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Agenda 04-14-09 , \1\ !""" ::\; v.:"'"'. I /~.~,~,~/i..., " I~.'~ ',', '~~~Y~T2~ICRA ill East Side- West S',de- Seaside Renaissante If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, CRA Board Meeting Tuesday, April 14, 2009 6:30 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. Oceanfront Concert Series - WILDFIRE - April 17th from 6-9 PM B. Sing Along Under the Stars - Mamma Mia - April 26th at 7:30 PM VI. Consent Agenda: A. Approval of Minutes - CRA Board Special Meeting March 3,2009 B. Approval of Minutes - CRA Board Meeting March 10,2009 C. Approval of Minutes - CRA Board Special Meeting March 31, 2009 D. Approval of Period-Ended March 31,2009 Financial Report E. Approval of Lease Renewal for 1000 N. Seacrest Blvd, Jesus House of Worship F. Approval of Monetary Donation in the Amount of$500.00 to the Heart of Boynton Community Association, Inc. for the Great American Cleanup G. Approval of Funding up to $35,000 from the Homebuyers Assistance Program to Kyza Green H. Approval ofa Commercial Fa9ade Grant in the Amount of$15,000 to 200 East Ocean A venue Apartments, LLC for Property Located at 200 East Ocean A venue I. Approval ofa Commercial Fa9ade Grant in the Amount of$9,336.79 to C.E. Precision, LLC for the Property Located at 711 North Railroad Ave J. Approval ofa Commercial Fa9ade Grant in the Amount of$15,000 to Palm Beach Eye Care for the Property Located at 640 W. Boynton Beach Blvd. K. Monthly Procurement Purchase Orders L. Criteria for Media Coverage VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of March, 2009 and District Statistics for the Months of February and March, 2009 B. Boynton Beach CRA and Trolley Web site Updates C. Complaint/Comment Log - Monthly Update D. Planning and Development Board Meeting Agenda - March 24, 2009 E. Status Update on 201 NE 1 st Avenue F. Dumpster Art Program Final Report IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Review of Appraisal for Two Vacant Lots on NE 9th A venue Owned by Wayde King B. Review of Appraisal for Commercial Property Located at 111 NE 9th A venue Owned by Ulusoy/Turku C. Presentation ofFY 2008-2009 Budget Update D. Consideration of Request for Funding the Graffiti Art Project - TABLED March 10,2009 XII. New Business: A. Consideration of Amendment No.3 to Kimley-Horn Continuing Contract XIII. Future Agenda Items A. Brownfield Designation B. Heart of Boynton Work Program Options C. Contract with EZ Mart XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by eRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment , ~~ I/i~.. ,. I<':.~\.'~" '" /~- -" . , '~~<tY~T2~i. RA _ East Side-West Side-Seaside Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, CRA Board Meeting Tuesday, April 14, 2009 6:30 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. Oceanfront Concert Series - WILDFIRE - April 17th from 6-9 PM B. Sing Along Under the Stars - Mamma Mia - April 26th at 7:30 PM VI. Consent Agenda: A. Approval of Minutes - CRA Board Special Meeting March 3, 2009 B. Approval of Minutes - CRA Board Meeting March 10, 2009 C. Approval of Minutes - CRA Board Special Meeting March 31, 2009 D. Approval of Period- Ended March 31, 2009 Financial Report E. Approval of Lease Renewal for 1000 N. Seacrest Blvd, Jesus House of Worship XI. Old Business: A. Review of Appraisal for Two Vacant Lots on NE 9th Avenue Owned by Wayde King B. Review of Appraisal for Commercial Property Located at 111 NE 9th A venue Owned by Ulusoy/Turku C. Presentation of FY 2008-2009 Budget Update D. Consideration of Request for Funding the Graffiti Art Project - TABLED March 10,2009 XII. New Business: A. Consideration of Amendment No.3 to Kimley-Hom Continuing Contract XIII. Future Agenda Items A. Brownfield Designation B. Heart of Boynton Work Program Options C. Contract with EZ Mart XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment I CEANF ~ - rt V-~oee ONT - J: -..--s---f e le- Boynton Beach OCEANFRONT CONCERT SERIES F ri da y February 20, 2009 6:00 - 9:00 PI\1 Friday March 20, 2009 6:00 - 9:00 PM Fridav April 17,2009 6:00 - 9:00 PlYl "' 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 shutde - 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 RY~e:CRA . The P.lhll Bcadl Post PrJl!~lH\ (l~ ~-\y;t (onl East Side~West Side-SeasIde Rena'lSsance i-n -----.--.- -ffl i -ffl -ffl -ffl -ffl -ffl -ffl -ffl -ffl -ffl ~ ~ rv VJ ~ (J1 0) ~ ex> co 0 - - - - - - - - - - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -ffl - - - - - - - - - - I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oet ! Nov Dee Jan Feb Mar Apr May Jun Jul I Aug Sep .. -1;0 o CD 1"'+ < Q) CD m::J >< c "'C CD CD en ::J en iCD __J en -I OJ o '< ~ ... o ~ OJ CD D) n :T o ::a )> I "TI -< o co ........ o CD o D) en :T "TI - o ~ en I I I I I _--.J d IIltll~<1Y~T8~ eRA iIi East Side-West S,de-Seaside Renaissance eRA BOARD MEETING OF: April 14, 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, April 17, 2009, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Oceanfront Concert . Featuring the calypso, reggae and island music of Wild Fire . 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 comer 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 Bisc iti Special Events Director Document6 ( ~~~~Y~T2~ eRA Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14,2009 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Announce "Sing Along Under the Stars" Mamma Mia movie screening (Info. Only) SUMMARY: I' I . The Boynton Beach CRA in conjunction with the Palm Beach International Film Festival will present a screening of the movie Mamma Mia: The sing-along version. . April 26, 2009 at 7:30 PM at Intracoastal Park. . This is a FREE event for the entire family. . Attendees are asked to bring a folding chair or blanket. . Snacks and drinks available for purchase. . Parking on-site at Intracoastal Park and at Boat Club Park FISCAL IMPACT: None (Info. Only) RECOMMENDATIONS: N/A ~~~ Kathy Biscuiti Special Events Director ( G:\CRA Board\Agenda item Mamma Mia 4-14-09 meeting.doc ......4,:;- '~ '~~~Y~Te~ICRA iIIii East Side~West Side~Seas'lde Renaissance eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the revenues and expenses for the month ending March 31, 2009. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve March financials. ..~ ~ .~ ' ~~v___ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Financial Report.doc 3-30-2009 09: \M 01 -GENERAL FUND FINANCIAL SUMMARY REVENUE SUMMARY T.I.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 BOYNTON BEACH REVENUE & EXPENDITURES REP UNAUDITED) AS OF: MARCH 31ST, _J09 ORIGINAL BUDGET 8,300,000 1,287,500 o 15,000 50,000 o 3,400,000 13,052,500 AMENDED BUDGET 8,300,000 1,287,500 o 15,000 50,000 o 3,400,000 13,052,500 MONTHLY ACTIVITY 0.00 31,062.71 0.00 0.00 0.00 0.00 0.00 31,062.71 YEAR-TO-DATE BALANCE 8,315,313.00 385,860.01 2,475.00 1,000.00 23,662.31 64.30 0.00 8,728,374.62 PAGE: 1 15,313.00) 901,639.99 2,475.00) 14,000.00 26,337.69 64.30) 3,400,000.00 4,324,125.38 TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 0.00 0.00 49,530.15 0.00 24,475.00 8,228.94 1,379.94 0.00 0.00 0.00 0.00 0.00 0.00 83,614.03 13 , 364 . 96 122,703.43 86,433.32 33,042.36 332,152.26 118,393.21 333,329.74 905,190.96 44,918.72 313,493.00 85,080.20 53,012.80 134,780.02 276,851.72 4,628,564.25 7,481,310.95 83,614.03) ( 3,157,185.57) 0.18- 70.03 0.00 93.33 52.68 0.00 100.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 33.13 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 1,091.43 15,518.60 10,715.37 0.00 10,726.35 15,880.70 13,237.06 71,076.70 1,999.29 0.00 7,427.05 5,878.50 31,798.88 0.00 0.00 185,349.93 4,535.04 89,238.57 64,981. 68 82,427.64 103,317.59 91,486.79 138,405.26 374,080.10 15,821. 34 0.00 55,485.80 42,074.20 93,136.98 2,789,729.28 1,542,854.75 5,487,575.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74.66 57.89 57.08 28.62 68.49 56.41 67.18 70.31 72.31 100.00 60.53 55.75 59.14 9.03 75.00 57.32 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0.00 o o 154,287.22) 3,240,799.60 3-30-2009 09: \M BOYNTON BEACH PAGE: 3 REVENUE & EXPENDITURES REP . UNAUDITED) AS OF: MARCH 31ST, ~J09 01 -GENERAL FUND LEGISLATIVE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 7,500 7,500 0.00 0.00 0.00 7,500.00 100.00 01-51010-203 MISCELLANEOUS 0 1,000 0.00 2,700.00 0.00 1,700.00) 170.00- 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 391.43 939.50 0.00 1,760.50 65.20 01-51010-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 700.00 700.00 0.00 1,800.00 72.00 01-51010-227 DELIVERY SERVICES 3,600 3,600 0.00 411.00 0.00 3,189.00 88.58 TOTAL PURCHASED/CONTRACT SERV 16,300 17,300 1,091.43 4,750.50 0.00 12,549.50 72.54 SUPPLIES 01-51010-310 OFFICE SUPPLIES 600 600 0.00 215.46) 0.00 815.46 135.91 TOTAL SUPPLIES 600 600 0.00 215.46) 0.00 815.46 135.91 TOTAL LEGISLATIVE 16,900 17,900 1,091.43 4,535.04 0.00 13,364.96 74.66 3-30-2009 09:' \M BOYNTON BEACH REVENUE & EXPENDITURES REP ,UNAUDITED) AS OF: MARCH 31ST, uJ09 PAGE: 5 01 -GENERAL FUND AUDITOR DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 3-30-2009 09: 'M BOYNTON BEACH PAGE: 7 REVENUE & EXPENDITURES REP, UNAUDITED) AS OF: MARCH 31ST, ~v09 01 -GENERAL FUND INSURANCES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 28,916 28,916 0.00 16,139.10 0.00 12,776.90 44.19 01-51410-213 GENERAL PROPERTY COVERAGE 76,394 76,394 0.00 60,257.73 0.00 16,136.27 21.12 01-51410-214 EMPLOYEE FIDELITY COVE RAG 1,650 1,650 0.00 990.81 0.00 659.19 39.95 01-51410-215 DIRECTORS & OFFICERS COVE 8,510 8,510 0.00 5,040.00 0.00 3,470.00 40.78 TOTAL PURCHASED/CONTRACT SERV 115,470 115,470 0.00 82,427.64 0.00 33,042.36 28.62 TOTAL INSURANCES 115,470 115,470 0.00 82,427.64 0.00 33,042.36 28.62 3-30-2009 09: M BOYNTON BEACH REVENUE & EXPENDITURES REP\ UNAUDITED) AS OF: MARCH 31ST, wJ09 PAGE: 9 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 184,205 14,169.62 85,017.72 0.00 99,187.28 53.85 01-51440-115 CAR ALLOWANCE 5,400 5,400 416.00 2,496.00 0.00 2,904.00 53.78 TOTAL PERSONNEL SERVICES 189,605 189,605 14,585.62 87,513.72 0.00 102,091.28 53.2.4 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 1,048.86 929.88 0.00 10,070.12 91.55 01-51440-226 MEMBERSHIP DUES 825 825 0.00 275.00 0.00 550.00 66.67 01-51440-227 DELIVERY SERVICES 1,000 1,000 0.00 172.27 0.00 827.73 82.77 01-51440-229 CAREER DEVELOPMENT 2,500 2,500 0.00 999.00 0.00 1,501.00 60.04 TOTAL PURCHASED/CONTRACT SERV 15,325 15,325 1,048.86 2,376.15 0.00 12,948.85 84.49 SUPPLIES 01-51440-310 OFFICE SUPPLIES 3,500 3,500 124.77 589.06 0.00 2,910.94 83.17 01-51440-355 SUBSCRIPTIONS 150 150 0.00 0.00 0.00 150.00 100.00 01-51440-360 BOOKS & PUBLICATIONS 300 300 116.75 116.75 0.00 183.25 61.08 01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 4.70 891.11 0.00 108.89 10.89 TOTAL SUPPLIES 4,950 4,950 246.22 1,596.92 0.00 3,353.08 67.74 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 209,880 209,880 15,880.70 91,486.79 0.00 118,393.21 56.41 3-30-2009 09:~ 'Ilol 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 01-51630-209 PROPERTY MAINTENENCE 01-51630-241 MARINA FUEL MANAGEMENT 01-51630-242 MARINE FUEL STATION OVERH TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51630-325 ELECTRIC COSTS 01-51630-326 WATER COSTS 01-51630-327 GASOLINE & DEISEL FUEL PU 01-51630-328 MARINA DIESEL SALES TAX TOTAL SUPPLIES CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES TOTAL MARINA ORIGINAL BUDGET 500 35,000 148,000 50,000 233,500 20,000 1,800 1,008,000 19,200 1,049,000 5,000 5,000 1,287,500 BOYNTON BEACH REVENUE & EXPENDITURES REP( UNAUDITED) AS OF: MARCH 31ST, _Ju9 AMENDED BUDGET 500 35,000 148,000 50,000 233,500 20,000 1,800 1,008,000 19,200 .1,049,000 5,000 5,000 1,287,500 MONTHLY ACTIVITY 0.00 2,125.50 12,333.00 2,340.66 16,799.16 1,769.05 117.17 51,522.69 868.63 54,277.54 0.00 0.00 71,076.70 YEAR-TO-DATE BALANCE 450.00 9,721.25 73,998.00 16,917.37 101,086.62 4,907.69 1,029.37 262,213.15 4,843.27 272,993.48 0.00 0.00 374,080.10 TOTAL ENCUMBERED 0.00 8,228.94 0.00 0.00 8,228.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,228.94 UNENCUMBERED BALANCE 50.00 17,049.81 74,002.00 33,082.63 124,184.44 15,092.31 770.63 745,786.85 14,356.73 776,006.52 5,000.00 5,000.00 905,190.96 PAGE: 11 % OF BUDGET REMAINING 10.00 48.71 50.00 66.17 53.18 75.46 42.81 73.99 74.77 73.98 100.00 100.00 7(). n 3-30-2009 09:' 'M BOYNTON BEACH REVENUE & EXPENDITURES REP, UNAUDITED) AS OF: MARCH 31ST, ~J09 PAGE: 13 01 -GENERAL FUND SOFTWARE & TECHNOLOGY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED '" OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 3-30-2009 09:/ 'M 01 -GENERAL FUND TRANSPORTATION DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET PURCHASED/CONTRACT SERV BOYNTON BEACH REVENUE & EXPENDITURES REP( UNAUDITED) AS OF: MARCH 31ST, __09 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED PAGE: 15 % OF UNENCUMBERED BUDGET BALANCE REMAINING 3-30-2009 09:' 'M BOYNTON BEACH REVENUE & EXPENDITURES REPt UNAUDITED) AS OF: MARCH 31ST, _J09 PAGE: 17 01 -GENERAL FUND MARKETING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 86,632 86,632 5,568.61 41,478.61 0.00 45,153.39 52.12 TOTAL PERSONNEL SERVICES 86,632 86,632 5,568.61 41,478.61 0.00 45,153.39 52.12 PURCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 8,500 8,500 0.00 0.00 0.00 8,500.00 100.00 01-57400-216 ADVERTISING & PUBLIC NOTI 2,000 2,000 0.00 2,810.00 0.00 810.00) 40.50- 01-57400-218 ANNUAL REPORT & BROCHURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00 01-57400-225 ASSOC. MEETINGS & SEMINAR 2,000 2,000 365.63 908.50 0.00 1,091.50 54.58 01-57400-226 MEMBERSHIP DUES 1,334 1,334 110.00 316.50 0.00 1,017.50 76.27 01-57400-227 DELIVERY SERVICES 2,500 2,500 0.00 253.85 0.00 2,246.15 89.85 01-57400-236 PHOTOGRAPHY / VIDEOS 10,000 10,000 403.82 6,772.82 0.00 3,227.18 32.27 TOTAL PURCHASED/CONTRACT SERV 36,334 36,334 879.45 11,061.67 0.00 25,272.33 69.56 SUPPLIES 01-57400-310 OFFICE SUPPLIES 7,500 7,500 124.78 803.55 0.00 6,696.45 89.29 01-57400-355 SUBSCRIPTIONS 1,100 1,100 0.00 366.45 0.00 733.55 66.69 01-57400-360 BOOKS & PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00 01-57400-365 OFFICE PRINTING COSTS 8,900 8,900 854.21 1,775.52 0.00 7,124.48 80.05 TOTAL SUPPLIES 17,600 17,600 978.99 2,945.52 0.00 14,654.48 83.26 DEPRECIATION & AMORT TOTAL MARKETING 140,566 140,566 7,427.05 55,485.80 0.00 85,080.20 60.53 3-30-2009 09:' 'M BOYNTON BEACH REVENUE & EXPENDITURES REP\ UNAUDITED) AS OF: MARCH 31ST, _J09 PAGE: 19 01 -GENERAL FUND DEVELOPMENT PROJECTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING INTERFUND/INTERDEPTMENTL 3-30-2009 09:' 'M BOYNTON BEACH REVENUE & EXPENDITURES REPI UNAUDITED) AS OF: MARCH 31ST, _J09 PAGE: 21 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851.72 9.03 TOTAL OTHER FINANCING USES 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851.72 9.03 TOTAL DEBT SERVICE 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851.72 9.03 3-30-2009 09:J '1 BOYNTON BEACH REVENUE & EXPENDITURES REPC lNAUDITED) AS OF: MARCH 31ST, _.09 PAGE: 1 02 -PROJECTS FUND FINANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING REVENUE SUMMARY FESTIVALS & EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES 0 0 0.00 12,065.79 0.00 12,065.79) 0.00 0 0 0.00 4,137.86 0.00 4,137.86) 0.00 300,000 300,000 0.00 0.00 0.00 300,000.00 100.00 6,671,419 6,671,419 0.00 1,542,854.75 0.00 5,128,564.25 76.87 6,971,419 6,971,419 0.00 1,559,058.40 0.00 5,412,360.60 77.64 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- TOTAL REVENUES EXPENDITURE SUMMARY OPERATING EXPENSES CAPITAL OUTLAY AFFORDABLE HOUSING ECONOMIC DEVELOPMENT PROJECTS AND PROGRAMS 465,000 465,000 4,713.95 10,771.64 58,501.21 395,727.15 85.10 4,091,279 4,091,279 17,086.52 54,337.33 34,594.47 4,002,347.20 97.83 860,000 860,000 0.00 213,622.44 0.00 646,377.56 75.16 809,795 809,795 70,937.00 337,849.51 0.00 471,945.49 58.28 745,345 745,345 99,604.73 254,996.75 21,574.00 468,774.25 62.89 6,971,419 6,971,419 192,342.20 871,577.67 114,669.68 5,985,171.65 85.85 ------------ ------------ ------------- ------------- ------------- ------------- --~---- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0 0 192,342.20} 687,480.73 114,669.68) ( 572,811.05) (1.00 TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES 3-30-2009 09:,' 'M BOYNTON BEACH REVENUE & EXPENDITURES REPl UNAUDITED) AS OF: MARCH 31ST, _J09 PAGE: 3 02 -PROJECTS FUND BOND #2 ISSUE COST DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 3-30-2009 09:^ '1M BOYNTON BEACH REVENUE & EXPENDITURES REPc AS OF: MARCH 31ST, PAGE: 5 UNAUDITED) "09 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 02-58200-400 LAND 650,000 650,000 0.00 0.00 0.00 650,000.00 100.00 02-58200-404 CONSTRUCTION IN PROGRESS 2,000,000 2,000,000 11,186.52 46,617.33 34,594.47 1,918,788.20 95.94 02-58200-405 SITE WORK AND DEMOLITION 75,000 75,000 5,900.00 7,720.00 0.00 67,280.00 89.71 02-58200-406 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 17,086.52 54,337.33 34,594.47 4,002,347.20 97.83 TOTAL CAPITAL OUTLAY 4,091,279 4,091,279 17,086.52 54,337.33 34,594.47 4,002,347.20 97.83 3-30-2009 09:' "1 BOYNTON BEACH REVENUE & EXPENDITURES REPC JNAUDITED) AS OF: MARCH 31ST, _vu9 PAGE: 7 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 15,000.00 15,000.00 0.00 60,000.00 80.00 02-58400-442 TRANSPORTATION PROGRAM 734,795 734,795 55,937.00 322,849.51 0.00 411,945.49 56.06 TOTAL CAPITAL EXPENDITURES 809,795 809,795 70,937.00 337,849.51 0.00 471,945.49 58.28 TOTAL ECONOMIC DEVELOPMENT 809,795 809,795 70,937.00 337,849.51 0.00 471,945.49 58.28 3-30-2009 09: BOYNTON BEACH REVENUE & EXPENDITURES REPO.UNAUDITED) AS OF: MARCH 31ST, 2009 PAGE: 9 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 6,971,419 192,342.20 871,577.67 114,669.68 5,985,171.65 85.85 ------------ ------------ ------------- ------------- ------------- ------------- ------------ ------------ ------------- ------------- ------------- ------------- REVENUES OVER I (UNDER) EXPENDITURES o o 192,342.20) 687,480.73 114,669.68) ( 572,811.05) 0.00 \ f'- ...-... /'" f'" 1IJ~~qy~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Consideration of Lease Renewal with Jesus House of Worship, 1000 N. Seacrest Boulevard SUMMARY: In March 2007, the CRA negotiated a settlement to purchase the property located at 1000 N. Seacrest Boulevard from the Jesus House of Worship, Inc. At the time of mediation, the building was utilized as a church. The settlement agreement authorized Jesus House of Worship to remain in the building as tenant with a one year lease at a rate of $10 annually and with any future lease renewals at the sole discretion of the CRA Board. At their April 8, 2008 meeting, the CRA Board approved an additional year's lease renewal for Jesus House of Worship at the existing rate of$1O.00. CRA staff reviewed various redevelopment scenarios and does not recommend terminating the lease or a rental increase which would increase the property tax liability to the CRA similar to the significant increase assessed at the old Relax Inn site with Boynton Waterways for their construction trailers. The lease agreement requires the tenant to be responsible for any and all maintenance/repairs as well as their continued occupancy of the building provides the community with eyes and ears for neighborhood crime watch initiatives. FISCAL IMPACT: None. CRA PLAN, PROGRAM or PROJECT: Heart of Boynton Redevelopment Plan RECOMMENDATIONS: Approval of the Lease Renewal with Jesus House of Worship for the property located at 1000 N. Seacrest Boulevard. ~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 MeetinglLease renewal for Jesus House of Worship. doc COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this _ day of April, 2009, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY whose address is 915 South Federal Highway, Boynton Beach, Florida 33435, (hereinafter referred to as "Landlord"), and JESUS HOUSE OF WORSHIP, INC., whose address is 1000 N. Seacrest Boulevard, Boynton Beach, FL 33435 referred to as (Tenant"), ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises "), together with, as part of the parcel, all improvements located thereon. ARTICLE II - LEASE TERM Section 1. Total Term of Lease. The term of this Lease shall begin on the commencement date, set forth above, and shall terminate on March 31, 2010. Section 2. Commencement Date. The "Commencement Date" shall mean the date on which the Tenant shall commence to conduct business on the Leased Premised, so long as such date is not in excess ofthirty (30) days subsequent to execution hereof. ARTICLE III - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept monthly rent in the amount ofTen Dollars ($10.00) per year, payable in advance upon execution of this Agreement. ARTICLE IV - TAXES While it is recognized Tenant is a tax exempt entity, any and all personal or property taxes, and any and all assessments (be they ordinary or extraordinary) shall be the responsibility of Tenant during the term ofthe Lease. ARTICLE V - UTILITIES Tenant shall pay for all utilities, including, without limitation, water, sanitation, sewer, electricity. light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. ARTICLE VI - OBLIGATIONS FOR REPAIRS The Tenant shall be solely responsible for the repair and maintenance of the Leased Premises. COMMERCIAL LEASE AGREEMENT Page 2 of7 ARTICLE VII - TENANT'S COVENANTS Tenant covenants and agrees to procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, and reasonable wear and tear. ARTICLE VIII - INDEMNITY BY TENANT The Tenant shall save and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employee, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Landlord. ARTICLE IX- USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant exclusively as a church, to be known as Jesus' House of Worship. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE X - INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises or equitably allocate the proceeds as the Parties may otherwise agree to in writing. ARTICLE XI - CONDEMNATION If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of COMMERCIAL LEASE AGREEMENT Page 3 of7 the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance. shall be refunded to Tenant. ARTICLE XII - DEFAULT Section 1. LANDLORD'S Remedies. In the event that: 1. Tenant shall be in default of any provision of this Lease; or 11. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof. Landlord shall be entitled to: 1. Terminate this Lease by giving Tenant ninety (90) day notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or 11. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant 's default; or 111. Pursue such other remedies as are available at law or equity. ARTICLE XIII - QUIET ENJOYMENT Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. ARTICLE XIV - PROPERTY DAMAGE Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where caused by the willful act or omission or negligence of Landlord, or Landlord's agents, employees or contractors. COMMERCIAL LEASE AGREEMENT Page 4 of7 ARTICLE XV - NOTICES All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. ARTICLE XVI - MISCELLANEOUS Section 1. Assignment and Subletting. Tenant shall not assign or sublet the Leased Premises without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural , mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. 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. Section 4. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord COMMERCIAL LEASE AGREEMENT Page 5 of7 shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 5. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement. Section 6. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Section 7. Governing Law. All matters pertaining to this agreement (including its interpretation. application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 8. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 9 Extraordinary remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto , may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. COMMERCIAL LEASE AGREEMENT Page 6 of7 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: BOYNTON BEACH COMMUNITY REDEVELPOMENT AGENCY ("LANDLORD") JESUS HOUSE OF WORSHIP ("TENANT") By: By: Its: Its: WITNESSES: WITNESSES: Please Print Name Please Print Name STATE OF FLORIDA COu:NTY OF PALM BEACH The foregoing instrument w acknowledged before me on this day of by of the BOYNTON BEACH COMMUNITY REDEVELPOMENT AGENCY who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped COMMERCIAL LEASE AGREEMENT Page 7 of7 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument w acknowledged before me on this day of by ofthe JESUS HOUSE OF WORSHIP who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped Commercial Lease Agreement Exhibit "A" Leased Premise as Legally Described: PALM BEACH CONTRY CLUB ESTATES LOT 1 (LESS W 25FT & 20FT RETURN CURVE AREA RD R/W) & LOT 2 BLOCK 4, as recorded in the official records of Palm Beach County, Plat Book 11305, Page 0755. eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I I Old Business New Business Legal Other SUBJECT: Approval of monetary donation in the amount of$500.00 to the Heart of Boynton Community Association, Inc. for this year's Great American Cleanup. SUMMARY: On Saturday, April 18, 2009, the Heart of Boynton Community Association, Inc. will participate in the Great American Cleanup in celebration of Earth Day. The Heart of Boynton Community Association, Inc. is asking for a monetary donation in the amount of $500.00 in order to supply refreshments, water, beverages, trash bags and gloves. FISCAL IMPACT: $500 from Buildings and Property Maintenance Line Item 01-51620-209 CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS: Approve donation to the Heart of Boynton Community Association, Inc. in the amount of $500. ~~~ Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\HOB Great American Cleanup Donation.doc (,(;2~r~~~ J?W _ ID# 08-0299557 April 2, 2009 Dear Lisa Bright: The Heart of Boynton Community Association will participate in this year's Great American Cleanup; we will join thousand of volunteers across American on Saturday, April 18th in celebration of Earth Day. We appreciate a monetary donation of $500 or other appropriate products that you can provide to help the HOB community make this year's cleanup successful and bring a welcome break to the hard-working volunteers. These funds will provide refreshments, water, beverages, trash bags and gloves. We are expecting approximately 200 volunteers to participate in this year cleanup. We have already made a significant impact on the environmental quality of life in our area, and your support will help ensure continued success for a cleaner and greener City (Boynton Beach). We thank you for sharing in this responsibility! I look forward hearing from you no later than Wednesday, April 8, 2009, you may contact me anytime at (561) 737-5638. Please make check payable to: Heart of Boynton Community Association, Inc. Sincerely yours, Willie Aikens HOB Community Assn Inc., Vice President ~. " '\.1;,- / ~., '~ ,\ \ '.\\, ,.1...." \'\'1 ,~: I 1t:. .......... .- APRil 18. IOOC) 8:nm-1 t:noon t Organize your family, neighbors, friends, church, schools or civic organiza- t .. tion members to volunteer to clean up and help with projects to improve 4- t your community and to preserve our precious environmental resources. i ......................................... Make plans now to join thousands of volunteers of all ages across America who will be taking part in efforts to clean up and improve their local communities this Spring. In celebration of Earth Day, local activities of the GREAT AMERICAN CLEANUP include a massive removal of litter and illegal dumping from our public spaces - - neighborhoods, roadways, waterways, parks, schools, etc. Additional community improvement activities include tree and other landscape plantings, painting over of graffiti or run-down buildings, etc. Demonstrate your individual responsibility by taking part in this annual effort to make Palm Beach County and neighborhoods across America a safe, more enjoyable place to live, work and play! The GREA T AMERICAN CLEANUP, a project of Keep America Beautiful, is coordinated locally by Keep Palm Beach County Beautiful Inc. and the Solid Waste Authority (SWA). f, REGISTER TODAY! Community Service Hours Given For more information: Keeo Palm Beach Countv Beautiful. Inc. City of Boynton Beach / Police Crime Prevention Unit Attn: Thelma Lyons 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Telephone - (561) 742-6029 Fax-(561) 742-6866 Email: Iyonst@bbfl.us " \, ~ , ~ ~~:g~~~Je~R~,6e eRA BOARD MEETING OF: April 14. 200(; x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Kyza Green up to $35.000 from the Homebuyers Assistance Program SUMMARY: Ms. Green is purchasing a single family residence located at 607 N. Seacrest Boulevard, located within the HOB neighborhood area. Ms. Green's household income has been certified as very low per HUD 2008 guidelines. Ms. Green will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. In April 2006, the CRA purchased a home and two adjacent vacant parcels in an attempt to reduce legal exposure to the City of Boynton Beach for "down zoning" the properties as well as create new affordable workforce housing. Subsequently, a "Request for Proposals" was issued and the CRA Board awarded the parcels to the Boynton Beach Faith Based CDC for $10.00 to facilitate the construction of three new affordable homes on the once dilapidated home site. The HAP grant application, as submitted and reviewed, meets the criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. FISCAL IMPACT: Up to $35,000 from Project Fund Line Item 02-58300-421 - Bond #2 CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $35,000 from the Homebuyers Assistance Program budget to assist Ms. Green in the purchase of 607 N Seacrest Boulevard, subject to execution of the CRA's mortgage, note and agreement at the closing ofthe property. ~d'~ ' ;::ff ~~4 " .;;;/"'- Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglKyza Green HAP doc March 26, 2009 -,~---------- ~~ TODAY'S DATE: APPLlCANT(S): PROPERTY ADDRESS' LEGAL DESCRIPTION: J(yza Green TRANSACTION ~UMMAR\' FIRST MORTGAGE AMOUNT: LENDER: LOAN TYPE: RATE: LTV: Front Ratio: Back End Ratio: i SECON~ MORTG~GE AMOUNT LENDER. i LOAN TYPE: THIRD MORTGA~E AMOUNT: LENDER: LOAN TYPE: ! APPLICANT FUN9S: PRE-PAIDS: I ESCROWED FUN[}S: I I SELLER CONCESSION: I TOTAL: SIGNED: TITLE: CLOSING AGENt ~QZ_~_:Seacr~st Blvd Boynton Beactl~FL~~~;1~ lot 130 (less Seacrest Blvd R/W)& 15 ot lot l:i Block B $101,750.00 National City Bank Loan," 00618632 loan Officer: Nicholaus Sherry Phone," 561-526 -4047 FHA 30 Year Fixed 5.00% 57.14% 37.75% 40.06% $ 40,000.00 City of Boynton Beach SHIP Subsidy $ $35,000.00 Boynton Beach CRA HAP Funds $5250.00 $410.00 $3,000.00 _$ 0 ___________ DATE: March 31, 2009 Lewis, Longman & Walker,P.A . CONTACT PERSQN: , Jessica Bollman FAX: 561-640-8202 561-640-0820 PHONE: ADDRESS: 1700 Palm Beach Lakes Blvd Suite100, West Palm Beach, FL 33_~0l. C:\Documenls and Seltings\Compaq.Owner\My Documenls\SUMMARY OF LOAN TRANSACTION-Green.doc ,,,_"f' eRA BOARD MEETING OF: April 14, 2009 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Ocean East Apartments, LLC for program eligible items at the property located at 200 East Ocean A venue. SUMMARY: Ocean East Apartments, LLC, owner of the property located at 200 East Ocean Avenue has submitted an application to the CRA's Commercial Facade Improvement Grant Program. The eligible items being presented by the applicant for acceptance under the grant is for the re-paving and re-surfacing work to be completed on the west and south parking areas adjacent to the building. Estimated costs for the eligible improvements as presented range between $6,692.00 and 7,085.00 of which the CRA grant would reimburse the owner for 50% of the cost up to a maximum grant of $15,000.00, upon completion of the proposed work. FISCAL IMPACT: A maximum grant award of$15,000.00 from project fund line item: 02-58400- 440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan RECOMMENDA TIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Ocean East Apartments, LLC for program eligible items at the property located at 200 East Ocean Avenue. ~~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglComm Facade Grant - Ocean East Apartments LLC.doc [/ ~.' ..." 2008/2009 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION Name of Property Owner: .j - - / Hilda bn Address of Property Owner: ;loa E- ?2: C~r// CJC. I pm MY\ City/State: ~inh/} -~ '_ F~~___~___ Zip Code: ~3 __cj36-_ Phone # Day: 9SZ1~ t/o/~ 070 / Evening:CZ{~!i!!_L=!?Z_~)_L _ Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): tJ~ c:~1- utE. Ll.e. ___ ___~__~_~ ___________ _4-h 7a-nd ~ bk. Cf.,~nh , ~C~Mt If; ~ ?4/ ~i?rt:-~ UvJY~ V:rJ 7/a1 &-vot I) ?~ 013, i !te-- ?~: ~ 'i J!!!>rl._ ~- -~1' Fkn'k. -.-- .-- -- f If Different from Property Owner Name of Business: tJc~h'1 t-tA-r! ~,.I J1/~ Address of Business: 11<< ;.J~_<F3 ::iI-rat; City/State: --:Fd /-,::udy-~ /~ t- --f ---- --------- - ,.L J. L. Zip Code:? 3 ,} 3L Phone # Day: 9J?/- ~tJl-07~L__ __ Evening:1~___!tP/ - {) 70/ 'Type of Business: )11dl-;~~ - ~~ cr~~ Years of Operation: ~ t5Z--/ c:z.V'P:z., Number of Employees: IJ/n Annual Payroll: /\JIll- Number of Employees residing in Boynton Beach: )//11- PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevel~pment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment . Agency (CRA). Note: See attached Fa9ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting. . Shutters. . Signage (located on the building or the property). . Awnings/canopies. . Doors/windows. . Landscaping around the building. . Irrigation. . Parking lot re-paving, re-sealing, re-striping. . Exterior Lighting. . Patio or decks connected to the building. . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). . ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fa<(ade improvements up to a total of fifteen thousand dollars ($15000 00) of CRA funds 6 The Fa<(ade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fa<(ade Grant program may only be used one time in any three year period for anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th) 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the CRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire'scope of work is completed. Applicant provides "After" photos. b. c. APPLICATION PROCESS I. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is- properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, ~he CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property.. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the FaC.fade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4 PROJECT INFORMATION Describe improvements to be done to the propert\ Attach the following items . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches if applicable . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, . Estimated time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips / material 'samples if applicable, . And material specifications Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. ~'~/ L- ~?/ Prope y wne~ ( - J/.2~,9 ---- ' (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) eRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer l..h' Qda Q ~ -e.o. ~ oaths and take acknowledgements, personally appeared who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. County aforesaid on this IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and ~U day of ~ J~.- , -_'~,~,.,. '~~.. '" j. '-.- J !} \ / . -::::5~;~, :if:;~~7;~;;-7' . , i~' ~I'-'- -". ""jl'v~8i0fW ('r; ,Florida ' . '-~;,.",~,:.'::~ (;X!:ir<3~ ~~~1585~~ . ~ ...,.'''''~. .<O'ClJiO.'~ "'. - . ~ , ,."", ,2009 NOTARY PUBLIC My Commission 6 .. i.>"S"i'~q. ~NT8~ C :.....'i...:.;:. . ...... .... ;'.,-'':.:}L, A . ill East Side-West ~ide-Seas.lde Renaissance 2008/2009 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fa<;ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2, The CRA will cqnsider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered, 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City, These inspections in no way are substitutes for required City inspections and compliances. 4_ The property owner, or tenant if applicable, must complete the fa<;ade improvement project within six (6) months of the grant award. Failure to complete the fa<;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity, The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1, This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released, The CRA will . provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board, .2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with 8 "release of lien" signed by each. Proposals for "work to be completed" or "bids' are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re- imbursement shall provide a minimum of four 3"xS" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimbursement Request from the Applicant shall be submitted no later than the 1Sth of the month for consideration by the CRA Board at its next month's meeting. Reimbursement. shall be issued fifteen (15) days after approval. 4. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 5. Grantees may not submit fayade work improvements for reimbursement which have been uS,ed as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fayade Grant program will o.nly honor new expenditures that have not been submitted under other grant programs. The Fayade Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th). 6. . Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. \Il~~ \~ ~v~-,~~p VvJ;~\Ht'c1~>1L(~'6 ~\~tA\bq ~;?- Witness (Date) Property wner ~ 3/~~/ (Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 2 ~ -1 ~ ".~ ) ~ -j eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $9,336.79 to Custom Instruments for program eligible items at the property located at 711 N. Railroad Avenue. SUMMARY: C.B. Precision, LLC, owner of the property located at 711 N. Railroad Avenue has approved their tenant, Custom Instruments, submission of an application to the CRA's Commercial Facade Improvement Grant Program. The eligible items being presented by the applicant for acceptance under the grant are for the work completed on the fal)\ade including the Mansard roof system and exterior wall and stucco remodeling. Cost for the eligible improvements total $18,673.58 of which the CRA grant would reimburse the owner for 50% ofthe cost for a total grant of$9,336.79. FISCAL IMP ACT:' $9,336.79 from project fund line item: 02-58400-440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $9,336.79 to Custom Instruments for program eligible items at the property located at 711 N. Railroad Avenue. '-, M chae1 Simon Development Manager T-IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Fonms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglComm Facade Grant - Custom InstrumentsLLC.doc ':-', S'.'"',,"i" 3k~ i ','~"J . ......... . ~ .l'r~ i I ..- I '\ I -I L \~_~'. I' t I f I, i \: t',.~ . '\ East Side-West S'!de-Seas'!de Rena'lssance 2008/2009 COMMERCIAL FA<;ADE IMPROVEMENT GRANT PROGRAM APPLlCA liON FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000,00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION I' I, ;. , - ~. I' - .........,....'.. ~~~:r~f Property 0_. E. V(e {~;( s ({~~~___J 1 L~!=_~__ ___" ,Ir\ /" 11 : 1U (JftJ\ Address of Property 1 J /J I ',Ij Owner r: II r, ~JH \ YOct0 t1 N' l'Ute :~:n:t:eDa~~~~~7)~~~1 \uiE::ng~( ~ ~ ~';~;~- ~~~( Legal owners an le~scriPtion 0 theZj;~p~tyt?~ i~g:i::~ (please attach ~Opy Ofwarran~e~ ancf lease, if applicable): Sf:-e_ 0 _" ch.p J. ________. _ If Different from Property Owner Name of Business: C-LtS.:h:n ~ ~+r u (YV~! rl-K Address of Business -111 tLKcui (00)-- -~ v~ nl(Lu_-_~- City/State _ ~ n-t-dYJ ~'~ tV l \) 0 Lee _ _ cZip Code :'33lf 3<; Phone # Day ( 6u I) 1?~~_ n0~]1 Evening: (S.(gL }1~~ ~ I C) Lz Type of Business: f/i 111 fl~lac -/-1' I L i ~.. Years of Operation: Y2- - Number of Employees: ;:5 Annual Payroll: (l)f) ~ I /r;7, 0tJt) I Number of Employees residing in Boynton Beach: z- PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fac;ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: (Jl Painting. . Shutters. . Signage (located on the building or the property). . Awnings/canopies. " Doors/windows. . Landscaping around the building. , Irrigation. . Parking lot re-paving, re-sealing, re-striping. , Exterior Lighting. . Patio or decks connected to the building. \9 Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 5 MaxImum Grant amounts The CRA will provide, on a reimbursement basis a dollar for dollar matching grant for eligible facade imorovements UP to a lOtal of fifteen thousand dollars ($15 000 00 ~ of CR;:' lu 6. The Facade Grant program will honor expenditures comp!eteo UP to 90 days U1I01 to application, improvements underway anc proposed Improvements 7. The Facade Grant program may only be used one time III any three year penod fur anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th) 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the eRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. b. c. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire scope of work is completed, Applicant provides "After" photos APPLICATION PROCESS AI. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property, In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fac;:ade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4 PROJECT IhlFORMA TION Describe Improvements to be done to the prooerr\ Attach the following items Project work write-up(s) describing In detail tne scope of the project. Plans or sketches if applicable, Site plan and plant list for landscape proJecT:' ~ Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay tor the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · i\nd material specifications. Applicable documents must be attached for the Application to be processed. By signing thiS Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content ---:.J;~/r'-j ~ess () t;- 3-(')9/ (Date) (Property owner's signature must be notarized) ) J Y-S--oor (Date) ('~ -..- (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared personally known to me\or produced ...--- --- fDwYAJ plJ j.f)/J I ,~iS as identification. and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this fiji-I-{ f;CCMt;/. Jay of /tPt,).. ,200!{ 3 NOTARY PUBLIC o~ UJuJ4. My Commission Expires: 1-; 3- ';;01 ~ ~~ CONSUELO WINDHAM ..:u.t~ MY COMMISSION 1/ DD816985 ~ ~ EXPIRES: SepIemboI- 13,2012 ~ l-lJOO.l.NOTARY Fl.N-"~lAuoc.Co. 6 1~~<tY~T8WI . Ii East Side-West Side-Seaside Renaissance 2008/2009 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fayade for three years, commencing at the time final inspection by the eRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The eRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required, Those minimum eRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the eRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fayade improvement project within six (6) months of the grant award. Failure to complete the fa9ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity, The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1, This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the eRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor. materials, related fees and permits, and (3) the Appfication for re- imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos, 3. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the eRA Board at its next month's meeting. Reimbursement shall be issued fifteen (15) days after approval. 4, Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the eRA. 5. Grantees may not submit fac;ade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the eRA, City, Palm Beach County or the State of Florida. The Faf;8de Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fac;ade Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per eRA budget year (October 1st to September 30th). . 6. Grante shall grant the eRA and/or the City of Boynton Beach the rights and use 0 'ph tos and project application materia 1-- 7 ~cr (Date) ~t Tenant! sines&' Owner ~Y-7-01 (Date) eRA Director (Date) 2 ,~) ~) I ~)1 I I ~ IBe~re --l \ ) (~ ~ ~::, ( , [ ~. \ \ ,./ .,., /~ /~~ "/ :;....-- ,./ .> ,./ l ~ > ,;;..- ::> -.....-....~-~ After I eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Pientka Holdings, LLC d/b/a Palm Beach Eyes of Boynton Beach for program eligible items at the property located at 640 West Boynton Beach Blvd., Boynton Beach, FL 33426. SUMMARY: Pientka Holdings, LLC d/b/a Palm Beach Eyes of Boynton Beach, owner of the property located at 640 West Boynton Beach Blvd., Boynton Beach, FL has submitted an application to the CRA's Commercial Facade Improvement Grant Program. The eligible items being presented by the applicant for acceptance under the grant are for the exterior building and perimeter site wall painting; repair of awning; replacement of site poles; replacement of building lights; re-seal/stripe parking area; window repair; irrigation repair and landscaping. Estimated cost for the eligible improvements as presented is $27,441.40 of which the CRA grant would reimburse the owner for 50% of the cost up to a maximum grant of $15,000.00, upon completion of the proposed work. FISCAL IMPACT: A maximum grant award of $15,000.00 from project fund line item: 02-58400- 440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Pientka Holdings, LLC d/b/a Palm Beach Eyes of Boynton Beach for program eligible items at the property located at 640 West Boynton Beach Blvd., Boynton Beach, FL. k ;/ , . . t-W'~ /;/tI7L/ ichael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetingsl4-14-2009 MeetinglComm Facade Grant - Pientka Holdings, LLC.doc f. 30Y~TP..~..... N.:. (~I~.< 3 t r \ . "H '- r ~ East Side-West S<,de-Seas'lde Rena'lssancE 2008/2009 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION n ~: ~> nm:tl;o,. \1old\f\~:f:> I LLC___ ~~~:~s of Property Co9o (Q Eos\v'~QW D \\ 'J ~ City/State: \..--Cl\f\~ \ rL________________ Zip Code:_33~ Phone # Day: ~\ ~O\ - Cj(gqCjCcell)Evening: ,SCo I 43'6- \ \qLf-___ Name of Property Owner: It {w\ Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): '~\e.n*~ \-\D\d \~S " LLC, '. . ___ ~)'\e5 ~\Q...\lWo.. ) ~. m6c ) \(0-% \pell M Viex')f-ko.) (\\3- /vt~~r If Different from Property Owner Name of Business: d '100.. ~ R \ M 3eac\o t.jes. o~' b~(\-\-on BQQGh __u Address of Business: (Q4D \t\Kst ~f)-\tx, '~ b\ \jd. ' City/State: ~~()~ ~.QQch \ FL __ Zip Code: ..334 2 Gz Phone # Day: 5(P\ 73'2-80~B Evening: 5Co\ GO\ ._q~qq Type of Business: QnD:f)e1 f' i (., J,Dh~s i c... iO-I\ a..nj. Opt i Co..J s.,^,,-&-~ Years of Operation: I \. Number of Employees: tG Annual Payroll: # 2.45~ -'jy ~ -~ Number of Employees residing in Boynton Beach: i PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent. and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1, The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fayade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting. . Shutters. . Signage (located on the building or the property). . Awnings/canopies. . Doors/windows. . Landscaping around the building. . Irrigation. . Parking lot re-paving, re-sealing, re-striping. . Exterior Lighting. . Patio or decks connected to the building. . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). . ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 5. Maximum Grant amounts The eRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fa<;ade improvementr: up to a total of fifteen thousand dollars ($15,00000) of CRA funds. 6 The Fa<;ade Grant program will nonor expenditures completed up to 90 days prior to application Improvements underway and proposed improvements. 7 The Fa<;ade Grant program may only be used one time in any three year period for anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th) 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the CRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire scope of work is completed. Applicant provides "After" photos. b. c. APPLICATION PROCESS 1, An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561 ~737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fa9ade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4 PROJECT INFORMA TIOI\ Describe improvements to be done to the property. Attach the following Item~: . Project work write-up(s) describing in detail the scope of the prolec . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors . Estimated time line, . Evidence of financial ability to pay for the project (approved loan. cash account, line of credit, etc.), . A minimum of four (4) 3" x 5' color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable. . Project color chips / material samples if applicable, . And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have neived and read a copy of the Program Agreement, and I understand and agree to co Iy wilh its content I ' ! I } \ IJ' I! J / 'I \,) ,I' -- r 'i1'h (Date) Tena , 7 tft (Date) ~/ ""-"_ Witne.ss ~--- ~'----. CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME. an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~Vl4 Jludi- ) who is personallv known to me or produced - as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1 ~ day of ~l ,2ocfL. NOTARY PUBLIC tl1.~ 0- .10-- My Commission Expires: 11- 7-" II - -------- . cHARiiY..sNyDER..........: ~\'\1.fUJ'", . .; l~\.l\YP~ Comm# 000732282 S l r di} Expires 11m2011 i .~ ~\\\~ Florid N fa : 'J..................... a 0 ry Assn.. 'nc : .................. .....i 6 ~()Yf~~~\()~ C t\l- East 5i08<' VVest S',de#uSeas',de Rena'!ssC! 1-' ~ 2008/2009 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fac;ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fac;ade improvement project within six (6) months of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with 6. "release of lien" signed by each. Proposals for "work to be completed" or "bids' are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts. labor, materials, related fees and permits, and (3) the Application for re- imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued fifteen (15) days after approval. 4. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 5. Grantees may not submit fayade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fayade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fayade Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th). ach the rights and (Date) CRA Director 2 ~ J ,. , ( (' ( \ :,,\L~: )O\. !\i[lilf 'i'ufflc EXTERIOR FINISHES LEGEND COLOR DESIGNATION PT.1 BEHR ' 720C,' While Truffle PT.2 BEHR ,340C,3 Ptsmo Dunes PT.3 BEHR ,2800," MullingSplC' PT.4 GLIDDEN -43Y'Y n , Nalure'sWhisper PT.5 ! EXISTING USE ELECTROSTATIC PAINT j:"OR ,d,li. MET 6: SIIRFAC~' -:~ARKS ~-- I TRIMS -- 'II I MAIN WAllS -I Perez Design FINISH D SMOOTH STUCCO FINISH SMOOTH STUCCO FINISH SMOOTH STUCCO FINISH WAllS IN THETOWERS ',-Il,rl'Clur,' t "J L<" UCSHjl1 tn(_( It!l! '~, II BRICK STONE I STONE WAll BASE 4205 West Atlantic Avenue Suite 304 Oelray Beach, FL 33445 'JOICE. 561.279.2006 FAX: 55';'7" WI/iIW .perezarchitects .com AA002886 FABRIC ! CANVAS AWNINGS ~F^l "'" fVI<<1I',e: PH ~ lC1l'a~1Ell Pf.l ~=- -~ "'."" ~ ........."...:nm~ 1ir.~~ItWt':~ -,~- .~ -0- -0- ""- ~""4~- ~- PT_' kl / '''''a~nll. ~ ~-- "'-lD" 1'1-2--....., ~PT.-;: . I ~ "--.. / PT! (3) _____/ ~"" ~ lW/J'Ull:atO....: PT, ~ 'OP,,","~~ 9 00000 0 0 DO ~ ~ PT. ELEVATION #1 (EAST) ffi 1/.... = 1'.0*' 4\ /--0 \0 ~p,"~ '. ~rn_,\ o ICJ""AU ,.. ... PH m,ATU """" PT. '9 " (3) ,@ ) ("" \. (3) SW 7' O. 6 f,r '0 ELEVATION #2 (NORTH) t!iJ 1/4- :: ,'.0" IORFINI PT.' PT. PT. PT. PT_' PT-' PH ~ LEGEND _.- -- ::: KtlHll1I ...~ ==,'IIPlI KEY C.o.$lfOAll.ClOWll :It"l.JTPAaC.l\1I 5MlJOft!5T1K<O D~tl8l'S"Tl\.EROOI'm:; SfGN=r ~::r~GAEENI4nllT"'WHI"'!> .uall:b~' 5T\1ta1IAND ROU-.tROOOil ~'PT-' ~, -- L PT, - I 1m,,, i"n", '1IId .. L 1Ji-- - "3 :: D Perez Design .~~~.~ Ih(Qfpor~led _IW.:;:;::_.. "'''''.",,''fLDOU ,<>c' '~~~';;~7:*'F~""'" -~=~ --::::.'G1H Uti PERMIT BET ut''::St~~... 15 C/)J:: (I) c..> >-CO W(I) J::1Il c..> c CO 0 (I).... 1Il~ E 0 -co CO 0_ r A300 SEAL ___a - u: .c: lJ <1lC) ~~ ~~ ~ID S~ o)~ E!6 ID", ~~ ~~ $~ z (") (") <0 Exterior Elevations ~~ i ~ a [fj~ IIdl-i o ~ u; ~ lE i N ,.. I.:! ~. lif;I' -g: i ~ "I ---1 ,~ "'i~ -.ot. ~i: !I. t.'" ~.O~,' l ~lii ~ III 0_ :'~ OU!Pl!n8 8W8J)1/ids!J>1 V>iv !:J 'pe88 UOll.lIlog 's.nU8^\;I1SI iW,i L1888g uOlUAog J.O S8A3 Lpe8g Wled i' iii ~ t;;, I" ""' II! ~, \2 .;- I: *1 I Zi_ 01 II ~r II (;';1: II II uji. I: I! II III III ~ ~! ~ i .,i:: iiai ~~ '\. i :1 i J( - q 'I 'I iJ !i :1 I t 'I i ., i 1 --I , i' II il 1\ "'- ,-, I if ! ii . 'I 'l' " .. c ", llll . ~ l ep!-,ol:l '4oeea u01U,{Oa i " C'i uii. H pJe^elnoa lpeea UOIU,{Oa . ~ .~~ 1I 5' l5- C 0 t1l 0)5 II' h! m !1}15 m IU ii: 0 a" Iii It: ~ ::~ I LJ~ea8 UOlUA08 JO ~ '<'""" N . Jill! <( l!? ..1,' h~ en '0) I !ilf II saA3 LJ~ea8 Wled !Ii c.. ! ~! It "",n.. I 3/l'rJ'MiJ.S1'Q4IM I I I I ~(b I I I I . I ~ s I L I (~ i ~ js " i ~ 0 I @ i II ! . I " ! ui = Ii ! 'l! jI tll I~ I "~i Ii I : In I! I ~ I II!~! ~ ., .~ ~ "j 11;"0 I I i J l I I I 1 l____ ~ _ _ _ i __ _____ ___ _ ___ - ---- --- - - - __.-J f" 1~~qY~T8~ C . East Side-West S'lde-Seaside Rena'lssance eRA BOARD MEETING OF: April 14, 2009 I x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: MontWy 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: $8,228.94 - PO#685 - Budget Line Item: 01-51630-209 $17,550.00 - PO#686 - Budget Line Item: 01-51420-200 $9,300.00 - PO#687 - Budget Line Item: 01-51420-200 CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve the written report to the CRA Board of procurement purchase orders under $25,000 for the month of March 2009. S~~JICWVj Susan Harris / Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetlnglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglPurchases Less Than $25,000.doc Boynton Beach eRA Approved Requests for Procurement Purchase Orders Under $25,000 Month: March 2009 ,""". _~.__"_.,.,.._,__ __~.,. ~.",,_.."'. ,_,.___~... .~~~,.._,~__~~_~~.4"'_" ,., 11.. Vendor Petroleum and Construction Servlce~ Amount $8,228.94 Description Marina Repair - Repair of fuel/pressure leak in gasoline pump supply hose Funding Source General Fund 02-51630-209 i I --1 2. Vendor PMG Associates, Inc Amount $17,550.00 Description TIF Projection and Database: Analysis and Projection of TIF Revenue for Five Year Period Funding Source General Fund 01-51420-200 3. Vendor LDG Florida Architects, Inc Amount $9,300.00 Description Review, compilation and analyzation of guidelines, value and format of a Green Incentive Program Funding Source General Fund 02-51420-200 .------ ~~ "'~ ~<tY~T2~C R/~ ~, East Side~WestSide-Seaside Renaissance Boynton Beach Community Redevelopment Agency 916 South Federal Highway Boynton Beach FL 33435-5612 PURCHASE ORDER PO Number: 000685 Date~ 03/16/2009 Request # : 000687 Venctor' f:: 01-0654 ISSUED TO: PETROLEUM & CONSTRUCTION 1330 S ANDREWS AVE POMPANO BEACH. FL 33069 SERV SHIP TO' BOYNTON BEACH CE;'_ '915 SOUTH FEDERAL attn: HARRI.= BOYNTON BEACH FL HWY 33435 IlEM 1 UNITS DESCRIP1l0N PRICE 0.00 AMOUNT 8,228.94 0.00 MARINA REPAIR 01 -51630-209 REPAIR OF FUEL/PRESSURE LEAK IN GASOLINE PUMP SUPPLY HOSE -> TOTAL 8,228.94 03/16/2009 DATE TOTAL TAX TAX EXEMPT TOTAL 0.00 03/16/2009 DATE 1. Original invoice plus one copy must be sent to BO)flton Beach CRA, Accounts PlI)IIble Dept, lH5South FedtnI HIg/IwIt! BO)flton Beach, FL 33435-5612. 2. P8)fIl8I\t maybe expected Nthln 30 dll)S 01 receipt of goods, unless otherv.lse stated. 3. C.O.D. shipment wn not be accepted. , 4 r -!lase OnIer numbers must 8PP8W on all shipping containers, packing slips and invoices. Failure to complywth the above request maydeJayp8)fllent. , ods are to be shipped F.O.B. Destination unless otherv.lse stated. Jlerlals IlIId services lIf8 subja to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted wthout approval o. the Requesting Department. Material not approved wll be returned at no cost to the CIt}' 7. All goods and equipment must meet or exceed all nec:essaryclt)\ state and federal standards and regulations. 8. Vendor or manufacturer bears risk of loss or damage until propertyrec:eived anti/or installed. 9. Seller acknowedges that bu)Olf is an equal opportunitYenlplo)Olf. Seller....' complywth all equal oppertunltylaws and regulations that are applicable to it as a suppfier of the bU)er. Finance Dept, (561) 737-3256 Fax (561) 737-3258 ,,~ ~qY~T2~ (- Rl\ ill' f.. .' . \, Pco,,,,,,'" Boynton Beach Community Redevelopment AgenC' 915 South Federal Highway Boynton Beach FL 33435-5612 PURCHASE ORDER PO Numbe: Request t; '1 .-. PHG ASSOCIATES, INC. 4171 WEST HILLSBORO BOULEVApr SUITE 8 COCONUT CREEK, FL 33073 ISSUED TO: ITEM UNITS 0.00 Date: Vendor # ; i) J SHIP TO, B YNTON BEACH CRA . ~ SOUTH FEDERAL o.Ltn: HARRIS E:' 'YNTON BEACH FL HWY DESCRIPllON TIF PROJECTION & DATABAS 01 51420.200 ANALYSIS AND PROJECTION OF TIF REVENUE FOR FIVE YEAR PERIOD. SCOPE OF SERVICES: - RESEARCH, ANALYSIS, DOCUMENT PREPAMTIOI'JJF TIF REVENUE -VALIDATE TIF REVENUE TO BE GENERATED BY SOUTHERN BOUNDARY AMENDMENT PROPERTIES INCLUDING BASE YEAR DOCUMENTATION - SEGREGATE PROPERTIES UNDER DIFA AGREEMENTS AND PROJECT TIF REVENUE AS WELL AS CRA FINANCIAL OBLIGATION FOR BUDGETING AND PAYMENT PURPOSES . DEVELOP COMPREHENSIVE DATABASE, INCLUDING BASE YEAR VALUATIONS FOR YEAR-OVER-YEAR ANALYSES AND TRACKING OF PROPERTIES VALUATIONS COLLABORATE WITH CM STAFF RE AGENCY FINANCIAL OBLIGATIONS AND ELEMENTS NECESSARY FOR FORECAST AND DATABASE MODELING INTERFACE WITH PROPERTY APPMISERS OFFICE 03/26/2009 DATE 03/26/2009 DATE J343~ PRICE AMOUNT ~ 00 o 00 17 r:.'i0 TOTAL ---'--"j 7 S50.0 TOTAL TAX TAX EXEMPT -"1 TOTAL 0.0 1. Original invoice plus one copymust be sent to Bo~ton Beach CRA, Accounts Pa)8ble Dept, 915 South FedeW HlghlMlll Bo~ton Beach, FL 33435-5612. 2. P3)ment maybe expected Wthin 30 days of reeeipt of goods, unless otherv.ise stated. 3. C.O.D. shipment v.ill not be accepted. 4. Purchase Order numbers must appear on all shipping containers, pacldng sUps and invoices. Failure to complyv.ilh the above request maydelaypil)f1lent. 5. All goods are to be shipped F.O.B. Destination unless othenr.ise stated. 6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not pennitted v.ithout approval of the Requesting Dapartment. Material not approved ...'1 be retumed at no cost to the City. 7. All goods and equipment must meet or exceed all necessaryc:ity, state and federal standards and regulations. 8. Vendor or manufacturer bears risk of loss or damage until propertyrecelved andlor installed. 9. Seller aclmovAedges that bu)<ll' is an equal opportunityemplo)<ll'. Seller v.in complyWth an equal oppertunitylaws and regulations that are appUcable to it as a supplier of the bUl"r. Finance Dept. (561) 737-3256 Fax (561) 737-3258 ~~~qY~T8~~CRA ~ East Side~WestSlde~Seaside Renaissance Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach FL 33435.5612 PURCHASE ORDER SHIP TO' BOYNTON BEACH CRA '915 SOUTH FEDERAL HWY attn: HARRIS BOYNTON BEACH, FL 3343= PO Number: 000687 Request # : 000689 ISSUED TO: LDG FLORIDA ARCHITECTS, 1005 LAKE AVENUE LAKE WORTH, FL 33460 INC. IlEM UNITS 1 0.00 2 0.00 3 0.00 4 0.00 DESCRIP1l0N GREEN INCENTIVE 01 -51420-200 GREEN INCENTIVE 01 -51420-200 GREEN INCENTIVE 01 -51420-200 GREEN INCENTIVE 01 -51420-200 - REVIEW GUIDELINES FOR INCENTIVE OPTION - REVIEW CHECKLIST TO DETERMINE POTENTIAL EXTENT OF INCENTIVES -ANALYZE VALUES OF INCENTIVE AND CREATE MEANS AND METHODS THAT A PROJECT CAN QUALIFY FOR SOME LEVEL OF A "GREENCENTIVE" -DETERMINE THE FORMAT FOR EACH TYPE OF INCENTIVE - COMPILE GUIDELINES AND REFERENCES FOR THE APPLICANTS AND STAFF 04/08/2009 DATE 04/08/2009 DATE Date: 04/08/2009 Vendor # : 01-0763 PRICE AMOUNT 0.00 0.00 0.00 0.00 2,500.00 2,500.00 2,500.00 1,800.00 TOTAL 9,300.00 TOTAL TAX TAX EXEMPT TOTAL 0.00 1. Original invoice plus one copy must be sent to Bo)tlton Beach CRA, Accounts PlI)9ble Dept, 915 South Fed_ HighWl}\ Bo)tlton Beach, FL 33435-5612. 2. PlI)fIlent maybe expected IIlithin 30 d8)'S of receIpt of goods, unless othenlise stated. '::.0.0. shIpment wll not be accepted. 'urchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to complywith the above request maydelaypll)fllent. .. All goods are to be shipped F .0.8. Destination unless othenlise stated. 6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions...e not permitted IIlithout approval of the Requesting Department. Material not approved wll be retumed at no cost to the City. 7. All goods and equipment must meet or exceed an neoessarycity, _e and federal standards and regulations. 8. Vendor or manufacturer bears risk of loss or damage untU propertyreoelved and/or Installed. 9. Seller acknov.ledges that bu)llll' is an equal opportunltyemplo)llll'. Seller wll complywith all equal oppertunitylaws and regulations that are applicable to It as a supplier of the buyer_ Finance Dept, (561) 737-3256 Fax (561) 737-3258 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 fbr 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 seNe on the Board. Opportunities for eRA participation were always in addition to the membership and cbrresponded 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 j - ,)~- ~,', ~-, .~.\ { " ~~~~Y~T2~lC RA iIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14, 2009 x I Consent Agenda I Old Business New Business Public Hearing I I Other SUBJECT: Distribution of media coverage. SUMMARY: The CRA Marketing Department periodically distributes national and local print articles, or television links, to the CRA board, staff, City Commission, and members of the Chamber of Commerce, through emails.This distribution process, established prior to August 2005, is part of the CRA's internal communications efforts trying to respond to busy people, some of whom might not have time to read the newspaper. NOTE: Preceding 2005, copies of stories were faxed vs emailed. The criteria for determining what local, county and national stories are forwarded is based on their relevancy to Boynton Beach, either directly or indirectly, and how the City/CRA conducts business. Examples of stories recently distributed are included in your Board packet: *February 4: CBS local affiliate WPEC/ Channel 12, "Boynton Beach Askingfor Federal Fundsfor Marina Project. " * April 4: Palm Beach Post, "Overdue face-lift to start at Boynton Inlet" * April 5: Sun-Sentinel, "Boynton Beach to hold hearing on raising water rates" FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: None ~?5gt~t- Margee Walsh Marketing and Communications Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Media coverage.doc lL> Walsh, Marge€ From: Walsh, MargeE Sent: Wednesday. April 08.20093:38 PM To: Bright, liSe Cc: Taylor, Jerry Hay. Woodrow; 'jreguez@aolcom'; Ross, Marlene; Weilana Ronald Jim Cherof Subject: RE Media CoveragE lisa. Will do. Margee Walsh CRA Marketing and Communications Director 0(561) 737-3256, ext. 204 C (561) 685-8883 wwwboyntonbeachcra corn From: Bright, Lisa Sent: Wednesday, April 08, 2009 3:37 PM To: Walsh, Margee Cc: Taylor, Jerry; Hay, Woodrow; jreguez@aol.com; Ross, Marlene; Weiland, Ronald; Jim Cheraf Subject: FW: Media Coverage Margee, This is a repeat request that was made in late summer 2007 Please pull the 2007 information and prepare an agenda item for the Board for next week's meeting Thanks Lisa From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Wednesday, April 08, 2009 3:31 PM To: Bright, Lisa Subject: Re: Media Coverage I understand, but I need to understand the eRA's critiria for sending these things out. Best. Jose -----Original Message----- From: Bright, Lisa <BrightL@bbfl.us> To: jreguez@ao1.com Cc: Cherof, James <CherofJ@bbfl.us>; Bressner, Kurt <BressnerK@bbfl.us>; Segal, Wayne <SegalW@bbfl.us>; Walsh, Margee <AdelspergerM@bbfl.us>: Taylor, Jerry <TaylorJ@bbfl.us>; Hay. Woodrow <hayw@bbfl.us>; Ross, Marlene <RossM@bbfl.us>: Weiland, Ronald <WeilandR(@bbfl.us. Sent: Wed, 8 Apr 20093:25 pm Page 2 of3 Subject: RE: Media Coverage Jose, A few months ago I requested Margee to no longer send media coverage out that is City related As public information officer to the City, we understand Wayne Segal is the appropriate person to handle this for the City Commission and City Manager. I recall Margee and Wayne emailing regarding the distribution to not duplicate services. Your email has reminded us to follow proper protocol and I hope you understand Margee's intent was to only be helpful. Lisa From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Wednesday, April 08,20093:09 PM To: Bright, Lisa Cc: Cheraf, James Subject: Re: Media Coverage < /div> I'd like to understand the criteria that is used for sending out Media Coverage emails. Please place the subject of "Media Coverage" as an agenda item for discussion. Jose Rodriguez -----Original Message----- Prom: Rodriguez, Jose <RodriguczJ@bbfl.llS> To: jreguez(lliaol.com Sent: Wed, 8 Apr 20092:57 pm Subject: PW: Media Coverage !Attached Message From: Walsh, Margee <AdelspergerM@bbflus> To: Taylor, Jerry <TaylorJ@bbfl.us>; Hay, Woodrow <hayw@bbflus>; Weiland, Ronald <WeilandR@bbflus>; Rodriguez, Jose <RodriguezJ@bbfl.us>; Ross, Marlene <RossM@bbfl.us> Cc: Biscuiti, Kathy <BisGuitiK@bbfl.us>; Bright, Lisa <BrightL@bbfl.us>; Brooks, Vivian <BrooksVi@bbfl.us>; Buckley, Ashley <BuckleyA@bbfl.us>; Harris, Susan <HarrisSu@bbfl.us>; Majoy, April <MajoyA@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; Villanueva, Ghishlane <VillanuevaG@bbfl.us> Subject: Media Coverage Date: Wed, 8 Apr 200914:57:18 -0400 Proposed Boynton Beach water rate increase advances Customers' bills could go up 26-44 percent, utilities director says By Erika P~santes South Florida Sun-Sentinel f.\D(!! j Boynton Beach - Commissioners voted Tuesday to move forward with an increase in water rates for the city's 96,000 customers. The vote was unanimous, with Commissioner Jose Rodriguez absent from the meeting. A final public hearing for increases in the potable and wastewater rates will be April 21. Customers in the city, unincorporated areas to the west and parts of Hypoluxo, Briny Breezes and Ocean Ridge would be affected. Households outside the city pay higher rates. Customers could see the bulk of the increase in the proposed base rates, which could more than double with the proposed hike, and are a fixed revenue stream for the city not tied to dwindling water consumption. Water restrictions have choked revenue in the city's utility fund. 4/8/2009 dL: :'1~UnlptIOI1 rates willll1crease to a lesser degree ;o( Utilities Director Kofi Boateng said overall water bills could go up 26 percent to 44 percer- An average household using 5,000 gallons could see a 33 percent jump, he said In other business, Commissioner Woodrow Hay was sworn in as the new vice mayor. Ha\ also a minister at S1. John Missionary Baptist Church was elected to the City Commissior In November 2007 and is replacing Rodrigue~ Rodriguez's title reverts to commissioner. He haa served as vice mayor for the past two years. Erika Pesantes can be reached at epesantes@SUI1Sf"ltine! con: or 561-243-6602 Margee Walsh CRA Marketing and Communications Director o (561) 737-3256, ext 204 C (561) 685-8883 wwwboyntonbeachcra com New Deals on Dell Netbooks - Now starting at $299 New Deals on Dell Netbooks - Now starting at $299 A 10 l"rlrI() Page 1 of 4 Adelsperger, Margee From: Bright, Lisa Wednesday, August 08, 2007 5:02 PM Adelsperger, Margee; Biscuiti, Kathy; Brooks, Vivian; Buckley, Ashley; Harris, Susan; Simon, Michael; Wiser, Alina; Zitcer, Phyllis Subject: FW: Media Coverage Sent: To: Tyl From: Bright, Lisa Sent: Wednesday, August 08,20074:59 PM To: 'jreguez@aol.com' Cc: Taylor, Jerry; McCray, Mack; McKoy, Carl; Weiland, Ronald; Bressner, Kurt Subject: FW: Media Coverage Jose, Thanks very much for your email and it is very unfortunate that Palm Beach County made the headlines in such an unfavorable light. As Margee notes in her response, emailing press clips was a process established, approximately two years ago, as a means of keeping the CRA board, staff, City Commission, members of City staff and Chamber of Commerce updated on current events and headlines, including, but not limited to articles of interest covering Boynton Beach. (Prior to that we faxed over hard copies) To date we have over 1,000 articles filed on our T-Drive with topics ranging from Federal/State /Iocal government issues to anti-gang efforts in Miami. Forwarding information on the FBI establishing a full-time corruption team in Palm Beach County seemed exceptionally pertinent and appropriate based on the CRA's previous dealings with former Commissioners Warren Newell and Ray Liberti; · Please know from 2005 to 2006, I met with former Commissioner Newell on several occasions to ensure that the CRA would receive its promised $2.0 million from the County's $50 million Waterway Bond. The Commissioner's office encouraged CRA staff to pursue additional bond funds to offset the CRA's $3.5 million purchase of the adjacent 7,000 square foot parcel, public parking and fuel docks. Last December, Mayor Taylor and I approached Warren in a final attempt at securing $570,000 to cover the fuel dock cost. But he had already promised the lion's share of the monies to Palm Beach Yacht Center claiming no other working marina needed the money. That was not the case and the CRA tried diligently to get these monies for Boynton Beach. · In Spring 2006, former Commissioner Ray Liberti served as a consultant for InTown Partners and attended several City/CRA meetings. My role was to work with him on the data collection for a City Commission initiated request. The City Commission wanted to issue a development agreement with InTown Partners for Phase II and Phase III of the MLK Corridor area. Shortly thereafter he was arrested. At our next CRA meeting, we will look for direction from the Board on initiating a new process for staff's selection of electronic press clippings. Margee's idea of limiting the media updates specifically to Boynton Beach may be something for the Board to consider when discussing the matter. In closing, my focus has been to execute the CRA' s efforts in guiding Boynton Beach with quality growth, beautifying the downtown and the district, expanding homeownership opportunities, creating jobs and strengthening the local economy. I will continue to be committed to agency directives and moving the City forward. Best Regards, 8/8/2007 j I"'d From: Adelsperger, Margee Sent: Wednesday, August 08, 2007 11:55 Arv To: Bright, Lisa Subject: RE: Media Coverage Lisa, Our approach to these informal email media updates has been to forward items that generally relate to Boynton Beach in a broad sense. These updates are a process we created as part of our internal communications efforts trying to respond to busy people, some of whom might not have seen the newspaper. Updates on Palm Beach County, specifically the Commission, have in the past seemed to fit into that picture since, for certain issues, they have a significant effect on how our City does business. This particular article appeared to fit in the positive sense that a definitive and final process has been started, the result of which should leave the County in a strong and positive position to move forward. I do, however see the Vice Mayor's point, and will keep media updates confined to specific Boynton Beach references, or to articles about PB Commission or surrounding cities where Boynton Beach may have a more direct interest in the news. Thanks and I look forward to your feedback, Margee Adelsperger ~:RA l\Aarkeiing and Communications Directo( (I (561) 737-3256 ext 204 ,: (561) 685-8883 www.bovntonbecchcro.com From: Bright, Lisa Sent: Wednesday, August 08,2007 11:22 AM To: Adelsperger, Margee Subject: FW: Media Coverage Margee, Would you please explain the agency's premise for our media coverage plan? Thanks, Lisa From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Wednesday, August 08,200710:19 AM To: Bright, Lisa Subject: Re: Media Coverage Lisa. Page 3 of 4 I'm not sure why the article on FBI putting corruption team in Palm Beach County was an attachment to your daily media coverage emails. Certainly there is no mention of Boynton Beach in the article and therefore I would not considered it media coverage. As the Executive Director of the CRA, I'm in hopes that you are in support of moving forward for the better of this city and not continue to perpetuate accusations and innuendoes. Thanks in advance for your support. Kind Regards. Jose Rodriguez, Vice Mayor City of Boynton Beach Vice Chair CRA -----Original Message----- From: Rodriguez, Jose <RodriguezJ@ci.boynton-beach.fl.us> To: jreguez@aol.com Sent: Wed, 8 Aug 2007 9: 17 am Subject: FW: Media Coverage Attached'Message Cc: Adelsperger, Margee <AdelspergerM@cLboynton-beach.fl.us> McCray, Mack <McCrayM@cLboynton-beach.fl.us>; McKoy, Carl <McKoyC@cLboynton-beach.fl.us>; Rodriguez, Jose <RodriguezJ@cLboynton-beach.fl.us>; Taylor, Jerry <TaylorJ@ci.boynton-beach.fl.us>; Weiland, Ronald <WeilandR@cLboynton-beach.fl.us>; Bressner, Kurt <BressnerK@cLboynton-beach.fl.us>; Coles-Dobay, Debby <ColesDobayD@cLboynton-beach.fl.us>; LeJeune, Carisse <LeJeuneC@cLboynton-beach.fl.us>; Prainito, Janet <PrainitoJ@cLboynton-beach.fl.us>; Segal, Wayne <SegaIW@cLboynton-beach.fl.us> Stan Brown <stan@ambitmarketing.com>; Kathy Koch <kathy@ambitmarketing.com>; Stu Opperman <stu@ambitmarketing.com>; Lacey Wootton <Iacey@ambitmarketing.com>; Enid Silberstein <enid@boyntonbeach.org>; Coles-Dobay, Debby <ColesDobayD@cLboynton-beach.fl.us>; Biscuiti, Kathy <BiscuitiK@cLboynton-beach.fl.us>; Bright, Lisa <BrightL@cLboynton-beach.fl.us>; Brooks, Vivian <BrooksVi@ci.boynton-beach.fl.us>; Buckley, Ashley <BuckleyA@ci.boynton-beach.fl.us>; Harris, Susan <HarrisSu@cLboynton-beach.fl.us>; Simon, Michael <SimonM@cLboynton-beach.fl.us>; Wiser, Alina <WiserA@cLboynton-beach.fl.us>; Zitcer, Phyllis <ZitcerP@cLboynton-beach.f1.us> Media Coverage Wed, 8 Aug 2007 09:17:37 -0400 From: To: Subject: Date: Boynton commissioner presses concern about disbanding of eRA boa rd By Erika Pesantes South Florida Sun-Sentinel l\f.i{/U,~i Boynton Beach Commissioner Mack McCray rattled off 17 questions and outlined Tuesday what he called a "scheme" by his colleagues to illegally replace the Community Redevelopment Agency board with themselves His concerns about the June disbanding of the seven-member board filled two pages. "I need answers," McCray said. He and Commissioner Carl McKoy voted against disbanding the board. Seven weeks later, McCray still had questions and McKoy wanted to get the Attorney General's Office to give an opinion on whether the commissioners voted legally to replace the volunteers. But Vice Mayor Jose Rodriguez said it was time to move on "We can keep hashing this out over and over again and we will never move forward as a community, as a city," Rodriguez said. "This is ridiculous to keep talking about this at every single meeting." McCray passed his list to Police Chief Matt Immler. Among the questions: Who requested City Attorney Jim Cheraf to prepare the 8/8/2007 esolutlon prior to a vote Delng takel1 ' :0 tell them it was a "done deal" ,a '. n 1~~~llt-~'er antiCipate trl€ outCor'v' " tn~- !mmler said he would submit the document rc thPSlatE-' p,nnrney s Office today ~ol1lmissloner Ron Weiland on June 15 requestec :lldl commissioners dlSClISS transfemng authority ~,f the CRA 'I '" to commissioners, with the possibility of aDpOl1111na ?r<)th'~1 v~Jllinteer baarr! . ~II' 'ire\-' Commissioners had already threatenea to remove tfle boara tWice prior to the dlsbandll1g They were especially dlspleaseo Will t> < agency's handling of negotiations with develoner In''-IlVn Partners 'NhlCh was to revitalize the Martin Luther King. if 8nulevarrlc "0' impoverished Heart of Boynton C'Jn June 19 commissioners dissolved the boara 2W e!oted 3 2 to rnake themselves the replacement board Cherof maintained Tuesday that the boaro was reo:<"ced accor,11119 to state law and that he had simply prepared the rpSOIlJi:r'r (', meeting as he does regularly The Florida Department of Law Enforcement is already investigating a "pay to play" allegation against Weiland Intown Partners cia,,,,,. Weiland asked for payment for a third party Weiland who was not present during Tuesday's meeting has repeatedly denied the allegation In other busmess. commiSSioners did not act on creation of a board of directors for a nonprofit group that would raise funds for commu"'I\ projects McKoy was concerned about the city's involvement in creating a nonprofit that was supposed to act independently of the E'Ika Pesantes can be reached at epesantesiQ'suil:'f<!1t'n"", or 561-243-6602 Copyright ',~, 2007 "~. ;::'VicJer , ;e {J t! ~:~ MOl"gee Adelsperger CRA MOt'keting and Communications Director' c) (561) 737-3256 ext, 204 C (561) 685-8883 \Nww.boyntonbeachcra.com <hr size=2 width=" 1 00%" align=center> AOL now offers free email to everyone. Find out more about what's free from AOL at AOLfom Q/Qnnr)7 Page 1 of2 Walsh, Margee From: Walsh, Margee Sent: Thursday, February 05, 2009 11 :15 AM To: Taylor, Jerry; Rodriguez, Jose; Weiland, Ronald; Hay, Woodrow; Ross, Marlene; Bressner, Kurt; Cherof, James; DeGiulio, Joseph; LaVerriere, Lori; Lejeune, Carisse; Prainito, Janet; Segal, Wayne Cc: Biscuiti, Kathy; Bright, Lisa; Brooks, Vivian; Buckley, Ashley; Harris, Susan; Simon, Michael; Villanueva, Ghishlane; (genine@ambitmarketing.com); enid silberstein; Glenn Jergensen; Kathy Koch (kathy@ambitmarketing.com); 'maugustin@cityatty.com'; Stan Brown (stanb@am bitmarketing .com) Subject: FOX News Channel 12: Media Coverage Video link: httr;>;UWIIIJW,(:t)~12.com/vid~9Li[ld~ex.Qt}p?bcpid=113713~3291 <S.J~Q!icj=1143~5~274B<bQti~t=JQ148179001 Boynton Beach Asking for Federal Funds for Marina Project CBS 12 February 4, 2009 - 10:49 PM Reporter Althea Paul Cities across the country are trying to get their hands on federal funds for projects. Projects that are supposed to help stimulate the economy. One city right in our area, is on that list. "We could use it. You know. We definitely could use it, especially the way the economy is now," said Ryan Carr, first mate with charter fishing boat, Sea Mist II. Ryan Carr is talking about a boost. The boat he works on runs out of the Boynton Harbor Marina. Carr says this year, they're bringing in about half the people than usual. However, Boynton Beach officials do have a plan to stimulate the area. "The whole point is to have a destination on the waterfront that reminds you of old Florida, so we're pretty excited about the project," saiq executive director with the Boynton Beach Community Redevelopment Agency, Lisa Bright. The $7 million-dollar project includes creating a pedestrian feel, an interactive waterway, and a stage area. It's been in the works since 2006, but revenue loss has put the project on the back burner. "We have the whole plan. It's like we're ready to go, but we don't have the money," said Bright. Now, it's in Congress's hands. Boynton officials hope to get funding from the government's stimulus bill. It's one of some 18,000 projects nationwide, just waiting for money. People who go to the marina often, say the re-development sounds good. "The plan needs to be done. There's a lot of things going on that need help and right now the city does need to do things to help promote what we have here," said Boynton resident, Jim Wrona. And for Carr, who depends on marina traffic, he's also hoping Congress gives the okay. "Just to draw more people. We really could use it," he said. 4/812009 li8 city has also submitted another prolec 2 1(1 Seacrest Boulevard. Right now I' S I 'f\UP'" Margee Walsh CRA Marketing and Communications Directo' 0(561) 737-3256, ext. 204 C (561) 685-8883 www.boyntonbeachcra.com at", ar!(] reconstruction of lVILK. Boule\l,< I'n~-" 1hey'ii qet eln answer from Conqre~; Overdue face-lift to start at Boynton Inlet By DON JORDAN Palm Beach Post Staff Writer Saturday, April 04, 2009 After more than four decades of vacuuming up sandy mush on one side and spewing it out 700 feet south of the other, the sand transfer plant at the Boynton Inlet will be torn down this spring. The demolition will make room for a long-overdue replacement, only the third of its kind since the world's first sand transfer plant was built on the north jetty in 1937. The work is part of a year-and- a-half, $7 million renovation of the Boynton Inlet that begins this month and also includes new surfaces and other repairs on the north and south jetties and a new sea wall along Bird Island, also known as Beer Can Island, at the western mouth of the inlet. ~.:."=,*,-,,...n:-"'" _' 1J f "The structures that are there are just aged," said Dan Bates, -_.,.....::.-.::-.:~':.:'".;:.- . environmental director of the county department of environmental ~:.< ~ ~.;~':~; ..~;'7. ,; -') resources management. "They've held up pretty well, but they've et-" ,'" #I; r:::;,.-~ =:. " reached their limit." ~ r:!. The Boynton Inlet, also known as the South Lake Worth Inlet, was c!:: excavated in the 1920s between the present-day towns of ~ Manalapan and Ocean Ridge to provide better water circulation as the growing population of Lake Worth created more pollution in the Intracoastal Waterway. Because the natural movement of sand in the area is from north to south, sand soon began building up on the north side of the north jetty, and the beach eroded south of the inlet. Property owners and a now-defunct special taxing district called the South Lake Worth Inlet District built the first-ever sand transfer plant at the inlet in 1937. It used a large suction hose and pump to gulp 55 cubic yards of watery sand mixture per hour and squirt it from the north side of the inlet to the south side through a system of pipes. The sand transfer reestablished the beach in less than a year. The original plant was demolished in the 1960s and replaced with a plant built farther out to sea that was larger and could move more sand. It has been used almost continuously ever since. The county approved a $7 million contract with Stuart-based Lucas Marine Construction in February to build the new plant, renovate the jetties and construct the new sea wall. Bates said the jetties, popular with fishermen, will be closed periodically during the construction. l~: Walsh, MargeE From: Walsh, MargeE- Sent: Monday April 06,2009 10:38 AM To: 'Taylor Jerry: Rodriguez, Jose; Weiland, Ronald; Hay, Woodrow Ross Marlene Cc: BISCUltl, Kathy; Bright, Lisa; Brooks, Vivian. Buckley Ashley Hams Susan Majoy. April Simon Michael; Villanueva, Ghishlane Subject: Media Coverage Attachments: Overdue face/ift to begin on Boynton Beach Inlet 040509.doc Boynton Beach to hold hearing on raising water rates By Erika Pesantes I South Florida Sun-Sentinel April showers bring May flowers - and the last of cheaper water bills Starting May 1 Boynton Beach water customers could pay more for drinking water and wastewater service Commissioners will consider the water rate hikes Tuesday and hold a public hearing for the city's 96,000 customers that include residents from unincorporated areas to the west and parts of Hypoluxo Briny Breezes and Ocean Ridge Under the proposal, users will see increases in their base rates and on water volume rates that will help keep the city's utility fund afloat Most of the effect will be in base rates, which will go up 122 percent for potable water consumption for city residents and 37 percent for commercial and residential wastewater rates within the city Water customers outside the city pay more On base rates alone, a city resident can expect to pay $71 more annually for potable water For wastewater rates within the city. customers can expect to pay an additional $54 in a year The rates increase annually through 2013 Officials have focused more of their increases on base rates because those remain unaffected by drought-driven Water restrictions that decrease water consumption and revenue for the city Officials anticipate taking in $43 million in revenues with the rate hike An additional $86 million would be collected in the 2010 budget year. Erika Pesantes can be reached at epesantes@SunSentinel com or 561-243-6602 Margee Walsh CRA Marketing and Communications Director 0(561) 737-3256, ext. 204 C (561) 685-8883 ~'liww.boyntonbeacr]cra corn A /1\ /") 1\1\1\ , ~~l";" / ~""".'.~..'.'" /:....","'"",'< . ~~~<ty~T8~1cRA _ East Side -West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14, 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 March 2009 and District Stats for Months of February and March, 2009. (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: February 2009: · Crimes - 51 · Arrests - 20 · Calls for Service - 1355 March 2009: · Crimes - 71 · Arrests - 14 · Calls for Services - 1594 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, MONTIIL Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4- 14-2009 Meeting\CRA Crime Monthly Stats Apri1.doc MONTH: MARCH 2009 eRA Police Team MONTHLY ACTIVITY REP()RT I l______,._.._.___~. 03/02/2009 . -1 officer attended Cobham Tracking training at Delray Beach PD -Patr~lIed Federal Hwy Corridor in vehicles -Conducted traffic enforcement in the HOB -AssistedRP with calls for service 03/09/1009 , -Attended the CRA Board Meeting - Patrolled Federal Hwy Corridor in vehicles -Conducted traffic enforcement in the HOB -Assisted RP with calls for service -2 officers attended patrol rifle training -2 attended an advanced law enforcement class at PBCC :-Saturation Patrol in HOB and DBD with the assistance ofRP 03/16/1009 -Patrolled Federal Hwy Corridor in vehicles -Conducted traffic enforcement in the HOB -Assisted RP with calls for service -High visibility patrol along MLK Corridor - Issued trespass warnings at EZ Mart - Narcotics arrest at Roberts -Extra Patrols at all City Parks in CRA District i ~ Saturation Patrol in HOB and DBD with the assistance ofRP 03/13/2009 ..Patrolled Federal Hwy Corridor in vehicles ..Conducted traffic enforcement in the HOB -Assisted RP with calls for service '..High visibility Plltrol along MLK Corridor - 2 arr~sts across from EZ Mart - 4 arrests at Roberts ..Extra Patrols at all City Parks in CRA District '..Extra Patrols at Boat Club Park, Seacrest Villas, First Financial Plaza, and Marina Villa e -2 officers attended a community meeting at Carolyn Sims Center -Patrolled the Intracoastal communities, Marina Villa e, Boat Club Park, and Federal H on Bikes .~I'/ L \1\ COIII/'uhulld F!Jlfeilu/'e\ Misdemeanor H-~-- Felony : 1 Citaijons_ ---------____J_____ Warrant Arrests I 1 ~:~sF~::cute_(f ---- +- -- J TOTAL ARRESTS D:LJ Cocaine I. .3 Methamphetamines r-- _ Marijuana __----.-l___ Heroin--T Schedule II Schedule III Schedule IV Guns Cash Vehicles r--- I 1- Boynton Beach Police Department Year-To-Date Crime Comparison Report 2008 1 2009 CRA District MARCH 2009 CRIMES Mar-09 Mar-08 + 1 - Feb-09 + 1- Y-T-O Y-T-O + I. 2009 2008 Criminal Homicide 0 0 0 0 0 0 1 -1 -- Sexual Offense 1 0 1 0 1 3 1 2 Robbery 3 4 -1 4 -1 11 19 -8 Aaaravated Assault 5 9 -4 6 -1 21 17 4 Buralarv 10 8 2 12 -2 39 38 I ',.- Larceny 46 35 11 28 18 107 102 5 Auto theft 6 3 3 1 5 8 18 -10 TOTAL 71 59 12 51 20 189 196 -7 ARRESTS Mar-09 Mar-08 + 1 - Feb-09 + 1- Y-T-O Y-T-O + I.. 2009 2008 Criminal Homicide 0 0 0 0 0 0 1 1 -..- Sexual Offense 0 0 0 0 0 0 1 1 I .'- Robberv 1 3 -2 2 -1 5 9 -4 Aaaravated Assault 1 5 -4 10 -9 14 9 5 Buralarv 1 0 1 2 -1 7 7 0 Larcenv 8 3 5 6 2 22 13 9 Auto theft 3 1 2 0 3 4 1 3 TOTAL 14 12 2 20 -6 52 41 11 ,....",. tN.i ... " . ..: ;'k 7rr~mr ~ 1594 1506 88 1355 239 Y-T-O 2009 4483 Y-T-O 2008 4614 + I - Mar-09 Mar-08 + 1 - Feb-09 + 1 - -131 4/1/2009 " ; r ~.t.,""... ,~ , .".,:<.. ,..;-. . .~~::', ~~~ctY~T2~fCRA iiI East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X Othe:' SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: March 2 - Aprill Agency: 1,656 Trolley: 450 Januarv 30 - March 1 (previous month) Agency: 1,644 Trolley: 462 FISCAL IMPACT: Cost budgeted in 2008/2009 from Project Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only ''- -I! --71}'-&~5F<3t ~ L Margee Walsh Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Monthly Website Stats March,doc sib tel' illl \ls1tors (ioogle AtlalVli '.'i Setlitlg~ Dashboard Visitors Overview Benchmarking Map Overlav New vs Returning Languages Visitor Trending ! -~._.._~-- I 'JI~,Ii. Absolute Unique Visitors Pagevlews Average Pagevlews Time on Site Bounce Rate Visitor Loyalty Browser Capabilities Network Properties User Definecj Traffic Sources Content Goals Custom "" iloeISiV-TGP,PHQV;, i,.,c"n1:on..'Jeach ti us, Settlnq:, I Mv 1-\1 ,lii Ii 'v'iew Report' www DovmonneaChcra com ""'\tHIS Accounts Boynton 8eacl- CI, t>>'Y~~~ 8e-ACt4 CIfA Export :r. 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MarcH 14, 2009 1.69% (28) Settings Advanced Segments Beta Sunday, March 15, 2009 1,69% (28) Monday, March 16, 2009 3.44% (57) Email Tuesday, March 17,2009 4,35% (72 Help Resources About this Report Wednesday, March 18,2009 3,26% (54) Thursday, March 19,2009 3,99% (66) Conversion University Friday, March 20, 2009 4,53% (75) Saturday, March 21,2009 1,81% (30) Common Questions Sunday, March 22,2009 1,27% (21) Monday, March 23, 2009 4.41% (73) Tuesday, March 24, 2009 3,56% (59) Wednesday, March 25, 2009 4,29% (71) Thursday, March 26, 2009 3.02% (50) Friday, March 27,2009 2,84% (47) Saturday, March 28, 2009 1,39% (23) Sunday, March 29, 2009 1,51% (25) Monday, March 30, 2009 4,23% (70) Tuesday, March 31,2009 3.20% (53) Wednesday, April 1 ,2009 2,72% (45) @ 2009 Google I Analytics Home I Terms of Service I Privacy Policy I Contact us I Analytics Blog (in English) https:/ /www.google.comlanalytics/reportinglvisits?id=45286 79&pdr=20090302- 20090401 ... 4/2/2009 >tf::l .jr:. 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' . " ~~~~-~~ \ . ~~<ty~T2~fCRA ill East Side- West Side- Seaside Renaissance eRA BOARD MEETING OF~ Apri114,2009 I Consent Agenda I Old Business New Business Public Hearing I X I Othe SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: March 2 - Aorill Agency: 1,656 Trolley: 450 Januarv 30 - March 1 (previous month) Agency: 1,644 Trolley: 462 FISCAL IMPACT: Cost budgeted in 200812009 from Project Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only .;} /1f~~;F</1t~, L Margee Walsh Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Monthly Website Stats March.doc 'q'''' II'.; illl \ )-;lIor'- (JPogle /\/1()I\> 'n~lIvi.IC" Spttit!g~ Dashboard Visitors Overview BenchmClrkin9 Map Overlav New vs Returning Languages ViSitor Trending \/ISi(,,: Absolute Unique Visitors Pageviews Average Pagevlews Time on Site Bounce Rate Visitor Loyalty Browser Capabilities Network Properties User Definecl Traffic Sources Content Goals Custom '< t ~ 80e~~:,(:'(" p/p.'"rr' (9:;~ I>eact! 11 us I Se\tlnll" I "I: . \, lew Report. www oovntonoeacncra corr, "d,lti., '-\ccount!' Boynton Beach C 1-' aoy~,..~ 8e-ACH elf A Export b~ld ./2i 1: t-~d /'- C:F [18shhCJrJrr: i i-' f-\Ii "'1 OVerVii-_::\' Visits for all visitors Mar 2, 2009 - Apr "/, 200- Visit~; Gr<'!:Jt1 b" ""i,\ fr " '-,t , t,,, "~'F ' ~ '-i M."cAlliOG' --.. Ih'cn,' lD:" MJ'th( lJO' Mnh1E 1010 53.42 Visits I Day Monday, March 2, 2009 453% (751 Tuesday, March 3, 2009 (85) 513% Wednesday, March 4, 2009 4.29% (71 ! Thursday, March 5, 2009 380% (63) Friday, March 6, 2009 2.78% (46) Saturday, March 7, 2009 1.63% (27) Sunday, March 8, 2009 163% (27) Monday. March 9, 2009 423% (70: Tuesday, March 10,2009 3.56% (59) Wednesday, March 11, 2009 4.05% (67) I . _ __ _ .......:._ ~ /... .~......~ f-.-,C)~ ..-1-11 C,.., Oh. "if) .1)..._.....1__"1 n.nnf\ ') f)"1 ")(\{\nr\ Ii {\ 1 1 ,'...... ~l' \{),{\ Visits for all visitors - Google Analytics#lts=1238687806358 Page 2 of2 Reporting Bela Thursday, March 12,2009 3,50% (58 Friday, March 13, 2009 3.68% (61 Saturday, March 14,2009 1.69% (28) Settings Advanced Segments Beta Sunday, March 15, 2009 1,69% (28) Monday, March 16,2009 3.44% (57) Email Tuesday, March 17, 2009 4.35% (72 Help Resources About this Report Wednesday, March 18,2009 l 3,26% (54) Thursday, March 19,2009 3.99% (66) Conversion University Friday, March 20, 2009 4.53% (75) Saturday, March 21, 2009 1.81% (30) Common Questions Sunday, March 22, 2009 1.27% (21) Monday, March 23, 2009 4.41% (73) Tuesday, March 24, 2009 3.56% (59) Wednesday, March 25, 2009 4.29% (71) Thursday, March 26, 2009 3.02% (50) Friday, March 27, 2009 2,84% (47) Saturday, March 28, 2009 1.39% (23) Sunday, March 29, 2009 1,51% (25) Monday, March 30, 2009 4.23% (70) Tuesday, March 31,2009 3.20% (53) Wednesday, April 1 , 2009 2.72% (45) @ 2009 Google I Analytics Home I Terms of Service I Privacy Policy I Contact us I Analytics Slog (in English) https:/ /www.google.comlanalytics/reportinglvisits?id=4528679&pdr=20090302-20090401... 4/2/2009 "::-IFt ~'ll Ll~ Dashboard rSL.or: :)\!crvJ(~\, 8encnmarkln9 IVlaD Overlay I\lPW'JS Returnlno languages VIsitor Trendln~J ',/ i ~:; it ;.~ Absolute Unique Visitors Pagevlews Average Pagevlewc, Time on Site Bounce Rate Visitor Loyalty Browser Capabilities Network Properties User Definecl Traffic Sources Content Goals Custom l ,,-;iT i '~,( Illogic Analvtlcs#lts i' ,"" :H.!,~ adelspergerm@; . i"'Cc::' . 'h.~h 1 J ~., ki 'I~:'\" Reports' www.boyntonbeachtmlle\icor' Boynton Beach Trollev BoYN~ eEAC-'" TROLc...E')' Export Ernail t~,()C 1 2:'-',' t I:...I! \/lsi1~ ()\1Rr\,'It:vv' Visits for all visitors hllar 2, 2009 - Apr 'I. 2009 Visit~ (1fHI (:"', t.( /t~ " I'f' . \/" 'f i \ -- .~. l,!~.:h n lD]~ l!l'chS lG~J ~~~'C~ 1f iD0S 'll~'th Jj 2u~ c 14.52 Visits I Day 4.44% (20) Tuesday, March 3, 2009 2.67% (12) Wednesday, March 4 2009 ~, 78% (17\ Thursday, March 5, 2009 4.67% (21 ) Friday, March 6,2009 244% (111 Saturday, March 7, 2009 400% (18) Sunday, March 8, 2009 333% (15) Monday, March 9, 2009 244% (1 Tuesday, March 10, 2009 ,3 78% (1 7 J Wednesday, March 11 2009 2.89% (131 Thursday, March 12,2009 2.89% (13\ 1 ,", -. I Inuun, _~~~1 ~ ~~......I"...." 1"t; r'c/rpnnrtina/\Ti"it<:'?icl=4 'i?R71 1 Rrnrlr=?()()Q(),~(),)_ ')()()Q()L!.() 1 Lln nnno Visits for all visitors - Google Analytics#lts=1238087836905 Page 2 of:! Reporting 8e\d Friday, March 13, 200S 2.89% (13) Saturday, March 14, 2009 1.78%(8) Sunday, March 15. 2009 2.22% (10) Settings Aavanced Segments Beta Monday, March 16, 2009 3.11%(14) Tuesday, March 17, 200S 2.44% (11) Emai Wednesday, March 18, 2009 3.78% (17) Help Resources About this Report Thursday, March 19,2009 2.44% (11) Friday, March 20, 2009 4.44% (20) Conversion University Saturday, March 21,2009 2.44%(11) Sunday, March 22, 2009 0.89% (4) Common Questions Monday, March 23, 2009 2.22% (10) Tuesday, March 24, 2009 4.67% (21) Wednesday, March 25,2009(25) 5.56% Thursday, March 26, 2009 2.89% (13) Friday, March 27,2009 4.67% (21 ) Saturday, March 28, 2009 2,00% (9) Sunday, March 29, 2009 2.22% (10) Monday, March 30, 2009 ',(23) 5.11% Tuesday, March 31, 2009 3.11%(14) Wednesday, April 1, 2009 3.78% (17) @ 2009 Google I Analytics Home I Terms of Service I Privacy Policy I Contact us I Analytics 810g (in English) https://www.google.comlanalytics/reportinglvisits?id=4528711 &pdr=20090302-2009040 1... 4/212009 CRA Complaint aud Comment Log 3/1312009 Phone call to CRA Loel Sholtz Upset because no Westbound trolley showed up at #12 North Route stop. Waited from 5:50 pm - 6:40 pm, no Westbound trolley. There was an Eastbound trolley. Upset about the noise decibel level at Banana Boat and Two Georges. Trolley driver sped up and cut off a driver at the cross section of SW 23rd and Seacrest (Could be SW Route or SE Route). 3/23/2009 Phone call to CRA Janet, Marina Village 3/25/2009 Phone call to CRA Did not leave name not provided Enid Atwater-Convention 3/30/2009 Card sent to CRA and Visitors Bureau not provided Thank you for tour of CRA District. Complaint about the Annual Report not explaining what the CRA does, or it's mission statement. . 3/31/2009 Phone call to CRA Did not leave name not rovided Letter Sent to 3/31/2009 CRA Myra Jones Ridgewood Neighborhood Assocication not provided Appreciation letter for CRA support in supplying 10 media centers with new and inspiring books. The trolley routes should once again be extended to include a stop at the beach, near Ocean Avenue. 4/1/2009 Phone call to CRA Natalie Gordon 4/3/2009 Phone call to CRA Lynn, Splashdown Divers Complaint about overflow of raw sewage at Marina. T:\ADMINISTRATIVE\COMPLAINTCOMMENT LOG INFO\CRA Complaint.Comment Log ^S 01'4.7.09 \" t-("<\ > ..) '~"\ , /"'" \:-.;) \"''\')~. A~i .. nf;'t'. ~., ....... ""(~? ~ ~"j '\ ""~, I . '" \')\ J'\)'.t~'~.. ,(y~~?O ' ',\\) ~ ~\-'~y., ,,- NI{'S<. ,?\ ~. " o~.\. "~rm~\~. .oJ.f.~ ~P\ <;O~.:. ..' " "Tv.WJ'-.~ ~ .. yO . ~~ e \ M ~'.}J ~ c:r~ . (~... ': I IJ~ >( 't ~ ." . I .~ . '" .....~..... 'n. " . (" \...-/" I,. ," ....~1 1'.... ' :'J ~~~) 0 .~ ~ ~~t5 .~ G~~ ~ . ('_' - ~ .c-<>:::P '1""" L ~. ~ \ "'- . M '<.w ~~ \, '-../ ',,\-\ ~~'''''?'~~r(;)(,\ ("N rtf V V . q ",) --tP\: '., _~, '" ~- .'~' \ . \, '" .~ .'. '. ~-\ . ,~) . t"..'J'<:i)' ~("'" -il~ l...k,)', \....\ ') ~....,)..,"'N' '. ,.../~\./ . '. , ~\0'.., \. ,,'_ '7!\~V "\l~~\E\' I -,J<.\. ~,-' \ . Rri5qEWOOD~ · Drive Carefully, Children at Play ~ MARCH 31, 200S DEAR KATHY AND CRA STAFF, ONCE AGAIN WE APPRECIATE YOUR COMMOlIITY SUPPORT IN HELPING TO RAISE THE LITERARCY LEVEL IN OUR LOCAL SCHOOLS, HERE IN BOYNTON BEACH. YOUR EFFORTS WILL SUPPLY EACH MEDIA CENTER WITH (ten), 10 NEW AND INSPIRING BOOKS. EVEN THE lJ)ULTS GET EXCITED. SINCERE~"," """" L~';', ,~ ---:> "3-r-<.L-J I ' ," M 1 JONE; ) RI oor \mIGHBORHooD ASSO. ~ ~~' ~~ \ ~. u~~~CY ) . ce:.~" ~~ ) . .-"~ ~os~~~.~~&~ ~ ~~~~.~W\c0~ 0L~ 0-. \~\W~ ~ ~ ~~~~ ~c9~ Q'l\ ~ ~'~~( CITY OF BOYI\lTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 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 February 24, 2009 Planning and Development Board meeting Agenda items. 6. Old Business None 7. New Business A. Sibia Building New Site Plan 1. PROJECT: Sibia Building (NWSP 09-001) AGENT: Francisco Perez-Azua, Perez Design, Inc. OWNER: HMRS, LLC Planning and LJevelopment Board Meetlnq Agenda March 2/ 200Q "i(]f Sibia Buildinq (NWSP 09-001) cont'd. LOCATION: 709 South Federal Highwav DESCRIPTION: Request new site plan approval for a two-story commercial building of 10,347 square feet consisting of medical office general business office, retail space and associated site improvements, on a 0.661 acre parcel zoned C-3, Community Commercial 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) 742-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST S:IPlanningISHARED\WP\AGENDASIP&D 112008 Agendas 3-24-09 Agenda Meeting new template.doc I ~\", . " '1/,'< . I[ "C'< Z- . ~J ~<1Y~T2~1'c RA, ill East Side- West Side -Seaside RenaissancE eRA BOARD MEETING OF: April 14, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Status Report on 201 NE 1 st Avenue (Info. Only) SUMMARY: At the March 10, 2009 CRA Board meeting, staff provided a disposition report to Board members at the request of Vice Chair Rodriguez, for the CRA owned property located at 201 NE 1 st Avenue. As a result of the discussion, CRA staff was directed to initiate several maintenance items on the property in an effort to not only preserve the condition of the structure but to enhance the building's appearance for the surrounding neighbors (see attached minutes). The following repair items were completed by Anchors Emergency Board-up Services and Bridges and Sons Lawn Maintenance on March 30th (see attached photos): painting of the roof, pressure cleaning and painting of exterior siding and trim, replacement of four window shutters, adjustments to existing shutters, caulking and sealing, repair of front screen door and the spreading of 8 yards of cypress mulch. The total cost of the maintenance work was $3,453.00. 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. The property was purchased to aggregate with parcels the CRA already owned for future downtown parking. The 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. The historic house could potentially be utilized as part of a small tourist welcome center or part of a downtown cottage artist/retail enclave. FISCAL IMPACT: $3,453.00 from FY 08-09 Line Item 01-51620-209 RECOMMENDATIONS: N/A '~ ~' ;~~ z--- Michael Simon Development Manager TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Fonns by MeetingIFY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Update of 20 1 NE 1st Avenue-Info Only. doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, MARCH 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 Bnght, Executive Director Jim Cherot. 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. Hay moved approval of the agenda Mr, Weiland seconded the motion that unanimously passed. V. Announcements and Awards: A. Florida Redevelopment Association Video Lisa Bright, Executive Director, Community Redevelopment Agency, explained they did not have an opportunity to attend the last Florida Redevelopment Agency Conference, The members viewed a 1 O-minute video about the purpose of Community Redevelopment Agencies, 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 10, 2009 Motion Vice Chair Rodriguez moved to approve the item using the Special Events line item budget. The motion died for lack of a second. Ms. Ross expressed the Community Redevelopment Agency was unable to fund the Heritage Festival and she was concerned. Ms. Bright responded they provided $5,000 to fund the activities that typically occurred during the Heritage Fest, which was the Family Fun Day. It was noted the Family Day at the Sims Center was upcoming. There were unencumbered funds in the budget. Vice Chair Rodriguez pointed out, the Board does not approve $10,000 projects; but approves 20 - $500 projects as recommended by the Director, which was not fair. Ms. Ross noted the Dumpster Art program was approved. Ms. Bright clarified the Arts Commission budget was reduced. She indicated the item was at the discretion of the Board. Since the budget would be reforecast, there was consensus for staff to see if they could find the funds for this project. Motion Vice Chair Rodriguez moved to table. Mr. Hay seconded the motion that unanimously passed. F. Discussion of Community Redevelopment Agency Owned Property Located at 201 NE 1 st Avenue Mr. Simon explained the item was a discussion item. It was the Vice Chair's understanding the Community Redevelopment Agency purchased the home and that it would be demolished for parking when the owner vacated. Vice Chair Rodriguez indicated Mr. Blasie had advised him the Community Redevelopment Agency was redeveloping the property, which was contrary to what he was told. The Downtown Master Plan was approved and the June 12, 2007 meeting minutes were referenced. Mr. Simon explained the intent of the purchase was for parking, but not at the immediate moment. The acquisition was to be land banked. The land would be paved and the home moved to another parcel. The property was part of the Town Square Plan, which included an Art and Historic District along Ocean Avenue. The structure was on the City's historic preservation list, had not been updated, and was original. The home could be clustered with other old 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 10, 2009 homes, creating a district along (Jcean Avenue connecting the Library and lnp marl The intent was to create a mall effect with an anchor on each end Mr. Hay suggested painting the home Mr. Simon agreed and explained there was budget for maintenance, The Item was put on the agenda so the Board would be awarf of the Community Redevelopment Agency's plans for the property Motion Vice Chair Rodriguez offered a motion to move forward with the small project rehab (painting, mulching and making it Code compliant.) Mr. Hay seconded the motion that unanimously passed. G, Consideration of Appropriating Additional Funds for the Residential Improvement Program Ms. Brooks explained there was discussion between staff and the Vice Chair regarding whether the program was effective. There was very little money left for the program and they had applicants remaining. They also have not received many qualified applicants outside the Heart of Boynton, She did not want to market the program unless there would be funds available. Vice Chair Rodriguez preferred when staff reviewed the budget for the graffiti art project, they do the same for this program It was a key program and was an opportunity to assist people with their homes. H, Consideration of Splash Down Dive Shop Lease Renewal Mr. Simon advised the current tenant, Lynn Simmons, pays $1,597 per month, taxes included for her dive shop at the marina, No capital improvements were made to her building, other than painting. Options to renew the lease were provided; however !l was recommended the lease be renewed on a one-year renewal basis, Ms. Simmons advised she was excited about the development of the marina and she wished to stay as she has been in business for 25 years. When the marina was under construction, she assisted the public by providing information to them and lunch to the construction crews, Motion Vice Chair Rodriguez moved to renew the lease for a one-year term at the current rate Mr, Hay seconded the motion. Ms. Ross inquired if the current rate was $1,500 per month. Ms. Simmons responded the rent was difficult as her business dropped about 70%, The dive shop across the 16 .-' ~ :'.I!:'~~l"f\~~.. .:' . .' ,. ~tl .~t~ : .4 ~.v..", _.. ..:.~. ' ,I ., . < l~ ~" . .~..' ll'" ~ I 3fl5J1(1)9 .,,' ~, \, .:.. , \ , '\ /, tviiJ.I' ..f~1 t'j , ., \ 3f25J1(1)9 3I1f2CIYJ / r ~ 3n/2009 fjnl" ~ 7{\ -';1;: t' ~~ "I. ~ It L. m/2009 ~ It: I -.~ , " /' ~ .; 3/25/2009 ..... 3/2512009 kt 312512CIYJ 3m2009 ( \ 3f22/2009 3nl2OO9 ( April 2009 PROGRAM FINAL REPORT By Debby Coles-Dobay, Public Art Administrator eRA beautification project (aka dumpster mural project) "Postcards from Boyntorc" Art in Public Places program assisted to create, facilitate and implement a dumpster mural program as directed by the Boynton Beach City Commission and funded by the Community Redevelopment Agency (CRA), in coordination with the Public Works department. PURPOSE: To beautify exposed dumpsters within the CRA district by painting murals on them. PROGRAM REVIEW: CRA beautification project. "Postcards from Boynton" Boynton Beach's Art in Public Places public art administrator coordinated closely with the City's Public Works Department and the CRA staff to improve unsightly trash receptacles in the CRA district. A call to artists was published requesting artists to submit an application and color "Postcards from Boynton" concepts with the intent to paint the concepts on new dumpsters of various sizes. This program provided the opportunity for all artists to participate, add public art experience to their resume and work in the public realm. Dumpsters life expectancy is 3 to 5 years, so the dumpster mural project is considered as temporary public art project with no ongoing maintenance planned. Theme "Postcards from Boynton" Simple, colorful, Florida related fauna and floral, marine, nautical, tropical flowers, sunsets, sunrises, tropical trees, birds, animals. Could be similar to the "kitchy" tourists postcards from the 50's & 60's. Images MUST be simple to have visual impact. SUMMARY The Arts Commission committed to complete up to at least 10 total dumpster murals by the end of Fiscal Year 2008. Ten were completed by July 25, 2008. August 12, 2008 a report was presented to the CRA I-,oard on the status of the project. The CRA board approved the completion of up to 7 additional .umpster murals through to fiscal year end September 30, 2008. Seven additional dumpsters were completed by that date. COSTS $10,000.00 Program budget .~ 9,311.48 Total costs spent to date (18 total dumpsters painted and delivered) $ 688.52 Remaining balance as of March 30, 2009 in account # 001-5001-590-46-93 City of Boynton Beach .. Art in Public Places Enriching our Community through Public Art 1 April 2009 PROGRAM FINAL REPORT hv r )ebb", ,(liPS r )onav Public Art ArJrlllnlstrall Project process: ... August 28 & September 25. 2007 - Arts Commission program brought to Board's attention, discus~ and a decision was made to wait to include the program in the master oian visioning discussions _ November 13,2007 - eRA Board approved a dumpster mural program oeslgnating $10,000 to fund the projec1 .. January 2008 - Citv Commission directed the Arts Commission (Public Art Administrator) to imple- ment the prograrr _ January 26, 2008 - The Arts Commission adopted the implementation olar ;;,' February 12,2008 - CRA Board was presented the implementation pia: ... Public Works Department committed to supply up to 20 new dumpsters trom their budget this year. ~i February 22,2008 - A Call to Artists was published. .. March 7, 2008 - Received 68 concepts sent by 17 artist applicant~ :.;; March 12, 2008 - Selection committee consisting of the following five Individuals selected the top 10 and top 20 concepts. . Alina Weiser - CRA staff . Thelma Lyons - City Neighborhood Specialist . Ginny Foots - Frame Shop downtown business owner . Barbara Ready - Arts Commission Board member . Christina Roberts - City Assistant Public Works Director ir- March 17 - 31, 2008 - prepare scheduling, liability waiver, order base and top coat material and coordinate with artists & public works. April 7, 2008 - Artists begin painting schedule. . Artists signed a city liability waiver to work on City property. . Paint new green enamel dumpsters delivered to Public Works . Dumpster identification number on front to remain visible. . Dumpster size and dimensions vary from 2 - 8 cu. yds. . Artist compensated $500 per dumpster to paint all four sides no matter what size dumpster . One half deposit to begin, balance upon mural completion and selection committee approval . Artist to supply materials; mural paint, cleanup and painting materials (brushes). . City supplied the primer and clear coat. . Artists prepped, painted and clear coated dumpsters at the Public Works facility in a designated enclosed bay. . Artist were responsible for clean up after painting is completed. . The work was expected to be completed in a one week time frame during Public Works facility hours August 2008 - CRA board agreed to continue program through to October 2008 as the Arts Commission recommended. ~ October 2008 - 6 more dumpsters were painted. .... March 2009 - final report prepared City of Boynton Beach . Art in Public Places ... .. ... Enriching our Community through Public Art 2 , April 2009 PROGRAM FINAL REPORT By Debby Coles-Dobay, Public Art Administrator Public Art Administrator's implementation process: .. Prepared program outline, costs, and timeline. Submit to CRA staff for CRA board approval. 3. Prepared and sent out call to artists. 4. Solicited a volunteer a Selection Committee made of the stakeholders in the project to include 1 Arts Commission member, 1 CRA staff employee, 1 Public Works staff employee, 1 community business owner and the Neighborhood Specialist. This selection panel reviewed the artists mural submission concepts and selected the ones they feel were appropriate and met the criteria provided in the Call to Artists. They met once to accomplish this. Committee was then notified via email (images sent) when each mural was completed to approve the final artwork before it was delivered to the site location. 5. Prepared artist concepts and applications for selection committee to review, 6. Contacted artists selected for program. 7. Coordinated artist scheduling with Public Works set up and bay availability, 8. Coordinated dumpsters to paint and deliver with Public Works. 9. Monitor progress. 10. Documentation - Photograph completed murals, artist and contact information, 11. Compose list that considers visibility of dumpster with address in CRA district. 12. Promote program to public (City and CRA web site, press, Chamber of Commerce, artists and Arts Commission Board) 13. Match dumpster number to location and determine dumpster size. 14. Notify building owner that their location is selected for dumpster mural. 15. Building owner's responsibility to notify tenant that dumpster will be replaced and painted. 16. Inform building owner of dumpster delivery. 17. Coordinate locations for dumpster delivery. .8. Coordinate payables with artists. 19. Respond to the press media 20. Prepare images photos of work to web site 21. Monitor facilitation/progress of program. 22. Prepare and document final images and location. 23. Assess progress and report to CRA Board and City Commission. City of Boynton Beach Art in Public Places Enriching our Community through Public Art 3 Aoril2009 PROGRAM FINAL REPO~ Debbv Coles-Dobay, Public 1-11' IJ! II'T COMPLETION LIST Tne first six sites were selected and approved oil the selection committee. Following the promotIOn: orogram and applications were received the last five sites were identified and dumpsters were SCneml!f! to Daint . #6-350 City Hall parking lot - William Strecker - Aoril 7 '" 1 i 2 #4-514 Senior Center, Federal Hwy. - Judy Dempsey - April 14 - 18 3, #R6-3 City Library, Seacrest Blvd. - Christopher Burlini - April 21 - 25 L #4-514 Ace Hardware, Boynton Beach Blvd .0 Doug Hoekzema - April 28 - May 2 2 #2-308 Between Women's Club and pink plaza - Judy Dempsey - June 16 - 20 6, #3-318 Bank of America, Ocean & Fed. - Sharon Koshoff - May 5 - 9 7. #2-349 Park Lane Apts., 111 SE 1 st Street - Doug Hoekzema - April 28 - May 2 8. #R8-53 Mc Donalds, 181 0 S. Fed Hwy. - Bill Strecker - June 23 - 27 9. #4-576 Chevron (Ruby Food Mart) 217 N. Fed Hwy. - Patricia Levy, July 7 - 11 10.#2-307 Bruno's Auto Body, 316 NE 3rd S1. - Christopher Burlini - July 21 - July 25 11. #3-321 Neighborhood Gallery, 422 W. Industrial Ave. - Ralph Papa - August 4 - 8 eompleted September 5 - September 30, 2008 12. #8-364 U-Haul, 1319 North Fed. Hwy. - Ralph Papa, Sept. 5 - 10 13. #3-276 Bob Katz Properties, 412 E. Ocean Ave. - David Nau, Sept. 10 - 15 14. #2-396 Seacrest Farm & Dairy, 913 N. Seacerst Blvd. - Jan Stein, Sept. 15-19 15. #2-416 Boynton Animal Control, 415 NE 4th St - Judy Dempsey, Sept. 15 -19 16. #3-365 EZ Food Mart, 1005 N. Seacrest Blvd. - Patricia Levey, Sept.22 - 26 17. #3-372 The Pantry, 206 S. Federal Hwy. - Patricia Levey, Sep1.22 - 26 18. #4-512 Palm Food & Beverage, 103 E Boynton Beach Blvd.,- Peter Marshall, Sept 29 (see attached images and location map) PRESS eREDITS Sept. 23, 2007 - Erika Pesantes, SunSentinel Sept. 26, 2007 - Erika Pesantes, SunSentinel Oct. 24, 2007 - Erika Pesantes, SunSentinel April 20, 2008 - Frank Cerabino, Palm Beach Post April 22, 2008 - WPEC Channel 12 news April 26, 2008 - Mitra Malek. Palm Beach Post City of Boynton Beach Art in Public Places Enriching our Community through Public Art 4 LOCATION MAP _ CRA BEAUTIFICATION PROJECT (AKA DUMPSTER MURAL PRU"'........, , ..... i I 'f"t1'M ~ ,1'1)1 '; \1.' ....,... ! .... ..... -- . ~ \'If ,1IY1'" ,.-w a..... s,..!.ll~ '" ~I....-rll; ~.., ~ f -:::. i..'-;l J e .'_ ...:..1.",I='~ ...-"",1 T - ~>ll. - -~:' .....- , '. .:.' ,n..~' (.~w:rw''''''I' ,'. .~~'I.t - . .' . . . . ..' 1 ,........,,,^'~... '.~ ,.... " .~..... ...' ': :'.:....,.. . ....l!r."',..- .~~..- ..-', '..,. . . -' '... . ',~=' , , . -,~"",.' ~." ; "~ . \ . ~-:".~.I it .... . . - ~~... . I _ 1fI~' -€-- ...~ \<....~~.........-.- t . ~ ....... ...-.. . \JnlI ..n" \ i ~ i " ..,nt -.D ~'G4I "..~ .". I'tM ti i... , ~ i ~. ! J\', ...tt · .... ....1.,., . ~ :-~ !: .,.. f ............ \ \ ~ ..1 <.~ ~ . z} ..... .~ i t ~ ,., i I c:. ~..f ... .,...,.. i . .. i -'"'"" ~ e' .,. , '" _..;;. ..,a>'" fA ...,..a \ · i .-ne ~ ::: i ..,J i """'J& i I ~ ....~ " i= /,1.... #/ i' r./ ~\~ Ii ,;t:n' · -.. ~ '" ,fl1IoI ~ . - ~ ~... ---- ~~ ..... uoa I~ ....0'1 tAYI" ~ ..,.. ..... i I,", .- \ ..,.. ~ .... i~ .... cnc .",. t1l4 TOt .. , . tJnt ... ... I ....... ,~ c..- ,.-- ~ .-.u- ..- .... --.... f1!lJJM' ..... .... ..." UII ~ I,~-l" ... \ \ , i ; ~- ~-- 2 ' . . 5,'-' -.. ... ~- ~" ~. ! ~ €- ..... ...... .. <<>.~ '. City of BOynton. Beaeb... .' . '\ " Art in Pul--1ic places' ..~~~ Enriching 0"" eoJJl]Jl1Dlity thrOUgh PublicArl () LOCATION MAP - CRA BEAUTIFICATION Pp-tECT (AKA DUMPSTER MURAL PROGRAM) \ I () I I i '",\,~\,\'t ';", " f . . 1. City Hall Parking Lot By: William Strecker 5. Near Woman's Club By: Judy Dempsey 9. Near Chevron station By: Patricia Levy 2. Senior Center By: Judy Dempsey 3. City Library By: Christopher Burlini 6. Near Bank of America I By: Sharon Koshof 7. Near Park Lane Apartments By: Doug Hoekzema 10. Near Bruno's Auto Body By: Christopher Burlini 11. Neighborhood Gallery, By: Ralph Papa 4. Near Ace Hardware By: Doug Hoekzema ~ . ',..... ." '~'. ..., -w ., ./ 8. Near McDonald's By: William Strecker ~'" ....~.:~. .4'....... .' ........ ~. .... -. 12. U-Haul, By: Ralph Papa It!!!\. City of Boynton Beach ~I W Art in Public Places" Enriching ouJ" Community thJ"ough PublicAJ"t LOCATION MAP - eRA BEAUTIFICATION PROJECT (AKA DUMPSTER MURAL PROGRAM) I ~ 13. Bob Katz Properties By: David Nau ;~~- 1"'::. . '. ~.~:... 14. Seacrest Farm & Dairy, By: Jan Stein 15. Boynton Animal Control, By: Judy Dempsey 16. EZ Food Mart , By: Pat Levey I. __i.~~ ~ WJ'-< . :. ';:.'SI!.~ ;~~Jl~ ~~:;,~,,;:.;':i; ';'~ - ~- ...,w,~ .~. ~'-~. " . ....;~~.~ . ..-;-. . .. On"" - .. '. ...::. .---- 17. The Pantry By: Patricia Levey 18. Palm Food & Beverage By: Peter Marshall <<> City of Boynton Beach . , '.-,'\ ',' Art in Pu""1ic Places E~1"iching ouJ" comm~nity thJ"ough Public An l <.. : .)' : ~ ~]\'l Ii) 1(. : I i ;~ / l) 8 I : I') / I dIMPSTk,L l'Aun 12/08 Af' 09/1 ,Ie , , , 'lIMPSTl<:!, IAIN'J 12/08 Al 09/1' IIIMPSTER PAINT 12/08 A 1-' 09/11 'ilh ,'C, 'I LiUMPSTER PAINT 12/08 AP 09/16/08" ;1]'0'+ DUMPSTER PAINT 12/08 AP 09/16/08 0173046 DUMPSTER PAINT 12/08 EN 09/05/08 W50878 ~ ,. WSOR7B 12/08 AP 09/05/08 0172783 ;~ GALS. OF PAINT 11/08 AP 08/29/08 0172122 DUMPSTER PAINT 10/08 AP 07/08/08 0169786 ARTIST ,'; (J , 0 9/ 0 8 AP 06/ 17/ 0 8 0 16 866 1 PAINTING DUMPSTER '7(1' 09/08 AP 06/17/08 0168699 PAINTING DUMPSTER 70 09/08 AP 06/17/08 0168930 PAINTING DUMPSTER 09/08 AP 06/17/08 0168810 PAINTING DUMPSTER n Q / 0 fJ EN () r, /2') / (I: :'1,(, j ,- .1 fe, p U8/0B AP OS/29/(1f ;16[3211 l'RIMER & PAINT o 7 / 0 8 AP 04/1 8 / U !-I ' ) LJ 0 LJ I lj C 'cinal l'ay- dumpstcol CH 07/08 AP 04/15708 01651u. IIIREC1' PA'x'MENT 07/08 AP 04/15!UH 016511, DIRECT PAYMENT 07/08 AP 04/1S/0S ,11,;520" UIRECT PAYMENT 07/08 AP 04/15/0B u165232 DIRECT PAYMENT 07/08 AP 04/10/08 0164806 SERVICES 07/08 AP 04/10/08 0164892 SERVICE 07/08 AP 04/04/08 0164659 CONTRACT 07/08 AP 04/04/08 0164512 1 (.~ -~ c Ac('n[TN". At t. LV r- I ";-. 'I1JMPSTEP MAIN } n r__ll) \ PJ"iLPIl ,IICjf":l: DJ\_VILi JO:)~) PATP DEMPSFV '1099' ,n. STEIN Cig; irAN MARSHALL (l0(9) , SHERWIN WILLIAMS 2 GALS. OF PAINT SHERWIN WILLIAMS PAPA (1099), RALPH LEVEY (1099), PATR BURLINI (1099) , CH DEMPSEY (1099) , JU STRECKER (1099) , W MCDONALDS LEVEY (1099) , PATR CHEVRON RUBY FOOD MART SHERWIN WILLIAMS PRIMER & PAINT SHERWIN WILLIAMS STRECKER (1099) , w BURLINI (1099) , CH DEMPSEY (1099) , JU H.OEKZEMA (1099) , 0 l\:OSKOFF (1099) , SH DEMPSEY (1099) , JU KOSKOFF (1099) , SH STRECKER (1099) , W HOEKZEMA (1099) , 0 iLS'X"'IN(' CiJRREtn , APPRO' i1 l1V,3 E /\[-'!-'UT IN'TT N! DRR rnn li/ \J () eTD; .:cURREN'] "Nr~'TTMRR1\N(,F "1.~,\NSACTION AMOUN'! \..'URREN'I RALANCE .00 9,311.48 500.00 q, n 48 500.00 () 0 () ()(> SOLJ.LJLJ 500.00 500.00 6'3 66 69 66- 69.66 500.00 250.00 "100.00 500.00 SOO.ou 250.00 :;<;1_78 59.78 59,78 250.00 250.00 250.00 500.00 250.00 250.00 250.00 250.00 500.00 PREPARED 03/30/2009, 11:51:58 PROGRAM GM360L CITY OF BOYNTON BEACH ACCOUNT ACTIVITY LISTING PAGE 2 ACCOUNTING PERIOD 13/2008 ------------------------------------------------------------------------------------------------------------------------------------ GROUP PO NBR NBR ----------------------- ------------------------------------------------------------------------------------------------------------ ACCTG ----TRANSACTION---- PER. CD DATE NUMBER DESCRIPTION YTD/CURRENT ESTIM/APPROP YTD/CURRENT ENCUMBRANCE TRANSACTION AMOUNT CURRENT BALANCE FUND 001 GENERAL 001-5001-590.46-~] REPAIR/MAINTENANCE SRVS. / DUMPSTER MAINTENANCE continued CONTRACT 4035 07/08 AP 04/04/08 0164423 BURLINI (1099) , CH CONTRACT 3987 W47904 07/08 EN 04/01/08 W47904 MAB PAINTS 127.56 PRIMER & CLEAR COAT PAINT 4031 W47904 07/08 AP 04/01/08 0164555 MAB PAINTS 127.56- PRIMER & CLEAR COAT PAINT 3858 06/09 AP 03/27/09 0000000 ACE HARDWARE Supply 250.00 127.56 54.48 ACCOUNT TOTAL o .00 9,311.48 9,311.48- FUND TOTAL o .00 9,311.48 9,311.48- GRAND TOTAL o .00 9,311.48 9,311.48- eRA BOARD MEETING OF: April 14, 2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Review and Discussion of Appraisal for Two Vacant Lots on NE 9th Owned by Wayde King SUMMARY: At the March 10, 2009 CRA Meeting the Board voted to enter into a purchase agreement with Wayde King for two vacant lots on NE 9th Avenue within the MLK Corridor redevelopment area. The amount of the purchase price, subject to appraisal, was $275,000. However, after the staff ordered the appraisal, Mr. King decided to wait for the outcome ofthe appraisal before signing the purchase agreement. The appraisal was conducted (see attached) and the value assigned for the two vacant lots is $110,000. Mr. King's asking price is 60% above appraised value. Mr. King was informed ofthe appraised value but has not indicated ifhe would accept a lower purchase price. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan/MLK Corridor Project OPTIONS: 1. Agree to purchase the two lots for $275,000 2. Make a counter purchase offer at the appraised value 3. Do not purchase the lots ~~ Vivian L. Brooks Assistant Director TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglAppraisal King,doc AN APPRAISAL OF TWO NON-CONTIGUOUS VACANT RESIDENTIAL LOTS OWNED BY WADE L. KING LOCATED ON NE 9TH AVENUE IN THE CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA PREPARED FOR BOYNTON BEACH CRA AS OF MARCH 23, 2009 BY DANIEL P. HRABKO, MAl CALLAWAY & PRICE, INC. rp WEST PALM BEACH 1639 Forum Place Suite 5 West Palm Beach, FL 33401 Phone (561)686-0333 Fax (561)686-3705 Michael R. Slade, MAl, SRA, CRE St.Cert.Gen.REA RZl16 Daniel P. Hrabko, MAl St.Cert.Gen.REA RZ48 Stephen D. Shaw, MAl St.Cert.Gen.REA RZ1192 FORT PIERCE/STUART 500 South U.S. Highway 1 Suite 107 Fort Pierce, FL 34950 Phone (772)464-8607 Fax (772)461-0809 Stuart Phone (772)287-3330 Fax (772)461-0809 Harry D. Gray, MAl, SRA St.Cert.Gen.REA RZ662 Stephen G. Neill, Jr., MAl St.Cert.Gen.REA RZ2480 M ELBOURN E/ IN DIALANTIC 114 6th Avenue, Suite 3 Indialantic, FL 32903 Phone (321)726-0970 Fax (321)726-0384 Curtis L. Phillips, MAl St.Cert.Gen.REA RZ2085 BOCA RATON Phone (561)998-8088 Fax (561)686-3705 Daniel P. Hrabko, MAl St.Cert.Gen.REA RZ48 FOUNDERS Joe R. Price, MAl, SRA St.Cert.Gen.REA RZ555 Robert J. Callaway, MAl, SRA St.Cert.Gen.REA RZ505 Callaway &. Pricer Inc. Real Estate Appraisers And Consultants www.callawayandprice.com Licensed Real Estate Brokers Please respond to West Palm Beach office E-Mail: dph@cpwpb.com March 31, 2009 Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Mr. Simon: We have made an investigation and analysis of the two non- contiguous vacant residential lots owned by Wade L. King located on NE 9th Avenue in the City of Boynton Beach, Palm Beach County, Florida. The Subject Property will be further described both narratively and legally within the following Summary Appraisal Report. The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Properties as of March 23, 2009. This report has been prepared for our client, Boynton Beach CRA. The intended use was to assist the Client in decision making relative to the possible acquisition of the Subject Properties. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that: The Market Value of the Fee Simple Estate of the Subject Properties (Lots 4 & 12) as of March 23, 2009 was: $110,000 Michael Simon Development Manager Boynton Beach CRA March 31, 2009 Page Two A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusion is contingent Respectfully submitted, CALLAWAY & PRICE, INC. -----~ i (,:___ - __________<:oj -- ~~;/ Daniel P. Hrabko, MAI St.Cert.Gen.REA. RZ48 ] M . '~A "t A . o . erntt, ssocla e ppralser St. ert.Gen.REA. RZ672 DPHjJMMjDLMj09-61012 Attachments lip Executive Summary PROPERTY TYPE Two vacant residential lots. LOCATION The Subject Property consists of two non- contiguous vacant residential lots located on the north side of NE 9th Avenue in the City of Boynton Beach, Palm Beach County, Florida. Lot 4 is situated approximately 130 feet east of Seacrest Boulevard and Lot 12 approximately 480 feet east of Seacrest Boulevard. DATE OF VALUATION March 23, 2009. PROPERTY DESCRIPTION: LOT 4 50' X 115.57' or 5,779 Square Feet. LOT 12 50' X 114.95' or 5J48 Square Feet. IMPROVEMENTS None. ZONING R-2, Single- and Two-Family Dwelling District, by the City of Boynton Beach. LAND USE PLAN MEDR, Medium Density Residential (Max. 9.58 D.U.jAcre), by the City of Boynton Beach. HIGHEST AND BEST USE Residential development. MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTIES (LOTS 4 & 12) AS OF MARCH 23, 2009 $110,000 .. Table of Contents P fl~l\J c CERTIFICATION .......... .....<... " ". ...... ..,. ,.....'.... .,. ,.,.... ...... .' LIMITING CONDITIONS....... " ....................,......."..,.......... , DEFINITION OF THE APPRAISAL PROBLEM.............,..".......... , .,' Purpose, Date of Value, and Interest Appraised...................... Intended Use and User of Appraisal............."... ..". ,......" , '" Legal Description............... ............. ".....".... ..,.."."....." ,,".. Market Value................... "............""........... ,....."......, '" "" Fee Simple Estate ............,., <"" ,,,",," ",,,....... ............. " SCOPE OF WORK .............................,.. ............,...".. ....,.",..,...." NEIGHBORHOOD DATA............... ..""." ..,..... ....""'......,, """.." ....."" 10 PROPERTY DATA.............................'''' ... "" ... '" " ................." , 1 Location. .. , .,. . . . ..... . .. . . . . . . .. .. .. . . . . ' . ' , , , , , , , , , . .. . . . . ., . . . .. ,..,.,.., Zoning. ......... .......... .......... ,.......,.."., ,..,.',.,...,"',.."..,..... Concurrency. ........... .... ..................,. ...... ,..,....,.,.,......,.,' '.. 14 Easements and Deed Restrictions.....".."...... .. .""" ......" 14 Site Size, Shape and Access......"..................."..........", . 1:~ Utilities...........................,.,.... , ......,........... . . ,., ,... " ..........." , .,.., ... , . .. , ... , ... , J'~ Topography..........................,..".." .., ..........""".. ......." ",' ".. . "..." l,:~ Census Tract ................................ ..........,.,..""............." . .""",.., 1.4 Flood Hazard Zone.....................................,...". "......., E) Assessed Value and Taxes................. ........,...... c,..,'... . "" ' 1~=' Property History...............................".......... ..". ........." "...,,, l'~ Land Improvements......................".. . ...,,,..,, ...........", Ib HlGHEST AND BEST USE ................",,, ......"..".." ,."..".""" Conclusion ........................ .... .. ..... . ".."..",,, ...".......... Legally Permissible......................".."............".. ......."........" .... ..".. .1' Physically Possible.................,..".. ."...,..... ...."..,..,....,."........1 ; Financially Feasible...............,,"" " . " ,........". .'''' , ... Maximally Productive..................... ........... ... ... .......".. .."............ 1 <3 LAN D- V ALU E ANALySIS......................"",........ ".. .. "........"".",.. ..."... ....." 19 Discussion of Vacant Residential Lot Sales........". .."...... ... "...."..",,,..,,,.. 2C Discussion of Adjustments................".........,.., ",,,........,, ..." "" ".....,.. 2 7 Conclusion - Land-Value Analysis.....",........... ,., ."..""... ...... ",.. ",.." 28 ADDENDA Engagement Letter Qualifications: Daniel P. Hrabko, MAI Joe M. Merritt, Associate Appraiser .... Certification CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and FIRREA. 8. Daniel P. Hrabko and Joe M. Merritt have made a personal inspection of the property that is the subject of this report. 9. No one provided significant real property appraisal assistance to the persons signing this certification. 10. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. 11. The reported analyses, opinions and conclusion were developed, and this report was prepared, in conformity with the requirements of the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. 1 ... Certifica tion 12. This appraisal assignment was not based on a requested minimum valuation a specific valuation, or the approval of a loan. 13. I certify that the use of this report is subject to the requirements of thE> Appraisal lnstitute relating to review by its duly authorized representatives, 14. As of the date of this report, Daniel P. Hrabko, MAI, has completed the requirements under the continuing education program of the Appraisal Institute ~)~ ~f~ Daniel P. Hrabko, MAI St.Cert.Gen.REA. RZ48 ~~ Jo.. . Merritt, Associate Appraiser St.Cert.Gen.REA. RZ672 2 .. Limiting Conditions LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value estimated in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 9. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, 3 .. __i:-l'!' itj!J~()JH!!!lon;; polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, Whir: mayor may not be present on the property, or other environmemc conditions, was not called to the attention of, nor did the appraiser becon" aware of such during the appraiser's inspection. The appraiser has knowledge of the existence of such materials on or in the property unie,:- otherwise stated. The appraiser, however, is not qualified to test for SLH substances or conditions. If the presence of such substances, such asbestos, urea formaldehyde foam insulation, or other hazardous substance or environmental conditions, may affect the value of the property, the valu(- estimated is predicated on the assumption that there is no such proximit thereto that would cause a loss in value. We are unaware of very vliet conditions that may have existed for days or weeks which are required tn grow mold. No responsibility is assumed for any such conditions, nor for arr\' expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 11. Our opinion of value was based on the assumption of competent marketing and management regarding the Subject Property. If there is no competent marketing and management, then the value contained herein may not applv 4 r .. Subject Photos ('" ("' AERIAL VIEW OF THE SUBJECT PROPERTIES 5 .. Subject Photos LOOKING NORTHEASTERLY AT SUBJECT LOT 4 FROM NE 9TH AVENUE LOOKING NORTHEASTERLY AT SUBJECT LOT 12 FROM NE 9TH AVENUE 6 -=-. Definition of the Appraisal Problem DEFINITION OF THE APPRAISAL PROBLEM Purpose. Date of Value, and Interest Appraised The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Properties as of March 23, 2009. Intended Use and User of Appraisal This report has been prepared for our client, Boynton Beach CRA. The intended use was to assist the Client in decision making relative to the possible acquisition of the Subject Properties. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Legal Description Lots 4 and 12, Block 4, of Palm Beach Country Club Estates, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. Source: Palm Beach County Public Records. Market Value Section 1110 of Financial Institutions Reform, Recovery, and Enforcement Act's (FIRREA) instructions to the Office of Thrift Supervision uses the definition of Market Value below as developed by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and adopted by the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. liThe most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and acting in what they consider their own best interests; c. a reasonable time is allowed for exposure in the open market; 7 .,. __ DefiIJition of th~Jtpp~aj~C!J~,:!!b/~m d. payment is made in terms of cash in U.S. dollars or in terms of hnancla arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale," Fee Simple Estate The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute, defines Fee Simple Estate on page 113 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." 8 .. Scope of Work SCOPE OF WORK According to the 12th Edition of The Appraisal of Real Estate, the Scope of Work is the amount and type of information researched and the analysis applied in an appraisal assignment. Generally this includes a detailed outline of the steps performed to complete the appraisal assignment and more importantly any steps that were not performed per request of the client. In the case of the Subject Property, all appropriate valuation techniques were performed. Located below is a summary of the Scope of Work performed. The first step in the appraisal process involved defining the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determined if the appraisal were subject to any extraordinary assumptions or. hypothetical conditions. The next step involved inspections of the Subject Properties in March 2009 by Daniel P. Hrabko, MAl, and Joe M. Merritt. The inspections allowed us to understand the physical components of the Subject Properties. In addition to the inspections of the Subject Properties, we also we began the data-collection process and, subsequently, an analysis of the factors that affect the market value of the Subject Properties, including a market area analysis, neighborhood analysis, and property data analysis. We gathered and reviewed information from the Palm Beach County Property Appraiser's Office and the City of Boynton Beach Planning and Zoning Departments to understand and describe the Subject Properties. The third step in the process was to determine the Highest and Best Use of the Subject Property. To determine the Highest and Best Use as vacant, we relied on information obtained from the data-collection process. Through the Highest and Best Use analysis we determined the issues that have an effect on the final opinion of value. The Subject Property consists of two non-contiguous vacant residential lots and the Highest and Best Use is for residential development. The fourth step was the application of the appropriate approach for the valuation. No approaches were specifically omitted from this appraisal either by the client or the appraiser. The most reliable way to estimate land value is by the Sales Comparison Approach. Since only one approach to value was used, no reconciliation was needed. 9 ... ,,!_eig h l?S!I"'oodQ~ta NEIGHBORHOOD DATA Preface The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Appraisal of Real Estate, 12th Edition 2001, states: "Social, economic, governmental, and environmental forces influence property values in the vicinity of a subject property. As a result, they affect the value of the subject property. Although physical boundaries may be drawn, the most important boundaries are those that identify factors influencing property values. The area of influence, commonly called a neighborhood, can be defined as a group of complementary land uses." (") c ~ '" '" ~ '" Park Ridge81vi:l ~eig,~borhO?,dMap j .?: 'oIGc f5i"~Ave ' l z NE 14th Ave Ul Shore Dr NW 13(" AVk Z i,l Sut,jecl Lot ~ " ~ ~" .. . q ! ~ i (I' NW~~~\;;-' ~_ __~~__- ii' ,'I, ~ z .'liJ- . i fp57 Z.J ~ - ~ ~ ILl' ~d:;' N '~~:s'! ti ;' i ~1Z' 5: ~ .~ ;'1 ~ f:Q ::;I: -5 t [I -0 ,1= ! ;"Ij 104' . - . dcl'o"6 NWts1~AVec r~ ~. . NW~,c _ L ...= i'if' WOcean Ave =: ~<;< . \ l'," st'':S2tn~dAY;'~e ~ ~. ~. "W cee ,1 ~n .,...... ~ ~ . :; Oesio- \lr : lP.. :,',')'$7 SW 3rd AVe m_", !O . gJ "'~ ,. ! 'BW~lh~Ave . ' ~~ ~~~i ~~ -:-! .-. '\ ~=- ~:~v~ve!SESlh;Ve ~ .s>~ CI) ~ ~~9thAV!, .,i ~ ~ ll''1- tl). .>0 00 c-cc-cW1qtlr Ave Rd 10'- ~ g SW11lhAve . ~ - .~ ~. SW 13th A.. ~ p, ~ tv . ~\t& ~ f?,"'i. ~'3\tl , ~ _,-..'::'::-_-=,r'.:.. .=-_ Cil 'ri (II 1DO!i Merosoft Co lridlorlts.su en:-: JlII ri tt$l't:Sel'V~d. N~ SUbject Lol12 ~ '" 3:- z i NE'1 '/we i. . " . - . -NEc10tji Ave ~-'Ne:".9lb_A,", . NEc-9tlFAve .~ ~ ~ { lliec'8tlf Ave ~ I'll.. !liE--7th Ave' -~ -.?".: ~ .~ ('l') eke -~'(of'i'. Z D c " "" ~ !!! gJ ~ t" I Ocean Ridge -:'~lII1 . 2nd A..re ~4 Dc ean Ave A.,A ~J ~ '" " '" 8 o z ':4 Ul (") c " "" -* 1'~ SW 1Sfli Ave SE 15th Ave '" <t '" " '" ~ 6 The Subject neighborhood is considered to include the portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), the east by the Intracoastal Waterway, the west by Interstate 95 and on the south by Woolbright Road (SW 15th Avenue). The primary north/south traffic arteries through the neighborhood include U. s. Highway 1 (Federal Highway), Seacrest Boulevard and Interstate 95. Interstate 95, located approximately one mile west of the Subject, is the principal north/south traffic artery along the east coast of Florida. U. S. Highway 1, now primarily a local roadway, also spans the length of Florida's East Coast. Seacrest Boulevard is a 4H laned intercity connector joining the cities of Boynton Beach and Delray Beach. 10 -=p Neighborhood Data The major east/west traffic arteries in the neighborhood are Boynton Beach Boulevard (State Road 804) and Woolbright Road (S.W. 15th Avenue). Both of these thoroughfares have interchanges with Interstate 95. Boynton Beach Boulevard ends at u.s. Highway 1. To access the beaches to the east, motorists must head south on U.S. Highway 1 to Ocean Avenue which is the easterly extension of Boynton Beach Boulevard. Woolbright Road has a bridge over the Intracoastal Waterway which provides access to the barrier island called Ocean Ridge and beaches. The Ocean Avenue Bridge over the Intracoastal Waterway was recently renovated and provides convenient access to the Town of Ocean Ridge and State Road A-l-A. Boynton Beach has historically been considered a retirement oriented community. However, the city has grown rapidly over the past several years and the average age of the population is decreasing. In 1980 Boynton Beach's population was 35,624, in 1990 it was 46,284, and currently it is estimated at over 65,000. The Subject neighborhood is nearly 100% built out and has a mixed housing composition, consisting of older single family (some built as early as the 1920's) and multifamily. Com.mercial development is concentrated along the major thoroughfares previously discussed and consists of offices, office/warehouses and retail buildings. The majority of the commercial type properties within the Subject's immediate area are retail in nature. The City of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital is located on Sea crest Boulevard. Other medical facilities and nursing homes are within a short distance. There are currently 18 churches representing all major denominations within the city limits. The Subject neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the Subject neighborhood from either the City of Boynton Beach or Palm Beach County. Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city in general and a redevelopment effort is underway. All of the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach has started its redevelopment plan for its downtown area. The Boynton Beach Promenade is a walkway that extends from Boynton Beach Boulevard east of Federal highway Ocean Avenue. The project consists of a marina village having boat slips, apartments, commercial and retail shops and a parking garage. The project includes a wooden boardwalk to overlook the Intracoastal Waterway. 11 rp f>!~hbor}:!Qod C!!!Ji:J The Subject is located in the "Heart of Boynton" Neighborhood Master Plan, the second of five redevelopment plans for the City's Community Redevelopment Agency (CRA) that oversees approximately 1,614 acres. The "Heart of Boynton" focuses on the area within the Subject neighborhood south of the Boynton Beach Canal (C-16) and north of Boynton Beach Boulevard, between Interstate 95 and the Florida East Coast Railroad. The study area is almost exclusively residential in nature, comprised of single family and multi-family housing on both sides of Seacrest Boulevard. Much of the area was platted prior to the 1970's and there are a significant number of very small residential lots that are difficult to develop. Conclusion Overall the Subject Neighborhood should see extensive redevelopment in the future Large mixed-use projects are planned with significant amount of residential units. In the Subject's immediate area, the "Heart of Boynton" redevelopment concept will serve to redefine the character of the surroundings by upgrading the general condition of some blighted pockets, changing land uses and zoning in certain areas to promote cohesiveness, and ultimately lead to increasing interest and property values. The current limiting factor is the extremely slow residential and commercial real estate markets and overall poor national economy. We expect that new development will be on hold until the real estate market improves and the supply of available residential units begins to diminish. 12 lip Property Data PROPERTY DATA Location The Subject Property consists of two non-contiguous vacant lots located on the north side of NE 9th Avenue in the City of Boynton Beach, Palm Beach County, Florida. Lot 4 is situated approximately 130 feet east of Sea crest Boulevard and Lot 12 approximately 480 feet east of Seacrest Boulevard. K l ,1 f 1.' t I'fl f ..!~'. ( ~}2lIi::Ave--__ I.' to I I, .' fl!W-ll1b'AVi--n ! '11'1' " NWIOili :A"lL Ii,:,"'" Il) '\1,\. ~. '. o I ~W9ih Ave ~' : \' l ' tlW_Sth-Ave ... i, Jl", \ ._-:' .-.- ~ _.~ ~tli::AVe, ' ti ,j - ,I ~ Ii! \1 g'! " ~ \ I , t " ! ~!\ \ \'1. -: 1\ i ~ . ,i II Ii R" I ! ~ II II ; ~\' 1 t , I 1 no':' 11' F,'t 1l.1; ~ Co n fJ"2005Ji.osottCo .Jlndlorils . rs.A1lri Itsres:erVed. Zoning Location Ma NW~.5jb..AVe _ i" ,- - l'lorttr~T! - - -Of . i Siliim:::ec='- -.. c _ __. ,f " , t~iiineiS:=wi~ ---.~! ',L::. ::~ I ___ --- .n_ <I " f ~E=f2.lIL.rerrace-- . ---11 ., 1Vlan000000r i .~;::i;I . --n_f;~~~: - f .'N~9ift:hve_:"- -.- ~, f ' ,';.-.-.~-.... ~t,[.1 i~.8lli6ie---_n--::n - NW= . ' 1fu cL Ne'JUi Ave::. -_ ' - , '''' ct N.W . .1'11: 7111 us Ave c -'~-l ',' _1(-::=':'NE)~~= ~ . - ' "' NE::6tl1 Ave . -if!- . - -- c:; , us ",I _ _ _ ~~n t Nbfn:A~... NE 511t Ave_ '.. ii, -, , -~ , _ Nt::Tjjh,A"lL_ I Ji.i~-:- 'NET2ih:Ave:. Gl 1\M[.6fb ~Vi:=::::. ~i ~ x; , '< ~~ ~; ~ ~ ~ ,__. _. ."'_L..-_ II/W Aifi:&e.. --=-= . - II ~- z: -s~__ ~. ::EiCl w ~' Z ; 1 - [ t t -- f i ~, , , i n --~ ::::tiIDnil AV1l.. _- ~-.._--- . tliUth.AYe-_. i ,. r,jjf 4thAvs_ ; I: ... j, I " " NW-3rdA.e 1VW-3id Ct " " , . Nw 3.it '''\'''$ .~ NE::.3[ij AL. ~ a!!.' .'--'::'~---=-~7r\dH~ The Subject Properties are zoned R-2, Single- and Two-Family Dwelling District, by the City of Boynton Beach. This zoning category was established "to accommodate a compatible development of higher density buildings with commonly called duplexes together with single-family dwellings but at no lower standards of quality". Land-Use Plan The Subject Properties are designated MEDR, Medium Density Residential (Max. 9.58 D.U./Acre), by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. 13 .. Prope.r_~y_ Dale Concurrency ln 1985, the Florida Legislature enacted the Local Government Comprer1enSI\!'::: Planning and Land Development Regional Act (Chapter 163, Part JI Flond Statutes), commonly referred to as "The Growth Management Act". To the best of our knowledge there are no concurrency issues that had an effect or"' Market Value as of the appraisal date. Easements and Deed Restrictions We were not provided with title searches or surveys of the Subject Properties. To the best of our knowledge, there are no deed restrictions. Our on-site inspections and review of the available public records revealed no obvious atypical easements, Site Size, Shape and Access Both of the Subject Properties are rectangular shaped lots. Lot 4 is 50 feet wide with an average depth of 115.57 feet and contains 5,779 square feet. Lot 12 is 50 feet wide with an average depth of 114.95 feet and contains 5J48 square feet Asphalt paved access is provided by NE 9th Avenue, which extends along the southern boundary of both lots. Utilities All public utilities are available to the Subject Property. Water and sewer service is provided by the City of Boynton Beach, telephone service by AT&T, and electricity by FPL. Topography Both of the Subject lots are cleared and level and at the approximate grade of the adjacent roadway improvements. The sites are all upland and useable with a sandy soil type. No obvious signs of drainage problems were noted during our inspections. Census Tract The Subject Property lies within Palm Beach County Census Tract 61. 14 .. Property Data Flood Hazard Zone The Subject Property lies within Flood Zone "e" according to the Flood Insurance Rate Map (Panel Number 120196 0004 C) prepared for the National Flood Insurance Program of the U.S. Department of Housing and Urban Development CH.U.D.). Flood Zone "B" includes areas of minimal flooding. Assessed Value and Taxes The 2008 assessed value and taxes for the Subject Properties were as follows: Folio Numbers 08-43-45-21-10-004-0040 08-43-45-21-10-004-0120 Total Land $46,216 $45,968 $92,184 Impr. $0 $0 $0 Total $46,216 $45,968 $92,184 Taxes $922 $917 $1,839 Property History It should be noted that this office has not performed a title search, nor has a title search been provided. According to the public records, the Subject Property was under the ownership of Wade L. King as of the appraisal date. There have been no arm's length transfers of ownership for more than five years. To our knowledge, the Subject Property was not listed for sale or under contract as of the appraisal date. 15 ... 1'~Q2ert~ ~!fI~a i:~ '-=-1 ir,n ~lt (r,n ~7'\. (, nn nn~(t.~i:~;'~~oo.oor) it ,,~ .~ . . __-ce.." ~l:~ ~ . ,;:"-",.,, i:r.~;~lp6 I';". , , i- :~~ I. :~ I':; J "I " ::=' I '- ,...~ (190.69') ...., "::'f ;:~ '{ . .... , "'l o .,... g~ o ~ <. O~.OO':) 0030 g. o N .-:: ,..- ~ ::, o lD_. ~ ~ 2; .-, N :.:.':.~.::~: o 0)._. &- o o N 0100 (052 Ac) " ('1 :l!j', . "j' co 0;:: o <0. t1'l ..- o :' (V) :: ~r: -''l'-'': ~.:'~ a 0::1',....., ~ ,fl. -'"> .... a ~ o 00,....., a: cD L!) .... ..... j50~ ra'O\ '--dr y ~ Plat Map co 0),....., & ,. '!=\ (:) (',~ ~~ U1 ... Ll_ ::~~;-:-: :; 1 Land Improvements As of the appraisal date, both of the Subject Properties were cleared and had no land or building improvements. 16 r. Highest and Best Use HIGHEST AND BEST USE The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute defines Highest and Best Use on page 135 as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest v'alue. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." To estimate the Highest and Best Use of the Subject, we have considered those uses which are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for property in the current real estate market. Conclusion It is our opinion that the Highest and Best Use of the Subject Property is for residential development. The reasons for this conclusion are as follows: Legally Permissible The Subject Property is zoned R-2, Single- and Two-Family Residential District, by the City of Boynton Beach. It is designated for medium density residential development by the City of Boynton Beach Future Land Use Plan. Physically Possible Physically, the Subject Properties are suitable for residential development. Both lots have asphalt-paved road access and exceed the minimum size requirement of 4,500 square feet. Financially Feasible The market has been active for development properties in the Subject neighborhood over the past few years. As with most areas of Palm Beach County, the market activity has diminished since 2006 and values appear to be declining. This trend is expected to continue during the near future until the real estate market and national economy improve. 17 ..-- HighE?~!_i!_nc!_Be~tYse Maximally Productive In case of the Subject properties, it is our opinion that residential development would be the most maximally productive and Highest and Best Use as of the appraisal date. The most likely purchaser of the Subject Property would be a developer or an investor. 18 .. Land Value Analysis LAND-VALUE ANALYSIS According to the 12th Edition of The Appraisal of Real Estate the valuation of land begins by identifying the real estate and property rights valued, any encumbrances, use restrictions, and the land's physical characteristics. An appraiser can use several techniques to obtain an indication of land value: . Sales Comparison . Extraction . Allocation . Land Residual . Ground Rent Capitalization . Subdivision Development Usually the most reliable way to estimate land value is by sales comparison. When few sales are available, however, or when the value indications produced through sales comparison need additional support, alternative techniques like extraction or allocation may be applied. In the case of the Subject Properties, the available market data was considered to be adequate and therefore, the only approach used was the Sales Comparison Approach. 19 ... _____ La nd _'!i!JLI_~!'-,.,i!!Ys I S Discussion of Vacant Residential.Lot Sales A search was made for recent sales of vacant land within the Subject's market arei:: Our search was concentrated on vacant lots zoned R-2 by the City of Boyntm Beach. The Subject and the comparables were analyzed on a price lot basis All 0; the comparables were considered with regard to property rights appralseo financing, conditions of sale, time or market conditions, location and size. The flVf comparable sales indicated a non-adjusted range from $50,000 to $62,500 per lot _<~u Comparable Vacant Residential Lot Sales Chart - NE 9th Avenue Callaway 8< Price, Inc. # 09-61011-2 , Sale Number Subject Subject 1 2 3 4 5 i C8r.P Sale Number 6843 6844 6845 6846 5847 ORBK/PG (Lot 4) (Lot 12) 22224/1987 22213/1257 22492/1063 22599/0676 22833/116U Date of Sale 10/23/2007 10/23/2007 2/25/2008 4/25/2008 8/14/20U8 Sale Price $125,000 $62,500 $60,000 $92,000 $50,000 Lot Size (Square Feet) 5,779 5,748 14,000 7,000 7,000 ] 3,043 7,53':; Lots 2 1 1 50 , price/ Lot $62,500 $62,500 $60,000 $61,333 $50,00U North side of North side of North side of North side of North side of North side ot North side "~I N E 9th NE 9th Martin Luther Martin Luther Martin Luther Martin Luther NE 9tt Avenue, 130 Avenue, 130 King King King King ,t.,venue, :i'JU l Location feet east of feet east of Boulevard, Boulevard, 410 Boulevard, 600 Boulevard, 530 feet east Df t\ F ! Sea crest Sea crest 460 feet west feet west of feet east of feet west of 1 st St rePl Boulevard Boulevard of North North Railroad seacrest seacrest Railroad Avenue Boulevard Boulevard o.venue Zoning R-2 R-2 R-2 R-2 R-2 R"~ R-c .J Conditions of Sale oo!~; 00,'[; oo/c' nD~ i Time Adjustment -lOO/c 100" 10",. J 1,;- Adjusted Price/Lot $56,250 $56,250 $54,000 $55,200 $45,000 Physical Adjustments I , Location [1% 1)0/0 nO,'t Size 00/0 Q0/0 00/0 (11.>,'0 , Total Physical Adjustment 0% 0% 0% 0% 0% I Adjusted Prlce/ Lot $56,250 $56,250 $54,000 $SS,200 $45,000 I Per Lot ow $45,000 High $56,25[; :.lverage '$53,::;,1": 20 .. Land Value Analysis Land Sale No.1 Property Identification Record ill Property Type Address Location Tax ill Legal Description Aerial Map Page Section/Township/Ran ge 6843 Residential, Vacant Land Boynton Beach, Palm Beach County, Florida North side of Martin Luther King Boulevard, 460 feet west of North Railroad A venue 08-43-45-21-27-001-0120 Lots 12 & 13, Less S 10', Block 1, E Roberts Addition 45-43-21 21/45/43 Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Conditions of Sale Financing Perry L. Mitchell Boynton Associates, L TD October 23,2007 22224/1987 PB 1, Pg 123 Fee Simple Ann's length Cash to seller with no effect on the sale price. Sale Price $125,000 Land Data Zoning Topography Land Use Plan R-2, Single- and Two-Family Residential Level Medium Density Residential Land Size Information Gross Land S.ize Front Footage 0.321 Acres or 14,000 SF Martin Luther King Boulevard Indicators Sale Price/Gross SF Sale PriceILot $8.93 $62,500 Remarks The Grantee is in the process of assembling properties in the neighborhood for redevelopment. This property consists of two contiguous lots. 21 ~ L.Jjll1d __~C!I!-!.~!ona}y~!s Land Sale No. : Property Identification Record ID Property Type Addres~ Locatiol] 6844 Residential, Vacant Land Boynton Beach, Palm Beach County. Florida North side of Martin Luther King Boulevard. 4] 0 feet west of NOl1h Railroad A venue 08-43-45-2]-27-00]-0110 Lot 11, Less S 10'. B lock I. E Robel1s Addition 45-43-2 ] 2 ]/45/43 Tax In Legal Description Aerial Map Page Sectio niT 0 wnsh ip/Ra n ge Sale Data Grantor Grantee Sale Date Deed BooklPage Recorded Plat Property Rights Conditions of Sale Financing BobKatz Properties Boynton Associates, L TD October 23, 2007 22213/1247 PB 1, Pg 123 Fee Simple Arm's length Cash to seller with no effect on the sale price. Sale Price $62,500 Land Data Zoning Topography Land Use Plan R-2, Single- and Two-Fami]y Residential Level Medium Density Residential Land Size Information Gross Land Size Front Footage 0.161 Acres or 7,000 SF Martin Luther King Boulevard Indicators Sale Price/Gross SF Sale PriceILot $8.93 $62,500 Remarks The Grantee is in the process of assembling properties in the neighborhood for redevelopment. rhls property consists of one lot. 22 .,. Land Value Analysis Land Sale No.3 Property Identification Record ID Property Type Address Location Tax ill Legal Description Aerial Map Page Section/Township/Range 6845 Residential, Vacant Land Boynton Beach, Palm Beach County, Florida North side of Martin Luther King Boulevard, 600 feet east of Sea crest Boulevard 08-43-45-21-27-001-0270 Lot 27, Less S 10', Block 1, E Roberts Addition 45-43-21 21/45/43 Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Conditions of Sale Financing Romona Rene Frederick and Donita Frederick Norfus Boynton Associates, L TD February 25, 2008 22492/1 063 PB 1, Pg 123 Fee Simple Arm's length Cash to seller with no effect on the sale price. Sale Price $60,000 Land Data Zoning Topography Land Use Plan R-2, Single- and Two-Family Residential Level Medium Density Residential Land Size Information Gross Land Size Front Footage 0.161 Acres or 7,000 SF Martin Luther King Boulevard Indicators Sale Price/Gross SF Sale PriceILot $8.57 $60,000 Remarks The Grantee is in the process of assembling properties in the neighborhood for redevelopment. This property consists of one lot. 23 .. L!3n~'t!~Jue~n~/y'~is Land Sale No.4 Prooertv Identification Record ID Property Type Address Location 6846 Residential, Vacant Land Boynton Beach, Palm Beach County, Florida North side of Martin Luther King Boulevard, 530 teel lIe,t I.f Seacrest Boulevard 08-43-45-2 I -25-00 1-0250 Lot 25, The Frank Weber Addition 45-43-2 I 2 I /45/43 Tax ID Legal Description Aerial Map Page SectionlTownsh ip/Range Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Conditions of Sale Financing Tommie Green and Michele Green City of Boynton Beach April 25, 2008 22599/0676 PB 9, Pg 3 Fee Simple Ann's length Cash to seller with no effect on the sale price, Sale Price $92,000 Land Data Zoning Topography Land Use Plan R-2, Single- and Two-Family Residential Level Medium Density Residential Land Size Information Gross Land Size Front Footage 0.299 Acres or 13,043 SF Martin Luther King Boulevard Indicators Sale Price/Gross SF Sale PriceILot $7.05 $55,200 Remarks The Grantee is in the process of assembling properties in the neighborhood for redevelopment. This property consists of one and one-half lot. 24 .. Land Value Analysis Prooerty Identification Record ID Property Type Address Location Tax ill Legal Description Aerial Map Page SectionITownship/Range Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Conditions of Sale Financing Sale Price Land Data Zoning Topography Land Use Plan Land Size Information Gross Land Size Front Footage Indicators Sale PricelGross SF Sale PriceILot Land Sale No.5 6847 Residential, Vacant Land Boynton Beach, Palm Beach County, Florida North side ofNW 9th Avenue, 100 feet east ofNE ]st Street 08-43-45-2]-]8-000-]700 Lot] 70, Arden Park, Addition to Boynton, FLA 45-43-21 21/45/43 Stanley Watson LARANN, LLC August 14,2008 22833/1160 PB 2, Pg 96 Fee Simple Arm's length Cash to seller with no effect on the sale price. $50,000 R-2, Single- and Two-Family Residential Level Medium Density Residential 0.173 Acres or 7,534 SF NE 9th A venue $6.64 $50,000 Remarks The Grantee is in the process of assembling properties in the neighborhood for redevelopment. This property consists of one lot. The 59-year old single family residence located on the site at time of sale contributed no value. 25 .. N\"J 17th Ave .:J "E C~ ~\!'l NE 0",1"1 {c.,V'" Vacant Residential Lot Sales Map Circle Dr S uNE 16th Ave z -0 (;) m c N ~ w "E z n Q w U (;) NE 15th Ave Z in ,0 NE 15th Ct w w z z NE 14th Aile NE 16th \ z ~ NE 16th Ave (..) a. ~ .> (;) .p. -0 0 t: N S Z !:2 I :z i~ .~ g. NW 14th Aile !:2 NW 14th Ave Vi '0 M NW f3th Aile NE 13th Ave s z NW 12th Ave NE 12th Ave SaJ@4 !Sa!@3 NW T:rnr-RVe'- ---- "";;'. ..~.~- NW 10th Ave .. NVV 9th Ave ~e. ~ ~\~ ....-...N J>.ve \' ~~~ o NW 8th Ave NW 7th Ave Nt'V 7th Cr , 7th Ct NE 7th Ave \'IS' mv 6th Ave ... (jj -0 CI) > UJ -0 1;; as !liE 6th Aile z c in N S Ql S z t z 5\\;\ 0 lil NE 5th Ave NW CI) z NW 4th Ave NE 4th Ave i NW 5th Ave i NW 3rd Ave NW 3" ~\~ 3rd Ct " rr:i Cr \' NE 3rd Ave (ij 'S' "" w Z Sal@ 1 "" .. o . NE ~th Ave Sale 5 iIi tv~ r. If) 4ve in iJj z E m cry N W ::l Z 0. !:2 Vi '0 M NW ind Ave 8D4 Boynton ,,8aaGh NE 2na Ave s z NW .1sLAve NE 1st Aile ~!! nf!_--'!!!!!!e~!1i!'YSl E Z m :: ". 5 (,,) Seaview Circfe ~ 15th PI ~ 'e\Dr \"(\\ Ocean La);" Wed: Shore Dr North Rd South Rd -g Manor Dr {) ~ &-NE 10th Ave ~ 1 Sale 2 5 NE 81h Ave NE 7th Ave NE 7th St NE 6th Aile NE 4th Ave i/5 .r::. :;; UJ Z , O~ 200 ~O 600 Cop,'rig:-.:.g; ~ tlS8-20C!. UICTCSO'!t Com. ancUo~ u su;.pclit-rs. All ri.;:!h't! !'E;:s-e~K. htt:;:.','f..m._m;C"'O$of:. c:.fT~'s~ts,' ~ 2C-t&4 I,A\17E',:';!. .~1I ri;":ots te-i~~d 7~ds em. '.ne!ud..! j"':'fc~.rjo'" okf'n \'\'if'. ~em:~uio'" 'from Ca:nadan aumO-n:IH C ~:-=-r f.'aj,:st:; ,h~ O~.H~ - ::-;;;ht c.' C:i,nJo,j~ ':. :'c~;r'II1r"~ :00..:: :-'. ~~k-.4!!.!S f6rth Ar."_-e-~iC3, 'nc Al :ght! r~~~d 26 .,. Land Value Analysis Discussion of Adjustments Property Rights Transferred/Terms of Financing/Conditions of Sale All the comparables in this analysis involved the transfer of a Fee Simple Estate basis, with the buyers receiving full property rights ownership. We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the sales analyzed herein involved either market terms or cash to Grantor. Therefore, no adjustments were made, nor any cash equivalency performed. Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. No adjustments were required to the sales for this factor. Time or Changes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. The sales occurred between October 2007 and August 2008. The residential real estate market experienced a downward trend in values during this time period and all of the sales were adjusted downward for this factor. Location All of the sale properties are located within the Subject neighborhood and no general location adjustments were necessary. Size The Subject Properties contain 5,770 square feet (Lot 4) and 5,748 square feet (Lot 12). The comparables were slightly larger ranging from 7,000 square feet to 8,695 square feet per lot. We did not make a specific adjustment for this factor. However, the Subjects' relatively small size was taken into consideration in reaching our final value conclusion. 27 .. LCJ.n~ '!~Luej~Jlalr.~ls Conclusion - Land-Value Analysis As can be seen on the vacant residential lot sales chart displayed earlier, the adjusted value indications ranged from $45,000 to $56,250 per lot with an average of $53,340 per lot. All of the sales were considered to provide reasonable indications of value for the Subject and were given approximate equal weight. Therefore, it is our opinion that the Subject Properties had a Market Value of $55,000 per lot as of March 23, 2009 or a total of $110,000. 28 ADDENDA ENGAGEMENT LETTER .2phsec From: Sent: To: Cc: Subject: Dan Hrabko [dph@cpwpb.com} Monday, March 16, 2009 12:51 PM 'Simon, Michael' dphsec@cpwpb.com; 'Joe Merritt' RE: appraisal bids Thanks Michael, We'll get files opened today and get started. Thanks, Dan Daniel P. Hrabko,MAI RZ48 Callaway & Price, Inc. 561-686-0333-101 From: Simon, Michael [mailto:SimonM@bbfl.us] Sent: Monday, March 16,200912:06 PM To: Dan Hrabko Subject: RE: appraisal bids Good Morning Dan: Thank you for your bid submission. Based on review of the proposals submitted, the eRA would like to award you with the project. The timeframe you specified, 2 weeks, is critical. CRA staff is presenting the results of the appraisals to the public during a community meeting specific to the MLK corridor. Please keep me informed as you move through the process. As the property located at 111 NE 9th Street is a single family home with a tenant, the following is the contact information for the current owner: Zamir Ulusoy - 954-793-3421; blenditurku@yahoo.com Please be aware that this property is zoned C2. This zoning should be considered in your analysis. If you have any questions or concerns, please do not hesitate to contact me. 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: Dan Hrabko [mailto:dph@cpwpb.com] Sent: Thursday, March 12, 2009 2:22 PM QUALIFICA liONS ~ Qualifications Daniel P. Hrabko, MAl Professiona 1 Desio nations\Licenses\Certifications Member, Appraisal Institute, MAl Designation #8599 Florida State-Certified General Real Estate Appraiser RZ48 Florida Real Estate Broker BK0041778 Georgia Certified General Real Property Appraiser 239222 Commonwealth of Pennsylvania Certified General Appraiser GA001858 Professional Experience Callaway & Price, Inc., Principal, since 1992 Callaway & Price, Inc., Manager, 1988-1992 Callaway & Price, Inc., Fee Appraiser, 1980-1988 Fee Appraiser, Fort Lauderdale, Florida, 1978 - 1980 Realtor, Delray Beach, Florida, 1973 - 1978 Qualified As An Expert Witness Broward County, Florida Hernando County, Florida Martin County, Florida Monroe County, Florida Palm Beach County, Florida Polk County, Florida Los Angeles County, California Geographic Exoerience Throughout Florida Pennsylvania Georgia Caribbean North Carolina Education Bachelor of Business Administration, Florida Atlantic University Florida Atlantic University Graduate Level Courses: Research Methodology Urban Land Use Economics Real Estate Investment Analysis National Institute of Real Estate Brokers: Courses I and II - Income and Investment Analysis Society of Real Estate Appraisers: Course 101 - Introduction to Real Estate Appraising -. Qualification~_ Da l!!~e'-e-'.__fjJa bkPL_fI1~1 Education - Continued American Institute of Real Estate Appraisers: Course I-B - Capitalization Theory and Techniques Case Studies in Real Estate Valuation and Valuation Analysis and Report Writing Standards of Professional Practice Real Estate Investment Analysis Completed numerous seminars sponsored by the Appraisal lnstitute, Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers Teachinq Experience Adjunct Professor, Department of Industry Studies, Florida Atlantic University Courses Taught: Principles of Real Estate Real Estate Appraisal Income Property Appraisal Approved Appraisal Institute Instructor Valuation and Cost Approach Income Approach Parts I and II Sales Comparison Approach Orqanizations and Affiliations Appraisal Institute, Director, South Florida Chapter Appraisal Institute, Regional Ethics and Counseling Panel, Member Appraisal Institute, Region X, Representative American Society of Farm Managers & Rural Appraisers Association of Eminent Domain Professionals, Member South Florida Fair, Trustee Community Healthcare Purchasing Alliance, District 9, Board Member City of Delray Beach, Large Home Task Team, Member Palm Beach County Fishing Foundation, Member Greater Fort Lauderdale Board of Realtors, Member .,. Qualifications Daniel P. Hrabko, MAI I AC# 40179B? I , I , . " ",' . '~-:,~T^~,::~l!~,~LO,R1DA :; P~~~Lglrmim~mTI~~Jlli~ftLB~EGULATION , , 'C";"'od" h';:";'( c,;:,j"c';' ::L /:0';":'" SEQ#Los09180.(010 xem B' ~,~~:'.:-:~-';::, , " ';.! .o!f'i1s, ~O:08.0'...)J . "~ 94"';;;' at"s ,':':_- .:~6-:-:~~J~::.~" :-: :\~fl:;~t:r:ti~~:~!r:~~::I~~;'~:~~'~~,.o_ Expira.tion date: 'NOV:30, 20tQ ,,.~.~,B:::c :>;,_ ... ~~~~fib&~~~~? ;li~~:::i-:::-'~i~{~~,~~~: WEST PALM 'BEACH' '..,':', FL ';3.3tO 1<,-' ;i~t 'oiSpLAY'ASREQUIREO"BY LAW cB:AiLI!:S, tot'. DRAGO , "SECllBTARY iii- .. __. Qualifications.=Jo~ M~_.fijer.tltt Professional Designations & Certifications Florida State-Certified General Appraiser RZ672 Professional Experience Appraisal Consultant, Callaway & Price, Inc., since 1982 Staff Appraiser, First Federal Savings & Loan Association, Delray Beach, 1977 to 1982 Qualified As An Expert Witness Circuit Court of Palm Beach County Education Florida Board of Real Estate, Course I - 1977 American Institute of Real Estate Appraisers Courses; Course 1A-lj8-1 - Real Estate Appraisal Principles, 1987 Course 1A-2 - Basic Valuation Procedures, 1987 Standards of Professional Practice, 1992 USPAP Update Core Law for Appraisers, 1994 Appraisal Review - Residential Property Society of Real Estate Appraisers Courses; Course 101 - An Introduction to Appraising Real Property, 1978 Course 201 - Principles of Income Property Appraising, 1978 Narrative Report Writing Seminar, 1979 R-2 Examination, 1979 Gold Coast Professional Schools; U.s.P.A.P. Florida Law Update, 1996 Real Estate Finance, 1996 McKissock Data Systems: Uniform Standards of Professional Practice, 1998 Regression Analysis; The Appraisal Approach to the Future, 1998 Appraising 2-4 Family Residential Properties, 1998 Introduction to Environmental Considerations for the Appraiser, 1998 Factory-Built Housing, 2000 Automated Valuation Models, 2000 Uniform Standards of Professional Practice, 2000 Bert Rodgers Schools: Uniform Standards of Professional Practice, 2002 Florida Real Estate Appraisal License Law and Appraisal Board Regulations, 2002 Appraisal Research and Analysis, 2002 Sales Comparison Approach, 2002 Residential Subdivision Analysis, 2002 Neighborhood Analysis, 2002 Communicating the Appraisal, 2002 Bert Rodgers Schools: Federal National Mortgage Association, 2004 Real Estate Mortgages and the Law, 2004 FL Appraisal License Law, 2004 Sales Comparison Approach General Applications, 2004 lip Qualifications - .Joe M. Merritt Communicating the Appraisal, 2004 Residential Subdivision Analysis, 2004 McKissock Appraisal School: Fl Appraising the Oddball, 2006 Florida Appraisal laws and Regulations, 2006 FL Appraising FHA Today, 2006 FL National USPAP Update Equivalent, 2006 FL Income Capitalization, 2006 Appraising\Consulting Expertise Agricultural Acreage Adult Congregate Living Facilities Apartment Buildings Automobile Agencies Automobile Rental Facilities Citrus Groves Commercial Buildings Condominiums (Individual Units & Discounted Sellouts of Total Projects) Country Clubs\Golf Courses Dairy Farms Duplexes Easements Eminent Domain Office Warehouses , . .:"'.: ',' ACt} j 1,,3. S.. .:4'.5'.. '."" ._.... ,f:t-... . ~ ;... ,'"'/.",,- ':~:~lHf ,~:f~l~~ ,~~f1~" Environmentally Sensitive lands Financial Institutions High Tech Buildings Industrial Subdivisions Marinas Nursing Homes Office Buildings Residences Residential Subdivisions Restaurants Service Stations Shopping Centers Special Purpose Properties Vacant Properties (All Types Warehouses 'C". ,;.:' STATE~OF.'i=LoRIDA . .,~~ .'-:"',:::..t.... ',~~,~"":".,,;.~;.' ',7.\--.' ..~.; ," . ,).,c.~Jj'i.' iusliJ:8(~~'iNnPRo...ii:s~:t6NAL REGULATION 'L.9~;~W ~~,~Ji~~~A~~~;~p,P~SAL BD' . SEQ#t.08102701372 ...... ". .....!;.)~!: . .,~.:.... '!..'~.!..:.~; .. . .. t:. ;.t..~. .. ~ " " ' , .~. . .' . .' . . CHi..ItIiISi.CR!ST . GOVERNOR.... " ',;,l::.~~ .,~, ;j);:.,,_, .~. . H~;: r:1 ~>L,;~~;: : oi.SPLAY: A$:REQ(jJRED BY lAW CHARLES W. DRAGO SEC=RETARY ~fY! ~... ~qY~T8~ C RA . East Side- West Side-Seaside Renaissance eRA BOARD MEETING OF: April 14, 2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Review and Discussion of Appraisal for Commercial Property Located at 111 NE 9th Avenue Owned by Ulusoy/Turku SUMMARY: At the March 10,2009 CRA Meeting the Board voted to obtain an appraisal of II 1 NE 9th Avenue; a single-family home with a commercial land use designation for the purpose of potentially entering into a purchase agreement with the owners, Ulusoy/Turku. The property is located within the MLK Corridor redevelopment area. The owners are asking $300,000 for the property. The amount of the appraisal was $ 1 80,000 (See attached appraisal). The asking price is 40% above appraised value. The owners were informed of the appraised value but have not indicated if they would accept a lower purchase price. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan/MLK Corridor Project OPTIONS: 1. Agree to purchase the property for $300,000 2. Make a counter purchase offer at the appraised value. 3. Do not purchase the property. ---- Vivian L. Brooks Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglAppraisal Ulusoy.doc AN APPRAISAL OF THE ULUSOY /TURKU COMMERCIAL PROPERTY LOCATED AT 111 NE 9TH AVENUE IN THE CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA PREPARED FOR BOYNTON BEACH CRA AS OF MARCH 23, 2009 BY DANIEL P. HRABKO, MAl CALLAWAY & PRICE, INC. ... Executive Summarv PROPERTY TYPE Single family residence on commercial land, LOCATION The Subject Property is located on the north side of NE 9th Avenue, approximately 80 feet east of North Seacrest Boulevard, in the City of Boynton Beach, Palm Beach County, Florida. The property address is 111 NE 9th Avenue. DATE OF VALUATION March 23, 2009. PROPERTY DESCRIPTION: LAND 6,000 Square Feet. IMPROVEMENTS The Subject Property is improved with a 27- year old 2-bedroom, 1 bath CBS single family residence containing 1,050 square feet of air-conditioned living area. ZONING C-2, Neighborhood Commercial District, by the City of Boynton Beach. LAND USE PLAN GC, General Commercial, by the City of Boynton Beach. HIGHEST AND BEST USE Commercial use. MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF MARCH 23, 2009 $180,000 ... Table of ContenL Pagt;: 1,'" CERTIFICATION................. , LIMITING CONDITIONS...""".. DEFINITION OF THE APPRAISAL PROBLE~/I ,.,.,."" Purpose, Date of Value, and Interest Appraised Intended Use and User of Appraisa, '" "" Legal Description"..".""" Market Value ""'"'''''''''''' . Fee Simple Estate".""""" SCOPE OF WORK ............". ." NEIGHBORHOOD DATA..."..."" "" PROPERTY DATA ....."......".....",..... Location..,.. ,. ............... ....", ", " , ", Zoning...... ......................,. ,.., " Concurrency......,.......................", ,,,,"'''' Easements and Deed Restrictions..,,, , Site Size, Shape and Access"......., "'"'''' Utilities ......,.................,.,..,.,...,.., ", ,.... " Topography...........................,,"" "..." "'" ' Census Tract ....................."".... , '" .... Flood Hazard Zone................"." Assessed Value and Taxes.....", ..." ., ".... .. Property History..........."....".......... , ..,,, " ".. DESCRIPTION OF IMPROVEMENTS...". Land Improvements...."..........".., '...""...." ,,". ..""" HIGHEST AND BEST USE".."...... ., , "..",,,,, Conclusion ......."...."..."......",. ....... .... " ....,.. Legally Permissible........",..".. . ,,,..,,,, .....,,. Physically Possible......."""". "'" ...",,, Financially Feasible........"..,"" , ... .."". "..... . ..."'..,,.. Maximally Productive.........."".".. . ."..".... ,,,,....,.....,,,, ..... ..........". IS SALES COMPARISON APPROACH...."..... ".."",,,,,,, ." ..,,, , ,,,,,,, ,. ."., Discussion of Sales.......".....,... .., . ...". "."" " , .,.". Discussion of Adjustments....."",,. "." .""" , """"" Conclusion "..."................."........ ,. ."",,,,, .." " "",... \..f 1 ' " "," ,..... icJ 1 " J ; 1 i 1 ~} ~!~ ADDENDA Engagement Letter Qualifications: Daniel P. Hrabko, MAl Joe M. Merritt, Associate Appraiser rp WEST PALM BEACH 1639 Forum Place Suite 5 West Palm Beach, FL 33401 Phone (561)686-0333 Fax (561)686-3705 Michael R. Slade, MAl, SRA, CRE St.Cert.Gen.REA RZl16 Daniel P. Hrabko, MAl St. Cert. Gen. REA RZ48 Stephen D. Shaw, MAl St. Cert. Gen, REA RZl192 FORT PIERCE/STUART 500 South u.s. Highway 1 Suite 107 Fort Pierce, FL 34950 Phone (772)464-8607 Fax (772)461-0809 Stuart Phone (772)287-3330 Fax (772)461-0809 Harry D. Gray, MAl, SRA St.Cert.Gen.REA RZ662 Stephen G. Neill, Jr., MAl St.Cert.Gen,REA RZ2480 M ELBOU RNE/INDIALANTIC 114 6th Avenue, Suite 3 Indialantic, FL 32903 Phone (321)726-0970 Fax (321)726-0384 Curtis L. Phillips, MAl St.Cert.Gen.REA RZ2085 BOCA RATON Phone (561)998-8088 Fax (561)686-3705 Daniel P. Hrabko, MAl St.Cert.Gen.REA RZ48 FOUNDERS Joe R. Price, MAl, SRA St.Cert.Gen.REA RZ555 Robert J. Callaway, MAl, SRA St.Cert.Gen.REA RZ505 Callaway &. Price, Inc. Real Estate Appraisers And Consultants www.callawayandprice.corr:. Licensed Real Estate Brokers Please respond to West Palm Beach office E-Mail: dph@cpwpb.com March 31, 2009 Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Mr. Simon: We have made an investigation and analysis of the UlusoyjTurku commercial property located at 111 NE 9th Avenue in the City of Boynton Beach, Palm Beach County, Florida. The Subject Property will be further described both narratively and legally within the following Summary Appraisal Report. The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of March 23, 2009. This report has been prepared for our client, Boynton Beach CRA. The intended use was to assist the Client in decision making relative to the possible acquisition of the Subject Property. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that: The Market Value of the Fee Simple Estate of the Subject Property as of March 23, 2009 was: $180,000 IVllchael Simon Development Manager Bovnton Beach CRA I\/Iarch 31, 2009 Page Two A description of the property appraised, together with an explanation of the valuatlor procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter~ Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusion is contingent Respectfully submitted, CALLAWAY & PRICE, INC. ~- ) \(-. 7'--,-~~_ .. k~(_1 < -----"'--~- ,~-- .-.' Daniel P. Hrabko, MAl St.Cert.Gen.REA. RZ48 Joe ,M Itt, Ass~~r St.Ce . en.REA. RZ672 DPHjJMMjDLMj09-61011 Attachments r.. Certification CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions, 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and FIRREA. 8. Daniel P. Hrabko and Joe M. Merritt have made a personal inspection of the property that is the subject of this report. 9. No one provided significant real property appraisal assistance to the persons signing this certification. 10. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. 11. The reported analyses, opinions and conclusion were developed, and this report was prepared, in conformity with the requirements of the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. 1 .. ",ertification 12, This appraisal assignment was not based on a requesteci minimum valuation. a specific valuation or the approval of a loan. 13. I certify that the use of this report is subject to the reqUIrements of rhp Appraisal Institute relating to review by its duly authorized reDresentatives 14. As of the date of this report, Daniel P. Hrabko, MAl, has completed the requirements under the continuing education program of the Appraisal Institute ~L~~l Daniel P. Hrabko, MAI'.j, St.Cert.Gen.REA. RZ48 M. rritt, Associate Appraiser .Gen.REA. RZ672 2 ... Limiting Conditions LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value estimated in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 9. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, 3 .. __ __pmiting Condj!!on~c polychlorinated biphenyls, petroleum leakage, or agricultural chemicals wrw mayor may not be present on the property, or other environmenT- conditions, was not called to the attention of, nor did the appraiser beee'" aware of such during the appraiser's inspection, The appraiser nas knowledge of the existence of such materials on or in the property Utlie" otherwise stated. The appraiser, however, is not qualified to test for cou- substances or conditions Jf the presence of such substances! suer asbestos, urea formaldehyde foam insulation, or other hazardous subSlanCE or environmental conditions, may affect the value of the property, the val estimated is predicated on the assumption that there is no such prOXlrYl thereto that would cause a loss in value. We are unaware of very \Vt" conditions that may have existed for days or weeks which are required tc grow mold. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is pOSSible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property, Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 11. Our opinion of value was based on the assumption of competent marketing and management regarding the Subject Property. If there is no competent marketing and management, then the value contained herein may not apply 4 r ... Subject Photos r (' AERIAL VIEW OF THE SUBJECT PROPERTY LOOKING NORTHEASTERLY AT THE SUBJECT PROPERTY FROM NE 9TH AVENUE 5 II:; II __,__ Detlt,!tio ngJ _~I!~__Ap-pral~iJ1J!J:ob/~lT) DEFINITION OF THE APPRAISAL PROBLEM EYIQose, Date of Value. and Interest Appraised The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of March 23 200S Intended Use and User of Appraisal This report has been prepared for our client, Boynton Beach CRA. The intended use was to assist the Client in decision making relative to the possible acquisition of the Subject Property. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Legal Description Lot 3, in Block 4, of Palm Beach Country Club Estates, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. Source: Certificate of Title recorded in Palm Beach County Official Record Book 14488 Page 896. Market Value Section 1110 of Financial Institutions Reform, Recovery, and Enforcement Act's (FIRREA) instructions to the Office of Thrift Supervision uses the definition of Market Value below as developed by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and adopted by the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and acting in what they consider their own best interests; c. a reasonable time is allowed for exposure in the open market; 6 r. Definition of the Appraisal Problem do payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Fee Simple Estate The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute, defines Fee Simple Estate on page 113 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." 7 .. --,- :;jcop~ of Work SCOPE OF WORh According to the 12,r Edition of The Appraisal of Real Estate, tne SCODE: V\lork c, the amount and type of information researched and the analysIs applied in ari appraisal assignment Generally this includes a detailed outline of tne steps performed to complete the appraisal assignment and more importantlY any steps that were not performed per request of the client. In the case of the Subject Property, all appropriate valuation techniques were performed !,ocated below is a summary of the Scope of Work performed. The first step in the appraisal process involved defining the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description), This step also determined if the appraisal were subject to any extraordinary assumptions or hypothetical conditions, The next step involved inspections of the Subject Property in March 2009 by Daniel P. Hrabko, MAl, and Joe M. Merritt. The inspections allowed us to understa nd the physical components of the Subject Property. In addition to the inspections of the Subject Property, we also we began the data-collection process and, subsequently an analysis of the factors that affect the market value of the Subject Property including a market area analysis, neighborhood analysis, and property data analysis. We gathered and reviewed information from the Palm Beach County Property Appraiser's Office and the City of Boynton Beach Planning and Zoning Departments to understand and describe the Subject Property. The third step in the process was to determine the Highest and Best Use of the Subject Property. To determine the Highest and Best Use, we relied on information obtained from the data-collection process. Through the Highest and Best Use analysis we determined the issues that have an effect on the final opinion of value, The Subject Property is a single family residence situated on a commercially zoned lot. After analyzing the most recent sales of single family residences and improved commercial properties in the area, we determined that the Highest and Best Use of the Subject Property is for commercial use, The fourth step was the application of the appropriate approach for the valuation, No approaches were specifically omitted from this appraisal either by the client or the appraiser. The Subject Property consists of an improved commercial property The most reliable way to estimate the value of this property type is by the Sales Comparison Approach. The Cost Approach was not utilized due to the age of the existing improvements. The Income Capitalization Approach was not used because this property type is typically purchased for owner use and not for the rental income producing potential. Since only one approach to value was used, no reconciliation was needed. 8 ... Neighborhood Data NEIGHBORHOOD DATA. Preface The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Appraisal of Real Estate, 12th Edition 2001, states: "Social, economic, governmental, and environmental forces influence property values in the vicinity of a subject property. As a result, they affect the value of the subject property. Although physical boundaries may be drawn, the most important boundaries are those that identify factors influencing property values. The area of influence, commonly called a neighborhood, can be defined as a group of complementary land uses." Nei hborhood Ma ~'i<', ':r=:-[="')'i< ., "I"I~c';: " ....." .111"11~ " 'riffiiLl_'~C?' ~~ :~~~' . ~I E~'!I ~!' i ___,-;0 ,ilL t ,~~[r fr=i, ~ iL ~:' ~L~=~'a~r'i~ii =! ~~! (~~l-~J- r.1jl'i~I-~~~~~~ LdeWr$; 'I'~-~ " I .,-, ,,-Lei . - L ... ttlJ ~'r:j,~ , " ' ~L41.:,,, '[IL IT- fIl I.'~,L~--,~~L=--'~;L~ ~-~. 'If 1.I-'2,L!!!I~L<.';ll.ve=;~r- Cj . '-'-~-"C--:;:-':"';'~~'--l '\ =,. 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"I \ "I L- 'I ,I lI;;,d ~~= ,;'Or-DOcm.-=~'~ID = ;- ::...:...= -1 - ,'= :;0', ", .:1',[, -,l...u..;'_J,,.jL~="""'-~~';::=;;==' ~'c:c'r::;:~ ~ ~.:" -.---.lI? --,', i,.' 2:\,,-; . ~~"'';-__'- _L-:~_. I Ic-c'rCo""'-"""'--..L....:; -, . t ~'ii',; -','F' Sr''''1 =.=., I . ,'~.'I!;:D\[,irr'~~:;~c~~~.~E 'roil ~ ,I ='! "1:' ~L_ ~ _=iJil'/'~~i ~~l=4' "~l-jk:R ~1!E ~,! :; Ie! I '1 i [f 'lc.;r ::-~~L.:.I?\\~i ,,' ~ 7':1 ~[ir ~20 I ,_~CI~1t i:-~ _~~:;' ~'I' '" \ I~ 'I--,j \' I !C=":'. ., ".'.~. \ .T-:~.:,lJ~..: t:::..=2I.=i8~ '=:'!:I.A..'U!--: :.-...::.;...'~ ",:1 ::;;rL' " !<;Ii ='1 III,~,,~ ;~i.:.',}\,\ I'Ci[ -- r-,== =ltrtf~ ~ -".1 ~!:1 ..', ,i~&;fg1~~~~~~i~L(\ ~ ' ilr\~,~;;'rh~l ~c~=/ =15l-:::. . - II ' ".", ' ~,l="I=ll,,>-,-""L--L, .-~==~ -l-7121 L...-L:"-I. CI, .........'I~= 'r=::)r:::- -lr~.-..- .,i~ ,- '-"'" 'lli.l ~r'T'''' ~~~';=....-=.-=-~,-.-=--:'5.vi~~-~.<--ir-TI.}~L:I:=;'.=, 1-!i ,i '.:1'/ GO _.- 9:20D5 t.IcrosOft Co . .ndIorlts\ .::. - . Ai .1 tts ~ ~ ~~'..'i.~ i~-'."'" l .' -!..--o:- - ,-. i :=;' II L -: ~ i The Subject neighborhood is considered to include the portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), the east by the Intracoastal Waterway, the west by Interstate 95 and on the south by Woolbright Road (SW 15th Avenue). The primary north/south traffic arteries through the neighborhood include U. S. Highway 1 (Federal Highway), Sea crest Boulevard and Interstate 95. Interstate 95, located approximately one mile west of the Subject, is the principal north/south traffic artery along the east coast of Florida. U. S. Highway 1, now primarily a local roadway, also spans the length of Florida's East Coast. Seacrest Boulevard is a 4- laned intercity connector joining the cities of Boynton Beach and Delray Beach. 9 ... ,"{eigh~grhood ..Q~tc The major east/west traffic artenes me neighborhood are Boynton Beacr Boulevard (State Road 804) and Woolbright Road (S.W 15th Avenue), Both of thes, thoroughfares have interchanges with Interstate 95 Boynton Beach Boulevard eno: at u.s, Highway 1. To access the beaches to the east, motorists must head south !) U.s. Highway 1 to Ocean Avenue which IS the easterly extension of Boynton Beacr Boulevard. Woolbright Road has a bridge over the Intracoastal Waterway whicl provides access to the barrier island called Ocean Ridge and beaches, The Ocean Avenue Bridge over the Intracoastal Waterway was recently renovated and provides convenient access to the Town of Ocean Ridge and State Road A-i-A, Boynton Beach has historically been considered a retirement oriented community However, the city has grown rapidly over the past several years and the average age of the population is decreasing. In 1980 Boynton Beach's population was 35,624, i!' 1990 it was 46,284, and currently it is estimated at over 65,000 The Subject neighborhood is nearly 100% built out and has a mixed housing compositionl consisting of older single family (some built as early as the 1920's) and multifamily. Commercial development is concentrated along the major thoroughfares previously discussed and consists of offices, office/warehouses and retail buildings, The majority of the commercial type properties within the Subject's immediate area are retail in nature. The City of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital is located on Seacrest Boulevard. Other medical facilities and nursing homes are within a short distance. There are currently 18 churches representing all major denominations within the city limits. The Subject neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area, All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the Subject neighborhood from either the City of Boynton Beach or Palm Beach County Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city in general and a redevelopment effort is underway. All of the above cities have had government led redevelopment of their respective downtowns. As a result property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach has started its redevelopment plan for its downtown area The Boynton Beach Promenade is a walkway that extends from Boynton Beach Boulevard east of Federal highway Ocean Avenue. The project consists of a marina village having boat slipsl apartments, commercial and retail shops and a parking garage. The project includes a wooden boardwalk to overlook the Intracoastal Waterway. 10 ... Neighborhood Data The Subject is located in the "Heart of Boynton" Neighborhood Master Plan, the second of five redevelopment plans for the City/s Community Redevelopment Agency (CRA) that oversees approximately 1,614 acres. The "Heart of Boynton" focuses on the area within the Subject neighborhood south of the Boynton Beach Canal (C-16) and north of Boynton Beach Boulevardl between Interstate 95 and the Florida East Coast Railroad. The study area is almost exclusively residential in nature, comprised of single family and multi-family housing on both sides of Seacrest Boulevard. Much of the area was platted prior to the 1970/s and there are a significant number of very small residential lots that are difficult to develop. Conclusion Overall the Subject Neighborhood should see extensive redevelopment in the future. Large mixed-use projects are planned with significant amount of residential units. In the Subject/s immediate area, the "Heart of Boynton'l redevelopment concept will serve to redefine the character of the surroundings by upgrading the general condition of some blighted pockets, changing land uses and zoning in certain areas to promote cohesiveness, and ultimately lead to increasing interest and property values. The current limiting factor is the extremely slow residential and commercial real estate markets and overall poor national economy. We expect that new development will be on hold until the real estate market improves and the supply of available residential units begins to diminish. 11 rp Property Data PROPERTY DATA Locatior The Subject Property is located on the north side of NE 9t:, Avenue, approximately 80 feet east of North Seacrest Boulevard, in the City of Bovnton Beach, Palm Beach County; Florida. The property address is 111 NE 9" AVenUE: Subject Property Location Map ; / Ocean.Tnler1JT~ ''!W~ 1.416 lli1B NE 14/.h fS.ve 1IIV\>,' 1411i Ave ..... 5", ~ (J) ::i ......1 ~' I g-i ~i: ~( '" m:, 2 -- -~ NW \3fl1 AVf'-W !>' 2 ~ ",' IfN 131b~AVa~ Shore. Or '?'I'l-J2l!Q\.\ie: , u--u:i - ;-J~ .. CD NW",I2IJi_AV.e. -~=.::=::::=: ~'JE::)2th'::Ave::::.:::u I 1,1 _ NEl Subject Property I ~; va- D ,NE 13th- Ave North Rd SDullLBiL~ " ',\IIarmersway- JIIE- 1,2fDB".aco::. RiW-:Ro_ !.zJ(€:Worttl 2 ~ 'NW:::rIIli:Av,,-~ ~- :,= I I, t>> '1'" 5J~i NWTOlliJ\,Ve' , i 1'jw3th -AVe:. Nw::atli AV~--=-=- ~ ::r:--- (f) 0;-1 19E.:9Jli:"Ave , NE:.BTIi:AVe: 1 \-- NE.9tJiAve - ~ NEBtJi_Alie i>: ~~;'-bt ~':..Ava- ;;- .:: , 1'-",1>-"" $- ~EZtlLAve- " , i "'~? ' t'1Ave M~ S\l\ C\ NE.:sTFi.,Ave: ,--2- '"---~ ~J <:0 i5..'; 1" (/) ~ - NE 7th Ave: hlE-J1I1:'St: NE-6th Ave ii)' p '"' ill ~ ~ ,<' i>JW 4lh~""'-e J :, .04 -.\41-j--:or::l-"")..-..---- , t ,1L _ .- GO ,/riatilt@'2DOt'.i"lu'iemsoft Cc:i 2nd/of: lS$UODnel'S~ A/I"Ohts 1"eS"el"lJed -..- NW 2nd Ave ~ ~f <;" -0' Or I-IE 3fd Ave ~ BlJlIIIIon &! -Beach' . " o tilE 2nd Ave ZC NE 4th Ave ~ " '0 .5 ~'2;;a Ave ! ii l: Ocean Ridge 804 ~ ----- __.....___.__.___.._______ - ._.._____e'__. ~ Zoning The Subject Property is zoned C-2, Neighborhood Commercial District, by the City of Boynton Beach. This zoning category was established to provide a limited number of small commercial facilities of a retail nature, intended to service individual residential neighborhood. The Subject site exceeds the minimum lot area required of 5,000 square feet. Land-Use Plan The Subject Property is designated GC, General Commercial, by the City of Boynton Beach Future Land Use Plan, which is consistent with the current zoning. 12 lip Property Data Concurrencv In 1985, the Florida Legislature enacted the Local Government Comprehensive Planning and Land Development Regional Act (Chapter 163, Part II, Florida Statutes), commonly referred to as "The Growth Management Act", The Subject Property has been improved for many years. To the best of our knowledge there are no concurrency issues that had an effect on Market Value as of the appraisal date. Easements and Deed Restrictions We were not provided with a title search or a survey of the Subject Property. To the best of our knowledge, there are no deed restrictions. Our on-site inspection and review of the available public records revealed no obvious atypical easements. Site Size, Shape and Access The Subject Property is rectangular and contains 5,782 square feet. The site is 50 feet wide with an average depth of 115.64 feet. Asphalt paved access is provided by NE 9th Avenue, which extends along the southern boundary of the site. The site is located approximately 80 feet east of Seacrest Boulevard and has some degree of main roadway exposure. Utilities All public utilities are available to the Subject Property. Water and sewer service is provided by the City of Boynton Beach, telephone service by AT&T, and electricity by FPL. Topography The Subject site is level and at the approximate grade of the adjacent roadway improvements. The site is all upland and useable with a sandy soil type. No obvious signs of drainage problems were noted during our inspections. Census Tract The Subject Property lies within Palm Beach County Census Tract 61. 13 .. Property DaL.E Flood Hazard Zone The Subject Property lies within Flood Zone "C" according to the Flood I nsuran(~ Rate Map (Panel Number 120196 0004 C) prepared for the National Flood Insuranc'" Program of the U.S. Department of Housing and Urban Development (H U r Flood Zone "B" includes areas of minimal flooding. Assessed Value and Taxes The 2008 assessed value and taxes for the Subject Property was as follow:: Folio Number 08-43-45-21-10-004-0030 Land $46,248 Impr, $91,704 Total $137,952 Taxes $2,977 Property History It should be noted that this office has not performed a title search, nor has a title search been provided. According to the public records, the Subject Property has been under the ownership of Zamir Ulusoy and Blendi Turku for more than five years. As of the appraisal date, the Subject Property was rented to a residential tenant at a rate of $1,300 per month. To our knowledge, the Subject Property was not listed for sale or under contract as of the appraisal date. 14 ... Property Data . ; <~~,.. - .:'~' ..... -:':::'3 . I~~"~ '"II' :;.;:,", ".:::.:~ .0:, ...... '.r.;'~" : .:~:...., ~{:~ '.':::'::l ::;~::~ ...;,'..; ,:;,,~ ::IJl: .,..... '" ...&-. '.:,'..:. '::.-:. Irt: .",' ~::"i"': ~~~:t ..~. ...~. ~::~;:.. :::':{' ........ ~I' Y .~.:~~. ::.:':i n::~ ;l.....~ .... ..... ......~ :,-:,,':j __ l5'__ r; -- .- . - o ~ a"::" o t- (5 '\. a 00.30 a ~ ,.-... UJ.-. a ~ ~ 0 0 . m ~ ,~.. '. .~I;' . ...... ~~ ; o :~: M~;,: ~:~;; ,~.. ;- Lr.l :~:;: 0:-:.;:.: "-i o ~ g;- OJ') . o LO....... ~ ...... ..... j:! :f,:i;.:;:,:; ',:: '.: ?t:::0:';~' :;~.:}::!,~;' ~::~':~:::::~:::~:it;:tt:':~ ~~ ::; . ~ t'-_ 1- . Plat Map 15 ... l!~scriptiC?!1 of Impro,!em~nt.~ DESCRIPTION OF IMPROVEMENTS Land Improvements Land improvements to the Subject Property Include a 20' X 20' concrete parkin~ pad, concrete sidewalk leading to the front door and perimeter 4' chain link fencing The remainder of the site is landscaDed with grass and a variety of trees anr shrubs. Building Improvements Type of Building Single family residence, Date of Construction 1981.. Height One story. Type of Construction CBS, Roof Gable with fiberglass shingle covering, Exterior Walls Painted stucco. Windows Aluminum framed single hung, Floor Concrete with a variety of coverings. Interior Walls Painted drywall. Ceilings Drywall with rough-textured finish, Air Conditioning & Heat Central. Electricity Adequate. Plumbing Adequate. Equipment Residential kitchen equipment, Contains The building contains 1,050 squar-e feet of air conditioned living area, Condition & Comments The building was observed to be in good condition for its age. No deferred maintenance was noted upon inspection, 16 .... Highest and Best Use HIGHEST AND BEST USE The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute defines Highest and Best Use on page 135 as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." To estimate the Highest and Best Use of the Subject, we have considered those uses which are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for property in the current real estate market. Conclusion It is our opinion that the Highest and Best Use of the Subject Property is for commercial use. The reasons for this conclusion are as follows: Legally Permissible The Subject Property is zoned C-2, Neighborhood Commercial District, by the City of Boynton Beach. It is designated for General Commercial Use by the City of Boynton Beach Future Land Use Plan. Physically Possible Physically, the Subject Property is suitable for commercial use. It does not have direct frontage but has some degree of main roadway exposure (Seacrest Boulevard). It is currently improved with a CBS single family residence that has the potential to be converted to a commercial use such an office. Financially Feasible In determining the Highest and Best Use of the Subject Property, we analyzed the most recent sales activity involving both single family residences and improved commercial properties in the neighborhood. As shown on the following chart, we concluded at a value for the Subject Property as a single family residence of approximately $110,000, which is significantly less than our conclusion of $180,000 as a commercial property. This indicates that commercial use is the Highest and Best Use. 17 .. ----- H ~!lheSra l}cj_!3_~~tYse r------- , Sale Numbec Subject - 1 2 3 .!. 5 ORBK/PC- 22474/1896 22545/1498 22707/Q4'7C " J' '-,.:;: ::3nf.~/0844 Date of Sal' 2! 2 5/ 2 0,)8 3/31/2008 (-! 11/ 2LGb ~ , c,; 2009 Sale Pric, $260,00') $225,000 '1140,01-10 - Sl:3.IIOO Land Size (Square Feet) 5,781 7,255 7,257 :',505 -<.577 Living Area (Square Feet) 1,050 1,303 1,760 144 ] 843 Year Built 1981 20':)7 2007 197':, ;":'101 Price/Sq,Ft, of Living Area 5144,20 $127.84 $122.33 $S~ ,I) 2 i 111 r,E ,'th 105 i,E 11th 123 filE 1: th 411 fIIW ] st I ,F,5 '\\-'1) tst 720 Hartin Locatior, Avenue [,,\"erIU~: ....\fenuE ' ','f,:"l? ~ ": . ~. F- ':'- t- L I.lther ~/!ng ]r I 80ulevard Zoning (-2 ."-2 R-2 R-1A ,,-IA R-1.A Conditions of Sale (Jo/!) 0% GO/e> I (1"-,:" '.;;ocl( Time Adjustment lOO/a ..1 00/0 '10% I '- Adjusted Price/Building Sq.Ft. $129.78 $115.06 $110.14 $123.04 $107,92 , Physical Adiustments i Lot Size ()r-.;o 00/0 00/0 lOC,'c ~'" Age and Condition -200/0 -20% 0('/0 l\Jc/c lc.l='/6 Total PhYsical Adiustment -20.00% -20.00% 0,00% 0.00% -10.00% i Adjusted Price/Sq. Ft. $103.83 $92.05 $110.14 $123.04 $97,13 Smgle Famiijf Residential Comparable Sales Chart - 111 NE 9rr' ;,""IE'''II' Callaway 8< Price Inc # 09-61011-" $110,250 $110,000 S92,u5 Singie Family Residential Value @ $105.00 Say Higf" '112304 erao,' $105 24 Maximally Productive In case of the Subject site, it is our opinion that commercial use would be the most maximally productive and Highest and Best Use as of the appraisal date, The most likely purchaser of the Subject Property would be a commercial owner/user. 18 r. Sales Comparison Approach SALES COMPARISON APPROACH Preface The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute defines Sales Comparison Approach on page 255 as follows: "A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison, and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. " In order to estimate the Market Value of the Subject Property by the Sales Comparison Approach, a search was made for recent sales of properties similar to the Subject. Our search was concentrated in the Subject neighborhood on improved properties zoned for neighborhood commercial development. The sales that were considered to be most suitable for direct comparison to the Subject are summarized and discussed on the following pages. 19 .. Sales CC?mpaft~on ~!!.PEl!clcr Discussion of Sales Our sales search revealed three sales of improved commercial properties locatec within the Subject's market area We analyzed the sales on a price per SQuare of gross air-conditioned building area basis. All of the comparable sales werE considered with regard to property rights appraised, financing, conditions of salE time or market conditions, location, main road frontage, building quality age a condition and land to building ratio. As shown on the following chart U'f comparable sales indicated a non-adjusted range from $115.41 to $248.92 Del square foot of gross air-conditioned building area. Details of each sale utilizeo, .~ sales location map and a discussion of sales follow the chart. Commercial Comparable Sales Chart - 111 NE 9th Avenue Callaway & Price, Inc. # 09-61011-1 Sale Number Subject 1 2 3 Record 10 # 4918 4919 4920 ORBK/PG 21530/0731 22213/1234 23034(0448 Date of Sale 3/15/2007 10/23/2007 1/9/2009 Sale Price $345,000 $162,500 $300,000 Land Size (Square Feet) 5,781 8,568 2,000 10,171 Building Size (Square Feet) 1,050 1,386 1,408 1,867 Land To Building Ratio 5,51 6.18 1. 42 5.45 , Year Built 1981 1973 1942 1957 Price/Building Square Foot $248,92 $115.41 5160,69 111 NE 9th 1000 North 428 tvlartin 220 West Location Avenue Seacrest Luther King Boynton Beach Boulevard Boulevard Boulevard Zoning C-2 C-2 (:-2 ,-. -; \..-"L -1 Conditions of Sale 0% I,F'(- ,;0/0 Time Adjustment ,10% 10% ')0/8 Adjusted Price/Building Sq.Ft. $224.03 $103.87 $160.69 i Physical Adjustments I Main Road Frontage -15% -15% -15% Age and Condition 00./0 30~!~ 20% Land To Building Ratio 0% 25% 00/0 Total Physical Adjustment -15.00% 40.00% 5,00% Adjusted Price/Building Sq.Ft. $190.42 $145.42 $168.72 1 Low High Average 5145.42 $190.42 $168,19 20 ,..... .. Sales Comparison Approach Improved Sale No.1 (' Property Identification Record ill Property Type Address 4918 Commercial, Church 1000 North Seacrest Boulevard, Boynton Beach, Palm Beach County, Florida 08-43-45-21-10-004-0010 Lengthy, Lots 1 & 2, Palm Beach Country Club Estates 21/45/43 Tax ill Legal Description Section/Township/Range Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Financing Jesus' House of Worship, Inc. Boynton Beach Community Redevelopment Agency March 15, 2007 21530/731 PB 11, Pg 43 Fee Simple Cash to seller with no effect on the sale price. (' Sale Price $345,000 21 ~p S~!~~_~Et!!Ba ~is()!!. ~...f!.2roach Improved Sale No.1 (e ntH Land Data Land Size Front Footage Zonin~ 0.197 Acres or 8,568 SF Seacrest Boulevard; NE 9th A venue C-2, Neighborhood COlllinercial General Phvsical Data Building Type Gross SF Single Tenant 1,386 Construction Type Roof Type Foundation HVAC Stories Year Built Condition CBS Flat Concrete Central 1 1973 Good Indicators Sale Price/Gross SF Land to Building Ratio $248,92 6.19:1 Remarks This cOlllinercial building was being used as a church at time of sale. The Boynton Beach eRA purchased the property for redevelopment ofthe entire neighborhood, The property was not on the market, the buyer approached the seIler, There was no threat of condellmation. 22 r .. Sales Comparison Approach Improved Sale No.2 r Property Identification Record ill Property Type Address Tax ill Legal Description Sectionffownship/Range 4919 Commercial, Night Club 428 Martin Luther King Boulevard, Boynton Beach, Palm Beach County, Florida 08-43-45-21-04-000-0012 S 40'.ofthe N 50' of Lot 1, Robert Wells Subdivision 21/45/43 Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Financing BobKatz Properties, Inc. Boynton Associates, Ltd. October 23, 2007 22213/1234 PB 11, Pg 66 Fee Simple Cash to seller with no effectoD the sale price. r Sale Price $162,500 23 r. ------- ~~le!!~_ompa.Fi~_Q.f!_~PP. ro~ch Improved Sale No.2 (Cont.) Land Data Land Size Front Footage Zoning 0,046 Acres or 2,000 SF Martin Luther King Boulevard; North Railroad A venue C-2, Neighborhood Commercial General Phvsical Data Building Type Gross SF Single Tenant 1,408 Construction Type Roof Type Foundation HVAC Stories Year Built Condition CBS Flat Concrete Central I 1942 Good Indicators Sale Price/Gross SF Land to Building Ratio $115.41 1.42:] Remarks The buyer of this propelty has purchased I1wnerous other properties in the area was planning to jointly redevelop the neighborhood with the Boynton Beach CRA at time of sale. 24 (' ~ Sales Comparison Approach Improved Sale No.3 r Property Identification Record ill Property Type Address Tax ill Legal Description Sectionffownship/Range 4920 Conunercial, Office 220 West Boynton Beach Boulevard, Boynton Beach, Palm Beach County, Florida 08-43-45-28-10-003-0060 Lots 6, 7 & 8, less N 10', Block 3, Revised Plat of Boynton Heights 28/45/43 Sale Data Grantor Grantee Sale Date Deed Book/Page Recorded Plat Property Rights Financing Barbara C. Matthews, Individually and as Trustee White Elk Enterprises, LLC January 09,2009 23034/448 PB 10, Pg 64 Fee Simple Cash to seller with no effect on the sale price. c Sale Price $300,000 25 ... ~.~,_~,."."~_",,~._.__....,.._.,,c~.. .~__ _,....________,'__~...~..._<_.._~._.~_._~,~__~_~_.___.,~-,~._~,..,~----~.-. ?l!Jes CO[!12arisoE. Apl!!'.C?acr Improved ~att' :\c;, ,) (CollL) Land Data Land Size Front Footage Zoning 0.233 Acres or 10.] 71 SF West Boynton Beach Boulevard C-2, Neighborhood Conunercial General Phvsical Data Building Type Gross SF Single lenar 1,867 Construction Type Roof Type Foundation HVAC Stories Year Built Condition CBS Gable Concrete Central I 1957 Good Indicators Sale Price/Gross SF Land to Building Ratio $160.69 5.44:1 Remarks This property consists of a single family residences convelied for office use, 26 ... Sales Comparison Approach Improved Commercial Sales Map "'!''''J ! - __.1 iZ, (,. 'R, i , ' . '~W 11th: AV~.' ~I ''t r! '. , . I .'it.. -'1-~ __ ,I ~, L-.------J "..- -- - ,:.. ! '5 . ~:~~v~ <>th_C) _ ! ~i. NE 16 - ;~r;- - ZII ' - . --zl z .) NEJ~ ~ffil' I I ' \Ie c-ffir--'!, -",' r-- , . i : , - - ~~! ~I i.? $.() - E' H I ~! ,I .',' S-elMew~_' ~, 'I ~,'I '-0 '" ' -0--.,.: (J) '- ~.iiiE 15 --- i' I :, , r -- -c 'oW'"' _:- n . 1I1-4l1e-'-0' 'i ',' ~-- ~ ~\ ~__ ~ i ~ 'i ~=:_-:: _ ;"~\ ~', ~E:~~~-'=- . Z- .' L_ - _ _' z - '---' L ' 0cean--lnIeU)J:- . ! I i NW-14111Ave,-- u --NE:-:.'i41fj:--' NW.14t5.AVe 'Ave " r- Shore::Qr :~I 'll;' : . I 'I I 't ; I.' --'. ' <' fJ'NW 13';; Ewe . . Il' ..~ , L /.('1.'.1 'NW--12tUve'. ' I IIi ' r-- -' I I,;' '~-1th--Ave ~ s.'- i I' i: I . I II! ~ Ave__ I! tl I I' ,1 {\ , \ I ! 'Ji WilsOn ~,.,.".rinn C~nter U?- NE-1~ tv~-- ,-;6 _, _ I =;- --~E--l~ tv~" ~EJ Sl4Ijf!ct ~ \' L , ' ,- ~ - -- 'Nolth.R~ "I; ',S~' L-_'-: --- -.. .. - . .-- .-- . I : 1-:-. ~- '--. I Sale 2 IT,; .~, _-.ff NE..'1'Qffi )d-----' ! ~ i """e___. , , I , NE 9fu-Av.e- .--~ NE9lh Ave -z' _ _ NE 8th Ave r. 'NE 8th Ave. ~ ~, '.1 . .. Lake WOltf! Nw=9tA- AIle I ! ,I ~ ' NW Sth-Ave , ' Zl -z :EI I :E'l .\' - VI 1,t.J- \: " G'):l'-- 1--...... - :'(\ ;"1 !~I~il ~~_ ~' ,\ ' ,:..1 , ;1\, 1\ ! ", 1>>1 I :l'l _ _ ,I , I I' '< , ---~~., . , 1\' I" '. -[SaIe]---- - ---,- .---- I \1 ~ , 1 , :2: Boynton r1#clAve ___._8~ ~ ~Ild--Ave--i= oB~~~t>I~2ndA\'e-~ _. l 1\\\.\\' NW-1.st-Ave-] i == ==--~}J\lE--1.sl-AIi.e ,.' -- i '.", II ~, u"::' --' ~ (O-Cean. Av~:', ;-===-=2__---E 'Ocean AVe.'-m- - ioCeim-AVe. aO.L -- Ocean Aw \\ 1 -~' -"E- 1'_ -- --' 1_- - _ ___ L_ ~--- ~ 1st Ave' \ -~ _M---- 'r -. --sw- ,1st AV6__ - en S~st-Ave. ~ I ' , C/) 3: C/) I L ,,' I; \ ~ .... _, (I)- __ _ _ :E _ _ _ _ ~_~ __~ '_ _ !!?, ~E 2nd Ave Ocean 1\, ' ,- -(H,-SW 2nd Ave ---'Q --SE-2nd-Ave- ~ae- \~\ I, ,____Q. z;j g _u.. In , ,'.-, \ t, '/ 9~ _3rd ~:~ ~! _ ~ _ ~ SE ~~d, ~v~ ~ _-~ i' \ I I SW 4th -Av~ 3:1 ~~-- --SE-4th .Ave..- " _ _ F3' ,--- ',W S~:AVe.-~' 51", "ffi,Ave - - i '. - 1\1\ t=c:c, $w-41 SW-su> Avec :E-~ 4:' '~E- 6th Av~ ~. l L' I ,~~~ ~~~-=- " uSE 1.t!l. ~ve " ~epiieC "[:ii. , - , ~~~j1-. {/);--~ ,-- 'a - ~ cG .. z- I I.-- $;- __z=NW 4th .Ave.. ~ ~ ~ ::. 1)IE:7th trve- , i<if ( ,N~ve-- 'Iii 0" 'I --- - ::: -= ~~z-!>IE-.5t:h-Ave '-- W m' " - 5 .- - !2j ~I, -- <J--- ' ' 11 I I J "& I ~I .t>;). ,L W NE 4th:A~ :z; i enl ~, '-, ,; i - i Omi 0_1 o.i 0.3 0-4 0.5 CoDVrict.a C 1: "eB-200~ Micnlsofl: Co~_ antil~ is s~iM!.. AU ri:tJts I"&sl.~a ~:J/mww.m~osof''''~''''U''Htll er20:D4 NAVTEQ. AD ri;nareH~. Tr;is u..a ~ndudu i:lictma1ion taken wili'< p.ermi!sion tom ~nacr.:an au1hries ~ !-1:r"1ajesw!hot Q-.l*n et Right of CilnaOa Q-Cc;-yri;l-r.2:Q0.4 t:y 7-e.J.i,A"lfH NOrZA~ me. Alt f.gh:s. ra..-v.d. 27 rill ~~l_t?s COJPparison ~oac/1 Discussion of Adjustments Property Rights Transferred/Terms of Financing/ConditIOns of Sale All the comparables in this analysis involved the transfer of a Fee Simple Estate basis, with the buyers receiving full property rights ownership, We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the sales analyzed herein involved either market terms or cash to Grantor. Therefore, no adjustments were made, nor any cash equivalency performed. Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. No adjustments were required to the sales for this factor', Time or Changes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors, The sales occurred between March 2007 and January 2009. The commercial real estate market experienced a downward trend in values during this time period. Therefore, Sales 1 and 2 were adjusted downward for this factor. Sale 3 was considered to be reflective of the current market. Location All of the sale properties are located within the Subject neighborhood and no general location adjustments were necessary. Main Road Frontage The Subject Property does not have main road frontage. However, since it 15 situated just 80 feet east of Sea crest Boulevard, it has some degree of exposure to a main roadway. All of the sale properties have main road frontage and downward adjustments were required. Considering the Subject's exposure to Seacrest Boulevard, the 20% market-indicated downward adjustment for this factor was reduced to 15%. Building Quality The Subject building is of average quality CBS construction, All of the sales involved similar CBS structures and no building quality adjustments were made. 28 r,. Sales Comparison Approach Age and Condition The Subject building improvements were constructed in 1981 and were observed to be in good condition for their age. The Sale 1 improvements were similar to the Subject as to age and condition. Sales 2 and 3 involved improvements that were older than the Subject's and upward adjustments were applied. Land To Building Ratio The Subject Property has a land to building ratio of 5.51. Sales 1 and 3 have land to building ratios of 6.18 and 5.45 respectively, which are very similar to the Subject. Sale 2 has a significantly lower land to building ratio of 1.42 and an upward adjustment was made to account for this factor. Conclusion As can be seen on the comparable sales chart displayed earlier, the adjusted value indications ranged from $145.42 to $190.42 per square foot of gross air conditioned building area. All of the sales were considered to provide reasonable indications of value for the Subject. Sale 3, which indicated a value of $168.72 per square foot, was considered to be most similar to the Subject Property and the best comparable. Therefore, based on the preceding analysis, it is our opinion that the Subject Property had a Market Value of approximately $170.00 per square foot of gross air- conditioned building area as of March 23, 2009 or $180,000 as calculated below. 1,050 Sq. Ft. X $170.00 Per Sq. Ft. = $178,500 Rounded = $180,000 29 ADDENDA ENGAGEMENT LETTER dphsec ,~.. _ --." .... ,;"''''....,.l' - From: Sent: Te; Cc: Subject: Dan Hrabko [dph@cpwpb.con<, Monday, March 16. 200912.51 Pili 'Simon, Michaei dphsec@cpwpb,com:Joe lVierri:: RE: appraisal bid' Thanks Michael, We'll get files opened today and get startec Thanks, Dan Daniel P. Hrabko,MAI RZ 48 Callaway & Price, lnc. 561-686-0333-101 From: Simon, Michael [mailto:SimonM@bbfl.us] Sent: Monday, March 16, 2009 12:06 PM To: Dan Hrabko Subject: RE: appraisal bids Good Morning Dan: Thank you for your bid submission. Based on review of the proposals submitted, the eRA would like to award you with the project. The timeframe you specified, 2 weeksr is critical, CRA staff is presenting the results of the appraisals to the public during a community meeting specific to the ~~LK corridor. Please keep me informed as you move through the process, As the property located at 111 NE 9th Street is a single family home with a tenant, the following is the contact information for the current owner: Zamir Ulusoy - 954-793-3421; blenditurku@yahoo.com Please be aware that this property is zoned C2. This zoning should be considered in your analysis, If you have any questions or concerns, please do not hesitate to contact me, 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: Dan Hrabko [mailto:dph@cpwpb.com] QUALIFICA liONS rp ___ Qualifica~iQlJ.s f!.c!'QI_(;;b P.!i!3!bkt?1!"1A1: Professiona I Des; q nations \ Li censes\ Certification s Member, Appraisal Institute, MAl Designation #859S Florida State-Certified General Real Estate Appraiser RZ4f Florida Real Estate Broker BK0041778 Georgia Certified General Real Property Appraiser 2392L Commonwealth of Pennsylvania Certified General Appraiser GA001858 Professional Experience Callaway & Price, Inc., Principal, since 1992 Callaway & Price, Inc., Manager, 1988-1992 Callaway & Price, Inc., Fee Appraiser, 1980-1988 Fee Appraiser, Fort Lauderdale, Florida, 1978 - 1980 Realtor, Delray Beach, Florida, 1973 - 1978 Oualified As An Expert Witness Broward County, Florida Hernando County, Florida Martin County, Florida Monroe County, Florida Palm Beach County, Florida Polk County, Florida Los Angeles County, California Geographic Experience Throughout Florida Pennsylvania Georgia Caribbean North Carolina Education Bachelor of Business Administration, Florida Atlantic University Florida Atlantic University Graduate Level Courses: Research Methodology Urban Land Use Economics Real Estate Investment Analysis National Institute of Real Estate Brokers: Courses I and II - Income and Investment Analysis Society of Real Estate Appraisers: Course 101 - Introduction to Real Estate Appraising rp Qualifications Daniel P. Hrabko, MAI Education - Continued American Institute of Real Estate Appraisers: Course I-B - Capitalization Theory and Techniques Case Studies in Real Estate Valuation and Valuation Analysis and Report Writing Standards of Professional Practice Real Estate Investment Analysis Completed numerous seminars sponsored by the Appraisal Institute, Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers Teachinq Exoerience Adjunct Professor, Department of Industry Studies, Florida Atlantic University Courses Taught: Principles of Real Estate Real Estate Appraisal Income Property Appraisal Approved Appraisal Institute Instructor Valuation and Cost Approach Income Approach Parts I and II Sales Comparison Approach Organizations and Affiliations Appraisal Institute, Director, South Florida Chapter Appraisal Institute, Regional Ethics and Counseling Panel, Member Appraisal Institute, Region X, Representative American Society of Farm Managers & Rural Appraisers Association of Eminent Domain Professionals, Member South Florida Fair, Trustee Community Healthcare Purchasing Alliance, District 9, Board Member City of Delray Beach, Large Home Task Team, Member Palm Beach County Fishing Foundation, Member Greater Fort Lauderdale Board of Realtors, Member .. .. Qualifications Danie! p, fj!"'~QiiQt'1!1! STAI/;.9If, FLORIDA -.-- :: -,';. -.~'::-'--- -:;, - - ~-'- ~-, RH~~a=~~i b%:!' .~::~-~~",." WEST PALM 'BEACH '.',: n"3j40F ';;;;~~vi1i~ , DISPLAY AS REQUIRErfBY LAW CSARIiES. \If. DRAC-o , SECRETAR.Y lip Qualifications - Joe M. Merritt Professional Designations & Certifications Florida State-Certified General Appraiser RZ672 Professional Experience Appraisal Consultant, Callaway & Price, Inc., since 1982 Staff Appraiser, First Federal Savings & Loan Association, De/ray Beach, 1977 to 1982 Qualified As An Expert Witness Circuit Court of Palm Beach County Education Florida Board of Real Estate, Course I - 1977 American Institute of Real Estate Appraisers Courses: Course lA-l/S-1 - Real Estate Appraisal Principles, 1987 Course lA-2 - Basic Valuation Procedures, 1987 Standards of Professional Practice, 1992 USPAP Update Core Law for Appraisers, 1994 Appraisal Review - Residential Property Society of Real Estate Appraisers Courses: Course 101 - An Introduction to Appraising Real Property, 1978 Course 201 - Principles of Income Property Appraising, 1978 Narrative Report Writing Seminar, 1979 R-2 Examination, 1979 Gold Coast Professional Schools: U.S.P.A.P. Florida Law Update, 1996 Real Estate Finance, 1996 McKissock Data Systems: Uniform Standards of Professional Practice, 1998 Regression Analysis; The Appraisal Approach to the Future, 1998 Appraising 2-4 Family Residential Properties, 1998 Introduction to Environmental Considerations for the Appraiser, 1998 Factory-Built Housing, 2000 Automated Valuation Models, 2000 Uniform Standards of Professional Practice, 2000 Bert Rodgers Schools: Uniform Standards of Professional Practice, 2002 Florida Real Estate Appraisal License Law and Appraisal Board Regulations, 2002 Appraisal Research and Analysis, 2002 Sales Comparison Approach, 2002 Residential Subdivision Analysis, 2002 Neighborhood Analysis, 2002 Communicating the Appraisal, 2002 Bert Rodgers Schools: Federal National Mortgage Association, 2004 Real Estate Mortgages and the Law, 2004 FL Appraisal License Law, 2004 Sales Comparison Approach General Applications, 2004 -. Communicating the Appraisal, 2000: Residential Subdivision Analysis, 200L McKissock Appraisal School: FL Appraising the Oddball, 2006 Florida Appraisal Laws and Regulations, ZOCIc' FL Appraising FHA Today, 2006 FL National USPAP Update Equivalent, 200t FL Income Capitalization, 2006 Appraising\Consulting Expertise Agricultural Acreage Adult Congregate Living Facilities Apartment Buildings Automobile Agencies Automobile Rental Facilities Citrus Groves Commercial Buildings Condominiums (Individual Units & Discounted Sellouts of Total Projects) Country Clubs\Golf Courses Dairy Farms Duplexes Easements Eminent Domain Office Warehouses __Qualifications -:-, Joe M. Merritt Environmentally Sensitive Lands Financial Institutions High Tech Buildings Industrial Subdivisions Marinas Nursing Homes Office Buildings Residences Residential Subdivisions Restaurants Service Stations Shopping Centers Special Purpose Properties Vacant Properties (All Types Warehouses "'. ,'.' ,". '" ',.',...,' '. ,:., '1_, ".,,' sTATe,OF~FLoRIDA ... "z;-~.. ~~,"-i ,,-:",~-:;..:'..:. ..~(. ~~"}':;.~t..~. ,~;-' ,,-.; , I." "W".: .~l';:"\.o.'i' '''us 'JiBi(i'~:.nmPROF'B:sjIONAL, REGULATION .;!.' FLOlU!X'!JBAIl:'..ISS'ltATE',:API?RAISAL BD ' , ~: ... ,.t';L:};'~;i,::,:~!t)) ',~:'i,k~v '. ..?~;~,., ",' SEQf#t.08102701372 }GII411:3~64Ji ':;~l~r Aff,~~ ,I. ;.~(~~ ~ ..;::-~ . ,. i 0" 27' . :i 0'08:' 0 Ifa'103'3 i/Ci~,~ a.zs" 2{:<k9;;:,.!.~{,>[~~~:t');,,==" i=e~~~;f~~~~~~g;~J~~S~;!)t~,:;?':'f: ;;, ' lInder,1 tlie p'ioVi'8ion8' lot;, Chap.t'lIlt<' '..t5.~' FS . ....?~~M~~.::~ 201~0':\~~~iV""" , a6~N5(73EXG}r:" ., FL' 31435:, , ' CHARLIE. CRIST GOVBRN()R' , .1 . . 'I': ~~; ., ':-"'~ .;:' .~b::i' ':;'.' '.: ~~,::.;"A~(i;~ C Oi5PLAY.A$'ftEQUIRED BY LAW CHARLES W. DRAGO SECRETARY ~~~C!Y~T2~IC. .. .... Ii East Side-West S",de-Seas"lde Renaissance eRA BOARD MEETING OF: April 14, 2009 I Consent Agenda I X I Old Business I I New Business Public Hearing Other SUBJECT: Presentation of FY 2008-2009 Budget Update SUMMARY: · It was requested at the March 10,2009 CRA Board Meeting that a budget reforecast be presented at the April meeting. · See attached minutes from March 10,2009. FISCAL IMP ACT: Provides the CRA Board the opportunity to review the Agency's budget and forecast for remainder of the fiscal year. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: N/A ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board MeetingsI4-14-2009 MeetinglBudget Forecast.doc Meeting Minutes Community Redevelopment Agency Boan Boynton Beach, Florida March 10, 2009 Motion Mr, Hay moved to approve the Consent Agenda less the items pulled. Ms. Ross seconded the motion that unanimously passec Item C Approval of Period-Ended Februarv 28, 2009 Financial Report Vice Chair Rodriguez requested the budget be reviewed. Susan Harris, Finance Director, advised there were some substantial changes. The February 28, 2009 report did not reflect transfers for debt service and the project fund. There were bills from the Police payroll that she had not yet received. Approximately 42% of the budget was spent over five fiscal months. The early March report showed exactly 58% left. The revenue line item would be short on investment income, which was the interest earned on monies in the bank. The Community Redevelopment Agency would be short $50,000 in revenue necessitating a reduction in expenditures. The marina audit was ongoing and the budget would be short due to fuel sales being less than expected. At the end of the year, the marina expenses would likely balance. There may be $25,000 in the line item, provided unanticipated events did not occur. Department operating expenses were anticipated to realize a savings, as well as the insurance and another line item. Ms. Harris reforecast the budget each quarter and would provide it at the April meeting. The Holiday Parade expenses were budgeted at $30,000. The expenses were not reflected in the Project Fund as opposed to the General Fund, Motion Vice Chair Rodriguez moved to approve Item C. Mr. Weiland seconded the motion that unanimously passed. F. Approval of Sponsorship from Panera Bread Vice Chair Rodrigeuz requested clarification of the item. Ms. Biscuiti explained at a prior meeting, staff was directed to bring prospective sponsors forward. Panera Bread was interested in supplying product at the events and a cash donation. She clarified at this time, she did not know how much money would be donated but she wanted to obtain approval ahead of time. Vice Chair Rodriguez explained the language was the Board would accept donations, contingent on Board approval, when the actual monies were provided. 3 Boynton Beach eRA Bud et Summa - Project Fund T Budget vs. Estimate 2008-2009 2008-2009 Positivel Ne ative Fundln Sources YTD Estimate Amount % Misc. Income $ $ $ (300,000) -100% County grant paid directly to City Interest Income 4,138 5,000 5,000 0% Event Income 12,066 12,066 12,066 0% Remaining Bond # 2 Proceeds 500,000 182,282 500,000 0% Transfers In from General Fund 6,171,419 1 ,542,855 6,171,419 0% Total Revenues and Transfers In $ 6,971,419 $ 1,741,341 $ 6,688,485 $ (282,934) -4% Ex enses 2008-2009 2008.2009 Operatlna Expenses YTD Estimate Professional Services - Legal $ 2,564 $ 50,000 $ Professional Services - Development 66,684 300,000 Contingency 90,000 Subtotal 69,248 440,000 25,000 Capital Outlav Land Acquisition 650,000 650,000 0% Land purchase from City Construction In Progress - Marina 2,000,000 81,212 2,000,000 0% Site Work and Demolition Fees 75,000 7,720 75,000 0% MLK Project 1,066,279 1,066,279 0% SE Fed. Hwy Corridor Water Main Stormwater & 300,000 300,000 100% County grant paid directly to City Roadway Improvement Programs (4th St.) Subtotal 4,091,279 88,932 3,791,279 300,000 7% Affordable Housina RIP - Residential Improvement Program 160,000 160,000 0% Applications in process HAP - Homebuyers Assistance- Bond #2 300,000 182,272 300,000 0% HAP - Affordable Access Program 400,000 150,000 400,000 0% RTG Homebuyers Assistance Subtotal 860,000 332,272 860,000 0% Economic Development Proarams Commercial Fac;ade Grants 75,000 15,000 75,000 0% Transportation - Trolley 734,795 322,850 734,795 0% Subtotal 809,795 337,850 809,795 0% Proiects and Proarams Special Events 270,000 88,548 270,000 0% Police Budget 475,345 188,023 475,345 0% Subtotal 745,345 276,571 745,345 0% Total Expenses $ 6,971,419 $ 1,104,873 $ 6,646,419 $ 325,000 5% Surplus (Deficit) $ $ 42,066 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Bua. <1s\2008-2009 Budget Files\GF & PF Budget Refarecast 04-07-09 I REVENUES Tax Increment Revenue (T.IF) r ax I ncrement Revenue (T ! F ! , , Ie'! i r Marina Rents & Fuel Sales Marketing Income 'nterest Income Total Revenues Other FundinQ Sources Fund Balance Appropriation Total Revenues & Other Funding Sources I EXPENSES Department Name CRA Board Executive Department Finance & HR Departm8nt Planning Department Marketing & Communlcat!Ofl:', ;)e", Special Events Department Sub-Total Other GF Expenses Insurances Professional Services Buildings & Grounds Marina Operations Information Technology CDntingency Sub-Total Total GF Operating OperatinQ Transfers Out Transfer to Debt Service Fund Transfer to Project Fund Transfer to Project Fund - Marina Transfer to Project Fund - Redevelopment Projects Total General Fund Expenses and Transfers Out Surplus (Deficit) Boynton Beach eRA Budget Summary - General Fund T 3,400,000 3,400,000 3,400,000 0% $13,052,500 $12,112,922 $12,478,400 $(574,100) -4% Budget vs. Estimate 2008-2009 2008-2009 Positivel Ne ative YTD Estimate Amount % $ 4,535 $ 16,200 $ 700 4% 89,238 274,202 425 0% 64,983 196,751 245 0% 91,487 267,426 (2,000) 1% 55,486 172,009 934 1% 42,074 126,790 25 0% 347,803 1,053,378 329 0% 115,470 82,428 101,214 14,256 12% Old High School Refund 485,000 152,848 440,000 45,000 90~ Legal Expenses 496,210 162,881 468,840 27,370 6% Reduced emergency maintenance 1,287,500 382,309 900,000 387,500 30% Reduced due to lower sales 62,120 17,202 68,120 (6,000) -10% Electronic Agenda 314,493 313,493 313,493 1,000 0% 2,760,793 1,111,160 2,291,667 469,126 17% $ 3,814,500 $ 1 ,458,963 $ 3,345,045 $ 469,455 12% 2008-2009 YTD $ 8,300,000 2008-2009 Estimate $ 8,300,000 (150,000) 900,000 3,400 25,000 9,078,400 Budget vs. Estimate Positivel Ne ative Amount % $ 0% (150,000) N/A Potential true-up to City & County (387,500) -30% Fuel sales down 30% YTD (11.600) -77% Reduced trolley ad revenues (25,000) -50% Lower Interest rates (574,100) -6% $ $ (104,645) $12,583,045 $(469,455) -4% nFINANCE\01 FINANCIAL OPERA TIONS\Yearly Operations\Budget Files\2008-2009 Budget Files\GF & PF Budget Reforecast 04-07-09 1,287,500 15,000 50,000 9,652,500 385,860 3,400 23,662 8,712,922 -'l $ 3,066,581 2,771,419 2,000,000 1,400,000 $ 3,066,581 2,771,419 2,000,000 1,400,000 $13,052,500 ~~~~Y~Te~ eRA . East Side-West S",de-Seaside Rena",ssance eRA BOARD MEETING OF: March 10,2009 - TABLED February 10, 2009 and TABLED March 10, 2009 I I Consent Agenda I X I Old Business New Business Legal 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 eRA Attorney's research to see ifthis item was covered under the police fund that assisted non-profits. Please see his response in the attached email. This item was tabled again at the March 10,2009 meeting pending a review of the CRA's budget. 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 IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS: Option 1: Approve the $10,000 request from the current year's budget's Insurance line item surplus and upon completion ofthe project, require the Arts Commission to provide the CRA Board with a one page report and photo gallery demonstrating the project benefits/outcomes Option 2: Defer request and include for consideration in CRA's FY 2009/2010 budget Option 3: Do not fund the Graffiti Art Project Q.. Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\Graffiti Art Program.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 10, 2009 Mr, Suss inquired if the any consideration was given to the fuel pumps and the no wake zones Staff responded the Police were present it was monitored Attorney Cherof advised Exhibit A of the Schedule of Rates and Director Costs contained an unusual provision that "in cases where overtime work IS performed by hourly paid employees, it shall be billed at time and one half" He advised the provision was not ordinarily found in this type of agreement and recommended it be stricken. Regarding the General Conditions to the agreement, Exhibit B indicated if there were any dispute, it would be resolved in the courts of Orange County, Florida. Attorney Cherof recommended changing the language to reflect it would be resolved in the courts of Palm Beach, Florida. Motion Vice Chair Rodriguez moved to approve with the elimination of the time and a half and the removal of Orange County and to include Palm Beach County. Ms, Ross seconded the motion that unanimously passed, Mr, Hay commended staff for the outstanding job they did with the redevelopment plan He requested staff maintain the same level of enthusiasm for the projects in the Heart of Boynton. E. Consideration of Request for Funding the Graffiti Art project - TABLED February 10, 2009 Motion Ms, Ross moved to remove from the table. Mr. Hay seconded the motion that unanimously passed, This item was tabled last month pending Attorney Cherot's research for a funding source. His research indicated funds for the project were not an option Debby Coles~Dobay, Public Art Administrator, explained the mural was a great project for the Community Redevelopment Agency because it involved the Heart of Boynton Community, She provided details about how and where the funds would be spent Information on the Philadelphia project, which was a similar effort, was distributed Vice Chair Rodriguez felt funds should be taken from the special events line item as opposed to contingency, Mr. Hay felt the expenditure was not appropriate at the time Ms. Harris confirmed there was $1,600 left in that line item and there would be a surplus but it was unknown what the surplus would be. She did not think it would be prudent to use the funds at this time, There was discussion the project was more of an initiative as opposed to an event. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 10, 2009 Motion Vice Chair Rodriguez moved to approve the item using the Special Events line item budget. The motion died for lack of a second. Ms, Ross expressed the Community Redevelopment Agency was unable to fund the Heritage Festival and she was concerned. Ms. Bright responded they provided $5,000 to fund the activities that typically occurred during the Heritage Fest, which was the Family Fun Day, It was noted the Family Day at the Sims Center was upcoming. There were unencumbered funds in the budget. Vice Chair Rodriguez pointed out, the Board does not approve $10,000 projects; but approves 20 - $500 projects as recommended by the Director, which was not fair. Ms. Ross noted the Dumpster Art program was approved, Ms. Bright clarified the Arts Commission budget was reduced. She indicated the item was at the discretion of the Board, Since the budget would be reforecast, there was consensus for staff to see if they could find the funds for this project. Motion Vice Chair Rodriguez moved to table, Mr. Hay seconded the motion that unanimously passed. F. Discussion of Community Redevelopment Agency Owned Property Located at 201 NE 1 st Avenue Mr, Simon explained the item was a discussion item, It was the Vice Chair's understanding the Community Redevelopment Agency purchased the home and that it would be demolished for parking when the owner vacated. Vice Chair Rodriguez indicated Mr, Blasie had advised him the Community Redevelopment Agency was redeveloping the property, which was contrary to what he was told. The Downtown Master Plan was approved and the June 12, 2007 meeting minutes were referenced. Mr. Simon explained the intent of the purchase was for parking, but not at the immediate moment. The acquisition was to be land banked, The land would be paved and the home moved to another parcel. The property was part of the Town Square Plan, which included an Art and Historic District along Ocean Avenue, The structure was on the City's historic preservation list, had not been updated, and was original. The home could be clustered with other old 15 Microsoft Outlook Web Acc,",,' '*" Reply . ~ Reply to all -... Forward -J _ + l'" Close .:. Help ,jt You forwarded this message on 3/3/2009 10:24 AM. From: Cheraf, James Sent: Mon 2/23/2009 10:51 AM To: Coles-Dobay, Debby Cc: Bressner, Kurt; LaVerriere, Lori; Lejeune, Carisse; Swanson, Lynn; Prainito, Janet Subject: Attachments: RE: Graffiti funding resource View As Web Palle. I have researched this suggestion and dIscussed it 'with the Folice r:hlei 0 I' the proposed use of forteiture funds would sat Isfv the stat1Jtnry requiJFllIent ()!" e~..; r; .i t- ha 1 ~nr-'o:- Such proceeds and interest earned there from sha~~ 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 externa~ defibrillators for use in ~aw enforcement vehicles, and providing matching funds to obtain federal grants, West's F',SoA 5 932.7055 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. 5 932,7055 -----Origina1 Message----- From: C01es-Dobay, Debby Sent: Monday, February 23, 2009 10:05 M~ To: Cherof, James Cc: Bright, Lisa; LaVerriere, Lori; Swanson, Lynn Subject: Graffiti funding resource Jim, You were going to investigate about a possible presented to the CRA board February 10, 2009. to this type of project? I don't know when it funding source for the Graffltl art projecl Have you looked into this cind can the fundH might be brouqht back ~Q ~he ~RA board. I ha I =jDr) i ' Debby Coles-Dobay Public Art Administrator City of Boynton Beach Art in Public Places http:// 172 ,22,O.120/exchange/ Paqe ! Microsoft Outlook Web Access 3/3/09 10:32 AM ,I Enriching our Community though Public Art '00 E. Boynton Beach Boulevard Boynton Beach, FL 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 Board Boynton Beach, Florida February 10, 2009 b 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 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 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 Cherof'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 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 eRA Board Attorney None XVII. Comments by eRA 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 MLK 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) February 27, 2009 en c m c.. m o -i -i Om ~~ -is: :J:"tII m. 3:m mO 0"11 3::g c_ enz --i Pm :J:C ~~ Q. en. o :IJ en "U o :IJ -i en - February 27, 2009 - CLOSE UP OF GRAFFITI MURAL WALL EXAMPLE OF GRAFFITI MURAL WALL IN MUSIC THEME 1 I . - ALL IMAGES ARE EXAMPLES ONLY. ACTUAL MURAL CONCEPT IS YET TO BE DETERMINED. It... MURAL COST EVALUATION Various murals and their associated costs. None of these mural projects included working with the (.... community, demonstrations or teaching sessions. 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 FYl:L MURAL 1 e !I, ! , , ~~ ~._....-;';::-'.1: __--:. ... ---:~ II .' : , " .- " -'~ ..~. ~,~ ~ ._.-''' . . _ t _.... "'"' :' _~.' i'>--"~'~.:~L>~A:("'::: . ...- - - .~ ~.~~f~;:">~ ( J ~ (' I i;' ~~ :lo , ~"~ - "" 1 '1 FULL MURAL ,,1 il " '\ ;!r~'('-;;/J ;~. ~.l f 1 ... '~J;-J ~,- 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 a_a . (' 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 "Delray Progress," named by artists Andrew Reid and Carlos Alves "Del ray 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 eRA BOARD MEETING OF: April 14, 2009 I I Consent Agenda I I Old Business I X I New Business Legal Other SUBJECT: Consideration of Amendment No.3 to Kimley-Horn Continuing Contract SUMMARY: The CRA has the design and engineering firm, Kimley-Horn under continuing contract (see attached). Under the continuing contract is an amendment for a scope of work and fee schedule to design 100% plans for streetscape improvements for Seacrest Blvd. from Boynton Beach Blvd. north to the C-16 canal. Amendment No.2 to the Agreement (see attached) was to be for work associated with the potential narrowing of Seacrest Avenue. After input from the community, the CRA ceased work on this aspect of the project. However, there is an open Purchase Order for Amendment No.2. Recently the project was awarded $1.9M of ARRA funds for the project by the Metropolitan Planning Organization. The FDOT is administering the ARRA FHA funds and therefore is requiring that the project conform to FDOT rules and procedures even though Seacrest is not a State or Federal road. Therefore, the scope of work for the engineering/design consultant must be expanded to include the work necessary to make the project conform to FDOT's rules. The attached Amendment No.3 addresses the expanded scope of work. However, there is no additional charge to the Agency as Amendment No.3 will supplant Amendment No.2. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Beach Community Redevelopment Plan RECOMMENDA TIONS: Approve Amendment No.3 with Kimley-Horn Vivian L. Brooks Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\4-14-2009 Meeting\KH Work Order 3.doc AMENDMENT NUMBER 3 TO THE AGREEMENT BETWEEN THE BOYNTON BEACH eRA AND KIMLEY-HORN AND ASSOCIATES, INC AMENDMENT NUMBER 3 DATED April 6, 2008 to the agreement between the Boynton Beach CRA, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated August 14,2007 ("the Agreement") concerning Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal), (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Boynton Beach CRA: KIMLEY-HORN AND ASSOCIATES, INe. )AA--~ By: '~an M~tleh, P .E. By: Title: Title: Proiect Manager Page 11 K:\BCD _ Roadway\04) 116000~se8O'cs\blvd\KHA FilC!\Conlnd\Fecs\20090406 _ SAN3 _lAP_ StimlllU$\PI'L _ :lQot I 00l_SAH3 _LAP _Slimulus_S~ l\.1HM.doc 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enqineerinq - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-ways and easements 4. Traffic Enqineerinq - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enqineerinq - design, construction and/or construction administration of improvements to the CRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT a'nd CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 DESIGN AND PROFESSIONAL SERVICES AGREEMENT /" THIS IS AN AGREEMENT ("Agreement"), entereo Into this cilday of l Ii) A)v _ , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and Kimley-Horn and Associates, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT '. WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional seNices work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional seNices and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such seNices, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional seNices in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 3 8. The CRA agrees to designate, wnen necessary, a representative who shall examine the documents submitted hv trle CONSULTANT and shall render decisions pertaining thereto promptlv 1(1 ovoid Ullreasonable delay in the progress of the CONSULTANTS serVICE" 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed 1, Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work,) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the eRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be increased unless there is a change in the Scope of WORK 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1 . The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. c. Amount earned. d. Amount previously billed. e. Amount due this invoice. 1. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. 5 9, AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING! ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shalf return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the taws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 8. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy (: of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall specify: Retro date - Full prior acts coveraqe applies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT 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. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either 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 either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA 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. d. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton' Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured 7 endorsements provide coveragE:' on a primary basis e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver Subrogation for each required policy. When required by the insurer, or should c policy condition not permit an Insured to enter into a pre-loss agreement to walYf::- subrogation without an endorsement, then CONSULTANT 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 CONSULTANT enter into such em agreement on a pre-loss basis f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, 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 life of this Contract. CRA 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 legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. ," 14. HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. ENTIRETY OF AGREEMENT. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 9 20. COUNTERPARTS. This Agreement may be executed In one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex. age or national origin, 23. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. If I 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, eRA Executive Director /9- Boynton Beach Community Redevelopment Agenc~J r-- ~ .e@B c. 8veall Avc.'-Eltlitd ~ WS' S. FeD8{i!~ Ilfwy. Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: Kimley-Horn and Associates, Inc. A. Russell Barnes, III, P.E. 5200 N.W. 33rd Avenue, Suite 109 Ft. Lauderdale, Florida 33309 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. 11 By authontv of the CRA Board ! :. -t \_ /'c.- . '-- --" BOYNTON BEACH COMMUNIT' REDEVELOPMENT AGENC" By j ":!#~ ~'> ___ Print ~me: __~ . \/Z/i ' .:. Its: Chairperso)l / _. Date: _ _______~__~~2k= . WITNESS: WITNESS: o~L CONS~~.TT~AJ>I~ . .... ley-Horn and ASSO~~Z'. / .; V -' B '" y: ~,. Print Name: __ K-v.f,:;e.,,/I .DArNe;Ls.- Its: P'-INC.rtl Date: '" / I" 1I ----~~ \ RUOMMEND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: -. -if- ('. ,j L\ ~ ~x~cutive Director (~ )) ~J , , .\~ . ~bjl.\(f!1J--{ eRA Att ey 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Continuing Contract - Design & Professional Services Kimley Horn,doc 12 AMENDMENT NUMrnER 2 TO THE AGREEMENT BETWEEN THE BOYNTON BEACH eRA AND KIMLEY~HORN AND ASSOeIATES, INe. AMENDMENT NUMBER 2 DATED October 1, 2008 to the agreement between the Boynton Beach CRA, ("Client") and Kimley-Hom and Associates, Inc., ("Consultant") dated August 14, 2007 (lithe Agreement") concerning Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal), (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the tenns and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Boynton Beach CRA: krf?7~ u::: 'tkrr7 ~ />r Title: L!,c/d &a--J Ch'Arl"',..n~'" ~EY -HORN b-ND ASSOCIATES, INC. / /C ~i/ /' ./" \.' -. , .. . -.:> :~67>1 -: _ Ij <) - - By:'Michael Spruce. P.E. Title: Vice President Exhibit A to Amendment Number 2, datec October I, 2008 Consultant shaH perform the following Additional Services: Consultant will coordinate the processing of the comprehensive plan amendment change with Palm Beach County for the narrowing of Seacrest Boulevard from 5 lanes to 3 lanes. Consultant will meet with Palm Beach County, the Florida Department of Transportation, and the Client to coordinate the effort. Consultant will develop conceptual roadway design plans for the 3 lane alternate and coordinate that effort with Client and Palm Beach County. The services currently authorized to be performed by Consultant in accordance with the Agreement and previous amendments, if any, shall be modified as followed: The following tasks shall be added: Task 1 - Pre-Apylicatioll Meet;n/;! KHA will attend one pre-application meeting with the Palm Beach County Traffic Division and Palm Beach County Planning Division at their offices. The goal of this meeting is to determine the parameters for analysis of the proposed narrowing of Seacrest Boulevard with respect to other roadways in the vicinity, The application ofthe FSUTMS model, the assumptions in the model, use of existing counts, capacity assumptions, growth assumptions, and future land uses are among the topics to be discussed. Representatives from the Florida Department of Transportation (FDOT) will be invited to express their requirements for analysis ofFDOT facilities. Task 2 -Analvsis The scope for this task is dependent upon the results of the pre-application meeting in Task 1. However, it is expected that the following analysis will be required. The FSUTMS model will be run with the subject portion of Seacrest Boulevard as 5 lanes (existing) and 2 lanes plus turn lanes (proposed). If it is desired to change the land use of adjacent parcels of property in the proposed scenario, these uses will be modified per data to be provided by the CRA. A growth rate will then be applied to roadways in the study area. The models will then be compared to determine the percentage change in roadway volumes due to the Seacrest narrowing. These proposed roadway volumes will then be compared to capacities. A report will be prepared to document the analysis. Task 3 - Staff ReDor! Assistance KHA will assist the Planning Division in preparation ofthe staff report required for the public hearing process. Task" - Meet;nes and Hearinfls KHA will attend up to two follow-up meetings with Palm Beach County to discuss the results of the report. KHA will attend one meeting with FOOT to discuss their issues and concerns. KHA will attend the following Palm Beach County public heat'ings: Land Planning Agency (LP A) Transmittal, LP A Adoption, Board of County Commissioners (BOCC) Transmittal, BOCC Adoption. KHA will attend County Commissioner meetings at your request. bt addition, KHA will attend two coordination meetings with the Client. Task 5 - Coordination. Exhibits and Meetings For Conceptual Des;tm KHA will coordinate and attend a limited number of meetings with the client, CRA Board, City staff, County and other agencies. Meetings, exhibits and coordination will be limited to the budget specified for this task. Additional meetings and coordination beyond the set budget will be provided as additional services. This task includes preparation of miscellaneous preliminary exhibits for meetings including preliminary roundabout designs. The scope however doesn't include final design geometry for the project. KHA will also provide one opinion of probable construction cost for the proposed 3 lane alternate. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of detennining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. Consultant and Client agree to the following general schedule in connection with the Additional Services set forth above: Consultant shall prepare a draft of the analysis prior to the first Land Planning Agency hearing in February 2009, Consultant shall prepare concept plans based on a mutually agreed upon schedule. For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: Consultant will provide the Scope of Services on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment Direct reimbursable expenses such as express delivery services, fees. air travel, and other- direct expenses will be billed at 1.15 times cost. An allocation amount of 5% will be added to each invoice to cover certain other expenses such as in~house duplicating. local mileage. telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based 011 the actual amount of service perfonned and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. For planning purposes the fee will be as follows: Task 1 Through Task 4 - Engineering Services (hourly basis) $31,000 Allocation $1,900 Computer Expense Estimate $900 Task 5 - Coordination, Exhibits and Meetings For Conceptual Plans (hourly basis) $14,500 Allocation $1,400 Computer Expenses $1,900 Total (hourJy services) $51,600 :J=~ Kimley.Horn and Associates, Inc. July 12, 2007 Ms. Vivian Brooks Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Re: Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal) Proposal for Professional Consulting Services Dear Vivian: After our successful selection to provide design and professional services for the Boynton Beach CRA. Kimley-Horn and Associates. Inc. (KHA) is pleased to submit this proposal to complete the design and permitting of Seacrest Boulevard. To date our services have included the development of 30% design documents from Boynton Beach Blvd to MLK Boulevard. These documents have defined the proposed roadway cross section, identified proposed planting materials, and defined the proposed median openings. The CRA has now requested that we continue our efforts and move the project forward by completing the current design. adding an additional segment between MLK Boulevard to the Boynton Canal, and improving the area behind the back of curbs with new sidewalks, landscaping. and street lighting. 1 have attached the aforementioned scope and fee for your review and comment. We look forward to continue working with you on this exciting project. Cordially, ASSOCIATES, INC. 111 TEL 954 535 5100 FAX 954 739 2247 If Suite 109 5200 NW. 33Id Avenue FI. Laud8lllale, FloIiIa 33309 ""'I-fY", -'ko.l.) ':tmlev-HClfi, arC! Associates, !nc KnY1nnn iil' . ;Oli':, Pat::,~ 1 SCOPE OF SERVICES Tasll. 1 - Additional Survev 1.0 Sea crest Boulevard The consultant shall obtain additional survey information that identifies the topographic features of NW 5111 Court and NW 91h Court for one block west of Seacrest Boulevard, This survey will be utilized for the design of the road closures at these locations. Additionally, the consultant shall obtain the additional topographic survey for the Seacrest Boulevard right-of-way between MLK Boulevard and the Boynton Canal. These surveys will include the location of surface features, inverts and locations of stonnlsanitary structures Task 2 - Construction Documents (60% and Final) Based upon the approved Design Development alignment (30% plans), the Consultant will proceed with construction documents (60% plan sets). Upon review and approval by the CRA, the Consultant will proceed to Final Construction Documents. Construction documents for each roadway will be developed separately and may include the following: 2.1 Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet will be provided, 2.2 Survey Sheets Survey sheets detailing survey information obtained for the 30% plans with the additional survey required in Section 1,0 of this proposal will be provided 2.3 Storm Water Pollution Prevention Plan A stoml water pollution prevention plan shall be provided, 2.4 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. 2.5 Plan and Profile Sheets HOlizontal alignments and geometric improvements will be detailed on the' plan sheets. Proposed mainline and cross street veliical profile grades will be detailed on the plan sheets, ~J=~ Kimley-Horn and Associates, Inc. Bo)'mon Belich CR^. July 10.2007. Page, 2.6 General Notes General notes defining the basis of design and construction requirements will be provided. 2.7 Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts wiII be provided as outlined within the approved Design Development submittal. Included wiII be the mainline layout of the irrigation system for the project. Details of hardscape elements will also be provided. In addition to the current plans, the CRA has indicated that they would like to have additional landscape trees, sidewalks, and lighting added along both sides of the roadway. 2.8 Intersection Improvements There is one intersection that wiII be improved as part of this project; Seacrest Blvd and NE lOth Ave. The geometry of this intersection will be evaluated and enhanced where necessary. Aesthetic improvements will also be developed. 2.9 Miscellaneous Construction Details These sheets will provide construction details, which are not included in the Florida Department of Tmnsportation Standard Indexes, or City of Boynton Beach details. 2.10 Signing and Pavement Marking Plans Construction plan sheets indicating typical signing and pavement marking applications to be applied within the project limits will be provided in the plan set. Construction Plan set summary of estimated sheets: Seacrest Blvd. Cover Sheet 1 Survey Sheets 5 Typical Sections 1 SW3P Plan 5 Plan and Profile Sheets 5 (Roadwav) General Notes 1 Miscellaneous I Construction Details Signing and Pavement 5 Markin~ Plans Landscape Horizontal 5 Control Plans Intersection and Area 3 "'J-... "' .. _r Kimley.Horn and Associates, Inc. Boynlon Belich CR.^' July 10. 2007. Page 4 "---, I I Enlargements . Irrigation Plans and , Details Electrical Street . Lighting Plans I ---1 Total Number of Sheets 40 .__m.J The Consultant will provide 5 copies of the construction document plan sets to the CRA for distribution to the appropriate departments for their review at the 60% submittal. After sufficient review time, a meeting will be scheduled with CRA to review the final design plans and then proceed into final design. Any modifications to the plans after the 60% submittal by the CRA will be completed as an additional service. Task 3 - Specifications It is intended that the Florida Department of Transportation techmcal Specifications be used for this project. Supplemental Technical Specifications will he prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the CRA for review and approval. Task 4 - Permit Submittals All permit fees will be paid directly by the eRA and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria afler our initial design is reviewed with each appropriate agency and simjlar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvements from the following agencies: 4. J South Florida Water Management District (SFWMD) 4.2 Florida Department afTransportation (FDOT) 4.3 Palm Beach Count)' Engineering 4.4 Boynton Beach Engineerillg Task 5 - Public Meetings and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the abov~ tasks. The consultunt shall prepare graphics for and present the plans to the eRA board ut the completion of the construction documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. CJ=~ KimJey-Horn and Associates, Inc. Boynton Ileath CRA. July 10. 2007. Page 5 Task 6- Limited Construction Phase Services (12 Month Duration) 6.1 . Attend Project Meetings The Consultant will attend one pre-construction conference meeting and one progress review meeting per month. The intent of the progress review meeting is to address questions that have developed regarding the construction documents and assist with assessing the project schedule and progress. 6.2 - Review Shop Drawings The Consultant shalI review and approve or take other appropriate action in respect to Shop Drawings (as that term is defined in the General Conditions of each construction contract) and Samples and other data which the Contractor is required to submit, but only for confonnance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Engineering services are not included in this proposal for private utility shop drawing review. The Consultant shall evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicablq standards of state or local government entities. Additional, the consultant shall attend meetings with the contractor to review the proposed landscape material at nurseries. During these meetings, the Consultant shall apply a tag on the plant material that the contractor shaH install along the project corridor. This effort shall be limited to three days. 6.3 Resident Project Representation A Resident Project Representative ("RPR") shall be furnished by the Consultant and shall act as directed by the Consultant in order to assist the Consultant in observing performance of the work of the Contmctor(s). The duties, responsibilities, and limitations on the authority of the RPR and assistants will be in accordance with the sections of ElCDC Document No. 1910-1 (1996 Edition) associated with this issue. The RPR shall visit the site for up to five (5) hours per week for up to fifty (50) weeks at the various stages of construction to observe the progress and quality of the executed work of the Contractor(s) and to determine if such work is proceeding in accordance with the contract documents for the construction of the improvements (the "Contract Documents"). The RPR shall not be responsible for the means, methods, techniques, sequences. or procedures of construction selected by COl1tractor(s) or the safety precautions and programs incident to the work of ~J. -If' ~ _r....... Kimley-Horn and Associates, Inc, iHV,fl(OtJ Bench ::':'RA juh l{}. 2007, rilgc 6 Contractor(s). The RPR's efforts will be directed toward providing the eRA with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. The RPR shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on-site observations, the Consultant shall keep the CRA informed of the progress of the work, shall endeavor to protect the CRA against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents. The ConsulLant shall perform the observations in accordance with the standard of care of the profession at the time of service The RPR shall prepare and submit monthly reports of the field visits describing the general working conditions, areas of construction activity, tests performed, and special and unusual events. 6.4 - Contract Administration The Consultant shall issue clarifications and interpretations of the Contrdct Documents to Contractor as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by CRA 6.S - Project Close-Out Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with CRA and Contractor, the Consultant shaH conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of the items with the exception of those identified on a final punch lis!. If after considering any objections of CRA, Consultant considers the Work substantially complete; Consultant shall notify CRA and Contractor. The Consultant shall conduct a final site visit to detemline if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. The Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. ~J=~ Kimley-Horn and Associates, Inc. l3oynlon BCilCh eRA. July 10.2007, Pal:\' 7 ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 6. These services may include but are not limited to such items as the following: . Preparation of right of way acquisition sketches or descriptions. . Significant redesigns of the drainage system to meet additional requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. . Making additional traffic counts or undertaking other traffic related analysis. . Traffic signal plans. . NE 2nd A venue Plans. COMPENSA TION We will provide the scope of services as described as outlined below. Basic Services Dump Sum Amounts Seacrest Boulevard $22,000 $130,000 $14,000 $28,000 3,000 $58,000 Task 1 - Survey Task 2 - Construction Documents Task 3 - Specifications Task 4 - Pennit Submittals Task 5 - Public Meetings I Presentations Task 6 - Limited Post Design Services Total $255,000 CLOSURE In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Design and Professional Services Agreement dated June 28. 2007 between Kimley-Horn and Associates, Inc. and the Boynton Beach eRA. If you concur in the foregoing and wish to direct KHA to proceed with the aforementioned services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the Consultant. II'J-n II!. _L' Kimlev-Hor and Assoc:aw, Horntonfkil\:h('RA Julv Ii '(tlli ~~a~~ We appreciate this opportunity to submit this proposal. Please contact me at (95,~ 535-5] 00 if YOU have any questions Sincere! \' AND ASSOCIATES, lNe. Agreed to this -.1 "'/ tl day of AlA (r~------' 200~ 1. Boynton Beach eRA By: /1 ~~_ c:;r- _____, Chairperson (Print or Type Name) ..-:.:r.;> ___ fttJlof)~r)v'::Z ~e 0 :nd_ed ACPPLroV~I: () (~^___ ()L... r;J-->)~, Executive Director ( rint or Txpe J>lame) [..1 jYrJ ?f, r J"-7 , Appn1vad to orm/~nd Legaysufficiency: ! 11 / / Vl v-.i'-______. eRA Attorney (Print or Type N mel/ ~............../~ C:\DOCll men Is and Sell ings \R usse 11. B a mes\M y I )ocumcn L,\,copclinalscJ('TCSlhl vd bbbtOC<loal. duc Exhibit A to Amendment Number 3, dated April 6, 2008 Consultant shall perform the following Additional Services: The scope of the project will be expanded as the Seacrest Boulevard improvements project will receive Federal stimulus money. The contribution of these Federal funds requires that the Florida Department of Transportation (FDOT) review and approve the project before it is allowed to be let for constroction. 1bis approval and coordination is directed by FDOT through their Local Agency Program (LAP) process which has certain requirements above and beyond the original scope of work. 1bis process requires the design consultant to provide additional design and coordination senrices but not construction administration services except for post-design services. It also requires the City to be LAP certified by FDOT in the project's category of work to allow the City to administer the proj ect. The services currently authorized to be perfonned by Consultant in accordance with the Agreement and previous amendments, if any, shall be modified as followed: The following tasks shall be added: Task 1 - LAP Coordination KHA will submit the project design plans to FOOT for their review and comment in accordance with the LAP process. Once comments are received from FDOT in the Electronic Response Comment system KHA will review the comments, coordinate with FDOT reviewers to resolve comments and provide written responses to all comments. Then KHA will revise the plans for one set of reasonable comments that are within the scope of the project. KHA will prepare a standard programmatic categorical exclusion environmental document in accordance with FOOT requirements for a minor project and respond to one round of reasonable comments by FDOT. KHA will provide the four specifications for off state highway projects to the City/ CRA for inclusion in their bid documents. KHA will attend up to 8 meetings with the City/CRA and 5 meetings with FOOT to coordinate the work. Consultant will provide services within a reasonable length of time in connection with the Additional Services set forth above: For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: As the original project scope changes to that of a LAP project, some items in the original scope which are part of the lump sum fee, such as providing periodic construction observation and some construction administration services will no longer be provided by the design consultant. Additionally, the processing of a comprehensive amendment change as stipulated in addendum No.2 will no longer be continued and therefore will not be provided by the Consultant. Therefore, Consultant will provide the additional Scope of Services for a lump sum amount comprised of the already approved lump sum amount of the original contract and for the fee amount of Addendum Page 12 K:\BCD _Road..~1176000_""""'bl><I\KfIA Ml<01Co."""'lFoos\20090406_SAIIl_LAP _S_\j'P~_200s1002_S,,"1_l.AP )lumalus_S"",... _MHM.doc No.2. However, SInce Addendum No.2 was a cost plus fee, it will be convene,] to lUmp sum fee by this addendun, Technical use of computers for design, analysis, GIS, and graphics, etc, will be billed at $25.00 per hour. DIrect expenses for outside printing will be billed at 1.15 times cos!. All pennitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incWTed, Payment will be due within 25 days of your receipt of the invoice Pagel3 K;\BCD _ Ro&dwoy.04) 17&OOOJ~e"lblvd\KHA File:;.\Contracr\fees\2C109O<106 _SANJ _LAt' _ Stimulus\l'P'l_ 20081002 _ SAl/3 _ UP_StimulUS _ SC$Cft:Sl_ MHM..doc