any other action deemed in the best
interest of the Boynton Beach CRA.
The following instructions are given for the purpose of guiding Bidders in properly
preparing their bids or Proposals. These directions have equal force and weight with the
specifications and strict compliance is required with all the provisions herein contained.
II. INTRODUCTION AND BACKGROUND
Since being purchased by the Boynton Beach CRA in March 2006, a series of
renovations began on the Boynton Harbor Marina, formerly known as the Two Georges
Marina, designed to create a first rate, public access facility for boating and fishing that
will welcome Boynton Beach residents to the waterways for generations to come.
Cosmetic renovations such as painting, landscaping, and hurricane repairs have been
addressed and 2009 will mark the beginning of Phase Two improvements that will make
the marina more pedestrian-friendly with amenities that include new outdoor seating and
public restrooms.
To further maximize public access to the vvaterway~,. tlle Boynton Beach ('RA acquired
an additional waterfront parcel in October 2006. The 7.000 square foot slice of land north
of the Two Georges Restaurant will be convertea mto a passive park The purchase
included fuel docks and additional available garage parking spaces to expand the onsite
parking options for Marina tenants.
The initial marina purchase was financed WltI] mone\ from a bond issued in December
2005. To support restoration efforts, the Boynton Beach CRA also applied for and
received Palm Beach County bond money earmarked to help preserve public waterfront
Construction plans for the renovation of the marina slips and bulkhead area have been
designed and prepared by SEA Diversified, Inc., and are based on an overalJ conceptual
master plan for this waterfront marina created by MSCW, Inc.
III. SCOPE OF WORK:
Contractor shall provide all materials, labor, permitting and maintenance of traffic (both
marine and vehicular) to perform the necessary construction activities to construct the
marina slip improvements, as specified in the construction plans as prepared by SEA
Diversifies, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work)
includes the following:
I) Construction of nineteen (19) boat slips.
2) Associated boardwalks, mooring posts, access piers and boat structures.
3) Construction of two (2) fish cleaning stations.
4) Full inspection of site and bulkhead structures to ensure stability.
5) Installation and connection of slip power/utility services pedestals.
All construction is to meet or exceed all materials quality specifications. No deviations
from plans will be approved without prior written request, notification to Owner and
formal approval issued by the Owner. Contractor is to provide a full-time Construction
Manager assigned to the Project. Contractor is to provide all storage of materials, either
onsite as approved by the Client or offsite as needed, but at no time are construction
activities to impede access, parking or deliveries to the existing restaurants or other active
marine businesses utilizing the marina. In the event that temporary disruption of activities
is necessitated due to waterward construction, Contractor is to provide written
notification of activity, a schedule of construction activities and a guaranteed completion
date of activities. Contractor shall receive approval of business impact construction
activities prior to initiation of any work activities. To the maximum extent possible all
construction activities should be accessed from the waterside to limit any disruption of
pedestrian accessibility to the marina.
2
PROJECT PACKAGES: All requests for a Project package shall be in writing and
accompanied by a $250.00 non-refundable payment. Checks shall be payable to the
Boynton Beach Community Redevelopment Agency. Project packages will be available
beginning Monday, February 16,2009 at the following location:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
You may include a company self-addressed, UPS, Fed-Ex or other major shipping form,
which is paid for in advance by you or billed directly to you by the shipping company. In
no event shall the Boynton Beach CRA pay for shipping, delivery or mailing.
The Work included in this project consists of furnishing all tools, materials, equipment
and supplies as well as the performance of all labor, handling, services and incidentals,
including applicable taxes necessary for the Boynton Beach CRA. The foregoing
description is general in nature. The scope of work is more specifically defmed by the
Contract Documents.
PERSONAL INVESTIGATION (Conditions of Work) AND OBLIGATION
OF BIDDER
Each Bidder shall inform himself fully of the conditions relating to the construction of the
Project and the employment of labor thereon. Failure to do so shall not relieve a
successful Bidder of his obligation to furnish all material and labor necessary to carry out
the provisions of his Contract.
At the time of the opening of bids, each Bidder shall be presumed to have inspected the
site and to have read and to be thoroughly familiar with the plans and Contract
Documents (including all addenda). The failure or omission of any Bidder to examine
any form, instrument or document shall in no way relieve any Bidder from any obligation
in respect to Bidder's Bid. Nothing in this Bid shall be interpreted or construed as
relieving any Bidder of any obligation to conduct or attend a mandatory site inspection,
as may be required and referenced elsewhere in these Bid Documents.
IV. DESCRIPTION OF PROPERTY
Since being purchased by the Boynton Beach CRA in March 2006, a series of
renovations began on the Boynton Harbor Marina, formerly known as the Two Georges
Marina, designed to create a first rate, public access facility for boating and fishing that
will welcome Boynton Beach residents to the waterways for generations to come.
Cosmetic renovations such as painting, landscaping and hurricane repairs have been
addressed and 2009 will mark the beginning of Phase Two improvements that will make
the marina more pedestrian-friendly with amenities that include new outdoor seating and
public restrooms.
To further maximize public access to the waterways, the Boynton Beach CRA acquired
an additional waterfront parcel in October 2006. The 7,000 square foot slice of land north
of the Two Georges Restaurant will be converted into a passive park. The purchase
3
included fuel docks and additional available garage parKmg spaces to expand the on-site
parking options for Marina tenants.
The mitial marina purchase was financed with money from a bond issued in December
2005. To support restoration efforts, the Boynton Beach eRA also applied for and
received Palm Beach County bond money earmarked to help preserve public waterfront.
Construction plans for the renovation of the marina sltps and bulkhead area have been
designed and prepared by SEA Diversified. Inc., and are based on an overall conceptual
master plan for this waterfront marina created by MSCW. Inc
Advertise for Re uest for Pro osals.
Bid documents, plans & specifications available at the Boynton Beach'l
CRA Office, 915 South Federal Highway, Boynton Beach, FL 33435. i
Fee of $250.00. Checks shall be payable to the Boynton Beach I
Communi Redeve/o ment A en . .
Mandatory Pre-submittal Conference at 1 :30 p.m. in the Boynton Beach I
CRA offices located at 915 South Federal Highway, Boynton Beach, FL i
33435. MANDATORY ATTENDANCE BY A PRINCIPAL OF EACH!
RESPONDENT IS RE U1RED.
Deadline for respondents to submit written questions or requests for
clarifications. .
DUE DATE FOR PROPOSALS. Proposals must be received' in their 1
entire b the Bo ton Beach CRA no later than 4:00 .m. ,
Evaluation Committee meeting to review proposals and" rank 1
res ondents. !
"----'1
Evaluation Committee shall make recommendation to Boynton Beach I
CRA to award contract. i
Begin contract negotiations with CRA Board approved respondent. If no'1
agreement is reached within 45 days, the Boynton Beach CRA shall the i
ri t to terminate ne otiations and select next hi est ranked bidder. i
--- --~
A roval of contract at Bo ton Beach CRA.
Jul 15,2009 Bo ton Beach CRA shall issue a Notice to Proceed.
180 Da s after Notice to Proceed Issued Contractor shall com lete Pro' eel.
V. SCHEDULE
A ril 7, 2009
April 8, 2009
April 15, 2009
April 22, 2009
May 7, 2009
May 11, 2009
June 9, 2009
June 10,2009
<1
VI. PRE-SUBMMITTAL CONFERENCE
A mandatory pre-submittal conference (Conference) and a tour of the Project Area art
scheduled for April 6, 2009 at 1 :30 p.m. at:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
The purpose of the Conference is to provide prospective respondents the opportunity tc
ask questions, receive clarification, and/or make requests concerning interpretation of the
RFP documents. Failure of a Principal of any respondent to attend the conference shall be
reason for disqualification.
The Boynton Beach CRA will prepare and distribute written minutes of the Conference
to all attendees. The respondents shall not rely on any oral representation, interpretation,
comments or clarifications made during the Conference that varies the terms of the RFP
unless reduced to a written addendum.
Note: Late submissions will not be accepted. Any questions concerning this process
shall be directed to the Boynton Beach CRA at (561) 737-3256.
VII. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS
All requests for clarification or other questions regarding the proposal must be submitted
to:
Boynton Beach Community Redevelopment Agency Office
Attention: Michael Simon
CRA Development Manager
915 South Federal Highway
Boynton Beach, FL 33435
or
Email: SimonM@bbfl.us
All responses will be posted as soon as reasonably possible thereafter. The deadline to
post a question is April 14, 2009 at 5:00 p.m.
The Boynton Beach CRA may issue written addenda regarding the RFP to clarify,
comment upon, correct or as otherwise required to facilitate the RFP process. Should any
questions or requests require revisions to the RFP as originally published, such revisions
will be by formal written Addendum only and posted on the Boynton Beach CRA
website.
No Proposals will be accepted after the RFP closing time and date, and no subsequent
modifications to the Proposals will be permitted prior to selection, except in those cases
5
VIII.
where the Boynton Beach eRA l halLlaun!l Committee requests more inJ-(mnallpl
clarification from all of the reSflOn(kn'
CONTENTSOFPROPOS~
A. FILLING IN BIDS
]) All prices shall be completed in the bid and stated in figures. All bids shai
fully cover all items for which bids are herein asked and no other. Bidder
shall complete].v fill out the questionnaire and affidavit(s) herein containec
B. REJECTION OF BIDS
]) The Boynton Beach CRA reserves the right to reject any or all bids, waive.
technical errors and/or accept any bids that are in part deemed as the most
responsive, responsible bid, representing the most advantageous bid to the
Boynton Beach CRA. In determining the "most advantageous bid", price,
quantifiable factors and other factors are considered. Any or all bids will be
rejected if there is reason to believe that collusion exists among the Bidders.
Bids will be considered irregular and may be rejected if they show serious
omissions, alterations in form, additions not called for, conditions or
irregularities of any kind. The Boynton Beach CRA reserves the right to
reject any or all bids and to waive such technical errors as may be deemed
best for the interests ofthe Boynton Beach eRA.
C. PUBLIC ENTITY CRIMES
]) Legal Requirements: Federal, State, County and City laws, ordinances, rules
and regulations that in any manner affect the items covered herein apply.
Lack of knowledge by the Bidder will in no way be a cause for relief from
responsibility .
2) On Public Entity Crimes: All invitations to bid as defined by Section
287.012(11), Florida Statutes, requests for proposals as defined by Section
287.012(16), Florida Statutes, and any contract document described in
Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2) (a) of Section 287. ]33, Florida
Statutes, which reads as follows:
3) A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not: submit a bid on a
contract or provide any goods or services to a public entity; submit a bid on a
contract with a public entity for the construction or repair of a public building
or public work; submit bids on leases of real property to a public entity; be
awarded or perform work as a CONTRACTOR, supplier, subcontractor or
consultant under a contract with any public entity; or transact business with
any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of thirty-six (36) months from
the date of being placed on the convicted vendor list.
h
D. WITHDRAWALS
1) Any Bidder may, without prejudice, withdraw or modifY his bid at any time
prior to the expiration of the time during which bids may be submitted. A
request for withdrawal or a modification shall be in writing and signed by a
person who submitted the original bid. After expiration of the period for
receiving bids, no bid shall be withdrawn. modified or explained.
E. CONTRACT
1) The Bidder to whom the award is made shall execute the Contract to do the
work, maintain the same in good repair and furnish good and sufficient bonds
as hereinafter specified, within ten (10) days after receiving such Contract for
execution. If the Bidder to whom the first award is made fails to enter into
the Contract as herein provided, the award may be annulled and the Boynton
Beach CRA may then enter into a Contract with another responsive,
responsible Bidder. Such Bidder shall fulfill every stipulation embraced
herein as ifhe were the original party to whom award was made.
2) A corporation to which a Contract is awarded will be required to furnish a
certificate as to its corporate existence and evidence that the officer signing
the Contract is authorized to do so on behalf of the corporation.
F. BID GUARANTY
1) All bids shall be submitted upon the bid formes) herein, or verbatim copy
thereof. Bids shall be accompanied by an acceptable five percent (5%) bid
bond, cash, certified check or money order if the bid amount exceeds
$25,000.00. Said bid bond is to be furnished and executed by a surety
company of recognized standing, authorized to do business in the State of
Florida, and having a Registered Agent in Florida for purposes of service of
process. The bid bond amount shall be five percent (5%) ofthe bid price and
shall constitute a guarantee that the contractor, if awarded the Contract, will
enter into a written contract with the Boynton Beach CRA to perform this
work pursuant to the bid.
G. QUALIFICATION OF SURETY
I) The Bid Bond and the Public Construction Bond shall be executed by a
surety company of recognized standing authorized to do business in the State
of Florida and having a registered agent in the State of Florida for purposes
of service of process. The surety company shall hold a current certificate of
authority as acceptable surety on Federal Bonds, in accordance with U.S.
Department of Treasury Circular 570, current revision, or meet the criteria
established as to acceptable surety companies by the Board of
Commissioners of State Institutions, March 18, 1958, or the equivalent
thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for
bankruptcy.
7
H. SUBCONTRACT'
I) If a Bidder subcontracts any portion of a Contract for any reason, the BlOo:
must state the name and address of the Subcontractor and the name ot 11
person(s) to be contracted on the enclosed "Schedule of Subcontractor~'11
Boynton Beach eRA reserves the right to accept or reject any or all bll'
wherein a Subcontractor E' named. and to make the award to the Bidm
who, in the opinion of the Boynton Beach eRA, will be in the best interest,
and/or most advantageolls to the Boynton Beach CRA. The Boynton Beal'
CRA also reserves the right to reject a bid of any Bidder if the bid name~
Subcontractor who has previously failed in the proper performance 01
award or failed to deliver Contracts of a similar nature on time, or is not Ui
position to perform properly under this award. The Boynton Beach C k
reserves all rights in order to make a determination as to the foregoing.
I. DISPUTES
I) In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the Boynton Beach eRA Director's decision shall be final and
binding.
J. BASIS FOR BIDDING AND AWARD
I) The bid price is to include the purchasing and delivery of all materials.
equipment, tools including applicable taxes and all storage facilities.
temporary on-site construction offices, as well as the performance of all labor
and services necessary for the completion of the work except as may be
otherwise expressly provided in the Contract Documents.
2) The Bidder is responsible for reviewing the pertinent state statutes involving
taxes, including, but not limited to sales tax, and complying with all statutory
requirements.
3) Bidders shall enter a price for each item in the bid. Lump sum prices shall
include all work within the limits specified herein or shown on the drawings.
4) The Boynton Beach CRA reserves the right to award the Contract for the
work described by these specifications in a manner or method which will
produce the most effective cost benefit to the Boynton Beach CRA. The
lower monetary bid will NOT in all cases be awarded the Contract. The
Contract will be awarded by the Boynton Beach CRA to the most responsive,
responsible Bidder whose bid represents the most advantageous bid to the
Boynton Beach CRA, price and other factors considered.
5) In the event of a court challenge to an award by any Bidder, damages, if an).
resulting from an improper award shall be limited to actual bid preparation
costs incurred by the challenging Bidder. In no case will the award be made
until all necessary investigations have been made into the responsibility and
responsiveness of the Bidder in order that the Boynton Beach CRA is
satisfied that the most responsive, responsible Bidder is qualified to do the
x
work and has the necessary organization, capital and equipment to carry ou:
the required work within the time specified.
K. RIGHTS OF THE BOYNTON BEACH CRA: The Boynton Beach eRA
expressly reserves the right to the following:
1) Waive any informality, minor deviations from specifications at a lower price
than the most responsive, responsible Bidder meeting all aspects of the
specifications and consider it, if it is determined that total cost is lower anc
the overall function is improved or not impaired.
2) Waive any defect, irregularity or informality in any bid or bidding procedure.
3) Reject or cancel any or all bids.
4) Reissue an Invitation to Bid.
5) Extend the bid opening time and date.
6) Procure any item by other means.
7) Increase or decrease the quantity specified in the Invitation to bid unless the
Bidder specifies otherwise.
8) Consider and accept any alternate bid as provided herein when most
advantageous to the Boynton Beach CRA.
L. ADDITIONAL PROPOSAL FORMS
I) The following pages must be completed and submitted along with proposals
in order for the package to be considered complete and acceptable:
a. Bidder Acknowledgement
b. Addenda
c. Bid Proposal
d. Bid Bond
e. Certificate as to Corporate Principal
f. Statement of Bidder's Qualifications
g. Bidder's Site Inspection Confirmation
h. Noncollusion Affidavit of Prime Bidder
1. Anti-Kickback Affidavit
J. Confirmation of Drug-Free Workplace
9
Statement of No Bid
IX OTHER TERMS AND CONDITIONS
A. INSURANCE QUALIFICATIONS
I) Submission of Post-Proposal Information. The NotIce to Proceed shall be
issued immediately upon the Boynton Beach CRA award and shall be
conditional to receipt of the items below. The selected respondent shall.
within five (5) business days from posting the Recommendation to Award.
submit the following:
a. Executed Performance Bond, and Labor and Material Payment
Bond. Use Bond forms provided as attached with appropriate Bond
Numbers. NOTE: The Bonds must be recorded in the records of the
City of Boynton Beach, Boynton Beach, Florida.
b. Three (3) original sets of the Executed Agreement, signed and sealed
by an authorized representative of the respondent at least three (3)
business days prior to Boynton Beach CRA Commission's Award.
c. Certificates of Insurance coverages as specified in the contract.
d. Copies of respondent's State of Florida certification and/or
registration for a general contractor and all proposed subcontractors.
e. Copies of occupational licenses for Palm Beach County and the City
of Boynton Beach.
f. Resume of Contractor's Construction Superintendent for this Project
Failure of the successful respondent to execute and timely return the Contract
Documents, together with bonds, certificates or other items in proper form as
required shall be cause for cancellation of the intent to award and withdrawal
of the contract, and may be cause for forfeiture of the proposal guarantee.
The Work may be performed otherwise as the Boynton Beach CRA decides
is in its best interest. In such case, the forfeited proposal guarantee will
become the Boynton Beach CRA's property, not as a penalty but as a
liquidation of damages resulting from the respondent's failure to comply
with the terms and conditions.
2) If requested by the Boynton Beach CRA, the respondent shall be required to
establish to the satisfaction of the Boynton Beach CRA the reliability and
responsibility of the proposed subcontractors to furnish and perform the
Work described in the sections of the specifications pertaining to such
proposed subcontractor's respective trades. Prior to the award of the
Contract, the Boynton Beach CRA will notify the respondent in writing if the
Boynton Beach CRA, after due investigation, has reasonable and substantial
objection to any person or organization on such list. If the Owner has a
reasonable and substantial objection to any person or organization on such
10
list, and refuses in writing to accept such person or organization the
respondent may, at their option, withdraw the Proposal without forfeiture of
Proposal Security, notwithstanding anything to the contrary contained in the
Proposal Documents. If the respondent submits an acceptable substitute there
shall be no increase in the Proposal Price to cover the difference in cost
occasioned by such substitution. Subcontractors and other persons and
organizations proposed by the respondent and accepted by the Boynton
Beach CRA must be used on the Work for which they were proposed and
accepted and shall not be changed except with the written approval of the
Boynton Beach CRA.
3) Insurance. Contractor shall be required to provide the following insurance
coverages listed below. All required coverages shall be underwritten by
insurance companies that are licensed to do business in the State of Florida.
State approved excess and surplus lines insurers shall have a current rating of
A- or better by A.M. Best Company with a fmancial size category of Class
VIII or larger. All coverages must be provided on a primary basis.
a. Builder's Risk. Contractor shall purchase and maintain Builder's
Risk Insurance for all work to be prepared at the Site to the full
insurable value thereof. This insurance shall include the interest of
the Boynton Beach CRA, in the specific materials, construction,
labor and final built product, and shall insure against the perils of
fire, hurricane, flood, wind-driven rain and extended coverage and
shall include "all risk" insurance for physical loss or damage
including, without duplication of coverage, wind, theft, vandalism
and malicious mischief. If not covered under the "all risk" insurance
or otherwise provided in the Contract Documents, the Contractor
shall effect and maintain similar property insurance on portions of
the work stored offsite or in transit when such portions of the work
are to be included in an application for payment. The Contractor
shall be responsible for policy deductibles.
b. Commercial General Liability. Contractor shall maintain
Commercial General Liability at a limit of liability not less than
$1,000,000 Each Occurrence, and not less than $5,000,000 Annual
Aggregate. Coverage shall not contain any endorsement excluding
Contractual Liability or Cross Liability. The policy shall also provide
coverage for Completed Operations and Products Hazard.
c. Business Automobile Liability. Contractor shall maintain Business
Automobile Liability at a limit of liability not less than $1,000,000
Each Accident for all owned, non-owned and hired automobiles. In
the event Contractor does not own any automobiles, the Business
Auto Liability requirement shall be amended allowing Contractor to
agree to maintain only Hired & Non-Owned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General Liability or separate Business Auto coverage
form.
11
d. Worker's Compensation insurann & Employers Liability.
Contractor shall maintain Worher, (.ompensation & Employers
Liability in accordance wIth Florid<i ~tatute Chapter 440 and tht,
Federal Longshore and HarbO/' Workers' Compensation Act.
e. The following coverages are reollIred 1.1 aoplIcable
Environmental Impairment Liabilih
II Collapse. In the case l)j I! (jrading, paving, excavating,
drilling, tunneling, burrowing.. filling, backfilling, pile
driving or clearing land close enough to an existing building
or structure to cause damage, or (2) Moving, shoring,
underpinning, raising or demolition of any structure or
removal or rebuilding structural supports,
111. Underground. The use of mechanical equipment to grade,
pave, excavate, drill, tunnel, burrow, fill. backfill, pile drive
or clear land.
IV. Explosion. For the use or presence of dynamite or other
explosives or welding tanks or other containers of potentially
explosive substances.
v. Independent Contractor. The use of Subcontractors by the
Contractor to perform any of the Construction work.
4) Additional Insured. Contractor shall endorse the Boynton Beach CRA as an
Additional Insured in the CGL and workers compensation policies. The
Additional Insured endorsement shall read "Boynton Beach Community
Redevelopment Agency, a municipal corporation of the State of Florida, its
Officers. Employees and Agents." Contractor shall provide the Additional
Insured endorsements coverage on a primary basis.
5) Umbrella or Excess Liability. If necessary, Contractor may satisfy the
minimum limits required above for Commercial General Liability, Business
Auto Liability, and Employer's Liability coverage under Umbrella or Excess
Liability. The Umbrella or Excess Liability shall have an Aggregate limit not
less than the highest "Each Occurrence" limit for Commercial General
Liability, Business Auto Liability, or Employer's Liability. The City shall be
specifically endorsed as an "Additional Insured" on the Umbrella or Excess
Liability, unless the Certificate of Insurance notes the Umbrella or Excess
Liability provides coverage on a "Follow-Form" basis
6) Right to Review. The Boynton Beach eRA and/or the City of Boynton
Beach reserves the right to review, modify, reject or accept any required
policies of insurance, including limits, coverages or endorsements, herein
from time to time throughout the term of this Contract. Boynton Beach CRA
and/or the City of Boynton Beach reserves the right, but not the obligation, to
review and reject any insurer providing coverage because of its poor
financial condition or failure to operate legall)
12
7) Cancellation. Certificates of Insurance and a copy of all policies acceptable
to the Boynton Beach CRA shall be filed with the Boynton Beach CRA as
required above. These Certificates shall contain a provision that coverages
afforded under the policies will not be cancelled until at least thirty (30) days
prior written notice has been given to the Boynton Beach CRA. The
Certificate of Insurance shall also contain the following statement: "The
Boynton Beach Community Redevelopment Agency is an insured in
connection with work contracted to (Name of Contractor). This insurance
applies separately to the Boynton Beach CRA except with respect to limits of
liability and is primary."
8) Waiver of Subrogation. Contractor hereby waives any and all rights of
Subrogation against the Boynton Beach CRA, its officers, employees and
agent for each required policy. When required by the insurer, or should a
policy condition not permit an insured to enter into a pre-loss agreement to
waive subrogation without an endorsement, then Contractor shall agree to
notify the insurer and request the policy be endorsed with a Waiver of
Transfer of Rights of Recovery Against Others, or its equivalent. This
Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids
coverage should Contractor enter into such an agreement on a pre-loss basis.
9) Indemnification. Contractor shall defend, indemnify and hold harmless the
Boynton Beach CRA, and its officers, employees and agent from any and all
claims, liabilities, damages, losses and costs including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor and other
persons employed or utilized by the Contractor in the performance of the
contract. One percent (1 %) of the contract price represents specific
consideration to the Contractor for the indemnification set forth in the
contract.
B. TIME OF COMPLETION / CONSTRUCTION SCHEDULE / LIQUIDATED
DAMAGES
I) Contractor shall agree to commence work within ten (10) calendar days of
the Commencement Date as indicated in the written "Notice to Proceed"
provided by the Boynton Beach CRA, and achieve Substantial Completion
without interruption within one-hundred and eighty (180) calendar days
thereafter.
2) Final Completion shall be within thirty (~ calendar days of Substantial
Completion, and the Bidder agrees that if awarded the contract, it will
complete said work in accordance with both the Substantial Completion and
Final Completion date.
3) Should the Bidder/Contractor, or in the event of a default, its Surety, fail to
achieve certification of Substantial Completion by the date specified in the
written "Notice to Proceed," the Boynton Beach CRA will suffer damages,
the amount of which is difficult if not impossible to ascertain. Therefore, in
such an event, the Boynton Beach CRA shall be entitled to Liquidated
13
Damages as snecitiecl In tht' (ontract for each calendar day beyond tn, on,
of certification of Substantial Completion, until certification of SubstantJ.
Completion ano acceptance thereof have been granted by the Boynton Hea,
CRA. The Liquidated Damages rate is $3.000.00 per dav through the da1t
certification of Suhstantial Completion.
4) Liquidated Damages due to the Boynton Beach CRA may be deducted fw;
payments due the Bidder/Contractor, or may be collected trom tn
Bidder/Contractor or his Surety. The liability of the Bidder/Contractor ana Ie
Surety for clela\ damages shall be joint and several. These provisions 1','
liquidated damages shall not prevent the Boynton Beach CRA. in case of tl :
Bidder/Contractor's default, from terminating the right 01 l!!
Bidder/Contractor to proceed as provided in the General ConditlOns j
Constructi on
5) The Bidder/Contractor and Boynton Beach CRA agree that the rate set forth
herein is a reasonable estimate of the amount of damages which the Boynton
Beach CRA will suffer in the event the Bidder/Contractor does not time I)
complete the Contract. The Bidder/Contractor and Boynton Beach CRA
agree that these liquidated damages shall be assessed as damages, as
provided in the Contract Documents, and that they are not, and shall never be
considered to be a penalty.
C. BASIS FOR PAYMENT
I) Payment shall be made on the basis of prices given in the bid. Lump sum
prices shall be paid on a percentage complete basis. Unit prices shall be
applied to the actual quantities furnished and installed as specified in order to
determine payment. Retentions shall be as specified in the Contract.
D. ACCEPTANCE PERIOD
I) The Bidder shall maintain its bid for acceptance by the Boynton Beach CRA
for a period of not less than ninety (90) days following the date of the bid
opening. The Bid Guaranty required under Section VII.F., shall remain in
effect for this period.
E, KNOWLEDGE PRESUMED
I) Bidder is deemed to have knowledge of all applicable federal and state laws.
municipal ordinances and rules and regulations of all authorities having
jurisdiction over construction of the project.
F. ALTERNATES
I) Where a base bid is provided for, the Bidder shall submit a bid on the base
bid and may exercise their own prerogative in submitting an alternate bid but
must provide bid price for specified item and an alternative bid price. The
Boynton Beach CRA reserves the right to accept or reject the alternates or
base bid or any combination thereof. The Boynton Beach CRA, or its
authorized representative, further reserves the unqualified right to determine
14
whether any particular item or items of material, equipment, or whatsoever.
is an approved equal, and reserves the unqualified right to a final decision
regarding the approved or rejection of the same.
G. ASSIGNMENT
1) Any Contract or Purchase Order issued pursuant to this Invitation to Bid and
the monies which may become due hereunder are not assignable except with
the prior written approval of the Boynton Beach CRA.
H. DELIVERY
1) Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination
indicates that the Bidder/Contractor is responsible for the shipment until it
reaches its destination. Any and all freight charges, taxes, or storage fees are
to be included in the bid total. The Bidder's invoice payment terms must be
shown.
I. PAYMENT OF SUB-CONTRACTORS AND SUPPLIERS
1) Contractor shall provide copies of all sub-contractor fee proposals and
verification of payment of sub-contractors, and shall be provided concurrent
with invoices issued by the general contractor for payment. Failure to
provide required documentation of payment will result in a delay of payment
from the Boynton Beach CRA.
J. INDEMNIFICATION
1) The bid shall include an amount constituting sufficient consideration to
support the Contractor's obligation to indemnify the Boynton Beach CRA for
claims or actions from any claim demand or cause of action arising from any
act, omission or default of the Bidder/Contractor, Boynton Beach CRA, its
employees or agents, arising from the Contract or its performance.
x. RESERVATION OF RIGHTS
The respondent acknowledges the right of the Boynton Beach CRA reserves the right to
reject any and all responses received either in whole or in part, with or without cause, or
to waive any response requirement, informalities or deficiencies, in any response if such
action is deemed by the Boynton Beach CRA to be in the best interest of the project or
the Boynton Beach CRA.
The Boynton Beach CRA may, at its discretion, elect to waive any non-material
requirement, either for all responses or for a specific response. In addition, the respondent
recognizes the right of the Boynton Beach CRA to reject a Proposal if the respondent
fails to furnish any required Proposal security, or to submit the data required by the
Proposal Documents, or if the Proposal is in any way incomplete or irregular; to reject the
Proposal of a respondent who is not in a position to perform the Contract; and to re-
advertise for other Proposals or to accept the next responsive Proposal.
15
The Contract(s). ii awarded by the Boynton Beach CRA, will be awardeCl na:'(:;l] ,'I) rhe
procedures above. provided the Proposal meets the criterion specified 11(;'1'1':111 {lml 10 III tit,
best interest of the Bo:-mton Beach CRA, The Boynton Beach eRA re:,ene;. tnt' n~11l i
cancel tlle contract. or portions thereof, without penalty at any time, rhe bu\ mOll Benel
eRA reserves the right 10 withdra\\ this RFP either before or after recei\ lfW re"rJ(\!1~t
XI. EVALUATION AND RANKING PROCESS
A. Evaluation Committee. An Evaluation Committee shall be appolllted h\ the
Boynton Beach CRA Director. The Committee will consist at six (6) persons.
including public and private representatives. The Evaluation CommIttee shall revievv
and rank the respondents based on criteria listed below. Based on this ranking. the
Boynton Beach CRA shall negotiate with the highest ranked respondent. If
negotiations are unsuccessful with the highest ranked respondent, then negotiations
with the next highest ranked respondent shall begin. Upon conclusion of the
negotiations the Committee shall recommend to Boynton Beach eRA the award of
the contract.
B. Ranking Factors. Approved Proposals will be made on the basis of those proposals
which contain the most advantageous combination of design, price, proven
performance and service. The following items will be considered in this process
]) Contractor qualifications and experience, including type. size and complexil)
of projects, and quality of construction,
2) Contractor's financial capacity. (Contractor must be able to provide a bond
equal to the amount of their bid.)
3) Technical expertise in waterfront development projects.
4) Past and present development performance record (including ability to meet
stated goals and timelines),
5) Compatibility of the responses to the Boynton Beach CRA's goals and
objectives as set forth in the design documents,
6) Recommendations of references.
7) Other information as determined to be helpful 111 ascertaining the
qualifications of the respondent.
8) Language needed for consideration given to proxlmll)1 of Contractor to
project location as it affects the number of trips and distances traveled
relating to City's "Green" focus.
C. Ranking Process. Each member of the Committee will score the individual
proposals with assistance provided as needed. Each category will be scored and
tabulated to achieve the Total Points awarded to each Respondent. The Total Points
awarded will be ranked on a descending scale starting with number one ( I) being the
highest point total, number two (2) being the next highest. and so on Then the
10
ranking of each respondent from each Committee Member will be totaled to
determine the top ranking respondent.
D. Scoring. The Scoring Process is divided into five (5) categories based upon the
criteria described below. The maximum score is 100 points.
1) Qualifications of the Firm Total Points - 30
2) Bonding Capacity Total Points - 10
3) Assigned Staff Total Points - 15
4) Professional Approach Total Points - 20
5) Cost Fee Proposal Total Points - 25
E. Description of Categories.
1) Qualifications of Firm. 30 points possible.
a. Past, present and technical relevant building experience
The respondent shall demonstrate successful completion of previous
projects comparable in design, scope and complexity. Current
projects must be at least 50 percent complete to qualify for
consideration. The respondent should demonstrate successful
experience in marina and/or waterfront projects. List the projects
which best illustrate the experience of the firm and current staff
which is being assigned to this project. List no more than ten (10)
projects. Do not list projects which were completed more than five
(5) years ago.
1. Name and location ofthe project.
ii. The nature of the fmn's responsibility on this project.
111. Project owner's representative name, address and phone number.
IV. Project user agency's representative name, address, and phone
number.
v. Date project was completed or is anticipated to be completed.
vi. Size of project (gross square feet (GSF) of construction).
vii. Cost of project (construction cost).
viii. Work for which the staff was responsible.
viii. Present status of this project.
17
IX. Project Manager and other Key rrotessionals involved on listed
project and \vhn of that staff thm would be assigned to this
project
2) Bonding capacity. 10 pOmL\ fJoss;/J/i f 11e contractor will be required to
secure a bond for the total constructIon amount Each respondent shall
provide a statement from their bondmg agent or surety, licensed in the State
of Florida, addressed to the Boynton Beach eRA referencing the surety"s
rating and financial category, project name and number and amount of
reserve available to the completIon of this project. The requirement for
available reserve shall be based upon the total estimated cost for this project.
Respondents that provide a statement with all required information outlined
in this paragraph will receive the total point award, otherwise the point award
otherwise the point award will be zero.
3) Assigned Staff. 15 points possible. Include the general and specific project
related capability of the in-house staff and indicate the adequate depth and
abilities of the organization which it can draw upon as needed. This will
include management, technical, and support staff. Give brief resumes of ke)
persons to be assigned to the project including, but not limited to:
a. Name and title.
b. Location of office the person is assigned if other than main location
c. How many years with this firm?
d. How many years with other firms?
e. Experience.
f. Types of projects.
g. Size of projects (dollar value & GSF of project).
h. What were the specific project involvements?
I. Education.
J. Active registration and qualifications relevant to this project
k. Experience with state requirements for marine projects
I. Job assignment for other current prqjects.
m. Percentage of time to be assigned to this project.
For Section E.3 (Assigned Staff): Show the organization chart as it relates to
the project indicating key personnel and their relationship. It should be
understood that it is the intent of the Boynton Beach eRA to insist that those
indicated as the project team in this RFP response actually execute the
project
Ii<
4) Professional approach. 20 points possible. Identify how respondent
interacts and communicates with its clients. Demonstrate respondent's team
oriented approach. This category also includes the respondent's ability to
respond to construction issues, warranty issues and other project-related
issues, references and other additional information helpful in ascertaining the
qualifications of the respondent.
5) Cost Fee Proposal. 25 points possible. The Contractor shall provide a fully
detailed line item cost proposal that breaks down all materials, labor,
subcontracted labor or design services, permits, taxes and general
overhead/profit. All proposals are to use the digital template as provided by
the Boynton Beach CRA. Proposals not utilizing this digital format will not
be considered. All Proposals are to be inclusive lump sum proposals.
Contractor is to provide pricing based on the plan and specifications
provided. Any proposed alternatives to the base bid shall be listed
appropriately based on the cost proposal template. No alternatives are to be
included in the base bid. Final selection of the Contractor will not be based
upon fee only. The Boynton Beach CRA reserves the right, at the sole
discretion, to accept, reject or request clarification or revision of any cost
proposal submitted.
F. Negotiations. The Evaluation Committee may conduct interviews with the
respondents in an effort to further understand the proposals and qualifications of the
respondent. The Top Ranking respondent will be invited to negotiate a fmal contract
for presentation to the Boynton Beach CRA for consideration. If the Project Manager
and other key professionals involved on listed project and who of that staff that
would be assigned to this project.
G. Additional information. The Boynton Beach CRA reserves the right, before
awarding any contract, to require a respondent to submit such evidence of
qualifications and any current or updated information that was requested in the RFP
as it may deem necessary, and may consider any information available to it of the
financial, technical, and other qualifications and abilities of a respondent, including
past performance with other governmental/educational agencies. Respondents are
advised that requests for additional information or site visitations are not to be
construed as an indication that a respondent will receive or is in the best position to
receive a contract award.
H. Notice of Award. The Boynton Beach CRA will provide notice of its decision or
intended decision concerning the contract award by posting a notice on the main door
of the Boynton Beach CRA Office.
19
/'
-
Exhibit 1. M.arlDll Aerial Exhibit
, '
~i~RY~8~CRA
Ii East Skte-West Side..Seaslde Renaisnnce
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach. FL 3343:
Broadcast Date:
March 30, 2009
Project Title:
BOYNTON HARBOR MARINA SLIP RECONSTRUCTION
Bid Received By:
April 30, 2009. Proposals must be received in their entirety by the
Boynton Beach CRA no later than 4:00 p.m. (local time).
Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified
otherwise. Bid receiving date and time is scheduled for APRIL 30, 2009, NO LATER THAN
4:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and
time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton
Beach.
Name of Vendor:
Federal I.D. Number:
A Corporation of the State of:
Telephone Number:
(
)-
Fax Number: (
)-
Mailing Address:
City:
State:
Zip:
Vendor Mailing Date:
Authorized Signature
Name (Printed or Typed)
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
~~Y~r~ R,i~\
. East Side-We5tS'c~'w~cj<;irl" k~.,"',
ADDENDA
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENC~
BOYNTON BEACH, FLORIDA
Project Title
BOYNTON HARBOR MARINA SLIP RECONSTRllCTIOl'>
(project)
Name of Bidder
Date Submitted
We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community
Redevelopment Agency, in the Contract Form, to furnish all material, equipment, machinery,
tools, apparatus, means of transportation, construction, coordination, labor and services necessary
to complete/provide the work specified by the Contract Documents,
Having studied the documents prepared by:
(Name of Project Manager/Architect/Consultant)
And having examined the project site (when indicated in these specifications to do so). we
propose to perform the work of this Project according to the Contract Documents and the
following Addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Ii
~~RY~8~~CRA
Ii East Slde"'West Side"Seaside Ranaissancf
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
BOYNTON HARBOR MARINA SLIP RECONSTRUCTIOl'
Scope of Work: (Contractor to Write Scope of Work)
GRAND TOTAL:
s
Dollars
and
Cents
(amount written in words has precedence)
The undersigned Bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" has been awarded and shall achieve substantial completion without
interruption within one-hundred and eighty (180) calendar days thereafter.
Original and six (6) copies of bid submitted.
Attached is a computer-generated, horizontal bar chart showing proposed schedule of
work.
Schedule of Subcontractor(s) submitted.
Site Inspection Form submitted.
Evidence of possession of required licenses and/or business permits submitted.
The undersigned hereby represents that he has carefully examined the drawings and the Contract
including all Contract Documents, and will execute the Contract and perform all its items,
covenants and conditions, all in exact compliance with the requirements of the specifications and
drawings.
The Bidder, by and through the submission of his Bid, agrees that he has examined and shall be
held responsible for having theretofore examined himself as to the character of the route, location,
surface and underground obstructions, nature of the ground water table, conditions and all other
physical characteristics of the work in order that he may thereby provide for the satisfactory
completion thereof, including the removal, relocation or replacement of any objects or
obstructions which will be encountered in performing the proposed work.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Hi
.~~~~€~,.~B~~
,Bid f'/"O{PI\/li mlttnued)
rhe Bidder. tJ\ submission ofthis Bid, acknowledges that the Bidder has neen advised that in the
event that the Bidder contests the award of this Project to another Bidder. the Bidder damages, it
an:. are limited to actual Bid preparation costs, and Bidder hereo\ waIves am claim it may have
for other oamages coming from the Boynton Beach Communi!\ Reaevelooment Agency's failure
to award the Project Bidder.
Date
Name of Bidder, Corporation, Firm or Individual
By: ._____,____
Signature
Printed/Typed Name
Title
Telephone Number
Florida Contractor's License Number:
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
!\
~~R~8~ICRA
Ii East Sid@-WestSide-SeasideRenaissance
BID BOND
STATE OF
}
COUNTY OF
KNOWN ALL MEN BY THESE PRESENTS, tha:
as Principal, and
, as Surety, authorized to
do business in the State of Florida are held and fIrmly bound unto the Owner, Boynton Beach
Community Redevelopment Agency in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITON OF TillS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying bid, dated ,2009, for:
BOYNTON HARBOR MARINA SLIP RECONSTRUCTION
NOW THEREFORE,
A. If the Principal shall not withdraw said Bid within ninety (90) days after date of
opening the same, and shall within ten (l0) days after the prescribed forms are
presented to him for signature, enter into a written Contract with the Owner in
accordance with the Bid as accepted, and give bonds with goods and sufficient
surety or sureties, as may be required, for the faithful performance and proper
fulfillment of such Contract, then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
B. In the event of the withdrawal of said Bid within the period specified, or the
failure to enter into such Contract and give such bonds within the time specified,
if the Principal shall pay the Owner the difference between the amount specified
in said Bid and the amount for which the Owner may procure the required work
and supplies, if the latter amount be in excess of the former, then the above
obligations shall be void and of no effect, otherwise to remain in full force and
effect.
C. This bond is given to comply with Section 255.05, Florida Statues, and any
action instituted by any claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statues.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
v
'.. ~~Y~T2~ L Rl\
. East Side-Wen Side"'Seaside RenajS$~nCE
(Bid Bond Continued)
IN WITNESS WHEREOF. tilt abOw bounded parties have executed this mstrumel'
under their several seals this
(1(J \ , "
20.__" beinp i1erel
affixed and these presents duly signed t1\ it:" undersigned representative, pursuant to authonl\ f
its governing body.
PRINCIP AL:
WITNESS:
Name of Firm
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix seaL)
Witness Signature
Witness Signature
Signature of Authorized Officer (Affix Seal)
Title
Business Address
City and State
SURETY:
WITNESS:
Corporate Surety
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix seaL)
.------..--.-----.---.--..-.-- -.------------.--.-----.--.------ - . -
Witness Signature
Attorney-in-Fact (Affix Seal)
Name of Local Insurance Agency
Business Address
City and State
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
vi
,
~~RY~8~iCRA
. East Side"'WestSidll!"'Sea.side Renalnance
CERTIFICATE AS TO CORPORATE PRINCIPAL
L . certify that:
· I am the Secretary of the Corporation named as Principal in the within bond;
· who signed the said Bid Bond on
behalf of the Principal was then
of said Corporation;
· I know his signature and his signature hereto is genuine.
· Said bond was duly signed, sealed and attested for and in behalf of said Corporation by
authority of its governing body.
Secretary
(Corporate Seal)
STATE OF
COUNTY OF
)
)
Before me, a Notary Public duly commissioned, qualified and action, personally appeared
to me well known,
who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the
and that he has
been authorized by to execute the foregoing bond on
behalf of the Contractor named therein in favor for the Owner, the Boynton Beach Community
Redevelopment Agency.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
vii
", NY~Te~ ',- Rt\
. East Side-West Sid~-Se3sid~ R.,ena',~
ST A TEMENT OF BIDDER'S QUALIFICA TION~
Each Contractor biddmg on work included in these General Documents shall prepare anCl SLlbllll
the data requested in the follO\ving schedule of information
This data must be included In and made part of each Bid document. Failure to compl\ \\ Ith till'
instruction may be regarded as justification for rejecting the Contractor's proposal I; Attacl
additional sheets providing the infonnation I
L Name of Bid de:
2. Business Addres5
3,
When Organized
4.
Where Incorporated:
5.
How many years have you been engaged in the contracting business
under the present firm name?
years
6. General character of work performed by your company:
7. Enclose evidence of possession of required licenses and/or business permits, "
8.
Number of Employees:
9. Background and experience of principal members of your personnel (including officers). *
10. Bonding Capacity:
-_._-_._."--_..~_._,--_. ,-",~-'--' ".---..---.,.----...-., '~'_.----'-~- -_.~_...- -----.- ...,_."-_._-_._~.-
II. Have you ever defaulted on a contract? If so, where and why? *
Yes
No
12, Experience in performance:
$ Value
Contact Name
Phone #
Proiect
$____
S
$---
$
$
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
viii
~~
....-. ..,
~~RY~e~ICRA
iIIi East Slde"'West Side...Seaslde R.nailSanc'_
(Statement of Bidder's Qualifications Continued)
13. Experience in performance
Proiect
$ Value
Contact Name
Phone 'F
S
$
S
S
$
14. Contracts on hand. *
15. Largest completed projects (include final cost).
$ Final Cost
1)
2)
3)
16. List all lawsuits (design and/or construction related) or arbitrations to which you have been
a party and which: *
1) Arose from construction projects. *
2) Occurred within the last four (4) years.*
3) Provide case number and style. *
Dated at:
day of
,20_.
This
By:
Written Signature
Name:
Printed or Typed
Title
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ix
, ~~Y~Tp~ \<- Rl\
. b~t SICl",-Vyest s.;df"~~~'Js;df' ke:";)i~S~r1f.'_
BIDDER'S SITE INSPECTION CONFIRMATIO'
Each Lonrractor bidding on work included in these (jeneral Uocumemt> shall prepare and submit
the data requested in the following schedule of informat1\1i
Check ()lk
c
Non-Mandatory
X MandalO!
Project Title:
BOYNTON HARBOR MARINA SLIP RECONSTRUCTION
Bid Number:
# XXX-XXXX-XXX
Name and Title of Representative
as an authorized representative of
Name of Company
(hereinafter called the Bidder) located at
and that said
Company Address
Bidder has visited the site of the work and has carefully examined the plans and specifications for
said project and checked them in detail prior to submitting his Bid or ProposaL
Signature of Company Representative Named Above
Date of Inspection
Owner's Representative (Signature for Mandatory Only)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
\
;:> ,.
~IRY~8~k:RA
Ii East Slde"'West Side....Seaside I\enal$53nc:
NON COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF
COUNTY or
)
)
, being first duly sworn, deposes and says that:
1.
He is
of
(Title)
the bidder has submitted the attached Bid;
(Name ofCorporationlFirm)
2) He is fully informed, respecting the preparation and contents of the attached Bid and all
pertinent circumstances respecting such Bid;
3) Said Bid is genuine and is not a collusive or sham Bid;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit
a collusive or sham bid in connection with the Contract for which the attached bid has
been submitted or to refrain from bidding in connection with such Contract, or has in any
manner, directly or indirectly, sought by agreement, collusion, communications or
conference with any other Bidder, firm or person to fix the price or prices in the attached
Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price
or the Bid price of any other Bidder, or to secure through any collusion, conspiracy,
connivance or unlawful agreement any advantage against the
(Local Public Agency) or any person interested
in the proposed Contract; and
5) The price or prices quoted in the attached Bid are fair and proper, and are not tainted by
any collusion, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees or parties in interest, including this Affiant.
Signature
Title
Subscribed and sworn to before me.
This
day of
,20_
My Commission Expires:
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xi
<. ~~Y~2~ L. Rl\
. bst Side-WestSrde~~aside ~naisJ.;;':\C"
ANTI-KICKBACK AFFIDA vn
STA TE OF
COUNTY OF
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the Boynton Beach Community Redevelopment Agency as a
commission, kickback or reward of gift, directl.v or indirectly, by me or any member of my firm,
or by an officer of the Corporation.
B\
Signature
Title
Name (printed or Typed)
Title (printed or Typed)
Company (printed or Typed
Subscribed and sworn to before me.
This
day of
,20
My Commission Expires:
NOTARY PUBLIC, State of Florida at Large
"Official Notary Seal" Stamp
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xii
~.
~IR~8~iCRA
Ii &It Slde"'Wea; Side..Seaside Renalssa.n~4
SCHEDULE OF SUBCONTRACTS
Bidders are to submit a detailed listing of any Subcontractor(s) participation of any portion of this
project for any reasor..
Project Title:
BOYNTON HARBOR MARINA SLIP RECONSTRUCTION
Bid Number:
# xxx-xxxx-xxx
Main Contractor Name:
Name/Address/Phone of Type of Work to be
Subcontractor Performed Dollar Amount % of Total
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xiii
',. NY~T8~' R~~\
.. E:astSide"'West Side ""Seas.ldt' io(~'II,l"'"
CONFIRMATION OF DRUG-FREE WORKPLACE STATEMFf','
IDENTICAL TIE BID~
Preference shaH be given to businesses with drug-free workplace programs, W nenever t\\\, i 2 J ():
more bids, which are equal with respect to price, quality and service, are receIved 11\ the Bovnton
Beach Community Redeveiopment Agency or by any political subdivision for tile procuremeJ1l or
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the a~aro proces~
Established procedures for processing tie bids will be followed if none of the tied vendors have a
drug-free workplace program. In order to have a drug-free workplace program. a husllless shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the \vorkplace, and
specifying the actions that will be taken against employees for violations of such prohibition,
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under Bid a copy of the statement specified in subsection (I).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of or plea
of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance
law of the United States of America or any state for a violation occurring in the workplace no
later than five (5) days after such conviction.
5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section,
As the person authorized to sign the Statement, I certify that this firm complies fully with
the above requirements.
Vendor's Signature
Title
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xiv
~~flY~8~\CRA
. East Side-West SicN:-Seaside Renaissance
STATEMENT OF NO BID
If you are not bidding on this service/commodity, please complete and return this form to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Failure to respond may result in deletion of Vendor's name from the qualified bidder's list
for the Boynton Beach Community Redevelopment Agency.
Vendor/Company Name:
Mailing Address:
City:
State:
Zip:
Telephone Number:
(--> - -
Fax Number: (-> _ -
Vendor Signature:
Date:
WE, the undersigned, have declined to respond to your Bid # XXX-XXXX-XXX for the
BOYNTON HARBOR MARINA SLIP RECONSTRUCTION because of the following
reasons:
Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/
explain below).
Insufficient time to respond to the Invitation to Bid.
We do not offer this product or an equivalent.
Our product schedule would not permit us to perform.
We are unable to meet specifications.
We are unable to meet bond requirements.
Specifications unclear (explain below).
Other (specify/explain below).
REMARKS:
THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xv
XI. OLD BUSINESS:
D. Consideration of Work Order #08-0203 with
MSCW, Inc. in the Amount of $622, 671.00
~1~<tY~T8~ eRA
ill East Side-West S.,de-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Work Order #08-0203 with MSCW, Inc. in the Amount of
$622,671.00, for Professional Architectural and Engineering Services for the Development of Final
Construction Plans under the Marina Area Redevelopment Master Plan Project.
SUMMARY:
. At the August 2007 CRA Board meeting, MCSW, Inc. was authorized to perform conceptual
design services for the Master Redevelopment Plan of the Boynton Harbor Marina under Work
Order #07-0124.
. On May 13, 2008, the CRA Board approved Work Order #07-124.6700 with MCSW, Inc., to
provide construction drawings for the Boynton Harbor Marina Slip Renovation Project. The
Work Order authorized the preparation of plans and recommendations for slip changes, water &
electrical systems analysis and engineering, design/architectural drawings, construction
docwnents and specifications for the bidding of the project.
. In June 2008, the CRA Board approved the Boynton Harbor Marina Master Plan Conceptual
Design as presented by MSCW. The conceptual plan provided design elements for greater
pedestrian and public benefit while addressing enhanced fuel dock servicing needs. Additionally,
the plan provided concepts for parking and traffic flow.
. Under proposed Work Order #08-0203 (attached), MSCW, Inc., will provide all planning, civil
engineering, architectural, green design technology, landscape, electrical/mechanical, structural
and construction administrative services for the development of final construction drawings
based on the approved Marina Master Plan Conceptual Design.
FISCAL IMPACT: $622,671.00 from the 2007 PBC Waterway Bond Grant-$2,000,000 awarded
to the CRA.
RECOMMENDATIONS: Approval of MSCW, Inc. Work Order No. 08-0203 to prepare final
construction drawings for the Boynton Harbor Marina Master Redevelopment Plan in the amount of
$622,671.00.
,
./~~~
/4r~/- 'r~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agende Item Request Forms by MeetinglFY 2008 - 2009 Board Meetings\3-10-09 MeetingIMSCW WO #08-0203
for final design drawings for Marina Master Plen.doc
."0.
, '
,
(~
MSCW AGREEMENT FOR PROFESSIONAL SERVICES
MSCW, lne ("MSCW") and Boynton Beach Community Redevelopment ,\?cncy ("Cl1ent") enter Ultu
this Agreement and agree as follows:
1. PROJECT DESCRIPTION
MSCW No. 08-0203
MSCW is pleased to provide this proposal for professional design services to the Boynton Beach
Community Redevelopment Agency ("CRA") for the development of final construction plans for the
Boynton Harbor Marina redevelopment project, located off of Ocean A venue and immediately north of
the Ocean A venue Intracoastal bridge. The project site provides joint access to two (2) privately owned
restaurants and a recently constructed multi-story condominium building immediately to the west. Th1:--
developed site was purchased by the Boynton Beach CRA for the purposes of preservation of the
commercial fishing industry within the City and to provide public waterfront access and usable open
space. The services listed herein have been based on discussions with CRA and are based on the
conceptual master plan and design as previously prepared by MSCW under separate contract. Thi~
Agreement provides the following services:
.
Planning Services
Civil Engineering Services
Architectural Services
Landscape Architectural Services
Electrical Engineering Services
Structural Engineering Services
Construction Administration Services
.
.
.
.
.
.
Note:
1) Geotechnical engineering services and fountain plumbing/ electrical engineering design services
are not included in this scope of services. Once a more defmed scope can be determined for theslO
services, an Amendment to this Agreement will be required.
2) No surveying, platting, or legal services are included in this scope of services and are assumed tl)
be the responsibility of the Client.
The general scope of work for this Agreement includes the following:
1. Redesign and expansion of the parking lot serving the Banana Boat Restaurant.
2. Addition of parking stalls along 6th Avenue north of Ocean Avenue.
3. Reconfiguration of Casa Loma Boulevard and associated parking.
4. Design of the Harbor Marina Park which will exclude the following elements
a, final interactive fountain MEP design services
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b. Legal services for the development of the cross-access easements
c. Platting services
d. Title work
5. The landscape and hardscape landward of the seawall.
6. Modifications to the existing stormwater system serving the redevelopment area including
runoff from Ocean Avenue.
7. Modifications to the existing utility system to serve the new park and boat slips along with
adjustments in the existing utility lines due to the reconfiguration of the site.
8. Architectural plans for the following structures:
a. Existing dive shop
b. Harbormaster/ restroom/ retail building
c. Entrance signage
d. Vendor kiosk
e. Shade pavilions
f. Promenade structures
g. Overhead shade structures
The scope of work for each service is provided in Section II. of this Agreement.
II. SCOPE OF MSCW SERVICES AND FEES
A. Planning Services
1. Master Development Plan
MSCW No. 08-0203.6100
MSCW will prepare the final site master plan in accordance with all standards as
established by and required by the City of Boynton Beach. The overall master plan will be
prepared in a digital format and will be developed based on the final site survey previously
prepared by others. The master plan will be limited to the extents of the current Boynton
Marina parcel plus specific areas outside of the City-owned property that fall within
private property, specifically the Two Georges restaurant parcel, Banana Boat restaurant
parcel, and adjacent condominium parcel. All development outside of the limits of the
City-owned parcel will require sufficient easements and/or developers agreements with
these parcel Clients to permit final processing of the master development plan.
MSCW services described in this section will be performed for a lump sum fee of
$7,500.00, plus reimbursable expenses.
Boynton Beach Community Redevelopment Agency
Page 2 of 25
+750 New Broad Street. Orlando. FL 328,{. 877,672,9788' '~07,422,3330' www,MSCWinccolll
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2. Master Development Plan Approval
MSCW No. 08-0203.620t,
MSCW will submit the final master development plan to the City of Boynton Beach I',
final approval. Based on previous meetings with City planning and engineering staff, t1l1
application will not be required to foUmv the standard development plan applicatJ()'
process, and will, in fact, be revIewed and processed as a City-owned parcel developmell ,
This process allows for internal City staff review and waiver approvals as deemc(i
necessary based on constrained site conditions. Based on this process, the sHe
development plan approval process will be exempt from following standard vananu
processing which requires multiple public hearings. MSCW will coordinate with City staH
and CRA staff during this process III address specific concerns as well as address minOt
amendments to the master site plan as deemed necessary by City and CRJ\ staff
Substantial redesign of any po1'tion of the master development plan is neither anticipated
nor included as part of this process based un previous meetings with City and eRA staff.
MSCW will attend up II> three ()) 1I1ternal staff meetings and one (1) final CIty
Commission meeting to represent this project to secure filial development plan approval
j\ny meetings required beyond those provided above will be billed on an hourly rate basis
in accordance with Section VII of this agreement.
MSCW services described in thIS section will be perfOl"med for a lump sum fee ul
$15,000.00, plus reimbursable expenses
B. Engineering Design Services
1. Preliminary Site Investigation/Engineering Analysis
MSCW No. 08-0203.2000
a. Preliminary Site Investigation
During the Site Investigation, MSCW shall perform the following services:
.
Review the existing approved construction plans/as-built drawings for the
adjacent infrastructure; obtain and review Water Management District ("WMD")
permits, J\rmy Corp of Engineer ("ACOE) permits, Florida Fish and Wildlife
Conservation Commission ("FFWCC") permits; review utility plans for the
adjacent roadways and development.
Research Florida Department of Transportation ("FDOT") drainage plans,
records, and calculations to determine the amount of offsite stormwater that is
being accommodated onsite and the best course of action for fur tho
improvemen ts,
Coordinate with the geo-technical engineer as to the reguired boring locatlom
and preliminary engineering draw down analysis.
.
.
Boynton Beach Community Redevelopment Agenc)
Page 3 of 2."
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b. Preliminary Engineering Analysis
Upon receipt of authorization to proceed for this task from the Client, MSCW will
initiate the work necessary to assist the Client in the review of the proposed concept
plans. It is anticipated that this work will include a preliminary grading of the site,
preliminary utility (sewer, potable water and reclaim water) analysis, turning
movement analysis, parking requirements, and parking lot review and development
of roadway cross sections consistent with City Development Regulations. The
preliminary grading analysis will be based on geotechnical and survey information, as
provided by the project team, and grading criteria established by the Client. The
Consultant will also schedule and attend a pre-application meeting with the WMD,
FDOT, and ACOE to discuss the project and solicit input from each agency. Upon
completion of the preliminary engineering review, MSCW will review the findings
with the Client and project team and provide recommendations regarding the
concept plan.
MSCW services described in this section will be performed for a lump sum fee of
$12,500.00, plus reimbursable expenses.
2. Civil Infrastructure Utilities Master Plan (Schematic Design Plan 30%
Construction Plans)
MSCW No. 08-0203.2451
Upon receipt of the Client-approved concept plan and completion of the preliminary
engineering analysis, MSCW will prepare a civil infrastmcture master plan (in digital
format) for the proposed project. MSCW will utilize the following information supplied
(in digital format) by the other consultants: boundary survey; topographic survey; wedand
limit boundaries; development program; architectural drawings; and preliminary
geotechnical information. The Civil Infrastructure Master Plan will be prepared in
accordance with the City's Development Regulations. The plan will include the
building(s), roadway network, parking areas, parks/open space, location of stormwater
management areas, grading buffers, and preliminary utility layout. Upon completion of
the Civil Infrastructure Master Plan, MSCW will submit to the Client for review and
approval.
MSCW services described in this section will be performed for a lump sum fee of
$16,180.00, plus reimbursable expenses.
3. Civil Engineering Design Development Documents (60% Construction Plans)
MSCW No. 08-0203.2111
Utilizing the approved Civil Infrastructure Master Plan, MSCW will initiate civil
engineering design activities, as required, to prepare the civil engineering design
Boynton Beach Community Redevelopment Agency
Page 4 of 25
'li50 New Brmld Streel' Orlando. FL 3281f' 877,672,9788' 407,+22,3330' www,I'vlSC\Vinccoll1
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documents for purposes of permitting through the WMD. These desl,en documents \\ Iii
provide sufficient detail of the site pavement, drainage, and gradl11g [mOt' \\nnCflT'
associated with the development tu obtain permits and approvals through the \\/M 1
Therefore, the engineering plans will be designed in accordance with the Wlvll ; and (It i
criteria. It is assumed that the entire site will be permitted as one (1) pha'"
Upon completion of the drainage plans and permit applications and review bv the Clienl.
MSCW will make application to the WMD for an Environmental Resource Permit
("ERP"). Any revisions to the base plan resulting from new or additional informatioll
after the submission and approval of the schematic drawings will be performed as
Additional Services, in accotdance with Section VII of this Agreement. Any additional
work tasks that may be required due to third party objectors are specifically excluded from
this scope of work and will be performed upon authorization by the Client as I\dditionai
Services, in accordance with Section vn of this Agreement.
MSCW services described in tlllS f\greement will be perfotmed for a lump sum fee ()j
$25,400.00, plus reimbursable expenses,
4. Preparation of Final Civil Engineering Construction Documents (100%
Construction Plans)
MSCW No. 08-0203.2410
Utilizing the approved design documents, MSCW will prepare the civil engineenng
construction documents. The engineering plans will be designed in accordance with the
WMD and City criteria. The civil engineering plans will include the following:
. On site grading plans for roadway and parking areas within the parcel detailing
pavement, yard, pond, and minimum building finish floor elevations
· Onsite drainage plans and details
· Onsite sewer, water, and reclaimed water plans and details
· Plan and prof1le drawings for the onsite roadways
· Intersection improvements at points of ingress and egress
. Horizontal geometry plan (all building locations/ corners will be provided by the
project surveyor)
· Technical specifications for civil site work
· Roadway cross sections, where appropriate
· Roadway striping and regulatory signage
. Concrete pavement design including expansion and contraction jOl11ts (as
provided by the project geotechnical engineer)
· Sleeves under pavement
Boynton Beach Community Redevelopment AgenC)
Page 5 of 25
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MSCW will coordinate with the other consultants regarding the locations of these utility
systems. These utility systems will be designed by others and include, but are not limited
to, the following:
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Primary electrical distribution system including transformers and pad mounted
switches
Telecommunications distribution systems
Roadway lighting feeder system
Electric ductbank conduit system including roadway lighting
Fireline system
Chilled water system (if applicable)
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Any revisions to the base plan resulting from new or additional information after the
submission and approval of the design drawings will be performed as Additional Services,
in accordance with Section VII of this Agreement.
MSCW services described in this Agreement will be performed for a lump sum fee of
$29,920.00, plus reimbursable expenses.
5. Civil Engineering Construction Permitting
MSCW No. 08-0203.2211
MSCW will coordinate the submission of fInal engineering plans for fInal construction
permitting to the necessary governing agencies. MSCW will address staff comments and
make minor amendments to the design based on written staff comments. In the event
major amendments to the design are required based on governmental requests and/or
Client direction or information not originally included as part of the original survey
documentation, MSCW will perform these services as Additional Selvices, in accordance
with Section VII of this Agreement.
MSCW selvices described in this Agreement will be performed for a lump sum fee of
$7,500.00, plus reimbursable expenses.
Boynton Beach Community Redevelopment Agency
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6. Civil Engineering Pre-Construction Bidding Services
MSCW No. 08-0203.2510
Upon receIpt of the necessary construct1on permits, MSCW will PWVlCl(. \ (Instruction
administration services as follows:
a. Pre-Construction Bidding Services
MSCW will provide the following pre-construction bidding serVlCe'
(1) MSCW will attend one (1) pre-bid solicitation meeting coordmated by the
Client or Client's representative to review the scope, expectations, and
schedule for the project with the selected bidders,
(2) As requested by the eRA or City staff~ MSCW will attend one (1) pre
construction conference with representatives of the selected contractor, the
City, and utility pl'Oviders,
(3) MSCW will provide civil engineering construction plan bid documents for
soliciting bids from qualified contractors.
(4) MSCW will respond to formally submitted Requests for InfolmatlOn ("RFIs"
from the selected bidders and issue Client-approved addenda to the bid
documents,
(5) MSCW will review the bids for general consistency with design and technical
specifica tions.
MSCW services described in this Agreement will be performed for a lump sum fee (>t
$3,900.00, plus reimbursable expenses,
C. Landscape Architecture Services
1. Landscape Architectural Schematic Design Plans (30% Construction Plans)
MSCW No. 08-0203.6400
Based on the approved conceptual design plans and approved Master Development Plan,
MSCW will prepare schematic landscape architectural design plans which will include the
following:
a. Hardscapej Area Development Plans and Detailing
.
Coordination with project architect for integration of all hardscape and
architectural elements
Boynton Beach Community Redevelopment ,\gency
Page 7 of 25
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Research, coordination and selection of fabric shade structures and manufactures
(MSCW will provide material boards depicting recommended shade structure
models, mounting methods, shade structure material, and color selections)
Location and layout of specialty interactive fountain feature element
Research information and fabrication recommendations for sculptural fish
structures
Dimensional layout of entry signage feature
Entry feature sign age elevations and sections (final structural plans by
architectural sub-consultant)
Buffer screen wall elevations, plan layout, and applicable sections
Dimensional layout of specialty hardscape elements: retaining walls, planters, seat
walls, stairs, and ramps
Hardscape pedestrian paving layout
Detailed Site furnishing and materials boards depicting materials, sizes, fmishes,
colors, and fabrication methods for review and approval by CRA staff
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b. Landscape Area Development Design Plans
· Schematic landscape planting plans locating all planting areas
· Research and nursery investigation for specimen material availability and contract
grow capabilities
· Photo image boards of the selected plan materials for review and approval by
CRA staff
· Irrigation schematic design plans
· Irrigation research as to system design requirements and potential point of
connection
· Irrigation main line routing
· Irrigation sleeve location and coordination with civil engineering plans
MSCW services described in this section will be performed for a lump sum fee of
$26,000.00, plus reimbursable expenses.
2. Landscape Architectural Design Development Plans (60% Construction Plans)
MSCW No. 08-0203.6410
Based on the approved schematic design plans, MSCW will prepare the design
development plans for the project. Completion of design development plans will
constitute sixty percent (60%) design document completion. The landscape architectural
design development plans will include the following:
a. Final Geometry Plans
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Primary entry feature signage element horizontal control plans
Pedestrian park plaza area and sidewalk horizontal control plans
.
Boynton Beach Community Redevelopment Agency
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Specialty paving area(s: 11On:wntal control plans
Shade structure(s) honzc.ntal control plans
Fabric Shade StructUtf honzontal control plans
Interactive fountain horizontal control plans
Sculpture horizontai c< '11ln'; plane
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b. Hardscapej Area Development Plans and Construction Details
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Coordination with project architect for integration of all hardscape anu
architectural elemen ts
Buffer screen wall plan, elevation and sections (as required by code) (final
structural wind load calculations by others)
Stmctural plans, elevations, and sections for specialty hardscape elements
retaining walls, planters, scat walls, stairs and ramps
Detailed specialty pavement design plans and sections
Stmctural mounting element(s) plans, elevations and sections (as required by
code)
Shade Structure detailing plans
Sculpture stmctural mounting/ detailing plans
MSCW will coordinate with the selected fountain designer for the horizontal and
structure design requirements for all necessary vault, plumbing, and electrical
supply requirements and coordinate such requirements with all design team
members necessary to provide connection services
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c. Hardscape Technical Specifications and Details
MSCW will prepare the draft technical specifications for the hardscape are~1
development construction plans to include applicable material specifications and
schedules, finish schedules, and other applicable information,
d. Landscape Plans
Based on the Client-approved landscape architectural concept plans, MSCW will
prepare landscape constmction final planting plans that will show the location of
proposed trees, shrubs, and ground cover, and will include a plant list indicating the
botanical and common names of plant material as well as proposed sizes, planting,
and tree protection details.
The following planting plans will be prepared:
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Primary project entry planting plans
Typical building foundation planting plans
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Boynton Beach Community Redevelopment Agency
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· Overall common area planting plans
· Parking perimeter and island planting plans
e. Landscape Technical Specifications and Details
MSCW will prepare draft technical specifications for the landscape constlUction
plans, to include applicable planting details and staking criteria, soil testing
requirements, minimum soil amendment criteria, and appropriate warranty periods.
Based on the Client-approved landscape architectural hardscape and landscape final
construction and planting plans, MSCW will prepare site-specific landscape irrigation
final constlUction plans that will accommodate the future growth patterns of the
selected plant material.
f. Irrigation Design Plans
MSCW will prepare landscape irrigation design development construction plans that
will indicate the irrigation system point(s) of connection (as provided by the project
engineer), location(s) of control panel(s), and locations and routing of all sleeves,
piping, and valve locations in sufficient detail to define the requirements for
construction.
g. Irrigation Technical Specifications and Details
MSCW will prepare draft technical specifications for the irrigation constlUction plans
to include applicable installation details and warranty periods.
Any modification to the digital landscape base ftles or landscape design required due to
architectural or engineering design revisions or updated survey plans will be performed as
Additional Services, according to Section VII of this Agreement.
MSCW services described in this section will be performed for a lump sum fee of
$27,500.00, plus reimbursable expenses.
3. Landscape Architectural Final Construction Plans (100% Construction Plans)
MSCW No. 08-0203.6420
Based on the approved design development plans, MSCW will prepare the final landscape
architectural construction plans for the project. Completion of Final Conslluction Plans
will constitute one-hundred percent (100%) design document completion. The Landscape
Architectural Final Construction plans will include the following:
Boynton Beach Community Redevelopment Agency
Page 10 of 25
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Final Geometry Plans
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Primary entry feature sign age element hOrIZontal control plans
Pedestrian park plaza area and sidewalk hom:ol1tal control plans
Specialty paving area(s) horizontal control plan
Shade structul'e(s) horizontal control plan-
Fabric shade structure horizontal control plan-
Interactive fountain horizontal control plan'
Sculpture horizontal control plans
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h. Final Hardscape/ Area Development Plans and Construction Details
.
Coordination with project architect for lntegration of all hardscape and
architectural elements
Buffer screen wall plan, elevation and sections (as required by code) (fmal
structural wind load calculations by others)
Structural plans, elevations and sections for specialty hardscapc elements:
retaining walls, planters, seat walls, stairs, and ramps
Detailed specialty pavement design plans and sections
Structural mounting element(s) plans, elevations, and sections (as required by
code)
Shade structure detailing plans
Sculpture structural mounting/detailing plans
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MSCW will coordinate with the selected fountain designer for the horizontal and
structure design requirements for all necessary vault, plumbing, and electrical supply
requirements and coordinate such requirements with all design team members
necessary to provide connection services. Cross reference of fountain vault and
subsurface plumbing routing will be coordinated and shown on final plans a-;
deemed necessary.
c. Final Hardscape Technical Specifications and Details
MSCW will prepare the required fmal technical specifications for the hardscape area
development construction plans to include applicable material specifications and
schedules, finish schedules, and other applicable information.
d. Landscape Area Final Construction Plans
Based on the Client-approved landscape architectural design development plans,
MSCW will prepare landscape construction final planting plans that will show the
location of proposed trees, shrubs, and ground cover and will include a plant list
Boynton Beach Community Redevelopment Agenc)
Page 11 of 2<;
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indicating the botanical and common names of plant material as well as proposed
sizes, planting, and tree protection details. The following planting plans will be
prepared:
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Primary project entry planting plans
Typical building foundation planting plans
Overall common area planting plans
Parking perimeter and island planting plans
.
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e. Landscape Technical Specifications and Details
MSCW will prepare the necessary final technical specifications for the landscape
construction plans to include applicable planting details and staking criteria, soil
testing requirements, minimum soil amendment criteria, and appropriate warranty
periods.
Based on the Client-approved design developmentlandscape architectural hardscape
and landscape design development plans, MSCW will prepare site specific landscape
irrigation final constlUction plans that will accommodate the future growth patterns
of the selected plant material.
f. Final Irrigation Construction Plans
MSCW will prepare landscape irrigation fmal construction plans that will indicate the
irrigation system point(s) of connection (as provided by the project engineer),
location(s) of control panel(s) as coordinated with the project architect and electrical
engineer, and locations and sizing of irrigation pipes, valves, sleeves, and heads in
sufficient detail to defme the requirements for construction.
g. Irrigation Technical Specifications and Details
MSCW will prepare the necessary fmal technical specifications for the irrigation
construction plans to include applicable installation details and warranty periods.
Separate main line routings and system design are not included in this scope of
services. This scope of services is based on the assumption that all irrigation will be
connected to either a potable water source or a reclaimed water source with
sufficient operating pressure. Design for well systems, pump stations, and/or mixed
irrigation supplement systems will be performed as Additional Services in accordance
with Section VII of this Agreement.
Boynton Beach Community Redevelopment .\gency
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This scope of services is based on the assumption that this project Will bc oesif,TIled and
permitted as one (1) phase, Should the project be designed and permitted 111 more thaI'
one (1.1 phase, an Amendment t() thi~ Agreement detailing the additional servtcco requireri
for multi-phase design and permitting will be required.
Any modification to the digital landscape base flies or landscape design requlled due t()
architectural or engineering design revisions or updated survey plans will be performed a~
Additional Services, in accordance with Section VII of this Agreement
MSCW services described in this section will be performed for a lump sum fee 01
$43,000.00, plus reimbursable expenses
4. Landscape Architectural Construction Permitting
MSCW No. 08-0203.6500
MSCW will coordinate the submission of final landscape architectural plans for permitting
to the necessary governing agencies. MSCW will address staff comments and make minor
amendments to the design based on written staff comments, In the event major
amendments to the design are required based on governmental requests, Client direction
or information, not originally addressed as part of engineering, architectural, mechanicaL
electrical, plumbing ("MEP"), design, or survey documentation, MSCW will perform
these services as Additional Services, in accordance with Section VII of this Agreement
MSCW services described in this section will be performed for a lump sum fee of
$4,500.00, plus reimbursable expenses.
5. Landscape Architectural Pre-Bidding Services
MSCW No. 08-0203.6600
a. Pre-Construction Bidding Services
MSCW will provide the following pre-constlUction bidding service:-:
(1) MSCW will attend one (1) pre-bid solicitation meeting coordinated by the
Client or Client's representative to review the scope, expectations, and
schedule for the project with the selected bidders.
(2) MSCW will provide landscape architectural construction plan bid documents
for soliciting bids from gualified contractors.
(3) MSCW will respond to formally submitted Requests for Information ("RFls")
from the selected bidders and issue Client-approved addenda to the bid
documents.
Boynton Beach Community Redevelopment Agency
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(4) MSCW will critically review the bids for compliance with design and technical
specifications, and prepare a cost comparative bid analysis among selected
bidders for Client review.
MSCW services described in this section will be performed for a lump sum fee of
$3,900.00, plus reimbursable expenses.
6. Themed Signage Construction Plans
MSCW No. 08-0203.6700
Based on the approved conceptual sign age plans previously prepared, MSCW will prepare
final construction plans for the following site signage elements:
a. Master project entry identification signage (schematic design only; final construction
design by project architect)
b. Themed interior vehicular directional sign age elements
c. 'Themed pedestrian directional signage elements
d. Historical informational! educational kiosk
e. Public park identification signage
Construction Plans will include design physical layout, dimensioned plan/ elevation and
sectional plans fabrication plans. MSCW will also prepare the necessary structural
foundation/ footer design plans for each free standing or structural signage element. Plans
will be prepared and submitted concurrently with other progress plan submissions for
Client review and comment.
MSCW subconsultant services described in this section will be performed for a lump sum
fee of $16,750.00, plus reimbursable expenses.
7. Site Lighting Photometric Design Plans
MSCW No. 08-0203.6800
MSCW will coordinate the preparation of site photometric lighting plans through a
subconsultant for the purposes of submission and development approval through the City
of Boynton Beach. The lighting plans will utilize a fixture that has been found acceptable
by the current utility service provider.
MSCW services described in this section will be performed for a lump sum fee of
$2,800.00, plus reimbursable expenses.
8. Landscape Area Lighting Design Plans
MSCW No. 08-0203.6900
MSCW will prepare site landscape area lighting plans for the purposes of submission and
development approval through the City of Boynton Beach. The lighting plans will be
prepared to meet all current design standards as established by the City of Boynton Beach
Boynton Beach Community Redevelopment Agency
Page 14 of 25
t750 New Broad Street. Orlando, FL 3281<(,' 877,67'2,9788' ..07...2'2.3330' www,?\;/SCWinceom
and will be designed based on the, 1I1,,,Jll<U UJllccptual design as approved by the Boyntn:
Beach CRA. All fixtures will be selected !);{scd on site specific location, desired lightin,lC
aesthetic effects, and maintenance ~:llsta !l1ability based on the high salt and wind condiu01
that are typical of this site 10carH>'
MSCW services described in thIs sectIOll will be performed for a lump sum fee (> t
$2,880.00, plus reimbursable expen~{'
D. Sub consultant Services
1. Architectural/Engineering Design Services
MSCW No. 08-0203.8000
MSCW will retain the services of an architectural subconsultant to provide professional
architectural and associated architectural engineering design services as described in
Exhibit "c" attached to this agreement. A summary of the architectural subconsultant
deliverables include the following:
a, Development of full architectural plans for the 2-story harbormaster/restroom;
concession building to be located east of the parking drop off-loop and within the
waterfront park area.
b. Development of full architectural plans for the limited renovation design of th('
existing dive shop building.
c Development of full architectural plans for the pedestrian shade structures located
along the frontage of both the nortb and south sides of the marina basin and the tW( I
(2) shade pavilion structures located along the Intracoastal waterfront.
d. Development of fmal architectural plans for the entry sign age monument structure
MSCW subconsultant services described in this section will be performed for a lump sum
fee of $178,060.00, plus reimbursable expenses.
2. Electrical Circuitry Design Plans
MSCW No. 08-0203.8100
MSCW will provide the final electrical circuitry design based on the approved architectural
program, site area lighting design, landscape, and signage area lighting plans and
anticipated program for the future water feature electrical supply needs. As such:
a. Electrical engineering subconsultant will evaluate the site electrical needs based Oil
the architectural plans provided, the proposed site lighting design, the proposed
landscape lighting design and future needs of the proposed water feature element(s)
based on current electrical supply. Electrical subconsultant will coordinate with the
Boynton Beach Commwuty Redevelopment Agency
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local electrical services company to verify current electrical supply to the project site
and advise the Client as to the site electrical supply methods and requirements that
will be needed to accommodate the proposed lighting design.
b. Electrical engineer will coordinate with the local public utility company to locate
existing power supplies and confIrm power requirements for all site lighting and
decorative landscape and hardscape lighting.
c. The electrical engineer will coordinate with MSCW to accommodate necessary site
lighting and landscape lighting plan revisions based on recommendation and final
electrical circuitry design criteria.
d. The electrical engineer will coordinate with an independent fountain design/
engineering consultant to determine the electrical supply needs for the future
proposed interactive fountain element to make sure that ample power supply will be
accommodated for and electrical supply is stubbed out for future connection.
e. Electrical engineer will provide sleeving plan for all site and decorative landscape
lighting layout.
f. Electrical engineer will provide the necessary site electrical circuitry design plans to
provide power supply to all architectural structures, site lighting poles and bollards,
decorative landscape lighting, and stub-out power supply to one (1) future interactive
fountain element. (Note: all power supply will be stubbed out to within fIve (5)
stiuctures and fountain elements (architectural and fountain element MEP to provide
internal service connections as necessary)).
g. The elect11cal engineering consultant will coordinate the submission of final electrical
circuiti-y design plans for permitting to the necessary governing agencies. MSCW and
its electrical engineering subconsultant will address staff comments and make minor
amendments to the design based on written staff comments. In the event major
amendments to the design are required based on governmental requests, Client
direction or governmental agency requests that cause substantial changes to original
civil engineering, architectural, landscape architectural or fountain engineering plans,
the electrical subconsultant will perform these services as Additional Services, in
accordance with Section VII of this Agreement.
Note: for the purposes of this agreement, it is assumed that a power supply connection is
accessible to this project site and that no offsite design will be required. Additionally, it is
assumed that no redesign of existing systems will be required.
MSCW services described in this Agreement will be performed for a lump sum fee of
$22,500.00, plus reimbursable expenses.
Boynton Beach Community Redevelopment Agency
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+750 New Broad Stl'eet. Ol'lando, FL 3281+' 877,672,9788' ,107-422,3330' www./o..ISCWinccoll1
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3. Structural Engineering Design Plans
MSCW No. 08-0203.8200
MSCW will coordinate ail site structural engineenng with a stluctural engineering
subconsultant. Structural engineering subconsultant will provide all necessary struchlral
engineering plans and peer reviews of landscape architectural and engineering plans.
Stmctural engineering plans/peer review will be provided for site elements such as
retaining wails, screen walls, seat walls, planters, and entry signage element (total of one
(1)). No structural engineering for marina seawall or other waterward construction design
has been included as part of this scope and is assumed to be provided under separate
agreement
Note: This scope excludes all architectural sttuctural engineering design which has been
included as part of the architectural scope of services,
MSCW services described in this Agreement will be performed for a lump sum fee of
$14,500.00, plus reimbursable expenses.
E. Subconsultant Contract Administration
1. Subconsultant Contract Administration
MSCW No. 08-0203.7100
MSCW will coordinate with the design subconsultants throughout the course of the
project design, permitting, and construction phase of this project. Additionally, MSCW
will coordinate all internal accounting, pay request reviews, and transmittal of
subconsultant information to the Client during the course of the project MSCW will
coordinate and review ail staff report and plan mark ups with the design team, as
necessary,
MSCW services described in this section will be performed for a lump sum fee of
$21,506.00 (ten percent 10% of subconsultant fees), plus reimbursable expenses. (Note:
This fee is based on a standard industry average of 10% of total subconsultant fees,)
BOj'nton Beach Community Redevelopment '-\,gency
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F. Project Initiation and Closeout Documentation
1. Project Schedule Development
MSCW No. 08-0203.6000
At the onset of the project, MSCW will develop a detailed project milestone schedule that
will outline various design tasks, time frames for design development, interim intemal
quality control reviews, interim City staff submissions for review and comment, milestone
schedule deadlines for progress completion phases of this project, public involvement
meetings, and City CRA Board meetings. MSCW will keep this document current in
response to all City staff meetings, interim design reviews, and CRA Board reviews and
directives. A digital copy of this document will be made available to the City Project
Manager for review and scheduling, as necessary, during the design process.
MSCW senrices described in this section will be performed for a lump sum fee of
$2,800.00, plus reimbursable expenses.
2. Project Closeout Documentation
MSCW No. 08-0203.7200
MSCW will assemble and provide to the Client the following documentation at the end of
the project:
a. Full digital ftle documentation of all plans, reports, permits, field notes, photos,
construction reports, and project correspondence. All plans will be provided in a
*.PDF format capable of being read by Adobe Viewer or other similar digital
programs.
b. Two (2) reduced format (11 "x17") copies of all plans, permits, and reports.
c. Two (2) full-size format copies of all plans.
MSCW services described in this Agreement will be performed for a lump sum fee of
$2,000.00, plus reimbursable expenses.
G. Construction Administration Services
1. Civil Engineering Construction Administration Services
MSCW No. 08-0203.2511
a. Construction Site Observation
MSCW will provide the following construction site observation services:
(1) MSCW will provide "for constiuction use" final civil engineering plans in
accordance with Section II.A.4 of this Agreement for use by the Client and the
Client's contractor.
Boynton Beach Community Redevelopment Agency
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(2) MSCW will reVJew, ,.ntracl' '1"" "hop drawings for site civil engmeennv relatt.,.
1tem~
(3) MSCW will respond to Requests for Information (RFI's) from the selecteu
contractor. It is assumed that these RFI's will be limited to clarificat10n of the
approved construction documents. Any RFI's pertaining to new or revJsed
design by others subsequent to the approved construction documents will bt
performed under a separate Amendment.
(4) Based on an estimated six-month construction period, MSCW will conduct up
to twenty (20) construction site visits as follows:
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Sixteen (16) mid-construction observation visit(s) for purposes of observlt1g
consuuction progress, and project coordination meetings
Two (2) pre-fmal observation visit(s)
Two (2) final observation visit(s)
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Upon completion of construction and upon receipt from Client's contractor of an tla~
built" survey signed and sealed by a professional licensed surveyor identifying actual as-
built conditions, MSCW will prepare Record Drawings, and submit a letter of substantial
completion and related close-out documents to the City as requested.
It is assumed that the contractor or other consultant will prepare and process the National
Pollutant Discharge Elimination System ("NPDES") Notice ofIntent ("NOI") alongwitl1
performing weekly monitoring and file for the Notice of Termination ("NOT"). MSCW
will provide base files of the construction plans as needed to assist in this task
MSCW services described in this Agreement will be performed for a lump sum fee ot
$32,000.00 (assuming a six (6) month construction duration), plus reimbursable expenses
2. Landscape Architectural Construction Administration Services
MSCW No. 08-0203.6601
a. Construction Assistance/Site Observation
MSCW will provide the following construction assistance and site observation
serviCes:
(1) MSCW will provide "for construction use" final landscape architectural plam
in accordance with Section II.B.4. of this Agreement for use by the Client and
the Client's contractor,
(2) MSCW will review contractor shop drawings during the const1Uction process
Boynton Beach Community Redevelopment Agency
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(3) Prior to and during site construction, MSCW will provide up to a maximum of
thirty-six (36) hours of material acquisition assistance in the form of material
field selections and approvals. This service is provided to avoid construction
and operational delays caused by contractor delivery of substandard materials.
(4) Assuming a construction time frame of no more than six (6) months, MSCW
will conduct periodic obselvation visits up to twenty-four (24) construction
site visits as follows:
.
.
Nineteen (19) mid-construction observation visit(s)
Two (2) pre-final landscape and irrigation observation visit(s)
Two (2) pre-fmal hardscape observation visit(s)
One (1) final landscape, hardscape, and irrigation observation visit(s)
.
.
.
(5) MSCW will prepare construction observation reports that identify deviations
in construction from the fmal approved design plans. The construction
observation reports will include suggested measures to correct and/ or mitigate
as appropriate identified deviations. All reports will be submitted to the Client
for review and approval prior to distribution to the contractor for field
revision and compliance.
(6) Upon completion of construction and receipt from the contractor of "as-
built" plans identifying as-built conditions, MSCW will prepare "Record
Drawings," conduct the final site visit, and submit a letter of substantial
completion.
(7) Due to the nature of landscape and irrigation construction, a letter from the
project contractor certifying that the as-built plans are accurate and correct will
be required in lieu of field survey. An as-built survey signed and sealed by a
professional licensed surveyor identifying actual as-built conditions will be
required for all hardscape construction elements.
MSCW services described in this section will be performed on an hourly rate basis
according to Exhibit "A" with a budget estimate of $46,000.00, plus reimbursable
expenses.
Boynton Beach Community Redevelopment Agency
Page 20 of 25
+750 New Broad Street. Orlando, fL 328r+' 877.672,9788' '107.422,3330' www.lv!SCWinccoll1
H. Meetings and Hearings
1. Government, Client, Project Coordination Meetings and Hearings
MSCW No. 08-0203.0710
MSCW principals and! or project managers will prepare for and attend required meeting~
to represent the project. In addition, MSCW will meet with the Client and the other
project team members, as necessary, tu ensure that the necessary information is being
provided in a timely manner. Anticipated in this scope of work are the following meetings:
a, One (1) Schematic Design Meetings with Design Team and eRA Staff
b, Two (2) Design Development Meetings with Design Team and CRA Staff
c. Two (2) Final Construction Plan Development Meetings with Design Team and
CRA Staff
d. Attendance at up to four (4) additional meetings with CRA staff
e. Attandance at up to three (3) eRA Board meetings
f Five (5) coordination meetings with Project Architect and other design team
members at MSCW offices or ;\tchitect's office.
MSCW senrices described in this section will be performed on an hourly rate basis
according to Exhibit "A" with a budget estimate of$37,200.00 (assuming a six (6) month
construction duration), plus reimbursable expenses.
III. TIMING
MSCW will begin work seven (7) days after MSeW's receipt of this executed Agreement. MSCW
understands the significance of the project schedule and will use its best efforts to perform the services
in an attempt to meet the project schedule. After consulting with Client, MSCW shall establish a
mutually agreeable timetable to perform its services,
IV. INSURANCE
During the course of performing services under this Agreement and for a period of one (1) year
thereafter, MSCW shall maintain a minimum of$2,000,000 in professional malpractice insurance. Client
agrees that MSCW's liability for any damages, attorney fees, and costs on account of any error, omission
or other professional negligence shall be limited to a sum not to exceed the limits of MSCW's insurance
coverage, or 50% of the construction value of the portion of the project designed by MSCW under this
Agreement, whichever is less. If Client elects to have higher limits of professional liability insurance
. than carried by MSCW, Client shall notify MSCW and Client shall pay the cost of such additional
premium at the time of executing this Agreement. During the course of performing services under this
Agreement, MSCW shall also maintain a minimum of $1,000,000 in general comprehensive liability
lOsurance.
Boynton Beach Community Redevelopment Agency
Page 21 of 25
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V. OUTSIDE CONSULTANTS AND SERVICES
MSCW's services are limited to those services specified in Section II of this Agreement. Client
recognizes that other services, costs, and expenses for outside consultants and outside services may be
required but are not included in this Agreement. Client shall contract directly with all such outside
consultants and outside service providers. MSCW shall not be liable for the perf01mance of any outside
consultant or outside service provider's work or services, nor be liable for paying the invoices of same.
VI. REIMBURSABLE EXPENSES
MSCW No. 08-0203.0800
Reimbursable expenses are charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses
include, but are not limited to, all prints and reproduction costs associated with reports, prints and
reproducibles; postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment
rental; and expenses for travel outside a thirty (30) mile radius of the home office ofMSCW's employee
performing the travel (to include food, transportation, lodging, tolls and mileage).
Reimbursable expenses are in addition to all the lump sum and hourly fees above.
VII. ADDITIONAL SERVICES
MSCW No. 08-0203.0900
Services not specifically included in Section II will be performed upon Client's authorization as
additional services on an hourly fee basis, plus reimbursable expenses according to Exhibit "A." Fees
quoted by MSCW for services under this Agreement are based on the information provided by Client
and 011 agency regulations and policies in force as of the date of this Agreement. Should Client's
infOlmation not be accurate or should changes in these regulations and policies take place during the
course of MSCW services herein which result in additional MSCW work requirements, Client shall pay
MSCW the reasonable additional cost of same according to Exhibit "A." Any service tasks that may be
required due to third party objectors, Chapter 120 F .S. Hearing Requests, Appeals to the Governor and
Cabinet, and other third party appeal processes shall be considered additional services. Preparing for or
serving as a witness in any litigation, arbitration, or other legal or administrative proceeding arising out
of the project or MSCW's services shall also be an additional service to be paid by Client according to
Exhibit "A."
Boynton Beach Community Redevelopment Agency
Page 22 of 25
'n50 New Bro~d SI!'eel' Orlando, FL 3281{' 877,672,9788.407-422,3330' www,;"'ISCWinceoll1
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VIII. PAYMENl
MSCW invoices will be submitted to Client every four (4) weeks and payment IS due Within thirty (30!
days of the date of invoice. Invoicing for lump sum projects will be based on the estimate of percentage
of services completed through the service date as referenced within the invoice. Invoicing for hourly
projects will include all hours chargeable through the service date as referenced within the invoice. It
payment is nut received within thirty (30) days from date of the invoice, services will stop until the total
unpaid balance has been received. The performance of MSCW services contemplated in the project
schedule will be subject to Client's payment of fees within the above described thirty (30) day period
An interest rate of 1 Y2% will be applied to any outstanding balance 1n excess of sixty (60) days from tht
date of invoice, computed from thirty (30) days from date of invoice,
IX. ADVANCE RETAINER
Due to the Client's established relationship with MSCW, the requirement for an advance retainer 1S
hereby waived.
X. GENERAL CONDITIONS
The General Conditions attached as Exhibit "B" are a part of this Agreement and are incorporated
herein,
XI. CLIENT INFORMATION
Client information is currently on f1le with MSCW, No additional information is required with this
Agreement.
Boynton Beach Commuruty Redevelopment Agetlc)
Page 23 of 25
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XII. MSCW FEE SUMMARY
MSCW Scope of Services
DESIGN SERVICES (ENGINEERING AND LANDSCAPE ARCHITECfURE)
A. Planning Services
6100 Master Dcydopment Plan
6200 Master Dc\-e1opment Plan Approval
Total Planni7lg Services
Lump Sum/Hourly
Fee
Lump Sum
I.ump Sum
57,500
$ 15,00U
$22,500
B. Engineering Services
2(KJO Preliminary Site Inyestigation/Engineering Analysis
2451 Ch'il Infrastructure Utilites Master Plan (Schematic Design Plan) (30.'.)
2111 Preparation of Ch'il Engineering Design De\'elopment Documents (60%)
2410 Preparation of Final Ch.il Engineering Construction Documents (1000'0)
2211 Chi) Engineering Construction Permitting
2510 Ciyil Engineering Pre-Construction Bidding Seryices
Total Engineeri7lg Services
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
512,5110
516,180
S25,400
529,920
57,500
53,9111l
$95,400
C. Landscape Architectural Services
6400 Landscape Architectural Schematic Design Plans (300.'0)
6410 Landscape Architectural Design Development Plans (600.,,)
6420 Ix'\ndscapc Architectural Final Construction Plans (100.0)
65110 I.andscape Architectural Construction Permitting
6600 Landscape Architectural Pre-Bidding Services
6700 Themed Signage Construction Plans
6800 Site Lighting Photometric Design Plans
6900 Landscape Area I .ighting Design Plans
Total Landscape ArcIJitectl/ral Services
] Almp Sum
Lump Sum
] .ump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
$26,000
527,500
543,000
54,500
53,900
S16,750
52,800
52,880
$127,330
D. Electrical & Structural Engineering Services
8100 Electrical Circuitry Design Plans
8200 Structural Enginecl'ing Design Plans
Total Electrical & Strnctnral Engineerillg Seroices
DESIGN SERVICES (ENGINEERING AND LANDSCAPE ARCHITECTURAL) SUB.TOTAL
Lump Sum
Lump Sum
522,500
S14,500
$37,000
$282,230
CONSTRUCTION AND SUBCONSULTANT ADMINISTRATION AND MEETINGS
E. Subconsultant Contract Administration
7100 Subconsultant Contract Administration
Total SubconSl/ltant Contract Administration
Lump Sum
$21,506
$21,506
F. Project Initiation and Closeout Documentation
6000 Project Schedule Deyelopment
7200 Project Closeout Documentation
Total Project Initiation and Closeout Documentation
] Almp Sum
Lump Sum
S2,81K I
52,lKlO
$4,800
G. Construction Administration Services
2511 Ch.il Engineering Construction Administration Services
6601 Landscape Architectural Construction Administration Services
Total Constmction Administration Seroices
Lump Sum
Houri)' (Budget Estimate)
S32,000
S46,OO(l
$78,000
H. Meetings & Hearings
0710 Government, Client, Project Coordination Meetings and Hearings
Total Meetings & Hearings (Budget Estimate)
CONSTRUCTION AND SUBCONSULTANT ADMINISTRATION AND MEETINGS SUB-TOTAL
Ilourly (Budget Estimate)
5137,200
$37,200
$141,506
TOTAL MSCW l)ESIGN, ADMINISTRATION AND It(EETING SERVJCES .
$423;736
Boynton Beach Community Redevelopment Agency
Page 24 of 25
,1,750 New I3road Street. Orlando, FL 3'2814,' 877,672.9788' 407-422,3330' www,l\,lSCWinccom
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Approved and Accepted thl~ ______ (jay (
MSCW,INC.
By:
David A. Perry, RLA, ASLA Date
Studio Leader
Urban Design/Landscape Architecture
By:
R. Lance Bennett, P.E.
Vice Ptesiden t
Date
By:
Kevin T. Walsh, P.E. Date
Executive Vice President & CO.O,
.,...___,__..._____,2009.
BOYNTON BEACH
COMMUNITY
REDEVELOPMENT AGENCY
By:
Signature
!)a tc
Printed Name
Title
Boynton Beach Community Redevelopment Agenc)
Page 25 of 2~
+7:iO i\Tcw l3road SUt"et. OrJitndo, FL 3'28J4. H7'.7.(1;~.9'/8R. ..}.(J7 4-'22 'd30' W\\W i\.lS(:\Villc rC-J1t~
II.
EXHIBIT "A"
2008 - 2009 MSCW HOURLY RATE/DIRECT COST SCHEDULE
Category
Expert Witness & Testimony
Preparation for Deposition/Trial
Senior Principal
Team/Resource Leader
Senior Studio Leader
Studio Leader
Team/Resource Manager
Client Relationship Manager II
Studio Manager
Senior Economist II
Senior Project Manager II
Senior Project Manager I
Senior Economist I
Project Manager
Client Relationship Manager I
Senior Transportation Designer II
Senior Engineering Designer II
Senior Project Engineer II
Senior Designer II
Senior Planner II
GIS/CADD Manager
Construction Services Manager
Senior Transportation Designer I
Senior Engineering Designer I
Senior Project Engineer I
Senior Planner I
Senior Designer I
Transportation Designer II
Engineering Designer II
Senior Landscape Architect
Prelim Subdiv Plan Coordinator
Research Economist
Hourly
Rate
$400.00
300.00
235.00
205.00
205.00
205,00
185.00
185.00
185.00
165.00
165.00
155.00
150.00
140.00
140.00
135.00
135.00
135.00
130.00
130.00
130.00
125.00
125.00
125.00
125.00
120.00
120.00
120.00
120.00
120.00
115.00
115.00
Categoty
CADD Team Supervisor
Transportation Designer I
Engineering Designer I
Senior Scientist
Senior Technician II
Senior GIS Technician II
IT Manager
Construction Selvices Coordinator
Project Engineer
Planner II
Designer II
Project Landscape Architect
Staff Engineer
Planner I
Designer I
Economist
Associate Scientist
Senior Technician I
Senior G IS Technician I
Professional Staff
LA Designer
Environmental Specialist
Permitting Coordinator
Engineering Technician
Planning Technician
G IS Technician
Executive Assistant
CADD Technician
Administrative Assistant
Office Assistant
Research Assistant
Hourly
Rate
$115.00
115.00
115.00
110.00
110.00
100.00
100.00
100.00
100.00
100.00
100.00
95.00
90.00
90.00
90.00
90.00
85.00
85.00
85.00
80.00
80.00
75.00
75.00
70.00
70.00
70.00
70.00
60.00
55.00
50.00
50.00
Reimbursable expenses arc charged Oil a direct cost basis times a multiple of 1.1, Reimbursable expenses include, but arc not limited
to, all prints and reproduction costs associated with reports, prints and reproducibles, postage and shipping; long distance calls;
laboratory analysis; field kit charges; equipment rental; and expenses for travel outside a thirty (30) mile radius of the home office of
i\[SC\1(I's employee performing the travel (to include food, transportation, lodging, tolls and mileage),
In cases where overtime work is performed by hourly paid employees, it shall be billed at a rate of one and one-half (1 '12) times the
standard hourly rates.
[Jourly rates arc in effect through September 30, 2009, Rates shall be revised annually, effective October 1 ".
+i50 New B,'oad SI,'eel' Orlando, FL 32814,' 877.672,9788' '107.4-22,3330' \\'\\'w.i\ISCWinccom
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EXHIBIT "F'
GENERAL CONDITIONS TO AGREEMENT
Chent or a duly authorized representative is responsible for provldl11g MSC\XI W1th a cleal understanding of the Project
nature and scope, Client shall supply }.fSCW with sufficient and adequate information to allow i\ISCW to properly
complete the specified services, Client shall also communicate changes in the nature and scope of the Project as soon a~
possible during performance of the services so that the changes can be incorporated into the work product
2, Services performed by MSCW under this Agreement are to be conducted 10 a manner consIstent with the level of care
and skill ordinarily exercised by members of MSC\Vs profession practicing contemporaneously under similar conditions
in the locality of the Project No set of Project plans are perfect No warranty, expressed or implied, is made, Client
recognizes and understands that the design and construction process is complicated and that once Project plans arl
finalized that changes in the Project plans are a normal process and will become necessary due to subsurface conditions,
new information, changed conditions, governmental requirements, conflicts with existing conditions, mistakes, errors,
ornissions and other issues. i\ISC\'V will correct any errors, mistakes, or omissIons in its Project plans for no additional
fee, but shall not be responsible or liable for the construct1on costs of changes reyuired by same or other damages,
), Client recognizes that subsurface conditions (soils, underground utilities, water tables, ete.) may not be known or ma\,
vary from those observed at locations where borings, sUlveys, studies, or other explorations are made, and that site
conditions may change with time, Client understands and recognizes that such work may not reveal all nor any
subsurface conditions, Client shall not hold I\ISCW liable for failure to locate or determine the presence of such
subsurface conditions, Intelpretations and recommendations by 1v1SC\)(I will be based solely on information available to
i\1SC\'i/ at the time of the selvices,
4, Client will grant or obtain free access to the Project site III a timely manner for all equipment and personnel necessary fOI
1\ISCW to perform the services set forth in the Agreement
5, In the event Client has not paid a MSCW invoice within 30 days, then upon seven (7) days written notice, MSCW mal
suspend all selvices and work. Client agrees that MSCW shall not be liable for any damages or delays caused by MSCW\
suspension of such services and work. :tvfSCW shall not recommence services and work until Client has paid all past due
invoices in fulL Client shall be responsible for and shall pay to MSCW, all of MSCW's reasonable attorneys' fees, court
costs, expenses, and 11SC\Vs employees' time, in the event MSC\V' is required to take any actIOn to collect past dm
invoices, In addition, all invoices not paid within 30 days shall bear interest at 1.5% per month.
6. ,\11 reports, plans, specifications, field data, field notes, drawings, calculations, estimates, and any other documents
prepared by MSCW are and shall remain the property of MSC\V Client is granted a non-exclusive license to utilize th(
documents prepared by MSCW only for the specific Project set forth in this Agreement
7. Client agrees that all documents furnished to Client, which are not paid for, shall be returned upon demand and will not
be used by Client for any purpose.
8, j\ISC\'V will store all documents, drawings, and files related to the work performed pursuant to this Agreement for a
period of seven (7) years after substantial completion of the Project or seven (7) years after completion of MSCW's work
if a substantial completion certificate is not issued. At the end of the seven (7) year storage period, r-lSCW shall discard
and destroy all said documents, drawings, and files. During the seven (7) year storage period upon reasonable notice and
request, and as long as Client has paid all invoices, Client shall be free to inspect and copy any such stored documents,
drawings, and flies at Client's expense,
9 i\ISC\Vs drawings, records, and documents shall not be used by Client on any other Project, for additions to the ProjeCt
or for completion of the Project, unless approval is granted in writing by IvlSC\V
10, Client may not delegate, assign, sublet or transfer its duties or interest in the .\greement without the written consent of
MSC\V
17~O i'\('\\ BrOtlc! Stn>f'(' ()rl.l11do Fl T7.8!l' g77 b7'J LJ7f)H' -10", I')? 333()' ~\'W\\' ~d~('\ril1r ( In
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1 L The laws of the State of Florida shall govern this .\greement Venue for any dispute shall be in the courts of Orange
County, Florida. However, no suit shall be ftled in any court until after Client and MSCW have completed mediation of
the dispute. :Mediation shall be conducted pursuant to rules of practice and procedure of the Florida Supreme Court.
TIle cost of the mediator shall be split equally between the parties.
12. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the
remaining provisions shall not be impaired. Limitations of liability and indemnities shall survive termination of the
Agreement, regardless of cause of termination.
13. MSCW does nlli supervise the work of contractors. MSCW shall not, during site visits or as a result of observations of
any contractor's work in progress, supervise, direct or have control over said contractor's work nor shall MSC\V have
authority over or responsibility for the means, methods, schedule, techniques, sequences, or procedures of construction
selected by said contractor or safety precautions and programs incident to the work of the contractor or for any failure of
the contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor furnishing
and performing its work. Accordingly, MSCW does not warrant or guarantee the perfOlmance of the construction by any
contractor nor shall MSC\V have any responsibility for any contractor's failure to furnish or perform its work in
accordance \vith the Contract Documents. Client shall not hold MSCW responsible for any contractor's failure to timely
perform or complete the work.
14. Review of shop drawings shall not extend to means, methods, techniques, sequences or procedures of construction or to
safety precautions and programs incident thereto.
15. By recommending any payment to a contractor or subconsultant, i\ISCW shall not thereby be deemed to have
represented that continuous or detailed reviews or examinations have been made by MSC\V to check the quality and
quantity of said work, only that the work has progressed to the point indicated.
16. MSC\V may recommend that Client retain various other consultants to perform certain work such as soil borings,
surveys, studies, and/or investigations. Client shall not hold MSCW responsible and MSCW shall not be liable to Client
for the acts, errors, or omissions of any contractor, subcontractor, consultant, service provider, or supplier, or their
agents and employees, or any other person (except MSCW's own employees).
17. Since MSCW has no control over the cost of labor, materials, equipment, or services furnished by others, or over any
contractor's of determining prices, or over competitive bidding or market conditions, MSCW's opinions of Project costs
and construction costs are made on the basis of MSCW's experience and qualifications and represent MSCW's best
judgment as professional engineers familiar with the construction industry; but IvISCW cannot and does not guarantee
that proposals, bids, or actual Project or construction costs will not vary from opinions of costs prepared by MSCW. If
prior to the bidding or negotiating phase Client wishes assurance as to Project construction costs, Client shall employ and
pay an independent cost estimator.
18. Since MSC\V has no control over government regulations and decision making, MSCWs op1n1ons on whether any
potential Project or development proposal will gain governmental approval are based on MSCW's experience and
qualifications and represent MSCW's best judgment as professional planners and/or engineers (depending on the
contracted-for services); but MSCW cannot and does not guarantee that any governmental approval will be obtained.
19. In the event Client selects, specifies, or directs MSC\V to utilize a specific product, system, or methodology in a design,
then Client shall assume responsibility and liability for the performance of such product, system, or methodology and
shall not hold MSCW liable for any failure of that particular product, system, or methodology to perfOlm properly.
20. Either party may terminate this Agreement without cause upon giving the other party seven C1) days written notice. In
the event of termination, MSCW will be paid for all services and reimbursable expenses completed through the date of
termination based on the percentage of work completed at the time of termination or Exhibit "A" as the case may be. As
long as 1ISC\V has been paid to date, Client will have the right to receive copies of drawings, calculations, and documents
regarding services performed up to the time of termination.
Exhibit "B" General Conditions to Agreement
'1-750 New Bro"d So'eet. O,'lando, FL 3281+' 877,672,9788' '107.4-22,3330' www,MSC\-I'inccom Page 20f3
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21 J\1SC\'V covenants and agrees that it shall not (l1S(nnl1na,<: aga1J1s1 any emplovn ('l 'lpPllcanr I( t:mployment t" :
employed In the performance of this Agreement with respect to hiring, tenure, terms, condItions, Ot privileges ,
employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (exccp!
where based on a bona fide occupational qualification); or because of marital status, race. C0101, rel1gion, national origIn,
or ancestto,
22, I\ISCW's oplllions concerning environmental regulatory matters, wetland junsd1CllolL wetland pennJtllng, wetland
mitigation requirements, water quality, and threatened and/or endangered species, are provided based on data, SHe
conditions, and information available on the date of our sIte review. These opinions are for general planning PUrpOSb
only, and should not be used as a fmal determinant of regulatory agenc)' position, fmal development potential. ,,;
appraisal purposes, The fmal extent of agency wetland jurisdiction or mitigation proposal can only be determined
through field location of the wetland limits and on-site agency review and approval of those limits, and are only valid for
the length of time as allowed by the regulatory agenc)'- Threatened and endangered species dctermlnatioIl is subject tr,
regulat01Y changes and the natural mobility and movement of animal species, 'I'Ve do not and will not make any suI've\'
review, or investigation into hazardous wastes,
23. The rates, fees, and prices set forth in the ,\greement are valid for 30 days from MSCW's transm1ttai of the A.greement tu
Client. If Client executes the ,\greement or provides an Authorization to Proceed to MSC\'{1 more than 30 days after
i\ISC\':{l's transmittal of the ,\greement to Client, then the fees and prices shall be subject to change and rconegotiated
24. TIle lump sum fees and budget estimate fees set forth in the Agreement are valid for eighteen (18) months after the date
of signing of the ,\greement by both parties, regardless of the term of the ,Agreement or duration of ,\ISeW's service,
Thereafter, the lump sum fees and budget estimate fees shall be subject to change and re-negotiated
25, The rates, fees, and prices set forth in this Agreement do not include pennit, applicatlon, or filing fees, Client shall lw
responsible for the payment of same
26, Client agrees that l\ISCW is currently and is free at any time in the future to provide services to other j\ISC\Xi clients fOI
Projects in the same geographic area as Client's Project. In the event that this Agreement is terminated for a11Y reaSOll,
Client agrees that MSCW is free to provide services to other MSCW clients for Projects for the same property or in tk
same location as Client's Project. Client understands that j\ISCW cannot disclose to Client our other clients' confident1al
intentions, proposed uses, valuations, and business relationships regarding their Projects, Likewise, j'vISC\XI cannot
disclose Client's similar confidential information to other MSC\'V clients. MSCW believes that this non-disclosure or
confidential information will not influence l'vISCWs professional engineering judgment or the quality of the servIces
provided to Client. Client agrees to waive any conllicts of interest created or related to the above.
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Exhibit "R" (;eneral Conditions to ,\grCCI11C11I
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EXHIBIT "C~'
Architectural Subconsultant Deliverables
25 November 2008
David Perry, P.E.
MSCW
4750 New Broad Street
Orlando, Florida 32814
Re: Proposal for ArchitecturallEngineering Services
Boynton Beach eRA - Marina Master Plan
Boynton Beach, Florida
Proposal No. P08-084 (Revision No.2)
Dear Mr. Perry:
We are pleased to submit this revised proposal for providing professional architectural and
engineering services including Schematic Design (30%), Design Development (60%),
development of Final Construction Documents, Permitting, assistance in
Bidding/Negotiation of a Contract for Construction and Construction Administration
Services for the Boynton Beach Marina located on the Intracoastal Waterway in Boynton
Beach, Florida. Marina design elements will include the following:
a. Renovate Existine: Dive Shop - Design services associated with one (1) building
as programmed for the Master Plan.
b. Harbormaster/Restroom/Retail Buildine: - Design services associated with a two
(2) story structure as programmed for the Master Plan.
c. Entrance Sie:nage - Design services associated with an entrance sign as
programmed for the Master Plan near the main entrance off of Ocean Avenue.
d. Vendor Kiosk - Design services associated with one (1) typical Vendor Kiosk as
programmed south of the existing Dive Shop.
e. Shade Pavilion - Design services associated with one (1) typical shade pavilion
as programmed for the Master Plan on the east edge of the marina near the
waterfront.
f. Promenade Structure - Design services associated with one (1) typical
promenade structure as programmed for the Master Plan on the north and
south edge of the marina near the Dive Shop.
+750 t\ew Broad Slreel' Orlando, Fl. 3281+' 877,672,9788' .~07A22.3330' www,)o.,ISCWine-com
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25 November 2008
David Perry, P.E.
Page Two
Our scope of services for this project will include the following based on the document:-
provided by MSCW, Inc. on 16 July 2008 and the scope dated 01 October 2008:
1.0 SCOPE OF WORK:
1.1 Attend one (1) initial meeting with the Client (MSCW/CRA/City of Boynton Beach)
to discuss scope of services, phasing and time schedule for the project.
1.2 Site Analysis: Attend one (1) meeting to analyze the existing building conditions
and their suitability to be used for future marina use.
Part I - Schematic Design Documents (30% Construction Document Submittal)
1.3 Development of Schematic Design Documents (30% Construction Document
Submittal) illustrating the floor plans and elevations of the Dive Shop,
Harbormaster/restroom/retail building, entrance sign, vendor kiosks and covered
pavilions including structural, mechanical, electrical and plumbing design to a point
five (5) feet outside of the building line.
1.4 Development of colored exterior elevations and related material for submission to
City of Boynton Beach Site Plan Review. Attend three (3) meetings for
Governmental approval presentations/meetings including Site Plan Approval,
Community Redevelopment Agency Appearance Board and Planning and Zoning
Commissions.
1.5 Attendance at one (1) review meetings (in Boynton Beach) with the team to
coordinate the development of the project, including the following:
a. One (1) 30% Schematic Design Submittal review.
Part II - 60% Construction Documents
1.6 60% Construction Documents -, Based on the approved 30% Construction
Documents, prepare 60% Construction Documents for the project including
architectural, building structural, mechanical and electrical engineering to a point
5' outside of the building line.
Boynton Beach Community Redevelopment Agency
Exhibit "G'
Page 2 of k
4750 New Bl"O(\d Sll'eet . OrlC\ndo. FL 1(2~1'1 . K77 h72 97SR' -11)7 ,12'2 :~33()' \\'\\'\\ \ISC\'\lnc.tCitli
@
25 November 2008
David Perry, P.E.
Page Three
1. 7 Client ReviewlMeeting - The 60% Construction Document submittal will be
distributed by MSCW, Inc. to applicable City Staff for review. The City of Boynton
Beach/CRA will provide the Project Team with one consolidated set of written
comments and/or marked up drawings prepared by City Staff. Based on this list of
comments, meet with the CBB/CRA one (1) time to review. Additional revisions or
changes in response to subsequent review comments requested by the Client shall
be provided as an Additional Service.
1.8 Coordination Meeting - Attend a coordination conference call/meeting to verify
all review comments from the 30% construction documents submittal are addressed
and incorporated into the 60% construction documents submittal.
1.9 Revisions in response to the review comments will be incorporated into the Final
Construction Documents.
Part III - Final Construction Documents
1.10 Final Construction Documents - Based on the reviewed 60% construction
documents, prepare Final Construction Documents including architectural, building
structural, mechanical and electrical engineering for the project.
1.11 Client/Review Meeting - The Final Construction Document submittal will be
distributed by MSCW, Inc. to applicable City Staff for review. The CBB/CRA will
provide the Project Team with one consolidated set of written comments and/or
marked up drawings prepared by City Staff. Based on this list of comments, meet
with MSCW/CBB/CRA one (1) time to review and discuss the comments. Revisions
in response to the review comments will be incorporated into the Final Construction
Documents. Additional revisions or changes in response to subsequent review
comments requested by City of Boynton Beach/CRA shall be provided as an
Additional Service.
The documents will be suitable for bidding and construction of the design elements
of the project as detailed in this scope of services. Coordination of all disciplines in
accordance with Florida Administrative Code (FAC 61-G 1).
Part III Deliverables - As a result of these tasks, plans will be presented on 24" x 36"
sheets at a appropriate scale and posted on the MSCW/FTP project site.
Boynton Beach Community Redevelopment Agency
Exhibit "e"
Page 3 of 8
'~750 !'\ew Bro"d Street. O,.)"ndo, FL 3'281{' 877,672,9788' ,~07A22.3330' www.MSCv..inc.com
.'<F
J
~5 November 2008
David Perry, P.R
Page Four
Part IV - Permitting
These services are contingent upon the client giving written direction to proceed.
1.12 Building Permit - Provide three (3) signed and sealed sets of Final Construction
Documents for submittal to the Building Department for building permitting,
Respond to questions prepared by the City's Building Department. Revise drawings
one (1) time, for issuance of a building permit. Additional revisions or changes in
response to subsequent review comments by the Client shall be provided as an
Additional Service.
1.13 Coordination Meeting - Attend one (1) coordination meeting/conference to verify
that all review comments from City Building Department are addressed and
incorporated into the Issued for Bid Construction Document submittal
Part V - Bidding Assistance/Contract Negotiation
These services are contingent upon the client giving written direction to proceed.
1.14 Assist the City of Boynton Beach/CRA in bidding/negotiating a contract for
construction with pre-qualified General Contractors/Construction Managers.
Part VI - Construction Administration
1.15 Construction is presumed to occur in multiple phases over an unknown period of
time for the building construction. We will attend one (1) pre-construction
meeting and perform four (4) site visits during the construction phase. We will
review and comment on submittals including product data, shop drawings and
respond to Requests for Information issued by the General Contractor/Construction
Manager. A total of six (6) site visits/meetings are included in this proposal for
Construction Observation, including the pre-construction meeting and Substantial
Completion walkthrough.
1.16 Final Review - Provide the City of Boynton Beach with a letter stating that the
project has been constructed in substantial conformance to the Contract Documents
Substantial conformance is defined as an assurance to the Client that the project
may be used for the purpose for which it was intended.
Boynton Beach Community Redevelopment Agency
Exhibit "e"
Page 4 of :-<.
+i50 N('w Broad Street. ()rbndu. FL ~)'2R!'1 'R77 67? 97~H. 4-U:' V2~ .:;7,<jft. \\W\\ ~.rSC'\\'llu'.r(ln;
.\~i.
"
,
@
25 November 2008
David Perry, P.E.
Page Five
1.17 Project Closeout - Provide the City of Boynton Beach with electronic files of the
project for their use/records.
Part V - Deliverables - As a result of these tasks, provide the following:
. Shop drawing and product data review and approval
· Response to Request for Information (RFI) from the General Contractor
· One (1) substantial completion letter and punch list
. Three (3) CD's containing the project drawings and specifications.
2.0 MISCELLANEOUS PROVISIONS
This proposal is based on MSCW, Inc.lCity of Boynton Beach furnishing this office
with the following information:
2.1 A boundary and topographic survey of the marina site.
2.2 A geotechnical subsurface report stating the bearing capacity of the soils in pounds
per square foot (in accordance with the Florida Building Code) and a
recommendation for foundation design. A conventional spread footing will be used.
If deep foundations, grade beams or piles are required, this will increase the fee.
2.3 An updated Master Plan of the Marina site.
3.0 COMPENSATION
3.1 The services described in Section 1 and 2 for the Dive Shop,
Harbormaster/Restroom, Entrance Sign and Vendor Kiosks shall be performed on a
Fixed Fee Basis as follows, for a period of ninety (90) days:
Data Collection/Schematic Design
Design Development
Final Construction Documents
Construction Administration
$ 34,755.00
$ 66,575.00
$ 70,905.00
$ 26,700.00
Total Compensation
$198,935.00
See attached "Project Fee Budget"
Boynton Beach Community Redevelopment Agency
Exhibit "C"
Page 5 of 8
+750 New Broad Streel' Orlando, FL 328q. 877,672,9788' i07A22,3330' wwwJvlSC\Vinccom
..
, ".. ....
I ..
(ii,
25 November 2001-1
David Perry, P.E
Page Six
3,2 Normal and reasonable reimbursable expenses will be reimbursed at direct cosL
with no mark-up.
3.3 Payment is due when the invoice is rendered and is delinquent after thirty (30)
days of receipt, when an additional charge of 1 1/2% per month simple interest
will be added.
3.4 The contents of this proposal shall be included in a Standard Form of Agreement
between Consultant and Subconsultant,
4.0 ADDITIONAL SERVICES
4.1 Any service not specifically written in this proposal, any changes requested after
approval of the Schematic Design (30%), any revisions to drawings or other
documents when such revisions are inconsistent with written approvals or
instructions previously given shall be considered as additional services.
4.2 Stage and special theatrical lighting, amplified sound system, site lighting.
4.3 Design and engineering of the interactive water feature located adjacent to the
Plaza Space.
4.4 Civil Engineering, Surveying and Site Permitting.
4.5 Geotechnical Subsubsurface Investigations and foundation recommendations.
4.6 Landscape Design, Hardscape Design and Irrigation Design.
4.7 Marina and seawall analysis, design or repair.
4.8 Design associated with the overhead shade structures as programmed for the
Master Plan east and west of the interactive water feature.
Boynton Beach Community Redevelopment Agency
Exhibit "("
Page 6 of k
'1-750 Ne\\' Rl'Oiid Street. ()rlCllHlo Ft (~2R'1 . f-)~'7 h/2 ~178R' 'Hil 1'-2<") 33:;0' \\"\'\\.\'ISC:\Vll")(" {'nm
II.
25 November 2008
David Perry, P.E.
Page Seven
4.9 Additional services shall be compensated on a Time & Materials basis at the
following rates:
Principal (Stephen Boruff, AlA)
Architect
Project Manager
Drafting Technician/Support Staff
Clerical
$165 per hour
$145 per hour
$110 per hour
$ 90 per hour
$ 60 per hour
If you have any questions regarding the contents of this proposal, please call my office.
Your signature at the space provided below will act as our Notice to Proceed, and we will
prepare a standard AlA contract immediately for your execution. Please return one
executed proposal to our office. We look forward to working with MSCW, Inc. and the City
of Boynton Beach and towards the successful completion of this project.
Sincerely,
.11PII
Stephen L. Boruff, AlA, NCARB
Architect
SLB/en
Attachments
Approved:
Date:
Boynton Beach Community Redevelopment Agency
Exhibit "C"
Page 7 of8
4750 l\:ew Broad Street. Orlando, FL 3281+' 877,672,9788' 407-422,3330' www.MSCWinc.com
PROJECT FEE BUDGET
PROJI City of Boynton Such/CRA Marin.
Propo, POa.o34
D.t.: 11/2512008
St. hen L. Boruff. AlA. Architects + Planners I Inc.
ACTIVITY
.".".---.--'.',-_._- T--'"
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Principal ProJ- ProJtct, CADO Struct. MEP -~I
Archlt.ct Ar.chlt.ct Mana er Ttch En, En , TOTAL FEE
$IM,OO $145,00 sliaGo $90:00 $125,00 $125,00
$660 $0 S880 SO SO S250 $1,790
$0 $0 S880 S720 $375 $2,250 $4.225
S660 SO S4 400 SO S500 S1000 $8,560
$1980 $1,450 $4400 SO Sl,OOO $1,000 $9,830
$400 $0 S200 SO Sl,Ooo $375 $.1,975
S660 SO seao $0 $500 $750 $2,790
S330 SO $220 SO $1,000 $l.000 $1.550
$1,485 $0 $2,200 SO $0 $0 $3,695
$660 $0 $440 SO $0 $250 $1350
Part I
1.1
1.2
1.3
14
1.5
,~~:;~~~
,%,;t~::'fi.
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~~%~;~uL::h"_,~~iF;.,;j!;lL&Jl:,, ':h;,11f,::i.Y';, /k~~i1;';,} 'CJ1~l <".~~m
Ef~f"~"~~~;~~~~~Y~B_~:~~:~' :0~~.;:~ ,"-'1__~ ~. ~ ~~:~,~)', " ~. '~ /1,' ~ ~",~~;r~,~,._ ,~.L~:kri,,~~,~,! l':~~::;l,_~:~ul,
p.r1Y ,..~it~.IIiCl H,.jirlnas,
1 \8 See above (We have Included meetino limo for Site Plan Anproval, CRA CommJnilv SO $0 $0 SO $0 SO $0
Annearanee Board Plannirvf and Zooinn Ihree 13\ CieRI Review Meetinns and Six (I $0 $0 $0 SO $0 SO $0
Meel1i1ns includinn Pre-Construction, four 14\ sR. visiis and one 11\ Substantial COIT1I! $0 $0 $0 SO $0 $0 $0
Walk-lhl\J 1 $0 $0 $0 $0 $0 $0 $0
p'- '~l ~ ~-, ",." ~-=';o' . ..'''I' .",...,-....{1'~.....-::I"'" .~. ~ .~?' >,,;r o(~:I;,"l' ' 1~......_"'t}lr~~!>..,~z"'1-~ ,- - ~ .., l'" ,.... ".' . ~- ~ .....w < ,,~ ~~:'" ';!fY": >;. --r-~
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1~;>:"'!'..4.t~>>;.~"-. _ ~,~ ",;J.~ s .,. d .11>' -- .. .." A':"'':..<'''~\~''n'_" "''' ,- I:;"t,it-x ' "" ~t }#(,..",:::.. ,., .... ,,~'"''''/ ,~.~ _4
Boynton Beach Community Redevelopment Agency
Exhibit "e"
Page 8 of 8
17S0 :\e\\' Bro<lcl Street. ()rl(lIHlo. fL 3'281.1' Fi77 h72 978R' 4(J7 42~ :~j'H)' \\'w\\',\ISCVVinr ('on:
..,;.. .
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Exhibit D
Fee Summary
Scope of Services
Lump Sum/Hourly
Fee
A. Planning Services
6100 Master Development Plan
6200 l\laster Development Plan Approval
Total Plamli1lg Services
Lump Sum
Lump Sum
57,500
515,000
$22,500
B. Engineering Services
2000 Preliminary Site Investigation/ Engineering Anal)'sis
2451 Civil Infrastructure Utilites l\lastcr Plan (Schematic Desi!,711 Plan) (30%)
2111 Preparation of Civil Engineering Design Development Documents (60%)
2410 Preparation of Final Civil Engineering Construction Documents (100%)
2211 Civill':ngineering Construction Permitting
2510 Civil Engineering Pre-Construction Bidding Services
Total E7lgineering Services
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
512,500
516,180
527,500
530,400
54,920
53,900
$95,400
C. Landscape Architectural Services
6400 J .andscape Architectural Schematic Design Plans (30%)
6410 Landscape Architectural Design Development Plans (60%)
6420 Landscape Architectural Final Construction Plans (100%)
6500 I.andscape Architectural Construction Permitting
6600 I.andscape Architectural Pre-Bidding Scrvices
6700 'llH:med Signage Construction Plans
6800 Site Lighting Photometric Design Plans
6900 Landscape Area Lighting Design Plans
Total Landscape Architectural Services
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
526,000
527,500
543,000
54,500
53,900
516,750
52,800
52,880
$127,330
D. Subconsultant Services
8000 ,\rchitectural/Engincering Design Services
8100 Electric..ll Circuitry Design Plans
8200 Structural Engineering Design Plans
Total SUbC01lSultatlt Services
Lump Sum
Lump Sum
Lump Sum
5178,060
S22,500
514,500
$215,060
DESIGN SERVICES SUB-TOTAL
$460,290
E. Subconsultant Contract Administration
7100 SubcollSultant Contract Administration
Total Subco1lSultant Contract Administration
Lump Sum
521,506
$21,506
F. Project Initiation and Closeout Documentation
6000 Project Schedule Development
7200 Project Closeout Documentation
Total Project /nitiatio71 and Closeout Docwne7ltation
Lump Sum
Lump Sum
52,800
52,000
$4,800
G. Constmction Administration Services
2511 Civil Engineering Construction Administration Services
6601 I ~'lndscape Architectural Construction Administration Serviccs
8010 Architectural/Engineering Construction Administration Services
Total C07lStrllctio71 Administratio71 Services
Lump Sum
Hourly (Budget Estimate)
J .ump Sum
S32,OOO
546,000
520,875
$98,875
H. Meetings & Hearings
0710 Governmcnt, Client, Project Coordination Mectings and Hearings
Total Meeti7lgs & Heari7lgs (Budget Estimate)
Hourly (Budget Estimate)
537,200
$37,200
TOTAL SERVICES (COMBINED)
$622,671
+i50 New Broad Street. Orlando. FL 3281+' 877.672,9788' ,I07A22,3330' www,]\,[SC\Vinc.wl11
XI. OLD BUSINESS:
E. Consideration of Request for Funding the
Graffiti Art Project
eRA DO ARD MEE TIN G OF: March 10, 2009 - TABLED February 10, 2009
I I Consent Agenda I X I Old Business
New Business I I Legal I
Other
SUBJECT: Graffiti Art Program
SUMMARY: Attached is a funding request from the Arts Commission through the Public Arts
Administrator. This request came to the Board at the February 10, 2009 meeting at which the Board
tabled the item pending the CRA Attorney's research to see if this item was covered under the police
fund that assisted non-profits. Please see his response in the attached email.
This project is within the Heart of Boynton to engage Boynton Beach youth in an educational art
experience on the positive aspects of "Graffiti Art" versus negative graffiti known as "Tagging."
The project is supported by Boynton Beach Police Department, Youth Violence Prevention Program and
the Public Works Department.
FISCAL IMP ACT: Budget Line Item - 51990 (Contingent Account)
CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan
RECOMMENDATIONS: Approve the $10,000 request for funding to the Graffiti Art Program
and upon completion of the project, require the Arts Commission to provide the CRA Board with a one
page report and photo gallery demonstrating the project benefits/outcomes.
d~~a~
LIsa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleled Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeelingsI3-10-09 MeetinglGraffiti Art Program,doc
MIClo,oh Uutlook W"b Acu' ,
Reply
Reply to all
f'orward
Close
" Help
,,:, You forwarded this message on Y3f2009 10:24 AM,
From:
CheroL Jame;;
Sent: Mon 2/23f2()O<) 10: ') I , ,
To:
Coles~Dobay, Debby
Ce:
Bressner, Kurt; LaVerriere, Lori; Lejeune, Carisse; Swanson, Lynn; Prainito, Janel
Subject:
Attachments:
RE: Graffiti funding resource
r---
T hd.ve researc::hcd th .", ,~:uqgestjufl dIHl '11.(".::,i"lJ.:;serJ il
t h p pro p 0 sed 11 S e c,j t { , rlp.i 1 u r t: f 11I J (Lc; w" IJ J,j , "Cj { ,,co: v
V Jew As Web Paec
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Such proceeds and interest earned there from shall be used for school resource officer, crime
prevention, safe neighborhood, drug abuse education and prevention programs, or for other law
enforcement purposes, which include defraying the cost of protracted or complex investigations,
providing additional equipment or expertise, purchasing automated external defibrillators for use
in law enforcement vehicles, and providing matching funds to obtain federal grants West's F S,A
~ 932,7055
Further, , ,
funds may be expended upon request by the sheriff to the board of county commissioners or by the
chief of police to the governing body of the municipality, accompanied by a written certification
that the request complies with the provisions of this subsection, and only upon appropriation to
the sheriff's office or police department by the board of county commissioners or the governing
body of the municipality. West's F.S.A, ~ 932,7055
-----Uriginal Message ----
From: Coles-Dobay, Debby
Sent: Monday, February 23, 2009 10:()LJ AM
To: Cherof, James
Cc: Bright, Lisa; LaVerriere, Lori; Swanson, [,ym'
Subject: Graffiti funding resourcp
lJim,
You were going to investigate about a possible
presented to the CRA board February 10, 2009,
to this type of proj pc't? J don' t know when it
tunding s()ur\_'~ tor Lhe (~Jn1 fli l dtt P1UJ(:'
Have you looked IntJJ thiS dod :':an thp fIH:U:"
m; ght be brought back I, 1 he ','PT, hoarrl,
r'"
Debby Co]es-Dobay
Public Art Administrator
City of Boynton Beach
Art in Public Places
http://172,22,O,120/exchange/
Paat;~ i I
Microsoft Outlook Web Access
3/3/09 10:32 AM
Enriching our Community though Public Art
100 E. Boynton Beach Boulevard
-,oynton Beach, R., 33425
561 742 6026 work
561 632 7992 cell
colesdobayd@bbfl.us
www.boyntonbeacharts.org
http://172.22.0.120/exchange/
Page 2 of 2
Meeting Minutes
Community Redevelopment Agency Boarr,
Boynton Beach, Florida
February 1 0, 200~
B. Consideration of Issuing RFP tor maintenance of Mangrove Mitigatlor
Area at Jaycee Pari
Vice Chair Rodriguez inquired if a piggybacK contract could be used
Ms, Brooks clarified the work was very specialized and they could try. Her thoughtE
were it would take longer to find a piggyback than to go for RFP, which would have 2
quick turnaround time. She noted only a few firms would respond
Motion
Vice Chair Rodriguez moved to approve, Ms. Ross seconded the motion that
unanimously passed,
C Consideration of Graffiti Art Project
Ms, Bright advised the item was brought to her by the Arts Commission Chairman and
was a worthy project; however, it was unfunded, Funds would have to come from
contingency funds,
Debby Coles-Dobay, Public Art Administrator, reported the item was brought forward
by the Public Works Department, through a discussion of repainting a wall at Sara Sims
Racquetball Court, A suggestion was made to paint a muraL The Arts Commission
agreed with the idea, but needed funding to execute it
The mural project fell within the Community Redevelopment Agency district and would
improve the Heart of Boynton, The project would engage the community and educate
youth. Additionally, area youth, as well as youth from the Youth Violence Prevention
program could learn about the positive effects of graffiti versus the negative effects of
tagging,
It was possible some materials would be donated and assistance from the Public Works
Department for the base coat on the wall. She inquired if there were funds available for
the project
Chair Taylor noted the request was for $10,000 and the contract was for $15,000, Ms
Coles-Dobay responded the offset was from the wall basecoat, and she believed the
scaffolding and spray paint would be donated, which amounted to approximately
$5,000,
The $10,000 would pay for three professional artists to run the program, which did not
include just painting the waiL It would be a series of sessions to engage the community
on the concept of the project and the theme of what would be painted on the waiL A
demonstration would be given and four or five different sessions held
14
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
February 10, 2009
Vice Chair Rodriguez noted there was a police fund that assisted non-profits. Attorney
Cheraf would research whether the expenditure would be covered under that statute
The members discussed tabling the item pending the result of Attorney Cherot's
research,
The Arts Commission had discussed themes for the wall, which were heroes, music and
sports with the final concept being approved by the Arts Commission. The artists had
painted several walls in Delray Beach, and regularly have projects fram Stuart to MiamL
Samples of their artwork were distributed to the members.
Motion
Mr. Hay moved to table the item pending the Attorney bringing back other funding
sources before the next meeting.
Attorney Cherof indicated he could issue a memorandum on whether forfeiture funds
could be used for this type of activity.
The motion unanimously passed.
XIII. Future Agenda Items
None
XIV. Comments by Staff
Margee Walsh, Director of Marketing, followed up on Mr. Simon's presentation of the
Residential Improvement Program and Homebuyer Assistance Program. In addition to
an aggressive direct mailing done last spring, they included mention of the programs in
the Community Redevelopment Agency's "FYI" newsletter mailed to over 40,000
residents in October. Information about the program was also included on the
Community Redevelopment Agency website and on their voice mail message. Ms.
Walsh would provide copies of the distributed materials.
XV. Comments by Executive Director
None
XVI. Comments by CRA Board Attorney
None
XVII. Comments by CRA Board
15
February 27, 2009
2009 Boynton Beach Mural and Community Project submitted by Peter Agardy & John Griffin
Overview and summary of project costs:
"Graffiti Art" mural on the Sara Sims Racquet ball court wall is located at 209 NW 9th Court and faces MlY
Boulevard just west of Seacrest Blvd. It is 15" high x 60" long.
Unlike most mural projects in which we paint a single wall for public art demonstration purposes this project we
are including an educational component to teach Boynton youth the positive aspects of "Graffiti Art" opposed to
negative and illegal tagging. This project will take several months in order to gain the participation and
acceptance of the area youth and the buy in of the concept for the graffiti wall mural. Graffiti Art is a unique
form of art and it is more difficult to master than traditional painting with brushes. It is very appealing to youth
and a great way for them to positively express themselves. This art form will showcase Boynton youth's
participation in a positive out come that contributes to the transformation of the community
One demonstration and three sessions
. Initial demonstration at the Sims Center to gain the interest of the youth to participate in the program,
. Three sessions that will teach youth the graffiti process. Sessions will gain youth buy in and feed back on
concept for mural wall image.
. The Boynton Beach Arts Commission has provided three topics to explore with the youth for the mural wall
concept. They are music, sports and hero's,
Four 4 hour each demonstration/session = 16 total hours
Each session includes 3 hour sessions, 1 hour to set up and break down, building painting structure and
curriculum prep time.
Demonstration Materials $ 700.00
. Plywood for demonstrations and sessions, $200.00
. Other materials: gloves and masks (for safety), spray caps for paint cans, and latex house paint. approx
$200
. Spray paint for demonstrations approx. $350
Mural Wall costs
Artists fees approximately 80 total hours for three artists
Graffiti artists time to create wall concept, submit scaled concept to Arts Commission for approval, prepare wall
for spay paint, prepare outline on wall designating areas for youth to participate in final wall session, coordinate
materials and day long painting project, complete with finishing details, set up and clean painting site,
Wall material costs $1,650.00
. Scaffolding rental, unless donated approx $50 day for 10 days is $500
. Latex house paint for large fill in areas and preparation. $ 200
. Spray paint (100 cans) $700
. Misc. materials such as brushes, rollers, roller trays, gloves and masks. $250
MATERIALS $2,350.00 + ARTISTS TIME $ 7,650.00 (three graffiti artists) =
TOTAL ESTIMATE $10.000.00
($1,500.00 may be contributed from YVPP program. Budget board approval March 14, 2009)
I
I
1
EXAMPLE OF PAINTED WALL
SUBJECT TO BE THEMED MUSIC, HERO'S OR SPORTS
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February 27, 2009
CLOSE UP OF GRAFFITI MURAL WALL
,......,.
EXAMPLE OF GRAFFITI MURAL WALL IN MUSIC THEME
'1
~
ALL IMAGES ARE EXAMPLES ONLY.
ACTUAL MURAL CONCEPT IS YET TO BE DETERMINED.
MURAL COST EVALUATION
Various murals and their associated costs. None of these mural projects included working with the
community, demonstrations or teaching sessions.
,.
I
The Pantry by Dana Donaty
Facade of building included:
One 8' x 10' high level detail beach mural on aluminum panel
Decorative treatments surrounding 12' x 8' store opening to create a tiki hut look
Third mural small retro building design 11' x 8' + awning
$8,000.00
TIKI DETAIL
FULL MURAL
j
e
[!
~
.~-..:. ;~" -'
('. :,
'. .........
:...~~.._.~~_ LJ:.:._-':... :".._ ~
. . . ."'...;---
.-.....
.~~
- ~.... -'!
,
,
# :-, . t.
- ,.~ . ~';' '~:""::'f:~~)i~1~1f<~~"">',:
..;: ~
.-
:t\t.;. .~ .~:' .~"'.~ :.~;:~
_c _ '::. :~',~ :.,- _ ::,:-r
.'. ~"(':'~ '~,-~;.~:.~~It..'\;,g
'~:J.::~t.{:-.~~ )}.:;~-.
", '':. . -
... -'-,
,
1':1 ". ~_ .
(
~
.::'\~t,': '~1~~t~;r~Ji:~~
~..
FULL MURAL
.. ,;.!
I t l'
, <. ," f_'( ,I ,.
.~. III.... . :{:t;: t;.l ',/
-.....
Delray Beach Camera Shop
75' x 12'
Nine mural panels 4' x 8' attached to brick surface with detail to blend into building.
$ 35,000.00
Theatre of Life
Two 8' x 4' panels on 30' x 5' pace above building awning
$8,000.00
Pineapple Wall on NE 2nd just north of Atlantic Ave
60'long x 12' to 20'tall
Low level detail mural $20,000
MURAL COST EVALUATION
I ..
MURAL SECTIONS
( . Highway mural project by William Wegman. He install three murals at rest stops along the
Maine's Turnpike. The cost for all three of these pieces combined was $100,000, an amazing bargain
for one of the world's most famous photographers.
The murals were approximately 30 Foot long and 15 foot high.
Delray Beach Courthouse
LEFT MURAL
(
Total project budget was $150,000.
Approximately half the budget was for
the mural (3,300 sq. ft. w/80 gallons
paint) and half the budget was for the
sculptural pineapple and seating areas.
ARTISTIC DETAILS
"Del ray Progress," named by artists
Andrew Reid and Carlos Alves
"Delray Progress," features:
· A 3,300 sq. foot mural (80 gallons
paint)
· A 14 ft' sculptural ceramic pineapple
bench,&
· Painted ceramic bench tops & seating
areas
. The mural was created by Andrew Reid
and team.
. The benches were created by Carlos
XI. OLD BUSINESS:
F. Discussion of eRA Owned Property Located at
201 NE 1st Avenue
, I L.-.
I'. ~'~
r
~~~~Y~T2~ eRA
II: East Side-West Side- Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Discussion of CRA Owned Property Located at 20 I NE 1 st Avenue
SUMMARY: At the request of Vice Chair Rodriguez via email on Tuesday, March 3, 2009, (see
attached email) this item has been brought before the Board to discuss the disposition of the CRA owned
property located at 201 NE 1 st Avenue. The CRA Board approved the purchase of the historic 1940s
vernacular home from the original owner, Ruth Jones, at their regular meeting held on June 12, 2007
(see attached minutes and chart of historic structures). The intent of the acquisition was to further
aggregate contiguous properties within Block 3 for the purpose of providing available land for future use
as additional parking for the downtown core area. The acquisition of the Jones property gave the CRA
ownership of .65 acres of land that could provide approximately 88 surface parking spaces.
As mentioned, a small, single story, 832 sqft house built in 1940 was located on the property at the time
of the purchase. The house has Dade County pine wood floors and a stone fireplace, two bedrooms and
one bath. At the June 12, 2007, CRA Board meeting, neither staff nor the Board discussed the
disposition the structure post closing (see attached). Staff alone had discussed, utilizing this and other
historic structures that could be moved to a location within the downtown core, as an arts or retail
cottage enclave, or visitor center.
To date, the structure has been boarded and the yard maintained with minimal cost to the CRA.
However, time and environmental elements wear down exterior finishes creating the need for additional
maintenance to be performed. Given the close proximity to City Hall, the current exterior appearance of
the structure could be improved by applying a fresh coat of paint. The landscaping does not have
irrigation but a system could be looked at for a limited area if desired by the Board.
FISCAL IMPACT: $1 ,500-3,500.00 (depending on the approved scope of work) from FY 08-09
Line Item 01-51620-209
RECOMMENDATIONS: Provide Staff with direction.
~~~~~
Michael Simon
Development Manager
T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY 2008 - 2009 Board Meetings\3-10-09 MeetingIDiscussion of201 NE 1st Avenue,doc
Simon. Michael
From: Bright, Lisa
Sent: Tuesday, March 03, 20094:43 PM
To: Biscuiti, Kathy; Brooks, Vivian; Buckley, Ashley; Harris, Susan; Majoy, April: Simon. Michael. Villanueva
Ghishlane; Walsh, Margee
Subject: FW: 201 NE 1 st Ave
From: Jose Rodriguez [mailto:jreguez@aol.com]
Sent: Tuesday, March 03, 20093:34 PM
To: Bright, Lisa
Subject: RE: 201 NE 1st Ave
Thank u,
From: Bright, Lisa <BrightL@bbfl.us>
Sent: Tuesday, March 03, 2009 2:08 PM
To: jreguez@aol.com
Cc: Taylor, Jerry <TaylorJ@bbfl,us>; Hay, Woodrow <hayw@bbfl.us>; Ross, Marlene <RossM@bbfl.us>;
WeilandR@bbfl; Cherof, James <CherofJ@bbfl.us>; Brooks, Vivian <BrooksVi@bbfl.us>; Simon, Michael
<SimonM@bbfl.us>
Subject: RE: 201 NE 1st Ave
Ok. We will put it on the agenda with your other agenda item you requested for next week
From: jreguez@aol.com [mailto:jreguez@aol.com]
Sent: Tuesday, March 03, 2009 12:53 PM
To: Bright, Lisa
Cc: Taylor, Jerry; Hay, Woodrow; Ross, Marlene; WeilandR@bbfl; Cherof, James
Subject: Re: 201 NE 1st Ave
Before any renovations dollars are spent on this home....I would like to discuss this at the board meeting, as the
direction that we were given in the past was that this home was purchased to demo for potential parking not to
renovate. thanks...
Best,
Jose
-----Original Message---n
From: Bright, Lisa <BrightL@bbfl.us>
To: jreguez@aol.com; Taylor, Jerry <TaylorJ@bbfl.us>; Hay, Woodrow <hayw@bbfl.us>: Ross, Marlene
<RossM@bbfl.us>; Weiland, Ronald <WeilandR@bbfl.us>
Cc: Cherof, James <CherofJ@bbfl.us>; Brooks, Vivian <BrooksVi@bbfl.us>; Simon, Michael
<SimonM@bbfl.us>
1/(;0009
Page 2 of 4
Sent: Tue, 3 Mar 2009 11 :37 am
Subject: RE: 201 NE 1st Ave
,ear Board,
I will speak to staff and get a time frame of when the cosmetic renovations will be completec
I will advise as soon as possible.
< FONT face=Arial color=navy size=2>
Lisa
From: jr~l.lez@aol.com [mailto:jreguez@aol.comJ
Sent: Tuesday, March 03, 2009 11: 13 AM
To: Bright, Lisa
Cc: Cherof, James
Subject: Fwd: 201 NE 1st Ave
When do we anticipate this eye sore to be resolved.?
Best,
Jose
-----Original Message-----
From: Blasie,Scott <BlasieS@bfl.us>
'1"'0: .ir~gu_ez@ao1.com
Jent: Tue, 3 Mar 200910:53 am
Subject: FW: 201 NE 1st Ave
Vice Mayor,
FYI on your inquiry yesterday as noted below/My regards to Tallahassee.
Respectfully,
=OD
Scott Blasie
Code Compliance Administrator
City of Boynton Beach Police Department
(561) 742-6121
(561) 742-6838 (Fax)
Diversity -Integrity - Stewardship - Creativity
Please be advised Florida has a broad Public Records Law and all correspondence to me via e-mail may be subject to disclosure.
Under Florida Records Law, e-mail addresses are public record. Therefore, your e-mail communication and your e-mail adress
may be subject to public disclosure.
From: Simon, Michael
Sent: Tuesday, March 03, 2009 10:08 AM
'0: Blasie,Scott
Cc: Bright, Lisa; Brooks, Vivian
3/6/2009
Subject: 201 NE 1st Ave
Good IVlorning Scott
As you are aware, the CRA purchased the Iitt.le nouse from lV1rs. Jones in order to complete the lane aLClUlsltlO
phase of Block 3 in an attempt to provide a iocation for future downtown parking or redevelopment
structure remains standing because the house was built in 1940 and eRA staff has discussed using the hOUSE,
and others if possible, to create a 9 Chistoric cottage" enclave of retail or community use somewhere Ir !rH"
eRA district At this point, these plans are only conceptual in naturf
Having said that, I am in the process of soliciting bids to paint the shutters and the house in order to preserve
the exterior of the structure and help its overall curb appeal. I'll keep you posted on the progress.
Respectfully,
Michael Simon
Development Manager
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach, FL 33435
Off-(561) 737-3256
Fax-(561) 737-3258
From: Blasie,Scott
Sent: Monday, March 02, 2009 3:44 PM
To: Simon, Michael
Subject:
Mike,
V M Rodriguez asked about the status of the little house across from the fire station on the corner of r' (1\'(:
and 1st st. Is it on the "to be removed list" and ifso, any idea as to when?
Respectfully,
< div>
Scott Blasie
Code Compliance Administrator
City of Boynton Beach Police Department
(561) 742-6121
(561) 742-6838 (Fax)
Diversity - Integrity - Stewardship - Creativity
Please be advised Florida has a broad Public Records Law and all20correspondence to me via e-mail may be subject to disclosure.
Under Florida Records Law, e-mail addresses are public record. Therefore, your e-mail communication and your e-mail adress
may be subject to public disclosure.
A Good Credit Score is 700 or Above. see ypUr$ in jYlit2 Elasy_g~ps!
3/6/2009
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 12, 2007
started a precedent of paying above 16% over appraised value, the CRA did not have
enough money to do it. He thought the CRA price was more than fair and they did not
want to contribute to land speculation occurring in the MLK area. He supported staff's
recommendation.
Mr. Myott commented he did not think the CRA was low-balling the estimate and it was
a good deal.
Ms. Gillard explained she was faithful to Ms. Brooks and had waited a year and a half.
The CRA appraisal was recent and Ms. Brooks had not requested Ms. Gillard get a
second appraisal; she requested she get her the comparables. Ms. Gillard advised she
gave the pertinent appraisal information and everything else to her. Ms. Brooks advised
they use Anderson and Carr, Inc. Appraisers and they were a very longstanding, good
firm.
Vote
Motion passed 4-1. (Mr. Sims dissenting)
C. Consideration of Purchasing Property located at 201 NE 1st Ave
(Downtown Parking Plan)
Mike Simon, Development Manager, presented the request which would be used for
the continued aggregation of downtown parking. On March 13th, the CRA approved
the purchase of the Shaffer property, which was intended to provide parking for the Old
High School/City Hall parking. The City can now purchase the Jones property, which
would give CRA ownership of the entire block. The property is owner-occupied and the
CRA would pay the relocation costs. The $30K amount for the relocation was a not to
exceed number. Ms. Jones would also be offered a lease back option.
Motion
Vice Chair Norem moved to approve. Mr. Myott seconded the motion that unanimously
passed.
D. Consideration of funding Neville Marques $50,000 from the Homebuyers
Assistance Program
Ms. Brooks presented the request for Homebuyer Assistance Program funding of $50K,
for Neville Marques. She advised Mr. Marques was income certified, and advised staff
recommended approval from Bond II, subject to execution of the CRA mortgage and
note in the amount requested.
17
MAP U::>t
NO,
1 i R
___-_l1~B i
3 R
4 R
5 R
6 R
7 R
8. R
9 R
~l REC i
11 C
12 C
13 R
-=-llJ
16 R
17 R
18 R
19 R
. ?Or--R
21 R
22 R
23 i ..B.
24 R
25 R
26 R
27 R
28 R
29 R
30 R
31 R
32, R .
-~J
~~~u R ,
35 R
36[ R
3L R
38' R
391 R
~R
41 R
42 R
USE
R-Residential
C-Commercial
PU-Public Use
R~r._R"'N"'::ltinn
-,
Cit}tQf_Boyn~onBe'!c:I:t.JiISTQRlf ~ITES SU~VEY.':'September 1996 (updated Decelllt:>.er 2007)
PCN
NAME
.~~~43-45-.15-02-000-0250
08-43-45-15-02-000-0310
08-43-45-15-02-000-0480
08-43-45-15-02-000-0700
-.- ~- -~ ~
08-43-45-15-02-000-1180
~~.-
08-43-45-15-02-000-1120
-~. ---..----.----.-
08-43-45-15-03-000-0036
----..------ --------.--
08-43-45.15-03-000-0120
-- --
08-43-45-15-03-000-0160 ! Benvenuto's Restaurant
08-43-45-22-QO-OO2-oo2Q JSeaview Part< Club ..
0?-43-45-21-32-Q07-0.Q10 ~EOp("()~_rt~s House
08-43-45-21-32-003-0200 :Old Dutch Mill
08-43-45-21-04-000-0020 Juanita Wri ht House
08-43-45-21-25-QOt-G080 Charles CoIesbl'0ok House
08-43-45-21-1Q-002-G040 LD House
08-43-45-21-32-005-0171 Harold Ochstein House
08-43-45-22-03-001-0200 Maria Prows House
0843-45-22-63-001~0241 i Mascolo"House
08-43-45-21-18-000-0470 :Gear e Davies House
------~--,. --
08-43-45-21-29-003-0011 Hl Smith House
Ojl-43-45-21-07-0Ql-!OQO ;WillieHolli~ House
08-43-45-21-07-003-1060 BT Wilkins House
oa::43-45:21-oi:002~1600 I George Johnson House
08-43-45-21-07-0Q~-14~0 1~~i1ey ':iou~e House
08-43-45-21-07 -002-1450 Corn mer House
--- -- -----.. ..----- -- -- -- ----------------
08-43-45-21-07-002-1460 Tilman Barachel House
---- -~- .....----. -"..-..----- ...-.-
OJl-~-~5-21-0J-002-J470 Leslie Skipper House
08-43-45-21-07-001-1500 Richard Holmes House
--- -----~. -~~-----_._._----
08-43-45-21-07-001-1510 iOrabella Nelson House
08-43-45-21-29-003-0~0 ]l,-iIIiClnF, Oyer Hous.e2
08-43-4:~-21-29-003-0060 1 Lillian F, Oyer House_
08-43-45-21-29-003-0071 TDaVid Eunice House
08-43-45-21-29-003-0051 ___IMaliorie Roberson Tr.-House .. _ .
. 08-43-45-21-30-002-0110 I Henry Roberson House
08-43-45-21-30-002-0100 I Foster & Deal House
0843-4;;-=.2.1_-30-=002-0090 l!:!~ ROi:l8rSon House
08-43-45-21-29-003-0052 Carlos Perez House
0~-43-45-2!-29~OO3~0041 IAnita GlandfieidHou~e
08-43-45-21-29-003-0034 : Sandra Bailey House
08-43-45-21-~0-00?-9061 j J()s~ph ,/\, G.,.Je~~Ho.use
08-43-45-21-30-002-0050 I Alberto Busey House
08-43-45-21-30-002-0150 David Eunice House
ADDRESS
2637 Lake Drive
2625U1keDrive
628 Dimick Road
615 Potter Road
~ ~..._-
626 Potter Road
,.. -----------...----
644 Potter Road
.-_. ~--
626 Lakeside Harbor
r_.__..___~_...._..._
,628 Oak Streeet
~.~-_.._._---
1730 N. Federal~
[1620 N. Federal Hgwy
1010 NE 7th Street
-.--.-------..-..
1Q~2}i,YederaLHg\'IIY
1416 NE 10th Ave.
117 NE 10th Ave
120 NE 8th Ave,
636 NE 8th AVf?
:619 NE 7th Ave,
. 802H~' federal- Hgwy
510 NE 3rd Street
1517 NE 1 st Street
111 NW 6th Ave
-_._._.~_._-
: 133 NW 6th Ave
]219 NW 4th Ave
112 NW 5th Ave
~~ -
104 NW 5th Ave
,- -_._~~--~-.
505 N. Seacrest Blvd,
i~3 N, Seac:~est Blvd,
120 NW 4th Ave
.124 NW 4th Ave
1516 N, Seacrest Blvd.
iS1mSeacrest Blvd,
-~"~-'-"-"---
;508 N. Seacrest Blvd,
105 NE 4th Ave
106 NE 4th Ave
112 NE 4th Ave
- ~_~__._ ____n
114 NE 4th Ave
~-,
115 NE 4th Ave
- _._.~-_._-
121 NE 4th Ave
; 127 NE 4th Ave,
,124 NE 4th Ave
'130 NE 4th Ave,
-~-_._--
111 NE 3rd Ave
DATE STYLE
FLA MSF
_NO.
8PB08377
8PB08335
, 8PB08354
8PB08349
'-'---'-
.8PB08348
.----
l8PB98347
,8PB08386
.-._._._~~_.-
8PB08370
,8PB00494
J 8PB09344-- _ r
i 8j:>_B0052!?
, 8PB0933~
8PB08340
]8PB08341 I
J 8P808325 1
i8PB08375
8PB08361
. 8PB08376
; 8PB08294
18PB08307
l!!PB08322
8PB08321
18PB08323. L__
18PB08373
8PB08313
8PB08346
; 8PBQ~~! 4
18PB08314
:8PB08315
; 8PB08352
, 8PB08351
8PB08334
8PB08371
i 8PB08302
l~PB08~Q1
, 8PB08330
i 8PB08329
~_B08328
l8j:>B0051]
i 8PB08327
i 8!,~08326 ,
18PEl083Q~
Vernacular
Vernacular
Vernacular
Mission
'Vernacular
,- ---
Vernacular
..._---~
.\lernCicular
;Venacualr
IMed Rev,
I Vernacular
! Vernaculclf
IVernacualr
,-.-- ~
IVernacular
Vernacular
Vernacular
i Vernacular
~ :Y.ernilcular
:Verna~.@r
: Mission
. j Vernacular
'Vernacular
1946 !Vemacular
1927 I Mission
1920 I Mission
1928=1 Mis~Qn
1925 I Mission
1925t Mission
1925 Mission
-' "
1935 IMed Rev,
_.__.~--
1935 Vernacular
!925 JVernacular
1924 Mission
1925 Mission
1925 ~~nacular
1935 : Vernacular
1~3?_lVernaclJlar
1930 iVernacular
19315 .~'Verl!~CUlar
1935 Med Rev,
--- .. - - ---------
1940 I Vernacular
- 1_940 [Vernacular
1940 1 Vernacular
CONDITION
. 'OEMOLlSHED
DEMOLISHED
:..EXIf\N.T
EXTANT
EXTANT
EXTANT
EXTANT
EXTANT
_._---
I MODIFIED
1 DEMOLISHED
: EXTANT
iNO . EXTANT
'lliQ. . !EXTANT
INO.J DEMOLISHED
.1NO _ .! DEMOliSHED
iNO I EXTANT
INO [EXTANT
(NO IEXTANI
!NO EXTANT
INO . i DEMOLISHEOu
. NO iMODIFIED
,NO 'MODIFIED
.~. i DEMOLlSHE:D
L!'!Q i EXTA~T
iNO I EXTANT
TNOEXTANT
!N6 EXTANT
1--- ----+--~---
iNO I EXTANT
. . -!~~+~~~
--,--..---lliQ _EXTA(\jT
NO I EXTANT
NO I DEMOLISHED
NO mAN!:
.INO ....lE:2<IANT
J likely ~XT ANT
-.lli9. :EXT~NT
(NO j EXI~~T
,NO . iEXTANT
i!'!9 ~LANT ..
-lli9. 1 EXTANT
INQ iEXTMJT
S:\Planning\HUDSON\H ISTORle PRES\hisloricforms
MAP USE PCN I' NAME ADDRESS ~. il DATE I STYLE
NO. ___ I
43 R 08-43-45-21-30-002-0170 Victor H. Trevino House 121 NE 3rd Ave. i 1940 Vernacular
I 44 R 08-43-45-21-30-002-0231 Lucy W, Cavenauah House 407 NE 1st Street 1930 Vernacular
45 R 08-43-45-21-30-001-0100 Jacaueline Jacobson House 110 NE 3rd Ave. i 1935 Vernacular
46 R 08-43-45-21-30-001-0090 Carl H. Arnold House 116 NE 3rd Ave, 1935 Vernacular
-
47 R 08-43-45-21-30-001-0061 Teresa Lei;a House 126 NE 3rd AYe, 1947 Vernacular I
48 R 08-43-45-21-30-001-0050 Sunshine Events Inc. 130 NE 3rd Ave. ~.~ _ 1935 Vernacular
49 R 08-43-45-21-30-001-0010 Gordon Crawley House 313 NE 1st Street 1945 Vernacular
.50 R:i," 2t;'1iPr.W~~;i;' ,~~ tt252',,~
51 R 08-43-45-29-23-054-1290 JessieLacvTR.House 829NW1stAve 1926 Mission
52R >;~2S+2~ JetMt~I""':_M'ItI!f;$Ifoet1t24' M;I!ltv.
53 R 08-43-45-29-01-004-0220 Dorothv Johnston House 701 W, Ocean Ave. 1924 Med Rev.
:::~ ~ 2OO~~&:r =~
57 R 08-43-45-28-10-001-0010 Sui us Comouter Corn House 402-404 W. Bovnton Beal 1925 Mission
58 R 08-43-45-28-10-001-0091 Gen. Daniel O'Connel House 203 NW 3rd St. i- 1925 Mission
59 R 08-43-45-28-10-002-0210 Audrey GeraerHouse 331 NW 1st Ave _+ 1926 Mission
60 R 08-43-45-28-10-006-0010 Susan Mize House 1330 NW 1st Ave I 1924 Mission
r 61 R 08-43-45-28-10-006-0050 ,Teresa Willis House 324 NW 1st Ave. I 1925 Med Rev.
r 62 R 08-43-45-28-10-006-0100 Khadey House 316 NW 1st Ave I 1925 Med Rev,
I 63 R 08-43-45-28-10-006-0130 Susan Murry House 310 NW 1st Ave ~ 1926 Mission
! 64 R 08-43-45-28-10-003-0012 Herminio/Caraballo House 1204 NW 2nd Street I 1926 Mission 1
I 65 R 08-43-45-28-10-007-0130 Janniksen (KnuthTHouse 204 NW 1st Ave 1926 Med Rev, T
66 PU 08-43-45-28-10-008-0010 !st United Methodist Church 101 N. Seacrest Blvd ~ 1945 Gothic Rev.--L
67 R 08-43-45-28-10-010-0190 Annabel & Beverly Jeffrey House 327 SW 1 st Ave. 1924 Mission ---.-L__
68 R 08-43-45-28-10-010-0070 Brickbacker House 321 SW 1st Ave. 1924 Georgian Rev.
69 R 08-43-45-28-10-014-0080 Barklev Garnsey House 316 SW 1st Ave, i 1941 Vernacular T
70 R 08-43-45-28-10-011-0170 Bruce Black House 229 SW 1 st Ave, t 1922 Mission
71 R 08-43-45-28-10-015-0030 Bernard Tillson House 224 SW 1st Ave 1926 Mission
72 R 08-43-45-28-10-015-0070 CA Jefferson House 220 SW 1st Ave 1926 Mission
r== 73 R 08-43-45-28-10-012-0050 > Helmut Wellmann House 130 W Ocean Ave. 1940 Vernacular
I 74 R 08-43-45-28-10-012-0290 John Bums House 135 SW 1st Ave : 1947 Mission I
75 R ()$.43"45-2a..t0-012.;Q~ HltfrnlrtW8llm8MHouse 12S$WtstAve 1925 Mision
76 R 08-43-45-28-09-006-0041 Barbara McLane House 102 W. Ocean Ave. 1940 Vernacular
77 R 08-43-45-28-10-012-0220 Patricia L Dunlao House 115 S. Seacrest Blvd 1925 Vernacular
~~, 08-43-45-28-10-012-0240 I Nancy C. Metz House 117 S. Seacrest Blvd, 1925 Mission_
79 R 08-43-45-28-10-016-0220 Raford Aoartment 215 S, Seacrest Blvd l~ Mission I
BOr- R __ 08-43-45-28-10-016-0260 Herbert Raford House 107 SW 2nd Ave, ~ Mission
, 81 PU i 08-43-45-28-05-014-0020 Bovnton Beach Hiah School 133 E. Ocean Ave ,I 1927 Med Rev,
I --s2IPlT t 08-43-45-28-05-014-0020 Boynton School 141 E. Ocean Ave. I 1913 Vernacular
; i i I
83 R I 08-43-45-2a.o3-003-0112TRonald Heeter.House
208. NE 1 at Street
1910 Vernacular
USE:
R-Resir' - ~tiaf
C-Cor ial
PU-Pu...... Jse
"I::" 0__.,_......;_...
I ARCHITECT/ r FLA MSF INATL LOCALT CONDITION I
BUILDER NO. I REG~ I I
8PB08297 NO EXTANT 1
8PB08308 NO EXTANT ~_
8PB08364 NO EXTANT
8PB08339 NO EXTANT
8PB08296 NO EXTANT
8PB08295, NO EXTANT
8PB08362 NO EXTANT
2,,1v
8PB08343 Iikelv I EXTANT
~ ylilS filED
8PB00176 likely TEXTANT
lili:!ii iii I;'.. :_
~; . ',;u
8PB00493 NO EXTANT n_
8PBOO514 likely EXTANT
8PB00175 NO EXTANT__
18PBOO510 I NO EXTANT
18PB001741- like Iv EXTANT I
8PB00173 _~. EXTANT ~,
8PB00509 NO EXTANT
8PB08324 NO EXTANT
8PB00172 likelv EXTANT
8PB08345 NO EXTANT----I
8PB08298 NO EXTANT
8PB08299 likelY EXTANT -----1,1
8PB08300 NO EXTANT
_ 8PB00512 NO EXTANT_~
8PB08303 NO EXTANT
8PB08381 NO EXTANT
8PB08350 NO EXTANT
8PB08355 NO EXTANT
"'11 N()~D
8PB08389 NO EXTANT
8PB00505 Yes EXTANT,~
8PB00506 NO EXTANT__
8PB08378 NO EXTANT
8PB08305 NO EXTANT
8PB00527 Yes EXTANT
8PB00171 Yes Yes EXTANT
I
WilliamW.
Maughlin/ A
Mellison
8PB08309
I
likelY
I
I
DEMOLISHEO
S;\PJanningIHUDSON\HISTORIC PRE~lhistoricforms
D.
MAP USf
NO.
84i R
85 R
86 R
87 C
88 C
89 C
90' C
--~.
92 C
:ID. ~~ i
94 R
95 R
96 R
97 R
98 R
99 R
100 R
R
101 R
102 R
103 R
104 R
105 R
109 R
110 R
111 R
112 R
113 R
114 R
115i R
i16~ R
.=:illTc 1.'
118 C
119 R
120 PU
PCN
NAME
LRuth ~o~~Hou~e
: Jerome Hyman House
Thomas D. Walsh House
.-~-------
. Sta.rk HOLJ~~(Daughtery House)
. Oy~rE3uil~ir1.9..
Harve 0 er Bid
R.G.BeaMHouse (DOg
w.man's Club
08-43-45-28-o3-OO7..ooa2 Jeft'erson. Hotel. 500 B
08-43-45-27-04-000-0021. : Geller Bldg
. 08-43-45-28-03-007-0081 -=1 AobertLeifer House"
Q!l-4_~-45-28-03-011-0040 'Edith Andrews House
08-43-45-28-03-011-0071 ,Micheline Many (HB Murray)
House
.~e.._I-i~~1l Lyman f-lQ.l!.se
HH & Lida Brown House
.. . ._~ ---..----. .._--..--
: H~nry & Lida Bro,^,-n ~l:Iouse
Naci Ann Ross House
John FitzJ>atrick H~!lse
.lQ~Il-'=i~tI:!.c.ls<3arage
08-43-45-28-12-005-0181 ,flllicl'!~~1 Keefe Hous~
08-43-45-28-12-011-0100 Emslie Stephen (VGWeaver)
House
, -
.frank &_Cheryl McCleod Ho.lJse
Robert & Patricia Brown House
.---.---.. ~- - - --.
Michael Bowden House
08-43-45-28-03-003-0111
"~_.._---_._.- ---
08-43-45-28-03-004-0110
08-43-45-28-03-004-0130
~ -_'-0 .___~_._
08-43-45-28-03-005-0080
--- -- -----,-----------.
08-43-45-28-03-005-0100
08-43-45-28-03-006-0100
-- -~--
08-43-45-28-03-007-0071
08-43-45-28-03-010-0150
08-43-45-28-03-011-0071
08-43-45-28-12-002-0160
- -- --......,.. ----'-- --_.~--_..-
08-43-45-28-12-003-0080
- .' _.__..-~
08-43-45-28-12-004-0110
08-43-45-28-12-011-0080
~ -- ------
08-43-45-28-12-015-0010
---_.._------~_._-------
08-43-45-28-07-002-0050
08-43-45-28-08-002-0113
08-43-45-28-07-002-0091
08-4J-4S..;28-08-OOO-Q08()
08-43-45-2&-07-002-0091
Q8-43-4S;:2S-O~0
08-43-45-28-Q8-QOO-Q01O
08-43-45-28-07-002-0112
08-43-45-28-07-002-0112
08-43-45-28-07-003-0010
08-43-45-28-07 -003-0091
--~~ ~-~
08-43-45-28-24-000-0231
-~--- -----.---
08-43-45-28-24-000-0040
ADDRESS
1201 NE 1stAv~.
209 E Ocean Ave,
.211E, O~an Ave.
405 E Ocean Ave,
413 E, Ocean Ave,
. _.._.__._.",.._----~
527-531 E Ocean Ave.
502 E. Ocean Ave.
DATE
ARCHITECTI FLA MSF NATL LOCAL
BUIL[)ER NQ. __R!;~ +__
1 Vernacular .. ~______ n. _ i 8Pl;3Q8~63 ~ _ Ilikely
:yerllacular i8P~08369 Yes
,\I_Elrll.a~u1ar ~ 8PB004.~~ "Yes
!Vernacular ~~B00499 likely
lMi!;SiOIl i8PB00500 1 Yes
i Commercial . '8PB08383 ... ~
VernacWar 1..-..---- 18PB00602 I. _~Yes
Vernacular i ----j8PB00501 t likel
iCommercial~~ . i8PB08379--~~h'
IMission -l l8Pso05181 ~
I "ernacular !8PB0051.3 ~
,vernacular HB, Murray '8PB00516 !Yes
STYLE
1940
1919
1919
1905
1912
1924
! 1910
500 E. Ocean Ave. , 1919
104-110 S. FederaLH~_ 1920
. 1118 SE4th St . J 1928
!306 SE 1st Ave 1909
217SE3rdSt 1913
,Ora Sweat House
Sulton Met$h. HollSe
Midlae"'S.weenMouse
BurtGnMetsRHouse
AlrredPhil. HowSe
MictlaeI.hwcIen HOuse
Jean Carnahan House
'JOse-Ii-C:Reis House
Hidden Brook Cafe
..i Mary Law House .~ ...
~ Michael & Linda Borsos House
Boynton Woman's Club
121 C 08-43-45-27-05-000-0011 [Lee Manor Inn
122-;- -R. . . 08-43-45-28=13-008-0031 J:;oi<sTEfraXton House
~} 231-_.~~T~~ 08-4~-!5-33-90-000-1430 ~ Alberts & ~erkel .-
USE
R-Residential
C-Commercial
PU-Public Use
nr".... n"..................;,..,_
CONDITION
I EXTANT
I EX!ANI
I EXTANT
. I MODIFIED
! EXTANT
iEXTANT
IDEMOLISHED .
IDEMOlISHED ..
iEXTANT
_~I DEMOLISHED
, EXTANT
] EXTANT
216 SE 3rd St 1926 l V~!Ja_cular ,8PB08320 [Yes EXTANT
--"-~-
304 S, Seacrest Blvd 1920 ] Vernac.LJlar J3PB00507 lYe~ ,EXTANT
,__ ..______.._.m__ _____________ IOOANT
115 SE 3rd Ave 1926 I Med Rev IJohn Klep 8PB08316 ~~IY
~--'-----'-'-- .NO i EXTANT
119 SW 3rd Ave 1930 I~ission i 8PB08359
---- -----
'101 SW 4th Ave 1925 I Mission : 8_~B08304 iNO ! EXTANT
. 415-S~seacresi Blvd. ~sion iNO ~-
1925 .8PB08353 I EXTANT
, 8PB08318 +----- ! EXTANT
125 SE 4th Ave 1926 . Mis~ion iNO
- -. --
104 SE 5th Ave 1926 ,Med Rev ,8PB08312 jlikely iEXTANT
118 SE 5th Ave
701 S, Seacrest Blvd
407 SE 4th St
!421 SE 4th St
513 SE 4th ST.
41$SE4thAve
515SE4thSt.
417 SE 4th Ave
416SE 4th Ave
c415 SE 5th Ave
1421 SE 5th Ave
~$O1 S, Federal H~
j 625 S, Federal Hgwy
~8 ~E_~t~~t
i 1010 S, Federal Hgwy
,
-' -------,.,------------
[ 1120 S, FederalHgwy
114 SW 12th Ave
_ !~jJ)_:?, f~deraU:lg.\\'Y
1924 LtJle(j Rev.
1926 iMed Rev.
1920 1 Vernacular
1926 Vernacular
i 1926 vemacular
1930 vemacul,ilr
1935 Vernacular
11)25 Vernacular
1925 Vernacular
1925 Vernac:Wv I
1910 VernacUlar i
1.25 Vem8cUlar -r--
1920 Vernacular
1936 -rvernacular
1925 Vernacular
1914 Vernacular
1925 I Mission-
1926 IMed Rev.
: 8PB00523
!8PB0Q.5D.8
; 8PB08317
8P800519__
8PBQ0520
8P808332
8PB08331
8PS08337
8PB08356
8P1IIIOll372
8eBOI3S7
tPS08358
~B08338
,8PB08385
8PB08384
8PB08365
8PB08319
. 18PB00cl98 Yes
[likely
INO
INO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
Iikel
~Iy
NO
~s
Addison
L~znerl
! 8PB083€iZ .~
,8PB08310
]~B08382 Ilil<ely]Xt;ll!..
~ R ; 08-43-45-28-07-001-0101 Gene Moore House 412 SE 4th ST
107 R i 08-43-45-28-07-001-0140 Steven MartlniHeuse 414 SE 4th St.
108 R I 08-43-45-28-08-0Q0..()()80 Dennis Meadows House 418 SE 4th St.
I -
1935 .lBungalow
1925 [ Mission
~ 1936 Iyemacular..-j
-t---------------- -
[EXTANT
IEXTANT
! DEMOLI~I-IED
S:\PlanninQ\HUDSON\HISTORIC PRES\hislolidorms
MAP -USEI
NO.
'123 C
'n123 C
";"123 .c
124 R
o R
PCN
NAME
~5-,3
;~S,:
'08-'43..4 :
08-43-46-04-02-000-0090
USE:
R-Residential
C-Cor ~ial
PU-PL )se
REC-Recreation
ADDRESS
Vemacular
T ARCHITECTI
BUILDER
S:\PlanningIHUDSONIHISTORIC PRESlhistoricforms
XI. OLD BUSINESS:
G. Consideration of Appropriating Additional
Funds for the Residential Improvement Program
\ ; I,
/ ~'~~~:",
f'.-, ,
1IJ~~ctY~T2~lt RA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
Old Business
New Business
Other
SUBJECT: Consideration of Appropriating Additional Funds for the Residential Improvement Program
SUMMARY: At the February 2009 CRA Board meeting, there was discussion about the Residential
Improvement Program. Staff gave a presentation that outlined the funds spent on the program from the
time of its inception and the number of units completed and in the pipeline.
A Board member called staff after the meeting to discuss the marketing efforts for the program. The
Board member felt that the residents outside of the Heart of Boynton neighborhood were not aware of
the program and thought that more marketing efforts should be done to educate them about the program.
Staff explained that all residents within the CRA received a postcard advertising the program (see
attached). Additionally, there was an article in the Boynton Times in February of2008 showcasing the
program (see attached).
Staff explained that the funds for this fiscal year were committed to applicants in the pipeline and that
marketing the program without funding was not recommended (see attached e-mails). Staff suggested
that if the goal was to get more applicants from outside the HOB area, perhaps the Board could
appropriate additional funds for the program for this fiscal year.
FISCAL IMP ACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Program
RECOMMENDATIONS/OPTIONS:
1. Do not appropriate additional funds to the program in this fiscal year.
2. Appropriate additional funds for the program in this fiscal year including funds to market the
program from the contingency line item of the budget.
4/ffJ
Assistant Director
T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetingsl3-10-09 MeetinglRIP,doc
Brooks. Vivian
From:
'Sent:
To:
Subject:
Taylor, Jerry
Wednesday, February 11, 2009 3:07 PM
Brooks, Vivian
Re: Residential Improvement Program
This should be brought to the board for discussion.
Chair Taylor
Sent from my BlackBerry Wireless Device
-----Original Message-----
From: Brooks, Vivian
To: Bright, Lisa
CC: Taylor, Jerry; Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Weiland, Ronald
Sent: Wed Feb 11 11:27:48 2009
Subject: Residential Improvement Program
Lisa, the Vice Chair called me this morning to discuss the RIP and marketing efforts. He
suggested we send another mailer to the entire CRA. I pointed out that the funds
remaining in this fiscal year budget would be used up by the existing qualified
applicants. I also pointed out that if we spent the money to send a mailer advertising
the program without any funding, the citizens might not be too happy and the Board would
hear about it. With the next fiscal year budget down by $lM, funding for any of these
programs is not a guarantee. Therefore, until the next fiscal year's budget is adopted
and funds appropriated for the RIP I would not recommend spending the funds to advertise
the program.
However, if the Board desires, we can add an item to next month's agenda to discuss moving
funds into the RIP budget for this fiscal year from contingency. If that happens, then I
believe it would be appropriate to send out mailers to the residents of the CRA.
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
brooksvi@bbfl.us
"Energy and Persistance Alter All Things."
Benjamin Franklin
1
Brooks. Vivian
From: jreguez@aoLcom
Sent: Wednesday, February 11, 20094:46 PM
To: Brooks, Vivian; Bright, Lisa
Cc: Taylor, Jerry; Weiland, Ronald; Ross, Marlene; Hay, Woodrow
Subject: Re: Residential Improvement Program
Vivian, I dont know were the breakdown is here.... but if you think back. i did not call you to discLlss the
RIP program. I called you on another very specific matter.
In fact, you were the one that wanted to talk and continued to talk about the RIP. At no point did I ask
you to act on anything, give you direction to do anything, or ask you put place anything on the agenda
I'm very clear and aware of those protocols through the Executive Director.
I'm perfectly fine with the discussion and action that was discussed last night.
Best,
Jose
-----Original Message-----
From: Rodriguez, Jose <RodriguezJ@bbfl.us>
To: jreguez@aol.com
Sent: Wed, II Feb 2009 II :27 am
Subject: FW: Residential Improvement Program
Attached Message
From: Brooks, Vivian <BrooksVi@bbfl.us>
To: Bright, Lisa <BrightL@bbfl.us>
Cc: Taylor, Jerry <TaylorJ@bbfl.us>; Rodriguez, Jose <RodriguezJ@bbfl.us>; Ross, Marlene <RossM@bbfl.us>; Hay
Woodrow <hayw@bbfl.us>; Weiland, Ronald <WeilandR@bbfl.us>
Subject: Residential Improvement Program
Date: Wed, 11 Feb 2009 11 :27:48 -0500
_......._p, , .,..,.",..,...0', _.'. ,._...... .M. ..
Lisa, the Vice Chair called me this morning to discuss the RIP and marketing efforts, He suggested we send
another mailer to the entire CRA. I pointed out that the funds remaining in this fiscal year budget would be
used up by the existing qualified applicants, I also pointed out that if we spent the money to send a mailer
advertising the program without any funding, the citizens might not be too happy and the Board would hear
about it With the next fiscal year budget down by $1 M, funding for any of these programs is not a
guarantee. Therefore, until the next fiscal year's budget is adopted and funds appropriated for the RIP I would
not recommend spending the funds to advertise the program.
However, if the Board desires, we can add an item to next month's agenda to discuss moving funds into the
RIP budget for this fiscal year from contingency If that happens, then I believe it would be appropriate to send
out mailers to the residents of the CRA.
Vivian L Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
") 1'J.1I'J()()Q
l~flY~8~ eRA
Ii East Side-West S.,de-Seas,de Ren.,ssance
MEMO
Date: Wednesday, February 11, 2009
To: CRA Vice Chair Jose Rodriguez
From: Margee Walsh, CRA Marketing and Communications Director
RE: Residential Improvement Grant Direct Mail Campaign
As per our discussion at the February 10th CRA Board Meeting, attached please find copies of
the Residential Improvement Grant (RIP) direct mail flyer, which was sent to 7,706 households in
the CRA District, April, 2008. As Mike Simon commented at the meeting, the CRA office and
website's, .Contact Us. page, were inundated with inquiries as a result of the promotional
campaign. However, most of the callers did not meet the criteria of the program.
I also included a copy of the RIP brochure, which CRA staff distributes at special events and is
available in the CRA office lobby. A pdf. of the brochure was available on the CRA website in
2008, however it was recently removed after staff determined funds remaining in this fiscal year
budget would be used up by the existing qualified applicants.
Thank you.
Cc: CRA Chair Jerry Taylor
Board Member Ron Weiland
Board Member Woody Hay
Board Member Marlene Ross
Lisa A. Bright
Attachments
:)
:J
~~fl'We~ eRA
. East Side-West Slde"'Seaslde Renaissance
:;
.,
Apply today for up to $20,000 to improve
your homers exterior
How would you ~ke to perk up your home's exterior appearance and do
some much-needed repairs or improvements? The Boynton Beach
Community Redevelopment Agency (CRA) wants to help.
If you own a residential property in the CRA District, you may qualify
for up to $20,000 for exterior improvement projects through the CRA's
Residential Improvement Grant Program. To see if your property falls
within the CRA District, view the map at
www.boyntonbeachcra.com/craovervlew_mlsslon.php.
Eligible improvements include:
Residential Improvement Grant Program
It gives you a better property today and higher return on investment
if you ever want to sell your property. It gives the community an
enhanced appearance and quality of life that benefits everyone.
Begin the application process today by dowfllaading program guidelines
and an application form at
www.boyntonbeachcra.comfgrants.php or visiting:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway · 561-737-3256
OffIce Hours: Monday - Friday 8:30 a.m. to 5:30 p.m.
~~fl~elRA
Iii East SIde-WostSlde-SeasIde 110..........
915 South Federal Highway
Boynton Beach, florida 33435
Nww.boyntonbeachcra.com
3QYNTON ;'~ R';'
..... 3 ~ A C l-l ,'.
_ East Sirle"'.We<;l Side'.....Se.,'1:':,"ldc RC'Iul<.;.;-! I' i."
Media Contact:
Margee Adelsperger
CRA Marketing and Communications Director
(561) 737-3256, ext. 204 SPECIAL FOR BOYNTON FORUM
adelspergerm@ci.boynton-beach.fl.us February 20, 2008 Edition
RESIDENTIAL IMPROVEMENT GRANT
OFFERS FREE DOLLARS FOR EXTERIOR FIX-UPS
by Mayor Jerry Taylor, Board Chairman
Boynton Beach CRA
How would you like to perk up your residential property's appearance, do some
much-needed exterior repairs or improvements? The Boynton Beach Community
Redevelopment Agency (CRA) may be able to help, and if you move quickly, you
have a chance to get your improvements done and paid for before the 2008
hurricane season gets underway in June.
If you own a residential property in the CRA District, you may qualify for up to
$20,000 in funds for exterior improvement projects through the CRA's Residential
Improvement Grant Program. The program allows owners to apply for grants to
improve the outside of their homes. Applicant's income cannot exceed 120
percent of Palm Beach County's median household income relative to family
size.
Eligible improvements cover a range of exterior repairs, including:
. Painting exterior
. Hurricane shutters
. Exterior Doors
. Landscaping
. Irrigation
. Roof repair or replacement
Owners of properties that are not owner occupied can also participate, but they
must provide a dollar for dollar match and submit proof to be eligible for
reimbursement. The Residential Improvement Grant program may be used only
one time in a five-year period for anyone property. Applicants must own property
within the CRA District, which stretches from Interstate 1-95 to the Intercoastal
Waterway, and north and south to the city limits.
The program is for existing residential properties, including rental or income
properties if there are no outstanding City or County code enforcement violations
or other liens on the property. If you are a landlord for one of these rental
properties, you must sign an agreement that rents on improved units will not
increase more than five percent for the two-year period following completion of
the improvements.
All work must be in compliance with applicable Boynton Beach Building Codes
and all contractors must be licensed in Boynton Beach and/or Palm Beach
County. CRA funds will be paid directly to the contractor or contractors providing
the improvements upon completion of the work. Verification of completion of the
work must be provided along with a request for payment to the CRA. After that,
the CRA will reimburse grant funds within 30 days.
The Residential Improvement Grant gives residents a better, up-to-code property
today and higher return on investment when they want to move on. It also gives
the community an enhanced appearance and quality of life that benefits
everyone.
Think you or a family member could put the grant money to good use? Act now
while time is still on your side with the hurricane season still a few months away. I
2
encourage you to begin the application process today by downloading an
application form at www.bovntonbeachcra.com/qrants.php or visiting:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway, Boynton Beach
Phone: 561-737-3256
Office Hours: Monday - Friday, 8:30 a.m, to 5:00 p.m
Boynton Beach Mayor Jerry Taylor is Board Chairman of the Boynton Beach Community
Redevelopment Agency. The eRA guides redevelopment activities that create a vibrant
downtown core and revitalized neighborhoods within the Agency's district comprised of
1,650 acres along the eastern edge of the City of Boynton Beach. For more CRA
information, caI/561-737-3256 or log on to www.bovntonbeachcra.orq.
3
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lIJ!lfl~SitRA
. East Sld.~West Sld.~Susid.l\enalssanc.
c
915 South Federal Highway
Boynton Beach, Florida 33435
WWIN boyntonbeachcra com
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Apply today for up to
$ 20,000!
XI. OLD BUSINESS:
H. Consideration of Splash Down Dive Shop
Lease Renewal
. '\.' I,
~i
. ....\ '/:'."./'.'
, ~ \\. ..
, /" .:" ~ ;~:'~~ ,
f ~~~y~T2~ICR~\
~ East Side-West Side-Seaside Rena<,ssancf
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Approval for Splashdown Dive Shop Lease Renewal Extension
SUMMARY: At the regular meeting held on February 12, 2008, the CRA Board approved a lease
agreement with Splashdown Divers, Inc. for the CRA owned retail space located at 700 Casa Lorna
Boulevard. The current lease is set to expire on March 31, 2009.
The retail space is approximately 1,251 sqft in size and occupies the majority of leasable space on the
first floor of the building. The current lease rate is $1,500.00 per month and a total of $1,597.50
including sales tax. To date, the CRA has made no capital improvements or interior upgrades to the
existing building.
The attached Lease Amendment is for a one year term extension, at a rate to be determined, ending May
31, 2009. All other lease terms and obligations remain the same.
At the Board's discretion, staffis providing the following options:
Option 1:
Option 2:
Option 3:
Option 4:
Renew the lease for the term of one year at the current monthly rate of $1 ,500.00
Renew the lease for the term of one year at the adjusted monthly rate of $1 ,250.00
Terminate the lease agreement.
Other
FISCAL IMPACT: FY 08-09 Budget Annual Revenue between $15-18,000.00 depending on the
approved rental rate.
RECOMMENDATIONS: Provide Staff with Direction.
/~ ,.//" // '"'-
<-;10 ~~Jv 4h--
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY
2008 - 2009 Board Meetings\3-1O-09 Meeting\Splashdown Dive Shop Lease Renewal.doc
INTERIM LEASE AGREEMFi'\
THIS INTERIM LEASE AGREEMENT (hereinafter referred W a~ me Lease" ) made
and entered mto this _ day of , 2009. by and netween the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY. a PUbiJl agency created
pursuant to Chapter 163, Part 111. of the Florida Statutes ("Lessor' \\hose address for
the purposes hereof is 915 S. Federal Highway, Boynton Beach. lionda 33435. and
SPLASHDOWN DIVERS, INC.. a Florida Corporation ("Lessee") whose address for
the purposes hereof is 700 Casa Lorna Blvd.. Boynton Beach Florid<:;n4.i5. provides as
follow~
1. PURPOSE. The purpose and intent of this Lease is to enter into an mtenm
agreement prior to and during Lessor's renovations (discussed below') of the Leased
Premises (defined below). Upon completion of the renovations, Lessor and Lessee agree
to negotiate a longer-tern, more specific lease agreement.
2. LEASED PREMISES. Subject to and upon the terms, provisions. covenants and
conditions hereinafter set forth, and each in consideration of the duties. covenants and
obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee
and Lessee does hereby lease, demise and let from the Lessor those certain premises at
the building located at 700 Casa Loma Blvd.. First Floor (with the exception of the
Seamist Office), Boynton Beach, Florida 33435 (the "Premises" or "Leased Premises" as
further described on Exhibit "A" attached hereto). Lessor shall also lease to Lessee the
same boat slip Lessee has been utilizing. A separate boat slip lease agreement shall be
entered into so that the boat slip term coincides with this Lease Term.
3. TERM. The term of this Lease, and Lessee's obligations under this Lease, unless
otherwise expressly set forth herein, shall commence on April 1, 2009 ("Commencement
Date"). Lessee's obligation to pay rent (as defined below) shall commence on the
Commencement Date. The term of this Lease shall expire on March 31. 2010 (the "Lease
Term") unless otherwise agreed to in writing by the parties.
4. RENOVATIONS. During the Lease Term, Lessee and Lessor agree that
Lessor shall have the right to renovate and/or perform construction upon the Premises,
Upon receipt of a written notice to vacate, Lessee shall have thirty (30) days in which to
remove all of Lessee's items from the Premises. Lessee shall be notified in writing upon
completion of construction by Lessor and be provided with immediate access. or
reasonable access as otherwise set forth within such written notice, to return to the
Premises. Lessor shall use its best efforts to complete said construction within eight
months but cannot guarantee this time frame.
5. SECURITY. Upon execution of this Lease Agreement, Lessee has deposited
with Lessor the sum of Two-Thousand Five Hundred Dollars ($2,500.00) as a refundable
security deposit for the performance by Lessee of the terms of this Lease.
6. RENT. During the term of this Lease. the Lessee agrees and covenants to pay to
Lessor rent of ($ )per month plus
sales tax, thereby totaling Dollars and _ Cents ($ ) on
or before the lOth of each month with a five-day grade period. Checks should be made
out to the "Boynton Beach Community Redevelopment Agency." A late fee of One-
Hundred Dollars ($100.00) shall be applied to any rent payments which are more than
five (5) days late. Lessor reserves the right to increase the rent payment at the end of the
Lease Term. Lessor shall be responsible for the provision and payment of utilities, which
includes electricity, water and garbage pickup. No rental payments shall be due or owing
for any period during which Lessee is out of the Leased Premises due to construction or
renovations being done by Lessor at Lessor's request.
6.1 Upon completion of said renovations (as referenced in paragraph 4 above),
if the rental square footage is less than on the Commencement Date, then the Rent shall
be reduced in proportion to the area of the Leased Premises so taken.
6.2 Any and all taxes shall be paid by the Lessor and the Lessee shall reimburse the
Lessor within 30 days of payment or the Lease is considered to be in default.
7. USE. Lessee shall use the Leased Premises for the sole purposes of operating a
full service dive center. Lessee shall comply with all laws, ordinances, rules and
regulations of applicable governmental authorities respecting the use, operation and
activities of the Leased Premises, and the Common Areas, and Lessee shall not make,
suffer or permit any unlawful or improper use of the Leased Premises or Common Areas,
or any part thereof.
8. COMMON AREAS. The "Common Areas" are defined as the parking areas,
entrances, and all other areas except for the actual Leased Premises and the real property
upon which it is located (as shown on Exhibit A) devoted to the common use of all
tenants. Public parking for use by Lessee and Lessee's customers is provided in the
adjacent Marina Village garage. Lessee may not place any furniture, equipment or any
other items in the Common Areas.
9. ALTERATIONS TO THE PREMISES. Lessee shall not make any alteration
or addition to the Leased Premises without first obtaining the express prior written
consent of Lessor.
10. TENANT IMPROVEMENTS. Lessee, at Lessee's expense, may only make
those certain interior leasehold improvements to the Leased Premises in accordance with
and pursuant to plans and specifications approved in writing in advance by Lessor. Any
interior improvements made to the Leased Premises without Lessor's written approval
shall constitute a default of this Lease.
11. ASSIGNMENT. MORTGAGING. SUBLETTING. ATTORNMENT. Lessee
shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or
encumber any legal or equitable interest in the Lease, in whole or in part, or sublet the
whole or any part of the Premises, or permit the use of the whole or any part hereof by a
license or concessionam:' or am nerson without first obtaining the expre~~ nn(! wntlt'
approval of Lesso:
12. INSPECTION. The Lessee agrees and covenants that the Lessor. or Its age!H~ !
all reasonable times and upon reasonable notice to the Lessee shall have free acces~; to th~
Leased Premises for the purpose of examining or inspecting the condition of the samt' l'
of exercising any right of power of this Lease. or for the purpose of making alteratlon~ P'
repairs to the Premises of which the Premises are a part or to exhibit said PremIses nno:
to the expiration of this Lease. Lessee shall provide a set of keys to Lessor lor suct
purposes. Lessor agrees that it will not unreasonably interfere with the condUCl n
Lessee's business during such necessary inspections.
13. CASUALTY. In the event the Leased Premises shall be destroyed, damageo O'
injured by fire or other casualty during the life of this Lease, then the Lessor shall. at
Lessor's option have the right to render the Leased Premises untenantable ninety (90)
days therefrom. If the Leased Premises are not rendered tenantable within said time, or if
Lessor shall decide not to restore the Premises, Lessor shall cancel this Lease. and in the
event of such cancellation, the Rent shall be paid only to the date of such fire or casualty.
All costs of casualty repair; herein mentioned shall be paid by Lessor at its own expense
unless Lessee caused such destruction, damage or fire and in that case Lessee shall be
fully responsible for all costs associated therewith. If the Leased Premises are rendered
untenantable, and such untenantability continues for ninety (90) days, Lessee. at Lessee's
option may terminate the Lease as of the date of the casualty occurrence only if the
Leased Premises cannot be used for Lessee's intended use. The cancellation herein
mentioned shall be evidenced in writing. Base Annual Rent and Additional
Rent (collectively "Rent") shall not be due and owing for the period of untenantability.
however if the Leased Premises are not untenantable, Rent shall continue to be due and
payable.
14. SIGNS. No sign or visual advertisement shall be placed on the exterior of the
Premises (unless already installed on the Premises upon the start of the lease Term)
without first obtaining the express prior written consent of Lessor, however, Lessee shall
be entitled to have signage on the door of the Premises consistent with door signage
utilized by other tenants and as approved by Lessor; such signage to be at Lessee's
expense.
15 . REPAIR. Any and all repairs of whatever kind or nature, the value of which
exceeds $75.00 (Seventy-five dollars) made necessary to the Leased Premises, including,
but not limited to, all electrical, plumbing, heating, air-conditioning and other mechanical
installations therein, and all doors and all plate glass and door window glass, shall be the
sole responsibility of the Lessor and Lessor will use its best efforts to promptly make
such repairs upon receipt of written notice.
16. EVENTS OF DEFAULT. The occurrence of any of the following shalL in
addition to any other events of default provided herein, constitute an event of default
hereunder and the parties shall have all remedies available at law or equity and as set
forth herein:
16.1 The filing of a petition by or against Lessee for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee
of Lessee or Lessee's property; or an assignment by Lessee for the benefit of creditors; or
the taking possession of the property of Lessee by any governmental officer or agency
pursuant to statutory authority for the dissolution or liquidation of Lessee; or if a
temporary or permanent receiver or trustee shall be appointed for Lessee or for Lessee's
property and such temporary or permanent receiver or Trustee shall not be discharged
within ninety (90) days from the date of appointment; or any other execution, levy,
attachment or other process of law upon Lessee's interest in the leasehold estate or any
part thereof; or if any judgment entered against Lessee has not been satisfied or bonded
within ninety (90) days of the date of the judgment.
16.2 Failure of Lessee to pay when due without notice any installment of rent
hereunder, or any other sum herein required to be paid by Lessee. Notwithstanding the
foregoing, Lessee shall have fifteen (15) days to cure after receiving written notice of
such default.
16.3 Failure of Lessee to perform or observe any other agreement or condition
on Lessee's part to be performed or observed as stated herein and Lessee fails to cure
such default within twenty (20) days after the mailing of notice via certified mail of said
default by Lessor.
17. LANDLORD'S REMEDIES. Upon the occurrence of any event or events of
default or other breach of this Lease by Lessee, Lessor shall have the right, at its election,
to cancel and terminate this Lease and dispossess Lessee, but only after giving the Lessee
twenty (20) days written notice to cure any default. Landlord shall have all available
remedies at law or in equity in the event of default.
18. OUIET ENJOYMENT. Upon payment by Lessee of all rent herein provided,
and upon the observance and performance of all terms, provisions, covenants and
conditions on Lessee's part to be observed and performed, Lessee shall, subject to all of
the provisions, covenants and conditions of this Lease, be entitled to peaceably and
quietly hold and enjoy the Leased Premises for the term hereby demised. However,
Lessee hereby acknowledges that construction may occur on or around the Leased
Premises and therefore, quiet enjoyment may not be possible during such construction.
Any such noise or disruption caused by construction shall not constitute a default of this
Lease.
19. SUBORDINATION. ATTORNMENT. AND ESTOPPEL STATEMENT.
Lessee agrees that this Lease shall be subordinate any mortgages or trust deeds or any
other security interest which has been or that may hereafter be placed upon the Premises
by the Lessor, and to the interest and all obligations secured by them, and to all renewals,
replacement" and extensions of them. The prOVISIOns of thIS para~rapl! Sildi !'1e selt-
operative. bul Lessee covenants and agrees that upon request b\ ! l'sso: essec shall
execute all Qocuments necessary to evidence its subordinate positlOJI reearcimu "hi, I.ease
and all of Lessee's rights hereunder.
19.1 If any mortgagee comes into possession or ownership of the PremIses.
acquires Lessor's interest by foreclosure of a mortgage or otherwise. Lessee \.vill attorn to
such mortgagee. If any mortgagee shall request reasonable modificatIOns to this Lease as
a condition to disbursing any monies to be secured by a mortgage encumbering the
Premises, Lessee agrees that, within fifteen (15) days after such a request from Lessor.
Lessee shall execute and deli ver to Lessor an agreement, in form and substance
satisfactory to Lessor and to said mortgagee, evidencing such modifications; provided,
however, that such modifications do not increase Lessee's monetary obligations under
this Lease or materially adversely affect Lessee's leasehold interest granted by this Lease.
19.2 __Within fifteen (15) days after request by Lessor or any mortgagee of Lessor. then
Lessee shall deliver in recordable form a statement to Lessor, any such mortgagee
or to such other party as requested by Lessor, certifying that the Lease is in full force and
effect, that Lessee is in possession, that Lessee has commenced the payment of rent and
that there are no defenses or offsets to the Lease claimed by Lessee, or if claimed. the
nature of such defenses or offsets, and any other information required by Lessor. In
addition, Lessee shall provide Lessor within ten (10) days written notice from Lessor, any
and all financial information regarding Lessee and any Guarantors of the Lease which
may be reasonably requested by Lessor or Lessor's mortgagee in connection with any
financing or refinancing of the Premises or in connection with Lessor's due diligence with
respect to the financial capacity of Lessee, and the Guarantor
20. HAZARDOUS MATERIALS. Lessee shall not store or dispose of any
hazardous material or waste in or about Premises. Lessee shall indemnify and hold Lessor
harmless from and against any claims, damages, costs, expenses or actions which arise
out of any breach of this provision, including any attorneys' fees and costs incurred with
respect to same, and such indemnity shall survive the termination ofthe Lease.
Lessee warrants and represents that it will, during the period of its occupancy of the
Premises under this Lease, comply with all federal, state and local laws, regulations and
ordinances with respect to the use, storage, treatment, disposal or transportation of
Hazardous Substances. Lessee shall indemnify and hold Lessor harmless from and
against any claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, reasonable attorneys' fees and costs) arising from the
breach of the preceding warranty and representation. The provisions of this Section shall
be in addition to any other obligations or liabilities IJessee may have to Lessor at law and
equity and shall survive termination of this Lease.
21. BROKERS. Lessor and Lessee each represent and warrant to the other that
neither party has consulted, dealt or negotiated with any real estate broker, salesperson or
agent to whom Lessor agrees to pay a fee pursuant to separate agreement.
22. WAIVERS. The failure of Lessor to insist, in anyone or more instances upon a
strict performance of any of the covenants of this Lease, including the acceptance of a
lesser amount of rent, or to exercise any option or remedy herein contained, shall not be
construed as a waiver or a relinquishment for the future such covenant, option, or
remedy, but the same shall continue and remain in full force and effect.
23. INDEMNIFICATION. In consideration of said Premises being leased to
Lessee, Lessee agrees: that Lessee, at all times will indemnify and keep harmless Lessor
from all damages, liabilities and expenses, which may arise or-be claimed against Lessor
and be in favor of any persons, firms or corporations, for any injuries or damages to the
person or property of any person, firms or corporations, consequent upon or arising from
the use or occupancy of said Premises by Lessee, or consequent upon or arising from any
acts, omissions, neglect or fault of Lessee, its agents, servants, employees, licensees,
visitors, customers, patrons or invitees, or consequent upon or arising from Lessee's
failure to comply with any laws, statutes, ordinances, codes or regulations as herein
provided; that Lessor shall not be liable to Lessee for any damages, losses or injuries to
the person or property of Lessee which may be caused by the acts, neglect, omissions or
fault of any persons, firms or corporations, except when such injury, loss or damages
results from gross negligence of Lessor, its agents or employees, and the Lessee will
indemnify and keep harmless Lessor from all damages, liabilities, losses, injuries or
expenses which may arise or be claimed against Lessor and be in favor of any persons,
firms or corporations, for any injuries or damages to the person or property of any person,
firms or corporations, here said injuries or damages arose about or upon said Premises, as
a result of the negligence of Lessee, its agents, employees, servants, licensees, visitors,
customers, patrons and invitees. All personal property placed or moved into the Leased
Premises shall be at the. risk of Lessee or the owners thereof, and Lessor shall not be
liable to Lessee for any damages to said personal property.
24. INSURANCE. Lessee shall maintain, with respect to the Leased Premises,
comprehensive general liability insurance with limits of not less than One Million Dollars
($1,000,000.00) for injury or death from one accident. A copy of the policy or a
certificate of insurance shall be delivered to Lessor on or before the commencement date
and no such policy shall be cancelable without ten (10) days prior written notice to
Lessor. During any such time Lessee is required to be out of the Leased Premises at the
request of Lessor, Lessor shall be responsible for payment of comprehensive general
liability insurance as set forth within this paragraph in the form of reimbursement to
Lessee or credit towards Rent.
25. SURRENDER OF PREMISES. Lessee agrees to surrender to Lessor, at the end
of the term of this Lease or any extension thereof, and/or upon any cancellation of this
Lease, said Leased Premises in as good condition as said Leased Premises were at the
beginning of the Term of this Lease, ordinary wear and tear excepted.
26. SUCCESSORS. This Lease shall bind the parties and their assigns or successors,
and their heirs, assigns, administrators, legal representative, executors, or successors as
the case may be of the Lessee.
.27. TIME.lt is understood and agreed between the partles nerelO that tIme is of the
essence of this Lease and this applies to all terms and c(1nditlOm contained herein.
n. ACTS OF GOD. ETC. Lessor shall be excused tor llle penod ot any delay in the
performance of any obligations hereunder when prevented from so doing by cause or
causes beyond Lessor's reasonable control which shall include, without limitation, all
labor dIsputes. civil commotion, civil disorder. riot. vi \"j disturbance, war. war-like
operations. invasion, rebellion. hostilities. militan y usurped power. sabotage.
governmental regulations. orders, moratoriums. or controls fire or other casualty.
inability to obtain any materiaL services or acts of (JOt
29. NOTICE. Any notice required or permitted to be given under this Lease must be
in writing and may be served and shall be deemed to have been served (i) by depositing
same in the United States mail, addressed to .the party to be notified. postage prepaid and
registered or certified with return, receipt requested; (ii) by delivering the same in person
to the party and obtaining a receipt therefore; or (iii) by depositing the same into the
custody of a nationally recognized overnight delivery service. addressed to the pasty to be
notified. For purposes of notice, the addresses of the parties shall be as follows'
If to Lessor to:
Boynton Beach Community Redevelopment Agency
915 S . Federal Highway
Boynton Beach, Florida 33435
Attn: Lisa Bright, Executive Director
With a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard. Suite 100(J
West Palm Beach, Florida 33401
If to Lessee to:
Splashdown Divers, Inc.
700 Casa Lorna Blvd.
Boynton Beach, Florida 33435
Attn: Lynn Simmons
From time to time either party may designate another address by giving the other party no
less than ten (10) days advance notice of such change of address in accordance with the
provisions hereof.
30. LAWS. This Lease is made under the laws of the State of Florida. Venue for any
action between the parties hereto shall be in Palm Beach County. Florida.
31. AGREEMENT. This Lease contains the entire agreement between the parties
and no amendment or modification of this Lease shall be binding or valid unless
expressed in a separate writing executed by both parties hereto.
32. ATTORNEYS FEES. The prevailing party in any litigation arising from or
related to this Lease shall be entitled to recover its reasonable attorneys' fees and costs at
all trial and appellate levels.
33. RECORDATION. Lessee or Lessor shall not record in any public record this
Lease or any part or memorandum thereof, without the express advance written approval
of the other party.
34. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building- in sufficient quantities, may present health
risks to who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
35. HOLDING OVER. In the event that Tenant or anyone claiming under Tenant
shall continue occupancy of the Leased Premises after the expiration of the term of this
Lease or any renewal or extension thereof without any agreement in writing between
Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend
or renew the term of the Lease, but such occupancy shall continue as a tenancy at will,
from month to month, upon the covenants, provisions and conditions herein contained. In
such case, the rental shall double the rental amount in effect during the term of this Lease
as extended or renewed, prorated and payable for the period of such occupancy.
36. INVALIDITY OF PARTICULAR PROVISION. If any term or provision of
this Lease or the application hereof to any person or circumstance shall, to any extent, be
held invalid or unenforceable, the remainder of this Lease, or the application of such term
or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Lease
shall be valid and be enforced to the fullest extent permitted by law, provided five (5)
days written notice of same is provided to Lessee.
37. WASTE. Lessee shall occupy the Leased Premises in a careful and proper
manner and not commit any waste thereon.
38. EFFECTIVE DATE. This Agreement shall be effective on the date that the last
party to sign executes this Agreement, or April 1, 2007, whichever is later (hereinafter
"Effective Date").
39. RIGHT OF FIRST REFUSAL. In further consideration for the execution of
this Lease, Lessor hereby grants to Lessee a first refusal option to lease the Leased
Premises at the conclusion of the Lease, before all others. Such option shall inure to the
benefit of Lessee only and shall expire sixty (60) days after expiration of the Term of this
Lease (hereinafter "refusal option period") if not accepted by Lessee. Approximately 30
days prior to the expiration of this Lease, Lessor shall send written notice to Lessee and
her legal counsel, detailing all of the terms and conditions of a new lease for the Leased
Premises.
IN WITNESS WHEREOF. the parties hereto have hereunto executec' th]" mstrument for
the purpose nerein expressed. the day and year fist above wrmel
Signed. sealed and delivered
in the presence (':
"LESSOR"
BOYNTON BEACH COMMUNIT'i
REDEV/ELOPMENT AGFNC
Date:
"LESSEE"
SPLASHDOWN DIVERS. INC'.. a Florida
Corporation
By:__________...
Its: President
Print Name: Lynn Simmons
Date:
XII. NEW BUISNESS:
A. Consideration of Purchase Agreement for 111 NE
9th Avenue
~"".'.\.~.''"-'
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~~~~y~T8~1c RA
. East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Consideration of Purchasing Property located at 111 NE 9th Avenue
SUMMARY: At the February 11,2009 CRA workshop, Auburn Group's representative, Cito
Beguiristain, stated that the CRA could purchase property within the MLK project area and deduct the
amount the CRA spent on the property from the amount due Auburn Development under the proposed
Master Development Agreement.
Staff contacted some of the property owners within the Phase I area to see if they were interested in
selling. The owners of 111 NE 9th Avenue (see attached map) were not under contract with Auburn and
are interested in selling their property for $300,000. However, they do not want to enter into a contract
until the CRA conducts an appraisal and is willing to purchase the property for $300,000.
The seller's asking price of $300,000 equates to $49.59 per square foot.
FISCAL IMP ACT: $300,000 from the MLK Redevelopment line item.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS: Direct staff to obtain an appraisal of the property.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\3-10-09 Meeting\PA 111 NE 9th Ave.doc
_LL
----
XII. NEW BUSINESS:
B. Consideration of Purchase Agreement for Two
Lots on NE 9th Avenue
\1
~. ~. ..
. .."",~L~...,.
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I /"';;':, "~;""
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· -~<tY~T2~ eRA
ill East Side -West Side-Seaside Rena'lssancE
eRA BOARD MEETING OF: March 10,2009
I I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration of Purchase Agreement for Two Lots on NE 9th Avenue
SUMMARY: At the February 11,2009 CRA workshop, Auburn Group's representative, Cito
Beguiristain, stated that the CRA could purchase property within the MLK project area and deduct the
amount the CRA spent on the property from the amount due Auburn Development under the proposed
Master Development Agreement.
Staff contacted some of the property owners within the Phase I area to see if they were interested in
selling. The owner of two vacant lots on NE 9th Avenue (see attached map) was not under contract with
Auburn and is interested in selling his property for $275,000. The lots are approximately 6,600 sq. ft.
each.
The attached contract is contingent upon a favorable Phase I environmental assessment and the property
appraising for at least the purchase price.
The contract price of$275,000 equates to $20.83 per square foot.
FISCAL IMPACT: $275,000 from the MLK Redevelopment line item.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS: Purchase the lots.
~
Vi\rian L. Brooks
Assistant Director
TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\completed Agenda Item Request Forms by Meeting\FY 2008.2009 Board Meetings\3-10-09 Meeting\Lots NE 9th Ave PAdoc
PURCHASE AGREEMENT
Page 1 of 11
PURCHASE AGREEMENT
This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of
the Florida Statutes (hereinafter "CRA") and W ayde L. King, a single man (hereinafter
"SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree
as follows:
1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and convey to
CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions
hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and
more particularly described as follows and is subject to verification by a survey:
Legal Description: Lot 4, Block 4, of PALM BEACH COUNTRY
CLUB ESTATES, according to Plat thereof, as
recorded in Plat Book 11, Page 43, of the Public
Records of Palm Beach County, Florida
Parcel Number: 08-43-45-21-10-004-0040
Together With: Lot 12, Block 4, of PALM BEACH COUNTRY
CLUB ESTATES, according to Plat thereof, as
recorded in Plat Book 11, Page 43, of the Public
Records of Palm Beach County, Florida
Parcel Number: 08-43-45-21-10-004-0120
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Two Hundred Thousand and Seventy-Five Dollars ($275,000.00) Dollars,
payable in cash, by wire transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Money Deposit. Within five (5) Business Days after the Effective
Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit
in the amount of Five Thousand Dollars ($5,000.00) Dollars (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
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PURCHASE AGREEMENT
Page 2 of ] 1
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Pal!
shall have such additional rights, if anv. as are provided in Section 12,
3.3 Escrow Agent. eRA and SELLER authorize Escrow Agent to receivt
deposit and hold funds in escrow and. subject to clearance, disburse them upon propel
authorization and in accordance with Florida law and the terms of this Agreement. The partie~
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items tl
CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of thl'
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrO\\<
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds. which are charged and awarded as
court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated.
so long as Escrow Agent consents to arbitrate.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS;
EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on 01
before March 31, 2009, this offer shall be deemed withdrawn. Unless otherwise stated, the time
for acceptance of any counteroffers shall be five (5) days from the date the counteroffer ]~
delivered. The date of this Agreement (the "Effective Date") shall be the date when the last one
of the CRA and SELLER has signed or initialed this offer or the final counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before June 25, 2009 unless extended due to the requirement of an additional sixty (60) day
inspection period (the "Closing"), unless extended by other provisions of this Agreement or by
written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing. SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined).
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) covenants, conditions.
easements, dedications, rights-of-way and matters of record included on the Title Commitment
or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA
agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof
7. FEASIBILITY PERIOD. CRA, and CRA's agents, employees, designees,
Contractors, surveyors, engineers, architects. attorneys and other consultants (collectively.
"Agents") shall have sixty (60) days from the Effective Date of this Agreement ("Feasibility
Period"), at CRA's expense, to make inquiries of, and meet with members of Governmental
Authorities regarding the Property and to enter upon the Property, at any time and from time to
time with reasonable notice to SELLER and so long as said investigations do not result in a
business interruption, to perform any and all physical tests, inspections, and investigations of the
Property, including but not limited to Phase I and Phase II investigations in the event a Phase II
is recommended the CRA shall be afforded a sixty (60) day extension to the Feasibility Period..
During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to
terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this
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PURCHASE AGREEMENT
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Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the
condition existing on the Effective Date, subject to such disturbance as was reasonably necessary
or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall
repair and restore any damage caused to the Property by CRA' s testing and investigation; and
(iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA' s
testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from
and against all claims, losses, expenses, demands and liabilities, including, but not limited to,
attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of CRA's investigation of the Property.
However, CRA's indemnification obligations shall not exceed its statutory limits as provided
within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights.
SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses,
expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment
for services rendered to SELLER or for damage to persons or property (subject to the limitation
on practicability provided above) arising out ofCRA's investigation of the Property. SELLERS'
obligations under this Section shall survive the termination, expiration or Closing of this
Agreement.
7.1 SELLER' Documents: SELLER shall deliver to CRA the following
documents and instruments within five (5) days of the Effective Date of this Agreement: copies
of any reports or studies (including environmental, engineering, surveys, wetland resource
permits soil borings and other physical reports), permits, licenses, variances, building plans,
authorizations, and engineering plans in SELLER' possession or control with respect to the
physical condition of the Property, if any.
7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall order
a Title Commitment covering the Property and proposing to insure CRA in the amount of the
Purchase Price subject only to the Permitted Exceptions, together with complete and legible
copies of all instruments identified as conditions or exceptions in Schedule B of the Title
Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER
no later than twenty (20) days after the receipt of the Title Commitment notifying SELLER of
any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). SELLER
shall have thirty (30) days to diligently and in good faith undertake all necessary activities to
cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event that
SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title
Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and
absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one
additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of
Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall
immediately be returned to CRA and the Parties shall have no further obligations or liability
hereunder, except for those expressly provided herein to survive termination of this Agreement.
Prior to the Closing, CRA shall have the right to obtain an updated Title
Commitment ("Title Update") covering the Property. If any Title Update contains any
conditions which did not appear in the Title Commitment, and such items render title
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unmarketable. CRA shall have the right to object to such new or diflerent conditions in writing
prior to Closing. All rights and objections of the Parties with respect to objections arising from
the Title Update shall be the same as objections to items appearing in the Title Commitment.
subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense. may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 11100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations. the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2 Approval by CRA Board. The Purchase Agreement is contingent upon the
approval and authorization by the CRA Board.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes.
requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the CRA at time ot
closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to-
month basis, were given proper notice to vacate and there are no leases on the property.
8.6 Verification of Purchase Price. The CRA and SELLERS agree that this
Agreement is contingent upon the Purchase Price being verified by an independent residential
appraisal to be conducted by a mutually agreed upon appraiser at the CRA's expense. If the
Purchase Price exceeds the appraised value, the CRA shall have the right to terminate this
Agreement under the terms of Section 7 of this Agreement.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
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Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to the CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 SELLER'S Affidavits. SELLER shall furnish to CRA an owner's
affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against
the Property under the applicable construction lien law; and that there are no parties in
possession of the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign
affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits
referenced above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and
expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute
and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as CRA may reasonably
request that SELLER execute and deliver, and any other documents required by this Agreement
or reasonably necessary in order to close this transaction and effectuate the terms of this
Agreement.
10. PRORA nONS. CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Assessments, rents, interest, insurance and other expenses of
the Property shall be prorated through the day before Closing. CRA 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 increased or decreased as may be required by prorations to be
made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to CRA.
10.2 The CRA and Seller shall comply with Section 196.295 Florida Statutes
(2008) with the respect to the payment of prorated ad valorem taxes for the year of closing by
Seller paying into the Registry of the Palm Beach County Tax Collector's office an amount
determined by the Tax Collector to be due up to the actual day of closing. In the event that
subsequent to closing the actual amount of assessed ad valorem taxes for the Property for the
year of closing is higher than the estimate and monies paid into the Registry, then the Seller shall
be responsible for the additional tax. In the event the actual amount due is lower than the amount
paid into the Registry, the Seller shall be entitled to receive as a refund the excess amount paid
over the actual amount of taxes due. This provision shall survive closing.
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10.3 Special Assessment Liens. Certified. confirmed and ratified special
assessment liens imposed by public bodies as of Closmg are to be paid by SELLER. Pending
liens as of Closing shall be assumed by CRA. If the improvement has heen substantiall)
completed as of the Effective Date, any pending lien shall he considered certified. confirmed OJ
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body
10.4. Closing Costs. SELLER shall pay for all documentary stamps on the
deed, recording the deed, the cost associated with the updating of title and half of all general
closing expenses (settlement fee, courier fees, overnight package, etc.). All other costs of
closing shall be borne by CRA. Each party shall be responsible for their own attorney's fees.
10.5 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall. at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and promptly
thereafter, record the Deed and other recordable Closing Documents in the appropriate public
records.
10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain.
or cause to be obtained, satisfaction or release of record of all mortgages. liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS. COVENANTS AND WARRANTIES.
11.1 SELLER's Representations and Warranties. SELLER hereby represents.
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid.
good, marketable and insurable fee simple title to the Property, free and clear of all liens.
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrovv
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
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have any further obligation or liabilities under this Agreement CRA and SELLER acknowledge
that if CRA defaults, SELLER's sole remedy shall be retention of the deposit. CRA and
SELLER agree that this is a bona fide liquidated damages provision and not a penalty or
forfeiture provision.
12.2. SELLER Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice
delivered to SELLER, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to cure the default. The defaulting Party shall have fifteen (15)
days from delivery of the notice during which to cure the default, provided, however, that as to a
failure to close, the cure period shall only be three (3) Business Days from the delivery of notice.
12.4. Survival. The provisions of this Section 12 shall survive the termination
of this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
If to SELLER:
Wayde L. King
646 Snug Harbor Drive, H206
Boynton Beach, FL 33435
If to Buyer:
Lisa A. Bright, Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
James Cherof
CRA Attorney
th
76 NE 5 Avenue
Delray Beach, FL 33483
PH: 561-276-9400
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14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of thl
Agreement are hereby made binding on. and shall inure to the benefit of, the successors ant
permitted assigns of the Parties hereto. eRA shall have the right to assign this Agreement [I
the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shal
be released from any further obligations and liabilities under this Agreement. The CRA may 11' \
assign this Agreement to any other party without the prior written approval of SELLER, whic!
shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreemell'
and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florid"
Statutes, (as it may be amended from time to time). shall apply.
15. BROKER FEES. The SELLER and BUYER hereby states that they have no!
dealt with a real estate broker in connection with the transaction contemplated by this Agreement
and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless
the CRA from and against any and all claims. losses, damages, costs or expenses (including.
without limitation, attorney's fees) of any kind or character arising out of or resulting from an)
agreement, arrangement or understanding alleged to have been made by SELLER on its behalf
with any broker or finder in connection with this Agreement. The provisions of this Section
shall survive Closing or termination of this Agreement.
16. Environmental Conditions.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant.
petroleum, petroleum product or petroleum by-product as defined or regulated by environmental
laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of
such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal.
state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions.
16.1.1 As a material inducement to CRA entering into this Agreement, SELLER
hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it have any notice of any past.
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events.
conditions, activities or practices on contiguous property that is owned by SELLER which may
give rise to any liability or form a basis for any claim, demand, cost or action relating to the
Disposal of any Pollutant affecting the SELLER property.
(3) There is no civil. criminal or administrative action, suit, claim.
demand, investigation or notice of violation pending or, to the best of that entity's knowledge.
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threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER.
16.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information
and belief, hereby represents and warrants the following:
16.2.1 There are no pending applications, permits, petitions, contracts, approvals,
or other proceedings with any governmental or quasi-governmental authority, including but not
limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies,
concerning the use or operation of, or title to the Property or any portion thereof and SELLER has
not granted or is not obligated to grant any interest in the Property to any of the foregoing entities.
16.2.2 There are no facts believed by SELLER to be material to the use, condition
and operation of the Property in the manner that it has been used or operated, which it has not
disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the
condition of the Property which will impair the use or operation of the Property in any manner.
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable county and governmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without limitation, applicable zoning
and environmental laws and regulations.
16.3 SELLER Deliveries.
SELLER shall deliver to CRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
16.3.1 Prior to the Closing Date, SELLER shall execute and deliver to CRA any
and all documents and instruments required by CRA, in CRA's sole and absolute discretion,
which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof
which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the
Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior
to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the
Governmental Approvals (including but not limited to any and all portions of the surface water
management system, mitigation areas or other items which do not comply with the
Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at
the time of Closing, any unrecorded instruments affecting the title to the Property, including, but
not limited to any conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1. General. This Agreement and any amendment hereto, may be executed in
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PURCHASE. AGREEMENT
Pa2:e ](1 of'
an~ number of counterparts, each of which shall be deemed to he an original and all of which
shalL together, constitute one and the same instrument The section and paragraph headings
herein contained are for the purposes of identification onl~ and shall not be considered ir
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entin'
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire
agreement between the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws 01
the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County.
Florida, or, should any cause of action be limited to federal jurisdiction only. in the United State~
District Court for the Southern District Court of Florida.
17.2. Computation of Time. Any time period provided for in this Agreement
which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full
Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
of any item by a party with knowledge of a breach of this Agreement by the other party in the
performance of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
of this Agreement and the Closing.
17.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Parties.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine.
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions of this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of Jury TriaL As an inducement to CRA agreeing to enter into this
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Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and obligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA's possession of the Property.
17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees
that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by
SELLER in connection with the transaction contemplated by this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
SELLER
By:
Print Name: Jerry Taylor
Title: Chair
Print Name: Wayde L. King, a single man
Witnesses:
Witnesses:
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Bright, Lisa
Gary Hines [ghines@bdb.org]
Monday, March 09, 2009 4:30 PM
Bill Wood; Danny Martel; Dennis Gallahger; Diana McGonigal; Donald Kiselewski; Gary Hines; George
Elmore; George Petrocelli; Glenn Jergensen; Keith O'Donnell; Bressner, Kurt; Bright, Lisa; Michael Rice;
Steve Crist; Steven Garine; Troy McLellan
Subject: FAM 2009 Guest comments
Attachments: F AM2009Consultant.comments.2.doc
From:
Sent:
To:
Dear FAM 2009 Sponsors:
I've attached comments from the site consultants who attended this year's Palm Beach County Familiarization Program. As you
can see from the comments, we were successful in dispelling the all too common misimpression of folks outside Florida that Palm
Beach County is only about golf, the beaches and retirement condos. FAM 2009 visits to business parks, Scripps Florida, Pratt &
Whitney Rocketdyne, Sikorsky Aircraft and the world headquarters of Office Depot along with conversations you our sponsors had
with the consultants were key to the program's success in showcasing the world-class technology and innovation being done in
Palm Beach County. BDB has received qualified prospect referrals from FAM 2007, FAM 2008 and now FAM 2009 guests. Of
course, there is no guarantee these will result in closed deals but at least Palm Beach County is now on the radar screens of more
than 30 site consultant companies around the U.S. and Canada.
We could not have done this program without your sponsorship support and direct participation. Thank you again.
Best regards,
Gary
Gary Hines
Senior Vice President, Administration
Business Development Board of Palm Beach County, Inc.
310 Evernia Street
West Palm Beach, FL 33401
561.835.1008 651.4111 direct
ghines@bdb.org
WW'!:!... bdJ2,QI9
The BDB is an Accredited Economic Development Organization (AEDO) by the International Economic Development Council in
Washington, D.C.
03/09/2009
2009 International Site Consultant - Palm Beach County Familiarization Program
Consultant Comments
Kelly and Gary:
Thanks so much for your hospitality during the 2009 FAM tour. And thank you for inviting me. I have visited so
many places over the years and Palm Beach certainly stands out. It has been years since I visited and never before
like that. You have so many assets you should consider doing one of our publisher-prepared supplements. It looks
as if we could get plenty of support from the Trade Allies such as commercial real estate firms, port, airport,
attorneys, contractors and the like. Again, thanks. I truly did enjoy the visit. I will be sure to let the Governor know
what a great time in I had in Palm Beach County when I see him.
Michael C. Randle
Southern Business & Development
POBox 130789
Mountain Brook AL 35213
(Received 2/16/09)
Dear Kelly and Gary--
Thanks so much for your kind hospitality of last week. Sheila and I thoroughly enjoyed it, and
were most impressed with all that your very dynamic area can offer.
It was a great learning experience, and we look forward to the opportunity to work with you on
projects.
Frankly, I have been on many FAM tours, but yours is one of the very best I have ever
attended. I know how difficult these are to put together, and the job you did was just
outstanding.
Let's stay in touch. Any time we can be of assistance, please do not hesitate to call.
Regards-
Bill Boyd
(President, Site Location Services, Whomissing, P A)
Ree. 2/17/09
Hello,
Don and I had a wonderful time at the event last week. I really enjoyed learning more about the business
environment in Palm Beach County - I have to admit, you surprised me! The area has a much more extensive
business network than I expected.
Gary, thanks for accommodating our change of plans on Friday. My mom is doing much better. I appreciate your
help with our travel arrangements.
Thanks again and stay in touch. I hope to have a project in your area soon!
Suzanne Davis
Vice President
Bingham Economic Development Advisors, LLC
Rec. 2/18/09
Dear Gary:
I wanted to extend a warm thank you for all the effort that you put into making our trip a pleasant experience. Erin
and I really appreciate all that your detailed planning. You went above and beyond making Erin feel comfortable.
Thank you.
It was also nice to learn more about Palm Beach County and I was impressed with the businesses there. I look
forward to learning more in the future. I will stay in touch and update you on progress with Max Planck as well.
Best regards,
Tom
Thomas J. Hamill
National Director
Senior Vice President -Development
Jones Lang LaSalle
Rec. 2/18/09
Gary,
Barbara and I thoroughly enjoyed our visit and I gained an entirely new insight into the many
business-friendly facets of Palm Beach County. Short of a client who logistically cannot locate
that far south, I will henceforth insist they give you a look.
I just spoke to Andrew Duffell and asked him to look into a couple of matters that (prospect
name removed) needs to understand before getting active in looking at Palm Beach County
again.
I look forward to the possibility of coming back.
Thanks for your fine orchestration of the event.
Lor-eM- keM-M-edy
~. . .4'~!_.~""'"
~ ",,,p#NBrN
Kennedy Advisors, LLC
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Rec. 2/18/09
Gary,
A big Bravo Zulu Uob well done) to you on this event. I learned a lot about your community and enjoyed meeting,
not only the community stakeholders, but the other site selectors/guests as well. Hopefully, we will work together
soon.
Jim Colson
COO and President, Site Selection
www.AnaelouEconomics.com
AngelouEconomics I Economic Development, Site Selection and Economic Analysis
Rec.2/19/09
Dear Gary,
I wanted to tell you and your colleagues how much we enjoyed your meeting of a few weeks ago. We learned
something about Palm Beach and were impressed by your commitment to the Life Sciences Industry. Meg also
enjoyed herself.
We have two efforts in Florida, one is in the generic area and I don't think this is a starter for Palm Beach. The other
is (prospect name removed) and that is discussion with Scripps.
One other possibility is an assignment for a multi billion dollar European based multi national seeking a cGMP pilot
plant operation in the US. This is for biologics and is intended to be a show place for enabling process
technology. As a result of the challenges many companies are finding raising cash in the market, we have identified
several compelling opportunities. Please note, this is not a build to suit opportunity due to the over capacity in the
market. If you have something in that area, we have a client looking for a deal.
Best regards,
William B. Wiederseim
President & CEO
PharmaBioSource, Inc.
Capacity Consulting and Facilities Transactions
Page 1 of f
Brig ht, Lisa
Bright, Lisa
Tuesday, March 10,20093:55 PM
'Jonathan Keith, PE'; Rumpf, Michael; Brooks, Vivian; rodriquezj@cLboynton-beach.fl.us:
taylorj@bb.fl.us; Hay, Woodrow; Weiland. Ronald; Bressner, Kurt; Ross, Marlene
TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12.fl.us; Biscuiti,
Kathy; Buckley, Ashley; Brian Edwards; Pkeith@jwkpa.com; 'Jim Cherof
Subject: RE: Auburn presentation at the Wednesday, February 11,2009 INCA General Meeting
Importance: High
Attachments: MLK Corridor. doc; MLK Redevelopment (2).pptx; Auburn MDAdoc; Minutes Special
Workshop 02-11-09.pdf; 2-27-09 MDA Analysis.do:::
From:
Sent
To:
Cc:
The Master Development Agreement that we have been working through was predicated on the June 2008 eRA
Board's approval of the attached Conceptual MLK Redevelopment Plan provided by Auburn and the
corresponding CRA staff recommendation of a phased project.
Here's a brief outline of the Board direction to move that particular Plan forward:
. October 14, 2008 - Board reviews 16 policy issues within the MDA
. November 17,2008- Board reaffIrms 16 policy issues within Revised MDA.
. December 9, 2008 - Board directs staff to seek Third Party Verification
. January 13,2009 - Board directs CRA legal counsel to present final agreement at a Special
Meeting with the City Commission on January 20, 2009
. January 20, 2009 - CRA Board tables joint meeting
. January 20, 2009 - During City Commission meeting under "Public Comments" Cito Beguiristain
requests another joint meeting to be scheduled
. February 3, 2009 - City Commission addresses Third Party Verification CRA item. Auburn
Development announces to the City Commission Phase IV will be removed from the existing
conceptual plan
. February 10, 2009 - CRA Board motioned for Auburn to pay Treasure Coast Regional Planning
Council $70,000 to conduct Third Party Verification. EVP, Cito Beguiristain, of Auburn
Development in attendance. Yusef Gray states Auburn is willing to work together on the fmancial
cost.
. February 11,2009 - Auburn unveils a revised conceptual plan without the original Phase IV. Cito
Beguiristain states Auburn will not pay for the Third Party verification without a signed MDA.
. February 26, 2009 - CRA Attorney Cherof receives a new MDA to correspond with the revised
conceptual plan
On the night of February 11 th Auburn wanted to know if their unwillingness to pay for the third party
financial review without an agreement was a deal breaker, Chairman Taylor responded that it would be
brought to the full board. I believe tonight is the first time the collective CRA Board is reviewing the
new conceptual plan and discuss Auburn's refusal to bear the cost of the third party verification as
directed by the board.
The existing board direction pertains to policy issues discussed with the June 2008 plan. CRA staff did
a cursory review of the February 26th MDA (attached) for discussion.
Lisa
3/1 0/2009
Page 2 of 8
From: Jonathan Keith, PE [mailto:JKeith@CenterlineHomes.com]
Sent: Tuesday, March 10, 2009 1:49 PM
To: Bright, Lisa; Rumpf, Michael; Brooks, Vivian; rodriquezj@ci.boynton-beach.fl.us; taylorj@bb.fl.us; Hay,
Woodrow; Weiland, Ronald; Bressner, Kurt; Ross, Marlene
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12.fl.us; Biscuiti, Kathy; Buckley,
Ashley; Brian Edwards; Pkeith@jwkpa.com
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meetin~
Lisa,
I understand that there will be discussion at tonight's CRA meeting regarding Auburn
Development, LLC and the following items:
1. Consideration of Master Development Agreement with Auburn Development, LLC
3/10/2009
Page 3 of 8
2. Review of Board Direction Regarding Third-Party Financial Verification of Master
Development Agreement with Auburn Development, LLC
Based upon your email from last week, it appeared that your staff was still reviewing the MDA
changes and new site plan. Has your staff completed the review and are you prepared to
make a recommendation at tonight's meeting? If not, is the discussion at tonight's meeting to
update the CRA Board on your review? If the Board intends to vote on approving the MDA
and latest site plan at tonight's meeting, do you have a staff report that you can forward to us
which provides your review comments and possibly staff's recommendation for approval or
disapproval?
There is one passage within the MDA (page 3) which I find troubling.. .."The exact schedule
for development and what type of development will occur in each phase are subject to
change based upon the mutual agreement of the parties." I do not see anywhere within
the MDA where there will be due process with public participation when changes in the types
of development are considered. That open statement without specific language requiring
public participation could lend itself to an agreement allowing additional building height and
density which INCA is most assuredly not in favor ofll! Specific language must be incorporated
within the MDA requiring any changes to the site plan, building height and density must be
processed through the appropriate CRA and City departments with public participation and
hearings.
As I have stated in the past, INCA supports the CRA's and City's efforts to improve the Heart
of Boynton. Enhancing that area will also enhance the surrounding neighborhoods including
neighboring INCA. If the scaled down site plan provided in your last email is the one the CRA
and City will vote on, I can tell you that many members of INCA's Board are encouraged by the
reduction in height and density. The resulting reduction in project cost and CRA contributions
are also encouraging as this will allow CRA funds to be used for other worthwhile projects
outside of the Heart of Boynton such as improving and beautifying the Federal Highway
Corridor which is the gateway to our City.
I also recommend that the CRA and City be very cautious and confirm Auburn's financial
worthiness to take on such an important and costly development prior to executing the MDA.
This is especially true based upon the recent issues between the Auburn Group and the City of
Delray Beach.
Please update me if you can prior to tonight's meeting.
Thanks,
Jonathan Keith
INCA 209 President
From: Bright, Lisa [mailto:BrightL@bbfl.us]
3/10/2009
Page 4 of8
Sent: Monday, March 02, 2009 3:17 PM
To: Jonathan Keith, PE; Brian Edwards; Rumpf, Michael; Brooks, Viviar,
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach,k12.fLus; Biscuiti, Kathy; Buckley,
Ashley
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Importance: High
Dear All,
CRA Attorney Cherof received the attached documents from Auburn Development last week.
The site plan is different than what was presented on 2/11/09. CRA staff is attempting to secure the "property
control" sheet from Auburn Development presented at the 2/11 Meeting, but copies were not distributed or made
available as a hand out.
The MDA has not been reviewed by CRA counselor staff at this time.
If you recall Auburn was directed by the CRA Board on 2/10 to pay for the "Third Party Verification/' but stated it
was a "dealbreaker" at the 2/11 meeting. I am working with CRA Counsel to determine how to proceed with this
particular portion of the MDA.
From: Jonathan Keith, PE [mailto:JKeith@CenterlineHomes.com]
Sent: Monday, March 02, 20092:54 PM
To: Bright, Lisa; Brian Edwards; Rumpf, Michael; Brooks, Vivian
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12,f1,us; Biscuiti, Kathy; Buckley,
Ashley
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Lisa,
Thank you for arranging the meet with the Auburn Group last February 11th, It appeared that there would be
significant work required by your staff to re-assess Auburn's revised proposal and agreement. Can you provide an
update as to the on-going negotiations with the Auburn Group?
Thank you,
Jonathan Keith, PE
Vice President of Land Acquisitions and Development I Centerline Homes
825 Coral Ridge Drive, Coral Springs, FL 33071 (Map ill
Phone: (954) 656-81461 Fax: (954) 827-0187
JKelth@CenterlineHomes.com I www.centerlinehomes.com
From: Bright, Lisa [mailto:BrightL@bbfl,us]
Sent: Monday, January 26, 2009 12:48 PM
To: Jonathan Keith, PE; Brian Edwards; Rumpf, Michael; Brooks, Vivian
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12.f1.us; Biscuiti, Kathy; Buckley,
Ashley
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Hi all,
3/10/2009
Page 5 of8
I have confirmed with the Commissioners are supportive of this meeting be held at the Carolyn Sims Center on
February 11, 2009 at 6:00 p.m. until 9:00.
CRA staff will begin working with City staff on the necessary public notices and create a flyer for the meeting.
I have advised Auburn Development's Project Manager, Cito Beguristain, of the event as well.
Please feel free to contact me with any details you might need as we move along in this process.
Sincerely,
Lisa
From: Jonathan Keith, PE [mailto:JKeith@CenterlineHomes.com]
Sent: Monday, January 26, 2009 12:47 PM
To: Bright, Lisa; Brian Edwards; Rumpf, Michael; Brooks, Vivian
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12,fi.us
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Lisa,
We assume that the meeting will still occur on February 11th. In an effort to maximize the number of individuals
attending, I do not believe that INCA will have a problem moving the venue. Can you please confirm a time so
that we can prepare our news letters?
Thanks for your help!
Jonathan Keith, PE
Vice President of Land Acquisitions and Development I Centerline Homes
825 Coral Ridge Drive, Coral Springs, FL 33071 (Mar:>l!)
Phone: (954) 656-81461 Fax: (954) 827-0187
J1<eith@CenterlineHomes.com I www.centerlinehollles.com
From: Bright, Lisa [mailto:BrightL@bbfl.us]
Sent: Friday, January 23, 2009 11:29 AM
To: Brian Edwards; Jonathan Keith, PE; Rumpf, Michael; Brooks, Vivian
Cc: TomorrowCn@aol.com; LuluDac49@aol.comi chandlern@palmbeach.k12,fI.us
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Importance: High
Hi all,
I have spoken to three of the Commissioners and they support an expanded meeting.
I need to work with Mike Rumpf to handle proper noticing, but I am thinking that the CRA will bear the cost of
conducting this meeting 'at the Carolyn Sims Center.
Please give me your feedback by end of day Monday, so if this acceptable I can make this happen.
Have a nice weekend,
Lisa
3/1 012009
Page 60f8
From: Brian Edwards [mailto:brianedwards@unitedwaypbc.org:
Sent: Thursday, January 22,2009 11:14 AM
To: JKeith@CenterlineHomes.com; Bright, Lisa; Rumpf, Michae
Cc: TomorrowCn@aol.com; LuluDac49@aol.com; chandlern@palmbeach.k12.fI.us
SUbject: Re: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
If you need to, you can meet here at United Way on Quantum Blvd off Gateway if you need more space and do
not have another location.
No problem or charge.
From: Jonathan Keith, PE
To: Bright, Lisa; Rumpf, Michael
Cc: Brian Edwards; TomorrowCn@aol.com ; LuluDac49@aol.com ; chandlern@palmbeach.k12.fl.us
Sent: Thu Jan 22 10:16:272009
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Lisa,
That would be OK with INCA. We were planning on inviting the surrounding HOA's within the HOB to our
meeting. There may be a problem as we have a small meeting room reserved at the Intracoastal Park Facility
from 6:00 PM to 7:00 PM. I'm not sure if there is a larger meeting room available at the Park Facility.
Additionally, if there is a good turnout, we may need more that one hour for the presentation along with a
question and answer session. That facility closes at 7:00 PM so arrangements need to be made to extend hours
or find another meeting place for this particular meeting
Additionally, INCA circulates a news letter to all residences within INCA approximately one week in advance of
the meeting. We would need to verify the meeting place and time by then. How will the other HOA's be notified?
Call me any time to discuss.
Thanks for your help.
Jonathan Keith
954-914-8109
From: Bright, Lisa [mailto:BrightL@bbfl.us]
Sent: Thursday, January 22, 2009 10:43 AM
To: Jonathan Keith, PE
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Jonathan,
I would like to turn this meeting into a larger meeting with District 2, City and CRA to begin the discussion for the
update to the "Redevelopment Plans."
How does that sound to you?
Lisa
From: Jonathan Keith, PE [mailto:JKeith@CenterlineHomes.com]
Sent: Wednesday, January 21, 2009 10:54 AM
3/1 0/2009
Page 7 of 8
To: Yusef
Cc: chandlern26@yahoo.com; morris_9@bellsouth.net; Pkeith@jwkpa.com; BRudy67585@aol.com;
Belindabythesea@bellsouth. net; brianedwards@unitedwaypbc.org; spwplumb@aol.com; BagpipeBob@msn.com;
businessmgr@palmbeachnational.com; nc4a@msn.com; TomorrowCn@aol.com; SHomrich@aol.com;
JohnAlvaroe@aol.com; chandlern@palmbeach.k12,fI.us; LuluDac49@aol.com; Brooks, Vivian; Bressner, Kurt;
Bright, Lisa; jreguez@aol.com; woodrowhay@msn.com; Ross, Marlene; Weiland, Ronald; Hay, Woodrow;
rodriquezj@ci.boynton-beach.fl.us
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Mr. Gray,
Thank you for confirming that the Auburn Group will make a presentation at our February 11th INCA Meeting. The
meeting begins at 6:00 PM and adjourns at 7:00 PM. Please be advised that the City and CRA staff may want to
attend. If this is the case, there may be a change in venue, time and date. I will keep you updated as I get
additional information.
Thanks again,
Jonathan Keith
From: Yusef [mailto:Yusef@auburngroup.net]
Sent: Tuesday, January 20,2009 10:56 AM
To: Jonathan Keith, PE
Subject: RE: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
We look forward to attending.
Yusef S. Gray
Director of Acquisitions &
Assistant Project Manager
Auburn Group
777 E. Atlantic Ave.
Delray Beach, FL 33483
(561) 278-3901 Office
(561) 278-3903
yusef@auburngroup.net
From: Jonathan Keith, PE [mailto:JKeith@CenterlineHomes.com]
Sent: Monday, January 19, 2009 3:54 PM
To: Yusef
Cc: chandlern26@yahoo.com; morris_g@bellsouth.net; Pkeith@jwkpa.com; BRudy67585@aol.com;
Belindabythesea@bellsouth. net; brianedwards@unitedwaypbc.org; spwplumb@aol.com; BagpipeBob@msn.com;
businessmgr@palmbeachnational.com; nc4a@msn.com; TomorrowCn@aol.com; SHomrich@aol.com;
JohnAlvaroe@aol.com; chandlern@palmbeach.k12.f1.us; LuluDac49@aol.com
Subject: Auburn presentation at the Wednesday, February 11, 2009 INCA General Meeting
Mr. Gray,
Pursuant to our conversation, please confirm that the Auburn Group will attend our February 11th INCA meeting to
make a presentation regarding your development plans within the HOB. We are attempting to confirm your
attendance ASAP so that we can publish our INCA letter and distribute it to the residents.
Thank you,
Jonathan Keith, PE
3/1 0/2009
Page 8 of S
Vice President of Land Acquisitions and Development I Centerline Homes
825 Coral Ridge Drive, Coral Springs, FL 33071 ~tl
Phone: (954) 656-8146 I Fax: (954) 827-0187
JKeith@CenterlineHomes.com I www.centerlinehomes.com
~F'leaS0 COl1slfJer the environment before printing thIS ("-mail or other dOCllmenls
NOli':;:'. -, riC inrorrnallorl contained in this email andanydocumentanaclleuliE;I<.It!.. 11ll8noec' on Iv Tur tr,e named recipient(s) If you are not the
illlp.naeu reciDrenc, nor the employee or agent responsible for delivering this messa~8 iiI controsncE to tile intended recipient(s), you are hereby notiflf
tnai VOL' nave received this transmittal in error, and any review, dissemination. dlstriDulIorl or copying of this transmittal or its attachments is strictly
orohitJlleci 11 vou nave received this transmittal and/or attachments in error niAaf'~ Iloiil, nl~ rrr'mediatelv by reply e-mail and then delete this messar,
incluti/no Ell IV attachment:,
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3/1 0/2009
, ~\i J. .
".",..~.,..~l<
;.~:~ t;tif;:y-
~~~~Y~T2~rCRA
ill East Side-West Side-Seas,de Renaissance
eRA BOARD MEETING OF: June 10.2008
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Conceptual Master Development Agreement with Auburn Group for
the MLK Corridor Project
SUMMARY: On July 10,2007 the CRA Board directed staff to begin negotiations with Auburn
Development Group as the selected fIrm to potentially redevelop the 26.3 area defined as the MLK
Corridor. CRA staff and Auburn Group have worked together to define the project area into three
separate phases and identify various financial responsibilities as it relates to property acquisition,
infrastructure and public amenities.
Attached is a "Draft" Master Development Agreement. CRA staff is seeking policy direction from the
CRA Board regarding the length of term on the agreement and corresponding long term financial
commitment necessary to effectuate the project. This agreement is delivered in draft form only and eRA
counsel has not had an opportunity review.
The impending property tax reform and the outstanding "Strand Case" have significantly impacted the
agency's ability to meet Auburn's requested CRA participation. However, staff feels this project is
worthy of continuing dialog and discussion.
FISCAL IMPACT: None.
CRA PLAN, PROGRAM, or PROJECT: Heart of Boynton Redevelopment Plan
RECOMMENDATIONS: Due to the above noted constraints, staff recommends entering into an
agreement with an abbreviated time frame with each phase contingent upon completion of the prior
phase.
Lisa A. Bright
Executive Director
C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK3F\MLK Corridor (2).doc
Development Experience
20+ Years of Innovation and Leadership in Affordable Housing Development
Successful in obtaining over $250,000,000 in subsidy
Successful development and management of 5,000+ Housing Tax-Credit Apartments
4 time NAHB Award Winner for building the "Finest Affordable Housing in the Country"
First in State to develop - Tax-Credit Housing, and SAIL, and Workforce Housing
Successful development and management of 868 market rate rental apartments
Construction and sales of 333 Subsidized Single Family Homes
Construction and sales of 588 Condominiums
Construction and sales of 66 Townhouses (Workforce Housing)
Development of two (2) successful life care retirement communities
Development of thirty six (36) nursing homes
Development of two (2) Retail Malls
I
I
Proven Track Record
\
Auburn Group has a proven track record of delivering on its social mission in
a fiscally responsible manner. Over the years we have developed over
5,000 homes in mixed incomes communities. We have always honored our
commitment to both our public and private partners.
i'l
~\, ;;
> ,~""
; oj,.
l\
~~~~Y~T2~lC RA
iII1 East Side- West Side-Seas,de Renaissance
eRA BOARD MEETING OF: October 14, 2008
New Business I I Legal I I Other
i I Consent Agenda I X I Old Business
SUBJECT: Consideration of the Master Development Agreement between the CRA
and the Auburn Group for the MLK Corridor Project
SUMMARY: The attached version of the Master Development Agreement was received by
CRA staff on Wednesday, October 8th at 5:00 pm. CRA staff has made revisions to the
agreement by deleting items in blue and adding items in green. In order to continue to move
along negotiations staff is seeking policy direction from the Board on the following items:
1. Term of Aareement. Originally, Auburn requested a 20-year project term and staff
recommended a 10-year term. Auburn has reduced the project term to 12 years. Given
the volatile nature of the credit markets and reductions in City/CRA revenue; should the
City/CRA enter into a long term development agreement?
2. Subsidy Amount ReQuested by Auburn. The draft agreement has subsidy amounts
totaling approximately $23M but this projection is not tied to actual project costs and
cannot be verified. City's/CRA's subsidize projects in an amount needed to make the
project financially feasible including a reasonable rate of return to the developer.
Financial verification of project costs is typically conducted by a third party. Should the
CRA seek third party review of the project development proforma to verify the CRA
subsidy is funding the project financial gap?
3. Auburn's ReQuest for a 163 Aareement. Based on the future revenue volatility for the
City/CRA is it fiscally responsible to enter into an agreement that binds the Agency's for
a long term financial commitment of twelve years?
4. Number of Phases. Auburn is requesting that the Agreement cover all four phases of
the proposed development plan. Again, given the uncertainty in the revenue stream,
should the City/CRA commit funds beyond the first Phase?
5. ReQuest for Public Subsidy for Market Rate DeyeloDment. Auburn is requesting
the CRA advance Auburn $11 M to construct a private parking garage for the market-
rate condominiums to be built at Federal Highway. The public purpose of the CRA's
$11 M advance is unclear. Should Auburn be required to provide a more concrete
public benefit in exchange for CRA funds?
C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK3F\Auburn MDAdoc
~\:!.
,,~/,;; .
, ..J ,,~, ';
~~~~Y~T2~lcRA
Ii East Side-West Side- Seaside Rena<,ssance
6. Reauest for Fundina for Public Improvements. Auburn is requesting funds tc
construct a streetscape along MLK. Should the CRA be committed to an undetermined
financial obligation without having an approved design or a project budget? Should
these public improvements be constructed by the City/CRA under a competitive bidding
process rather than having Auburn construct them?
7. Phasina Order. The project as described in the Agreement has the senior affordable
rental as Phase I. However, without a legitimate grocery store in place. Auburn will not
be able to win the necessary tax credits to construct Phase I. Should Phase I become
the grocery store/retail portion of the Project?
8. Proiect SCODe. Auburn has added 7/10 of an acre to the project scope in the revised
Agreement. In discussions, Auburn has indicated that they desire to extend the project
scope south into the industrial area along Railroad Avenue for the market rate
condominium portion of the Project. Is this considered a significant deviation from their
submitted RFP response? Does the City/CRA wish to convert more of its industrial land
to residential?
9. Retail. Auburn is requesting the CRA lease the retail space from them in an amount
sufficient to cover their lenders required debt coverage ratio as well as the CRA must
locate the tenants for the space. Typically, it is the role of the developer to finance,
build and lease the space. Would the project and the CRA be better served working
with a commercial developer specializing in developing retail in similar neighborhoods?
10. Heiaht. The Agreement states that Phase IV will be between 7 - 8 stories. Auburns
RFP response indicates a maximum height of 2 - 3 stories. Given the communities
sensitivity to height, should the number of stories be set for the entire project within the
Agreement?
11. Financial CaDacitv. Given the requested term of the Agreement a periodic check of the
financial health of Auburn is advisable if the Board elects to enter into the Agreement.
Should the City/CRA receive audited financials annually? Should the developer
demonstrate financial capacity prior to entering into the Agreement particularly since
financials submitted in the response to the RFP are over two years old?
12. Liauidated Damaaes. In the latest version of the Agreement, Auburn is seeking $5M in
liquidated damages if the CRA does not fund the requested $13M for Phase IV. Is this
request appropriate when the developer has the reasonable expectation of earning a
profit on the first three phases? Should the CRA seek liquidated damages if Auburn
does not perform under the terms of the Agreement?
C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK3F\Auburn MDA.doc
I
~\t .
~ ,~:~'
~~~~Y~T2~rCRA
iiIIIi East Side-West Side- Seaside Renaissance
13. Overhead Reimbursement. If Phase I does not go forward and the CRA elects to end
the contractual relationship with the Auburn, Auburn is requesting their overhead
expenses related to the project be reimbursed by the CRA. The overhead expense
request includes office staff except for the five highest paid executives as well as all
third party consultants and contractors but does not have a fee schedule to determine
cost. Does the Board feel this is appropriate? If so, at what date does the clock start
ticking to reimburse Auburns operational expenses?
14. ProDertv Acauisition/Pricina. The Agreement contains no provision for a price cap on
property acquisition. If Auburn is placing properties under option contract at prices well
above appraised value there will be a funding gap between the as-built appraisal and
the funds required to close the construction loan. Is the CRA willing to provide these
funds in order to make the project happen?
15. Rollover of eRA Funds. Auburn is requesting that if CRA funds are not used in a
particular phase those funds roll over into the next phase. If CRA funds are not needed
in a particular phase, should that amount be deducted from the overall CRA financial
commitment?
16. Below Market Rate Financina. In the Agreement Auburn states they shall seek below
market rate debt financing and grants for the project. Should the savings resulting from
securing below market debt financing be deducted from the CRA's financial obligation?
FISCAL IMPACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: To be determined.
RECOMMENDATIONS: Provide staff policy direction to move negotiations forward.
Lisa A. Bright
Executive Director
C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK3F\Auburn MDAdoc
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
SPECIAL WORKSHOP MEETING HELD ON TUESDAY, FEBRUARY 11,2009,
AT 6:00 P.M. AT THE CAROLYN SIMS CENTER,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Woodrow Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
James Cherof, Board Attorney
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 5:59 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll, and a quorum was present.
(Wee Chair Rodriguez arrived at 6:02 p.m.)
(Ms. Ross arrived at 6:02 p.m.)
IV. Presentation: MLK Corridor Project and Master Development
Agreement by the Auburn Group
Cito Berguirstain, Auburn Group, provided background on Auburn's development
experience and discussed the genesis of the project through the current date. It was
Auburn's mission to develop affordable housing and revitalize neighborhoods in the
Heart of Boynton. The proposed three-phased development consisted of a grocery
store and retail complex, satellite senior center, rental units for seniors and single-
family housing. The revised plan eliminated the eight-story buildings along Federal
Highway and provided for two and three-story buildings. A more holistic approach
would be taken regarding the development.
(Mr. Weiland left the meeting at 6:17 p.m.)
1
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Mr. Berguirstain noted Auburn sought confirmation that the development was stili
desired. He emphasized Auburn would not bear the $70,000 cost for the third-part)'
financial review until an agreement had been secured.
(~ce Chair Rodriguez left the meeting at 6:43 p.m.)
Mr. Berguirstain reviewed the CRA's protections under the agreement, stressing the
CRA had the power to review Auburn's financials at any time. He also reiterated the
need to resolve the grocery/retail complex issues in order for Auburn to obtain the tax
credits for the senior rental community.
v. Public Comments
Questions were submitted on cards and are set forth below, together with responses.
. Would Auburn, the City or the CRA request the use of eminent domain during
the process? Mr. Berguirstain responded he would not hesitate to utilize the
eminent domain process to transform hot spots into green areas and to prevent
crime. Chair Taylor noted the CRA did not have the power to use eminent
domain, and the City could do so for a public purpose only.
. What is your plan to accumulate all the "missing pieces" relating to 75 property
owners along the MLK corridor? Mr. Berguirstain responded Auburn had been
able to secure contracts for a number of properties, even though this was
difficult without a Master Development Agreement.
. How long do you anticipate it would take to get all the properties under control
and how would this delay the project if you were unable to do so? Mr.
Berguirstain was unable to respond, as not all of the properties had been under
contract.
. Could the Wellness Center be combined with the Senior Center? Mr. Berguirstain
responded several types of services could be combined in a facility. He was not
familiar with the Wellness Center.
. Would any part of the redevelopment project exceed existing heights and/or
density? If so, what part and by how much? Mr. Berguirstain responded
affirmatively, noting 30 units per acre had been designated for the Senior
Center. City staff indicated this was feasible. He reiterated construction of the
eight-story structures had been eliminated.
2
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
. How can we have a safe, family-friendly commercial/residential community with
a strip club still in existence? Mr. Berguirstain believed the strip club contributed
the least to a precarious environment when compared to the convenience store
on Seacrest Boulevard. It would be his recommendation to convert the area into
a park,
. Do you plan to incorporate a Public Art element in the project? Mr. Berguirstain
responded affirmatively. The agreement called for a traffic circle which would
provide opportunities for the incorporation of Public Art. Additionally, the City's
ordinance required the incorporation of Public Art components in all development
and redevelopment projects.
. Has the Master Development Agreement been signed? If not, what is the
anticipated date? Mr. Berguirstain noted the Master Development Agreement
had not been signed. He hoped the anticipated date would be sometime in
March.
. What measures were in place to assure residents the community would not be
"sold out"? Examples would include prequalifying for mortgages or bond
assistance prior to construction. Mr. Berguirstain responded the agreement
included elements to provide affordable workforce housing during construction.
. During the construction phase, where would you relocate displaced owners? Mr.
Berguirstain responded Auburn had provided opportunities for displaced persons
to reside in one of Auburn's rental communities and up to $2,500 to cover
relocation expenses.
. Do you plan to continue to assist in paying for programs proposed at the Senior
Center? Mr. Berguirstain responded affirmatively.
. Do you have a short-term construction loan and a long-term 3D-year loan in your
financing? Mr. Berguirstain was not certain, as Auburn had not yet secured the
construction financing. It was Auburn's intent to secure all the financing
necessary.
. Do you apply for tax credits or do you use the SunTrust credits? Mr. Berguirstain
responded Auburn had applied for low-income tax credits for affordable rental
housing, and for Neumark tax credits for commercial construction.
. Do you have a letter of intent from the retail store? If so, what would the square
footage be? Mr. Berguirstain responded negatively, adding he had spoken to a
number of operators who had expressed an interest in the property. Auburn had
3
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February II, 200~
not finalized an agreement with any particular operator as the Maste~
Development Agreement was not yet in place.
. What type of changes do you propose along MLK Boulevard and Seacrest? Mr.
Berguirstain responded no changes were proposed for Seacrest. The City and
the CRA would be responsible for streetscape improvements along MLK
Boulevard.
. Would the City, the CRA and Auburn Group deed restrict height and density
along Federal Highway? Mr. Berguirstain responded the CRA did not have the
authority to do so. This would fall under the authority of the City.
. Would the project tie up CRA monies so that no other projects could be
undertaken? Ms. Bright noted the question could not be answered. Auburn had
eliminated Phase 4, and it was not known how this would impact the CRA's
forecast for the future.
Comments offered by the public included the following:
. Height limitations should be established for structures on MLK Boulevard and
Federal Highway.
. The developer should be vetted to ensure its viability.
. The site plan changes could be worked out.
. No monies should be provided to Auburn until bank commitments were
produced.
. The City and the CRA should demonstrate support for the development and
purchase the remaining properties to lock in Phase 1 and Phase 3.
. The stakeholders should be contacted regarding the development.
. Due diligence must be made to secure Auburn's financials.
. The City should not be stripped of funding. The sum of $10,000 was a great
deal of tax money to put into buildings.
. While the agreement was not perfect, if the City did not step forward and take
an active role, the project would fail, and it could be years before the MLK
corridor was redeveloped. Land assembly would always be an issue. The retail
4
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
component should provide sustainability and appeal to those outside the
neighborhood as well.
. Other projects should be fostered and facilitated by the CRA to generate greate~
Tax Increment Financing (TIF) revenues. An independent financial review
should be obtained to determine the Tax Increment Financing (TIF) revenue
needed for the project. The project should be funded in the normal manner!
provided the financials were viable.
. The project should be integrated into the community, and no one should be
displaced. Long-term commitments for employment should be sought and
dollars set aside for training. The grocery store should be large enough to
accommodate fresh meats and vegetables. If the store was too small, it could
become a vehicle for drug dealing. It was not the developer's responsibility to
reduce crime. The City's citizens merited affordable, quality housing east of 1-95.
The Senior Center was a valuable component of the project.
A person in the audience requested that Ms. Ross, Mr. Hay and Chair Taylor comment
on Mr. Berguirstain's presentation. Ms. Ross appreciated his presentation and agreed
with earlier comments that it was not the developer's responsibility to reduce crime or
deal with social issues. These issues would fall under the domain of law enforcement
and social workers and would require significant financial commitments. Ms. Ross
believed Auburn should focus on its financial responsibility to the CRA and the Board.
Mr. Hay opined the meeting was intended to gather information, and issues addressed
should be evidenced in writing. Chair Taylor agreed with Mr. Hay. He noted promises
were offered and major changes had been made regarding Phase 4. It would be
necessary to review the proposals in writing and ensure the financial viability of the
parties.
Chair Taylor noted Auburn's agreement at the February 10, 2009 CRA Board meeting to
pay for the third-party financial review upfront. Mr. Berguirstain inquired whether
Auburn's refusal to do so would be a deal breaker. Chair Taylor advised the issue
would have to be brought before a full Board. Mr. Hay noted he resided in the Heart of
Boynton and favored the redevelopment. However, he could not support the project
without a written agreement in place. Chair Taylor noted the input received at this
meeting would be incorporated in the agreement for review at the next CRA meeting, if
it were provided in a timely manner. Attorney Cherof noted he would begin working on
the final draft as soon as it was in his possession.
Ms. Bright clarified several issues. The project would not be funded by the City. City
staff would assist with land use and zoning changes. Additionally, the CRA had no site
plan control for use of the City Hall site. She dispelled the perception that the CRA had
5
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
inherited million of dollars at the time the agency was created and that the Board and
CRA staff had not designated dollars to redevelop the MLK corridor. The Board and
CRA had always supported redevelopment efforts for the area. Ms. Bright noted thE
CRA was attempting to work with Auburn to fund $10 million (reduced from $23
million), but stressed it would be irresponsible to proceed without a third-party
verification. She pointed out if the deal fell through, the monies would be programmed
in another manner to redevelop the MLK corridor.
Bill Bymel, Retail Sites International, Inc., advised he had previously met with Tom
Hinners on behalf of a retailer interested in the property. To date, he had not heard
from Mr. Hinners. He believed there were other retailers interested in the property as
well.
Residents suggested police substations be created to rid the community of crime and
drugs. Ms. Bright noted this had been attempted in the past. However, there had not
been enough police officers to man the substations. Additionally, funds were not
currently available to build substations. She pointed out a separate meeting could be
held to discuss this issue, even if it were just attended by Chief Immler, CRA staff and
residents. The focus should be on the Master Development Agreement.
Additional comments were offered by the public as follows:
. Stipulations should be incorporated into the agreement.
. Inlet Cove Association (INCA) wished to have an opportunity to review the
agreement.
. Auburn should pay for the third-party verification in order for the project to move
forward. The cost of the review was insignificant and would not affect Auburn's
profit.
. While the redevelopment of the MLK corridor and affordable housing were
needed, due diligence must be accomplished in obtaining the third-party
verification prior to the execution of the Master Development Agreement.
. Mr. Berguirstain's request was not unusual. There were always contingencies
and conditions set forth in agreements. The Board should listen to the
community and find a way to resolve the issues.
. An opportunity had been presented to improve the quality of life along the MLK
corridor. The $70,000 cost for the financials should not be a deal breaker.
6
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Ms. Bright emphasized CRA staff had not reviewed Auburn's financial statements sincE
July 2006. In December 2009, the Board directed staff to hire a financial consultant for
the third-party verification. While PMG Associates had been hired to provide a financial
analysis for Seacrest Village more than two years ago, Mr. Berguirstain noted at the
January 13, 2009 meeting that Auburn had a significant conflict of interest with PMG
Associates. While Auburn indicated it wished to move forward with the agreement, the
CRA was attempting to be fiscally responsible in requesting a review of Auburn's
financials. She noted it would take approximately six weeks for the Tax Increment
Financing (TIF) and financial analyses to be completed.
Chair Taylor held he had read the agreement while the residents had not. Once the
agreement was signed, a number of conditions would have to be met by the CRA and
the City. There would also be a fee to terminate the agreement. Additionally, the
reference "to be determined" had appeared throughout the agreement. This was
inappropriate, as everything should be identified up front.
Mr. Hay suggested payment be made to Auburn through Tax Increment Financing (llF)
dollars on the back end. This would free up funding to improve Sea crest Boulevard.
While Mr. Hay favored the development of the Heart of Boynton, Auburn was
requesting the CRA to make a decision without the proper information. He cautioned
against moving too quickly.
Other comments were:
. Auburn and the CRA should each pay for half the cost of the third-party
verification.
. It was a failure of the City to clean up the MLK corridor resulting from a lack of
commitment to the area.
Chair Taylor called for comments from City representatives.
Kurt Bressner, City Manager, noted he had not previously seen the revised plan, and
believed it to be a step in the right direction. Auburn had taken a look at the east end
of the parcel and brought the density down. There were issues regarding title to the
vacant property next to the convenience store and meat market. The property had
been conveyed to the City, by the County, for open space. Deed restrictions had been
applied which could result in the relocation of the open space to benefit the community.
This should be clarified. The issue of the deed restrictions had not been included in the
draft agreement and was discovered upon Mr. Bressner's review of the document.
Chair Taylor inquired whether City staff had expressed concerns regarding the four-
story height proposed for Phase 2. Mr. Bressner replied it did not conform to the
7
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
original site plan, but as the market had changed, the conditions had changed as well.
He would defer any staff concerns to Mr. Greene.
Quintus Greene, Director of Development, noted he had not seen the revised
agreement either and agreed it was a step in the right direction. As to the four-story
height, there would be a necessity for a change in the Heart of Boynton plan and a
modification to the zoning, which he believed was doable. He envisioned the area
along the MLK corridor could conform to the City's mixed use low 2 category. This
allowed for 4S foot height limitations with between 20 to 40 dwelling units (du) per
acre. The category for the MLK corridor was a local collector road, and not an arterial
road. An arterial road would allow up to 40 dwelling units (du) per acre. This could be
resolved with the developer. Mr. Greene believed it was obvious from the presentation
that the developer had been listening to the community and had taken steps to modify
the agreement. It would be necessary for Mr. Greene to review the completed Master
Development Agreement before rendering any specific recommendations.
VI. Board Discussion
(Discussion by the Board had been set forth earlier.)
VII. Adjournment
There being no further discussion, the meeting properly adjourned at 9:23 p.m.
--:V Uj ,,~ .-'
Stephanie D. Kahn
Recording Secretary
021209
C-\ 1---
../...-- . .
8
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
SPECIAL WORKSHOP MEETING HELD ON TUESDAY, FEBRUARY 11, 200S,
AT 6:00 P.M. AT THE CAROLYN SIMS CENTER,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Woodrow Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
James Cherof, Board Attorney
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 5:59 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll, and a quorum was present.
(Vice Chair Rodriguez arrived at 6:02 p.m.)
(Ms. Ross arrived at 6:02 p.m.)
IV. Presentation: MLK Corridor Project and Master Development
Agreement by the Auburn Group
Cito Berguirstain, Auburn Group, provided background on Auburn's development
experience and discussed the genesis of the project through the current date. It was
Auburn's mission to develop affordable housing and revitalize neighborhoods in the
Heart of Boynton. The proposed three-phased development consisted of a grocery
store and retail complex, satellite senior center, rental units for seniors and single-
family housing. The revised plan eliminated the eight-story buildings along Federal
Highway and provided for two and three-story buildings. A more holistic approach
would be taken regarding the development.
(Mr. Weiland left the meeting at 6:17 p.m.)
1
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Mr. Berguirstain noted Auburn sought confirmation that the development was still
desired. He emphasized Auburn would not bear the $70,000 cost for the third-party
financial review until an agreement had been secured.
(Wee Chair Rodriguez len the meeting at 6:43 p.m.)
Mr. Berguirstain reviewed the CRA's protections under the agreement, stressing the
CRA had the power to review Auburn's financials at any time. He also reiterated the
need to resolve the grocery/retail complex issues in order for Auburn to obtain the tax
credits for the senior rental community.
v. Public Comments
Questions were submitted on cards and are set forth below, together with responses.
. Would Auburn, the City or the CRA request the use of eminent domain during
the process? Mr. Berguirstain responded he would not hesitate to utilize the
eminent domain process to transform hot spots into green areas and to prevent
crime. Chair Taylor noted the CRA did not have the power to use eminent
domain, and the City could do so for a public purpose only.
. What is your plan to accumulate all the "missing pieces" relating to 75 property
owners along the MLK corridor? Mr. Berguirstain responded Auburn had been
able to secure contracts for a number of properties, even though this was
difficult without a Master Development Agreement.
. How long do you anticipate it would take to get all the properties under control
and how would this delay the project if you were unable to do so? Mr.
Berguirstain was unable to respond, as not all of the properties had been under
contract.
. Could the Wellness Center be combined with the Senior Center? Mr. Berguirstain
responded several types of services could be combined in a facility. He was not
familiar with the Wellness Center.
. Would any part of the redevelopment project exceed existing heights and/or
density? If so, what part and by how much? Mr. Berguirstain responded
affirmatively, noting 30 units per acre had been designated for the Senior
Center. City staff indicated this was feasible. He reiterated construction of the
eight-story structures had been eliminated.
2
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
. How can we have a safe, family-friendly commercial/residential community with
a strip club still in existence? Mr. Berguirstain believed the strip club contributed
the least to a precarious environment when compared to the convenience store
on Sea crest Boulevard. It would be his recommendation to convert the area into
a park.
. Do you plan to incorporate a Public Art element in the project? Mr. Berguirstain
responded affirmatively. The agreement called for a traffic circle which would
provide opportunities for the incorporation of Public Art. Additionally, the City's
ordinance required the incorporation of Public Art components in all development
and redevelopment projects.
. Has the Master Development Agreement been signed? If not, what is the
anticipated date? Mr. Berguirstain noted the Master Development Agreement
had not been signed. He hoped the anticipated date would be sometime in
March.
. What measures were in place to assure residents the community would not be
"sold out"? Examples would include prequalifying for mortgages or bond
assistance prior to construction. Mr. Berguirstain responded the agreement
included elements to provide affordable workforce housing during construction.
. During the construction phase, where would you relocate displaced owners? Mr.
Berguirstain responded Auburn had provided opportunities for displaced persons
to reside in one of Auburn's rental communities and up to $2,500 to cover
relocation expenses.
. Do you plan to continue to assist in paying for programs proposed at the Senior
Center? Mr. Berguirstain responded affirmatively.
. Do you have a short-term construction loan and a long-term 3D-year loan in your
financing? Mr. Berguirstain was not certain, as Auburn had not yet secured the
construction financing. It was Auburn's intent to secure all the financing
necessary.
. Do you apply for tax credits or do you use the SunTrust credits? Mr. Berguirstain
responded Auburn had applied for low-income tax credits for affordable rental
housing, and for Neumark tax credits for commercial construction.
. Do you have a letter of intent from the retail store? If so, what would the square
footage be? Mr. Berguirstain responded negatively, adding he had spoken to a
number of operators who had expressed an interest in the property. Auburn had
3
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
not finalized an agreement with any particular operator as the Master
Development Agreement was not yet in place.
. What type of changes do you propose along MLK Boulevard and Seacrest? Mr.
Berguirstain responded no changes were proposed for Seacrest. The City and
the CRA would be responsible for streetscape improvements along MLK
Boulevard.
. Would the City, the CRA and Auburn Group deed restrict height and density
along Federal Highway? Mr. Berguirstain responded the CRA did not have the
authority to do so. This would fall under the authority of the City.
. Would the project tie up CRA monies so that no other projects could be
undertaken? Ms. Bright noted the question could not be answered. Auburn had
eliminated Phase 4, and it was not known how this would impact the CRA's
forecast for the future.
Comments offered by the public included the following:
. Height limitations should be established for structures on MLK Boulevard and
Federal Highway.
. The developer should be vetted to ensure its viability.
. The site plan changes could be worked out.
. No monies should be provided to Auburn until bank commitments were
produced.
. The City and the CRA should demonstrate support for the development and
purchase the remaining properties to lock in Phase 1 and Phase 3.
. The stakeholders should be contacted regarding the development.
. Due diligence must be made to secure Auburn's financials.
. The City should not be stripped of funding. The sum of $10,000 was a great
deal of tax money to put into buildings.
. While the agreement was not perfect, if the City did not step forward and take
an active role, the project would fail, and it could be years before the MLK
corridor was redeveloped. Land assembly would always be an issue. The retail
4
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
component should provide sustainability and appeal to those outside the
neighborhood as well.
. Other projects should be fostered and facilitated by the CRA to generate greater
Tax Increment Financing (TIF) revenues. An independent financial review
should be obtained to determine the Tax Increment Financing (TIF) revenue
needed for the project. The project should be funded in the normal manner,
provided the financials were viable.
. The project should be integrated into the community, and no one should be
displaced. Long-term commitments for employment should be sought and
dollars set aside for training. The grocery store should be large enough to
accommodate fresh meats and vegetables. If the store was too small, it could
become a vehicle for drug dealing. It was not the developer's responsibility to
reduce crime. The City's citizens merited affordable, quality housing east of 1-95.
The Senior Center was a valuable component of the project.
A person in the audience requested that Ms. Ross, Mr. Hay and Chair Taylor comment
on Mr. Berguirstain's presentation. Ms. Ross appreciated his presentation and agreed
with earlier comments that it was not the developer's responsibility to reduce crime or
deal with social issues. These issues would fall under the domain of law enforcement
and social workers and would require significant financial commitments. Ms. Ross
believed Auburn should focus on its financial responsibility to the eRA and the Board.
Mr. Hay opined the meeting was intended to gather information, and issues addressed
should be evidenced in writing. Chair Taylor agreed with Mr. Hay. He noted promises
were offered and major changes had been made regarding Phase 4. It would be
necessary to review the proposals in writing and ensure the financial viability of the
parties.
Chair Taylor noted Auburn's agreement at the February 10, 2009 CRA Board meeting to
pay for the third-party financial review upfront. Mr. Berguirstain inquired whether
Auburn's refusal to do so would be a deal breaker. Chair Taylor advised the issue
would have to be brought before a full Board. Mr. Hay noted he resided in the Heart of
Boynton and favored the redevelopment. However, he could not support the project
without a written agreement in place. Chair Taylor noted the input received at this
meeting would be incorporated in the agreement for review at the next CRA meeting, if
it were provided in a timely manner. Attorney Cherof noted he would begin working on
the final draft as soon as it was in his possession.
Ms. Bright clarified several issues. The project would not be funded by the City. City
staff would assist with land use and zoning changes. Additionally, the CRA had no site
plan control for use of the City Hall site. She dispelled the perception that the CRA had
5
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11,2009
inherited million of dollars at the time the agency was created and that the Board and
CRA staff had not designated dollars to redevelop the MLK corridor. The Board and
CRA had always supported redevelopment efforts for the area. Ms. Bright noted the
CRA was attempting to work with Auburn to fund $10 million (reduced from $23
million), but stressed it would be irresponsible to proceed without a third-party
verification. She pointed out if the deal fell through, the monies would be programmed
in another manner to redevelop the MLK corridor.
Bill Bymel, Retail Sites International, Inc., advised he had previously met with Tom
Hinners on behalf of a retailer interested in the property. To date, he had not heard
from Mr. Hinners. He believed there were other retailers interested in the property as
well.
Residents suggested police substations be created to rid the community of crime and
drugs. Ms. Bright noted this had been attempted in the past. However, there had not
been enough police officers to man the substations. Additionally, funds were not
currently available to build substations. She pointed out a separate meeting could be
held to discuss this issue, even if it were just attended by Chief Immler, CRA staff and
residents. The focus should be on the Master Development Agreement.
Additional comments were offered by the public as follows:
. Stipulations should be incorporated into the agreement.
. Inlet Cove Association (INCA) wished to have an opportunity to review the
agreement.
. Auburn should pay for the third-party verification in order for the project to move
forward. The cost of the review was insignificant and would not affect Auburn's
profit.
. While the redevelopment of the MLK corridor and affordable housing were
needed, due diligence must be accomplished in obtaining the third-party
verification prior to the execution of the Master Development Agreement.
. Mr. Berguirstain's request was not unusual. There were always contingencies
and conditions set forth in agreements. The Board should listen to the
community and find a way to resolve the issues.
. An opportunity had been presented to improve the quality of life along the MLK
corridor. The $70,000 cost for the financials should not be a deal breaker.
6
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
Ms. Bright emphasized CRA staff had not reviewed Auburn's financial statements since
July 2006. In December 2009, the Board directed staff to hire a financial consultant for
the third-party verification. While PMG Associates had been hired to provide a financial
analysis for Seacrest Village more than two years ago, Mr. Berguirstain noted at the
January 13, 2009 meeting that Auburn had a significant conflict of interest with PMG
Associates. While Auburn indicated it wished to move forward with the agreement, the
CRA was attempting to be fiscally responsible in requesting a review of Auburn's
financials. She noted it would take approximately six weeks for the Tax Increment
Financing (TIF) and financial analyses to be completed.
Chair Taylor held he had read the agreement while the residents had not. Once the
agreement was signed, a number of conditions would have to be met by the CRA and
the City. There would also be a fee to terminate the agreement. Additionally, the
reference lito be determined" had appeared throughout the agreement. This was
inappropriate, as everything should be identified up front.
Mr. Hay suggested payment be made to Auburn through Tax Increment Financing (TIF)
dollars on the back end. This would free up funding to improve Seacrest Boulevard.
While Mr. Hay favored the development of the Heart of Boynton, Auburn was
requesting the CRA to make a decision without the proper information. He cautioned
against moving too quickly.
Other comments were:
. Auburn and the CRA should each pay for half the cost of the third-party
verification.
. It was a failure of the City to clean up the MLK corridor resulting from a lack of
commitment to the area.
Chair Taylor called for comments from City representatives.
Kurt Bressner, City Manager, noted he had not previously seen the revised plan, and
believed it to be a step in the right direction. Auburn had taken a look at the east end
of the parcel and brought the density down. There were issues regarding title to the
vacant property next to the convenience store and meat market. The property had
been conveyed to the City, by the County, for open space. Deed restrictions had been
applied which could result in the relocation of the open space to benefit the community.
This should be clarified. The issue of the deed restrictions had not been included in the
draft agreement and was discovered upon Mr. Bressner's review of the document.
Chair Taylor inquired whether City staff had expressed concerns regarding the four-
story height proposed for Phase 2. Mr. Bressner replied it did not conform to the
7
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, Florida
February 11, 2009
original site plan, but as the market had changed, the conditions had changed as well.
He would defer any staff concerns to Mr. Greene.
Quintus Greene, Director of Development, noted he had not seen the revised
agreement either and agreed it was a step in the right direction. As to the four-story
height, there would be a necessity for a change in the Heart of Boynton plan and a
modification to the zoning, which he believed was doable. He envisioned the area
along the MLK corridor could conform to the City's mixed use low 2 category. This
allowed for 45 foot height limitations with between 20 to 40 dwelling units (du) per
acre. The category for the MLK corridor was a local collector road, and not an arterial
road. An arterial road would allow up to 40 dwelling units (du) per acre. This could be
resolved with the developer. Mr. Greene believed it was obvious from the presentation
that the developer had been listening to the community and had taken steps to modify
the agreement. It would be necessary for Mr. Greene to review the completed Master
Development Agreement before rendering any specific recommendations.
VI. Board Discussion
(Discussion by the Board had been set forth earlier.)
VII. Adjournment
There being no further discussion, the meeting properly adjourned at 9:23 p.m.
\\
I
_.....:
',' ~
....--: ('.1 /\.I ,---
Stephanie D. Kahn
Recording Secretary
021209
(--ll-__
..L---' .
8
February 27, 2009
MDAI Auburn
Staff Comments
1. Scope is for Phase II only (Page 1, Para 4 l
2. Term is still for 12 years (section 6 )
3. Section 7 contradicts # 1 and states the scope is 3 phases
4. Phase I is retail complex and CRA shall select the developer (contradicts
Section 7). Who would assemble the land?
5. Auburn has failed to provide proofthat the City/CRA land in Phase II (senior
rental) is not sufficient to make the deal feasible and that the $1.92 is
necessary to make Phase II finically feasible (This is the rationale for a third
party verification.)
6. Since the beginning of the MDA negotiations, Auburns site plan has changed
four times. However, the amount of CRA money and the timing ofthe
funding of CRA dollars has remained the same.
7. Sections 10 and 11 are in the wrong place of the Agreement (should be in
Phase II section)
8. The timing of Section 12 does not make sense. The MDA states that the CRA
has 60 days from the date of the Agreement to obtain a financial analysis of
Auburn. However, the period to terminate is the same 60 days. It should be
120 days to give time to conduct the analysis and for staff to review and
present the findings to the Board for consideration.
9. Auburn is only willing to contribute $15,000 ofthe $70,000 cost of financial
analysis.
10. The scope of analysis is not just Auburn but the verification of the amount of
CRA dollars and the method of payment of those dollars. The MDA only
mentions the analysis of Auburn's financial health.
11. Section 13. Change "income tax basis financial statement" to "audited
financial statements dated no later than 90 days prior to submission to the
CRA" .
12.
Native
Techno logies '
.~ Wetlands bank Group Company
February 26, 2009
Ms. Lisa A. Bright
Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Re: Contract Termination
Dear Ms. Bright,
I am in receipt of your letter of termination dated February 13, 2009 and I have reviewed the video of the
Boynton Beach Community Redevelopment Agency (BBCRA) board meeting. My comments are as
follows.
First, Native Technologies, Incorporated (NT!) faithfully and professionally served the City of Boynton
Beach for over two years performing it's contractual obligations in accordance with all applicable agency
permits and standards.
Secondly, The flushing channel was always cleaned at each maintenance event and when notified that
additional cleaning was necessary. Attached are photographs taken at each event. As you are aware, the
tides roll in and out and debris is constantly brought in and deposited. The contract did not require nor were
we instructed during the bid process to monitor and clean this channel daily.
Thirdly, the original Biologist on the project was Janine Bacquie, who was promoted and was replaced with
Russell Hunt in October 2007. I do not believe this would be construed as "numerous turnover of staff'.
Lastly, it is ironic that NT! only began to have issues with the BBCRA recently, after almost two years of
faithful service and no contact with myself. The issues started to occurred shortly after Ms. Vivian Brooks,
assistant Director of the BBCRA instructed our Biologist, Russell Hunt, a de greed and professional
Biologist with over six years offield experience, to eradicate a grass in the Mangrove area that she thought
was Torpedo grass, an invasive species but actually turned out to be Salt Grass which is a native grass. In
an effort to prevent future enforcement action against the BBCRA, Mr. Hunt declined to treat the grass and
informed Ms. Brooks as to why. I am attaching an email received from Ms. Brooks yesterday which I
believe clearly shows the intent of Ms. Brooks actions and demeanor towards NTI.
In closing I regret the actions taken by the BBCRA and I thank you for your time and request to have this
letter on record. NT! values our franchise and our reputation and feel the BBCRA board decision was based
on inaccur and biased information.
obert B. Miller
Chief Operating Officer
Jerry Taylor, Chair
Jose A. Rodriguez, Vice Chair
Ronald Weiland, Commissioner
Woodrow Hay, Commissioner
Marlene Ross, Commissioner
814 South Military Trail, Building 6 . Deerfield Beach, FL 33442
State Certificate # CB-C038946
888.301.1707 . 954.596.24 J 1 . Fax 954.480.6249 . \vww.nativetechnologiesinc.com
Printed on recycled paper I@)
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Technologies
Boynton Beach - Jaycee Park
November 2008
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Boynton Beach - Jaycee Park
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December 2008
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Boynton Beach - Jaycee Park
January 2009
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Boynton Beach - Jaycee Park
January 2009
Photo 3
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Boynton Beach - Jaycee Park
February 2009
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Sent
Tc
Subject
Attachments.
You ve oeen served
Vivian L. Brooks
Assistant Director
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
brooksvi@bbfl.us
Brooks, Vivian [BrooksVi@bbfi Li,-,
Thursday, February 26, 20094'26 PI\
Alberta Trychta; Russell Hur
Question
Native Technology letter 2 '13.09 en
"Energy and Persistence Alter All Things. "
Benjamin Franklin
-'1-
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~H~1~<1Y~T2~~C RA
ilIIi East Slde- West Side- Seaside Renaissance
February 13. 2009
VIA CERTIFIED/RETURN
RECIEPT MAIL
Mr. Robert H. Miller
Native Technologies. Inc.
814 S. Military Trail
Deerfield Beach. FL 33442
Dear Mr. Miller.
Per the Boynton Beach Community Redevelopment Agency's vote on November 14,
2006. I am hereby notifying your fiml that the Agency is invoking its right to terminate
without default the contract between Native Technologies and the CRA dated November
14, 2006. The contract will terminate effective fifteen (15) days fi'om Native
Technologies receipt of this letter.
~in~;elY' "
-:; ~ '--
('rSrrU' /JJ7(A~ ?<9~>
Lisa A. Bright ?]' ,/ b .
Executive Director
cc: James Cherof, CRALegal Counsel
Jerry Taylor, Chau'
CRA Board Members
915 South Federal Highway, Boynton Be.ch, FL 33435, (0) 581. 737. 3258, (F) 561.737.3258
From: Gary Hines [mailto:ghines@bdb.org]
Sent: Thursday, February 19, 2009 3:44 PM
To: Bright, Lisa; Jerry Taylor
Subject: FAM 2009
Dear Lisa & Jerry,
RE: 2009 International Site Consultant - Palm Beach County Familiarization Program (FAM
2009)
Thank you for the sponsor support by City of Boynton Beach and Boynton Beach CRA of the
BDB's 2009 FAM program. Our guest site consultants were very impressed with the business
assets of Palm Beach County. Thank you for providing narration during our drive through
Boynton Beach. They went back to their offices in the Northeast and Midwest with a greater
appreciation of the quality of business here and the potential for corporate relocation and
expansion projects they facilitate.
Best regards,
Gary
Gary Hines
Senior Vice President, Administration
Business Development Board of Palm Beach County, Inc.
310 Evernia Street
West Palm Beach, FL 33401
561.835.1008 651.4111 direct
qhines~bdb.orq
www.bdb.orq
The BDB is an Accredited Economic Development Organization (AEDO) by the International
Economic Development Council in Washington, D.C.
March '09 CRA Calendar
Monday Tuesday Wednesday Thursday Friday
2 ) -1- 5 6
Commission Meeting
6:)0 FM, Chambers
9 10 II 12 1 )
CRA 50ard Meeting
6:)0 FM, Chambers
16 . 17 18 19 n 20
Commission Meeting Ocean~ront Concert
6:)0 FM, Chambers (6:00 FM, Oceanfront F ark)
5T. F atrich Da.t) 5trictl.t) 5usiness 5and
2) 2-1- 25 26 27
)0 ) I
i/ease see Ash/eg {or additions, deletions or corrections.
~
( CEANF
ONT
Boynton Beach
OCEANFRONT CONCERT SERIES
Friday February 20, 2009 6:00 - 9:00 PI'1
Friday March 20, 2009 6:00 - 9:00 Pl\1
Friday April 17 , 2009 6:00 - 9:00 Pl\1
Friday May 15, 2009 6:00 - 9:00 PM
Bring the Entire Family... FREE CONCERTS
Oceanfront Park - 6415 N. Ocean Blvd.
On AlA, just North of Ocean Avenue bridge. Park on site, or ride the
free shuttle - park at Bank of America on the comer of East Ocean
Avenue and Federal Highway. Shutde runs from 5:30 PM to 9:30 PM.
Bring your folding chairs and prepare to dance the night away!
Food & Drink vendors available. Please leave pets at home!
For Information call: 561-742-6246 or 737-3256
www.boyntonbeachcra.com
~~fl'WelRA
ill East Side-West Side-Seaside Renaissance
.
rlH' P,dlll Bl'.l( 11 n )....t