Loading...
Agenda 06-09-09 j ~ ~~~~Y~T2~lC RA iI 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, June 9, 20096:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Announcements & Awards: A. July 4th. Salute to Independence VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 12, 2009 B. Approval of Period - Ended May 31, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Latasha Norfus and Rakera Ramsey E. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to DaIlo, Glaiseda and Renel Bosquet F. Downtown Master Plan Update G. Approval of Donation from Town of Ocean Ridge for 4th of July VII. Pulled Consent Agenda Item~ VIII. Information Only: A. eRA Policing Activity Report for the Month of May, 2009, and District Statistics for the Months of April and May, 2009 B. CRA Police Arrest at Atlantic Lodge - South Federal Highway (Media Video to be shown) C. Boynton Beach CRA and Trolley Website Updates D. Complaint/Comment Log - Monthly Update E. Update on CRA Press Releases F. Economic Development Activity Report G. Artavox III H. Florida Regional Forum on The Nighttime Economy I. Update on The Preserve IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Heart of Boynton Strategies: 1. Strategy Matrix 2. Consideration of Contract with Michael Villamarin for the property located at 20 I NE 9th Avenue 3. Consideration of Contract with Jerry & Melody Brandom for the property located at 112 NW 10th Avenue 4. Consideration of Contract with Barbara Rudd for the property located at 306 NE 11th Avenue B. Budget Discussion 1. Consideration of Trolley Service Contract Renewal 2. Review of Community Care Rollover Allocation from FY 2006/2007 XII. New Business: XIII. Future Agenda Items: A. Resolution Recommendation for Brownfield B. Property Exchange Between CRA and City C. Status of Purchase ofNE 4th Avenue from CDC D. Consideration of Revisions to CRA Programs 1. Homebuyers Assistance Program (HAP) 2. Residential Improvement Program (RIP) 3. Commercial Fa9ade Program XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment ~;.. \v)~, """,. ..".,. ~~Cf:Y~T2~lC RA iii East Side- West Side-Seaside Renaissance ,. 8J!JjO S)fJa/J A~!O 03NN~OS 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 whicb the appeal is to be based. CRA Board Meeting Tuesday, June 9, 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. July 4th - Salute to Independence VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 12,2009 B. Approval of Period - Ended May 31, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Latasha Norfus and Rakera Ramsey E. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Dallo, Glaiseda and Renel Bosquet F. Downtown Master Plan Update G. Approval of Donation from Town of Ocean Ridge for 4th of July VII. Pulled Consent Agenda ltem~ VIII. Information Only: A. eRA Policing Activity Report for the Month of May, 2009, and District Statistics for the Months of April and May. 2009 B. CRA Police Arrest at Atlantic Lodge - South Federal Highway (Media Video to be shown) C. Boynton Beach CRA and Trolley Website Updates D. Complaint/Comment Log - Monthly Update E. Update on CRA Press Releases F. Economic Development Activity Report G. Artavox III H. Florida Regional Forum on The Nighttime Economy I. Update on The Preserve IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Heart of Boynton Strategies: 1. Strategy Matrix 2. Consideration of Contract with Michael Villamarin for the property located at 20 I NE 9th A venue 3. Consideration of Contract with Jerry & Melody Brandom for the property located at 112 NW 1 Oth Avenue 4. Consideration of Contract with Barbara Rudd for the property located at 306 NE 11th Avenue B. Budget Discussion 1. Consideration of Trolley Service Contract Renewal 2. Review of Community Care Rollover Allocation from FY 2006/2007 XII. New Business: XIII. Future Agenda Items: XIV. XV. XVI. XVII. XVIII. A. Resolution Recommendation for Brownfield B. Property Exchange Between CRA and City C. Status of Purchase ofNE 4th Avenue from CDC D. Consideration of Revisions to CRA Programs 1. Homebuyers Assistance Program (HAP) 2. Residential Improvement Program (RIP) 3. Commercial Fa9ade Program Comments by Staff Comments by Executive Director Comments by CRA Board Attorney Comments by CRA Board Adjournment v. ANNOUNCEMENTS & AWARDS: A. July 4th - Salute to Independence " .,.~\\ I",~- / /1""", ~;. ~ 4l~ , ,>....."". \ f '. ., "~~qY~T2~CRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Announcement of July 4th Salute to Independence. SUMMARY: . Salute to Independence, Saturday, July 4, 2009 . FREE EVENT beginning 6:30 to 9:30 p.m. at Intracoastal Park . A concert with Synthesis Band begins at 6:30 p.m. until 9:00 p.m. . There is a Patriotic Salute scheduled for 7:30 p.m. . At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky . Food and beverage vendors will be on-site . Park and ride the shuttle from Bank of America on the NE corner ofE. Ocean Avenue and N. Federal Hwy., the shuttle runs from 6:00 p.m. until 10:00 p.m. . No Pets or personal fireworks allowed in the park FISCAL IMP ACT: Cost budgeted in 2008/2009 from Project Fund Budget CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: None Ii. / 'l'- , . /~' . ,y /' ~Cu,~ Kathy Bisctriti Special Events Director G:\CRA Board\4th of July 2009 Agenda Item.doc Live music and spectacular FIREWORKS by 9:00 PM INTRACOASTAL PARK Federal Highway, South of Gateway Boulevard Eree Park & Ride from Bank of America Federal Hwy. & Ocean AV1;. SATURDAY, JULY 4 6:30 - 9:30 PM FREE ADMISSION GATES OPEN: 6:00 PM VENDORS ON SITE . i'.ase, NO pets or personal ~:per~: , .,. ,- ,- ,.~ For more infolltladon .n~..1.!...Z41 b~,d_":;""" """,. . ",', WWWi ;~7';;'~"""" '. ",:. ,:" ~.; 'i'" VI. CONSENT AGENDA: A. Approval of Minutes- CRA Board Meeting May 12, 2009 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, MAY 12, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Woodrow Hay, Vice Chair Jose Rodriguez Marlene Ross Ron Weiland Lisa Bright, Executive Director Jim Cherof, Board Counsel I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Vice Chair Hay offered the invocation, which was followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. Chair Taylor requested if any member of the Board had a problem with any activity, or was being disturbed by someone in the audience during the business meeting, to let him know. It was his responsibility to maintain decorum. It was discussed two wamings would be given and the third incident would result in removal. Much was contingent on the circumstances. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Ms. Ross moved to approve the agenda. Vice Chair Hay seconded the motion that unanimously passed. Mr. Weiland left the dais at 6:33 p.m. V. Announcements & Awards: A. Oceanfront Concert Series - Strictly Business - May 15th from 6-9 p.m. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florid, Mayi';:', 2009 Kathy Biscuiti, Special Events Director, announced this Friday was the last Oceanfront Concert. She advised it was a great year, with much dancing and good attendancci ne next concert would feature the Strictly Business Band, Female singer "Felicia' was appearing Parking was available onsite, and continuous trolley service was accessible at Banh of America beginning 5:30 p.rn. to 9:30 p,m, Food and beverages would be available She encouraged everyone to attend, The event was free Mr. Weiland returned to the dais at 6:34 p.rn Ms. Biscuiti highlighted the Artavox event being held on Wednesday, May 20,2009. The event would be held in partnership with all of the arts organizations in Palm Beach County and the City, and would take place in and around the Schoolhouse Children's Museum from 5:30 to 7:30 p.m. The event was outdoors, but the Museum would be open and would house displays, She invited all to attend. VI. Consent Agenda: A, Approval of Minutes - CRA Board Meeting April 14, 2009 B. Approval of Period-Ended April 30, 2009 Financial Report C Approval of Funding up to $20,000 from the Residential Improvement Program to Elizabeth Jenkins This item was pulled for discussion by Mr. Weiland, D. Approval of Funding up to $20,000 from the Residential Improvement Program to Steven and LaShanda Carty E. Approval of Funding up to $20,000 from the Residential Improvement Program to Leslie Harrington F. Approval of Funding up to $20,000 from the Residential Improvement Program to Willie Connor G. Approval of Funding up to $20,000 from the Residential Improvement Program to Edoris Maddox H, Approval of Funding up to $20,000 from the Residential Improvement Program to Urlich Phillippe I. Approval of Funding up to $20,000 from the Residential Improvement Program to Phyllis Dames J. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Enor Pierre-Louis and Widelaine Michaud K, Monthly Procurement Purchase Orders 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 L. Approval of Renewal of Lease for CRA office located at 915 S. Federal Highway This item was pulled by Ms. Ross. Motion Mr. Weiland moved to approve the Consent Agenda with the exception of Items C and L. Vice Chair Hay seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items: C. Approval of Funding up to $20,000 from the Residential Improvement Program to Elizabeth Jenkins Mr. Weiland inquired how often a homeowner can apply for the grant. Mike Simon, Development Manager, explained the Residential Improvement Program was a one-time grant and the Commercial Fa~de Grant was available as a one-time grant every three years. Mr. Rodriguez inquired if a business owner could redo what was already improved through the program. It was explained it was the Board's prerogative. Staff was reviewing the program to determine administratively what changes could be made to help the program. Conversely, staff was open to suggestions. It was decided further discussion of the program would take place during the budget cycle. L. Approval of Renewal of Lease for CRA office located at 915 S. Federal Highway Ms. Ross pulled the item to commend Vivian Brooks, Assistant Director, for successfully negotiating and decreasing their monthly rent by 17.5%. Ms. Brooks responded staff was reviewing the various contracts and arrangements they had to determine what they could renegotiate. For the record, it was noted Ms. Brooks saved the agency $8,400 per year. Motion Ms. Ross moved to approve. Mr. Weiland seconded the motion that unanimously passed. VIII. Information Only: A. CRA Policing Activity Report for the Month of April 2009 and District Statistics for the Months of March and April, 2009 B. Boynton Beach CRA and Trolley Website Updates C. Complaint/Comment Log - Monthly Update Mr. Rodriguez inquired if staff had an update on the Community Policing program. Ms. Bright responded Sgt. DeGiulio was dealing directly with Mr. Mctigue from the Heart of Boynton, and 3 Meeting Minutes Community Redevelopment Agency Boarc Boynton Beach, Florida May 12, 200~ would provide a follow-up on this item next month, At Mr Rodriguez's request, Ms Bright WOUI: also respond via email. D Planning and Development Board Meeting Agenda - April 28, 2009 E. Budget Information FY 2009-2010 F, CRA Press Releases G, Social Capital: The Second Tipping Point Chair Taylor noted he found the information in Item G very helpful and was glad it was included in the agenda. The information was from a planner/developer who discusses when planning to develop a community, the community and culture of it as a whole should be studied in order to determine its needs. Ms. Bright reported she had spoken with their representative and he would work with the Community Redevelopment Agency, speak with the Youth Violence Prevention participants and other youth groups over the summer, Ms. Ross also thought it was appropriate, especially since May was Mental Health Month. IX, Public Comments: (Note: comments are limited to 3 minutes in duration) Herb Suss, 1711 Wood Fern Drive, wanted to discuss the renegotiation of the Community Redevelopment Agency rent. It was explained that item was approved via the Consent Agenda, He inquired if the lease was signed because the staff had complained about foul odors in the office cause by decaying animals under the structure. Ms. Brooks responded the issue was addressed and due to the budget, staff did not feel it was the appropriate time to expand or use other space, Chair Taylor closed the public audience Old Business: New Business: IX. Old Business: A, Heart of Boynton Strategies - Community Committee Recommendations Vivian Brooks explained due to the demise of the MLK Corridor Redevelopment Project, staff was directed at the March Board meeting to develop a strategy in cooperation with the community on how to use the funds set aside for the MLK project. On March 31, 2009, there was a community meeting at the Sara Sims Center, and a sign-up sheet circulated inquiring if individuals would like to serve on a Community Committee. A spreadsheet was distributed to the Board reflecting the individuals who volunteered. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 The Community Committee determined that due to the fragmented ownership along MLK Boulevard, the project was currently not feasible because not all property owners would sell at the same time. It was not a near-term project. Quality of life initiatives were suggested to be the focus because without improving the quality of life, it would be difficult to ask Individuals to purchase homes or open businesses in the area. In regard to the MLK and Seacrest corridors, the community felt development should be phased where there was the greatest amount of assembled land. Combining Community Redevelopment Agency and City properties under one ownership was suggested as was continuing opportunity purchases in the area when the land was adjacent to City and Community Redevelopment Agency owned properties. The residents identified nuisance properties. EZ Mart was repeatedly noted to be a problem. Multi-family dwellings west of Seacrest on MLK were mostly shuttered, and all of them had Code Enforcement Liens exceeding the mortgage or value of the property. The residents were also concerned with littering, trash/dumping, crime and loitering. A strategy to rid the neighborhood of nuisance properties was through foreclosure or purchase. The properties near NW 10th always have trash and drug activity. Staff was in negotiation with one of the owners of the property there. The other properties had liens exceeding the mortgage amount. It was suggested the Community Redevelopment Agency set funds aside for legal fees to start foreclosure proceedings. A map showing where there were opportunities to buy land was reviewed which included nuisance properties. Discussion followed at what point the City could move forward and pursue shutting down properties with excessive liens. Jim Cherof, Community Redevelopment Agency Board Counsel, advised if the Code Enforcement Board requested it be foreclosed, the City could move forward 90 days after the lien was recorded. He clarified not all liens automatically resulted in foreclosure. It was suggested the City look at foreclosing those properties or demolishing them. It was emphasized the community felt strongly about the recommendation and the message was they would not tolerate it. There was $140,000 owed between two of the properties and it could be an opportunity purchase. The Community Redevelopment Agency had property they could exchange with the City to help square off a block as it would be very difficult to redevelop a block even as single-family infill. They have been making opportunity purchases over the years. Community Redevelopment Agency purchases there would be given to the City in their effort to expand Sara Sims Park. Combining ownership along the Phase I MLK area would involve fees and transactional costs. Funds for property acquisition and opportunity buys, when appropriate and they are adjacent to what is owned to expand parcel sizes, would be set aside. Staff also set aside monies for a feasibility analysis of the grocery store/co-operative. Alleyway/easement abandonment and closures could reduce dumping. There were 22 alleys in the Heart of Boynton that were not used for trash pickup, and are a common dumping ground. Staff would set aside money for the abandonments and close the alleys with landscaping and a berm. It was noted both the community and Police Department liked the concept. The alleyways 5 Meeting MInutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 would be evenly split between the abutting property owners, thereby expanding their properties, The land would be added to the tax rolls, and the homeowner would be responsible for maintaining the property. The property owner would not have to consent to the abandonment Funds would be allocated for legal expenses and reimbursement of the City staff and Engineer's time The City Commission would be required to pass an Ordinance to abandon the alleyways, and then it would become automatic since the alleyway would no longer serve a public purpose. The Community Committee also indicated the residents had no objection to assuming the additional tax burden. Existing utility easements would remain. Staff indicated it would be a fairly simple way to fix a longstanding community problem, Creating a Code Enforcement/Crime Hotline for the Heart of Boynton so residents could report trash and improper activities was suggested. Staff could then alert the Police to the calls they receive and determine where the "hot" zones were. Staff also proposed to add a line item for trash removal on all sites, not just on Community Redevelopment Agency property. Trash is often dumped, and since the owner does not live there, it could remain for a month or more. In this manner, the trash could be addressed expeditiously. Community Policing through Environmental Design was discussed. One way to use the concept was to install lighting in problem areas, such as the Jesus House of Worship Church, Installing lighting at Sara Sims Park was suggested, as was continuing with the Community Redevelopment Agency Policing program, The community felt crime was reduced The residents felt economic development in the area was needed and requested assistance be given to upgrade the exterior of businesses along MLK Boulevard. Currently, there are two existing businesses there and funds for two Fac;ade Grants were set aside for them. They also requested technical assistance be provided to business and property owners to help them envision what could be done with their properties. Holding classes at the Carolyn Sims Center on the weekends or evenings for individuals interested in starting a business or improving existing businesses and properties was suggested, Staff would set aside funds and issue an RFP for the classes as there were several providers that could be utilized such as the Workforce Alliance and SCORE. The Chamber of Commerce offered tax assistance and Small Business Development assistance was available, SBA was a minority business administration that could offer assistance. Intennediaries of SBA offered training - some free and others with a cost. Staff explained it would take a while to identify what the needs of the clients were. Mr. Rodriguez recommended using agencies that provided free services before spending tax dollars. Ms. Bright agreed, Many individuals were interested in starting up small businesses. The community thought providing start-up monies to purchase equipment for businesses in the Heart of Boynton would be helpful. The Community Redevelopment Agency could partner with the Community Loan Fund and deposit monies earmarked for Community Redevelopment Agency businesses. The Community Loan Fund was comprised of banks having funds in the program. It is partially funded by the County, the Small Business Administration and the bank members. A Board manages the program and determines which businesses would be funded. Ms. Brooks clarified the Community Redevelopment Agency is not in the lending business, 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 Housing development was not an immediate priority. The community expressed before encouraging individuals to move into the area, it needed to be improved. Staff dedicated about $160,000 in the budget and the Board just approved $140,000. Supplementing that amount until the funds were expended could be authorized. The Committee was amenable to using some of the MLK monies to provide additional Residential Improvement Grants. Mr. Rodriguez left the dais at 7:01 p.rn. The Community Committee suggested reissuing the RFP for the east side of Ocean Breeze. Monies would be set aside for advertising and legal costs to review the RFP and staff could return to the Board for direction of what to put there. Mr. Weiland advised he met with individuals who may be interested in locating a small grocery store in the area. Ms. Bright confirmed she received a call, and it could be that commercial entities should be in the area as opposed to residential. Additionally, funds for seven more residential improvement grants would be set aside. Sherry Johnson, Community Caring Center and the Green Market, was interested in a grocery co-op. Details, such as who would own the building and other items would have to be researched in order to determine what would make it feasible. Generally, grocery businesses, whether for profit or non-profit, were not moneymakers and this was a Farmer's Market type of concept. Staff would set aside money for a feasibility analysis of the grocery store/food co-op. Mr. Rodriguez returned to the dais at 7:03 p.rn. The total set aside for the MLK Project was $1.66 million. The suggestions came from the Community Committee, whose number one concem was quality of life and then economic development. A breakdown of how monies would be allocated to the different strategies was discussed. There was agreement services should not be duplicated. Code Enforcement has a telephone number to call, the Police Department had postcards to send in expressing concerns of residents, and Public Works could be contacted regarding trash. Ms. Bright clarified the Community Redevelopment Agency does not typically pick up trash on private property. Residents also do not know what parcels are owned by the City or the Community Redevelopment Agency. Education was key. Putting notices in the water bill and airing the information on BBTV was suggested. Even posting properties to advise residents where to call to report items could be helpful. The hotline would be an all-inclusive number. There was agreement staff should market the effort through existing programs. Staff would return to the Board with information on the micro-loan fund, if approved conceptually, and provide finite numbers. The Community Redevelopment Agency would supplement the Community Loan Fund, and set aside for the Community Redevelopment Agency businesses to access. Applicants would work through the loan process, which is for first-time and minority-owned businesses. Chair Taylor was impressed with the Community Committee and how many residents were involved. There was a large tumout from the Heart of Boynton Community, and he was encouraged. The Board was receiving input and direction. 7 Meeting Minute~ Community Redevelopment Agency Board Boynton Beach, FloridC>. May 12, 2009 Mr. Weiland inquired about the economic development grants to improve interiors and exteriors Staff responded the Facade Grant program had changes. Business owners build-out their interiors, which is more expensive than painting an exterior. Sometimes the exterror of the building does not need improvement. Most businesses need help with their intenors; flOwever, businesses cannot not receive assistance from the City. The Board received this type of request in the past and the Board was not receptive to the request. Ms, Bright expressed It was a worthy program. There were not very many programs to help with expansion and it appeared to be a deterrent for launching small business development. As a result, staff had to identify where the deficits were and how to address them. The grant was only available once every three years, Staff was reviewing appropriate changes to make in the program, however, after discussion, it was decided the item would be discussed at the end of the budget Mr. Weiland inquired if setting funds aside for a micro-loan fund would put the Community Redevelopment Agency in the position of being in the banking business. Ms. Brooks clarified it would not; it would be handled through the Community Loan Fund which has loan officers and handles collections. Staff would work with the business and bring them forward, The Community Loan Fund was a non-profit agency, funded in partnership with the County, and partially by the bank membership, similar to a federal home-loan bank concept. It was dedicated to minority- owned and micro-businesses. Small loans are issued and the loans are collateralized. It was also similar to the service provided by the Community Development Corporations to the Community Redevelopment Agency. They were intermediaries. Chair Taylor shared Mr Weiland's concem and thought funding interior repairs should be examined more closely The micro-loan program was a revolving loan. Collateral could be inventory I equipment, or personal property. Ms. Bright suggested the Loan Fund could act as the intermediary, and staff appropriate monies. She indicated staff would bring additional information back to the Board, specifically about what happens if the business failed, and if there was a service charge or fee. Staff may request the Loan Fund make a presentation to the Board, Other Community Redevelopment Agencies utilize revolving loan funds and loan guarantees for banks for businesses. Ms. Bright explained the type of programs offered were contingent on the needs of the community These types of concepts would benefit the downtown area and Ms. Bright was asked jf the programs were restricted to the Heart of Boynton. It was explained staff was addressing the Heart of Boynton; however, the concepts could benefit downtown businesses. Mr. Rodriguez explained he emailedMs.Bright about what was being done to redevelop the downtown area. Ms. Bright did not recall the email.Mr. Rodriguez did not copy the other Board members on the email.ltwasagreedtheitemwouldbeputonafutureagenda.Ms.Bright clarified the Economic Development Plan regarding the Downtown Redevelopment was not approved until December of 2008. The initiatives were all new, There was money in the budget and staff could implement a district-wide plan. Mr. Weiland indicated legally, monies designated for the Heart of Boynton were not voted on. There was discussion the concept was discussed at a workshop; however, Chair Taylor recalled it occurred at a special meeting. Discussion at that meeting included a question about what would happen to the funds set aside for the Auburn Group, and there was agreement to leave the money in the Heart of Boynton, 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 Attorney Cherof explained the meeting was noticed as a workshop meeting. There was a special meeting held in conjunction to it. Mr. Rodriguez advised he was told of the date and he was unavailable that day. Motion Vice Chair Hay moved to keep the funding in the Heart of Boynton. Ms. Ross seconded the motion that unanimously passed. Vice Chair Hay discussed Mr. Rodriguez's statement that he sent an email toMs. Bright. He recalled Mr. Rodriguez previously stating that he does not send correspondence to Ms. Bright without sending emails to the rest of the Board. Mr. Rodriguez explained it was untrue. He explained since the incident when an email was sent to the City Attorney questioning Sunshine Laws he no longer copies the Board and he corresponds directly with her, but in the past he has done either or both. Attomey Cherof clarified he sent a memorandum that there is a risk with global emails. "Reply All" emails to each other can be misinterpreted and responded to, and there would be a pattern of communication outside of the Sunshine. He confirmed Mr. Rodriguez was correct in his method to correspond directly with Ms. Bright, and she, when appropriate, can correspond with other Board members as long as she does not act as a conduit and indicate how one Board member may vote in the future. Ms. Bright was aware of how to handle that. Vice Chair Hay explained he was only stating what he heard at the meeting, and nothing was discussed by the Attorney or anyone else when it came up. He just wanted to share an observation. Staff requested direction to begin to implement the program for the community. The allotted monies may vary in the line items once direction is given. Mr. Weiland and Chair Taylor were in favor of moving forward with the programs, keeping the Board's comments in mind about funding interior renovations, the micro-loan fund, trash-pickup, erecting signs with a phone number on them for residents to call, and the alleyways. Ms. Ross liked the quality of life issues. Ms. Brooks explained they wanted to install signs and do a direct mailing to the community. Staff did not have to cap the hotline, but could market what exists. Chair Taylor indicated he would like to move forward with the nuisance properties. Ms. Brooks explained the initiatives were what the community desired and based on their priorities, they allocated funding commensurately. The figures could be fine-tuned. There was Board consensus to move forward. B. Discussion of Potential Brownfield Designation for Community Redevelopment Agency Ms. Brooks explained this item was brought back to the Board and there had been much discussion of the designation over the last year. Las Ventanas and Gulfstream Mall had to spend funds on environmental clean-ups. The Promenade also had environmental cleanup 9 Meeting Minutes Community Redevelopment Agency Boare Boynton Beach, Florida May 12, 2009 issues. When the market was good, the developer could absorb the costs and pass it on in the price of the unit; however, that was becoming less of a reality. There are sites that have issues along Federal Highway and in the Industrial Art area, The Public Works site in the Heart of Boynton was another site, and if they were redeveloped, the environmental issues would need to be addressed Housing cannot be constructed over contaminated land Staff explained they were given direction to proceed with the designation, but only for commercial and industrial sites, It was recommended the Heart of Boynton be included because there were still gaps in the development pro formas. Staff could develop maps identifying areas in the HOB that need the designation, and it was clarified contamination did not have to be identified. The designation allowed incentives to be accessed, especially with job creation, Community Redevelopment Agency districts, by Statute, can be designated a Brownfield. Mr. Rodriguez pointed out originally the entire Community Redevelopment area would receive the designation. Then the community objected to it and the Board agreed to designate only commercial areas and the Heart of Boynton, Then when the City identified the properties, the Community Redevelopment Agency indicated they were no longer interested in moving it forward, He inquired since the designation has been flip-flopped if it was the right strategy. Staff clarified the City Commission voted the initiative down. Chair Taylor explained there was opposition to it, but that was no longer the case, Mr. Rodriguez commented the designation was approved for commercial, industrial and the Heart of Boynton and then a request to drop it was made, and it was done. Lulu DeCamera, 836 East Drive, lived in Inlet Cove. She explained INCA has spoken at Community Redevelopment Agency and City Commission meetings in opposition to the designation in residential areas. Last year a legal description was being developed to omit the residential areas. She indicated if they proceed with the designation, it should be applied only to the commercial and industrial areas. Chair Taylor clarified they were doing that and adding the Heart of Boynton, which included residential areas The entire Community Redevelopment area would not be designated. Motion Vice Chair Hay moved to direct staff to begin work on maps and a proposed resolution to bring back to the Board for approval. Mr. Weiland seconded the motion that unanimously passed, C. Consideration of Property Exchange Between the CRA and City Ms. Brooks advised the Community Committee felt the land under two different ownerships should be combined. Staff purchased land west of Seacrest to give to the City for Sara Sims Park and for the City's single-family redevelopment block between 10th and 11th. The intent was to have an even property exchange. Ms. Brooks noted there was a deed restriction on one small lot the City owned that would require the property to be open space. That restriction could be transferred to a lot the Community Redevelopment Agency would exchange on the west side of the City. The item was an exchange and not an acquisition, 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 Kurt Bressner, City Manager, thought an exchange was a good idea but pointed out the parcel on MLK with the deed restriction would need to be researched further. There may be more opportunities for land swaps closer to Sara Sims rather than across the street. Parcels immediately adjoining Sara Sims Park and the Cemetery could be opportunity purchases and a double swap could occur. Those parcels could be acquired, demolished and added to Sara Sims Park thereby forming open space. The City has had discussion with the Community Redevelopment Agency about those parcels. In concept, the City was amenable to the swaps. The areas of opportunity would be linked and redevelopment could occur. Using a different parcel than the one with the deed restriction may be more advantageous to everyone. There was consensus for staff to develop an agreement to bring back to the Board. D. Consideration of Purchasing Vacant Lot at NE 4th Avenue from CDC A map reflecting Community Redevelopment Agency and Community Development Corporation owned properties was included in the meeting materials and staff explained the lender, Local Initiatives Support Corporation (L1SC) , a non-profit community lender was looking to settle out of all their loans. A comparative market analysis was included in the meeting materials that reflected the properties and the amount owed on them. The market analysis was not an appraisal. Ms. Brooks requested direction from the Board whether to investigate if L1SC would accept the market value of the properties, which was $299,000 to fill in the block. Vice Chair Hay inquired since the monies would be pulled from the funds reserved for the MLK project, what other projects would be offset. Ms. Brooks responded that was up to the Board. Ms. Bright commented the purchase was an opportunity buy. The Community Redevelopment Agency owned alot of property there, but if they did not acquire those parcels, someone else could purchase them. The action was a policy decision. The Board was uncomfortable with moving forward without an appraisal, as the policy required one. The item was presented because staff did not want to spend the money if the Board was not interested. Keturah Joseph, Boynton Beach Faith Based Community Development Corporation Executive Director, explained they intended to order an appraisal. The L1SC analysis was done to determine the current value and if there was an interested buyer. L1SC requested they sell the property. Before they offered it for sale to the public, she spoke with staff. If the Board was interested, they may have an opportunity buy. Otherwise, it would be offered to the public market. Anita Jenkins, formerly with L1SC, explained L1SC was interested in having a conversation about the property with the Community Redevelopment Agency. The loan was current and there were no taxes owed, or danger of default or foreclosure. Mr. Simon advised an appraisal could cost approximately $1,200 and staff could bring back an actual price with the contract contingent on a due diligence period and appraisal. If the appraisal came back lower than the contract price, the Board could terminate the contract under the due diligence. Attomey Cherof recommended the process outlined by Mr. Simon be followed. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 There was consensus to proceed with the item as discussec E, Discussion of the Status of the CRA's Liquor license Mr. Simon explained the license was purchased in July of 2008, At the January meeting, the Board approved listing the license with a broker for six months. The recommended price of the license was $110,000. There has been very little activity and no offers at all. The license was in inactive status, and due to expire on June 16th. Mr. Simon spoke with Palm Beach County and was advised they could apply for a hardship extension, which would extend the license for another three or four months, and that it was likely the extension would be granted, One option, recommended by the broker was to reduce the price of the license to the $70,000 to $90,000 range, Another option was to discontinue the relationship with the broker and list the license with someone else, Mr. Weiland left the meeting at 8: 15 p. rn The license could also be given to marketing staff to put on the website or an RFP could be issued. Chair Taylor was in favor of applying for the extension. An email sent by the broker indicated the value of the license dropped. Mr. Rodriguez inquired how many licenses of this nature were issued in the County and what they cost; however, comparative analysis information was not available. Mr. Rodriguez left the meeting at 8:17 p.rn Mr. Weiland returned to the meeting at 8:17 p.rn If an RFP method was used, the CRA could advertise the property itself to obtain a buyer or if a broker represented a buyer, staff could use their services and perhaps negotiate a lower fee since it was not "listed". It would be similar to selling a home "for sale by owner" because as the owner, by not "listing" the property, staff could entertain any and all offers from realtors. Mr. Rodriguez returned to the meeting at 8:18 p.rn. Palm Beach County indicated individuals who apply to the County to obtain a license think they can purchase a license. However, to obtain this type of license, a lottery system is used and there are thousands of businesses interested in obtaining a license, but the County only issues three licenses. The County offered to indicate to interested individuals that there are licenses available, There was agreement staff should apply for the extension. Mr. Cherof indicated the contract was exclusive. If staff put an ad in the paper and made a sale from it, the broker would still be paid. When the brokers listing expired on June 1, 2009, staff proposed to revise the terms of the broker agreement so that if a broker sold the license, he would receive a commission. If the Community Redevelopment Agency sold it, he would not receive a commission or receive a lesser commission. Additionally, if the broker were not interested in revising the terms, staff would use another broker There was consensus to try to renegotiate the terms and proceed as discussed. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 X. New Business: A. Consideration of Work Order #09014 under Continuing Contract with REG Architects Ms. Brooks indicated staff has a continuing contract with REG. Due to the comments received from the Community Committee, REG was asked to write up a work order and provide expertise for what owners could do to improve their properties. This would be a visual plan similar to a site plan and the cost associated to do so would be up to $50,000. The designer would work on an hourly rate and individuals would be assisted on a first-come, first-served basis. Vice Chair Hay noted that REG reserved the right to provide staff with an additional detailed breakdown of the fee estimates. He inquired if those details would be known before they expended the funds. Staff responded they did not have the sites or property owners' information yet, but there was a cap. Funds that were not expended would roll over to another project. Mr. Rodriguez inquired if the downtown master plan addressed the items. Ms. Brooks responded it did not. He suggested the proposal be applied to the downtown area and the cottage district. The program could be applied to the downtown area, but fiscally, it was not feasible as the program was more detailed than the master plan. It was the start of a development process. The downtown master plan provided a broad idea of how the downtown, including the HOB could look. During the budget process, MLK was identified as a priority and staff did not take any initiatives out of the Downtown Master Plan other than the Brownfield designations. The reason why it was proposed for the community was because the community specifically asked for it. Sea crest has a vision, but MLK did not. Since staff was realigning funds, they would bring the item back and expand possible implementation aspects of the Downtown Master Plan. Mr. Rodriguez thought it made sense to expand it to avoid other areas becoming blighted. Ms. Bright noted the direction given to staff at the meeting of March 10, 2009 was how staff should spend the money in the line item for the MLK project. Ms. Bright concurred with Mr. Rodriguez the downtown master plan should not be shelved. Staff would bring back ideas at the next meeting. Mr. Cherof recommended on the rate sheet, they not pay a higher hourly rate for a professional to serve as an expert witness. They should be paid at their highest professional rate with no add on, and not to pay the cost of support staff, as the cost of the support staff should be incorporated into the professional's rate. Motion Vice Chair Hay so moved with the comments and additions made by the Attorney. Ms. Ross seconded the motion that unanimously passed. B. Consideration of Contract with EZ Mart for the property located at 1005 N. Sea crest Boulevard At the February 11, 2009 workshop meeting, there was an overwhelming outcry from the community that crime was a deterrent to successful redevelopment along Seacrest and the HOB area. At the Community Committee meeting on March 31, 2009, Chief Immler addressed those issues. Word spread on the street that the Community Redevelopment Agency would be 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 200S bringing back suggestions to the Board The contract came to staff as an opportunity buy rrorr the property owner. One of the challenges was to create a value for the business. The contrac was for $1.3 million. The community discussed they are interested in pursuing it and the' recommendation for the appraisal for the land came back at $300,000, Staff had no W8\ i determine the value of the business because there were no existing books The Community Committee suggested bringing it to the Board to determine if they could make c: counter offer. The Community Redevelopment Agency Police and Police Chief had indicateo that removing that entity does not allow the Police to remove loitering and the owner often ha~ to do so. Vice Chair Hay wanted to see the store eliminated at a reasonable price and to negotiate a more reasonable sales price starting at $300,000. Aubum had offered $1.9 million for the store and the two parcels on MLK the proprietor owned. Chair Taylor suggested offering the property owner the appraised value, which was for the land only and see what comes back. The funds would come from the $1.6 million. Staff pointed out they would not be able to implement each suggestion, but the Board would determine what the priorities were, Chair Taylor noted $800,000 was set aside for nuisance properties, and the EZ Mart was a nuisance property, Mr. Rodriguez noted when the strip club was closed, the Police initiated the action, as there were a number of arrests and drug activity. The club was shut down first. Then the Community Redevelopment Agency bought it. He suggested using the same methodology for EZ Mart. There was consensus to offer $300,000 and go from there as a start C. Memo from Dr. Martha Meeks-Light Re: HOB Redevelopment Plan Issues Ms. Bright had indicated a letter was received from Dr. Light, dated April 30, 2009. The concerns were discussed at a community meeting and staff tried to address her concerns. An oral report and written response to her concerns were requested, which staff provided, Dr. Martha Meeks Light, 2235 NW 6th Avenue, spoke about the Community Committee meeting and advised the Heart of Boynton Community compiled a listing of items. She reported many of the attendees present were from all over Boynton Beach, After the meeting, there were still unanswered items. The items were City Hall should not be moved from the Community Redevelopment Agency district; to have more diversity on the Community Redevelopment Agency staff and many residents do not have the opportunity to put in a resume; and, the water rates. She indicated if the rate increases were not yet approved, to be gentle. Water was expensive and they did not want a rate increase A petition had already been given to Vice Chair Hay regarding the issue. The Committee was commended. Dr. Light thought the meeting provided for residents' input and that the report she received from staff was great. Chair Taylor appreciated the input as it provided necessary direction to the Board. XI. Future Agenda Items A. Budget Discussion 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 Ms. Bright requested confirmation the Downtown Master Plan would be discussed at the next meeting. Mr. Rodriguez clarified he wanted to know what was going to redevelop the downtown and corridor. Outside of the marina, he wanted to know what would be occurring and how they would connect to Ocean Plaza. Ms. Bright inquired if he wanted an activity report Mr. Rodriguez noted businesses were closing and many businesses in Ocean Plaza already closed. XII. Comments by Staff Mike Simon discussed a Regional Forum entitled Harness Your City's Night Time Economy, which will be held on May 28, 2009 in Delray Beach. A meeting was held with City staff regarding the Noise Ordinance and other issues associated with commercial and mixed-use zoning. Staff thought it would be beneficial for Community Redevelopment Agency Board members and City Commission members to attend. The issue was a major code enforcement matter and noise issues were becoming more prominent. Chair Taylor believed at a minimum two staff individuals should attend. Ms. Bright had previously attended. The notice was for the Board members' attendance, and he suggested Ms. Bright, and the Special Events Coordinator at a minimum attend. The Community Redevelopment Agency would pay for Scott Blasie, Code Compliance Administrator, and Sergeant DeGiulio to attend. Nancy Byrne was also working on the Noise Ordinance. Mr. Simon advised they would bring important information and best practices back to the Board. Mr. Simon appreciated the input of the Board and the community at the Community Committee meeting. The meetings resulted in an exchange of ideas and demonstrated how one area could benefit other aspects of development. Mr. Simon praised the Boynton Beach Police and Fire Departments. He spent time with some of the Community Redevelopment Agency officers, and drove through the neighborhoods. The officers relayed their opportunity to make a change and they were seeing their policing differently, and as a redevelopment arm were working towards the same benefit. Much of what arose from the Community Committee meeting were initiatives and discussion. He indicated the statistics contained in the Police reports did not give justice to what they achieve in the community. The officers understand there were quality of life issues. Mr. Simon indicated extra kudos would be appropriate to the Police team. Margee Walsh, Marketing Director, explained she and Ms. Biscuiti recently met with Enid Atwater, Vice President of Marketing and Community Relations for the Palm Beach County Visitors Bureau. Nancy Spoto, their Marketing Director was present at the meeting. Ms. Walsh previously had a working relationship with them and extended an invitation to Ms. Atwater and Ms. Spoto to tour Boynton Beach. They viewed the downtown and Heart of Boynton area and were overwhelmed with what was developed. Ms. Biscuiti and Ms. Walsh volunteered to become Boynton Beach Ambassadors on the County Visitors Bureau and to work with meeting planners who scout locations for conferences, or activities for conference attendees such as diving or boating. Last month, the Post ran an article about a $3 million marketing blitz aimed to boost Palm Beach County's Tourism Economy. That effort will be heard by the County Commission this month, and if approved, by partnering with the County Visitors Bureau, Boynton Beach was in a good position to become part of their marketing plan, commercials, advertising and websites. 15 Meeting Minutes Community Redevelopment Agency Boare Boynton Beach, Florida May 12, 2009 The Community Redevelopment Agency was also approached by Marjorie Ferrer, Executive Director of Delray Beach Downtown Marketing Cooperative. Staff would work with Ms. Ferrer to put packages together for hotels in Delray Beach as there is a demand for fishing and diving, which Delray does not offer. There would be cross promotion of the two cities Economic development was important Ms Walsh indicated she would put together a downtown marketing program for the next meetin~ XIII. Comments by Executive Director Ms. Bright emphasized the Community Committee started as a sign-up sheet at the March 31st meeting. Anyone interested in knowing what the Community Redevelopment Agency was doing would be put on their email list and their direct mailing list There was a cross section from all over the City on the Committee, and it was not inclusive, Ms. Bright thanked Ms. Biscuiti for scouting the Artavox Event, which would take place next week as the event was a way to showcase Boynton Beach and the County. She also enjoyed the viewing of Mama Mia. Yvonne Boice, Chair of the Palm Beach County Film Festival, was happy with the turnout as 300 people attended the event She thanked Ms, Biscuiti for seeking out those opportunities for Boynton Beach, XIV. Comments by CRA Board Attorney None, XVII. Comments by eRA Board Ms. Ross commended staff. Alliances were being formed with key organizations in the County, especially the Palm Beach County Cultural Council for the Artavox event and the Palm Beach County Film Festival for showing the Mama Mia film. She would be speaking to Ms. Bright and presenting information about the Community Redevelopment Agency's involvement with the Green Initiatives Program along with the City and there is much synergy there. The EDI Group that came into the Community Redevelopment Agency District was one of the types of business the Community Redevelopment Agency wanted to attract. Ms. Ross indicated it was very important to link it to the City. Ms. Bright was interested in developing green initiatives further. Vice Chair Hay was pleased with the work performed by staff, On March 10, 2009, staff was directed to meet with the community, which they did, Staff developed a plan, had direction and options. He was very pleased with the job staff did, Chair Taylor agreed and complimented staff. The meeting was very productive. The Community Committee meeting addressed many problems and gave great direction. He encouraged staff to continue the community meetings and keep up the good work. Mr. Weiland also gave kudos to staff, 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 XVIII. Adjournment There being no further business before the Board, the meeting properly adjourned at 9:00 p.m. g~ Olui- Recording Secretary 17 VI. CONSENT AGENDA: B. Approval of Period-Ended May 31, 2009 Financial Report ....\ --" \'\\ '/~ l~r:,<.:J eRA BOARD MEETING OF: June9,2009 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 May 31, 2009. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve May financials. !:1D4~ Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Financial Report.doc .28-2009 10:04 AM - GENERAL FUND clANCIAL SUMMARY VENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INe MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES lTAL REVENUES :PENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS '" TECHNOLC' CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT )TAL EXPENDITURES ~'iENUES "".TEF' TlNDEF" EXPENl'! TURE,' ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAlmITED) AS OF: MAY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE OF BUDGET REMAINING 8,300,000 8,300,000 0.00 8,315,313.00 0,00 15,313.00) 0.18- 1,287,500 1, 287,500 58 137.43 '059,967.88 0.00 727,532.12 56.51 0 0 0.00 2,475.00 0,00 2,475.00) 0.00 15,000 15,000 0.00 1,000.00 0.00 14,000.00 93.33 50,000 50,000 0.00 29,628.01 0.00 20,371.99 40.74 0 0 0.00 74.35 0,00 74.35 ) 0.00 n_~400, 0_00 ___-.l, 400,000 0.00 0.00 0,00 3 , 4 0 0 , JlSl.2.:..2.2 100.00 " ".----- _.__._--~ ~_.._- 13,052.500 13,052.500 58,137.43 8,908,458.24 0.00 4,144,041.76 11.75 ------------ ------------- --~---------- ------------- ---- --------- ----------. -- "---- .--- ----- ------~ ....- ------- --- -. --- ---.------ ---------~-- ---------- 16,900 211,942 151,415 115,470 485,000 209,880 496,210 ,287,500 62,120 314,493 140,566 95,087 2r.91'7 1,066,581 1',,171,419 "".,052,500 17,900 211,942 151,415 115,470 485,000 209,88[' 496,210 287,500 62,120 <B,493 140,566 95,08'" 2271917 ,,0(;6,581 ::),l-71~_4]=--?1 l;,052,50n 480.00 ~,945.09 ".151.93 n,oo ",490.60 ",84"'.13 :,;:,261. 59 9,07(.09 S,685,15 .00 ','138,17 , , 89"' . G9 '06,"'2- n 00 ,00 lJIi,QR022 ii4 4 891. 81 00 121, 932 01 >1 00 85, 894 .91 ;~I 00 64, 01"7 ,78 o C' 13 8. 913 04 , , 'S (' 1': :.22, 555 ~~ r 00 ,~ 184, 592 04 4.5 .;..!)O 00 042, 30"' 62 228 9,) 24, 242 89 ?l " :;F, () 00 ',' or, 73,463 16 OU 56. 234 64 " OC 116, 311 .2F no 789, 729. 28 00 082, 70? r; r' 00 13,1.'08,1 90,no? 'j 65,520 51,45:2 --, .c.':89, 306 nl 87,324.:28 ;:98,417.0E ~3f,963,32- '.6,95'7,15 '13,493.0(' 67,102.84 38,852,36 [11,(;05,74 276,851. 7'2 . ,.~,.70~,: 50 ~,410/'795.'72 -:9(12~ 05 ,,562,575.23 c, " '1~L' .4 "', ~~ < 1-7 '," ~,I i, r-; ; II _ l.~ " I. 2'J '-J Cj . 4 ~i .oc \'7.74 ,86 -18 g'" J:' "n,OO 42.62 5-28-2009 10: BOYNTON BEACH REVENUE & EXPENDITURES REPO}, JNAUDITED) AS OF: MAY 31ST, 2009 01 -GENERAL FUND REVENUES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS 8,300,000 8,300,000.0 0.00 8,315,313.00 0.00 15,313.00) 0.18- TOTAL T.I.F.INCOME 8,300,000 8,300,000 0.00 8,315,313.00 0.00 15,313.00) 0.18- MARINA RENT & GRANT INC 01-42115 MARINA RENTS 80,000 80,000.0 191.70 70,263.24 0.00 9,736.76 12.17 01-42116 MISCELLANEOUS RENTS FRO PROPE 7,200 7,200.0 0.00 3,600.00 0.00 3,600.00 50.00 01-42117 MARINA FUEL SALES 1,200,000 1,200,000.0 57,945.73 485,055.72 0.00 714,944.28 59.58 01-42118 MARINA MISC INCOME 300 300.0 0.00 1,048.92 0.00 748.92) 249.64- TOTAL MARINA RENT & GRANT INC 1,287,500 1,287,500 58,137.43 559,967.88 0.00 727,532.12 56.51 MARKETING INCOME 01-43100 TROLLY MARKETING INCOME 0 0.0 0.00 2,475.00 0.00 2,475.00) 0.00 TOTAL MARKETING INCOME 0 0 0.00 2,475.00 0.00 2,475.00) 0.00 FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 15,000 15,000.0 0.00 1,000.00 0.00 14,000.00 93.33 TOTAL FESTIVALS & EVENT INCOME 15,000 15,000 0.00 1,000.00 0.00 14,000.00 93.33 INVESTMENT INCOME 01-46100 INTEREST INCOME 50,000 50,000.0 0.00 29,628.01 0.00 20,371.~ 40,74 TOTAL INVESTMENT INCOME 50,000 50,000 0.00 29,628.01 0.00 20,371.00 1r),71 CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0.0 0.00 74.35 0.00 74.35) 0.00 TOTAL MISCELLANEOUS 0 0 0.00 74.35 0.00 74.35) 0.00 OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES 3,400,000 3,400,000.0 0.00 0.00 0.00 3,400,000.00 100.00 TOTAL OTHER FINANCING SOURCES 3,400,000 3,400,000 0.00 0.00 0.00 3,400,000.00 100.00 TOTAL REVENUES 13,052,500 13,052,500 58,137.43 8,908,458.24 0.00 4,144,041. 76 31.75 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- P.2 28-2009 10:04 AM -GENERAL FUND :ISLATIVE 'ARTMENTAL EXPENDITURES ,CHASED/CONTRACT SERV l-51010-200 CONTRACTUAL EXPENSE l-51010-203 MISCELLANEOUS l-51010-216 ADVERTISING & PUBLIC NOTI 1-51010-225 ASSOC. MEETINGS & SEMINAR 1-51010-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV PPLIES 1-51010-310 OFFICE SUPPLIES TOTAL SUPPLIES TOTAL LEGISLATIVE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 ORIGINAL BUDGET AMENDED BUDGET YEAR-TO-DATE BALANCE % OF mIDGET TOTAL ENCUMBERED UNENCUMBERf.', I' pp,"\nrT MONTHLY ACTIVITY Fl' 17'. T~'T Tl\1'-~ 7,500 7,500 L',OO 0.00 0.00 ,':,00, 0 1,000 0.00 1,'700.00 0.00 700, 01' 2,700 2,700 400.00 ~,029.7S n.oo 570,25 ' 4 2,500 2,500 80.00 799.47 0.00 i,700.53 6P, . 0, 3,600 .~O 0.00 555.00 0.00 3,045.00 84.58 --- ~- - --.--- 16,300 17,300 480.00 5,084.22 0.00 12,215.78 70.61 600 600 0.00 i --.-J.92.41) 0.00 792.41 132.07 -----,-~ 600 600 0.00 I 192,41) 0.00 792.41 132.07 ------- --- _.._----~-~_.- 16,900 1"7,900 48n.oo 'L891.81 '1 0n -'...; 008.19 '7"" .h' '3 5-28-2009 10: BOYNTON BEACH REVENUE & EXPENDITURES REPOh JNAUDITED) AS OF: MAY 31ST, 2009 01 -GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 176,917 176,917 7,450.00 113,563.43 0.00 63,353.57 35.81 01-51230-115 CAR ALLOWANCE 5,400 5,400 208.00 3,328.00 0.00 2,072.00 38.37 TOTAL PERSONNEL SERVICES 182,317 182,317 7,658.00 116,891.43 0.00 65,425,57 :3 5. R () PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 3,750 3,750 96.57 2,606.92 0.00 1,143.08 30.48 01-51230-226 MEMBERSHIP DUES 6,675 6,675 0.00 147.56) 0.00 6,822.56 102.21 01-51230-227 DELIVERY SERVICES 3,000 3,000 0.00 477 .39 0.00 2,522.61 84.09 TOTAL PURCHASED/CONTRACT SERV 13,425 13,425 96 .57 2,936.75 0.00 10,488.25 78.12 SUPPLIES 01-51230-310 OFFICE SUPPLIES 8,500 8,500 57.34 924.79 0.00 7,575.21 89.12 01-51230-315 POSTAGE 2,000 2,000 133.18 372.32 0.00 1,627.68 81.38 01-51230-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00 01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 56.72 0.00 443.28 88.66 TOTAL SUPPLIES 11,200 11,200 190.52 1,353.83 0.00 9,846.17 87.91 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 5,000 5,000 0.00 750.00 0.00 4,250.00 85.00 TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 750.00 0.00 4,250.00 85.00 DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 211,942 211,942 7,945.09 121,932.01 0.00 90,009.99 42.47 P.4 -28 2009 10:04 AM - GENERAL FUND 'lANCE PARTMENTAL EXPENDITURES RSONNEL SERVICES 1-51325-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES RCHASED/CONTRACT SERV 1-51325-200 CONTRACTUAL EXPENSE 1-51325-201 BANK FEES 1-51325-225 ASSOC. MEETINGS & SEMINAR '1-51325-226 MEMBERSHIP DUES '1-51325-227 DELIVERY COSTS '1- 51325 - 22 9 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV JPPLIES 11-51325-310 OFFICE SUPPLIES )1-51325-360 BOOKS & PUBLICATIONS 11-51325-365 OFFICE PRINTING COSTE TOTAL SUPPLIES ,PITAL EXPENDITURES ,PRECIATION & AMORT TOTAL FINANCE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 ORIGINAL BUDGET 'iF f1Uf1GKJ "!e!V 1'11Tn' AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED TJNENf:lJMBER!n' BALANrl7 130,260 ...:Q,CJ, .~.Q -,5.,.010.00 _~1?_0~ 'J.OO 50.100,00 38,.j(. --- 130}260 130,260 5,010.00 80,160,00 ,00 50,100,00 ,8.1(- 2,280 2,280 0.00 1,570.10 0.00 709.90 31.14 3,000 3,000 0.00 1,826.27 0.00 1,173.73 39,12 5,750 5,750 25.00 907,73 0,00 ,1,842,27 84.21 725 725 0.00 759.10 0,00 34.10) 4.70 1,000 1,000 0.00 76.02 0.00 923,98 92.40 3,000 ~ 0.00 0.00 0,00 3,000.00 100,00 ~-'- 15,755 15,755 25,00 c;,139.22 0,00 10,615,78 (;7.38 4,500 4,500 93.34 S72.10 'j,OO J, 927, % K'"";' "0 .J' .Lo_ 500 500 23,59 23.59 0.00 476.41 95.28 400 400 0.00 0.00 0.00 400,00 100.00 5.400 1,16.93 .._--~ 5.400 595.69 00 4.804,31 88,97 151.415 151,415 ,15J.)3 ~...-) 89.'1 ',;) 1 5-28-2009 10: BOYNTON BEACH REVENUE & EXPENDITURES REPOl JNAUDITED) AS OF: MAY 31ST, 2009 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET 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 41,847.87 0.00 34,546.13 45.22 01-51410-214 EMPLOYEE FIDELITY COVERAG 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 64,017.78 0.00 51,452.22 44.56 TOTAL INSURANCES 115,470 115,470 0.00 64,017.78 0.00 51,452.22 44.56 P. 6 .28 2009 10:04 AM -GENERAL FUND JFESSIONAL SERVICES PARTMENTAL EXPENDITURES RCHASED/CONTRACT SERV 1-51420-200 CONTRACTUAL EXPENSE 1-51420-201 CONTRACT LEGAL 1-51420-204 CITY STAFF COSTS TOTAL PURCHASED/CONTRACT SERV TOTAL PROFESSIONAL SERVICES ORIGINAL BUDGET 276,000 200,000 -2-_~0 485,000 485,000 BOYNTON BEACH CRA REvENUF & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY lIST, 2009 AMENDED BUDGET 276,000 200,000 ._C) ,.QQ.Q 485,000 485,000 MONTHLY ACTIVITY ',,115,00 ;':,375.60 0.00 ~--~- 8,490.60 8,490.60 YEAR-TO-DATE BALANCE 1:24,783,66 9,661.35 2,4~.Q:"J 13 8,913 ,04 138,913,04 7 TOTAL ENCUMBERED flNENCUMBF.pm BALMIeR , l~Jr BUDGET r-'~r.17" TT1T!1" [~ h 780 15 ')4,436 .1'1 34 ........... 0 00 190, 338 65 95 .1~ 0, OD 4,53] 97 50.36 56 :80 ,15 289,306 .81 S 9 h~, 56,780,15 :289,306.31 59.65 5-28-2009 10: BOYNTON BEACH REVENUE & EXPENDITURES REPOI JNAUDITED) AS OF: MAY 31ST, 2009 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 7,084.81 113,356.96 0.00 70,848.04 38.46 01-51440-115 CAR ALLOWANCE 5,400 5,400 208.00 3,328.00 0.00 2,072.00 38.37 TOTAL PERSONNEL SERVICES 189,605 189,605 7,292.81 116,684.96 0.00 72,920.04 38.46 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 496.99 2,179.01 0.00 8,820.99 80.19 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 0.00 245.98 0.00 754.02 75.40 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 15,325 496.99 3,698.99 0.00 11,626.01 75.86 SUPPLIES 01-51440-310 OFFICE SUPPLIES 3,500 3,500 57.33 847.51 0.00 2,652.49 75.79 01-51440-355 SUBSCRIPTIONS 150 150 0.00 0.00 0.00 150.00 100.00 01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 116.75 0.00 183.25 61.08 01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 0.00 1,207.51 0.00 207.51) 20.75- TOTAL SUPPLIES 4,950 4,950 57.33 2,171. 77 0.00 2,778.23 56.13 CAPITAL EXPENDITURES ~_._----.- DEPRECIATION & AMORT ---- --- -.- TOTAL PLANNING 209,880 209,880 7,847.13 122,555.72 0.00 87,1:'4,28 41 .1';1 P.8 28-2009 10:04 AM -GENERAL FUND ILDINGS & PROPERTY PARTMENTAL EXPENDITURES RCHASED/CONTRACT SERV 1-51620-200 CONTRACTUAL EXPENSE 1-51620-201 PROPERTY TAXES 1-51620-205 RENTAL OF OFFICES 1-51620-206 MAINTENENCE & CLEANING 1-51620-208 EQUIPMENT LEASES 1-51620-209 PROPERTY MAINTENENCE COST 1-51620-224 SIGNAGE TOTAL PURCHASED/CONTRACT SERV rpPLIES '1-51620-325 ELECTRICITY COSTS '1-51620-326 WATER CHARGES TOTAL SUPPLIES ,PITAlJ EXPENDITURES ;PRECIATION & AMORT TOTAL BUlJ"DINGS Iv PROPERTY BOYNTON BEACH CRA PEVENlill & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 ORIGINAL BUDGET AMENDED BUDGET %' OF BUDGET REMAINING MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE 2,700 2,700 0,00 1,527.08 0.00 1,1.'7;' 1~, . \.1 160,000 160,000 3,141.09 65,180.96 0,00 "'1 R10 ,~ ,1 ~~ ( 50,760 50,760 0,00 11,984.90 ?,~OO.OO I" 12,880 12,880 I,OJ5.00 6,083.62 0.00 is,79(, ~ :' 25,000 25,000 2,327.45 13,445.45 0.00 11,554.55 l(- 216,370 216,370 5,214.54 59,445.44 0.00 156,924.510 ~" .5"7, 10,000 10,000 0,00 700,00 0.00 _9,300~ 93. on ----,- 477,710 477,710 11,698,08 178,367.45 13,200,00 286,142.55 59.90 12,500 12,500 0,00 3,220.86 0.00 9.279,14 74.23 6,000 __~C10 563.51 3,003.7} 0.00 ___~..6.27 49.94 18,500 18,500 5F;3.r;1 h,224,5Q f).00 1).27'1,41 66,3S --"- 4 9 6 , 2 1 r, 40t :21(. I '=;f;] '3n L84, 59~': .11,1 (~( .']:- C' q;; <1.1 - ':j{:.- ;:-!-, 1.1 'I 5-28-2009 10: \II BOYNTON BEACH REVENUE & EXPENDITURES REPO,. . UNAUDITED) AS OF: MAY 31ST, 2009 01 -GENERAL FUND MARINA % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00 01-51630-209 PROPERTY MAINTENENCE 35,000 35,000 9,331.44 20,863.11 8,228.94 5,907.95 16.88 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 98,664.00 0.00 49,336.00 33.34 01-51630-242 MARINE FUEL STATION OVERH 50,000 50,000 2,719.76 22,199.88 0.00 ----.I!..~ .flQQ.-.1:~ 55.60 TOTAL PURCHASED/CONTRACT SERV 233,500 233,500 24,384.20 142,176.99 8,228.94 83,094,07 35.59 SUPPLIES 01-51630-325 ELECTRIC COSTS 20,000 20,000 753.17 7,487.19 0.00 12,512.81 62.56 01-51630-326 WATER COSTS 1,800 1,800 201. 23 1,386.71 0.00 413 .29 22.96 01-51630-327 GASOLINE & DEISEL FUEL PU 1,008,000 1,008,000 42,903.72 384,258.20 0.00 623,741.80 61. 88 01-51630-328 MARINA DIESEL SALES TAX 19,200 19,200 833.77 6,998.59 0.00 12,201. 41 63.55 TOTAL SUPPLIES 1,049,000 1,049,000 44,691.89 400,130.69 0.00 648,869.31 61.86 CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 TOTAL MARINA 1,287,500 1,287,500 69,076.09 542,307.68 8,228.94 736,963.38 57.24 P. 10 -28-2009 10:04 AM -GENERAL FUND ~UNICATIONS ~ TECHNOL0 PARTMENTAL EXPENDITURES RCHASED/CONTRACT SERV 1-51650-200 CONTRACTUAL EXPENSE 1-51650-210 CITY IT SUPPORT 1-51650-212 FINANCIAL SOFTWARE MAINTE TOTAL PURCHASED/CONTRACT SERV rpPLIES 1-51650-330 TELEPHONE LINES '1-51650-340 CELLULAR PHONES TOTAL SUPPLIES ,PITAL EXPENDITURES 11-51650-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES TOTAL ('OMMUNICATIONS t, TECHNOLO BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 ORIGINAL BUDGET il.MENDED BUDGET MONTHLY ACTIVITY VEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE " OF BUDGET REMAINING 5,500 5,500 0.00 725.00 (),OO 4,775.00 86.82 20,000 20,000 ,,278.10 :0,568.34 0.00 11,431.66 57.16 _ 6,500 ~ 0,00 0.00 0.00 6,500.00 100.00 ---- 32,000 32,000 1, ::>78 .10 Q,293.34 0.00 22,706.610 70,% 12.200 12,200 898.24 7,385.09 0,00 4,814.91 39,47 7,920 7,920 818.91 5,425.19 919.96 1,S74.J32 19.88 20,120 20.120 ] ,717.15 12,810.28 919,96 6,389.76 31.76 10,000 10,000 689.90 2,139.2~ 0.00 -.86G. 78 ,6J _._-~~ --..---- 10,000 10,000 689,90 2,139,2'7 0.00 6:,1:20 6::,120 ,~8c .'4,24:,S'i 1 5-28-2009 10: M 01 - GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 314,493 314,493 100.00 TOTAL CONTINGENCY 314,493 BOYNTON BEACH REVENUE & EXPENDITURES REPG . UNAUDITED) AS OF: MAY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 313,493 313,493 0.00 0.00 0.00 0.00 313,493 0.00 0.00 P. 12 TOTAL ENCUMBERED UNENCUMBERED BALANCE 0.00 0.00 313,493.00 313,493.00 0.00 313,493.00 % OF BUDGET REMAINING 100.00 100.00 '28-2009 10:04 AM -GENERAL FUND <KETING 'ARTMENTAL EXPENDITURES ~SONNEL SERVICES 1-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES RCHASED/CONTRACT SERV 1-57400-200 CONTRACTUAL EXPENSE 1-57400-216 ADVERTISING & PUBLIC NOTI 1-57400-218 ANNUAL REPORT & BROCHURES 1-57400-225 ASSOC. MEETINGS & SEMINAR 1-57400-226 MEMBERSHIP DUES 1-57400-227 DELIVERY SERVICES 1-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV 'PPLIES 1-57400-310 OFFICE SUPPLIES ,1 57400-355 SUBSCRIPTIONS '1-57400-360 BOOKS & PUBLICATIONS '1-S7400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES ;PRECIATION & AMORT TOTAL ~1ARKETING ORIGINAL BUDGET ~32 86,632 8,500 2,000 10,000 2,000 1,334 2,500 _~Jl2.Cl 36,334 7,500 1,100 100 u_8,900 17,600 14 (I, 5Gb BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 AMENDED BUDGET ~32 86,632 8,500 2,000 10,000 2,000 1,334 2,500 ~OOO 36,334 7.500 1,100 100 ~, J.Q.O 1'7,600 4n,5h6 MONTHLY ACTIVITY 3_,.} 61. 23 3,361.23 0.00 0.00 0.00 25.00 0.00 0.00 0.00 ~-~~ 25,00 51,94 0.00 0.00 0,00 51 C)4 ') ':i3P. YEAR-TO-DATE BALANCE _54,923.J5J '04,923.53 0.00 2.810.00 2,920.27 1,462.90 316.50 262.21 6,842.82 14,614,70 1,138.96 366.45 0.00 ,.419,52 ',924,93 ,.J.6 --j 1(. 3 TOTAL ENCUMBERED 0.00 '1. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ,00 l 00 I).OG ,00 UNF:NCUMBEP" BALAN," ___~708.47 31. 708 .47 8,500,00 810.00) 7,079.73 537.10 1,017.50 2,237.79 3,157.18 21,719.30 [),361.04 733.55 loo.on ;;,~O,48 I' ~ir 'F BUDGE, r sr,F, Tn J1:'" 36.60 36,60 100.00 40.50- 70.80 26.86 76.2'7 89.51 31.57 59,78 84.81 66.60 :'00,00 -"),81 5-28-2009 10: BOYNTON BEACH REVENUE & EXPENDITURES REPO~ JNAUDITED) AS OF: MAY 31ST, 2009 01 -GENERAL FUND SPECIAL EVENTS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE PRMAINING -- - PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 83,262 83,262 3,231.61 52,849.62 0.00 30,412.38 36.53 TOTAL PERSONNEL SERVICES 83,262 83,262 3,231.61 52,849.62 0.00 30,412.38 36.53 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 244.47 1,432.01 0.00 1,067.99 42.72 01-57500-226 MEMBERSHIP DUES 325 325 308.95 658.95 0.00 333.95) 102.75- TOTAL PURCHASED/CONTRACT SERV 2,825 2,825 553.42 2,090.96 0.00 734.04 25.98 SUPPLIES 01-57500-310 OFFICE SUPPLIES 3,500 3,500 112.66 947.72 0.00 2,552.28 72.92 01-57500-355 SUBSCRIPTIONS 250 250 0.00 96.34 0.00 153.66 61.46 01-57500-360 BOOKS & PUBLICATIONS 250 250 0.00 0.00 0.00 250.00 100.00 TOTAL SUPPLIES 4,000 4,000 112.66 1,044.06 0.00 2,955.94 73.90 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 250.00 0.00 4,750.00 95.00 TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 250.00 0.00 4,750.00 95.00 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 95,087 95,087 3,897.69 56,234.64 0.00 38,852.36 40.86 P. 14 -28-2009 10:04 AM -GENERAL FUND PLOYEE BEBEFITS PARTMENTAL EXPENDITURES RSONNEL SERVICES 1-59000-151 F.I.C,A, 1-59000-152 MEDICARE '1-59000-153 RETIREMENT PLAN 401(a) 11-59000-154 WORKERS COMP INSURANCE '1-59000-155 HEALTH INSURANCE 11-59000-156 DENTAL INSURANCE 11-59000-157 LIFE INSURANCE 11-59000-158 SHORT / LONG TERM DISABIL 11-59000-159 UNEMPLOYMENT CHARGES 11-59000-160 VISION INSURANCE 11-59000-161 COMPENSATED ABSENSES TOTAL PERSONNEL SERVICES TOTAL EMPLOYEE BEBEFITS ORIGINAL BUDGET 43,345 9,830 74,512 6,356 53.856 3,698 2,614 3,112 5,000 594 25,000 227,917 :::27,91' BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2000 AMENDED BUDGET 43,345 9,830 74.512 6,356 53,856 3,698 2,614 3,112 5,000 594 25,000 227,917 ')2', , ?J-' MONTHLY ACTIVITY 1.900.73 444.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,361.53 h,706.78 (~i706."'9 YEAR-TO-DATE BALANCE 26,476,85 6,652.88 34.217.00 2,154.49 32,511.12 2,160.23 859.11 1,593.10 1,650.00 316.84 ---,,-,.22:,9 . 64 116,311,26 1.1(,,311.26 5 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 n,OO " JO UNENCUMBERED BALANCE 16,868.15 3,177,12 40,295 OC 4,20J f; 1 '1,344,88 1,f;37,7~ 1,754.8? 1. I Slfj . ?(I ? I 350. iJ(j 7'.7'7 . U~ ~~80.~, 111,605,7.1 ;..} ~ ,(::;05. ~;'4 % OF BUDGET REMAINING 38.92 32.32 'l4.0P 66, 1C 39,63 11 ,58 _' --; . 1. ~ ~ 8 . t_~ J (; ~ . 0 C lC c;r. I:;' Ci . 1 J {.' cl 5-28-2009 10: 'I 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,066,581 TOTAL OTHER FINANCING USES 3,066,581 BOYNTON BEACH REVENUE & EXPENDITURES REPO, ,UNAUDITED) AS OF: MAY 31ST, 2009 AMENDED BUDGET 3,066,581 3,066,581 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 0.00 0.00 2,789,729.28 2,789,729.28 TOTAL DEBT SERVICE 3,066,581 0.00 276,851.72 9.03 0.00 276,851.72 9.03 ---------...- 0.00 276,8<;1.72 q .01 3,066,581 0.00 2,789,729.28 P. 16 -28-2009 10:04 AM - GENERAL FUND ANSFER OUT PARTMENTAL EXPENDITURES 'HER FINANCING USES 1-59999-990 INTERFUND TRANSFERS OUT TOTAL OTHER FINANCING nSES TOTAL TRANSFER OUT lTAL EXPENDITURES ORIGINAL BUDGET ~1,419 6,171.419 6,171,419 13,052,500 BOYNTON BEACH CRA R8VENUE & EXPENDITURES REPORT IUNAUDIT8D) ~S OF: MAY 31ST, ~ooa AMENDED BUDGET u~~-,.419 6,171.419 6,171,419 13,052,500 ------------ ------------ ------------ ----------- ~VENUES OVER/I(mDER\ EXPENDITURES o MONTHLY ACTIVITY 130,980.22 YEAR-TO-DATE BALANCE 0.00 0.00 3,085,709.50 3,085,709,50 0.00 3,085,709.50 7,410,795.72 n '2,842.(9) 1,497,662.52! ""' ! TOTAL ENCUMBERED 0.00 0,00 79,129.05 "79,129.0', UNENCUMBERED BALANCE 3,085,709,50 3,085,709.50 0.00 3,085,709.50 5.562,575,23 ", OF BUDGET REMAINING 50.00 50.00 50.00 42.62 5-28-2009 10: 02 -PROJECTS FUND FINANCIAL SUMMARY BOYNTON BEACH REVENUE & EXPENDITURES REP01 JNAUDITED) AS OF: MAY 31ST, 2009 ORIGINAL BUDGET %- OF UNENCUMBERED BUDGET BALANCE REMAINING AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED REVENUE SUMMARY FESTIVALS & EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY OPERATING EXPENSES CAPITAL OtITLAY AFFORDABLE HOUSING ECONOMIC DEVELOPMENT PROJECTS AND PROGRAMS TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES 0 0 0.00 12,065.79 0.00 12,065.79) 0.00 0 0 0.00 5,339.16 0.00 5,339.16) 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 3,085,709.50 0.00 3,585,709.50 53.75 6,971,419 6,971,419 0.00 3,103,114.45 0.00 3,868,304.55 55.49 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 465,000 465,000 2,804.76 28,968.00 53,086.30 382,945.70 82.35 4,091,279 4,091,279 0.00 68,997.41 692,605.39 3,329,676.20 81.38 860,000 860,000 128,100.00 341,917.44 0.00 518,082.56 60.24 809,795 809,795 31,621.00 462,792.80 26,347.50 320,654.70 39.60 745,345 745,345 77,818.61 339,482.15 21,574.00 384,288.85 51.56 6,971,419 6,971,419 240,344.37 1,242,157.80 793,613.19 4,935,648.01 70.80 ------------ -.....---------- ------------- ------------- ------------- ------------- ------------ ------------ ------------- ------------- ------------- -- ~------ 0 0 240,344.37) 1,860,956.65 793,613 .19) ( 1,0(,7,141,,)';\ II nn P. 1 -28-2009 10:04 AN 'PROJECTS FUND VENUES STIVALS & EVENT INCONE 2-44100 FESTIVAL & EVENT INCOME TOTAL FESTIVALS & EVENT INCOME ,VESTMENT INCOME 2-46100 INTEREST INCOME TOTAL INVESTMENT INCOME :SCELLANEOUS 12-48100 MISCELLANEOUS INCOME TOTAL MISCELLANEOUS ~HER FINANCING SOURCES \2-49100 OTHER FINANCING SOURCES )2-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES !TAL RE'.TENUES ORIGINAL BUDGET . 300, 000 300,000 500,000 _6,171,419 6,671.419 ,97} 41~~ BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2000, AMENDED BUDGET o [) o o 0.0 ~----~ o 300,000.0 300.000 500,000.0 6 , 1 71 r~ 12 . CJ 1';,671,419 (- qil 41" MONTHLY ACTIVITY 0,0 n 0.00 ----~_.,-- -~ r;,Oo 0.00 0.00 0.00 ----~-~.,._._- n.OO 1),00 0,00 0,00 YEAR-TO-DATE BALANCE __12, 065 ~?~ 12,065.79 5,339.16 5,339.16 0.00 ----~- 0.00 0.00 '., 085,709.50 1,085,709.50 00 l03114,45 ., TOTAL ENCUMBERED 0.00 0.00 ' 0.00 \ 0,00 0.00 0.00 :1.00 0.00 0,00 '(; OF UNENCUMBEPFT BUDGET P,l\I,J\f'TI 'E ~ r.r<."j\ TPJI':rr- 1:2 I 06~; '-'(1 1~,06r; 5,339,16) 5,339.16) 300,000.00 300.000.00 500,000,00 :".085,709.50 3,585,709,50 'In ~,ShP" 304.SC I.rl! 0.00 0.00 100.00 100,00 100,00 50.0C 53 . '75 S~, .4: r, 5-28-2009 10: \! BOYNTON BEACH REVENUE & EXPENDITURES REPC JNAUDITED) AS OF: MAY 31ST, 20U~ 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 02-58100-202 CONTINGENCY EXPENSE 02-58100-203 CONTRACTUAL EXPENSE 02-58100-213 LEGAL FEES TOTAL PURCHASED/CONTRACT SERV 90,000 90,000 0.00 0.00 0.00 90,000.00 100.00 300,000 300,000 414.91 22,597.60 53,086.30 224,316.10 74.77 75,000 75,000 2,389.85 6,370.40 0.00 68,629.60 91.51 465,000 465,000 2,804.76 28,968.00 53,086.30 382,945.70 82.35 465,000 465,000 2,804.76 28,968.00 53,086.30 382,945.70 82.35 TOTAL OPERATING EXPENSES P.3 28-2009 10:04 AM -PROJECTS FUND 'ITAL OUTLAY OARTMENTAL EXPENDITURES PITAL EXPENDITURES 2-58200-400 LAND 2-58200-404 CONSTRUCTION IN PROGRESS 2-5820n-405 SITE WORK AND DEMOLITION 2-58200-406 INFRASTRUCTURE AND STREET TOTAL CAPITAL EXPENDITURES TOTAL CAPITAL OUTLAY ORIGINAL BUDGET 650,000 2,000,000 75,000 1,366,279 4,091.279 '1 , 091 , 279 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MAY 31ST, 2009 AMENDED BUDGET 650,000 2,000,000 75,000 __1,366,279 4,091,279 t.091,:no MONTHLY ACTIVITY YEAR-TO-DATE BALANCE n.oo 0.00 n.OO 0.00 0,00 0.00 Gl,277.41 -',720.00 0.00 -_."~ 68,997.41 0.00 68,997.41 t TOTAL ENCUMBERED n.oo 642,605.39 0,00 _5~) , 000_.9_0 692,605,3Q 692,605. ,0 UNENCUMBERED BALANCE 1; OF BUDGET REMAINING 650,000.00 1,296,117,20 G7,280,(!l' 100.00 64.8] S~) . 'I J :1( 11 l, II r: ~ '7 q . r1 (-, J '~r; r.,'~ 1- 5-28-2009 10:' 1 BOYNTON BEACH r REVENUE & EXPENDITURES REPO. INAUDITED) AS OF: MAY 31ST, 20u~ 02 -PROJECTS FUND AFFORDABLE HOUSING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 02-58300-420 RESIDENTIAL IMPROVEMENT P 160,000 160,000 0.00 195.00 0.00 159,805.00 99.88 02-58300-421 HOME BUYERS ASSISTANCE PR 300,000 300,000 78,100.00 260,372.31 0.00 39,627.69 13 .21 02-58300-473 AFFORDABLE ACCESS PROGRAM 400,000 400,000 50,000.00 100,000.00 0.00 300,000.00 75.00 02-58300-474 HOB RESIDENTIAL IMPROV.PR 0 0 0.00 18,649.87) 0.00 18,649.87 0.00 TOTAL CAPITAL EXPENDITURES 860,000 860,000 128,100.00 341,917.44 0.00 518,082.56 60.24 TOTAL AFFORDABLE HOUSING 860,000 860,000 128,100.00 341,917.44 0.00 518,082.56 hn.~4 P.5 -28-2009 10:04 AM -PROJECTS FUND JNOMIC DEVELOPMENT PARTMENTAL EXPENDITURES PITAL EXPENDITURES 2-58400-440 FACADE GRANTS-COMMERCIAL 2 58400-442 TRANSPORTATION PROGRAM TOTAL CAPITAL EXPENDITURES TOTAL ECONOMIC DEVELOPMENT ORIGINAL BUDGET 75,000 _"7l~-,-122 809,79'0 809.795 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (TJNAUDITED\ AS OF: MAY 31ST, 2009 ,?\MENDED MONTHLY YEAR-TO-DlI.TF: TOTAL UNENCUMBEREI' BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAININrc ----- 75,000 3,652.50 27,989.29 26,347.50 20,663.21 2'7.55 734,795 _~~ '_"-2 ',l}4,80~ 0.00 299,991.49 40.83 ---'.- 809,795 31,621.0(1 462.792,80 26,347.50 320.654.70 39.60 -----._-- --- -- 809,795 31,621.00 462,792.80 26,347.50 320,654.70 39.60 -, 5-28-2009 10: "l BOYNTON BEACH REVENUE & EXPENDITURES REPC UNAUDITED) AS OF: MAY 31ST, 2009 02 -PROJECTS FUND PROJECTS AND PROGRAMS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 475,345 475,345 63,790.73 230,239.54 21, 574.00 223,531.46 47.03 02-58500-480 COMMUNITY SPECIAL EVENTS 270,000 270,000 14,027.88 109,242.61 0.00 160,757.39 59.54 TOTAL CAPITAL EXPENDITURES 745,345 745,345 77,818.61 339,482.15 21,574.00 384,288.85 51. 56 TOTAL PROJECTS AND PROGRAMS 745,345 745,345 77,818.61 339,482.15 21,574.00 384,288.85 51. 56 P. 7 28-2009 10:04 AM -PROJECTS FUND ,NSFER OtIT - ASSET TRA OARTMENTAL EXPENDITURES ,ER FINANCING USES rAL EXPENDITURES VE~mES OVER/(ONDER) EXPENDITURES ORIGINAL BUDGET ~,971,4]q BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS 0F: MAY 31ST, 2009 AMENDED BUDGET ",,971,410 o MONTHLY ACTIVITY 240,344.3"' o YEAR-TO-DATE BALANCE l,242,lS7.80 TOTAL ENCUMBERED 793,613.1:1 , OF UNENCTJ1>1BEpr" nUVGE'T 13.1\ Ll\nrp "~r'!' IlTTl1"-' 1,~35,648.01 '70.8" -~--------~~- ------------- ---- -------- ----------~-- 0.00 240,344.371 1,860,956.65 ( ~ ~93,613,191 I 1,067,343.461 VI. CONSENT AGENDA: C. Monthly Procurement Purchase Orders ;:,~~~/2/:, ;;:.., '~" ' l~'~ ,,'\ ~~~~Y~T2~1c . iI East Side-West S"lde-Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Monthly Procurement Purchase Orders SUMMARY: . This item is per the January 13, 2009 CRA Board meeting re: Procurement Policy (minutes attached). . There are no items for the month of May 2009 that have not been previously approved by the CRA Board. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: None i:2o~ Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2008 . 2009 Board Meellngs\6-9-09 Meeting\Purchases Less Than $25,OOO,doc Meeting Minutes Community Redevelopment Agency Board Meeting Boynton Beach, FL January 13, 2.00S Mr. Weiland inquired whether tne $400,000 designated for RTG Construction, me ria been approved. Ms. Harris responded it had been approved in the budget process Bright noted the expenditure had been approved by the Board prior to the budget. an, was formally approved during the budget process. While this item was also bUdgete\ for the Homebuyers' Assistance Program (HAP), some monies were designater specifically for RTG. Other Board-approved homeowners' assistance funds woulo D~ allocated from the proceeds remaining from bond #2. Motion Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed unanimously. C. Approval of Updated Administrative Policy Manual Chair Taylor noted Attorney Cherof wished to work with staff to make minor revisions to the document, which would subsequently be brought back before the Board. He requested a motion to table. Motion Vice Chair Rodriguez moved to table. Mr. Hay seconded the motion that passed unanimously. D. Approval of Updated Procurement Policy Vice Chair Rodriguez inquired as to the previous dollar amount that could be approved by the Executive Director prior to the $25,000 procurement baseline. Ms. Harris responded any purchase under $10,000 could be approved by the Executive Director. The review of the policy had been part of the extensive process when all of the administrative and financial procedures were reviewed for the 2008 audit. Staff was aware the approval levels were outdated. Ms. Harris reviewed other CRA approval levels and conferred with the CRA's auditor. It had been determined that the CRA mirrored the City's approval level. In line with the previous policy and the growth in the CRA, the approval levels were required to be updated. Vice Chair Rodriguez asserted he was not comfortable increasing the approval level from $10,000 to $25,000. It was noted that while the City Manager was authorized to approve any purchase under $25,000, he proVided a report of the items procured for the Board's review as part of the Consent Agenda. Vice Chair Rodriguez inquired whether it was the Board's desire for the Executive Director to provide a report as well. Chair Taylor and Mr. Hay concurred. 4 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 unani mously. E. Approval of Sponsoring the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM) Ms. Ross noted she was pleased the CRA and the City were sharing the expense for the $2,000 sponsorship. She inquired whether CRA Board members were involved or whether this pertained to staff participation. Ms. Bright explained the CRA had been approached by the City Commission, through the City Manager, to split the cost of the $5,000 membership ($2,500 to be paid by both the CRA and the City). Splitting the cost allowed for the participation of the City Manager and two Commissioners. Membership was key to the CRA as an economic development engine. Vice Chair Rodriguez pointed out the event was not included within the membership previously approved by the Board and inquired whether this item had been budgeted. It was noted the item had not been budgeted and funds would be required to be allocated from contingency. Chair Taylor noted staff was recommending the Board sponsor the event at a cost of $1,000 and requesting the City contribute the remaining $1,000. Ms. Ross questioned the resolution included with the meeting materials which had been adopted by the previous CRA Board on November 14, 2006. Ms. Bright noted the resolution had been included in error. Vice Chair Rodriguez believed the sponsorship benefits for the event were wonderful, but did not feel the event was necessary. He felt the dollars could be put to better use. Ms. Bright pointed out that while the CRA had membership in the County Business Development Board, staff did not serve on the Board. Opportunities for CRA participation were always in addition to the membership and corresponded to the CRA's mission. Vice Chair Rodriguez felt the issue should be discussed during the budget process. Chair Taylor noted the Board's sponsorship could be approved at this meeting, and a request could be made to the City Commission for its share. 5 VI. CONSENT AGENDA: D. Approval of Funding up to $50,000 from Homebuyers Assistance Program to Latasha Norfus and Rakera Ramsey ,{ . \\/"'" ," ,. .,~' --.', '-~. "/ "".. ,I ,.oc', . ','-""< , I? ~~;"'"'''' " ~t~. ~~Y~T2~rC RA i*. East Side -West Side - Seaside Rena<,ssance eRA BOARD MEETING OF: June 9, 2009 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $50,000 from the Homebuyers Assistance Program to Latasha Norfus and Rakera Ramsey SUMMARY: Ms. Latasha Norfus and Ms. Rakera Ramsey are purchasing a single family residence located at 222 NW th A venue, the fourth of eight (8) R TO Construction built single family homes which were approved by the CRA Board to receive HAP program funding. Ms. Norfus and Ms. Ramsey's household income has been certified as very low income per HUD 2009 guidelines. Ms. Norfus and Ms. Ramsey 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. 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 $50,000 from Bond II proceeds. Line Item 58300-473. CRA PLAN, PROGRAM OR PROJECT: Homebuyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Latasha Norfus and Rakera Ramsey in the purchase of 222 NW th Avenue, subject to execution ofthe eRA's mortgage, note and agreement at the closing ofthe property. / - 1 //j?/ " ~~~p~/?~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Norfus-Ramsey HAP,doc ~~S@asidf! ~~ """,.,..,,'!ft"11rt,'T., Date: Lender: Con tact: Phone: Cell: Fax: Buyer(s): Seller: REQUEST FOR SUBSIDY May 30, 200c Seaside National Bank & Trust 4290 Professional Center Drive, Suite 20 I Palm Beach Gardens, FL 33410 Peggy S. Miller (561) 537-4048 (561) 602-9606 (561) 340-1225 Latasha Norfus Rakera Ramsey ZMJ Investments, LLC RTG Construction, Inc. Property Address: 222 NW 7th Avenue Boynton Beach, FL 33435 Year Built: 2008 Bedrooms: 3 Garage: 1 Square Footage: Bathrooms:L__.. 1326 Purchase Price: $223,000 Loan Amount $113,960 (Base loan $112,000 + $1,960 MIP) Subsidy Requested $50,000 Household Size: 6 Annual Income: $40,400.84 Income Classification: Very Low Monthly Housing Expense/Front Ratio: $1037.47/29.145% All other Monthly Debt/Back Ratio: $381.00/42.658% VI. CONSENT AGENDA: E. Approval of Funding up to $50,000 from Homebuyers Assistance Program to Dallo, Glaiseda and Renel Bosquet r I" " i ",,'" k~~~, i,~t 30vNT-ON'C.. .'.RA'.' l~,i ~'3 -II A C -HI < ,. .... . .... . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF~ June 9. 2009 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $50,000 from the Homebuyers Assistance Program to Dallo, Glaiseda and Renel Bosquet SUMMARY: Dallo, Glaiseda and Renel Bosquet are purchasing a single family residence located at 721 NW 2nd Street, the fifth of eight (8) R TG Construction built single family homes which were approved by the CRA Board to receive HAP program funding. The Bosquet household income has been certified as moderate income per HUD 2009 guidelines. Dallo, Glaiseda and Renel Bosquet 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. 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 $50,000 from Bond II proceeds. Line Item 58300-473. CRA PLAN, PROGRAM OR PROJECT: Homebuyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Dallo, Glaiseda and Renel Bosquet in the purchase of 721 NW 2nd Street, subject to execution of the CRA's mortgage, note and agreement at the closing of the property. \ /~ ~/ -- I I, ~ .A/0~~-'---~) Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Bosquet HAP,doc ~~~@aside '. f" -, ,! 1- ~ .,~ ,',. ).' Date: Lender: Contact: Phone: Cell: Fax: Buyer(s): Seller: REQUEST FOR SUBSIDY May 27,2009 Seaside National Bank & Trust 4290 Professional Center Drive, Suite ~() Palm Beach Gardens, FL 33410 Peggy S. Miller (561) 537-4048 (561) 602-9606 (561) 340-1225 Dallo & Glaiseda Bosquet Renel Bosquet ZMJ Investments, LLC RTG Construction, Inc. Property Address: 721 NW 2nd Street Boynton Beach, FL 33436 Year Built: 2009 Bedrooms: 3 Garage: 1 Square Footage: Bathrooms: 2 ____u.'_.__.____ 1099 Purchase Price: $199,900 Loan Amount $152,523 (Base loan $149,900 + $2,623 MIPl Subsidy Requested $50,000 Household Size: 3 Annual Income: $60,576.00 Income Classification: Moderate Monthly Housing Expense 1 Front Ratio: $1202.22/23.809% All other Monthly Debtl Back Ratio: $629.00/36.2660;() VI. CONSENT AGENDA: F. Downtown Master Plan Update eRA BOARD MEETING OF: June 9, 2009 I x I Consent Agenda I I Old Business New Business Legal Other SUBJECT: Downtown Vision and Master Plan (DMP) Update SUMMARY: . At the May 12,2009, CRA Commissioner Rodriguez wanted to know what was being done to redevelop the downtown area. . In October of 2006, the CRA Board directed CRA staff to develop a comprehensive plan to serve as a roadmap for the future redevelopment efforts and activities of the CRA. . At the time, the 1,650 acre CRA District was governed primarily by the following redevelopment plans: 1) 1983 - Community Redevelopment Plan 2) 2001 - Federal Highway Corridor Community Redevelopment Plan 3) 2001 - Ocean District Community Redevelopment Plan 4) 2003 - Heart of Boynton Community Redevelopment Plan 5) 2006 - Federal Highway Corridor Community Redevelopment Plan Update . March 25, 2008 - EDA W presents the DMP to the CRA Board for comment. . April 15, 2008 - CRA Board conceptually approves the DMP. . December 9, 2008 - CRA Board Adopts Resolution No. 08-07 Amending the Community Redevelopment Plan to Include the Downtown Master Plan, a Community Policing Innovation Program and Infrastructure Improvements. . December 16, 2008 - City Commission 1 ST Reading of Ordinance 08-035 Amending the Community Redevelopment Plan to Include the Downtown Master Plan, a Community Policing Innovation Program and Infrastructure Improvements. . January 6, 2009 - City Commission 2nd Reading Ordinance 08-035 (Tabled) . January 20, 2009 - City Commission 2nd Reading Ordinance 08-035 . Goals and Guidin~ Principles of the Downtown Master Plan 1. Create a family friendly mixed-use downtown core of concentrated activity. a. The land use is in place to entice private development to implement the DMP. However, due to lack of capital in the financial markets, commercial and residential projects are not being T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\DMP Update,doc \. 3......Q._Vr"!.,lT..() ..,....~.l~...... ... . . . ...3 i A (""'H . _ East ~ide- We~ Side-Seaside Renaissanc~ funded. Prior to tile failure of the capital markets, the CRA was able to attract several iari2-c mixed-use projects as highlighted in the State of the CRA presentation ~Iides attache(. b. CRA staff continues to market available development sites within the CRA. For instance. this past fall the CRA had a booth at the International Urban Land Institute meeting in Miami which attracted 8,000 attendees. Staff development boards and packets vvith infonnation 011 five major development sites in the CRA (See slides 14 & I:' pf the "ltate of the eRA) 2. Protect single-family neighborhoods adjacent to downtown. a. Both the CRA's Residential Improvement Cirant and Homebuyer's Assistance Programs support this goal. (State of the CRA) 3. Create a cultural center around existing cultural providers. a. Control of the Old High School reverted back to the City in October 2008, 10 date no decision has been made on the future of the High School. b. Staff has been working with propert) owners and the Arts Commission to help create the Arts District recommended for Ocean A venue between Federal and to create the Cultural COITidol as recommend by the DMP. 4. Preserve the existing historic fabric of the community. a. The City does not have a Historic Preservation Ordinance. However, the CRA owns a feV\ properties recognized by the City as having historical value; the Jones Residence at 20 I N L 1st Ave and the Oscar Magnuson home at 211 E. Ocean Avenue. Next month staff will be installing signs on these properties identitying them as historically significant. b. CRA staff continues to dialog with interested parties on the potential development of the ()Id High School. 5. Provide improved public access to the water. a. The CRA purchased the Boynton Harbor Marina in 2006 and the adjacent waterfront parceL fuel docks and 70 public parking spaces in 2007. The CRA is issuing an RFP to redesign and repair the slips. The Marina Master Plan is also approved. Staff has submitted requests fill federal stimulus monies to help cover the cost ofthe redesign. b. The CRA continues to pay for the maintenance and repairs of the Promenade Park on the Intracoastal. c. The CRA continues to pay for the maintenance and monitoring of the mangrove area at Jaycee Park. d. Staff is actively working with the Treasure Coast Planning Council and Palm Beach County on the Intracoastal Access initiative. e. Staff is supportive of creating a Marina overlay zone for the manatee green area in order 11\ incentivize development of marinas and access to the Boynton Inlet 6. Connect existing greenspace. a. This is a long tenn plan for acquisition of nonconfonning businesses and parcels along the west side of Federal Highway north ofNE 6lh Avenue Highway and to incorporate them into the City's existing Parks & Greenway Plan within the CRA district. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\DMP Update,doc 7. Address visual blight. a. The CRA's Commercial Fa9ade Grant Program addresses this recommendation of the DMP. b. In 2008, after the conceptual approval of the DMP, CRA staff brought forward an economic development tool known as a "Brownfield" designation. This designation allows for both state and federal dollars to flow to properties needing environmental remediation allowing the properties to get sold or redeveloped. The City Commission voted this initiative down in May of 2008. The Brownfield designation was brought back to the CRA Board at the request of the Chamber of Commerce. CRA staff is currently working on a map and resolution for the designation of the commercial, industrial and HOB areas which will be presented to the CRA Board for recommendation to the City Commission for eventual adoption. 8. Provide a balance of housing and employment, including affordable housing near employment centers. a. The CRA has been recognized locally, statewide and internationally for its work in affordable housing initiatives and programs. b. CRA staff actively works with the Business Development Board to remediate the following barriers to attracting an office/employment market to the downtown: lack of "A" rated schools for education, transportation, residential units and crime. These four issues are barriers that are contributing factors in preventing Boynton Beach from becoming an excellent choice for an office market and CRA staff supports all efforts to remove such a barrier. (State of the CRA slides 7, 8 and 9) 9. Provide community services near neighborhoods. a. In 2007, the CRA awarded the Community Caring Center and the Women's Circle $200,000 to be used to purchase larger facilities and better serve the community. The Women's Circle has a contract for a new location and should close on it in August. CRA staff is working with the Community Caring Center on developing a plan for the remainder of the funds. b. Staff is working with a non-profit organization recently funded by the Quantum Foundation for a location of a 4,000 sq. ft. clinic. 10. Support local business retention. a. CRA staff brought forward an Economic Development Plan (see attached Plan) which was approved by the board in November 2008. b. The CRA created a database of all small businesses and commercial space within the CRA. c. CRA staff provides assistance to businesses by creating and distributing press releases. d. Staff is currently working with the businesses on creating on-line "Google" street maps. e. Staff is working on a cooperative advertising program with the Convention & Visitors Bureau. f. The Board approved a contract with REG to provide design assistance for architectural renderings for fa9ade renovations g. Staff is investigating the potential of free business development classes and a revolving loan fund. h. The CRA partners with the Chamber on groundbreakings and grand openings. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\DMP Update,doc 30YNT'C-)l"[ ,~ ' .3tAC~~L, _ East Side- Wes~ Side-Seasid~ Rena"lssance I. The Commercial Fayade Grant Program I~ prnmm Iy lIsed hy existing businesses to improve their exterior. 11. Phase redevelopment to generate momentum for future redevelopments. a. An example of this would be "The Preserve" project 12. Articulate a clear vision and provide feasible and realistic implementation steps. a. Due to a 9.7% reduction in the CRA' s FY08-09 Budget many goals were tabled and this \vi II most likely continue during the next budget cycle. . CRA Project Map: CRA Funded Projects: 1.) Boynton Harbor Marina - Underway 2.) The Preserve - Underway 3.) The Promenade - Completion date: Summer 2009 4.) Boynton Beach Blvd. Extension/Promenade Park - Completed 2006 5.) MLK Corridor - Underway 6.) Ocean Breeze -West Side; Under contract for Single-Family Homes East Side: Out of Contract Private Development Projects: 1.) The Peninsula - Bankruptcy filed in 2008; project completion 2010. 2.) Marina Village - Completed 2007 3.) Las Ventanas - Completion Date: Fall2009 4.) Sunshine Square - Renovation Completed 2009 5.) Estancia - Completed 2007 6.) Baywalk - Completed 2007 7.) Bayfront - Completed 2007 8.) Waterside - Completed 2008 9.) Tuscan Villas - Phase 1 Completed: 2007; Phase 2 Underway 10.) Gulfstream Gardens - In for Permit with the City of Boynton Beach ] 1.) Gulfstream Mall- Reverted to Commercial and actively pursuing large scale tenants. 12.) Bank of America Site - CRA staff actively works with developer for potential site redevelopment such as response to City Hall Relocation RFP. 13.) 500 Ocean Plaza - CRA staff actively works with developer for potential site redevelopment such as proposal assistance to City Hall Relocation RFP. FISCAL IMP ACT: None. CRA PLAN, PROGRAM OR PROJECT: City of Boynton Beach Vision and Master Plan (DMP) T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\DMP Update,doc ",~V Jr~ 1"'''' .'.. ""'~: 1/ ...,~' ;, ~ ~~Y~T2~1~c RA . East Side-West Side-Seaside Renaissance RECOMMENDATIONS: None. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\DMP Update.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 12, 2009 Mr. Weiland inquired about the economic development grants to improve interiors and exteriors. Staff responded the Facade Grant program had changes. Business owners build-out their interiors, which is more expensive than painting an exterior. Sometimes the exterior of the building does not need improvement. Most businesses need help with their interiors; however, businesses cannot not receive assistance from the City. The Board received this type of request in the past and the Board was not receptive to the request. Ms. Bright expressed it was a worthy program, There were not very many programs to help with expansion and it appeared to be a deterrent for launching small business development. As a result, staff had to identify where the deficits were and how to address them. The grant was only available once every three years. Staff was reviewing appropriate changes to make in the program, however, after discussion, it was decided the item would be discussed at the end of the budget. Mr. Weiland inquired if setting funds aside for a micro-loan fund would put the Community Redevelopment Agency in the position of being in the banking business. Ms. Brooks clarified it would not; it would be handled through the Community Loan Fund which has loan officers and handles collections. Staff would work with the business and bring them forward. The Community Loan Fund was a non-profit agency, funded in partnership with the County, and partially by the bank membership, similar to a federal home-loan bank concept. It was dedicated to minority- owned and micro-businesses. Small loans are issued and the loans are collateralized. It was also similar to the service provided by the Community Development Corporations to the Community Redevelopment Agency. They were intermediaries. Chair Taylor shared Mr. Weiland's concem and thought funding interior repairs should be examined more closely. The micro-loan program was a revolving loan. Collateral could be inventory, equipment, or personal property. Ms. Bright suggested the Loan Fund could act as the intermediary, and staff appropriate monies. She indicated staff would bring additional information back to the Board, specifically about what happens if the business failed, and if there was a service charge or fee. Staff may request the Loan Fund make a presentation to the Board. Other Community Redevelopment Agencies utilize revolving loan funds and loan guarantees for banks for businesses. Ms. Bright explained the type of programs offered were contingent on the needs of the community. These types of concepts would benefit the downtown area and Ms. Bright was asked if the programs were restricted to the Heart of Boynton. It was explained staff was addressing the Heart of Boynton; however, the concepts could benefit downtown businesses. Mr. Rodriguez explained he emailedMs.Bright about what was being done to redevelop the downtown area. Ms. Bright did not recall the email.Mr. Rodriguez did not copy the other Board members on the email.ltwasagreedtheitemwouldbeputonafutureagenda.Ms.Bright clarified the Economic Development Plan regarding the Downtown Redevelopment was not approved until December of 2008. The initiatives were all new. There was money in the budget and staff could implement a district-wide plan. Mr. Weiland indicated legally, monies designated for the Heart of Boynton were not voted on. There was discussion the concept was discussed at a workshop; however, Chair Taylor recalled it occurred at a special meeting. Discussion at that meeting included a question about what would happen to the funds set aside for the Auburn Group, and there was agreement to leave the money in the Heart of Boynton. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Ms. Bright noted staff was asked at the last meeting to bring this item back to define guidelines and develop an application process for a new grant program. The program would provide financial assistance to community groups and homeowners' associations (HOAs) in the CRA district to pay fees for the use of City facilities for meetings. Staff obtained a list of all available facilities, which also contained the fee classification and rental amounts. This information is set forth in the backup material, and a copy is on file in the City Clerk's office. The community group or HOA would be required to exist as an official entity within the State. The amount available to each entity was not to exceed $1,500 in a one-year period and covered the cost of rental, security deposit, staffing and janitorial fees. Costs to remedy damages to a City fadlity would not be reimbursed by the CRA and would be borne by the community group or HOA. The program would only be open to organizations or HOAs within the CRA district. Staff recommended approval of the Community Center Grant Program. Highlights of the board's discussion included: . Language should be included to require the entity was in good standing with the State of Florida. (Attorney Doody noted this was covered in the guidelines). . Suggestions were made for the eRA to fund the monthly meetings held by the Inlet Cove Association (INCA). . The CRA should piggyback on the City of Boynton Beach's policy. . Fees should be collected per meeting. . Benvenuto was not on the list. Motion Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed unanimously. The board recessed at 8:37 p.m. and reconvened at 8:45 p.m. B. Presentation by EDAW of draft: Downtown Master Plan Ellen Heath, of EDAW, advised she was accompanied by Tom Lavash and Cesar Garcia. Ms. Heath provided a project overview. The Plan would proceed in phases. Phase 1, Understanding the Community, set the groundwork for the Master Plan and would focus on gathering background information and data as well as identifying key 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 issues addressed in the Master Plan. Community outreach in this phase included community stakeholder interviews, a Steering Committee meeting and a Visioning Charrette. Phase 2, Vision and Scenario Development, focused on the vision of the community and would develop planning themes, needs and goals and a market economic analysis. Phase 3, Action Plan for the Vision, included the Master Plan and recommended implementation plan, which included a feasibility and funding needs assessment. A final public Open House was also held. An action plan for the vision would be implemented. Key themes from previous plans included establishing a downtown center, creating a unique identity or image, implementing urban design projects and supporting commercial revitalization. The visioning charrette focused on elements such as waterfront, public parking, gateways into the City, redevelopment of the Marina, Green building techniques, historic preservation, public art, and marketing and promoting the CRA. Workforce housing would be provided wherever possible. Efforts would be made to encourage economic development and job creation, Community policing would be promoted between local communities and their police departments . Tom Lavash, Economic Research Associations (ERA), provided a summary of economic benefits and Tax Increment Financing (TIF) analyses. The CRA participated in the acquisition of land for development, assisting ongoing developments and funding seed projects to revitalize the City. Economic benefits included 500-600 construction jobs, 1,200 permanent jobs, $3.sM in annual retail sales tax receipts, and $s2sM used to help finance TIF revenues. This resulted in new property tax revenues of $133M over a 1s-year buildout phase. The key issue in their TIF analysis was to net out existing assessed values on priority sites. Additional spinoff impacts generated by "Big Moves" (action steps to implement the Master Plan) identified in the Plan were likely. New ad valorem taxes produced a potential TIF bonding capacity of $43M. Cesar Garcia, of EDAW, noted Big Moves focused on areas for redevelopment along Ocean Avenue, Federal Highway, Seacrest Boulevard, Boynton Beach Boulevard and Martin Luther King Boulevard (MLK). A Transit Oriented Development (TOD) district was envisioned along Federal Highway between Boynton Beach Boulevard and Ocean Avenue. These would provide transit-supportive densities and pedestrian-friendly amenities. Neighborhood commercial nodes were envisioned at the intersections of MLK, Seacrest and Federal Highway. The Big Moves were essential in creating a downtown core. The Plan identified approximately 100,000 square feet of office space, between 90,000-100,000 square feet of street-level retail space and approximately 900- 1,000 units of residential space. New development opportunities were envisioned at the intersection of Boynton Beach Boulevard and Ocean Avenue, including mixed-use buildings. Cultural and civic campuses would organize the existing uses in the area into aesthetically pleasing uses, including the relocation of City Hall to accommodate current future growth. A new City Hall would create a nexus of public activities and services. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 The relocation of City Hall could provide the opportunity to preserve the Old High School structure, and the old aty Hall site would be offered up for redevelopment. Key points would support historic preservation, a campus environment with usable public space, approximately 22,000 square feet of office space and job creation. The cultural corridor along Ocean Avenue connected the cultural/civic campus to the TOO district. Live-work space lined the avenue in mixed-used buildings. New multifamily development was envisioned opposite offices and galleries. A new identity for Ocean Avenue was proposed from Seacrest Boulevard to the marina. The civic buildings near Seacrest and Ocean Avenue were envisioned as part of a new civic campus anchoring the west end of the new cultural corridor. The east end was anchored by a new pedestrian and retail hub which acted as the gateway to the TOO district. Mixed use redevelopment would fill in the "missing teeth" along Ocean Avenue, and a new identity would be shaped through streetscaping. The MLK and Seacrest activity node included a mix of uses and community services including limited retail, office, mini-police precinct and health-related services for the public as well as multifamily, single family and townhouse units. The Federal Highway node included space for a neighborhood market and a gateway to the Linear Park. The MLK Seacrest and Federal neighborhood centers would result in a strong residential identity for MLK, a Seacrest Neighborhood Center anchoring the west, and a Federal Highway and MLK gateway anchoring the east. Key points to MLK neighborhood center redevelopment sites included community amenities, proximity to retail areas and a proposed street linking the neighborhood to the canals. The development of the Federal Highway Linear Park would provide 100-125 live/work housing units and limited retail of approximately 45,000 square feet. It would allow existing viable businesses to remain, and would screen existing industrial buildings with Facade Grant incentives. The board thanked the ERA representatives for their fine presentation. XII. Future Agenda Items None. XIII. Comments by Staff Mr. Brooks announced the eRA would be hosting an open house relating to affordable housing in the HOB. A single-family house was built by Habitat for Humanity and would be available for a tour. The house is located at 537 NW 12th Avenue. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 15,2008 the option to request the right to be excluded from the designation and if requested, they are excluded. The process should be to define the area and begin notifying the property owners of their options and eventually map the area. Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work together to map the area for approval. Motion Commissioner Weiland moved to designate the entire CRA area as a brownfield and allow any individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board and allocate brownfield designations to commercial, industrial and selective residential properties and allow the City Manager through GIS to come back with specifics to be brainstormed. Commissioner Hay seconded the motion. Attorney Cherof advised the motions were competing and Commissioner Weiland would need to agree with the substitute motion. Commissioner Weiland did not agree with the substitute motion. Commissioner Weiland's motion failed 2-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Hay dissenting) Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting) Attorney Cherof mentioned that once the map was prepared and the notice to the property owners begins, the property owners retain the right to elect out of the designation area. E. Approve the Downtown Master Plan Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the CRA had a number of plans that overlapped, making it very difficult for developers in the area. The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept. Mayor Taylor noted the Commission had already viewed Mr. Garcia-Pons presentation. He inquired if the Commission approved the downtown master plan, would the Commission be approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and Mr. Bressner noted there was very strong language in the plan regarding the Old High School and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay." 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Attorney Cherof advised the Commission was not obligated, but it needed to be clear that it is conceptual and perhaps some of the language in the document itself should reflect that it is conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cherof agreed with the City Manager that some of the key components should be resolved before approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan should continue to move forward. It was noted plans could be amended and the RFP will let the market determine the building's feasibility. Mr. Garda-Pons added the Master Plan is simply a guideline and a moment in time Motion Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor Rodriguez seconded the motion. The motion passed 4-1. {Commissioner Ross dissenting} F. Amend the Land Development Regulations to delete the accessory use restriction. Attomey Cherof advised the Code prohibits accessory use, except in conjunction with the primary use. The use is a residential use. If you were to modify the Code to eliminate the requirement, vacant lots would be used for accessory uses in advance of the primary use being constructed. Accessory uses would include a boat dock, swimming pools, tennis courts, basketball courts, barbeque fadlities and many others. The staff and legal recommendation was that the Code not be expanded and not eliminate the requirement that the use be accessory to a primary use. A motion would not be necessary to retain the status quo. Bob Brown, 701 S. Seacrest, alleged the action taken by the Oty is a misinterpretation of the Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code that relate to accessory and primary uses. He noted the dock would be a stand-alone dock. His contention was the State of Aorida and the Army Corps of Engineers have controlled and owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the Army Corps of Engineers to build a boat dock on their property along with a consent of use easement. It was his theory that the dock would be a stand-alone accessory on the State property and not on his property; therefore, the Code regulations did not apply to his proposed dock. Access to the dock would be from the bulkhead and not on the same lot which is what the accessory use definition requires. Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat dock is In fact an accessory use even though it Is not on the person's property, and clarify the Code. Motion Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. XII. LEGAL: 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 D. Consideration of Resolution No. 08-07 Amending the Community Redevelopment Plan to Include Community Policing Innovation Program and Infrastructure Improvements The CRA was currently funding a Community Policing Program, and had entered into an interlocal agreement with the City to fund infrastructure improvements. However, these items were not within any CRA Plan. The first CRA Plan noted that the City's Capital Improvement Program COP) was sufficient, and it was not necessary for the CRA to participate in upgrading the infrastructure. The CRAls current auditors advised that in order to comply with State Statutes, the use of CRA dollars for these projects should be set forth in a plan. This item was brought before the Board to consider amending the Plan in order that the infrastructure and policing services could be legally funded. Attorney Cherof explained the amendment would require the approval of the City Commission, as only the City Commission had the authority to amend the Community Redevelopment Plan. This item had several subcomponents, including the approval of the Downtown Master Plan. Ms. Brooks pointed out language to amend the Downtown Master Plan would be presented to the Board in February and would ensure compliance with State Statutes. Ms. Ross inquired whether the policing structure was decided by the previous CRA Board. Ms. Brooks replied in the negative, adding the decision was made in the summer of 2007. The following language was a direct quote from the original CRA Plan based on the Cityls Capital Improvement Program COP) in effect at the time: "The analysis concludes that the proposed redevelopment project will neither strain existing facilities nor incur costly improvements./1 A study made in 1984 deemed the infrastructure to be sufficient for the redevelopment of the downtown. Since that time, the density had increased. Mr. Weiland left the dais at 8:01 p.m. Attorney Cherof explained one would have to picture the condition of the entire area in 1984 to understand the determination that infrastructure improvements were not needed. The current development of the property was the result of the activities of the current Board, and there was a need to support the improvements. Bob Brown, 701 South Seacrestl inquired as to how many police officers had been added to the CRA. Chair Taylor replied five had been added. Mr. Weiland returned to the dais at 8:03 p.m. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 Motion Mr. Hay moved to adopt Resolution No. 08-07. Ms. Ross seconded the motion that passed unanimously. E. Master Development Agreement with the Auburn Group Status Report Attorney Cherof reported he had not received the most recent revised Master Development Agreement from attorney Susan Motley until 6:00 p.m. and had not had an opportunity to review the document. The agreement was to move forward for joint consideration by the Board and City Commission at next Tuesday's City Commission meeting. Chair Taylor disclosed the following comments. In December 2007, the CRA decided to present a Holiday Extravaganza and sought sponsors for the event. The Auburn Group sponsored the event. Chair Taylor participated in the Christmas parade, lighting of the Christmas tree, and welcoming the public. At the same time, a small VIP area was set up for the elected officials, Board members and their guests, and beverages and snacks were served. In 2008, the Auburn Group had appeared before the Board with regard to the Master Development Agreement. Chair Taylor noted his participation in the events would have no bearing on the manner in which he would vote on the Development Agreement. At a recent workshop, one of the issues discussed in relation to the agreement was a third-party financial review, which the Board agreed it would not pursue. Chair Taylor now advocated a third-party review prior to going forward with the agreement. The third-party verification would determine whether Auburn had the ability to complete the project and whether the CRA had the necessary funds. Additionally, there had been no financial reviews since July 2006. Chair Taylor's second concern relating to the Development Agreement was the required 12-year commitment of Tax Increment Financing (TIF) funds in the amount of $23 million. As his term of office would be expiring in the near future, Chair Taylor expressed apprehension in committing the current or future Board or City Commission to the $23 million contribution, and preferred that the project be completed in phases. Another concern pertained to the construction of a parking garage at a cost to the taxpayers of $16 million dollars. Chair Taylor did not feel the garage could be deemed a public use because of its location. While these concerns should have been addressed in the latest revised agreement, Chair Taylor noted his concerns with the public's perception of Auburn's sponsorship and any perceived notion that the sponsorship could influence the Board. To that end, unless otherwise advised by the City/Board Attorney, Chair Taylor noted he would execute a document stating he would not vote for or against the Development Agreement. 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection. Attorney Cherof read Proposed Ordinance No. 08-034 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-034, Commissioner Ross seconded the motion. ~ City Oerk Prainito called the roll. The motion passed 4-1. (Commissioner Weiland dissenting) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Polidng Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced public space. Attorney Cherof read Proposed Ordinance No. 08-035 by title only on first reading. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-035. Commissioner Ross seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof stressed the documentation was comprehensive and suggested additional copies of the Downtown Master Plan be distributed before a second reading on the aspects of the Plan. Mayor Taylor and Commissioner Hay requested an additional copy with all the requested changes noted. Attorney Cherof cautioned it was comprehensive and Included many sensitive issues. 16 Meeting Minutes Regular City Commission Boynton Beach, FL January 6, 2009 Mayor Taylor and Mr. Bressner noted the event had been held on Congress Avenue in 2001 or 2002 and was not successful. Congress Avenue was very busy, traffic had been at a standstill, and parking was not available. Commissioner Ross questioned whether the timing was currently more favorable. Mr. Bressner suggested staff could conduct an analysis and present it to the Commission or CRA if authorized by the Commission to do so. There was no consensus to move the Parade to Congress Avenue. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced publiC space. (Request to table) Attorney Cherof noted the request to table was current, as a notice issue existed. The Downtown Master Plan that was attached as an exhibit to the ordinance was being printed by an outside source and was not yet available. Attorney Cherof read Proposed Ordinance No. 08-035 by title only on second reading. Motion Commissioner Ross moved to table. Commissioner Hay seconded the motion. The motion passed unanimously. C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None 14 Meeting Minutes Regular City Commission Boynton Beach, FL January 20, 2009 XI. NEW BUSINESS: A. Review and consideration of approval of Auburn Master Development Agreement. (Proposed Resolution No. R09-0lB) (This item was previously tabled.) B. Approval of the City of Boynton Beach cost sharing with the Community Redevelopment Agency in supporting the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM). The cost to the City is $1,000. It was determined that the cost covered only one participant. Motion Vice Mayor Rodriguez moved to approve Item XI.B. Commissioner Ross seconded the motion. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced public space. (Tabled on January 4 2009) Attorney Cherof read Proposed Ordinance No. 08-035 by title only on second reading. Motion Commissioner Ross moved to remove the item from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Taylor opened the Issue for publiC hearing. Bob Brown, 701 S. Seacrest, asked for clarification of the intent of the ordinance. Attorney Cherof responded the Community Redevelopment Plan could be modified from time to time by 22 Meeting Minutes Regular City Commission Boynton Beach, FL January 20, 2009 the City Commission. It incorporates a document referred to as the Downtown Master Plan and elements of that particular Plan. The Community Redevelopment Agency began the process, but only the City Commission can amend the Plan itself. Vice Mayor Rodriguez understood the policing had been in effect for over a year. Attorney Cherof indicated the Plan was now catching up with the agreements between the City and the Community Redevelopment Agency. The Plan itself was not binding on either party. Motion Vice Chair Rodriguez moved to approve Item XII.B.l. Commissioner Ross seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 09-001 RE: Rescinding Ordinance 05-044 which reclassified the Land Use from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), a parcel of land located at the northwest corner of South Federal Highway and Gulfstream Boulevard; restoring Local Retail Commercial (LRC) Land Use to the property. Attorney Cherof read Proposed Ordinance No. 09-001 by title only on second reading. Mayor Taylor opened the issue for public hearing. Bob Brown, 701 S. Seacrest, inquired if the request had been passed by the Community Redevelopment Agency Board. Mayor Taylor confirmed it had. Mr. Brown questioned if the Commission should be sitting as the Community Redevelopment Agency Board. The difference in the tax base and possible revenue was also a concern of Mr. Brown. Mayor Taylor advised the composition of the Community Redevelopment Agency Board was not at issue. The rezoning request was made by the property owner and would increase the tax base since commercial pays more tax. Attorney Cherof added only the City Commission can designate land use or zoning. No one else coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-001. Commissioner Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. 23 EXECUTIVE SUMMARY ~ fie bOynton BeaGt1 CRA, Downtown Master Plan orovldes rl iuc;Jse() VI&lun and action plan for tbe Boynton Beach Community Redevelopment ("rea (CRA) The Master Plan identifies goals and needs, and collects them into a strategic framework for implementing the community's aspirations, The implementation action plan is priontized based on realistic feasibility. The plannrng process for this effort was transparent and highly participatory, involving ~takeholders am! residents from throughout the Boynton Beach community. During the process. public concerns and comments were used to develop the Statement of Needs for the Community. The guiding principles for the final Master Plan address the following issues: A need for a clear vision and plan for redevelopment of the entire area Boynton Beach does not have an identifiable center There is litHe historic fabric remaining Public access to the Intracoastal Waterway is limited UndBrutilized corridors of commercial uses create a sense of disinvestment in the communtty Housing is not located close to Jobs, and the employees of jobs that are located in the area cannot afford to live in the area Community services are needed closer to where people live Some long-standing local businesses have closed leaving a gap in services for the surrounding neighborhoods Create. 2 tamill' inendl)/ mlxeu,usE; oownTown CorE; (\1 concentrated actiVity ProteCT "lnole-iamif\' neiqhowhoods ao/aeent. 1,0 oowntown Creale Ci clIlwral cenler around existing cultural orovlder;. Preserve trle existing historic fabric ot the communn' Provide Improvec! public access to the water Connect existing greens pace Address visual blight Provide a balance of housing and employment: include affordable housing near employment centers Provide community services near neighborhoods Support local business relentton Phase the redevelopment to generate momentum for future devefopments Articulate a clear vision and provide feasible and realistic implementation steps Big Moves are action steps to implement the Master Plan and provide momentum for future successes The Big Moves for the Downtown Master Plan evolved from the community input sessions, interviews with elected oWcials. and were tested against the market for feasibility, It is recommended lhat these action items be given immediate priority and the sustained effort necessary to see farge projects through : D(~,tJ':;" CR ct'~: ~i~ r,.t.~!\-:r-l ~ 0,":,T,,\( T /lRC'.'t,[) i C ,'T:,.'FE ~','i' f,', - ,;~,i' ...: r This activity node is essential to creatmg a downtown core and buHdmg momentum tor other redevelopment Provisions must be made today to accomplish the tong-term Vision of a commuter rail transit station ct ).' <l' !" C ..... < ro V> c 3 , 3 ! .t 0 .., '"< I ~ r I-.';:'Ir--:.':, I f'd[ I~~' H-"-:'!;J ppndrvp. (k-:-rlS!ti8~' li'l !,h.:; '"t8PrlC1 ;irfd th'l~ : ir,: Ii, Iltl:' ! I: Traf\~j;VC)r'f!nte(j[Jevelopn\~~ril "-,UE "8!OpmErl,i (,II.ii~; ':'IIStirlq Banf' n' cnefic~-+ dnO Flr~~I: ['rnannar '-.:./te 'r:TSI(ierd:iali (1E; ,ielopi'llf-;(.r ,',nth orounn' Hr.Y"I: ret~fi riddrlfon81 I_Hill-ll( OP~!'I .",D(j! f f ~)e Cullural aJld CivIc campuses dre enVISlone" a~, central pathenng pl:~ce5 ~or tf)E. f',cm!'l1unit-~ nhere City Hall. POIIC>'" and other 'Jovermnentai serVlce,- ar.p ad,8c,prll (,uftur'ill resources The C:uiiurai C'llfl>JUS 1",:ludef; tlw aoartwe IF use nf nl~: r\ r~ stnlcf.Uf'f- thlc Boynton 8e30; Hiqh School the librar, "'''0 (;IVI( cent!:'r ,hesf- calnpuse~ \vCrutd servE.,: ;'-j~ ;.; n',edTI :a), ;:->ff~cE:' nn' iflstitu!il:mal use, "f t-"" ' reatl:)fr ",t '" highly ,!15Ihic 3nd dell 1m,\! feature 31 tilE' IntIG,sedlOn of Feoer"i HighwaY' and (JeEOim J\vw ,.l1':' U,Ulll neip tu achleVt tllese deSired effects. al,c:)rnpanYlrrg directlona' slgn~ may als() 11<2 a,ppmpr 181'c ,1\ "eslauranl (luster fjj.J~d 'S(~rr'f H-lr:-- IC(_,;::if OftICi~ i:ornrnuniT\ as \I,.'er! as ''v isit(jr~... to thf~ Hf'f:j21 Gree-n\!:8V~ \'nH a wayfinding: systerr, ""(iI!l,.j 0,81\'-0 In connecl th'. :orndor to institutional LJses rumlsl destination;; tino nearby neiqhhorllorro< Significant rroJect~ 'I(el"(I,,, creation oj ;:; Campue: fn, neVi (rtv Hall and POliCE; laciliti(~c rehabifitatl(HI i:lr~(1 "tHISEI of r'le ilI311' (ore 01 the Oid High Sd\o' Ii development of publll'. spa(!~c fir cornrnumh' ~Jathetltll1~ ill' :(1.' :i{J( , 1"(-":"110-- ~. " l i I! ri ; f !.: j' .: -,tni(.trrrc:,;;., f-;L ;'jS~:::r-::~i~ '>--j(:'l' i '-\ f;~ , r-':lf'lC:lrlrp(; Pt-:~d8~,trk:ll 'I:""CJI'l \!,' -'_H.I~;::,f~h";"1 trf"~?-~llll' lreet~(:;-jj I~ ,J(l~rr1ti.;;nc";) ,IUt'ifi, I he rnaster pl;1" err' !'iIi'.,L- '~ei'\.rrn9: iptail at U-jl'" fiterr..:,E-'--ll(] f'1.;:V1i' i 'In,sr f-.ino So'II,:,':<:[(j '"-.,t:-"t1('fr.' HOI;le\2r'd ::~(ci fl~P ;" P~ll_ \-~~ 'c_P.'. .}l':.-;\J;~lopfr\ent f~; ..-jl~...(, ~i'l ,<;;,J-'.(\ ~---' 1,1 r/i?f:Jii L{'fl:fq v" np r::p' iIF\';{jrl~ r- ~: ~~I 1!9nvv'a\,' !~ ~(t~.:;.! if:C,1fl 'IGll!hborhooci i et.ali ::rt! p;' r i ! i ;, ~~ . '-.., oncentraHnu HH::.::rf:' L~JI;~'~ 1'( I" "tH~ectY\r,. ~j,~"'r' ~."r-;~ur~.. tn..~t~ J:::.t.dif ':aptur~n~ t!(-J';'8~~r:- .:jIUrl'!~; ~'~'~J';..;:i',=ji H(~.;i i! add'[tr()r.~ tej (jf;::Y/:H1U tit 'I I i".)(~ ,:j(j'j'cTtJ-.Jr i 11p.lohb0rt)(J,'" LJntentr81 q-r8E'11 :.:,pa(.~ :'}PPO!1.1 j-rllt;~~ 1--:/,[,:'" >1::~t\'/eP,(, l'ht" F':pcjpral H:ui I j "fl'I(1\;! ';ie:re. par(.f.-'\~ r'.211 F1'2 4~sern(Jle(1 ()f': '-~tr:ng (11' p8r~'~; )rlf\t:'('1lf-'~J UI~~ ( r,," .'Nnl(l\',.'li T1"![1 [~iSj.fj('l I ril: \(;'-lc;~'l li,l ,~\ ' , /,~\ 1/ I.<",,,.:.\.,:;r 1/""'.....'\ " (-,\ ~~~<tY~T8~ eRA iI East Side- West Side-Seas.lde Renaissance Itate of the eRA -- ~Jfl~e~icRA ft", ..&st:Side-WestS,de..Se;u.ideRen....isGl'1ce eRA Mission · Encourage diverse redevelopment activities · Stimuiate economic growth · e)fnt. ~.. d~Wfltown destjn~tjon core 1 ...- ... '-~fl'W~ICR..l. i1P: &stSi6e....w....~5Ide-Sowide~<t eRA Boundaries Hap of Boynton Beach eRA 1 ,650 acres · North/South connector · East/West connectors 'i; ,!" (- ,...... ~ ~ H.fl'Wt4~RA ifaEutSidc..WastSi<k"'$w.'<H~~ Building the Future Boynton Beach Style eRA Supported Projects: · Blending past with future · Strengthening commercial and residential base · Cr::eatir:l~ exciting new ~~~M'm'~ks. .,-...., .,,/ 2 ,- ~.~ ~~~~8~ICkA iI!::&sr:Si"'-We$tStde..SrDd.~. Mixed Use Projects Boynton Harbor Marina · First rate public access facility purchased by the CRA in 2006 · One of the last working marinas in Palm Beach ~<i>.Uflty .<;;." . "'. .tie..~~~ . ,. ~;~ ",4, .~ r ~~~~8~RA il!tEutSIde...WutSid....s.uid. PoMalsSMlCtl Mixed Use Projects Boynton Harbor Marina (cont'd) · Revitalization of Marina integral component in Palm Beach County's Economic Development · Intracoastal Waterway as a method of commerce /'.... , 3 ----- ------ - J. ~~~8rCR~ _ .&stSidt-weuSidt-Seulde R.nmsance Mixed Use Projects Boynton Harbor Marina (cont'd) l~~~8~CRA ttfe.us..w"'s,..-....~__~ Mixed Use Projects Promenade of Boynton Beach . - ~~..:&~ I - -., B.fore After ~ ,1.'~ < 4 r.... ..~~~~1CRA .East~-V'ftuSldl-SosWe~ Mixed Use Projects Promenade of Boynton Beach (cont'd) · Value $125 million · Developer: Boynton Waterways Investment Associates, LLC 0pe,:ning in 2009 c ~4'~ l.~fl~8~CRA ilibnSi."WestSid."Seuide ....is:sar>a Mixed Use Projects ('-.. . Las Ventanas · Rental project, 15 acres, NW corner of Woolbright Rd. and Federal Hwy. · 494 lofts and three-bedroom apartments, 20 townhouses 5 ~~~~~tRA .&stSlde-Wats.de-Sea>>de~. Mixed Use Projects Las Ventanas (cont'd} · Developer: EPOCH Properties, Inc. · Opening in 2009 J.;., l ~fl'0f8~CRA "'&S(S;d.-Wlt$tSI.-SIlU~"enaisunc.1 Retail Project Sunsht...... >t~ . 14-acre shopping center on SW corner of Woolbright Rd. and Federal Hwy. ~I-o , 'v' 6 ("" ~~~~~CRA iIIi&sr:Sldt-Wf:5tSidt.-Se.uld, Rarwuance Affordable Housing Workforce Housing Initiatives · eRA spent more than $8.5 million since 2006 on affordable access programs . r ~'R ~ !i:fl'0f8~CRA IibnSide-WestSd."s.u.sidtI ~isunct Affordable Housing Workforce Housing Initiatives (cont'd) (~ 7 ~i" ~~~.xE]fB6 Affordable Housing Workforce Housing Initiatives (cont'd) · 141 active community redevelopment agency's across the state · Recognized by the Florida Redevelopment Association (FRA) as one of top three CRA's in Florida for Best Practices in workforce housing programs at 2008 Florida League of Cities Conference (Delray Beach and Winter Haven) · Citied as a Best Practices by Florida International University (FlU) for South Florida Workforce Housing Needs Assessment · Ae.f3.0CY l1onQf~~.',br. H~LJ.~ ,.ing k~. adership Council of Palm Beach C"i!Setlty for olit6t~iltflrj i1'In'o\1~on and leadership · ~~~eh~~~m' n.fl~8l:RA ~b.nSide-Wt:st.Side"S~.uide~ Affordable Housing Ocean Breeze - Residential Projects · eRA owned land on Seacrest Blvd. between 7th and 8th Avenues · Project to include 32 single-family homes for sale on west side of Seacrest Blvd. 8 ( ~ (~ f ~~'0f8~tRA IIi&stSid....WntSid....Sasid.~ Affordable Housing MLK Corridor (cont'd) · Negotiations continued throughout 2008 with The Auburn Group, LLC, to form a public/private partnership to develop the MLK Corridor · 3 acres of contiguous land necessary to launch project ~, vote~ to end partnership ( 9 - -- --- -- IiR~~t~ Heart of Boynton Carolyn Sims Center · Sims Center opened in 2008 · Part of $8.8 million renovation at Wilson Park Complex ~~!\I'"'.. ..>" ~~/,. I .J..~'.) } '1..". . \ ::, ? .c,;-;'%: ftr".r' ~', f .~ ~{~~ f~~~8~CRA illiEzstSide-WntS",de,,$eQjde ~a Heart of Boynton Cherry Hill · CRA and City worked together to demolish buildings in Cherry HiU for ~v.0,meAt 10 (' ~~~~Y~8~RA .&USld."Wals.o.-SeUIde~ Heart of Boynton Seacrest Boulevard ~ '':" , ~,~'f'~{IJP.'~ I , ;..~ -, ,'. After r F.~flY~8~~RA iIIi. East Side...WestSid.-Saside Rllnarsunc. Conservation Boynton Goes "Green" (' · Board member Marlene Ross, head of Boynton Beach's Green Task Force, spearheads plans to develop a Green Ordinance · Governor erist mandates all .Ij.p 11 ~R~~~~ Conservation . Boynton Goes "GreenH (cont'd) · Environmental Dynamics Inc., (edi) an architectural firm specializing in environmentally conscious design, opens a new office in Boynton Beach's Marina Villag;e complex, in Dee.20m8 · M(~~'~~, I$i~l$ 'green' ,"..~ti>~.' ..~ '.' lIS ~W~~" ~k~ f'''R~~lcRA n&stSida-WastSide-s.sidI ~ Security eRA Police Force · eRA-funded unit, extension of Boynton Beach Police Dept., created in Feb. 2008 · Four-member team, with sergeant, enhances law enforcement services to residenGes, busjn.~sses and Vj~IDr~."$flA..I!}i$tfict . :".,'~ - ~. .~ ..., " 12 r Jo~~~~1CRA f!:::&st.S.-""'(s.de-Sudde~. Transportation Trolley Program r ~.. '~fl'0f8~CRA ~EutSidt-WU(Side-s..s.~. Transportation Trolley Program (cont'd) r · More than 65,000 riders in 2008 · Overall North Route ridership increased 39% in 2008 versus 2007 · Based on rid(3r feedback, launched . " n ,~~~(;jt';II F~l:It~~ in A~{!.I .;t: i."~ '., . 13 ~ ~~~~8tiickJ- .EastSI....WatSldit-Sus\de~nce Transportation Trolley Program (cont'd) \~1'1'B -..:. ..o.,,"TON :::-L..Cti ~ -i=Q;P ~'r ,_ - APlUL II 20Gb ~-- ~~,;., J.~~'0f8WCRA fjEm: Side"Wes.t.~de"Se:uMk Il.enllkUI'IC. eRA Marketing Urban Land Institute (ULI) Conference · 2008 Fall Meeting and International Urban Land Expo held in Miami, October 27-30 · Three day event attracted 8,000 attendees, primarily developers, seeking redevelopment opportunities · Key~~, sl~k-ers ineluaea: .. ,i.... ;e 14 r , ~i ~ ~~~8tiICR.,L_ .EastSlde-'Wtt$tStde"Susid'~[. CRA Marketing ULI Conference (cont'd) · CRA participated with a booth in the "Palm Beach Pavilion," marketing three major sites: Bank of America, 500 Ocean Avenue and the Gulfstream Mall r d'R fc~fl~8fficRA ieie.us.._.S,de-....._bun~ C RA M a rketi n 9 ULI Conference (cont'd) (" · Significant external marketing event for the agency · Provided an opportunity to showcase the CRA District and the public dollars spent to entice developers to CRA in this difficult market 15 ~ IIR~t]~~ CRA Marketing Website I I I I I · Over 25,242 visitors to site in 2008 · Combined total of over 2,000 visits daily · Added VirtuaJ Tour with three sections: - Residents - 6,usine.ss61s - IDBv#j~p,rlS K~~ ~~=:F;:::= I~I b~f :=.-=--...:::-~:::.:.- -~.":';..-' ~ =:.:-==:--;:=~=: ---- ~ -~. p,,,- ........._~ ~- -........-.. ......-- _.....--- ---.."...- ---..... ~-- ~:.--- =:;::---- ~-.....,. - - --_.,.,--- -..-..---- .1_.._........ .1_........_ ...-..--.- -....- - . -- -----. -"...-- ..-- . C01 J~fl~8~~RA ~EiutSidl:...Wat.StdI:-_sica.~. CRA Marketing Website (cont'd) · "Social Media" tool now available on site: Podcast - streaming video of monthly eRA Board Meetings · Revised Trolley website 16 (' , IR~~1;~ CRA Marketing 2007 Annual Report · Annual Report recognized by the International Downtown Association (IDA) Achievement Awards - Marketing and Communications category (' J ~~~8~~RA iIS&scSide...Wtost5id.-Susid.~. .if!ll'i~ ~""""'---= = ,___on ~ = 'f~ _,~---=.-:; .,- ----~- .. :;:= ~- _:: = -_.--- ----- ~~ :'''"r =tJ" -, =-. .--.....: =--- ~~ CRA Marketing "FYI" Newsletter ~....:::.,=:::,-- - ':. -~--~-==-- :~ -IIQ. . - :: .e' _ -~ ~~aA _-=- · Developed as educational tool for public to assist with l!?,!i!t1~r Mf!d~ . a, ,'tgg of r j~ of CRA vs. City ;'~~'/ .",,~, "'"\~~mt~i~f is.~I;t~ 'ITI.~i1~d .,:i;, ~,~ 'f'....... _...'~ r 17 Boynton Beach CRA - Projects - CRA Project Map T,~ '~4iJll::.'J_" . .,~, ,!"'''fh:''-'' Page 1 of2 - eRA OVERVIEW NEWS & EVENTS - PLANS & STUDIES PROGRAMS & GRANTS III eRA Project Map ! I Boynton Harbor Marina 2 Thcr Prci~rve 3 Promenade .. Boynton Beach BII,d. ElCU Promenade Park 5 MLK CQI"rfdor 6 Oc.ean Breeze 'I;, .~ II ; : I , ~ :~~, , k j'l- GA'tEwAYSeVO- _ .. \ f / ~;' -.1..1 r I. ~r OJ I ~~. I, ! ~'."" ~ ~ ~:; Q ,-4,' 1f2, ' I ' "-a r,~1 ~ , I r , I Th~ P.cninsula 1 Marina Vill:lge l L,s VentJln3i .. $un5hille Sctuare 5 Est:mci;J, 61hyw;111< 7 B.tyf/'Ollt a Waterside I i 1 I , Il i; ~ J } SE~rq,AVE~ ~ . ' r;z: ';.., r~ ,~" ,0:- ld, y ,;g ~;i ..It; ft ~ w~l,' ~ . ,.., ~ ,b, " I&l:",.:t'~" , . &; ~, I Cl" S' /, o. I I CIty Hall 2 Old H,gh Sehool ,) Sehoolhouse Children's Museum 4 Boynton WOf'liCfl'S Club I [" ~- )"J , r IJ 4 'J ! , .. , {I , tJ r J , "G\JI!S~(~ ..... _ . http://www.boyntonbeachcra.comlprojects _ cra -projectmap.php 06/0412009 ECONOMIC DE,VELOP'MENT P'LAN OF THE BOYNTON BEACH COMMUNITY REDEVEL.OPMENT AGENCY Prepared by: Scott Kline, Economic Development Consultant TABLE OF CONTENTS Executive Sum ma ry............... ....., ...... ..' ...., '" ,....,..." Economic Profile: Pop u i a t ion... ... ... ... ...... ... ... .. .... .. . ... ... ... ... ... ... .. " , Race & Ethnicity.............., ,. ........,...... ... ... ......, ..,. 2 r.. i) Ed u cat ion... ... ......... ...... ...... ... ... ... ... ... ... ... ." ... ... ... ... ... '.. . , . ...... ... ... ... ... ... ... ...... .. . ... ... ...6 Ag e .. . ... ... .. . .. . . .. . .. . .. . .. . .. . . .. .. , .. . . .. .. . .. . . .. ... .. . .. '" . .. . . . , .. . ' " . .. , .. .. . . .. .. La bo r Force.................................................,........""..,...,....... ' I n co me... '" ... .. . ... '" ...... '" ... ...... ... ... .. . ... .. . .. . '.. .. . ... .., ... , , " '"'''''' Unemployment................................. ............... Future Job Growth................................................,' ...........' H 0 u sing...... . ... ... ... ... '" ... ... .. . ... .., ., . .. . ... .........'..., "" '''''''''''' <- La n d Use............................................,..................." .' ........., R eta i I Market.........................................................................,' Industrial Market. ............. ............................................. ..... _, , Office Market................................................... ... <....,..,.....".,. " Implementation..................,................., d..., '................. .'.. .n...... "'" Technical Assistance.............................. P............,..... ........'... ......,.. ...' Measuring Progress....................................................... .... ..... ... . 1 '" . ....... ..8 ..... ....... .9 '" d''''.., 9 ...... 13 .. ......14 , ...... lS ""....16 .. . ...............18 .20 24 , ... '........ 24 " .... .. ..... , 24 Executive Summary Economic development is defined as the process of creating wealth through the mobilization of human, financial, capital, physical and natural resources to generate marketable goods and services for the benefit of the community while expanding job opportunities and the tax base. In order to maintain, expand and diversify the economic base, an economic plan has been developed that identifies the challenges facing Boynton Beach's Community Redevelopment Agency (CRA) and the City of Boynton Beach along with opportunities for future economic growth. By strategically planning economic development activities today, resources can be allocated to be best utilized to overcome challenges and to capitalize on current and future opportunities. Over the past few years, significant redevelopment has occurred within the Boynton Beach CRA's boundaries; however, along with redevelopment came a softening of the real estate market fueled in large part by the subprime mortgage crisis. This in turn caused a subsequent decrease in the tax base. Recent figures indicate an 8.5% decrease in the city-wide tax base for 2008. Besides a soft real estate market, other economic challenges include, but are not limited to: 1. Relatively low level of wages for the area's workforce 2. Limited supply of available industrial land 3. National financial crisis with tightened lending requirements restricting the flow of much needed capital to small businesses and consumers. The crisis has contributed to increased vacancy rates across all of the major markets, including retail, industrial, and office markets of Palm Beach County and Boynton Beach 2 4. Increase in unemployment I F a r< ( 5. Local government buagel CU 6. Increase in petroleum orlces tc record levels inflating prices of much needeo goons ar services, including foo' 7. Antiquated housing base withll1 the eRA 8. Weak U.S. dollar resulting in high supply costs and higher prices for residents ana ioc<, businesses 9. Weather conditions - threat of hurricanes and other natural disasters Despite today's challenges, many opportunities exist and significant developments are moving forward within the CRA. Large mixed-use developments along Federal Highway in the heart of the downtown area are in the process of being completed, both rental and homeownership projects. Numerous single family homes targeted towards the City's current and future workforce will be completed in the near future. Large residential developments in the Heart of Boynton Beach are moving forward. All these developments aid in: 1. Increasing the tax base while helping to offset an aging housing base within the CRA 2. Provide new urban housing opportunities for the City's residents and its workforce and 3, Provide opportunities for business owners to startup or relocate to Boynton Beach, Other future opportunities include, but are not limited to: 1. Available land and commercial space for redevelopment, including a marina and waterfront property within the CRA 2. Ability to redevelopment existing industrial land and to preserve it 3. Low inventory of office space as compared to other local markets 4. Record low interest rates 5. Other housing and mixed-use developments in the planning process 6. A diversifying population base 7. Strategic and central location 3 8. Possibility to capture future demand in industrial space due to the widening of thE Panama Canal allowing Florida to now become the closest port for select exporting nations 9. Weak dollar allowing exporters of goods and services to be more competitive in the global market place. Aiso, a weak dollar attracts further tourism dollars from outside the U.S. 10. Weather conditions - year round climate continues to attract new residents and tourists This economic development plan will identify where the City and CRA are today in terms of its economic base and will help guide the CRA in its efforts to successfully continue redevelopment. Specific goals are the redevelopment of the downtown commercial corridor, the increase in the quality of life for its residents through increases in annual wages, job and small business ownership opportunities and access to needed goods and services. This plan identifies the vision, resources, partnerships, and planned activities of the CRA to accomplish these goals. 4 IPag2 Economic Profile Population Since 1990, the population within the City has increased by approximatelv 48% nom 48,137 10 67,9081. Despite past years of record growth, migration from outside HIP c.ounty has experienced a significant recent decrease. In 2007, the population within the County grew bv only 99 individualsL. Emphasis on one year's growth must be taken in comext In historical patterns; however, the overall economy in terms of the rapid increase in housing orices during the recent housing boom, high insurance costs, relatively low wages, and perhaps recent hurricanes have played a part in the stalled migration of individuals from outside the County Historically, approximately 418,000 migrated to Florida during 2002-20063 Future population growth from 2007-2010 is expected to be half of that or approximately 209,000 people annually arriving in Florida3. According to Stan Smith, Director of the University of Florida's Bureau of Economic and Business Research, "A tremendous slowdown is forecasted over the next few years compared to what we've experienced dUring the last five year'- The state ha' not experienced a decline of this magnitude since the mid-'70s, when we were in d national recession. 'I A contributing factor to the recent slow down in population growth is the slowdown in the housing market, The ability to relocate for most households is based upon the ability to sell an existing home, Conclusion: Population growth will primarily depend upon future job opportunities attroctino workers from both within the County, from other areas of Florida and from outside the state The level of property taxes, cost of homeowners insurance, overall cost of living, and otlrel quality of life factors such as climate will also play a large role In the decision process 0,1 whether or not to relocate to the area. Race and Ethnicity A trend is occurring in which the number of non-Hispanic whites moving into the state ot Florida and into Palm Beach County is declining. At the same time, an estimated 9,000 non 1 U.S. Census Bureau, 2006 Population Estimates, 2000 Census, 1990 Census 2 U.s. Census, Population Estimates 3 Bureau of Economic and Business Research, University of Florida 5 I' Hispanic white individuals left Palm Beach County in 2007. While the population of Palm Beach County and Boynton Beach is still predominately made up of as a whole of white non-Hispanic households, the area is experiencing a larger influx of Hispanic and black/African Americans as a percentage ofthe total net migration into the Count\.l Race & Ethnicity 40000 ..- ..... ..,'.... 35000 30000 25000 20000 15000 10000 5000 o White Black or African American American Indian and Alaska Nath.e Asian Some other Two or more race races Source: 2006 American Community Survey Conclusion: The population within the City is becoming more diversified. As the level of diversification increases, so will the opportunities for small businesses catering to those specific ethnic populations. Education Level Between 1990 and 2004, the level of achieved education has improved within Boynton Beach. Today, of the population 25 years and older (approximately 44,000 individuals), 22.5% have had some college training, 8.3% earned an associate degree, 14% earned a bachelor's degree, and 9% earned a graduate or professional degree. Overall, 88.9% have a high school diploma or equivalent and 23.1% have a bachelor's degree or higherl. 12006 American Community Survey 6 I P:no' Educational Attainment o LeSB th8n qn: nr(:1C> [J 9th to 1 :!In oraae 'IC' dlpiorn o High school qraduate IlnCluae~ equivalency o Some college, no aegree . Associate's degree o Bech~or's degree .Gr8duete or pmfes~l_~e Source 2006 American Community Survey Conclusion: The employment base has become more diversified and as a result more hirable than in the past; however, the City still lags behind neighboring municipalities, The CRA should help link residents to job training opportunities while continuously recruiting businesses tc provide additional local employment opportunities. Job training opportunities include linking residents to programs offered through Florida Atlantic University, Palm Beach Communtt~' College, and other vocational/trade schools. Incentive programs could be created for small businesses to help offset the costs of the ongoing training of their employees needed to remain current or assist in bringing employees current with existing technology and trends. Age The median age within the City has declined from 42.5 in 1990 to 41.8 in 2000 to 38.5 in 2006' E~ Ate of Boynton S.aeh Population 85 years and QY8r 85 to 74 y8lIIS Source: 2006 American Community Survey ; U.S. Census, 2000 Census, 1990 Census, 2006 American Community Survey 7 Conclusion: This is typical of a younger population moving to Florida seeking job opportunities. Also, retail and other service employment is typically comprised of a younger workforce. While the median age has declined, there exists a large segment of elderly households within the CRA. Current and future opportunities exist for businesses catering to this population. Labor Force The current number employed within the West Palm Beach- Boca Raton Metropolitan Statistical Area (MSA) excluding agricultural employment is estimated to be approximately 563,560 individuals. The labor force within the City is estimated to be approximately 34,986. For the population 16 and older and within the City's labor force, the leading nonagricultural employment opportunities came from education services, health care and social assistance (23%) followed by retail trade (16%)1. 2008 West Palm Beach- Boca Raton MSA Labor Force and Wage Estimates Category - All Estimated Mean Estimated Median Estimated Entry Estimated Hourly Hourly Wage Hourly Wage Hourly Level Wage Experienced Wage 563,560 $19.68 $15.02 $9.08 $24.98 Source: Florida Agency for Workforce Innovation Among the most common occupations were: · Management, professional, and related occupations, 34%; · Sales and office occupations, 30%; . Service occupations, 21%; · Construction, extraction, maintenance and repair occupations, 9%; and · Production, transportation, and material moving occupations, 5%. 85% of the people employed were private wage and salary workers. 10% were federal, state, or local government workers and 5% were self-employed. Conclusion: Boynton Beach has a slightly higher percentage of its labor force in the secondary labor sector (low wage retail and service sector) than Palm Beach County as a whole. The CRA should include businesses providing employment opportunities in the primary lalJor market in its recruitment efforts. 1 Florida Agency for Workforce Innovation 8 I D :" ,) ( , ,.. t'o ' Income According to the American Community Survey, the 2007 median income of householos ir tT)'" City was estimated to be $43,77L! (2006 figures adjusted for inflation), lower than me (ountv : median income of $53,149 fa' tne same time period, also adjusted for inflatl()r, Medlar household income in the CRA was well below the City's average at $40,959" 70% mE households within the City received earnings and 17% received retirement income other tnar Social Security. 38% of the households received Social Security. The average Income Trom Social Security was $14,090. These income sources are not mutually exclusive; that IS, somE households received income from more than one source2 Conclusion: The high percentage of households collecting Social Security skews median income downward. This is typical of a population with a large number in their golden years. Also/ m previously mentioned, the City has a slightly higher percentage of its labor force in the secondary labor sector than Palm Beach County as a whole. With new and more diversified employment opportunities, this figure should proportionately increase. Unemployment As previously mentioned in the beginning of this plan, one of the challenges facing the CRA (and the City) is unemployment. Although Florida and Palm Beach County has enjoyed one of the fastest growth rates and highest employment levels within the past 10 years, the unemployment rate and the number of unemployment claims has risen over the past couple ot years. In 2005, the statewide unemployment rate was 3.9% decreasing to a record low of 3.3% in May of 2006; however, in 2007 it rose to 4.0% and has continued to rise to its present rate of 6.8% as of August, 2008. On the local level, the County-wide unemployment rate is higher than the national and state average at 7.3% with 47,891 people unemployed. Unemployment within the City is lower at 6.4% so far for 2008, but higher than in previous years3 1 Median household income for the CRA was extrapolated from the 2006 Boynton Beach CRA Housing Needs Assessment, FlU Metropolitan Center and adjusted for inflation, All inflation adjustments were made using the inflation calculator from the Bureau of Labor Statistics 22006 American Community Survey 3 Florida Agency for Workforce Innovation, Labor Market Statistics Center 9 National, State, and Local Unemployment Trends U,nemp'oymentRates 2008 i .~JI"_~)m~&~A[k!"'"'dl~i"" 2007 'a_I~I.lI~J~ti"<<}"iit~.,* . Boynton Beach PBC 2006 ~ . Florida ..... .... .... .. .,... ............. . ....... . . , 2005 JL~.di$~~!.W;J_"'A,",VU' " u.s. 0.00% 2.00% 4.00% 6.00% Source: Florida Agency for Workforce Innovation By examining the trend of unemployment claims filed so far for 2008, the number can be expected to reach approximately 65,000 initial claims in 2008 as compared to 42,638 in 2007 in Palm Beach County, an increase of 52%. Also, as is typical in times of stagflation (where GDP retracts while inflation increasesL the Consumer Confidence Index has declined significantly and reached an all time low in June, 2008 dropping to 591. Nationally, the index sits around 59.8 as of the end of September; however, the cutoff date for responses to the survey used to gauge consumer confidence was September 23 and doesn't capture the recent market plunge on Wall Street that wiped away $1.2 trillion in value from retirement funds, mutual funds and individual stock holdings. With the bailout plan for Wall Street having just passed on October 1st, there may be an increase in consumers' confidence in the economy. Below is a table released in September, 2008 showing changes in the number employed since last year in Palm Beach County along with the respective job classifications. 1 Florida Agency for Workforce Innovation, Labor Market Statistics Center 10 I f' oJ g Changes in Nonagricultural EmpIOV!1\pn! aim Beach Countv Total Nonagricultural Em 10 ment Total Private Goods Producin Construction Manufacturin Service Providin Private Service Providin Trade, Transportation, and Utilities Wholesale Trade Retail Trade Food and Beverage Stores Health and Personal Care Stores General Merchandise Stores Transportation, I Warehousing, and Utilities Information I Financial Activities i I Finance & Insurance 11 I 567,600 577,300 4,500 0.8% 5,200 -+ ,I _507~500 _~:,~OO I -2,100 -04~ 5,70~ ~:"% , 56,900 I 62,30;f 100 0.2% I 5,300 I -8.5% 39,500 3:~Ot~37j- 0 I 0,0% [4'20~ 1~96% -- ---------~----- . -~--------+-------- ,-- 24,400 I 27,700 I -100 -0.4% [i 3,40~ I -12.3% I I, , --+ -,--,+- ----+- "-+-~t-' ----- 17,300: 18,500 100 0,6% 11,100 -5,9% 515,100 __~_1~'~~~Hi,,~'5000i- 440~1-~9~1~oo I=o~% , I : 448,400 450,600! 448,800 i -2,200 I -05% i -400! -0 1 % 103,700 104,300 1--104,500 I---~- -0.6% -800 22,800 22,800 t-- 22,600 I ----at 00% I 200 -----t----------+---------- .--+.--,------t-.--....------.~. 70,400 i 71,000 i 71,600 I -600 I -0,8% 11 ,20~ I ---~ -l------- - 14,600 I 14,700! -200 i -1 A% -300. -2,0% 5,800 1--5.700 1------oi-----o,0% . ~----1:80X- 572,100 505,400 57,000 24,300 17,400 ' 14,400 5,800 -0.9% -0.8% 0.9% ,.1,7% ---+--..--.-.~-.f_.,---...~".." 12,100 i 12,400 12,500 -300 I -24% -400 I ,.32% 1 O,50~ 10,500 i 10,300 t----o-t---- 0,0% I 200 +-'---1'90;;;- r_""O~r_"100+~11"00+-0 ,- '00%+ 0-0:00;; i__,~~,500 1__~~,9~~j_ 39,900 -400 -1,0% 1,400.3,5% Depository Credit 25,100 25,000 25,200 100 0.4% -100 -0.4% I Intermediation Professional and 7,500 7,600 7,800 -100 -1.3% -300 -3.8% Business Services Professional and 122,100 123,500 122,000 -1 ,400 -1.1% 100 0.1% Technical Services Management of Companies and 38,600 39,100 37,600 -500 -1.3% 1,000 2.7% Enterprises Administrative and 8,900 8,800 8,500 100 1.1% 400 4.7% Waste Services - 74,600 75,600 75,900 -1,000 -1.3% 1,300 -1.7% Employment Services - Education and Health 43,500 43,500 44,700 0 0.0% 1,200 -2.7% Services Ambulatory Health 79,200 78,600 77,900 600 0.8% 1,300 1.7% Care Services 31,700 31,700 31,600 0 0.0% 100 0.3% Hosoitals leisure and 16,500 16,600 16,200 -100 -0.6% 300 1.9% Hospitality Accommodation and 69,100 69,400 69,200 -300 -0.4% -100 -0.1% Food Services 54,400 54,200 54,500 200 0.4% -100 -0.2% Accommodation Food Services and 10,600 10,700 11,000 -100 -0.9% -400 -3.6% Drinkina Places 43,800 43,500 43,500 300 0.7% 300 0.7% Other Services 24,700 24,800 24,200 -100 -0.4% 500 2.1% Total Government 66,700 60,100 66,200 6,600 11.0% 500 0.8% Federal 6,300 6,400 6,300 -100 -1.6% 0 0.0% State 8,500 8,200 8,700 300 3.7% -200 -2.3% Local 51,900 45,500 51,200 6,400 14.1% 700 1.4% Source: Florida Agency for Workforce Innovation Conclusion: Inflation along with the downturn in the real estate and credit markets has impacted the purchasing power of many households within Palm Beach County. Without consumer spending and without the ability to borrow capital, many businesses have not been able to retain their employment base. With regained access to credit for both consumers and small businesses, consumer confidence and lending should increase and unemployment rates should return to more historical patterns. The bail out plan that was just passed is anticipated to bring about the needed liquidity in the market place and induce banks to start lending again. 12 I P a e e Future Job Growtr Industry prolectlons by the Florida Agency for Workforce Innovation provlOe a look into the job classifications expected to increase for Palm Beach County (Workforce Region 21), The largest increases are within Administrative Support Services, Professional SCientific" and Technical Services, and Ambulatory Health Care Services future Job Growth Categories for Palm Beach Coum Employment Indw.uy ~ C* TItl$ i 9 10 11 12 13 14 I 15 16 17 18 19 20 ~. I i I 1 2 3 4 550 621 712 540 2007 ManaQement of Companies and Enterprises Ambulatory Health Care Services Museums, Historical Sites, & Similar Institutions Professional, Scientific, and Technical Services Amusement, Gambling, and Recreation i Industries____ + Educational Services ' Heal~h, and ,Personal Care Store~ .~~~~-=-~-~-r Administrative and Support ServIces ~ ISPs, Web Search Portals, and Data Processing I Services 1 ,766 I Insurance Carriers and Related Activiti~-- --- t- 7,604 -- 'I --- Merchant Wholesalers, Durable Goods _ +__ 12,189 Social Assistance I 7,825 - -..- ---- .--- - 1- - -- Broadcasting (except Internet) _ ____+ 2,094_ Nursinq and Residential Care Facilities __ ----t _ 12,793__ Furniture and Home FurnishinQs Stores______ ~___ 3,713 I __ Chemical Manufacturing _____________ __+ 1,018 i__ Miscellaneous Manufacturinq _ m__ 1,590 I ~~~~r~~I~~~;:~~i~Z ~~~i~es~_~=_ _=_-- ---t 1;:~:~ j_ Electronics and Appliance Stor~s__________ ___.1_ 2,644 I I 9,654 32,742 699 39,663 , 13,410 I 8,368 1- 5,623 77,623 i t This table includes industries with a minimum of 500 'obs in 2007 , , _._..----,~~--_.-, .-...--' 5 6 7 8 713 610 446 561 Source: Florida Agency for Workforce Innovation 2015 Annual Ch8ng$ Tot~ Percent 518 524 423 624 515 623 442 325 339 812 452 443 i m 13,853 525 ._~_:1~ 46,433 ' 1,711 .._~ __54~~~~_ J,8~~ t-~~;~-; 17,830 552 I 4,12 --- 11,124 I 344 4,12 ! -------{ 7,383 220__ 3.91_~ 100,679 2,882 3.71 2,290 66 9,708 263 15,483 412 9,929 263 2,647 69 16,115 415 4,676 I 120 1,281 i~ 1,994 i---~ 8,985 I~__ , 16,071---i__~~~_ __3,23~_74 ! 3.71 _._----~_. 3A6 3.38 --'.'-"--1 3.36 -,.----' 3,30 325 324 323 3,18 i 2.93 2,90 2.81 Conclusion: The CRA should focus on recruiting the above industries and similar types of businesses most likely to continue to grow. Also, recruitment should focus on neighborhood goods and services to meet local unmet demand within the CRA 131 Housing "Future housing demand in the City of Boynton Beach will be largely determined by on-going and planned economic development activity that will result in expanded employment opportunities. Employment growth will occur through the retention and expansion of existing firms and new economic growth resulting from start-ups, spin-offs, and relocations to the city and the southern and eastern sections of Palm Beach County. Basically, populations follow job growth and the demand for housing will be defined by the location, type and wage levels of the City and Countis future employment growth1." As previously mentioned, the large majority of the current labor force is comprised of workers within the secondary labor market (low wage retail and service sector occupations). These types of jobs are most affected by changes in the real estate market. It is critical to the City's economy to be able to house its workforce while simultaneously attract new businesses and industries offering higher wages and salaries. From 2002-2005, the City experienced a 16% loss of renter-occupied units due to condominium conversions. The inventory of apartments decreased from 6,224 to 5,035 units. Of importance here is the majority of young professionals, who are most often the pioneers that move into urban redevelopment areas, are usually renters while starting their careers since entry-level salaries do not typically offer the ability for most of the young professionals to purchase their first home. The CRA needs to continue to build its residential rental base in order to attract the young urban professionals while building its inventory of quality affordable housing for homeownership to keep its workforce from moving to other parts of the County. Intermediate opportunities to rent exist within some of the new condominium and townhome developments; however, this is a short- term situation as a result of the downturn in the local housing market and does not meet current and future local demand nor affordability requirements. By the year 2025, 4,173 new workforce housing units (80 -120% of area median income) and 6,627 affordable rental housing units for new households earning 80% and less than area median income will be needed1. The CRA will is expected to absorb a significant amount of these units due to availability of land and other redevelopment opportunities. In the past few years, the CRA has actively acquired land designated for affordable housing and subsidized the cost to for-profit and nonprofit developers committed to quality workforce housing with several infill developments currently underway. Also, in order to match housing demand with supply, the CRA is one of the few CRAs in the state with a grant incentive program for first-time homebuyers. It should be noted that the CRA has received statewide and international recognition for its commitment to and knowledge of affordable housing. 12006 Boynton Beach CRA Housing Needs Assessment, FlU Metropolitan Center 14 In,,, ".. r~ c~ 15 Conclusion: The CRA should continue Ie sutNOIze me cost of housing development in attemo~ to meet current and future housinp aemone ono ro work closely with the appropriate l Departments in expediting the develOomen; Diocess (site plan related issues, permitting, e Also, the CRA should assist developers il! accesslnQ other subsidy sources from outside the CR to help leverage the developers! and CRfJ -' Investments. The CRA should continue the DOIA payment assistance program to assls' '-ewlnlng and attracting its essential workfon Through effective layering of various Down OO\lment assistance programs (State, County other local programs), the targeted Income nouseholds can be served. Monitoring of the 5to1. and County down payment assistance programs will be necessary to effectively integrate IIi CRA's program. In addition, the CRA could partner with existing Community Land Trusts (0 ii, in Palm Beach County to produce a permanently affordable housing stock while simultaneousl~' preserving public subsidies for future generations. By partnering with existing CL Ts, startup ana administrative costs can be eliminated. Land Use One of the prime factors in attracting new businesses and industries is the availability at commercial and industrial space. Over the past few years, industrial land was converted to residential in order to increase the tax base during a hot residential real estate market. The unfortunate consequence is that this land is no longer available for industrial use which typically provides for higher wages and salaries and also provides for more of a diversified employment base. In addition, industrial land typically requires less public services than othel land uses which is critical during a time when the City's budget is constrainedl Strategic planning of the redevelopment of the downtown corridor is currently underway. Key to redevelopment of the area will be the creation of a central "downtown" area that has i1 uniform feeling or a sense of place. Much of the previously existing retail space within the CRA has been demolished or sits vacant awaiting redevelopment, These vacant sites along with vacant land have caused the central downtown district to lack a pedestrian oriented feel and sense of place. Existing businesses struggle due to these factors. Fortunately, the CRA had the foresight to acquire the marina in order to preserve public access to the waterfront ThIS should be the starting point on the creation of a sense of place within the downtown Key to a sense of place is fully-leased up commercial space, Commercial space within the marina currently has several vacancies. Adding to this vacant space will be large amounts 0' commercial space coming on line through neighboring mixed-use developments. The eRA can capitalize on this opportunity by focusing recruitment efforts to these spaces and helping to lin~ 1 Palm Beach County Industrial Land Use Needs, IPARC Industrial Land Use Subcommittee 15 I businesses to the necessary capital. The CRA is currently reviewing designs and constructior. drawings to make the marina and existing downtown more of a destination for businesses to relocate to and the public to visit, Conclusion: Businesses that cater to the seasonal and year round population should be expanded in the marina and downtown and marketed, such as jet ski rentals, kayaking, and other water activities including a water taxi. The CRA currently owns a handful of boat slips. These slips should be made available to new businesses and will also bring about a steady revenue stream to the CRA to help offset some of its costs. In addition recent legislation that was passed requires the County to develop an Intracoastal Waterfront Economic Master Plan that capitalizes on its environmental asset. The CRA should partner with the County and be actively involved in the planning process. Also, any federal or state incentives should be explored to help offset the CRA's costs freeing up funds for other redevelopment activities. Also, it's recommended the CRA work with City staff on preserving the existing industrial land suitable for redevelopment. This can be accomplished by amending the current City Comprehensive Plan to include new goals and objectives centered on industrial land preservation. Interested property owners of converted industrial land should be encouraged to rezone their properties back to industrial. Other surrounding vacant and underutilized sites that may be suitable to be rezoned to from residential or from commercial to industrial should be examined and further explored to aid in the development and preservation process. Lastly, special marketing events have been underway and have resulted in large numbers of the public coming to the marina and other downtown areas. The CRA should continue to sponsor and put on these events. Retail Market The retail market has been one of the hardest hit segments due to the downturn in the housing sector and the decrease in consumers' disposable incomes caused by inflation. Vacancy rates have been increasing steadily over the past year. Large national retailers are riding out the downturn and temporarily putting expansion plans on hold until the economy recovers. Mom and pop establishments are experiencing a more difficult time causing problems as well for property owners in maintaining the lease-up of their spaces. Although the dominance of the Congress Avenue corridor will continue, new retail space in the marina and new retail space coming online (approximately 70,000 sq ft) along Federal Hwy in the heart of downturn will provide opportunities for small businesses catering to nearby existing and future residents once businesses are able to access capital. 16 I a (.!" Retail Rents, Absorption, & Vacancy Rate Average lease rents have steadily increased over tne oas1 \lears despite the recent downturn Hi The economy. As of the 2nd quarter of this vear average lease rates (NNN) in Palm Beach '::'oumv averaged $23.78. The Boynton BeachlLanranc suomarket's average lease rate was 522.38' Net absorption of retail space continues to decline as weaker tenants continue to experience hard times due to the decrease in consumer spending and higher supply costs. New construction developments are limited which will aid In the stabilization of the market due to no over-building. Below is a table outlining significant trends in the retail market, including average asking lease rates and net absorption: Submarkets Gross leasable Area Vacancy Rate 2nd Qtr Net Absorption SF Under Construction SF Direct Average Asking Lease Rate SNNN SF!YR Boca Raton 5,541,315 4.58% (90,824) 45,000 $28.75 Boynton Beach/Lantana 3,694,514 8.87% (216,173) 262,622 $22,38 Defray Beach 2,733,489 5.65% (60,446) 0 $22,77 Jupiter 2,492,886 5.40% (167,045) 0 $24.08 Lake Worth 4,086,797 9.89% (345,951) 37,806 $17.95 North Palm Beach 3,631,703 10.03% (287,301) 100,000 $25.98 Palm Beach 120,000 ---% Wellington/Royal Palm Beach 3,594,680 3.95% (117,688) 119,000 $28.03 West Palm Beach 4,503,046 7.27% (261,304) $20.37 The totals above reflect only properties with 25,000 sq ft or more of available retail space Information will need to be gathered on other properties with smaller retail spaces. 1 CB Richard Ellis, 2008 2nd Qtr Retail Market Report 17 I Conclusion: The current level of vacancies will provide for ample space for new retail businesses wishing to startup, expand or relocate to the CRA. An emphasis on restaurants and other Eat/Drink establishments should be the primary focus and can be incentivized by utilizing the liquor license currently owned by the CRA. With respect to the vacancy rates having increased, this factor bodes well for small businesses in negotiating with property owners for more favorable terms and concessions. The CRA should continue to fund and market the commercial fa~ade program to assist retailers. Industrial Market Just as with the retail market, Palm Beach County's industrial market is experiencing corrections as evidenced by increases in vacancy rates, decreased lease rates, and overall negative net absorption. The correction can be attributed to the overall downturn in the economy with housing relating businesses taking a beating. It's anticipated the pattern will persist through the remainder of 2008. Vacancies will increase as more firms down size or move out from their existing buildings while at the same time new speculative projects will come on-line adding even more supply to the market1. Industrial Rents, Absorption, & Vacancy Rate The industrial lease rate in Palm Beach County averaged $8.34 as of the 2nd quarter of 2008 representing a decrease from the same time last year and is estimated to be a result of additional inventory coming on line and as a direct result of decreased operating costs which are (typically) passed onto tenants. Overall industrial leasing activity totaled approximately 386,000 sq ft countywide in the second quarter of 2008. Much of this activity occurred in the Boca Raton submarket. Sales of industrial land totaled 438,000 sq ft. Riviera Beach led the way in sales transactions of industrial space with approximately 240,000 sq ft. Tightened lending standards and increasing capitalization rates have impacted sales activity. The vacancy rate in Palm Beach County was 8.6% as of the 2nd quarter of 2008. The Boynton Beach/lantana submarket's vacancy rate was higher at 13.5%1. 1 CB Richard Ellis, 2008 2nd Qtr Industrial Market Report 18 I I) 'C' ;c.... ~ c:.-, Major efforts bv both tne government and private sector have focuseo on nosltionlng Palm Beach County as a biotech and a research and development economy In addiTion to ::,cripps Research Institute! other nign tech relocations and start up comoanies eIrE setting up operations in Palm Beach County Beginning early 2009, Max Planck, a (,erman [lIoteen firm I', expected to be operating in its 100,000 sq ft facility in Jupiter Palm Beach County Industrial Land Industrial 1,162,684 10.5% mJ~~~)." $9.15 . .. .................... 3,626A23 14.1% 11,577 'm?~~'~~? ' $9.04 . . ........... .., ....... 2,751,571 13.4% 13,053 . ?~3,~47 $8.50 ................................-. 12.1% Flex "..,J.~pi!~E,.."m"'.. 14.2% 13.4% Flex TOTALS: Industrial Flex 874,852 16.4% (lA76) $10.75 53,384,031 8.6% (285,309) 940,057 $8.34 41,129,071 8.2% (482,007) 906,099 $7.45 11,800,601 9.9% 196,698 33,958 $11.46 Source: CB Richard Ellis, 2n Quarter 2008 Palm Beach Industrial Market Overview 16.8% 8.8% 8.3% 10.2% The above table does not include information about industrial properties space with less than 10,000 sq ft. Information will need to be gathered on other properties with smaller industrial spaces. Conclusion: CRA staff should work closely with commercial brokers and create incentives to attract new industrial-type businesses in order to compete with neighboring municipalities. CRA staff can work with individual property owners to become designated as Brownfields to access tax credits and other available incentives to encourage redevelopment. The existing commercial fa~ade program should continue to be marketed to industrial property owners and businesses as well. As previously mentioned in the Land Use portion of this plan" owners of previously zoned industrial land should be encouraged to rezone their properties back to industrial which will add to the available stock. Office Market Over the past few years, the office market in Palm Beach County has steadily grown. Boca Raton and West Palm Beach have become the office centers with more office space for lease than their neighbors combined. Given Boynton Beach's central and strategic location, opportunities exist for Boynton Beach to capture a larger share of the office market in Palm Beach County, especially in the Class A office market which is currently is minimal in Boynton Beach. Large tracts of undeveloped land exist within the downtown area upon which new office buildings can be developed bringing new job opportunities. The health care and professional services sectors have steadily grown and are expected to continue to grow which will require additional office space. Office Rents, Absorption, & Vacancy Rate 20 I P d g C Boynton Beach currently has apprClXImatel, 348,063 sq ft of office space available lor lei!' among the three classes with a maloril\1 with I!' Class B (183,153 sq ft) as of the end of the quarter of 2008. Absorption is Gown alon@ with asking lease rates and vacancies are compared to the same time a yea age r local economies that rely upon constructIon iJ banking for a large portion of total emplovment such as Palm Beach County, there's a tocus business-to-consumer services and crean services (ex. mortgage lending), rhese types economies are more violate to cnanges in the housing market. During housing Doorr'. consumers have access to more disposable Income (refinancing opportunities, profit from salE'. etc.) and thus business-to-consumer firms generally do fairly well. In downturns in the housln~ market, the opposite occurs. These types of businesses layoff employees. reduce the scale (1' their operations, demand less space and/or sublet, adding additional inventory mto the offlC!: marketplace 1 Palm Beach County Office Space Overview Class A 30,000 3,411 $17.96 ~. -+---- (6,880) $16,89 (73,425) -t~4,174 -+ $18.71 ! I 89,899 319,174 $21.33 (181,315) -+-65,000 ---I $17,,18 I i I -I- 17,991 ! I $16.50 Class B 185,153 23.3% Class C 134,910 18.6% I Boca Raton I 10,909,338 19.7% I Class A 5,303,659 14.6% ~- 5,408,627 24.4% I Class C 197,052 27.1% Defrav Beach 900,339 18.3% ~~-- Class A 40,000 20.0% I t- , -+-- , , i~- + ---t- I , 14,446 $14.84 -L------.---- I , 29,695 -----l-'-- Class B 504,022 23.0% (20,982) $18.00 ------ -- ..--+------.--. I $14.71 i__________j___________..l_ _ _.j 1 Office Insight, CBRE Torto Wheaton Year End 2007 21 I Class C 356,317 11.5% 5,733 ----- $14.63 ! : Jupiter 435,996 21.6% (15,626) 0 $15.59 Class A ----- ------ ------ ------ ------ Class B 354,613 25.7% (15,626) ----- $15.86 Class C 81,383 6.2% ----- ----- $14.00 Lake Worth 438,267 31.3% (53,546) 41,853 $13.45 Class A ------ ------ ------ ------ ------ Class B 379,267 40.9% (52,341) 41,853 $13.45 Class C 59,000 17.2% (1,205) ------ ------ North Palm (1,702) $20.51 2,805,174 11.6% 44,500 Beach Class A 1,203,999 7.6% 11,175 44,500 $22.88 Class B 1,326,923 15.9% (11,814) ------ $19.61 Class C 274,252 8.0% (1,063) ------ $17.08 Palm Beach 541,306 7.5% (33,355) 0 $54.89 Class A 132,626 8.7% (11,750) ------ $62.21 Class B 298,680 9.7% (21.605) ------ $40.86 Class C 110,000 ------ ------ ------ ------- Royal Palm 296,578 4.1% (2,000) 0 $27.00 Beach Class A 141,750 8.5% (2,000) ----..- $27.00 Class B ------ ------- ------- ------ ------- 22 I r' 2 g ( Class : -----::::-1---- 154,828 I ------ ----=-+-----------+------ -- - 5,631,799 I 18.5% ! 136,595 $22.58 , r West Palm- i Beacr - -- -+---- Class t 3,088,081 20,6% 188,038 $24,91 Class B ---r 2,006,145 18,0% (52,272) $16,09 537,573 8.24% 829 $12,98 22,306,860 18.1% (32,082) 470,527 $19.41 -I -------t-. 305,057 363,674 $22.93 . -----------t--------i-----------.. (352,544) 106,853 i $16,93 9,940,115 15-4% --t- I 10,461,430 I -t . 1,905,315 I -L _ Source: CB Richard Ellis, 2nd Quarter 2008 Palm Beach Office Market Overview 22.0% -------------.--j 10.5% 15,405 $15.07 Whereas growth in the past few years has been led by the retail and construction activity there's expected to be a shift from the current economic center to other types of activity Future growth during the next 5 to 10 years will be led by exports (a weak dollarL corporate investing (continued large profit margins), and business-to-business services, Residential developers, retailers, and other business-to-consumer services will contribute less to overall growth than in previous years. What this shift means to the local market is increased vacancy rates, slower growth in rents, and the return of incentives and other landlord concessions" The above table does not include office buildings with less than 30,000 sq tt, office condominiums, or medical and government buildings. Information will need to be gathered on those as well, also, Conclusion: With projects on hold due to the current credit crunch in the lending fields, absorption in the very near future will most likely be limited to office space currently on the market or currently under construction aiding in the rebound of the office market. The CRA should focus marketing and recruitment activities to firms that provide business-to-business services and could incentivize lease-ups to copture a larger share of the office market. 1 CB Richard Ellis, 2008 2nd Qtr Office Market Report 23 , Statistically, Boynton Beach lags far behind West Palm Beach and Boca Raton in the office market, especially Class A and B office spaces. Boynton Beach is strategically located near the center of the County providing access to southern municipalities and to Broward and Miami- Dade Counties. To the north, firms still needing access to the northern municipalities and to the northern portion of the state would be ideally situated in the Boynton Beach CRA, located just off of 1-95 and minutes away from Palm Beach International Airport. The CRA has a unique opportunity with its undeveloped and underdeveloped land near the intracoastal to capture a larger share of the office market. Implementation Implementation is a key component to economic development. A marketing campaign will need to be conducted to successfully reach new businesses and developers interested in building, expanding, or relocating to the area. A business relocation package consisting of economic data and other relevant information about the area, including available incentives should be created and made available that expand upon the opportunities outlined in this plan and the City's Economic Development Atlas. Incentives that focus on accessing capital, residential development, industrial development, and the development of office space should be maintained and/or created in such a way to set the Boynton Beach CRA apart from other coastal communities and other similar redeveloping areas. Staff will need to also actively network with professional peers and maintain involvement with professional organizations to promote the area. Organizations that should be included, but are not limited to the Business Development Board, the World Trade Center Organization, the Palm Beach County Economic Development Office, the International Council of Shopping Centers, and the Chamber of Commerce of Boynton Beach. In addition, regular contact with commercial brokers will be needed. To also assist existing businesses within the CRA, a new web page should be created listing the existing businesses, available job opportunities within the CRA, available job training opportunities, and commercial space available. Targeted businesses should include businesses that rely upon business to business services seeking office space and industrial space. As previously mentioned, business such as jet ski rentals & kayaking should be recruited for retail space within the marina. Technical Assistance A full-time professional staff person or a consultant should be added in FY 08 - 09 to assist in carrying out the Economic Development Plan, including providing the needed technical assistance to new and existing businesses, commercial brokers, and developers. Technical assistance will need to be provided to businesses interested in accessing not only the CRA's incentive programs, but other incentives such as the Brownfield program, Palm Beach County CDBG Economic Development Set-Aside grants, etc.. Initial efforts should focus on the 24 I F' a g ! redevelopment of the CRA, OUT could be expanded to encompass the entIre C [ir II h~ne future An intern should be budgeted for to assist with economic development arllVlue- Measuring Progres, To effectively measure the results of the economic development efforts, a dataoase should be established that will accurately depict annual median income within the CRp" the current number of businesses operating within the CRA, the type of businesses, number of employees wage levels, amount of space currently owned and/or leased, and available space for businesses wishing to relocate or startup within the CRA. The database should be updated on a periodic basis. 25 I VI. CONSENT AGENDA: G. Approval of Donation from Town of Ocean Ridge for 4th of July . \i " ;::~\ ~ ~~ r~ ~~~CfY~T2~ICRA Ii East Side- West Side-Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Approval of donation from Town of Ocean Ridge for the 4th of July SUMMARY: . Ocean Ridge gives an annual donation towards the fireworks display . eRA received check dated 6/3/09 in the amount of$2,500.00 FISCAL IMP ACT: Project Fund revenue. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: Accept the donation for $2,500.00 from the Town of Ocean Ridge Kathy Bis iti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\Ocean Ridge donation for 4th of July.doc TOWN OF OCEAN RIDG; 6450 NORTH OCEAN BOULEVAR' OCEAN RIDGE, FLORIDA 3:~4:1; TELEPHONE: (561) 732-2635 FAX; (561) 737-8359 KENNETH N, SCHENCf, J::' TOWN MANAGE, COMMISSIONERS OR, LYNN L, ALLISON BETTY P. R BINGHAM TERRY BROWN GEOFF A Pi JGH KENNETH M. KALEE:. MAYOR, CHAIRMAN OF COMMISSlm,' Iu~",: -+" ::~t)\>: M.s. Kathy Bl."cuiu CIty of Boynton Beach 915 South Federal Hwy Boynton Beach FL 33435 Dear Kathy A[[ach;:~d p!cClse t~I!,j a cbecK m,':C:e piyable to Ib,~ Cil.', ii' the amount \'.t S~2, 'Ul i ,1<; :1 CG!l~~ibution t\.:\\i8.i\JS th~ annual t~rf'--vcrks ciIspi:JY rrc~~~n[cJ by tIle \_il~ fllf.: (Chl1 of Ocean Ridg.:: is pleasc;,u te, cOl1tribu~c i(lW~rd this event. Yours truly. . / I " I' , .-r. . (' <! ~. j, /\ U ~ ," ! ,J,)/i'Cc/(;"o, " Karen E. Hancsak TOWI: Ccrk Ene. THE MISSION OF THE TOWN OF OCEAN RIDGE IS TO CREATE AND MAINTAIN A BEAUTIFULLY LANDSCAPED, DIVERSE SEASIDE COMMUNITY BUILT AROUND THE FAMILY AND CIVIC PRIDE. STATE OFTHE ART PUBLIC SERVICES AND INFRASTRUCTURE THAT ENHANCES THE NATURAL BEAUTY OF OUR TOWN VIII. INFORMATION ONLY: A. eRA Policing Activity Report for the Month of May, 2009 and District Statistics for the Months of April and May, 2009 ,.' .s\l>,: / r:~67" r ~.~~Y~T8~1cRA\ ~ East Side -West S",de - Seaside RenaissancE eRA BOARD MEETING OF: June 9, 2009 I Consent Agenda I Old Business New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of May, 2009 and District Stats for Months of April and May, 2009. (Info.Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: April 2009: · Crimes - 72 · Arrests - 14 · Calls for Service - 1584 Mav 2009: . Crimes - 50 . Arrests - 19 . Calls for Services - 1578 FISCAL IMPACT: Cost budgeted in FY 2008-2009 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board MeetingsI6-9- 09 Meeting\CRA Crime Monthly Stats May,doc Boynton Beach Police Departmen' Year-To-Date Crime Comparison Repor 2008 I 2009 CRA District MA Y 2009 CRIMES May-09 May-08 + I - Apr-09 + 1- Y-T-D Y-T-D + I" 2009 2008 Criminal Homicide 0 0 0 0 0 0 1 .1 -- Sexual Offense 0 0 0 0 0 3 1 1. Robbery 6 7 .1 2 4 19 32 1'1 , v -- Aggravated Assault 11 7 4 7 4 41 33 B -,-,-- Burglary 9 7 2 20 -11 69 53 16 -- Larceny 22 20 2 42 -20 171 162 ;j -- Auto theft 2 7 -5 1 1 11 29 -18 TOTAL 50 48 2 72 -22 314 311 j ARRESTS May-09 May-08 + 1- Apr-09 + I - Y-T-D Y-T-D + 1- 2009 2008 Criminal Homicide 0 0 0 0 0 0 1 ' , Sexual Offense ! 0 0 0 0 0 0 1 -, --...:--.,-- Robbery 0 2 -2 1 -1 6 12 -6 Aggravated Assault 7 3 4 1 6 22 : 16 b +- ----.'- Burglary 2 0 2 0 2 9 i 8 ,,,'- Larceny 8 1 7 12 -4 42 17 2tl ,.- Auto theft 2 0 2 0 2 6 3 .) TOTAL 19 6 13 14 5 85 58 2," CALlS,Drt....,,! May-09 May-08 I Apr-09 I Y-T-D Y-T-D j + - + - 2009 2008 + I " TOTAL 1578 1503 75 1584 -6 7645 7697 .52 5/29/2009 05/04/2009 1/209 05/18/2009 eRA Police Team MONTHLY ACTIVITY REPORT MONTH: MAY2009 -QOL Enforcement along the South Federal Highway -4 felony arrests, 1 misd, Z warrants, 6.Sgms of crack recovered, and $3700. seized for forfeiture. -Worked on paperwork in reference to the Atlantic Lodge search warrant and arrest warrants -Conducted Burglary Suppression in the southeast sector of the City -Zwere arrested for burglary -Assisted CAT Unit with an operation at the Tiki Hut Motel -1 arrest made and 1 searcb warrant executed -Attended the CRA Committee Meeting -Attended the Boynton Beach Police Dept's Memorial Ceremony - Patrolled the CRA District in vehicles -Assisted RP with calls for service in the CRA District -Worked on paperwork in reference to the Atlantic Lodge search warrant and arrest warrants -Attended the CRA Board Meeting -QOL Enforcement in the HOB -3 felony arrests, 8 misdemeanor, 3 warrants, and 1.9gms of crack recovered -EXP A at KFC 131 E BBB ref to noise complaints as well as speaking with the complainant -EXPA at 130 NE 4th Ave in ref to suspicious people -Attended the Family Fun Day at Carolyn Sims Center -QOL enforcement along the South Federal Highway corridor yielded 1 arrest -Walked arrest and search warrants up to the State Attorney's Office as well as getting them signed by a Judge -13 felony charges, 6 misd, and 6 citations -Conducted drug reversal operation at EZ-Mart -7 felony arrests, 4 vehicles seized for forfeiture -Attended CRA Event Artavox at the Schoolhouse Museum - Executed search warrant at 2607 S. Federal Highway as a result of our on-going investigation. Arrested Ryszard Swierszez 01/24/1946 at 2607 S.Federal Highway for having multiple outstanding felonies warrants for directing and dealing in stolen goods filed hy the CRA Policing Unit. One stolen shotgun waS recovered, and 2 items sold to bimby CI as stolen goods were recovered. Tools, 7 gift cards, and a bag full of jewelry were also recovered to determine if they are stolen items. 1 vehicle was seized tor forfeiture and ro e owner received notice offorfeiture for the actual buildin and ro e at OS/25/2009 2607 So. Federal Highwa)' -Conducted interviews with multiple parties related to the investigation -Conducted multiple TV interviews in reference to the above investigation - EXPA at KFC 131 E BBB and 130 NE 4th Ave in reference to citizen complaints - Patrolled the CRA District in vehicles -Assisted RP with calls for service in the eRA District -Compiled statistical data in reference to police activity and calls for service at 1005 N Seacrest -Assisted BBPD D-Bureau with a burglary suppression in the northeast sector of the City; I arrest made -Conducted a Buy-Bust ref to Trafficking of Schedule II Narcotics at Shell 2360 North Federal Highway -3 felony arrests, 1 misd, 141 (l7.8gms) Roxicodone pills recovered, 2.7gms of marijuana, 1 vehicle and $2756.00 was seized for forfeiture - EXP A at KFC 131 E BBB and 130 NE 4th Ave in reference to citizen complaints -Met with a concerned citizen in reference to issues at Marina Village - PatroIled the CRA District in vehicles -Assisted RP with calls for service in the CRA District -2 misdemeanor and 2 warrant arrests -Surveillance at a target location along South Federal Highway and one target along North Federal Highway Misdemeanor Felony Citations "---'~-'-'-' Warrant Arrests . Charge_~Yile~___, ___.. Warrants Executed I TOTAL ARRESTS 19 29 8 14 19 !2 'I][-~I Cocaine Methamphetamines tyI<>:~ij.u.ana Heroin Schedule 11 $6456.00 ._---~ (6) and Property at 2607 s. Federal Highway , ~~~I11 Cash Vehicles 2}gms 141 pills Schedule HI Schedule IV Guns VIII. INFORMATION ONLY: B. eRA Police Arrest at Atlantic Lodge - South Federal Highway Page 1 of 1 Simon, Michael From: DeGiulio, Joseph Sent: Friday, May 29, 2009 7:20 PM To: Simon, Michael Subject: FW: Attaboy Attachments: image001.png Just want to pass this along showing support for the unit I don't know who the woman is, I assume she is a concerned citizen, SGT. JOE DEGIULlO BOYNTON BEACH POLICE DEPARTMENT eRA POLICE TEAM (56 t ) 459.6203 (56 t ) 742-6866 (FAX) deg iu Iioj@ci.boynton-beach.fl.us From: Gitto, Suzanne Sent: Tuesday, May 26, 2009 11:55 AM To: DeGiulio, Joseph Cc: Harris, Kelly Subject: Attaboy Hey received a call from Susan Horne today congratulating the eRA unit for all their hard work on the arrest of the Atlantic Lodge, She advised this has been a constant problem to the community and it is nice to see the police department making such a difference, Figured you could pass this along to you and your unit and placed it in their file, Thanks Sgt. Suzanne Gitto 561.742.6141 6/1 /2009 .. ~~-~/< "..~"~\"-j:.. "'~\ "c",. e~,"""" :S,,\ :':::o..III~. ~"/" ~, ~~:.\_l~:'~ Iti Boynton Beach Police Department Office of Media Relations G, Manhe~i'v Jnl1111e1 Chief of Police Undercover operation leads to motel owner S alTest for dealing in stolen property Police on Thursday night charged the owner of the Atlantic Lodge motel on South Federal Highway with more than a dozen counts of directing and dealing in stolen property. Ryszard Swierszcz, 63, hired motel customers to steal merchandise from Home Depot Wal-Mart and Walgreen's and then fraudulently return the items for store return credit cards. Swierszcz then met with them at his motel and paid them for the store return credit cards. In addition, Swierszcz asked them to steal specific items from the retailers. He then paid them a small fee and sold the stolen property for profit. Swierszcz's arrest was the result of a two month undercover operation by the Boynton Beach Police Department's Community Redeve]opment Agency (CRA) Policing Unit. The investigation was sparked by information from street contacts and local business owners that Swierszcz was dealing in stolen property. The CRA Policing Unit teamed up with Home Depot's Regiona] Criminal Investigative Team. Whldi supplied undercover officers with merchandise and store return credit cards. Those items were given lU street contacts, who met with Swierszcz at the Atlantic Lodge and sold them to him under the guise that they were stolen. The investigation also revealed that Swierszcz allows drug users and prostitutes to rent rooms at hi~ motel to conduct their business. As a result, police are looking into additional charges against Swierszcz under the state's nuisance laws. "Swierszcz's motel provided a safe haven for the criminal element and he hired many of them to steal for him," said Sgt. Joe DeGiulio, who supervises the CRA Policing Unit. Since January 2008, the Boynton Beach Police Department has been called to the Atlantic Lodge more than 75 times; 32 of those calls for service were narcotic-related incidents. Also in that time. officer~ have arrested 39 people, including Swierszcz who interfered with a police investigation. "It became a quality oflife issue for this stretch of South F edera] Highway:' DeGiulio said. Due to the fact that Swierszcz was using his business to conduct felonious criminal activity. his motel is subject to forfeiture. Police intend to initiate forfeiture proceedings, DATE AND TIME OF RELEASE: WRITTEN BY: AUTHORIZED BY: May 22, 2009 Stephanie Slater. Public Information Officer Lt. Jeffrey Katz OBTS N""""" I PROBABLE CAUSEAFFlDAVIT 1, A,",II ~ Roque.l klr IIIIwm1t Gl ~.r; 2,N,TA, 4~IarC.. "-">f0Rl_ I AQoncr~ I AgonrlyR.port~ 1.1 J FLO 5 0 0 :3 0 0 BOrNroN B&ACH POLIO 0& PAR. 'I'M!lNT 3 4 I~I 09 1-119079 ~T1"* 1811. F8Iony 8 3, Miaclo.....nor B 5, Oraltlenoo I SI*aI_ Clloc:t .. "*'Y o 2, Tro.ffic Felony ~, Tt8ftie Mil<lenlee1lO/' 6. OtNr .."""I\' N... f~..t FnL r.llddlll\ Alia!, I~ s.. I 0.. 01 !lillh Swierszcz. Ryszard M 01-24-46 Ctwve DosaIpIion C/lWpII OOlCtipllOr, Dealing in Stolen Property F.S.s. 812.019(1) ChotQe DesttIplIot\ c_ 00Iaipli0n VclIm'. Nomo (\.JIll. F'nt, Middlo) Ii i I DehtalDi1h State I 1.Dcel_ (Sl1Mt, ApI, N<nIbor) IOIrl (S_J (zip) Phone AddrMS Sourte 1 -I II Bud_Adchss (N._, s~ (l;q.l ISlllo) {lip} Phon. ~ 1 -I II Th. ~ntlll'Od corII!Ioo ,.,d ......... hI\ MIJ/l.11N j.JSl end _blo """'~ \0 bohwo, end doe. ......lhlllltw IIbo.o nomed DoIendent commlfled lhofalowlnll....oIion oflew, Th. .,,01'1.....1'1 nt. GlMady . . o c:ommilllld the below acta in my pr....nee, 0 __ obs.rvod by Who lold o c:clF1fesuo to that helahe aaw lhe .rrescad person cornmiIlhe below _. .dmjW"" to the below '.<>1., ~ ....Iound to he... commllled the be1_ .Cls. resu"ing from my (oesctlad) lt1...atig.don, Otllho 16 day of April ~ 09 III 5:00 o A.II. ~ ...... (Speclflc.aMy InclUde laels c:oMIltulfflg ea'--8lDr___> myself and members of the CRA unit began to conduct an operation in ref to the owner of the Atlantic Lodge ( Swierszcz, Ryszard DOS 01-24-46) dealing in stolen property. The operation is based on information I received from CIPAl and other treet contacts. CI PAl informed me several weeks ago that the owner of the Atlantic Lodge (2607 S, Federal Hwy) who he knows as Richard, which from past dealings I could identify the owner as (Swierszcz, Ryszard DOB 01-24-46), is dealing in stolen ~. Cl PAl informed me that he has observed some of his street contacts sell fraudulent store return cards 10 the owner of ., the Atlantic Lodge, Swiorszcz. The cards were fraudulent due to the fact that the cards were obtained by returning stolen property to !Home Depot Cl P Ai advised that SwieTSZCz will also buy stolen property. CI PAl advised me that he has observed a street contact of his shoplift from Home Depot at one location, and then take that property to another Home Depot at a different location, and return the property fOT store credit which is placed on a Home Depot store return credit card. CI PAl then advised that the street contact of his wiU Imake contact with Swierszcz at the Atlantic Lodge (2607 S. Federal Hwy) and sell him the store return credit cards for less than the lactual value that is on the Home Depot store return credit card. CI PAl advised that he has spoken to Swierszcz and told me that he could ~el1 Swierszcz stolen items. After CI PAl advised me that he would be able 10 sell Swierszcz stolen items, I contacted W 1M CanasquiUo. Scott Central Investigator for Home DepoL) and advised him of the situation. Carrasquillo advised me that he would be more than willing to l1e1p aid in this investigation, and would give the eRA unit property to present as stolen to Swiem:ez, and would also help in purchasing property from the store and returning it for the store return credit cards. On 04-1 S-09 at approx 1130 hrs OCc Muhlciscn, Sgt DeGiuJio, and myself met with Carrasquillo and other members of the err team from Home Depot. We mel with them 81 J Iollywood Fl. Upon meeting with Carrasquillo he took me to the stock area were all the property is kept, and advised me that he would be able to give me any items that were labeled with CIT, Iwhich were all items that were recovered in other investiSltions. UpOD 1000111 at the items I took two 18 volt Dewalt cordless drills !Valued at $279.00 a piece, A property receipt was done for the drills and a copy was liven to Carrasquillo, After receiving the drills we ~~~t~ purchased two different items from the store floor, o~e which valued $104.94 and the other valued at 184.77 SWJRNANO 5UBSCReED 8!FORE IE ~~ ~;;J ~~oo~~~ - S1GNA'IU'U: C6' AliRESTING IINIIE5nGATlNG 0FFICl5R P. Antico NAME OF OFF~ (~P"'RfiT1 0.0. Te: 04-23-09 P^GE DATI! .1-a:~ OIS~1IUT1OH: ONU'OIl COURT OtIE FOR ST^TI! ,o,1iOAHEY lWO FOR AGENCY OBTS NlInbc -,---..... --'.-----.-1 I ~~INumbe ! AgonCyNom& FLO 5 0 0 ;:;> 0 0 I BOYN'I'ON BEACH POLICE. ~~:.v ~ 1 Felon} B 3, l\IIl._.nor ...,"'" 0 1 Tr&fTlC Fclorw ~,Tra/lic:~.meanor Nam.ll.Mt Fm, Uidd., Swierszcz, Ryszarc. ctwvo~ Dealing in Stolen Property f.S.S. 812.019(1) c~~ioc PROBABLE CAUSE AFFIDAVIT 11 I __-11___ OIU'AR.'1'M!:N'l' B 5, Ordinance Ii Other , ,ml~ KilQUQC.t to( 'Narr;ilfl': N T ^, 4 flaque$Ilor C_. I ~ f7~ ~ H 1907~---' I So.dal Not. ' ~hi'-"P.-'ik:: t'<i AU. i ~ : ~ l::.~~7-24-4~'-'--' \IIctim'~ N~ (Locl. First Middi~ I State local Add.... (SlIM!, ApI Ncfrbw (City) (5taul (rip) f't1orw I 6lJdnInss 1\.dd__1_, She(; ll'iIy) (Sloto) (2<,0) F'I\on . I =1 =:: - ... ----.-~I:J.~ OMe 01 birlh -... Sotn::e il Ill.lCo.lpOlior, -/ The und8roignod tec\1lIOS IrICl _81'S thliI _ /!as Nsllflll' ....$ONIbIe V""""'. 10 bohw, and dolo. t.l_lhllllM. obtMl nrnea O./oondom CClC'n_ lhe lollaMng YicIaIlon '" """ Th. P..--, _ into CUSlody , o commilled tt>e below act. In my "'.....nee, 0 _. obs..rvod by wIlo 101<1 o t<>n/ooNeC to l/utl hef8hlt...., the __.-son oomml !he below 90-;'''''' .------ --". admitting to the belOYoi f8ct,~ ~ was tou"'d to N\f~ commltted the bekH.i 8~S, re&utting frOf!'. my ldM.Cf1bedllnve.sHg.no' On the 16 day 01 April 20 09 III 5:00 0 ,Ul ~ l'oM. (Specillcehy Include _ c:onatiluli1'\Q c.use for Il1'1'Ml,) After purchasing the two items we went to the return desk and returned the property for two store return credit cards,! one valuing $104.94 and the other valuing $84.77 Carrasquillo advised me that he would be able to track the cards anytime that were _._~ used at a Home Depot and would be able to get video of the transaction. _______ ...,____. On 04-16-09 at approx 1700 ius I met with CJ PAl at the Boynton Beach Police Dept in order to present the two store! return clU'Cis which I obtained from Home Depot on 04-15-09 to Swierszcz as stolen and sell them to him. While briefing CI PAl l advised him that if Swierszcz ask's him how he obtain the cards, he was to tell him that be bas II friend that works at Home Depot in receiving and when checking in the property, his friend would erase some items from the list and put them into his vehicle, and later on or the next day his friend would return the property to another Home Depot location and get the return cards for the items be returned After CI PAl was briefed I gave bim the two Home Depot store return cards to present to Swierszcz as stolen and sell them. At approx 1730 brs Ofe Harvey and Ofc Brown set up surveillance on the Atlantic Lodge utilizing and unmarked vehicle across the street from the location. As 8000 as Ofc Harvey and Ofc Brown advised they were in pIa 1 P A1 began to travel to the Atlantic Lodge (2607 S, Federal Hwy)" Ofc Harvey and Ofc Brown were able to listen to CI P A .---....--..{ Upon arriving to the Atlantic Lodge CI PAl was able to make contact with Swierszcz and beean convertlation with ; ~ him. CI PAl advised Swietszcz that he has observed one of his other street contacts sell him store return cards from Home Depot and , I lIdvi~ed Swierszcz that he had some in his possession, Swierszczasked CIPAl how he got the cards and CI PAl advised Swierszc~ that M has a friend that works at Home Depot in receivin~d when checking in the property, some property would disappear, because i i bis friend would erase some items from the list and put them into his vehicle, and later on or the next day Iris friend would return the property to another Home Depot location and get the return canis for the items he returned. CI PAl also advised that his mend usually., return property under $100.00 because he does not want anyone to become suspicious, and any item over $100,00 he usually keeps Ilnd ," '- ~_.- .. . ... tries to sell. After CI PAl advised SwienlZCZ how he got the cards, S wielSZCZ asked CI PAl how much were on the cards and if the I cards were good, !MORN -'NO S\JllSCflIilED ~ ME V-~ i\- ;,ArOTAA'( PUeUt ,tl.ERI< OF COlAT J~ ClFI'lC:S\ 04-23-09 ~~ , SIGNA~0l'~5'T1'IG/~Tl!\GOFFlCER I 01\ TE P. Antico NAMi!! Of' OFFICliR Cl'LeASE I"NlT) 04-23-09 I>>.T! PAGE 1.2...0''''::'' OISTRIBIJTlQN: ONE FOR COIJRT ONE FORsrATE ATTORNEY TWO FOR AGeNej 08TS IUnbe- PROBABLECAUSEAfADA~ 1,Mest 2.N.TA 8uanIIa AddtwIOIN-, S,,- tyI OZ PAR'1'MIi:NT B 5, Ordi_ 6, Olh... ....... C~ Oeocription Cn.ve Oooafplion (5,...) (zip] "'-. / -/ (SlOIIo) !zipl PIlone I -I 0_ It IlWt OI-24A6 ~OR'~ FLO 5 0 0 3 0 0 ::r ~':n ~ , F.Jony ...,.,ay y 0 l Traffic FelOflY _1laIt. FRt. Middle, Swierszcz, Ryszard Ctwv- o.a;.ion Oealin in stolen Property F.S.S. 812.019(1) o..,.~ ( l 0aI0 cI birth 1IlcIim'. NMne (\.all. Fnt, Middle) State LOClIl Ntlt.-~, "'I'l Number) I 0c:a.lpIl1on Tho u'-'ianOll cetUiol 8nd _'" thoI tJOIsno has juaI. and r.-on.bIe gtounda lO~. n _.110_'"01 \he obcmt ""mood O.fandonl cammllod Iho ~g wiobItion ollaw. T"" "-on18Un i1to aJaIOdy , , o commltle<l '''' llelow &CIS in my preaenee. 0 __ llilHH'Yed by ...no lold o ~ 10 lhaI_he _Ih. .~ person ccmmIlll1e tI8Iow_. IIllmining to !he below iacll, I8lwaslound \D he"" =mmltlod th. below aclJl. ....ulIlng Ircm my (1I.....lbed) /r"''''I08t1on On IhII 16 dlIy 01 April 1G 09 at 5;00 0 AM. f&I ".M. {Specifically lnduola flII:1tot..,nS1l\utlr'l1.,..... ""r__l CI PAl stated that the amounts wcce located on the back of each card, and advised Swiccszcz that the cards were indeed good. Swierszcz then asked CI PAl for the receipts for the cards and CI PAl handed him a receipt for each card. After CI PAl handed Swierszcz the receipts, Swierszcz advised CI PAl that he would have to test the cards out before he paid him- Swierszcz stated . 0 CI PAl that if the cards are good, he would pay him half the total amount on each card. CI PAl advised Swierszcz to go ahead and test that cards. Swierszcz advised CI PAl that be would go to Home Depot right now, and advised him to come back to the Motel in approx a half hour, IS Swierszcz was telling CI PAl to come back in a halfhour, he advised CI PAl to go to Walmart and get him a cell hone car charger. CI PAl agreed to those terms and left the area, where he then met with me at a rodetermined location. Upon meeting with me at the predetermined location, we waited approx forty five minutes. After approx forty five minute 1 PAl began to travel to the .t1antic Lodge (2607 S. Federal Hwy) to meet with Swierszcz in rcfto the return cards. Upon aniva1lto the Atlantic Lodge, CI PAl met with Swierszcz aDd as soon as CI PAl walked up to Swimzcz, Swierszcz banded him $90.00 in U.S. cumncy for the Home Depot store return cards- After Swierszcz gave CI PAl the money, CI PAl advised Swierszcz that when his friend from Home Depot gave him those cards, he also gave him two Dewalt cordless drills, '(!:I PAl advised Swierszcz that he was'going to keep one for himself and sell the other one, and advi.~ Swicrszez: that ifhe wmted to look at thedriUs,he could come back tomonow. Swierszcz advised cr PAl to hring the drills by totrlght after dark, an he would take Bloak at them. CI PAl then left 'the area meeting with me at the predetennined location. Upon meeting with mc at the predctcnnined toeati d CI PAl gave me the $90.00 in U.S, currency which he received from Swierszcz in exchange for the Home Depot store return cards. After receivini the money from CI PAl I advised CI P Al that I would contact him later that night 10 conduct the second incidenl utilizing the drills Swicrszcz asked to see. COURT I P.OUC! OI'FlCER ~ .d.~,.:~::._,,_ P. Antico NAME CFu-,.~~ f'RIN'TJ SV\OAN A/oIl SU8SCNIED 8!FOAE ME 04-23-09 C>>.Tf PAGE .2..a..i. DISTRIBUTION' ONE FOR COURT Ofo/E FOR rT"'Tl! ",nORNEY i1M) FOfl AGENCY I 0fITI; ~ PROBABLE CAUSE AFFIDAV' Miles, .(. NTA. j t --L.L_ . ..,1l.Ientl., I r-. : '------1 IAQoocyORltUnbe ----- IFLO 5 0 0 :3 0 0 BOYNTON BIi'.ACH ""l.Iel DI!:PARTMEN'l ;,":' ~'':'' ~ I Felony 0 3. Miadcmollnor ..--. 02. Tr.mc F.lony o. T...1lI<:~ NlIf1le !lact. Fm Midd19, i Swierszcz. Ryszard CI-_~, Dealiong in Stolen Property F_S.S. 812.019( 1) CI\at\lOl Desmo",,, 8 s. Ordin8. no. 6 Ocne' I~J~ I ~Clllitth 01-24-46 1.1'.' I Chhrge Descntl(J(Y i ChaQe De=iooc" I j Dirt.. 01 bit1h Vtaim'. Neme (ill$!, Firs!. l,4Jcjole) State Local AddrMo (SIr.e(, AfI.. ~ (Stolel I1fp~ Phone i - / (StaIo) (Zip) Ph"", I -I &dntro. .A.ddte... !Nome, St'Mll / Tn. undorsil1* cer1!f.....-.d .......... that heIW has;u. and reasonable g/'OlJrlds to _, end does boliow ~ Ills .be.. Nlmed OeIonclMI COtl'lfTlitbod !h. folowng IIioIlICion of..... .------1 The P_loI<en inIo QJotody , . o .:ommilted the below lias", my pre"."oe, 0 was obs.rvee oy _ wIlo told ___.___.. o con_a 10 lhal helshe sew 100 "rm&l<>d p"raoo CXltTlmft the ~cw ItQl5. admitting 10 'he beiOVo' faet& ~ wa, k>und tc haY& committ.&" the bcMow acts, ~$Uttk\g fl"Oftl my (described) y,\I65lii;1ahor, 00100 16 day 01 April zo 09 01 5:00 0 A.M, ~ P.II, (SpecfficallYlllduda'IIc:w~titutlnGca..../oromo.t) After conducting this investigation and . - _ n1__,j bable cause exist for Swierszcz for the charge ofdea1ing in stolen property F.S.S 812.019(1) and [ will be filling for a warrant with the State Attorney's Office, It should be Doted that the U.S. cwrency and the audio and video CD was placed into evidence in ref to this incident, nd that when CI PAl handed Swierszcz the two store retum cards, his wife WfF Mazurek, Bozena DOB Olw20-59 wu present for some] of the conversation. i .-.---1 Due to the fact that Swierszcz is utilizing his business Atlantic Lodge (2607 S. Federal Hwy) as an instrumentality in _I the felonious crime of dealing in stolen property, the business (2607 S. Federal H wy) (Atlantic Lodge) is subject to foifeiture according I to F.S,S. 932.701(2). '---j I .~'~<-'--._.'1 -'--".1 ------..1 'l:~ ---~.._,-{ '--_._'~-----i , '---f SlMjRN ANO SueSCRlBEO BEFORE UE SIGNA TUR! OF AIlAE$TJ,IG IINVES~l1NG 0f'F1C!l'l NOTARY PUeUC I CU!Rl< OF COURT I POLICE OFFICER 04-2>-09 o.\TE P. Antico NAMeOF(W"'J...,~~~ 04-23-09 ~TE r ! ""....G€. " ~O'~i DISTRIBUTION' om: !'OR COURT ONE FOFl!TATE ATTORN~ TWO FOR AGENCY OBTS NlmbIlr I PROBABLE CAUSE AFFIDAVIT 1_ 3, Il~ fat w.rr.m Gl ~r; 2,N.T..... 4. ~lcrc.... AQOfIOI ORINurnbor II\QOIlOV - I /lqI1nOI Ropo~ N.."..., 1,1 I FLO 5 o 0 :3 0 o BOYNTON BIiIACH POL:J:CIl: D:EPAR!:rMlilN'l' 3.. 1-1 09 H 19101 ~T)'lle: ~ 1, FelOnV B 3. ~<r 8 5, Ordinance IlllDOCMIN_: CIwm _ ..., 2, T.,..ffk Felany ol. TraIIie LI1scle..-.or 8. Other ........, N_IlIlt. FInl MII1CIel AliII. Iw s.x I D8Ie of &1r\ Swiers2:CZ, Ryszard M OJ -24-46 Ch.,.. Doe~ CIl8rgo OIIlaip1ion Dealin2 in Stolen PropertyF.S.S. 812.019(1) Directing Dealing in Stolen Property F.S.S g 12.0 19(2) C'-ile Dosc;riplicn ~p~ VIdim'. _ (lM!, Fi'!II, Mldltel l'i Sox I 0.. 01 bill', State 1 I lOClll_ (SltMI. AllI. "",",ber) (DIy) (StM.l (zipl """"" _ SoYrc:e II 1 -I I I~ IldclroNI_. sn.g (Cityl (Slota) (2ip1 FIleno ~.... II 1 -/ Tho undots=, cattlfiH MIl _.... IIlIll he/IIIt'" foJ1l and ,..".".... ~. Ie lIeiovo. atId do_ bel.... th8I .". 1lboII. ".".,..s ~I comIIOCllllo following ~ '" ,...., ThoP_ inIc~., o commlt_ the below ecb in my p....I1Ce, 0 we. Ob..4IWY8d by who told o CXlnlHa80 10 tMt....,ahlo _\he a"""*"d """"'" """'"'l_ _ .... ."",,ttino '" the b_ l..:ts, jgl wallound to have commill." th. below .ds. rM,,"ln; 'rom my {dosc:nt>odl inVOlSligotion. On tho 16 a.y 01 ADril 2009. 9:30 o ....M. ~ P.III. (SpecIfICally IncIudo ,_ conellWllnCl C*IM \lor _1.) On 04-16-09 atapprox 2130 hrs CI PAl met with me at the Boynton Beach Police Dept in ref to an on going operation of dealing in stolen property. Based on the information CI PAl n:ceived during the first meeting and sale with the suspect W/M Swierszcz, RyszlJ'd DOB 01-24-46 ref case number 09-019079, it was detennined through that incident (09"()] 9079), that eI PAl would bring two Dewalt cordless drills, which Swlerszc% believed were to be stolen due to the conversation that him I11d CI PAl had early today ref (09-019079). Upon meeting with CI PAl him and S wierszcz. . -- . . 1. CI PAl was given the two Dewalt cordless drills. Ofc Harvey and Ofc Brown set up survciIlaJJce utilizing an unmarIced vehicle across the street from lhe Atlantic Lodge (2607 S. Federal Hwy). Once Oft Harvey I11d Ofe Brown advised that they were in place CI PAl began to travel to the' Atlantic Lodge to meet with Swierszcz. Upon el PAl arriving tr> the Atlantic Lodge, he was able to meet with Swierszcz inside the office of the Motel and as soon as he went inside he brouibt the two Dewalt drills inside the office with him. Wbile inside the office CI PAl began to show Swierszcz the drills, and IS he was showing Swierszcz the drills, Swierszcz asked him what store they were from.C} PAl then advised him that they came from Home Depot, and stated that his friend who works at Home Depot in the receiving department took: two of the drills, by crossing them off the manifest as if they were never received and placed them into his vehicle. As'SwiCTSzcz was looking at the drills, he staled that he really did not need them and wasn't lure if he wanted to buy them. After Swiel'5Zez stated that he WIIS not sure if he wanted to buy the drills, CI P Aluked Swiers~z if there was anything he wanted him to get from his friend at Home Depot, and Swjerszcz replied that he wanted him to get an electric welder. cr P A lltaled that he would let his friend at Home Depot mow. After approx ten minutes Swicazcz offered to give CI P Ai $100.00 for both drills. Cl PAl acted like that was not enough. but advised him he would sell them for that amount because he needed Ihe money. Swienzcz then gave cr PAl $100.00 in U. S. currency in exchange for the two Dewalt cordless drills. " ~1ll!FORI!ME ~~~ ~TUA! dJ: AIII'IESTlNGl/lNllES7lG-'TING OFFICER '-t<<1l'1IRY lIt'iIl.(C I b.eAK OF C E OFFICeR P. Antico 04-23-09 NAME OF 0Ff1CfR Cl"\.EIISE I'RINT) 0.. Te 04-23-09 PAGe c.o.TE -LCF..!.. DlSTRI8lJT\ON: ONE FOR COURT ONE FOR S'TA.TE ATTORNEY twO FOR AGEJofCY ~ OBTS N<xT"'" PROBABLE CAUSE AFFIDl;,/ Arrest .~ NT.A ~, I Ageocy ORI ~ 'FLO 5 0 0 3 0 0 g=.~~~ ~ 1, FeIooy os"""" 02, Traffic Felony Nanellast. Fist Middle) Swierszcz, Ryszard Che<pe~ aling in stolen Pro rty F.S.S. 812.019(1) c~~ DE PAR TMlI:N'1' 8 5. Ordinana 6, Othe ...--1Ll,.____ .____L Ahll!' 0... 01 BirtI 01-24-46 Ctwllo Ooscnpt1or, irecting Dealing in Stolen Property F.S.S.812.019(2) ChaI1;1e De1la1lll to" V1c:tim'$ Nemo (Last, Fnt, l.IiddIe) State Loeal Mdl'OSa (SlTMI. Apt, N\.ml)<<) I a_. AGdnl... [III...... SltMg I I~) (51"",) IllO PtloIl<i , I . i Illy) IS") /ZIp) I'hont: Oc:aJpolicm I -/ / I O..t:Ablrth +:: ~=t.-:' ~ ~ ~I'I "'" - hell j.J/ft end ..~ groundllD beI_. .,d doGs beIiwo lhollM --.. _ Oefondllnt commiMClll'l& IotloWing v.olOlion 01.... o commil1od t". bfJI_ .as in my presence, 0 _ obs4IfVed Dy who told o con""'''''' to .,,'" tIeIahe IIIlW the ....-..- plarson c:ommil_ _ act-;-----....----.. admltttng to ttle be~ow factt; 181 waa found to have committed the below act. resulting from my (described) InvQ.c,tigpti~ day of April 20 09 at 9:30 0 ....,..181 P.M. (Speelflcally include facta conaI1Mlng ca....for_) After Swierszcz handed CI PAl $100.00 in exchange for the two Dewalt cordless drills, CI PAl left the area and met . 'th me at a predetermined location. Upon CI PAl arriving to the predetermined location, CI PAl handed me the SlOO.OO in U.S. currency that he received from Swimzcz for the two Dewalt cordless drills. After receiving the money from Cl PAl On the 16 . ' advised CI PAl thai 1 would contact on 11 later date to continue with this operation. After conducting this investigation and tween CI PAl and Swieozcz, robBble cause exist for Swierszcz for the charge of dealing in stolen propertyF.S.S 812,019((), and 'reeting in dealing in stolen property for directing CI PAl to get him an electric welder F.S.S. 812.019(2). I will be filling for a warrant with the State Attorney's Office. It should be noted that the U.S. currency and the audio and video CD was placed into evidence in ref to this incident- Due to the fact that Swierszcz is utilizing his business Atlantic Lodge (2607 S. FeEieral Hwy) as an instnunentality m , the felonious crime of directing in dealing in stolen property and dealing in stolen property, the business (2607 S. Federal Hwy) (Atlantic I Lodge) is subject to forfeiture according to F.S.S. 932.701(2), ~--~i -".".---1 --i SWORN HCJ SU8SCRllEO BEFORE ME SlONA 11JAE Of' ARRESTING IINIIESTlGo'TtlG OFFICER NOTARY PUl!LJC I Cl!Rl< CJF COURT I POlCE OFFICER 04-23-09 Dl'TE P. Antico NAME OF QA'ICBl (PUAtiE PRINT) 04-23-09 D#.'Tt; OISTR18UTJON; ONE FOR COURT ONE FOR STATE ATTORNEY TW:l FOR AGENCY OElTS IVNlor I PROBABLE CAUSE AFFIDAvn ,. AlTUl J Request lot Wamlnt Gl ~r; 2-N.TA.. <4. Roqunst "'" Capias ~ 0A11*Jmb<I' I ~NoIM I ~....,Roport...... FLO 5 0 0 3 0 o IlOTwroN BEACH E'OL:tC& Oil PAIl TMBN'l' J 4 I~j 09 1-119222 LI I. c.... 'lIIO' ~ 1, Felon)l B 3, MlH_ B 5, Ord In8"'" I~-: c-oo_ :Z. Traffic: Pelony ~. rrall\CMIedo<Menor 6, Other ........ N_~F.....~1 All,.. I\V s.. T 0-"'_ Swierszcz, Ryszard M 01-24-46 CIlarvo~ ctwge o.cripIicn Dealing. in stolen Property f.S.S. 812.019(1) Directing Dealing in Stolen ProDCrtY F.S.S.812.019(2) Cllergo 000cripIiat CI\8IgI 000::npU0n Vielm. Nemo (LUl, F'nt, ~) I Rei s.. 1 DlIleolbirlll State I f l.DcaI........ (SlnIel. A;A. "limber) (CIty1 CS-l (%i1>) - __ SOl.tte f 1 -I ~A<ldrus IN-. SCreeo fC~) (S-I (Zip) Phone Ocmpotion 1 -I Ttt.ldHnl= ~.,d _" lhaI /III",. ,..pet end __Ie gn>und51O bolioolo. endllo.. boI_ "Mille _ _ Clefendant ccmoritIod !he fc>IlowIng vfoIol/Cn 01_ The Penon nto...-ly , , o committed tnB below ac:ts in my pnIMl\C*, o was observed by who told o .....reseeo 10 lhlII_he,.., the _ p.rson <"'I'1V\'1lI !he _ acts. .c1mil~ng \0 the below "1;\. 19j _. found 10 M"" commlttad tn. belaw _. ,..ulling from """ (c1ncribe<lJ ilw_~aliDn. Onllle 17 clay of April 10 09 ot 4:30 o -.181 ,.M. (Spec:lIlcally Inc:IucIe _ consdtullng cau.. fClr _"I) On 04-17-09 at approx 1630 hrs I met with CI PAl in ref to an ongoing operation of dealing in stolen property. Based on infonnation CI PAl received, which was video and audio recorded during the first meeting and sale with the suspect W 1M Swierszcz. Ryszard DOB 01-24-46 ref case number 09-019079. it was determined through that incident (09-019079), that Swierszcz WUlted CI PAl to get him a cell phone car charger, which during the conversation was implied by Swier5zcz; that he wanted Cl PAl to steal it, and . wanted him to go to Walmart at that time and get it.. CI PAl advised SwiClSzcz that the section of the store.,.,as closed, but would go tomorrow and remove the charger from department of the store and hide it, 50 when be goes back at Digbt he could walk right out of the store with it.. Swierszcz gave CI PAl the ceU phone information, ~ CI PAl could get him the cell pIlone car charier. Upon meeting with CI PAl on 04-16-09 at approx 1630 between him and Swicrszcz. CI PAl was ginn the cell phone ar charger which] purchased at Walmart utilizing IF funds. - - . Ole Harvey and Ofe Brown set up surveillance urilizin& an unmarked vehicle across the stteet from the Atlantic lodge (2607 S. Federal Hwy). Once ore Harvey and Ofc Brown advised that they were in place CI PAl began to travel to the Atlantic Lodge to meet with Swierszcz. Upon CI P All1'riving to the Atlantic Lodge, he was able to meet with Swierszcz inside the office of the Motel and as soon as he went inside he brought the cen phone car charger inside the office with him. While inside the office CI PAl handed the cbargerto Swi.enzcz, and when he handed the charger,to Swierszcz, er PAl advised SwiClSZCZ that he almost got amsted for shoplifting the charger at Walmart. As CI PAl was explainiDi to Swim.tCz that he docs not like to shoplift because it is to risky, eI PAl advillcd SwiCISZcz that ifhe wanta anything from Home Depot, he could get it because there is no risk for him due to the fact that his friend who works there is taking all the risk. CI PAl advised Swierszcz again how his friend gets the property as he did early ref case number 09-19079), that his friend who work in receiving crosses the items I1e takes for himself off the manifest. As er PAl was ellplaining how he gets the property from Home Depot. Swierszcz stated that he would make CI PAl a list of things he wanted him to get from Home DeOOt, md Jave CI PAl some specific iiems such as tWo 'S199.00liWri mowers, 14 valt &'i11"o.ttei'ies, aocHwo Stih1 dlainsaW's'. - &wORN foND IUB6CReEO BeFORE ME /~ /" 7 ~..~~~ , ' SIGNA~ I\RflI!STIIIG I~TING OFFICI!R ~c , C~~OfFICER.-./ P. Antico 04-25-09 NAMI:. Of' ~"''''--.:K (~ 1I'IUNl) OA.TE 04-25-09 "AGe Do\~ ...L0'2. DlSTRllUTlON: ONE fOR COURT ONe FOR STATE ...rrORtlEY TWO FOR AGeNCY 08TS~ PROBABLE CAUSE AFFIDAVn , I.,n-:ef,; 2 Nt.f, DItPAR'ntENT o 5, Ordirnll'lCO o 5, om., -jl9222 I,L., All... ----- .T~ 0.8 oIe~_24-46 Chargo~, irecting Dealing in Stolen Property F,SS812.019(2) Clllrgo Ooscrit:'<ior. ( Ily) ISl3lt} (ziO) I'hotw Dele or birlh 19udnlns.Adclroo6 IN-, Sne, I I (' ) (StIle) (Zip) Plw:>n. I -I Oa:upoolion Thoundor1oignodcortilies8nd _'" 1hal. """"'.~fll arlll re_ grounds to bellevo, ooddoeo llloIItIwlhtll tile _ nel1'l&<l De!endonl C<JnII1\I1led l/1efolowtr>g ~ 0I1Iow Tho p"""", faUn Into C>JIIo(!y , . o commlnecl the - .ell In my praMnco>, 0 waa Obeerved bI' who told o conIeeeeo to that 'hBI"h8 IIaN In. __ f"!'l'1'O<l comm~ "'"' belOW 8dS admitting 10 the beJow focts ~ WAil found to have comfTIlu-d ttle bQlo..u "ClI, r.eultlng from my (d.,crinaa) InvtRtigstion On Ill_ 17 day of April ~o 09 01 4:30 0 4..... 1& P.... (Speelflcaly inc:lcJcle facti cooalItuong __ for aITUll After Swierszcz stated that he would make CI PAl a list of items he wanted him to get ttom Home Depot, Swierszcz asked CI PAl how much he wanted for the charger. and CI PAl told him $1 O.OO.Swierszcz then stated he wanted to give CI PAl $5.00 dollars for the charger, but when he did CI PAl advised that he wanted $10.00 because he almost got arrested for shoplifting_ Swierszcz then agreed to the price end handed CI PAl a $10.00 dollar bill in U.S. currency in exchange for the cell hone car charger which was presented to Swierszcz as stolen property After the money was handed to CI PAl. CI PAl left the area and met with me at a predetmnined location. Upon CI PAl arriving to the predetermined location, CI PAl handed me the $10.00 in U.S, currency tbat he received from Swierszcz for the cell phone ear charger. After receiving the money from CI PAl I advised Cl PAl that 1 woUld contact on a later date to continue with this operation. After-conducting this investigation and~ ... . . . .~ between CI PAl and Swierszcz, probable cause exist for Swierszcz for the charge of dealing in stolen property F.S.S 812.0 19( I), and directing in dealing in stolen property for directing CI P A I to get him the cell phone charger and for directing CI PAl to aet i11ist of items from Home Depot. F.S.S. 812.019(2). I will be filling for a warrant with the State Attorney's Office, It should be noted that the U.S. currency and the audio and video CD wa..~ placed into evidence in ref to this incident , , Due to the fact that Swierszcz is utilizing his business Atlantic Lodge (2607 S. Federal Hwy) as an instIUmentality in I the felonious crime of directing in dealing in stolen property and dealing in stolen property, the business (2607 S. Federal Hwy) (Atlantic Lodge) is subject to forfeiture according to F.S.S. 932.701(2). --j ---.--.-----.,......-.-----\ I I II I I U NOlL-~~\,~a:FIC!R '\ ~'t:l:I!=5.09 OATE I Nll$TIG-.TING OI"FICER S\o'.ORN ANO SlAlSCN!lED IlEFClRl: Me OlSTIll8UT1ON OIIE F~ COURT p, Antico ; OF OFFICtiR (PL&t\S= PRINT) _ 04-2S-09 Ot.TE ON!: FOR STA~ A~ev TWO FOf' AG~Y [I PAGE : 2..a: 2 j ( ~I (Stolt' 1. M'oo1 2, N.T A. 06TS ~ PROBABLE CAUSE AFFIDAVIT ~N.... :3 0 0 BOYN'l'ON IUlACH POLIO OICI'AR'DoSNT o 3, MIldemUnor 8 S, Onllnan<:e o 4, T..mc~ lJ, Oth... o. ~!litl 01.2446 ertyF.S.S.812.019(1) Dala 01 birUI I ty) (S_) (Zip) PIJeno 1 -I "'- I -/ (zip) Thound...vnod ~.,d _lIIatN!W/IlIS,wt ..c1IB8011_ gIOUI'doto......... rd 0.- ",...1118111\0 ebcwo nlmlld o.r.ndant o:anmitIodlMfobNi'Ig \IlolItiCIII 0' laW. ",....-...n1llUn Ir* llllIlody., o ocmmltted ltle below _ .n my p...-..oo, 0 _. obMcvecI by who lold o OOl'lfMMO to that heIshe __... emoated peraon commit the 1:leIOW.as. ItcIrIIltling to tho ~_ ..ct.. 181-& Iound to "'1IfI committed 11'I& below acta. resultlnQ from my (dellCribod) Inwstiglltion. day 01 April :to 09 ot 8:30 0 A.M. 1m P.... (Specifically lnduOt _c:ona~"""Ior_~) On 04-23-09 at approx 2030 Ius CI PAl met with me at the Boynton Beach Police Dept in ref to an on going operation of dealing in stolen property. Based on the jnformation Cl PAl received during the first meeting and sale with the suspect WfM Swierszcz, Ryszard DOB 01-24-46 ref case number 09-019019, the second meeting ref case 1# 09-1910 I, and the third meeting ref case # .)9222 it was determined that WfM Swierszcz. Ryszard DOB 01-24-46 is dealing in stolen property and directing in dealing with tolen property. .Based on information gathered during case 09-19019 it was determined that Swierszcz wilt buy return store credit cards from Home Depot and pay 50 cents on the doltar for each card. which Swierszcz had knowledge that the cards were returned to Home Depot with stolen merchandise which was established in case 09-19079. On 04-22-09 at approx 1100 hrs Ofc Muhleisen, and myself met with C'.arrasquillo and other members of the crr team from Home Depot . We met with them at ollywood Fl. Upon meeting with Cmasquillo he took. me to the stock area were all the property is kept, and advised me that he would be able to give me any items that were labeled with crr, which were all items that were recovered in other investigations. Upon looking at the items I toolc two gas powered chainsaws which Swierszcz On ... 23 directed CI P A I to get him ref case number 19222. A property recei was done for the chainsaws and a copy was given to CllITcISqUillo, fter receiving the chaiDsaws we went and purchased. three different items &om the store floor, one which valued $82.62, $74.10, and $47.61. After urchasing the two items we went to the I\':lurn desk and returned the property for three store return credit cards, one valuing $82.62. one valuing $14.10, and one valuine $47.67 Carrasquillo advised me that he would be able to track the cards anytime that were used at a Home Depot and would be able to get video oftbe transaction. Upon meeting with CI PAl on 04.23-09 at approx 2030 in order to sell SWW:szcz the three Home Depot return store credit cards him and Swierszcz. CI PAl was siven tho three Home Depot return store credit cards. Ofe Harvey and Ofc Brown set up surveillance utilizing an unmarlced vehicle across the street from the Atlantic Lodge (2607 S. Federal Hwy). Once Ofc Harvey and orc Brown advised that they were in pliler:: CI PAl began to travel to the Atlantic Lodge to meet 05-01-09 CATE e?~~NG~ER P. Antico NAM~ Of Vl"'rL~ (PLeAaE P'faNT) 05-01-09 Dot.TE PAGE .l..a:2.. O1STRI8llTION: ONe 1'01'1 COU~ ONE FOR STATE ATTORN!V lWO FOf! AGENCY I oaTS N\.mbef I PRObABt.E l.,.AUSE AFFIDAV1i Atre~ j RItqueal ~ .....""'" I : i U,TA .. RloqoooI~~. AgoIorq ORI ~ I ~'-'" I AQonGy RopoIl- ,-- FLO 5 0 0 3 0 o aonrroN BEACH POLICE DEPARTMENT 34 I-I 09 1-120395 1 SoecIIl Noteo ~'u.._ C', . ..-...., CMol/O T_: ~ " Felony 8 3, ~~...no B 5. Ordinance C___tnIIl'\y o 2, '"ram" f'elooy 4. TraffIC Msdemeeno- 6, Olh.., ....,.." _ !LUl F"rot MiddIo\ ,_u I~ I~ ! ~~_.._'- -- A,S,,:,- Date of Bir1h Swic:rszcz, Ryszard . _______--.-1 w I OI-24-4! ".----.--.------ .._~.._._~-- Crwge~ Ct.-ge Deoaiplion lDealing in Stolen Property F,S.S. 812,OI9( Ii ----. Directing Dealing in Stolen Property F.SS, 812,019(2 i "---~ Chltl1l8 ~ Chorge DMcripIion VlClim'a Name (l." Fm, MiddIoi) Ij- I Ollie rI birth -_...~ -.- . ~,,--,- s.. State i I l<teal AddreaI (SlrMt, Ajol, Nurrlb<<:) (CIly' {Suite} (;zip" F>hor-e _..~ ..-.".....,-~,--.._--'" 1/ I -I Budr1l/sc AddtMs (NIIme. SlAIeg (City) (5_) 17~p) PMr. 0avp.0Ii0n , _I , 1 Tho und::=' oonitleo oncf 8\Wan """ hfIIshe/lB& JAt -..I _sonoble O_nd8 10 _, lIond doe. _ lhat !l1. above _ Defendllnt cornrni1tod lhelolloo.W1g violation of I- i Tho p...., Inlo cuatcdy , , o committed lhtt !>.Io.... 1ICl. in my pte__. o wa. observed by who lok! -_._.".._-----_....~-".- Dam'."" 10 ,hat helshe saw the &fT88\ed porwon oommk ,,,.. below ods &dmiltlnO to tM bel"'" lacts ~ W9G round tp have comrnftt6d "'-8 below acta. fe:&tJ'tting {rom m'i ((Ie&Ctibe~) InvesHgatiofl Onlho 23 day of April 20 09 .. 8:30 o A.M. 181 P.M. (Speclllcally Include "'eta conolltu~ng _10< __.) ! Upon anivaI to the Atlantic Uxlge (2607 S. Federal Hwy) CI PAl met with Swierszcz in front of the Motel office, and based on the previous encounters ref case numbers 089-19079, 09-19101, AIld 09-19222 Cl PAl handed Swierszcz the three Home , Depot return store credit cards. AJ soon as CI PAl handed Swierszcz the cards, Swierszcz asked for the receipts. CI PAl advised I r Swierszcz that he did not have tbe receipts at this time because he left them in his other car, but ifhe really wanted them he could go and get them. Swierszcz stated that since CI PAl did not have the receipts, Swierszcz would hllve to go to Home Depot to verify the ! .-.----1 amount of money on eacb card. CI PAl advised Swiers2C2 that the value on the back of the cards were good, but if he wanted to go to Home Depot to check, CI PAl would come back later on to get paid, Swierszcz advised CI PAl that he did not think Home Depot was ! still open at this time of night and would have to go tomorrow. CI PAl then stated to Swierszcz that he thinks Home Depot is open and advised Swierszcz to call Home Depot to get store hours. Swierszcz then asked CI PAl to call Home Depot and find out if they were still open. CI PAl did indeed call Home Depot and found out that they were still open and would be for another hour. I --"..._----, After finding out that Home Depot was still opcn, S wierszcz deoided to go to Home Depot now and asked CI PAl to I go with him. CI P Al agreed and entered Swierszcz's vehicle. Swicrszcz then began to drive to Home Depot. (note Swierszcz has M i expired driver's license ref case number 09-20393). Upon arriving to Home Depot Swierszcz and CI PAl immediately went to the return I counter and Swic:rszcz had the cashier scan the three return store credit caros to see how much money was on each card. Once the ! -_.- cashier scanned the cards, it was verified that all the amounts on the cards were good. , ' After Swic:rszez had the cards checked he began to walk around the store, and as he did, he began to show CI PAl -I certain items ofmerchandillC: that he wanted CIPAI to get for him Le.: two lawn mowers, two bllr~, a welder, and a &rinder all , 1 which were showed to CI PAl while inside Home Depot. -1 -~-~ After Swierszcz was done showing CI PAl the items he wanted him to get for him from Home Depot, they got into 1 , Swierszcz's vehicle and began to travel back to the Atlantic Lodge. Upon arriving to the Atlantic Lodge, Swierszcz handed CI PAl --'--1 $lOO.OO in exchange for the Home Depot return store credit cards, After Swierszcz handed CI PAl the Sloo,oo, which was half the totall amount for all three cards, CI P Ai advised Swierszcz that his friend from Home Depot also gave him twO chainsaws which he took from I the recieving dock at Home Depot and wanted him to sell. ---.--...--., __I ~..~ ! ~N ,1,/1I0 SU6SCRl&EO ilEiF<lRE ME /"--~/ SIGNA~ ::;RES'T1'lG ItNE!m;;;~Fl I ~ "um:1C I CLERK Of COI.m' P. Antico ------j 05-01-09 NAME OF OI'FCI!R CPU;ASE flRIN11 f'A.Ge ~ OATE OS..() 1-09 1 .~ ~0'2..1 DATE 01 STRlBUTION ~ FOR COURT ONE !'OR 8T"'~ "TrORl;EY TWO fOR MlENC~ :3 0 0 E1ZPAR'1'HIIIN'1' B $. On;lina.- 8, Oth..- 1_ 2.N,TA oeTS~ PROBABLE CAUSE AFFIDAVIT Oelll of 8rn 01-24-46 F.S.S.812.019(1) o-o/bIIr' Sea.., (zip) I ) (S-) (Zip) 1 -I ~ 1 -I 0a:up0IIDn Tho ,,__nod C*llIloIII1Il_ ... hIII/II: he, juC .nd _bIo Qrooncls "'-.e. II'Id does ~ve th8 tho .booo namocI DefMGWlI ..................1dIoWing ~*ion (If law, Th. P_fIMrl qg ..-.dy . . o ~rniIt.., 1l'I.l*clw - In my pro...""", 0 _ -..welby who tolcf o ~ 10 lhoot hWl5he _the MWllId ~ ~- DeIaw_, IIClmltling \0 lh. o.l<JoI '-O(s. ~ wall found II> ....... commlthlClll1e l*ow ects. ..""lItirlll from ..... (dea...lbodllnllU1ig.~an, On Itlo 23 day of April 20 09 at 8:30 0 A.... ~ ...... (Specific811y Incll.Ido f&U CClMllIulln; ""...Ior -q As soon a..q CI PAl advised Swierszcz that he had the two chainsaws, Swierszcz told him to bring them to him tonight. Cl PAl advised Swierszcz he would bring them as soon as he could and then left the Ilea, and met with me at a termined location. Upon CI PAl arriving to the prcdctennincd location, CIPAI handed me the $100.00 in U.S. currency that he received from Swierszcz for the three return store credit cards. -------- ----------------- - --- I advised CI PAl that I would contact on a latCl' date to continue with this operation. After conducting this investigation and o~ ~ between CI PAled SwieI1iZcz, probable cause exist for Swierszcz for the charge of dealing in stolen property F.s.S 812.019(1), and directing in dealing in srolen property for directing cr PAl while inside Home Depot 10 get him specific pieces of merchandise from the store. F.S.S. 812.019(2). [will be filling for a warrant with the State Attorney's Office for these charges. It should be noted tbat the U.S. currency and the audio and video CD was placed into.evideooe in ref to this incident Due to the fact that Swicrazcz is utilizing his business Atlantic Lodge (2607 S. Federal H ) IS an instrumentality in felonious crime of directing in deal" in stolen property and dealine in stolen property, the business (2607 S. Federal Hwy) (Atlantic Lodge) is subject to forfeiture according to F.S.S. 932.701(2), ed due to the met that Swier8zcz used his vehicle (2002 Silver Ford FL tag 1483YS as an instrnmcntality in the felonious crime in directing in dealing in stolen property to take CI PAl to Home Depot where he verified the amount on the ~ and directed CI P Ai by showing eI PAl aeveml pieces of merchandise that he wanted CI PAl to get for him. SW)RN Il.ND USCRl8!O BEFORE ME ~ K OF COIAUIPQJCE OFFICeR - P. Antico NtlWI:: OF ~I-L-..::t'C (li'L..I:IQII: PRINT) 05-01-09 ~Tl: OS-O 1-09 I>>.TI PAGE 3 a: 3 0I5TMlllTlON: ONEFORCOURT ONEFOfISTATEAnOANEY lWOFORI\GENCY , lOOTS Numbe PROBABLE CAUSE AF"I!J'-" ! Arrest 2 N,TA ;"""",", ~ om Number IFLO 5 0 0 3 0 0 co... T..., 1811 Felony ~::"",ny 0 2 Traffic Felon)' Name Cl.Ilst, Fir'ol Middte<l Swierszcz, Ryszard Cllorgo~ Dealing in Stolen Prooerty F.S.S. 812,019(1) CNirlIe Desaipticn ~Nomo BOYNTON BIlACH POLICE B 3__nor 04 7ralllc ~11Q( DEPAR'l'H!:N'r o 5. Ordtnano: 06, Dthe N 111.__~-, .... _______~ o.10ol~T_24-46 I Chllrge~, iDirecting dealing in stolen proerty F.S.S, 812.019(2) t CI1S1'" De.cnol;"" Victim's"'" (Lao~ FRI. _> 11q7 I DelO oIlw1h ~~-_..-", $ox State 1 i LoceI....d<hsa (Street. ~ ~ (~) (Slal.\ (,;p) !'honor __ S<luroo I -j II ___IN.",.. Shog (Cily) (Stal1l) (Zip) Phon. ~ - ---l 1 -I Ii i:: ~ ~= ~rl"'" IIMIle /ta$ p.t rid _.ble grounds Ie _, .nd dOM ~ Ulalllle _ named OefenCllln1 eommlIta<d th./oIowing uloIlIlon of law o eommltte<l the below acts 10 my preHn"'" 0 waS otI_rve<l b)' who loId o ~ to _ It1I11 hefshe .-.11>"......- penon c::anwnit Ihe ""low ~'----_... admitting 10 the below rac:tl!. 181 wu rovnd to hoI.... commltted the below acts ",..u~ing from my (deocrtbod) ",yeatigotion aay 01 April 20 09 ot 10:00 0 A.... ~ P,JI, (SpecificaUy include '-- oonstituting .......Ior _I.) On 04-23-09 at approx: 2200 hrs CI PAl met with me at a predetermined location in ref to an on going operation 0 f ~~'.~ .. dealing in stolen property. Based on the infonnation CI PAl received during the previous meeting tonight with the Sl.lSpeCt W IM__,__- Swierszcz, Ryszard DOB 01-24-46 ref case number 09-020395, it was determined through that incident (09-020395), that CI PAl would ! on the 23 bring two gas powered chainsaws, which Swierszcz believed were to be stolen due to the conversation that him and CI PAl had early [[oday ref (09-020395), Upon meeting with CI P ~ - I PAl was given the two gas powered chainsaws. Ofe Harvey and Ofe Brown set up surveillance utilizing an unmarked vehicle across the street from the Atlantic Lodge (2607 S. Federal Hwy). Once orc Harvey and Ofc Brown advised that they were in place Cl PAl began to travel to the Atlantic Lodge to meet with Swiemcz. -Upon CI PAl arriving to the Atlantic Lodge, he was able to meet with Swierszcz outside the office of the Motel and as soon liS he met with Swierszcz, CI PAl attempted to hand one chainsaw to Swierszcz out in the open and Swierszcz told CI PAl to be more careful and to put them away for now. After SwiCISZCZ looked around the area, he badCIPAl run in to the first room (room 122) 'ust west of the main office with one chainsaw. After dropping off the first chainsaw, CI PAl returned to his vehicle, retrieved the second chainsaw and ran back into the first room (122) again all at the request of Swierszcz. While inside he room SwiCISZCZ asked CI ' I PAl bow much money were the chainsaws and CI PAl replied bis friend wrote the retail price for each chainsaw on the box. On th~ firstl Ibox which was the 400 CS chainsaw the price wu. $250,0{) and on the ~ond box which was the 440 CS chainsaw the price was $320.00. After Swicrszcz looked at the price for each chainsaw, he told CI PAl that he would give $150.00 in exchange for ___ _ both chainsaws- CrPAI agreed to the price and Swierszcz handed CI PAl $150.00 in exchange for the two chainsaws. After the money I Iwp banded to CI PAl, both him and Swierszcz exited the room. It should be noted that Ofc Harvey and Brown could visually observe Swierszcz and Cl PAl entered the room 122 and exit the roOlIl from their surveillance point, S1MJRN A/>V SUIISCRIllCD BB'ORE ME SIGNA,1URI! CW.oJlllll!SnlG I Mll!l!n'IGo<< 1'W<lG OFFICER NOTARY F'\A!lC I CtBlI< OF COURT I POUCE OFFICER OS-09-09 DATE P. Antico NNJlt: OF UP'f"'~ (Pl..EA.St:. PRINT) 05-09-09 t>>.n \' O~Gf' 1 ....!.-C1'2. OI$'ffiJIlUTlOlt O~ FOR COURT ONE FOR ST...n; ATTORNEY TWO FOR AGENCY OOTS~ PROBABLE CAuse AFFIDAVIT 1,AmK1 2.N,T.A. 1qtrq~~- FLO 5 0 0 :3 0 0 ChooJO T"",. -..- Dl!\PAR"DGlNT B 5, Ordlnllnc& 6, Oth.. Abt 0.. oIlIHl Ol-2~6 Chrgo Clu:njItion irecting Dealing in Stolen Property F,S.S .812.019(2) ChIrgo Oeoaiplion F'hooe / -/ Phane / -I n. .......... artifios _ -...11IIII ho/$ho1lU jUIIt Illld _nobla ground. to boliewe. end ... beIiow fUIt tho obow II8nlOd o.r.nctonl OD1Il'nillod the ~ vlollllion oIlow, n. Pwson foken inIo oaIody . . Ocom_c1 ,he below _ In my preMnC8. 0 _.obH",,*, by who told o CXlI'lfeueo to !holt hMhe _the ...._ person =rnmit _ below _. edmillmg to ,he below lects, l8I_s found Ie> _ oommillotd _ bmaw .cU, resulling lrom my (deocrlbed) InwatSgalion. ~ (Srl't) (ap) Date 01 bOt> ( i1y) (SIN) !Zit) Oo:u...., Ontll. 23 ~y 01 April 20 09.. 10:00 0 A.... 181 P.M. (Specifically Ir>c:I\Ido tIl<:t5 c:car11l1M1"11_ for .....L) As CI PAl and Swierszcz exited the room Ofe Brown or Harvey did not see the chainsaws in Swierszcz's possession which indicated that he left them inside the room (122). As Swierszcz and CI PAl were outside the room and CI PAl was getting ready to leave, Swierszcz told him that be still needed a grinder and advised him again about the two lawn mower and a barbecue. CI PAl advised Swierszcz that he would work nit. CI PAl then asked Swierszcz for his phone number in order to call him when more merchandise comes in. Swierszcz advised CI Al that he does not trust the hone because sometimes the cops are listing. Swierszcz stated that you cant trwlt the phone and then ddenly stated you can't trust these prO/\titutes either, then referred to Laura who stays in room 106 (which llcnow from put dealing to '. . , W!F An~ewski, Laura DOB 08-25-56) who has been arrest has been arrested from members of the CRA unit for prostitution. ci Al then asked Swierszcz does Laum do that out of her room, and Swierszcz replied yes. Swierszcz then stated that if he needs to tact him to come to the Motel and you can find me. CI PAl left the area and met with me at a predetermined location. Upon CI PAl 'ving to the predetermined location, CI PAl banded me the ,$ 150.00 in U.s. currency that he received from Swierszcz forthe two gas weeed cbainsaws. After receiving the money from CI PAl onrinue with this operation. After conducting this investigati I PAl and Swierszcz, probable cause ex:ist fo~ Swierazcz for the charge ofdea1ing in stolen property F.S.S 812.4h9(1), and directing in in stolen property for directin~ CI PAl to get him a grinder. F.S.S. 812.019(2). I will be fining for a warrant with the State ttomeys Office. - ~- I - - - ----- Due to the fact that Swierszoz is utilizin his business Atlantic Lodge (2607 S. Federal H ) IS an instrumentality in erty and dealing in stolen property, the business (2607 S. Federal Hwy, (Atlantic e) is lIUb'eot to forfeiture according to F.S.S. 932.701(2). sv.oAN f>JoIO lIIIJ88CR11l!O BeFORE M! SlQN,A.l\JFtE OF AI'lAESTJoIG/lNIIESTlGt.nNG ~ NOTAA'( 1"U!lLIC I ~K OF COURT I Pa.lCE OFFICER OS-09-09 ~TE P. Antico HAlE: OF UI"?'~ ~ PftNT) 05-09-09 ~'r! PI'GI! 2..CF2.. DISTRIBUTION: ONE FOR COURT ONE FOR STAn: ATTORNEY 1WO FOR AGENCY OBiS ~ PROBA8LE CAUSE AFFIDAVil NrMl 2. NTA :; ti.eql.lCSl. TO. ."arT/!.' 4 Ro<lUQSl f<y C""",,' (CIty} ,Stolt) ('"pI PI10Ilt / -I (SIaleI (Zip) PI10Ilt I -I ---LJ_ .L.] I />oOf>o/- 3 0 O' BOYN'rON B&ACH POLICE 1m 1. Felony 03. III_or 02, Tramc Felon) 0 4 T_ _""",.nor DEi'AR"rHENT 8 $, Orclin....,. , 6, Other All... I Qej" aI B.1h 01-24-46 .a,"",,""..___~ F.S.S.812.019(l} Vicllm'a_ (IMI. FitIt. MIclclIe) State Local Addrwss (SlIM\, Apt. ~'I I , Da'e 01 blrtl1 -- 8udrmu~alN_ sn.g (City) -,~ Tho ~........ _IS flat _ has)>llt _ reeootl8l>le grounds 10 beiloYe. and _ _1tl8l1Nl_ nomod 00ltIndan1 ccmmiltotd "'" IoIl~O ~ of law The Poo'OIlll fIIcon Inloo ~ . , o commlfl8d thtt belOW act. in my pre"""", 0 _0 o~ by who lold o conhtuoo 10 IhIIl hoI/8hf;I......lhIl Ilrreated po_ CC>n'IMltthe b&low ad:I, admitting to 1NI bolow focur (81- found to ha..... commit1ed 11\.. below octs reoultinQ from my (desc:robotd) in"""'iO'llkm 00 1M 30 Wiy ot April 20 09 III 6:30 0 A.M. fgI P.M. (SpecifICllIly lndudo t-=u. c:onMtull"ll cause tor...-est) On 04-30-Q9 at approx 1830 1m; CI PAl met with me at the Boynton Beach Police Dept in ref to an on going operation of dealing in stolen property. Based on the infonnaticrn CI PAl received during the ticst meeting and sale with the suspect WIM i Swie1'Szcz, Ryszard DOB 01-24-46 ref case number 09.019079, the second meeting ref case # 09-19101, and the third meeting ref Calle # I I 09-19222, the fourth meeting (09-020395) and the fifth meeting (09-020411) it was determined that W 1M Swierszcz, Ryszard DOB ' 01-24-46 is dealing in stolen property and directing in dealing with stolen property, Based on information gathered during case 09-19079 it was determined that Swierszcz will buy return store credit cards from Home Depot and pay 50 cents on the dollar for each card, which Swierszcz had knowledge that the cards were returned to Home Depot with stolen merchandise which was established in case 09-19079. On 04-29-09 at approx 1100 hrs ore Muhleisen, and myself met with Ca:rraaquillo and other members of the err team from Home Depot. We met with them at ollywood Fl. Upon meeting with Carrasquillo he took me to the . stock area were all the property is kept, and advised me that he would be able to give me any items that were labeled with err, which - were all items that were recovered in other investigations. Upon looking at the items 1 took one Poter Cable Coil Nailer and one Dewalt Reciprocating Sawkit. A property receipt was done for the property and a copy was given to Carrasquillo. AftC'Z receiving the property I we went and purchased three different items from the store floor, one which valued $90.00, $52.97, and S51.84. After purchasing the I three items we went to the return desk and returned the p for three store return credit cards, one valuing S90.00, one valuing i --I $52.97, and one valuing $51.84 Canasquillo advised me that he would be able to track the canis anytime that were used at a Home .1 , Depot and would be able to get video of the transaction. I I Upon mee . with CI PAl on 04-30-09 at approx 1830 in order to sell Swierszcz the three Home Depot return store redit cards ........-......--- --- CI PAl was given the three Home Depot return atore credit elll."ds. OCc Harvey and ote Brown set up surveiUance utilizing an unmarked vehicle across the street from the Atlantic Lodge (2607 S. Federal Hwy). Once Ofc Harvey and ore Brown advised that they were in place CI PAl belan to travel to the Atllllltic Lodse to meet with Swierszcz. -\ sw;)RN NolO SlJIlSCRIlEO BEFClflE ME ~T~4.- ~ 05-13-09 P. Antico NAME OF OFF~ (f'I.EI\a: f'R\l'fT) ~AGE DATE 05-13-09 MTE .1....01'2- DlSTRllllT\Olt ONE FOR COURT ONE FOIlIT"TE ATTORNEY T'M) Foo.AGENCY .. OB'TS1Unbw PROBABLE CAUSE AFFIDAVIT t Alrell 2.N.TA B3,~ 4,TI1IIIic~ DBPAR'ftotaN'l' B 5, Ordintl..- 6,ou.r rty F.S.S. 812.019(1) ChotgB DoocrtpIIan Dircc . Dealing in Stolen Property F.S.S.812.0I9(2 QIqe~ (zi~) PtIcn I ./ lZi;I ~ I -I n......-.anMc;MIlMlM _1Ml_"~}J.- ~ II"ounda "'-. ond_ __tho _......, ~ ccrnl10lltld IIlo faIowina wIoIIItlon of 1M. n.....,..,...... ..... ~ . . OcommltlM th t.1_e<* in my ~nca- 0 _I- ~ bV who tOld o c:onIe.....1o IhM NIlIne _"* .1N8lIKI ~ ccrrmll the lIIIIow Eta, Hrnlttlna to thII ~ IIIclIo, 181-10 found 10 hawt eomm/ttecl the l*ow..., ,._ng rlOrl1 my {~l in_lgalion. ( ) (S-I o.te of biIII\ ( ~ On Iha 30 day of April 20 09 It 6:30 0 ....... 181 'oM. (Specftlcal)llnclude faera llClMtitutlng ca... for anut) Upon arrival to the Atlantic Lodge (2607 S. Federal Hwy)CI PAl met withSwien;zcz in front oCme shed which is ocated on the southwest side of the property to the Atlantic Lodge, and based on the previous encounters ref case numbers 09-19079, 9-19101,09-19222.09-020395, and 09-020411. CI PAl handedSwiet'SZCZ d1e three Horne Depot recurn store credit cards and the 'pts. AfterCIPAI handed Swierszcz the cards, Swicrszcz asked CI PAl how much money was on each card. CI PAl advised Swicrszcz that the amount for each card was written on the back. Swierszcz then asked CI PAl how much money he wanted in exchange fOf the three cards. CI PAl advised Swierszcz the be would give him the canis for $120.00 because his friend who is getting the cuds from Home Depot is taking all the risk and wants a bigger cut. Swierszcz then replied everyone taking risk and implied that he was not going to give CI PAl $120.00 for the cards. CI PAl then stated to Swierszcz give me $100.00 aDd fll take a smaller cut. Swicrszcz then advised he would give CI PAl $90,00 fOT tliethree cards becatA the total value of tile three ards was under $200.00. CIPAI finally agreed and Swierszcz banded CI PAl $90.00 in exchange for the three Home Depot store return credit cards. . After CI PAl received the $90.00 from Swicrszcz in exchange for the I:IlRle cards, CI PAl advised Swicrszcz that be has a friend who is looking for a place to smoke and party and asked Swierszcz would it be olea to rent a room for that and asked how uch it would be to rent a room for a coo Ie of hours. Swimz.cz did not answer. then CI PAl uked SwiCl'SZCZ how much it would be to rent a room from him 10 him md his friend could get high. Swierszcz thalstated to CI PAl that it would not be a problem and advised it would be $40.00 for fOUT bours. During the conversation Swierszcz advised CI PAl that he needs smaller sized cbainsaws ccause the ones be bought from him ref case (09-020411) weie to big and he could not sell them. Swierszcz also stated that be ~ed I PAl to &Ct him mother drilL After Swierszcz advised CI PAl that he needed another drill, CI P Allot in his vehi,cle and left the area and met with eat. pre'(ietennined location. Upon CI PAl mivin to the ,redetennined loeatiOR, CI PAl handed me the $90.00 in U.S. currency that received from Swierszcz for the three store return cards. that I would contact on a later date to continue with this operation. SWQllI\I1H) SU8SCAeEO IEI'Ollli! ME ~~~ou:e~ 0513-09 - Dl\,TE ~ P. Antico I'WIlE OF CFFICliR r'\oCASE PRN J) 0$-13-09 [>>,TE "AGE .1...0'..L DIS'l'R1IlU11ON: OlE fOR COURT ONE FOR STATE ....TTOI'IHEY TWO F~ AGeNCY PRO!:lABL.E C,t>,USE AFRDAVn i A.TTest 2,N.TA ...... J: __.,. ...~ OOTS~ ~ORI~ FLO 5 0 0 3 0 0 1qrq IWt1e BOYN'I'ON BEACH POLICE:. OI:i'AR.~'r B 3, Miademeanc 4. T...mc a.1ls<lom_-.o. B 5 Ordinance Ei Other = ~Y.:.r 1811, Felony ..~ 0 2., Tr.mc: Felony "'.".ILMt, Fht MIcldIel Swierszcz, Ryszard CIwQo~ Dealin in Stolen Pro Grla'go DMcriptIctl o.~. c1Bitt; 01-24-4, F.S.S, 812.019(1 ~~ Directi dealing in stolen c~~ _L VIdim'. Nome llMt. Fin!. UidcIe) State Local AIlchSS cs-. ~, Io4umborl (City (Slatc:~ (rip) Phone / -i (lip) Phone / -/ Dille of birl, Budntrso .o.dcIreos IN...... Slleeg ( ~y' (S_) 0c.aJp0II0n Thl ~ ..__ .-.11\III_ ~B}6I. end .....,nable QrOUt1ds lO _. and doll6 _Ihel the above n8rMd ~ COIM'lillOd lhofolDwtACI Yioflticn 01 "'" The P_.ken InlO CUIkl<ly . . o commiUod the below octa in my 1'f8IOl\C*, 0 WBS obeervod by who told o conIeNOO lO tnat heflohO --' _ _toc:I peI'OOr'I commit the below .;~-_._--_.__._._._. odmllting to the below facts 18I WIllI found 10 he..... committed the _ acta, reoulring from mv Ideacrib<od) in_lIgotlon On .,. 30 6:30 o ....... liSIl".M. (Specl1lcaUy Include r_ conoIItuting...... for orroot.) ~ 01 A '1 ::Ill 09 . After conductin~ this investigation between CI PAl and Swierszcz, probable cause exist for Swierszcz rOT the charges of dealing in lltolen property F .S.S 812.0 19( 1), and I directing in dealing in stolen property for directing CI PA] to get him another drill. F.S.S. 812.0] 9(2). I will be filling for a warrant with the State Attorney's Office. [t should be noted that the video for this incident did not wod<, however the U.S. currency and the audio CD was placedl into evidence in ref to this incident. It should be noted that when CI PAl handed Swierszcz the three store return cards, his wife W IF . --_._---~ -- azurek, Hozena DOH 01-20-59 was present rOT some of the conversation. Due to the fact that Swierszcz is utilizing his business Atlantic Lodge (2607 S. Federal Hwy) as an instnnnentality in e felonious crime of directing in dealing in stolen property and dealing in stolen property, the business (2~7 S. Federal Hwy) (Atlantic I Lodge) is subject to forfeiture according to F.S.S. 932.701(2). --i ,... ,....,. .....--1 --~--._-,. . --..------.-----~ .-~-...1 , , '-~----1 !i\YORN A/oC &l.IIlSCRlElED fl!!FORE ME ~~-- , I 01(:000" I~ OFFICER 05.13-09 OI'.TE P. Antico _0' UH-U:tt~ ~~ 05-13-09 tlIIl! LJ I /~GE 3 -~- D1STRlBVTlON- ONE FOR COURT ONE FOR STATE ATTORNEY Tv.Q FOR AGEIolCY VIII. INFORMATION ONLY: C. Boynton Beach CRA and Trolley Website Updates , \'\ i." . .. '\ ' .0<'. -:'9~\~", ;:::'~~qY~T2l~CRA ill: East Side-Vv'est S",de-Seaside Renaissance eRA BOARD MEETING OF~ June 9, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X ! Other 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: Mav 2 -June 1 Agency: 1,639 Trolley: 382 Aorill - 30 (previous month) Agency: 1,554 Trolley: 417 FISCAL IMP ACT: Cost budgeted in 2008/2009 from Project Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only 1h Margee Wash Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Monthly Website Stats May.doc " "11UU ", i ~ I L: .. f"lr.1!\'"i fCf. ~~enlr!q_ Dashlloarc.. Savee Report, Visitors Traffic Sources Content Goals Custom Reporting Beta Settings Advanced Segments Beta Email Help Resources Aboullhis Report Conversion University Common Questions " nalvtli.'- adelsperperm(G::;' ,.' V'" (:1 onE' View Reports: www,boyntonueauK:<" BO'(~1ON Export eTll? Dashboard Visits (,.' If.' ,I.. \ / \ ",""... / \ (f ..' I \ /f' "c[.. 1"- .It.. (I'" (<"'-< ""f..~(1 Illy 4, lOO'J MJ)'111~J9 r'---- ~ -'-'~----""'-""" Site Usage /~\.('f'h,r'\/ 1,639 Visits /\(\'\,..,.1'",1 3,634 Pageviews l"'__J'-..-..-" 2.22 PagesIVisit ., , , 1 U~ I :'-,E-:n!tjr:;~ Y' 1-\1,,'; il Help i SI'.' , I;e.'.i\'\le, J.;ccount~;, Boynton Beach cr, fS::~t\( 4~{ (' R A Visitors Overview r--~-------"-'-,-' II IVlap Overlay _.._J i, ... '_._.. Il', ji "'-"C'\ / \.. " \ '- /-... \ \J( "I 1,088 Visitors \l \ " ',el~ I' hl,'.Hj :"('CI'118111- All Visits May 2, 2009 - Jun 1, 2009 Graph by: \ I ',., r' ,( f' {.' (: Ii,. i. ~. \r ( "f \ i~ :1 M~y 1!1MS May15200S ^-"'...,,-..-,;.,-.-'"",....-.. ._.~,._-~...~"----- ........--- -~, -='-~~... ~~"'''- ,t., ,...,--'''-''+ 58.450/0 Bounce Rate '" J'~. I', 00:01 :42 Avg. Time on Site \-/\-'~J"--' 59.670/0 % New Visits " It Dashboard - Google Analytics Page 1 of2 adelspergerm@cLboynton-beach.fl.us I Settings I My Account I Help I Sign Ou: Analytics Settings View Reports: www.boyntonbeachtrolley.com My Analytics Accounts: Boynton Beach Troll* eRA TRUl-L~Y Dashboard Saved Reports Export Email Beta Advanced Segments: All Visits Visitors Traffic Sources Content Goals Dashboard May 2,2009 - Jun 1,2009 Visits Graph by: Custom Reporting Beta 10 /.....,.\ .,""",,/',,/'\ I....... /tlO ',/ 't · " ,~ ,~ ,,-' N\J \~ " MlyUOIJ'J May 11.2009 lIay 11, 2m , May 25, 2009 I Site Usage Setti n gs Advanced Segments Beta ,(\.~ 382 Visits ~ 42.930/0 Bounce Rate Email ~ 977 Pageviews ~i.lv-... 2.56 PagesNisit ~/\f^... 00:02:13 Avg. Time on Site Help Resources About this Report ~ 75.650/0 % New Visits Conversion University Visitors Overview II Map Overlay Common Questions , - 318 Visitors https:/ /www.google.com/analytics/reporting/?scid=243 6191 6/2/2009 II I I VIII. INFORMATION ONLY: D. Complaint/Comment Log - Monthly Update CRA Complaint and Comment Log .',',,: '-,I " " . . ~ -:;;~;:,'.',' ';'.'~';"'~ ::,:::,~,:::'::',..;;",>~::'~l, '''tr." .< :1";:.";;: '~ .%:,," " . ~:~,. l~~<." 4/17/2009 Question as to when the CRA was going to develop the block between Timothy Mctigue NE 4th & 5th Avenue and to clean up T. Mctigue the neighborhood from hoodlums that Construction, have broken in his house and Inc. 130 NE 4th threatened him. He would like the Avenue, Boynton CRA to purchase his property so he Beach, FL 33435 (561)602-8729 can move. Website 4120/09 - Website request was forwarded to Sgt. Joseph DeGiulio. 4/21/09 a letter was written to Mr. Mctigue advising him that his crime issues were forwarded to Sgt. DeGiulio and that the CRA was in the process of demolition of 2 vacant homes on his block. 5/13/09 Vivian Brooks spoke to Sgt. Degiulio as follow up. 511 5/09 Sgt. DeGiulio received a call from Mr. Mctigue; added patrol was very helpful and he will call Sgt. DeGiulio directly if any more problems. As of 6/3/09 CRA Complaint and Comment Log Theresa Utterback advised him that the WI FI system never worked properly. it was too expensive to maintain and that it would not be recosidered at this time due to reduction in budget. Advised that he could attend our Asked why we don't have WI FI monthly meeting to anymore'? He thinks we should have voice his opinion on WI FI because he comes down from having the WI FI up North and it is too difficult tt) get to brought back, Gave the library to use his computer. Also him the phone # for Did not give asked for the telephone number of the the FAA & Spirit 5/7/2009 Phone call to eRA Thomas phone # FAA and Spirit Airlines. Airlines. "_"__~m;. Written request Re: Code Enforcement hotline: AIle, 5/19109 Lisa Bright regarding HOB easement: Micro Loan Program: responded by letter 5/12/2009 Issues Victor Nodus 561-601-0790 Community Involvement Action addressing each issue -_.~ Card given to eRA at HAP Thanking eRA for the HAP funding 5/1 R/2009 closing The Rigby Family the received, i , ~~,~.".._M'" .--".--.--.------ -----~~ . . -~" ---"~~~~....". _J From: Brooks, Vivian Sent: Wednesday, May 13, 20092:47 PM To: Taylor, Jerry; Hay, Woodrow; Ross, Marlene; Rodriguez, Jose; Weiland, Ronald Cc: DeGiulio, Joseph; Bright, Lisa; Utterback, Theresa Subject: Complaint Log/McTique Follow Up Flag: Follow up Flag Status: Completed In response to Board Member Weiland's question about the status of Mr. McTique's complaint listed in the CRA Complaint/Comment Log, I spoke to 8gt. DeGiulio today who informed me that he has visited Mr, McTique's home and attempted to call him. He has been unable to make contact with Mr. McTique however he will keep trying, Mr. McTique would not leave a phone number when he called in the complaint. 8gt. DeGiulio said that extra patrols have been added to the area (NE 4th Avenue) because of calls from the community, If anyone requires additional information, please feel free to call me. Vivian L. Brooks Assistant Director Boynton Beach CRA 915 8. Federal Highway Boynton Beach, FL 33435 561-737 -3256 brooksvi@bbfl.us "Energy cmd Per~;isf'€mce Alier All Things." Benjamin Franklin _.____"___R '----~~.-~--._"----.~"..---.-------~~-.."...______~~_e_________~_~___~_ '~___'__.__.___ . - ---- ~.~->-~~'-<---_.,........._.............""._.~._--- From: DeGiulio, Joseph Sent: Friday, May 15, 20093:52 PM To: Simon, Michael Subject: RE: McTigue I recei~ed a call from Mr. McTigue today, he stated that he has been working for the past two weeks and was unavailable, but stated that he has not seen or heard of much activity since his complaint He further stated that he and his neighbors have seen much more of a police presence in the past month and it has made a tremendous impac~. He was very appr~ciativ~ of the extra patrols and he stated that if he has any more problems he would call me directly. We will continue With our extra patrols. He is still under pre-trial house arrest, but is allowed to leave for work.. SGT. JOE ~....'~ DEGIULIO x , ':1 BOYNTON BEACH POLICE DEPARTMENT . "." eRA POLICE TEAM (56 1 ) 459-6203 (561) 742-6866 (FAX) deg iu Ii oj @ci.boynton-beach.fl. us ,~~Y~T2~' C lv-\ East Side-West Side- Seaside Renaissance May 19, 2UU~ [vir. Victor Norfus 261 N ortll Palm Drive Boynton Beach, FL 33435 Re: Concerning Issues for Action in HOB - 5/12/09 ~/ De~()rfuS: This letter is in response to your written notes (see attached): 1. Code Enforcement Hotline: The Board recommendeu using tlw eXlsting service provided by the City's Code l':nforcement Department The phone number is: (561)742-6120. 2. Easement of Alleyways: The City's Public \X1orks Department is working with Vivian Brooks of the eRA to come up \vith a suitable blockade to prevent vehicular traffic. Landscaping berms or rock formations are types of materials being discussed to achieve this goal. 3. Micro Loan Program: The Board was not in favor of acting as a "bank", Staff was directed to investigate the Community Loan Fund and all methods ot executing this program without eRA staff being the administering entity. Upon completion of the research, it will be brought back to the eRA Board for implementation. Programs for business owners/property owners: 1.) The eRA currently has a Commercial Facade Program for beautification of the exterior of business owners' properties. This is a reimbursable grant of up to $15,000 requiring Board approval prior to the renovation. The business owner must provide copies of photos of the completed work, paid receipts and any contractual arrangements satisfied in full to receive payment after eRA Board final approval. 2.) The CRA Residential Improvement Program, provides income yualified residents exterior home improvements for a one time reimbursement up to $20,000 per home. The eRA's program does NOT require a lien be placed on the property, The renovations to the home must be approved by the CRA Board prior to the actual construction 915 South Federal Highway Boynton Beach. Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 ,d;. t2-, /~~., ~.;::.'\' 1~~<1Y~Te~ICRA . East Side-West S'lde-Seaside Renaissance May 19,2009 Mr. Victor N orfus Page Two 4. Community Involvement Action: An outcome of the meeting held at Carolyn Sims Center on March 31 st has resulted in a large membership of interested parties providing input on matters important to the CRA District. The CRA Community Committee has requested montWy meetings be held to keep them informed. The next meeting is scheduled for Monday, June 8th at 6:00 p.m. at the Boynton Beach Women's Club to discuss the shortfall in CRA revenues for the upcoming budget year. Sincerely, ev- isa A. Bright Executive Director LB / tu Attachment ()/i ( " / _.~ . -I ./',/. }-/(jYr / r) IY i ( Sl1 ! II' / (.~/ ~//, / ..(;1 jL{, ( / ) , , i' ). C:od,Q (;A~(jtce)dA+ kullrA')- / 6,,/) C;C}V AG1t>_Q_ C'JZ/-i pr~c\ 1~-fL->e-[' r: )Lp;j/~Qd,!r) b.z. .( e.-/7--J- I-I) e-RA Ot nJ 1'10 I- Avv&. 5'-tp7lv/'t!J:.e )-(,I'"M^.~? -z~ Cotl-CkJ-/i/15 l[0-~'" rn0/1,j- 0 l- /:J /Jf( L) A) priJrP-t)d r.;)- Ch~YI-V'lZ -Jo ") Jo if' ({I /2; ('11 c) vp, fJ/l L) , 1) L' Vi d,~ ~-<)) ~ IllS O/) ~?/, j 0 (i j)) /) fA--- <1 Lf I/A Iv", .~ J lei II L.~_ :/ . I If (/-s5l/)/), /11 "'2-/iJ/ll) ])l(!r;~~/ J L/~fnF ,J:,'S ',~-l:I)/i) Orl J~d L/ /UC 3;) C~/?v /~ ,/l)!c u !.Jr; I }:;7~/-t\l'/) Ct/) J {)Jh/1d (C-?j" h-e jOJT'() l-Lll J- (/lh,/--eJ--rlj OWh-p/-j Ie il~A 15~/c; c~ ..-t7, . !>(//j;! /r,_.\>. 5( . Of-'J}HV S V, l~ //11//)1'- U /; I-/~ :!;, Ce Ir/f. i/v',QI{ l /l C-!/(h l%tA 01 :~, rcl~ hraJJ2! ,~y- o--l./-~ Ctehi- t}/'€{/-0 00iJ'/ (/& )/0- ~ /T) i~/e /I-/-c<J (, !? u /- //"~e/;z (;v)~l l-//:(;I- //) l!tI!S I (,Jw/ j /7(/) ?f.;(i-/it-A/' fl' Q- 5u 5':) cS'//UA I/tp Ie/rf:-fj)-J~d Q/reUJ},-Pr~) //-i (~j?;:; P r&C1, #/-Q. ed- ;-!u Il /lJfl LA 4 eY\ Jvtlf df~ (--dL~ TO ALL OF YOU ~(To know you is to know people who are kind, considerate, and thou8biful. To Rnow you is to be grateful for the special things you do." ! f ~, ! ! 1 \ :'; ~;:. I! \ :; {! : 'll, }:.. H -~ ,~1, ~ I;; ,,' I, I I ! - " ,j" '!', I .; I;,. '.. 1 ii, I~ {ife el0ie,07e ~li oJJjJfi?fJuh I/e J . jrl;1 /, antlt ~A ()u}1 f ,~ vi /, ........,r<P' "j 17 t2 7';y;:;/:)(A /-;i/1) I /~/ //- (~(~ / {,:;7' {/ VIII. INFORMATION ONLY: E. eRA Press Releases ~-\.lr, . - ~~~ctY~T2~CRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Boynton Beach CRA Press Releases SUMMARY: Included are copies of press releases recently distributed to local media pitching CRA activities/events, projects and programs. This collateral works to pique the media's interest and provide ideas for stories that will appeal to readers and meet the approval of the reporter's editors. RELEASES: *CRA Teams With Community Committee to Target HOB Issues (5/15) *Scully's Reopens to the Delight of Locals and Visitors (5/18) *CRA Hosts Final Oceanfront Concert of the Season (5/19) * Artavox III: Cultural Event Celebrates the Arts in Boynton Beach (5/22) FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: None '-- ~~ ~(~ Margee W sh Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Press release distribution May.doc ~: - ~Y~T8~ i l~~ f~A ,. East Side-West S,de~.5easlde KenaISSa<lc(' Media contact: Margee Walsh Boynton Beach CRA (561) 737-3256, ext. 204 walshmCCUbbfl. us FOR IMMEDIATE RELEASE May 15, 2009 eRA TEAMS WITH COMMUNITY COMMITTEE TO TARGET HOB QUALITY OF LIFE ISSUES Boynton Beach, FI-On March 10, the Boynton Beach Community Redevelopment Agency (CRA) voted to end talks with Auburn Development for the redevelopment of 26.3 acres along Martin Luther King Jr. Boulevard in the Heart of Boynton neighborhood. Board members then directed staff to work with the community to come up with strategies to improve the neighborhood. The creation of a Community Committee was crucial to assist the CRA in identifying priorities and developing strategies to keep redevelopment efforts on track, The CRA brainstormed with residents on the Community Committee which resulted in developing consensus to move forward with a number of strategies. The initial focus will be on addressing quality of life issues that will significantly increase the area's desirability as a place to live and work. Some of the recommended strategies include: Nuisance Properties: The CRA will purchase or assist the City in its efforts to foreclose on properties with significant code liens as a strategy to remove blighted properties from the community. Trash Pick-up: Committee unanimously agreed that the continual dumping of debris on vacant lots and in alleys diminishes the quality of life for residents. An as-needed debris removal was discussed and the Committee felt the idea had merit. CRA Policing: CRA staff and the CRA police have been working to institute measures that help reduce the opportunity to commit crime in HOB using Community Policing and Crime Prevent Through Environmental Design Initiatives (CEPTD). One recent CPTED initiative was to place bright lights on a CRA owned building at NW 9th Ave. and Seacrest Blvd. to illuminate dark spots where loitering occurs. CRA staff will continue to indentify areas where CEPTD principles can be instituted to prevent crime. Allev/Easement Abandonment and Closure: Committee recommended that the 24 unused alleys and easements in the Heart of Boynton be abandoned and closed to prevent criminal activity and illegal dumping. -cont'd- Economic Development Opportunities: Committee felt economic development activities and technical education would help to revitalize the neighborhood. Staff is working on selecting partners to bring in technical expertise to assist business owners and property owners. Based on comments from the public, staff also recommended the board consider designating 480 acres of HOB a "Brownfield," which would create a source of financial incentives for development. Vice Mayor Woodrow Hay, who represents the Heart of Boynton community, commented, "Residents need to get past the perceived stigma of the brownfield, as there are financial incentives for job creation and tax credits for clean- up activities within an area with this designation." The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the eRA, its events and activities, call (561) 737-3256, or visit www.bovntonbeachcra.com. ### ~~3QYNTON.c(.n . .,31: A C -Hd. ... ,. .' ) East Side-West S"lde-Seaside Rena',ssance Media Contact: Margee Walsh CRA Marketing and Communications Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE May 18, 2009 SCULLY'S RESTAURANT REOPENS TO THE DELIGHT OF BOYNTON BEACH LOCALS AND VISITORS Boynton Beach, FL - After a fire caused Scully's restaurant to close its doors in March 2008, local residents and visitors to Boynton Beach had to dine elsewhere and do without the famous Scullyburgers and prime rib dinners that put the restaurant, located at 2005 South Federal Highway, on the Palm Beach County "map," Ever the entrepreneur, owner Kevin Scully set about repairing the building and with financial assistance from the Boynton Beach Community Redevelopment Agency's Commercial Fa<;;ade Grant program, reopened his popular, Key West- style eatery, now seNing breakfast, lunch and dinner, seven days a week Scully, a Connecticut native who has lived in Boynton Beach for over 21 years, began his culinary career as the owner of Scully's Market, located on Ocean Avenue, with wife Joann, Customers frequented the convenience store to buy fresh produce and greasy burgers, back when there weren't too many dining options downtown, But persistence paid off, and as the city grew, so did Scully's following and cooking skills, prompting him to upgrade his menu and building, moving the business to the present location on Federal Highway, Today guests can dine outside on a spacious, wooden "pet friendly" deck, or inside, for a more cozy, intimate setting, Along with the before mentioned meat dishes, menu selections include fresh seafood, delicious fried chicken, ribs, tasty sandwich platters, omelets and homemade, mouth-watering desserts, better than Grandma used to bake! Hours of operation are Sun, - Thurs 7:00 a.m- 9:00 p,m" Fri,- Sat: 7:00 a.m, - 10:00 p.m. Catering available, For more information, call 561-733-GRUB (4782) The Boynton Beach Community Redevelopment Agency, established in 1982 under chapter 163 of the Florida Statutes, serves to encourage diverse redevelopment activities, stimulate economic growth, create a destination core and enhance the visual appearance of the community by eliminating slum and blighted conditions, promoting crime reduction and providing for affordable housing within the City's community redevelopment area, To learn more, call 561-737-3256 or log on to www,boyntonbeachcra_.cQL1J, ### ,- ~~~~Y~Te~ eRA iIi East Side- West Side- Seaside Rena-,ssance Media Contact: Margee Walsh CRA Marketing and Communications Director (561) 737-3256, ext. 204 WalshM@bbfl.us FOR IMMEDIATE RELEASE May 19, 2009 ANYTHING BUT STRICTLY BUSINESS AT BOYNTON BEACH'S CONCERT SERIES SEASON FINALE Boynton Beach, FL - On May 15, the Boynton Beach Community Redevelopment Agency (CRA) presented the final performance of the Oceanfront Concert Series. Hundreds of local residents gathered at Oceanfront Park to experience an exciting evening of dancing and entertainment for the entire family; including a great musical show by local favorite, the "Strictly Business Band." The well-known area band performed a popular mix of rhythm and blues hits, which kept the crowd on their feet all evening long. Volunteers from the Schoolhouse Children's Museum were in attendance, entertaining children of all ages, with balloon animals, coloring books, and sidewalk chalk drawings. Event attendees were also asked to make contributions to the Office Depot Backpack Program, which distributes backpacks and school supplies to underprivileged children. Boynton Beach's Oceanfront Concerts take place the third Friday of each month, January through May, and will resume in 2010. All CRA sponsored events are free and open to the public. -- (' (more) Boynton Beach CRA - 2 ("' Photo: Music lovers gathered in Boynton Beach for concert series season finale during a beautiful evening in May The Boynton Beach Community Redevelopment Agency, established in 1982 under chapter 163 of the Florida Statutes, serves to encourage diverse redevelopment activities, stimulate economic growth, create a destination core and enhance the visual appearance of the community by eliminating slum and blighted conditions, promoting crime reduction and providing for affordable housing within the City's community redevelopment area. To learn more, call 561-737-3256 or log on to www.boyntonbeachcra.com. ### r ~qY~T8~ C RA East Side-West Side-Seas',de Rena',ssance Media Contact: Margee Walsh CRA marketing and Communications Director (561) 737-3256, ext. 204 WalshM@bbfl.us FOR IMMEDIATE RELEASE May 22, 2009 CULTURAL EVENT CELEBRATES THE ARTS IN BOYNTON BEACH Boynton Beach, FL - On May 20, Boynton Beach had the distinct honor of hosting Artavox III, an annual celebration dedicated to the appreciation of the arts and the works of unique, local artists. County and city officials mingled with art aficionados on the grounds of the Boynton Beach Schoolhouse Children's Museum for an evening that provided a treat for the eyes, ears and palate. Over one hundred attendees had an opportunity to experience the talents of several "performance" artists, who sang and danced their way in the hearts of the crowd. Art displays included installation pieces and works provided by over 70 visual artists, which were displayed during a video presentation at dusk. Vice Mayor Woodrow Hay welcomed the crowd, noting, "This is an exciting time in the redevelopment and renaissance of downtown Boynton Beach, and we are thrilled to be the host city for important cultural events like Artavox III." Tasty hors d'oeuvres, desserts and wine selections were served, courtesy of Boynton Beach's Green Market. Artavox III proved to be a collaborative event, sponsored by the Boynton Beach Community Redevelopment Agency (CRA), the Palm Beach County Cultural Council, City of Boynton Beach Arts in Public Places the Palm Beach County Art in Public Places and Artists of Palm Beach County. -cont'd- --- --- ""'" PHOTO - Sharon Koskoff, Artist of Palm Beach County, displays her interpretation (' of a self portrait. Event attendees were invited to join the fun with their own drawings. (' --,' =i- ... ~ ' fi ~. I ." . , . ~~. '. "' _ . ..~-':--=::i . ".. ,-.-. . -- .- - . ....., ...--- - ..~..... ...-t..i~'_:::....o-.. . ; .. "'-j, . II~~ . .. ~ 'L.. The Boynton Beach Community Redevelopment Agency, established in 1982 under chapter 163 of the Florida Statutes, serves to encourage diverse redevelopment activities, stimulate economic growth, create a destination core and enhance the visual appearance of the community by eliminating slum and blighted conditions, promoting crime reduction and providing for affordable housing within the City's community redevelopment area. To learn more, call 561-737-3256 or log on to www.boyntonbeachcra.com . ### ,.... , VIII. INFORMATION ONLY: F. Economic Development Activity Report Economic Development Activity May-09 Relocation Assistance 1 Researched current commerical space rates and terms 2 Updated property/tenant database 3 Attended Pre-App for Marina Del Mar site plan 4 Researched space for Dr. Tom Rose/Genesis Health Care 5 Correspondance with Stephan Brien re: restaurant site Owner Assistance 1 Met w/Jennifer McNeil and Bryan Beaulieu/Woolbright Development - re: programs for tenants 2 Met w/Steve Myott re: Oyer bldg. on Ocean Avenue 3 Promotional 1 Attended Deck and Drive Grand Opening 2 Planning work for business listing website 3 Letters to business owners re: new website 4 Press release for Seafood Depot 5 Press release for Rufus Ribs 6 Press release for Commercial Fa<;:ade Grant Program Tenant Assistance 1 Drafted RFP for Small Business Development Program 2 Met w/Florida Womens Business Circle re: Business Development Program 3 Correspondance w/Mr. Guam Sims re: barbership 4 Commercal Fa<;:ade Grant for Dr. Pitenka T:\ECONOMIC DEVELOPMENT\ED Report VIII. INFORMATION ONLY: G. Artavox III ~'.'.' ...~.\.Il /'.' ~, I~"">, ~." I/" ,....~, 1~11~~qY~T8~1cRA _ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Artavox III Event Wrap-up SUMMARY: . Artavox III Event held May 20,2009 on the grounds of the Schoolhouse Children's Museum . Approximately 200 attendees at this free event . A partnership between the CRA and the Palm Beach County arts organizations has been established . Event showcased the local food vendors from the Green Market . Committee had a wrap-up meeting on June 2, 2009 . Committee is interested in working together on future events FISCAL IMP ACT: Less than the board approved $500.00 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: None Kathy Bisc ti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Artavox Event Wrap-up.doc In,l'iIU; \lc-;sagc. "11. ' lit'. l l()bay, Debby "en: r rHLi" lia\' 2(), 2()()<} ] I :()! \;VI L['lll::ll.. Paula; \\'ooten, Victor; (.rawford, ( harllL :\r:ll!,l/lllL,' IlLlck, Hall, \l1chael, l)[-C dUll I '~l'ph; Balfe, I om; Hall, (;lcnda: Brode. \nhllr: !'l1dil1-" ; lIC" 1.1, ''ILL \ lck! ,; \ nnl'll, I ,ori; ] j\Trg< )( )d, leffrn: Roherts, ( h nSllt 1(-: ! i< >1' \\ i i '. ( 1.1 rk. 1 Lllg. hl~CUltL t"-arh\: Bright, J ,Isa ;--'1I11)lT: :'U\ (I', ) I (I \ i I hanh \' III so much for all ()f v( )ur asslstancc and makln~ \ n;! \ , ,'. " ;1 ';\ICCl,~~1 I hl' \ rt:l\ ( ,\ (< lmmlttec said it was the best one e\ er. j', 11Ir participation and efti lrh t(, keep the c< '-;1S o11oimum \\hilc pr< )"iding mllch needed sen Ices made all the differenCl' III the e\'l'nt taking pbll', \X'e had a great mr11 out despite rill' weather Paula and \' ic, Pleasc extend my thanks to Justis and the cleanl11g crew: I an ice and (:Judic, please extend my thanks to Rocco; l'vIichael, please cxtend mv thanks to your staff; andloc, please extend my thanks to the other officers that scrn:d the lTent p()!icing, I look f( If\vard to \vorklng with man\, of v( 1U ()n future en'nb. Debbv (:oles-Doba\ . . Public\rt Administrator (:ity of Boynton Beach Art in Public Places Fnriching our Community though Public /\ rt 1 ()() I,:, })()"nton Beach B()ulevard BonHoll Beach, FI, ,),)425 :'i(, I 742 (1()2(, work S(ll ()32 !()() 2 cell Clllesdoba\d(a:bbflus W\VW, b() V Il tunbc:acharts, (lrg City gives exposure to ~ocal artists during tough time~ MIKE ROTHMAN I Forum Publishing Grou~ Palm Beach County artists were on display last week at the Schoolhouse Children's Museurr, Artavox III took place May 20 and more than 70 artists displayed their visual work on a proJecto, aimed at the front of the museum, at 129 E Ocean Ave. Debby Coles-Dobay, Boynton Beach's public art administrator, said the event also had a handful of performance artists, including poetry and dance, and some installation artists, "This is the third year we have done this." she said, "It really is just a celebration of all the artists in the area, A social event with wine, beer and food," Coles-Dobay said Boynton Beach is centrally located within the county, so the museum was a perfect choice for the event. Involved in the event was the Palm Beach County Cultural Council, Artists of Palm Beach County, Boynton Beach Community Redevelopment Agency, Boynton Beach Art in Public Places and Palm Beach County Art in Public Places, "It was really a collaborative event that we put together on a limited budget with the times the way they are," Coles-Dobay said, Kelsey Harris, the museum's operations director, said she thought of the event as more of an open house for local artists "We are a cultural place here in Boynton, so the event was just a nice fit," she said Boynton Beach songwriter Suzanne Cannon played a few songs at the event, including "Carolina," a song about where she grew up. "I am from South Carolina, so the song is about my home," she said, "This is my first time at the event, but I am always grateful for the opportunity to play any gig," She said it is always important for the community to support local artists like herself, especially in the fluctuating economy. "Events like this are key because places just aren't hiring musicians, they just can't afford it," she said, "When you play at something like this, it gives you exposure," One of the installation artists, Delray Beach mural artist Sharon Koskoff, built a temporary installation titled "Secrets of the Self Portrait or How I Got A-Head in Art Class," Five mannequins, dressed in Jackson Pollack attire to look like Koskoff, were on display in front of the museum to welcome 300 guests to the Artavox III celebration, Koskoff said the art dummies were arranged to be creating self-portraits and visitors were welcome to draw one with the dummies, "There is a big paper for everyone to draw on as well," Koskoff said, "This type of event just reinforces all the creativity we have here in Palm Beach County, It is great for networking, too," PARTNERSHIF Partnership between the Boynton Beach Community Redevelopment Agency am Palm Beach County Cultural Council The Boynton Beach Community Redevelopment Agency (CRA) has established c reputation of outstanding community events and festivals. Not only do these event~ serve as uplifting family entertainment, they are also an important anchor for economic development and sustainable downtown revitalization. The CRA's special event~ program combines private funding with public resources to cost-effectively produce city wide events. Another avenue that the eRA utilizes is co-sponsorship with local not-for profit organizations. A recent example of such efforts is the partnership between the CRA and Palm Beach County Cultural Council (PBCCC). The PBCCC is a non-profit organization which has taken a leadership role in nurturing, promoting and celebrating the arts and cultural community. The collaboration took place in the form of an event sponsorship, for Artavox III. This annual celebration, put on by local arts organizations, is dedicated to promoting the appreciation of the arts and the works of unique, local artists, Artavox is designed specifically to highlight Palm Beach County's artists by providing them an outlet to network and showcase their creations. Each year, the event takes place in a different location throughout the county, to highlight the area's cultural diversity. As part of the sponsorship, Boynton Beach received the distinct honor of hosting this prestigious event. On May 20, 2009 City and County officials mingled with art aficionados on the grounds of the Boynton Beach Schoolhouse Children's Museum, one of Palm Beach County's premiere museums. Residents and visitors to the area were able to gain an understanding and appreciation of the importance of art and culture within the community, The evening provided artist stimulation for the eyes, ears and palate, Hundreds of attendees had the opportunity to experience the talents of several "performance" artists, who sang and danced their way into the hearts of the crowd. Art displays included installation pieces and works provided by over 70 visual artists, which were displayed during a video presentation at dusk. As a first-time, unique event for Boynton Beach, a synergy was created between the artists, residents, and participants that will have far-reaching effects on the local community for years to come. The Boynton Beach Community Redevelopment Agency looks forward to continued collaboration with the Palm Beach County Cultural Council to enrich the lives of residents of our City and County. i ljCfY~T2fRA __ East Side-West Side-Seas'lde Rena'lssance ~ -, PAlM BEACH COUNTY .,,/\S. CULTURAl COUNCil VIII. INFORMATION ONLY: H. Florida Regional Forum on The Nighttime Economy \\, , ,- "::'\' t./'.. I....,~,~~\,~._'~ /~'~ # \' ~~~~Y~T?!~ eRA _ East Side-West Side- Seaside Renaissance eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Responsible Hospitality Institute - The Nighttime Economy Forum SUMMARY: . Meeting took place May 28, 2009 at the Delray Beach Marriott . CRA invited attendees: Glenn Jergensen, Sgt. Joe DeGiulio, Ed Breese and Scott Blasie. . Kathy Biscuiti and Mike Simon attended from the CRA. . Attendees will have a follow-up meeting June 9, 2009. . Some of the topics discussed were: 1. Noise issues 2. Clean & Safe Program 3. Code enforcement 4. Policing and crowd control 5. Sidewalk cafes 6. Street Artists and panhandling FISCAL IMPACT: $570.00 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: None Kathy Bis iti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Nighttime Economy Cover Sheet-doc From: Blasie,Scot: Sent: Friday, Mav 29. 20099:06 AM To: Biscuiti, Katn' Cc: Brooks, Vivian; Bright Lisa; Bressner, Kurt; Immler, Matt; Simon, Michae! BreesE. EeL Byrne, Nancy, DeGiulio, Joseph Subject: "Regional Forum on the Nighttime Economy" (lood mornint, f\allr, Ijust wanted [0 [hank you/or including me (and payingjiJr) my allemjl!l7L'[' 111 resterday',\ f'orum on nie:hllime economv, As H'e discovered. there are many strah'l!Jes uvailahle to 1/,\ . (~ . , jor identitying implementing and managinJ!, the activities occurrinJ!, in our downtown and mixed use districts, llookfhrward to workinJ!, with you and your stajj on developing ideas and strategies to enhance the experiencefiJr those that I'isit our husine,\'\' districts Respec(fu/~I', Scott Blasie Code Compliance Administrator City of Boynton Beach Police Department (56/) 742-6121 (56/) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity Please be advised Florida has a broad Public Records Law and all correspondence to me via e-mail may be subject to disclosure. Under Florida Records Law, e-mail addresses are public record. Therefore, your e-mail communication andyour e-mail adress may be subject to public di,~c1osure. - - -- - --- - DELRAY BEACH REGIONAL FORUM ~. May 28, 2009 t1f1J p__ L.7 9:00am Registration 10:00am Welcome Mayor Woodie McDuffie 10: 1 Sam The Nighttime Economy: Trends, Opportunities, Challenges Jim Peters, President, Responsible Hospitality Institute Luncheon Delray Beach: About Our Nighttime Economy Moderator: Marjorie Ferrer, Executive Director, Downtown Development Authority/Downtown Marketing' Cooperative Anthony Strianese, Chief, Delray Beach Police Department Bill Morris, Developer, Worthing Place Robert Barcinski, Assistant City Manager, Clean and Safe Team Lula Butler, Community Improvement Director, Downtown Regulations Butch Johnson, Owner, 32 East Restaurant Roundtable Discussion: Building Alliances Summary Reports Conclusion LOCATION AND REGISTRATION Registration Fee: $95 individual rate includes luncheon, Resource Workbook and participant directory Delray Beach Marriott: Special Friday night/weekend rates available. 10 North Ocean Boulevard, Delray Beach, FL 33483; 1-561-274-3200 11 :4Sam 12:30pm Things to Do: Stay for the evening and into the night to enjoy dining and entertainment venues. Evening and late-night tours are being arranged so you can gain insights on how Delray Beach evolved into a popular regional destination. The Responsible Hospitality Institute (RHO is a private non-profit organization founded in 1983 and dedicated to assisting businesses and communities create safe and vibrant places to socialize. Learn more about RHI at www.RHIweb.org or 831.469.3396 ,-.. . hOSpitality. lrhH 2:00pm 3:30pm 4:00pm EVENTS WHAT IS YOUR ROLE IN THE NIGHTTIME ECONOMY? Hospitality · Safety · Community · Development Collaborate with private and public professionals in Delray Beach and the surrounding region. REGISTER www.RHlevents.org/forum/delray 831.469.3396 ext 2# .,\\arnott. DELRAY BEACH o (~ GREATER DELRAY BEACH Chamber of Commerce L.TeRA DIAGEO DURAY BEACH II DOWNTOWN ~. DEVELOPMENT . fiUTHOi'{ITY at}' or Ddrwy Bn.ch, florida eOIUIUII1'1 UDIULOP.UT uue, VIII. INFORMATION ONLY: I. Update on The Preserve Page 1 of:3 Bright, Lisa From: Lenny Wolfe [Lenny.Wolfe@CornerstoneGrp.com] .1t: Thursday, June 04,200910:44 AM To: Bright, Lisa Cc: Tony Gizzi Subject: FW: Boynton Preserve After our meeting, I went directly over to The Preserve and met with our project manager and the sales manager and I received the following email this morning from Tony. I also asked Laura about the person who was on the property, and to her knowledge (she has been there for several years), that was the first and only time something like that has occurred. The police were called immediately and that person left the property. Laura explained to the resident that they should call the police immediately when they see something like that and not wait to speak with a developer representative. Needless to say, it has been an extremely challenging and difficult few years in this environment, but we are trying as best we can. Thanks kindly. From: Tony Gizzi Sent: Thursday, June 04, 2009 10:05 AM To: Lenny Wolfe Cc: Laura Talavera; Tony Gizzi Subject: RE: Boynton Preserve LVI rection to paver repairs on previous emai/: 1801 NE 5th Street should be changed to 1803 NE 5th Street, fJ MIl (ji--...zi. Area Construction Manager Cornerstone Group Construction, Inc, Office - 561-478-8375 Cell - 305 345-2029 Tony. Gizzi@cornerstonegrp.com J2 please consider the environment before printing this amaH From: Tony Gizzi Sent: Wednesday, June 03, 2009 3:22 PM To: Lenny Wolfe Cc: Laura Talavera; Tony Gizzi Subject: Boynton Preserve Lenny: PM our discussion today June 3rd, 2009 regarding construction issues presented to the City of Boynton l .ch Code Compliance Division on June 2nd 2009 by the homeowners of Boynton Preserve. (Laura Talavera also present) I have prepared a recap as follows: ENTRY GATES 06/04/2009 Tne entry gates are totally functional and the transmitters nave oeen given to Sales for distributior, to lh Homeowners. The gates have been inspected by the env however a final inspection can not be condUClt+ until such time that the construction entry has been closec will check with the city officials to see jf the\! allow us to activate the gate prior to the closing of this remporarv construction entry which is still neede" We can Install a rolling temporary gate at the construction entry and open it every working day an(J 100< each working night. It will however remain open dunnQ construction business hours E!OT_HOLES IASPHALT REPAIRS I had already contact several asphalt companies last week and met with them regarding the asphalt repairs needed in the roadways and should have all of them within the next day or so, at which time we will awarded the work and have it commenced immediately there after TEMPOBARYSTRUCTURE~ The construction materials that are stored at the north property line are being used with relationship to the building currently under construction however I will notify the contractors involved to remove any materials not necessary. The Mobil Mini Construction Containers at the north property line are also full of construction related materials for this project and will remain. We will consolidate as best as possible to reduce the number of containers on site. PAVERS The pavers in several areas where also addressed with our paver contract last Friday May 29th and we arb awaiting the proposals which should be collect by the end of this week for repair work that includes the following: MAIN ENTRY - two depressions 1851 NE 5th Street - Driveway depressions 1835 NE 5th Street - Repair at the city water valve cap. 1801 NE 5th Street - one paver sinking in landing of steps 1853 NE 5th Street - Driveway depression 1930 NE 5th Street - loose pavers under stairs There where no other areas with regards to steps being loose, damaged, missing or depressed Once we have obtained all bids for paver repairs it too will be awarded and the work will commence immediately there after. Best regards, 5 OIUJ ()iz.zi Area Construction Manager Cornerstone Group Construction, Inc, Office - 561-478-8375 Cell - 305 345-2029 T oOy,Gg:?:i@~oIllers1QO?-9IQ ,c;Qm ()hj{),1nnr)O XI. OLD BUSINESS: A. Heart of Boynton Strategies 1. Strategy Matrix I Heart of Boynton Strategies - Community Committee Recommendations May-O~ Qualitv of Life Issues 1 Nuisance Properties Acquisitor $ 800,000 Legal Feef $ 50,000 Demolitior: $ 20,000 $ 870,000 2 Code Enforcement/Issue Hotline $ 5,000 3 Trash Pick-up $ 25,000 4 CRA Policing $ (500,000) 5 CPTED Lighting - Sara SIms $ 10,000 Close NW 9tt-, $ 5,000 $ 15,000 6 Alley/Easement Abandonment Legal Fees $ 10,000 City Engineer Fees $ 15,000 Closures $ 60,000 $ 85,000 I TOTAL QUALITY OF LIFE EFFORTS $ 1,000,000 Economic DeveloDment Grants (2 @ $20,000 1 Improve Interior/Exterior of Businesses ea.) $ 40,000 2 Technical Assistance Classes $ 20,000 Site Planning/Conceptual $ 50,000 $ 70,000 3 Micro Loan Fund $ 100,000 I TOTAL ECONOMIC DEVELOPMENT $ 210,000 Housina DeveloDment and Rehabilitation 1 Reissue RFP for Ocean Breeze East Legal Review/Advertisin! $ 1,000 2 Residential Improvement Grant Program (7 @ $20,000) $ 140,000 I TOTAL HOUSING/REHABILITATION $ 141,000 Phase I MLK Legal Fees to Combine 1 Property Ownership CRA/City Property $ 5,000 2 Property Acquisition $ 250,000 3 Grocery Co-op Site Plan/Feasability Am $ 10,000 I TOTAL PHASE I MLK $ 265,000 I TOTAL $ 1,616,000 Project Nuisance Properties Code Enforcement Hotline Trash Pick-Up CRA Policing CPTEO I I lAlleY/Easement Abandonment Pro'ect Improve InteriorfExterior of Businesses Grants (2 @ $20,000 ea.) Technical Assistance Classes Micro Loan Fund ~!~yvnfield Designation IMPLEMENTATION STEPS/OUTCOMES May-09 QUALITY OF LIFE ISSUES Action Negotiated contracts for 112 NW 10th Ave Code Board voted to to recommend foreclose on Iiened properties Presented to CRA Board on 5/09 None to date See attached report Outcome On June 9th Agenda. $170,000 In Legal for title search Not supported Installed lights at 1000 N. SeacrestfCorner of Seacrest Lights installed and working to deter nighttimE" loitol 1t1O Met w/City Parks Dept. re: installing lights at Sara Sims Getting quotes to install lights at 909 N. Sea crest Met w/City Engineenng re closing of NW 9th Ct . Met w/City Engineering re: abandonment of alleys Met w/Business Loan Fund director to get proposal Bringing forward to Board in July for recommendation to City for adoption ~-,~."._____.___---L-....-.-..._ ECONOMIC DEVELOPMENT ACTIVITY Action I Staff is reviewing current program to recommend ~--------- changes to Boaed ,n July I none to date Getting information re: programs from SCORE fED if free services are unavailable Center, etc, Prepared RFP for services in July for approval Board approved contract with REG in May, Letters Site Planning/Conceptual DeSign sent out week of 6/1/09 to property owners on MLK Engineering to senrlletter tn CJWIl0! nf E;7 Mart I'> pail"fl/() on NW 9th/NW 9th will hI" r!n"rorj ;'Ie, pn't ,'I C:;"';1rf p"j redesign i Manholes are located In alleys. !o0hnq fr1{ Mil",! pnh\i0 :'8V tnl address issue '-~--- Outcome .--...-.-.-.--- ''.--------'l staff will take RFP to Board Project Reissue RFP for Ocean Breeze East Residential Improvement Grant Program 7 @ $20,000 each Proiect HOUSING DEVELOPMENT AND REHABILITATION Action Outcome Putting on July CRA Agenda PHASEIMLK Action Outcome Combine CRNCity Property Under Approved in concept at the May CRA meeting - Staff One Owner to bring agreement between the City/CRA forward Property Acquisition Grocery Co-op Purchase of 201 NE 9th on June CRA agenda Contract w/REG approved to create conceptual plans /..... ~ = = ~ ~ -= c:l'I ~ Z 1"""1 = N I r--€ ~ Q. o l. ~ = .... l. co: e co: - - .... > XI. OLD BUSINESS: A. Heart of Boynton Strategies 2. Consideration of Contract with Michael Villamarin for the property located at 201 NE 9th Avenue ,;~~\~ ~~'\~ ~. ~~~Y~T88lc RA ~ East Side-West Side-Seaside Rena'lssance eRA BOARD MEETING OF: June 9, 2009 I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of Purchase Contract with Michael Villamarin for the property located at 201 NE 9th Avenue SUMMARY: The CRA has been presented with the opportunity to purchase the property adjacent to parcels currently owned by the City of Boynton Beach lying within the Phase I area of the MLK corridor. Recent direction from the CRA Board as well as the Community Committee has been to focus acquisition efforts on nuisance properties, parcels adjacent to CRA or City owned properties and other opportunity purchase offers within the HOB and MLK redevelopment corridor area. Staff has been negotiating with Mr. ViIlamarin for his property located at 201 NE 9th Avenue. Mr. VilIamarin is offering the property to the CRA for a purchase price of $21 0,000 subject to verification by an appraisal as stated in the Purchase Agreement. As indicated on the map as parcel number 3 (see attached), the property is adjacent to several parcels currently owned by the City of Boynton Beach and the Phase I project area. The property consists of an existing 1,100 square foot duplex with a lot size approximately 55ft x 150ft in size. The duplex would be demolished post closing and the parcel would be utilized in conjunction with other CRA/City parcels for future redevelopment opportunities. FISCAL IMPACT: Up to $210,000 to come from Project Fund 02-58200. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Staff recommends entering into a Purchase Agreement with Mr. Michael Villamarin for the property located at 201 NE 9th Avenue for a purchase price of $21 0,000 subject to the terms and conditions of the Purchase Agreement. ~-~/ ~ d' ~~. ~~ Michael Simon Development Manager <- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Villamarin purchase.doc . :) "C G) c: ~ o >. - U G) 0) c: ns ... o ..-) "C G) c: ~ o ~ u c: G) e (!) ..-... ~ = = ~ ... -< -= 0\ ~ Z ~ = M I >-. ...... ;.. ~ Q., o ;.. =-- = .... ;.. r:o= e r:o= - - .... > PURCHASE AGREEMENT Page I of 12 PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defIned), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENC~ a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes (hereinafter "CRA") and Michael Villamarin, a single man (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALEIPROPERTY SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and more particularly described as follows and is subject to verifIcation by a survey: Address: 201 NE 9th Avenue, Boynton Beach, Florida Legal Description: Lot 172, ARDEN PARK ADDITION to Boynton Beach, according to Plat thereof, as recorded in Plat Book 22809, Page 0596, of the Public Records of Palm Beach County, Florida Parcel Number: 08-43-45-21-18-000-1720 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Two Hundred Ten Thousand and 00/100 Dollars ($210,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 13. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the Effective Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit in the amount of Five Thousand Dollars ($5,000.00) Dollars (the "Deposit"). 3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied a~d disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defmed) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. IUsers/vrnike07/DownJoads/2nd _MichaeC Villamarin]A _5-26-09 .doc 1 PURCHASE AGR t, I !\i i {\ Page 2 (If I::> " Escrow Agent. eRA and SELLER authorize b,scnl\,\ !\!!em {i reCel\' deposit and hold funds in escrow and, subject to clearance, disbursl' U1en; Upuri prort'1 authorization and 111 accordance with Florida law and the tern1S of this Agreemenc i nc partIe', agree that Escrow Agent will not be liable to any person for misdeliver:! OJ escrowed item~ li.1 CRA and SELLER. unless the misdelivery is due to Escrow Agent's willful breach of Ihb Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow. Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonablt' attorney's fees and costs to be paid from the escrowed funds which are charged and awarded <1\ court costs in favor of the prevailing party. All claims against Escrow Agenl will be arbitrated so long as Escrow Agent consents to arbitrate, 4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on nr before June 10, 2009, the Deposit will, at CRA's option, be returned and this offer shall lx' deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers shall be five (5) days from the date the counteroffer is delivered. The date of this Agreement (the "Effective Date") shall be the date when the last one of the eRA and SELLER has signed or initialed this offer or the final counteroffer. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before August 14, 2009 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) covenants, conditions. easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which eRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. CRA' and CRA's agents, employees, designees. Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively. "Agents") shall have forty five (45) days from the Effective Date of this Agreement ("Feasibility Period"), at CRA's expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time hI time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all appraisals, physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations. which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by eRA's IUsers/vrnike07/Downloads/2nd_Michael_ Villamarin]A _ 5-26-09,doc 2 PURCHASE AGREEMENT Page 3 of 12 testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 SELLER' Documents: SELLER shall deliver to CRA the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports), permits, licenses, variances, building plans, and engineering plans in SELLER' possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall obtain, at the CRA's expense, from legal counsel for the CRA, a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall immediately be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections /Users/vrnike07 /Downloads/2nd_MichaeL Villamarin]A _5-26-09.doc 3 PURCHA~1 1\(iRH.MEN 1)3!!C 4 i,"!' arising from the Title Update shall be the same as objections 10 Items appearing In the Title Commitment. subject to the provisions of this Section. Survey Review. CRA, at CRA's expense. may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property tu the nearest 1I100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning title objections. 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions t\f Closing") are either fulfilled or waived by CRA in writing: 8.1. Representations and Warranties. All ofthe representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Approval by CRA Board. The Purchase Agreement is contingent upon the approval and authorization by the CRA Board. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 8.4. Compliance with Laws and Regulations. The Property shall be m compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes. requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the eRA at time 01 closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to- month basis, were given proper notice to vacate and there are no leases on the property. 8.6 VerifIcation of Purchase Price. The CRA and SELLERS agree that this Agreement is contingent upon the Purchase Price being verified by an independent appraisal to be conducted by a professionally qualifIed and licensed appraiser at the CRA's expense. If the Purchase Price exceeds the appraised value, the CRA shall have the right to terminate this Agreement under the terms of Section 7 of this Agreement. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered. fUsers/vrnike07/Downloads/2nd _MichaetViIlamarin .PA _ 5- 26-09 ,doc 4 PURCHASE AGREEMENT Page 5 of 12 to CRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good. marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 SELLER'S Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closiny Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as CRA may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Taxes, assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fIxed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2. Special Assessment Liens. CertifIed, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by CRA. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered CertifIed, confirmed or ratifIed and SELLER shall, at Closing, be charged an amount equal to' the last estimate or assessment for the improvement by the public body. /Users/vrnike07/Downloads/2nd _ Michael_ ViIlamarin]A_5-26-09.doc 5 PUf~(HASI /\GRI:EMEN'j PaEC h 1\' 10.3. Closing Costs. SELLER shall pa:,/ TOr aU documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement tee. courier fees. overnight package, etc.). All other costs of closing shall he home hv CRt,. 10.4 Closing Procedure. CRA shall fund t/1t' Purchase Price subject to the credIts, offsets and prorations set forth herein. SELLER and eRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordablt' Closing Documents in the appropriate public records. 10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain. or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 SELLER's Representations and Warranties. SELLER hereby represents. covenants and warrants to CRA, as of the Effective Date and as ofthe Closing Date, as follows: 11.2. Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3. Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear ot all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that CRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming by. through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults. SELLER sole remedy shall be retention of the deposit. eRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. fUsers/vrnike07/Downloads/2nd _ Michael_ Villamarin_.PA _ 5-26-09 ,doc 6 PURCHASE AGREEMENT Page 7 of 12 12.2. SELLER Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specifIc performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fIfteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certifIed mail, return receipt requested, or personal delivery to the following addresses: If to SELLER: Michael Villamarin 1124 NW 11th Street Boynton Beach, FL 33426-2956 If to Buyer: Lisa A. Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 PH: 561/737-3256 FX: 561/737-3258 With a copy to: James Cherof CRA Attorney 76 NE 5th Avenue Delray Beach, FL 33483 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefIt of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall IUsersfvrnike07/Downloadsf2nd _MichaeC Villamarin]A _5-26-09.doc 7 PURCHASE MiRE! 1\11-:/\ Page 8 of I :: have the right to assign this Agreement to the City of Boynton Beach (thl' "(It:' I without tIll prior consent of SELLER and the CRA shall be released from any further obli2.ations and . - liabilities under this Agreement. The eRA may not assign this Agreement l(. any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If eRA has been dissolved as an entity while this Agreement and/or the attached Lease Agreement arc in effect, the provisions of section 163.357(1), Florida Statutes, (as it may he amended from time tn time), shall apph 15. BROKER FEES. The SELLER and BUYER hereby states thaI they have nu: dealt with a real estate broker in connection with the transaction contemplated by this Agreemem and are not liable for a sales commission. SELLER shaU indemnitY, defend and hold harmles~ the CRA from and against any and all claims, losses, damages, costs or expenses (including. without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding aUeged to have been made by SELLER on its behalf with any broker or fInder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. Environmental Conditions. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean an; hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant petroleum, petroleum product or petroleum by-product as defmed or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal 01 such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal. state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to CRA entering into this Agreement. SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property 01 contiguous property owned by SELLER, to the best of SELLER' knowledge. (2) SELLER is not aware nor does it have any notice of any past present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events. conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER property. (3) There is no civil, criminal or administrative action, suit, claim. demand, investigation or notice of violation pending or, to the best of that entity's knowledge. threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. IUsers/vrnike07/Downloads/2nd_Michael_ Villamarin]A 5-26-09,doc 8 PURCHASE AGREEMENT Page 9 of 12 16.2 Additional Warranties and Representations of SELLER As a material inducement to eRA entering into this Agreement, SELLER, to the best of SELLER' information and belief, hereby represents and warrants the following: 16.2.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 16.2.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 16.2.3 To the best of SELLER' knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 16.3 SELLER Deliveries. SELLER shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 16.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 16.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. IUsers/vrnike07/Downloads/2nd_Michael_ VIllamarin_PA_5-26-09,doc 9 "IJRl'HASE MjRf'FMENT hl?e ] 0 uf 12 ] 7. MISCELLANEOUS. I 7. ] . General. This Agreement. and any amendment hereto, may be executed 11 any number of counterparts, each of which shall he deemed to be an original and all of whirl shall, together, constitute one and the same instrwnent. The section and paragraph heading~, herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws at the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County. Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 17.2. Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays. Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 17.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights 01' remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 17.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine. the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 17.5. Severability. If any provision of this Agreement or the application thereot shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. ILJsers/vmike07/Downloads/2ndMichael_ VilIamarin PA 5-26-o9,doclO PURCHASE AGREEMENT Page 11 of 12 17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 17.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 17.10 Recording:. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 17.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording ofthe SELLER Property Deed and CRA's possession of the Property. 17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BOYNTON BEACH CO~ITYREDEVELOPMENT AGENCY SELLER By: Print Name: Jerry Taylor Title: Chair J \ 71 \ 0 t;. Print Name: Michael Villam . a single man Witnesses: IUsers/vrnike07IDownloads/2nd _ Michael_ Villamarin]A _5-26-o9,docll II I I i XI. OLD BUSINESS: A. Heart of Boynton Strategies 3. Consideration of Contract with Jerry & Melody Brandom for the property located at 112 NW 10th Avenue eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of Contract with Jerry & Melody Brandom for the property located at 112 NW lOth Avenue SUMMARY: The main concern of the Community Committee was the quality of life in the Heart of Boynton. The Committee felt that purchasing or foreclosing on properties that were blighted or had drug activity would help to improve the community. Staff has been negotiating with Mr. Jerry Brandom for his property located at 112 NW 10th Avenue (see attached map). The property is vacant and boarded up. Staff and Mr. Brandom have agreed to the purchase price of $170,000 subject to verification by an appraisal. If the Board decides to purchase the property, the structure will be demolished and deeded to the City for the expansion of Sara Sims Park. FISCAL IMP ACT: Up to $170,000 to come from the MLK line item. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Staff recommends entering into a Purchase Agreement with Mr. Jerry Brandom for the property located at 112 NW loth A venue for a purchase price of up to $170,000. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Brandom purchase,doc :) ~ ~ N ~~ ~~) -Q. ="Q ~a ~ = = ~ :) REAL ESTATE PURCHASE AGREEMENT THIS REAL EST ATE PURCHASE AGREEMENT ("Agreement") is made and entered this day of , by and among Jerry L Brandom and Melody A. Brandom (the "Seller"), and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, Florida public body corporate aud politic created pursuaut to Section 163.356 F.S ("Purchaser"). WIT N E SSE T H: WHEREAS, Seller is the fee simple owner of a certain parcel of real Property located in Palm Beach County, Florida, containing approximately .185 acres of improved land with approximately 2,550 square feet of building, and being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, together with all tenements, hereditaments and appurtenances relating thereto or associated therewith ("Property"); and WHEREAS, Seller desires to sell to Purchaser, and Purchaser desires to purchase from Seller, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by Purchaser to Seller, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and suffIciency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: I. Definitions. 1.1 Closing Date means that date which is thirty (30) days from the expiration of the Inspection Period. 1.2 Deed means a General Warranty Deed approved by the PURCHASER, which shall convey the Property from the SELLER to the PURCHASER. 1.3 Earnest Money means the sum of Five Thousand Dollars ($5,000), which shall be delivered from PURCHASER to Escrow Agent pursuant to Section 25 herein. 1.4 Effective Date means the date the last one of the SELLER and PURCHASER executes this Agreement and delivers an unaltered counterpart hereof of the other party 1.5 Escrow Agent means Goren, Cherof, Doody, & Ezrol, P.A. with offIces at 3099 East. Commercial Blvd., Fort Lauderdale, FL 33308. 1.6 Inspection Period means the period of ninety (90) calendar days, which commences on the effective date. 1.7 Property means that certain parcel of real property situate, lying and being in Palm Beach County, Florida more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all improvements thereon, together with all the right, title and interest of the SELLER in and to any site plans, site plans approvals, development plans, specifIcations impact fee credit and all other related matters and things owned by the Seller which relate to the Property; it Page 1 of 16 heing the intent of the SELLER 10 sei: transfer and set over unto and convey the PURCHASER all interests of the SELLER whatsoever kind. type, natun:- description or characterization IJ1 ano III the Property, fee and clear of all liens. claims, interests and encumbrances of possihle liens, claims. interests O! encumbrances of whatsoever kind. type. nature description or characterization and shall include: (i) All buildings and improvements located on the Propelty (ii) All right-of-ways, alleys, privileges, easements and appurtenances which are on or benefit the Property; (iii) All right, title and interest of the SELLER in any land lying in the bed of any public or private street or highway, opened or proposed, in front of or adjoining the Property to the center line thereof; (iv) All right, title and interest of SELLER to any unpaid award to which the SELLER may be entitled 0) due to the taking by any pending condemnation or eminent domain of any right, title or interest of the SELLER in the Property and (ii) for any damage to the Property due to the change of grade of any street or highway: (v) All rights under assignable licenses, permits, variances, approvals and similar authorizations with respect to or affecting the Property (collectively, "Permits"), it being understood that PURCHASER may decide not to accept an assignment of anyone or more of the Permits, and that SELLER shall be required to obtain any necessary consents to the assignment of any Permit; (vi) (collectively, "Leases"); All right, title and interest under all leases affecting the Property (vii) All rights under assignable plans, specifications, drawings, contracts, agreements, warranties, sales agreements, development agreements, construction agreements, maintenance agreements, management agreements, employment agreements, service agreements, advertising agreements and marketing agreements with respect to the Property (collectively, "Contracts"), it being understood that PURCHASER may decide not to accept an assignment of anyone or more of the Contracts, and that SELLER shall be required to obtain any necessary consents to the assignment of any Contract; 2. Earnest Money. a. Simultaneously with the execution of this Agreement, Purchaser shall deposit with the law firm of Goren, Cherof, Doody & Ezrol, P.A., in trust (the "Escrow Agent"), by certified or cashier's check or by wire transfer of funds, an earnest money deposit in the amount of Five Thousand Dollars ($5,000.00) (said amount, together with any additional sum deposited by Purchaser with the Escrow Agent and all interest accruing thereon, being herein referred to collectively as the "Earnest Money"). The Earnest Money shall be held in escrow by the Escrow Agent and invested in a state or national banking association interest-bearing account chosen by Purchaser and Seller and held and disbursed in accordance with the terms and provisions of this Agreement. Except as otherwise provided herein, the Earnest Money shall be paid over to Seller and credited against the Purchase Price (as hereinafter defined) at the Page 2 of 16 consummation of the sale by Seller and the purchase by Purchaser of the Property in accordance with the terms and provisions of this Agreement (herein referred to as the "Closing"). 3. Purchase Price and Payment The purchase price to be paid by Purchaser to Seller for the Property (hereinafter referred to as the "Purchase Price") shall be the sum of One Hundred Seventy Thousand and 00/100 ($170,000.00) which Purchase Price shall be paid by Purchaser to Seller at the Closing in cash, by certified or cashier's check or by wire transfer of funds, subject to appropriate credits, adjustments and prorations as herein below provided. 4. Inspection Period. Purchaser shall have ninety (90) days from the Effective Date (hereinafter referred to as the "Inspection Period"), to determine, in Purchaser's sole and absolute discretion, that the Property is suitable and satisfactory for Purchaser's intended use. In the event Purchaser notifies Seller in writing within the Inspection Period that Purchaser is not satisfied, in Purchaser's sole discretion, with Purchaser's inspection of the Property and that Purchaser does not intend to proceed with the purchase of the Property, then the Earnest Money plus all accrued interest shall be immediately returned to Purchaser and this Agreement shall automatically terminate and be null and void and neither party shall have any further liability or obligation hereunder. SELLER shall provide to PURCHASER documents within seven (7) calendar days of the Effective Date which SELLER may have in its possession pertaining to the Property including, but not limited to, all site plans, plans and specifications for any development of or construction on the Property, all information and documentation regarding the environmental status of the Property (such as Phase I and Phase II environmental reports), title insurance policies/commitments, surveys, easements, rights of way, construction drawings, blue prints, soil tests/reports, pennits, approvals, architectural plans, engineer's drawings, structural reports, licenses, permits, tax assessments, tax receipts, notices of special assessment, notices of sewer fees, notices of water fees, restrictive covenants, variances, rezoning petitions/approvals, engineering plans, service contracts, leases, contracts, agreements, occupancy agreements, rental agreements, developer agreements, sales tax reports, insurance policies, notices and correspondence from any local, state or federal governmental agency or authority, pleadings, notices of pendency, notices and correspondence from insurers. PURCHASER'S obligations hereunder are expressly contingent upon the SELLER's ability to deliver to PURCHASER and the delivery to PURCHASER of (i) good, marketable and insurable fee simple title to the Property, free and clear of liens, encumbrances and restrictions and (ii) good and lien-free title to the Personal Property. 5. Access to Property and Information by Purchaser. a. Access to Property. At all reasonable times and upon reasonable notice during the Inspection Period Purchaser shall have the privilege of going upon the Property with its agents and engineers needed to inspect, examine, survey and otherwise undertake those actions which Purchaser, in its discretion, deems necessary or desirable to detennine the suitability of the Property for Purchaser's intended USes thereof. Said privilege shall include, without limitation, the right to make surveys, soils tests, borings, percolation tests, compaction tests, environmental tests and tests to obtain any other information relating to the surface, Page 3 of 16 subsurface and topographic conditions ot the Property. Purchaser agrees to mdemnify and ho harmless Seller from and against all tos~,. claim or action in connection with or by virtue or aT of Purchaser's actions pursuant to tne lenns of this Agreement Additionally, m the evenl termination of this Agreement PurChaser. al Purchaser's expense, shall restore the Propen. substantially the same condition as exists as of the date hereof b. Environmental Testing. Prior to the expiration of the Inspection Peno( Purchaser may, in Purchaser's sole discretion and at Purchaser's expense, have the Propert) tested, surveyed and inspected to detenlline if the Property contains any hazardous or toxic substances, wastes, materials, pollutants or contaminants. As used herein. "Hazardous Substances" shall mean and include all hazardous and toxic substances, wastes or materials, any pollutants or contaminates (including, without limitation, asbestos and raw materials which include hazardous components), or other similar substances, or materials which are included under or regulated by any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean-up, including, without limitation, "CERCLA" "RCRA", or state super lien or enviromnental clean-up statutes (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). Prior to the expiration of the Inspection Period, Purchaser may obtain a hazardous waste report (the "Report") prepared by a registered engineer, which Report shall be satisfactory to Purchaser in its sole discretion. In the event Purchaser determines that the Report is not satisfactory, Purchaser may terminate this Agreement and receive a return of the Earnest Money, both parties thereby being relieved of all further obligations. 6. Survey and Title Matters. a. Survey. Within fifteen ( 15) days of the Effective Date, PURCHASER shall order a current survey of the Property (the "Survey"). PURCHASER shall be responsible for all costs and expenses related to the preparation of the Survey. The Survey shall locate all improvements, if any, situated upon the Property and shall locate and identify with the relevant recording information all utility lines and access, easements, streets, rights-of-way and other man~made objects, and locate all other matters not of record which are ascertainable by a visual inspection of the Property. The survey shall be certified to the Purchaser, Purchaser's Attorney and the Title Company (as defmed below), and shall certify that such Survey was Boundary survey prepared in accordance with 1999 ALTNACSM Minimum Standard Detail Requirements and State of Florida Minimum Technical Standards as set forth by the Board of Professional Surveyors and Mappers, Chapter 61G17-6, Florida Administrative Code, per Section 472.027, Florida Statutes. The Survey shall also contain such other matters as are required by the Title Company. The Survey shall include a certification setting forth the number of acres situated within the perimeter of the Property. The Surveyor's seal shall be affixed to the Survey. At Purchaser's election, the legal description set forth in the Survey shall be substituted for the description of the Property set forth herein and such substituted legal description shall be used in the General Warranty deed and other documents to be delivered by Seller to the Purchaser or the Title Company at the Closing. b. Title Insurance. SELLER shall furnish PURCHASER within three (3) days of the Effective Date copies of all existing title insurance policies, title commitments, title searches, title abstracts and surveys relating to the Property within SELLER's possession or control. PURCHASER shall order, Page 4 of 1 6 within ten (10) business days of receipt by PURCHASER's attorneys of the items referred to in the previous sentence, (i) a current commitment for owner's title insurance in the amount of the allocated Purchase Price covering Property and all beneficial easements and (ii) current instrument survey dated after this Agreement certified to PURCHASER prepared by a licensed land surveyor according to 2005 ALTNASCM Standards showing the boundaries of Property, the location of any easements (benefiting and burdening), rights-of-way, improvements and encroachments thereon and certifying the number of acres. PURCHASER may order at its sole cost and expense UCC and/or litigation=searches. PURCHASER shall have the right to raise objections to the status of title to the Property. Without limitation, one or more liens, encumbrances, restrictions, covenants, easements, rights of way or other matters affecting title shall constitute title defects to which PURCHASER may object, in PURCHASER'S sole and absolute discretion. PURCHASER or PURCHASER's attorneys shall notify SELLER or SELLER's attorneys, in writing, of PURCHASER's title objections and/or defects in title on or before the expiration of the Inspection Period. SELLER shall notify PURCHASER, in writing, within ~ (1Q) days after receipt of PURCHASER'S title objections stating (i) which objections SELLER shall cure at or prior to the Closing and (ii) which objections SELLER has elected not to cure. rfSELLER fails to notify PURCHASER within such ten (10) day period, SELLER shall be deemed to have elected not to cure any of the title objections. In the event Seller fails or refuses to cure any title objection raised by Purchaser at or prior to closing, then Purchaser may, at its option (i) terminate this Agreement and receive an immediate refund of all earnest money plus accrued interest, whereupon the Agreement shall be deemed null and void and of no force and effect, and no party hereto shall have any further rights, obligations or liability hereunder; or (ii) accept title to the Property subject to such title objection(s). There shall be no material change in the business conducted on the Property between the Effective Date hereof and the Closing Date. The SELLER shall not alter, modify, add to, demolish or construct any buildings or improvements on Property, or excavate on or otherwise alter or renovate the building thereon, without PURCHASER'S prior written consent. c. No Additional Encumbrances. From and after the date hereof, Seller shall not, without obtaining Purchaser's prior written consent in each instance, create, incur, consent to or permit to exist, any easement, restriction, right-of-way, reservation, mortgage, lien, pledge, encumbrance, lease, license or occupancy agreement which in any way affects the Property or any portion thereof other than those of record as of the date hereof and Seller hereby covenants that Seller shall comply with and abide by all of the terms and provisions of such existing easements, restrictions, rights-of.way, reservations, mortgages, liens, pledges, encumbrances, leases, licenses and occupancy agreement through the date of Closing hereunder. 7. Closing Date and Closing Procedures and Requirements. a. Closing Date. The closing (the "Closing") shall be held on or before September 16, 2009, at the offices of Goren, Cherof, Doody, & Ezrol , P.A., 3099 East Commercial Blvd., Fort Lauderdale, FL 33308, on a date and at a time selected by Purchaser upon written notice to Seller at least five (5) days prior to the Closing Date. b. Conveyance of Title. At the Closing, Seller shall execute and deliver to Purchaser a General Warranty Deed conveying fee simple marketable record title to the Property to Purchaser, subject to the Permitted Exceptions including but not limited to the following: Page 5 of 16 1. Zoning and other ordinances of the governmental autl10mw having jurisdiction over the Property, 11. Mineral reservations of record, 111. Use restrictions of records, and IV. Easements of record for utilities, drainage and roads. Seller and Purchaser agree that such documents, resolutions, certificates of good standing and certificates of authority as may be necessary to carry out the terms of this Agreement shall be executed and/or delivered by such parties at the time of Closing, including, without limitation, an owner's affidavit in form sufficient to enable the Title Company to delete all standard title exceptions other than survey exceptions from the Title Policy and a certificate duly executed by Seller certifYing that Seller is not a foreign person for purposes of the Foreign Investment in Real Property Tax Act (FIRPTA), as revised by the Deficit Reduction Act of 1984 and as may be amended from time to time. c. Prorating of Taxes and Assessments. The CRA and Seller shall comply wIth Section 196.295 Florida Statutes (2008) with the respect to the payment of prorated ad valorem taxes for the year of closing by Seller paying into the Registry of the Palm Beach County Tax Collector's office an amount determined by the Tax Collector to be due up to the actual day of closing. In the event that subsequent to closing the actual amount of assessed ad valorem taxes for the Property for the year of closing is higher than the estimate and monies paid into the Registry, then the Seller shall be responsible for the additional tax. In the event the actual amount due is lower than the amount paid into the Registry, the Seller shall be entitled to receive as cl refund the excess amount paid over the actual amount of taxes due. This provision shall survive closing. 8. Warranties and Representations of Seller. To induce Purchaser to enter into this Agreement and to purchase the Property, Seller, In addition to the other representations and warranties set forth herein, makes the following representations and warranties to the best of the Seller's knowledge, each of which is material and is being relied upon by Purchaser and shall survive Closing hereunder: a. That to the best of the Seller's knowledge there are no actions, suits or proceedings of any kind or nature whatsoever, legal or equitable, affecting the Property or any portion or portions thereof or relating to or arising out of the ownership of the Property, in any court or before or by any Federal, state, county or municipal department, commission, board, bureau, or agency or other governmental instrumentality. b. That to the best of the Seller's knowledge Seller has the full right, power and authority to enter into and deliver this Agreement and to consummate the purchase and sale of the Property in accordance herewith and to perform all covenants and agreements of Sellel hereunder. C. That the execution and delivery of this Agreement and the consummation of the transaction contemplated herein shall not and do not constitute a violation or breach by Seller of any provision of any agreement or other instrument to which Seller is a party or to which Seller may be subject although not a party, nor result in or constitute a violation or breach of any judgment, order, writ, injunction or decree issued against Seller. Page 6 of 16 d. To the best of SELLER's knowledge, Hazardous Materials (as defmed below) are not present at, in, on or under the Property, or any part thereof. The SELLER has not received any notice of or information reflecting any violation of Environmental Laws (as defmed below) related to the Property (or any portion thereof) or the presence or release of Hazardous Materials on or from the Property (or any portion thereof). No clean up, investigation, remediation, administrative order, consent order, agreement or settlement is in existence with respect to the Property or, to the knowledge of SELLER, is any such investigation, remediation, administrative order, consent order, agreement or settlement threatened, planned or anticipated. The SELLER has not engaged in or permitted any release, spill, generation, disposal, storage or handling of any Hazardous Materials on the Property, or any part thereof. There are no underground storage tanks located on, in or under the Property. The term "Environmental Law or Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. ~~9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Appendix ~~1801, et. seq.), the Resource Conservation and Recovery Act, as amended, (42 U.s.C. ~~9601, et. seq.), and the Toxic Substances Control Act, as amended (15 U.S.C. ~~2601, et. seq.) and all other federal laws and regulations governing the environment, including laws relating to petroleum and petroleum products, together with their implementing guidelines, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws and regulations recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any substance, material, waste, pollutant or contaminant listed or defmed as hazardous or toxic under any Environmental Law, including without limitation, flammable, explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste, radioactive waste, mold, petroleum and petroleum products or constituents, methane and any other toxic or hazardous material. SELLER will give immediate oral and written notice to PURCHASER of SELLER'S receipt of any written notice involving a violation, threat of violation or suspected violation of any Environmental Law. SELLER has no knowledge of any tenant or occupant at the Property who is storing any Hazardous Materials at the Property. e. All real property taxes, assessments, sewer charges, water bills and utility charges affecting the Property have been paid when due, prior to delinquency, and are current f. In the event that SELLER learns that any of the representations and warranties contained in or referred to in this Agreement is or will become inaccurate, SELLER shall give immediate detailed written notice thereto to PURCHASER. g. Except for the representations, warranties, covenants, agreements and indemnities set forth in this Agreement, SELLER makes and shall make no representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Except as otherwise expressly set forth herein, PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property. Page 7 of 16 9 Deliveries and Covenam~, The SELLER shall convey good and msurable lee simple title to the Property, and shall conw lien free title to the Personal Property. to PURCHASER on the Closing Date. On the ClosJni Date, SELLER shall deliver to PURCHASER. the following: (a) The General Warranty Deed (which shall contain the lega description set forth in PURCHASER's final title insurance commitment, and shown 01, the survey obtained by PURCHASER, and which shall include all rights under beneficial easements). SELLER furnish PURCHASER with the proposed Deed for review prior to Closing. (b) Assignment and Assumption Agreements (to be executed by both SELLER and PURCHASER), pursuant to which the SELLER shall assign to PURCHASER all of its rights under all Pennits, Leases and Contracts to be assigned to PURCHASER in accordance with the terms hereof. (c) Certificates and Indemnities regarding sales tax, use tax and brokers' commissions. SELLER and PURCHASER agree that PURCHASER will not inherit or assume any sales or use tax liability, as a result of unpaid sales and/or use tax obligations. (d) Evidence of the existence, authority and good standing of the SELLER, including but not limited to its Organizational Documents (and all amendments), current good standing certificates, consents or resolutions, and such other documentation as may be reasonably required by the Escrow Agent and/or PURCHASER's counsel. SELLER shall furnish PURCHASER with copies of all of the aforementioned documentation for review prior to Closing. (e) Possession of the Property free and clear of all parties III possession except tenants under the Leases, and all keys, codes and other security and mechanical devices for the Property, including a listing and labeling thereof (f) Proof of payment of all sales tax, use tax, real property taxes. assessments, water bills and other taxes or fees pertaining to the Property, and/or the business conducted on the Property. SELLER shall pay all such taxes and fees at or prior to Closing. 10. Risk Of Loss. Except as set forth below, risk of loss or damage from fire or other casualty is assumed by the SELLER until the General Warranty Deed and Bill of Sale are delivered by the SELLER to PURCHASER. In the event that any portion of the Property is destroyed or rendered unleaseable by fire or other casualty then the following shall apply: (a) If the cost to repair the damage to Property, as determined by the insurance adjuster, is not more than $50,000, PURCHASER shall complete the transaction hereunder and all insurance proceeds (including property/casualty, rent loss and business interruption) shall be assigned to and paid to PURCHASER. The SELLER shall pay to PURCHASER on the Closing Date the full amount of any deductible under Page R of 16 such Company's fIre and extended coverage insurance policy, or PURCHASER shall be given a credit therefor at Closing. PURCHASER shall also be given a credit at Closing in an amount equal to any uninsured loss. (b) If the cost to repair the damage to the Property, as determined by the insurance adjuster, is more than $50,000, PURCHASER shall have the option to (i) complete the transaction hereunder and collect all insurance proceeds (including property/casualty, rent loss and business interruption) or (ii) terminate this Agreement by providing written notice to SELLER and receive an immediate return of all earnest monies plus all accrued interest. 11. Conditions Precedent to Closing. PURCHASER shall not be obligated to close under this Agreement unless each of the following conditions precedent shall be satisfied or waived by PURCHASER on or prior to the Closing Date: (a) No Breach. SELLER, shall not be in breach of this Agreement. (b) Accuracy of Representations. The representations and warranties in this Agreement shall be true and correct in all material respects on and as of the Closing Date as if they were made on the Closing Date. (c) Material Change. There shall not have occurred (i) a national emergency, act of God (such as a flood, earthquake or tropical storm event), act of terrorism or war that has a material adverse effect on the Property, such that the potential operation for self storage purposes is impaired or infeasible, (ii) a release of Hazardous Materials at Property, (iii) a material change in the status of any improvements or (v) a change in status of title to all or any part of the Property subsequent to the effective date of the Title Commitment to be issued by Purchaser's counsel. PURCHASER shall have access to the Property subsequent to the expiration of the Inspection Period at reasonable times upon reasonable notice, and may conduct a final inspection of the Property prior to Closing. (d) Within ten (10) days prior to the expiration of the Inspection Period, SELLER shall provide PURCHASER with written tenant estoppel certificates from all tenants having any interest in the Property. 12. Adjustments at Closing. The following are to be apportioned pro-rata as of the Closing Date: All non-delinquent rental payments, non-delinquent sewer charges, as well as water and utility charges if same are appropriate to adjust. To the extent not furnished by the Escrow Agent, SELLER shall submit to PURCHASER receipts evidencing the payment of taxes, assessments, electric charges, water charges, sewer charges and other utilities through the Closing Date. PURCHASER will be given a credit at Closing for all security deposits (if any) and prepaid rents which have been paid to the SELLER as of the Closing Date. Any rental payments which have come due, but are not paid, by the Closing Date shall belong to PURCHASER and may be collected by PURCHASER from Page 9 of 16 the tenants after the Closing Date. SELLER shall prepare a schedule of delinquent ano prepaia rentals, and security deposits, as of the Closing Date All such delinquent rent~ collected by PURCHASER after the Closing Date may be retained by PURCHASER The SELLER shall not be entitled to a credit for delinquent renl SELLER shall nol collect any delinquent rent or other sums after the Closing, and any such rent or otheJ sums received shall be delivered to PURCHASER. All rental payments applicable to the Closing Date shall belong to, and shall be adjusted in favor of. PURCHASER ] 3. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law, provided that such enforcement comports with the parties' intentions as set forth in this Agreement. The terms of this Agreement shall not be construed against PURCHA SER despite the fact that PURCHASER or its counsel prepared it. 14. Off Market; Confidentiality. (a) While this Agreement is in effect, the Property (nor any part thereof) may not be listed or offered for sale or lease; nor may any third party offer involving all or any portion of the Property be sought or solicited. While this Agreement is in effect, the SELLER may not accept or enter into any option, right of first refusal, letter of intent, memorandum of understanding, lease, agreement, offer or contract. Notwithstanding anything to the contrary contained in this Agreement, the liabilities of SELLER set forth in this Section 20(a) shall survive the Closing or termination hereof. (b) While this Agreement is in effect, SELLER, shall not (i) solicit or encourage inquiries or proposals with respect to the Property, or any portion thereof, (ii) engage in any negotiations concerning the Property, or any portion thereof, (iii) provide any confidential information to, or disclose this Agreement and/or its terms to, any third party or (iv) negotiate the sale of the Property, or any part thereof with any person or entity. 15.. Successors. This Agreement shall bind, and shall inure to the benefit ot~ SELLER and PURCHASER, and the respective heirs, legal representatives, successors and assigns of SELLER and PURCHASER. 16. Counterparts; Captions. This Agreement may be executed in counterparts, which counterparts shall be deemed originals for all purposes, and which together shall be deemed one agreement. Captions and headings in this Agreement are for convenience only, and shall not be interpreted to limit the scope or meaning of any provision hereof. 17. Warranties and Representations of Purchaser. To induce Seller to enter into this Agreement and to sell the Property, Purchaser, in addition to the other representations and warranties set forth herein, makes the following representations and warranties to the best of the Purchaser's knowledge, each of which is material and is being relied upon by Seller and shall survive Closing hereunder; Page 10 of 16 a. That to the best of the Purchaser's knowledge Purchaser has the full right, power and authority to enter into and deliver this Agreement and to consummate the purchase and sale of the Property in accordance herewith and to perform all covenants and agreements of Purchaser hereunder. b. That the execution and delivery of this Agreement and the consummation of the transaction contemplated herein shall not and do not constitute a violation or breach by Purchaser of any provision of any agreement or other instrument to which Purchaser is a party or to which Purchaser may be subject although not a party, nor result in or constitute a violation or breach of any judgment, order, writ, injunction or decree issued against Purchaser. 18. Defaults. If SELLER, shall fail or refuse to consummate the transaction in accordance with the terms of this Agreement as a result of material breach hereof by SELLER, PURCHASER may, in its sole discretion, either (a) seek equitable relief to enforce the terms of this Agreement by way of specific performance or (b) terminate this Agreement on written notice to SELLER, and receive an immediate refund of the Earnest Money, plus all interest thereon, and PURCHASER may recover from SELLER, and SELLER shall promptly pay to PURCHASER, all costs and expenses (including attorneys' fees, court costs, disbursements and costs of appeal) incurred by PURCHASER in connection with this Agreement. In the event Purchaser fails to comply with or perform any of the conditions to be complied with or any of the covenants, agreements or obligations to be performed by Purchaser under the terms and provisions of this Agreement, Seller's sole and exclusive remedy for any such default shall be, upon giving written notice to Purchaser and Escrow Agent as herein provided, to receive the Earnest Money from Escrow Agent as full liquidated damages, whereupon this Agreement and all rights and obligations created hereby shall automatically terminate and be null and void and of no further force or effect whatsoever. Purchaser and Seller acknowledge that it would be difficult or impossible to ascertain the actual damages suffered by Seller as a result of any default by Purchaser and agree that such liquidated damages are a reasonable estimate of such damages. Purchaser acknowledges and agrees that Purchaser was materially induced to enter into this Agreement in reliance upon Seller's agreement to accept such Earnest Money as Seller's sole and exclusive remedy and that Purchaser would not have entered into this Agreement but for Seller's agreement to so limit Seller's remedies. 19. Assignment. All or any portion of Purchaser's rights and duties under this Agreement shall be transferable and assignable to an entity owned by, controlled by or affIliated with Purchaser; however, in the event of any such transfer or assignment, Purchaser shall remain personally liable for the performance of all obligations, covenants, conditions and agreements imposed upon Purchaser pursuant to the terms of this Agreement or otherwise in connection with the transaction contemplated hereby. Any other assignment shall require the prior written consent of Seller, which may be unreasonably withheld by Seller in Seller's sole discretion. 20. Contingencies. PURCHASER'S obligations under the Agreement IS contingent upon the following: (a) That the PURCHASER is fully satisfied with its due diligence investigation conducted during the investigation period. (b) The conveyance of clear and marketable title to the property. (c) The ability of PURCHASER to obtain a release of City Code Enforcement liens Page 11 of 16 (d) That the environmental audit that is satisfactory and acceptable to PURCHASE (e) That the real estate appraisal IS acceptable to PURCHASER. (d) The Boynton Beach Community Redevelopment Agency authorizes the transactJ0' on or before June 9th, 200t 21. Condemnation In the event the Property or any portion or portions hereof shall be taken or condemned or be the subject of a bona fide threat of condemnation by any governmental authority or other entity prior to the Closing Date, Purchaser shall have the option of terminating this Agreement by giving written notice thereof to Seller and the Escrow Agent whereupon the Earnest Money shall be immediately refunded by Escrow Agent to Purchaser, and this Agreement and all rights and obligations created hereunder shall be null and void and of no further force or effect. 22. Real Estate Commission. Purchaser hereby represents and warrants to Seller that Purchaser has not engaged or dealt with any agent, broker or fmder in regard to this Agreement or to the sale and purchase of the Property contemplated hereby. Purchaser hereby indemnifies Seller and agrees to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. Seller hereby represents and warrants to Purchaser that Seller has not engaged or dealt with any agent, broker or fmder in regard to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or fmder engaged by Seller whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. 24. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, transmitted electronically (i.e., via email) or within three (3) days after depositing with the United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or within one (1) day after depositing with Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: Page 12 of 16 To Purchaser at the following address: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Phone: 561-737-3256 Facsimile: 561-737-3258 with a copy to: Donald J. Doody Goren, Cherof, Doody & Ezrol, P .A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 To Seller at the following address: Jerry L and Melody A. Brandom 900 NW 22nd Avenue Delray Beach, FL 33445 To Escrow Agent: Donald J. Doody Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 or to such other address as either party hereto shall from time to time designate to the other party by notice in writing as herein provided. 25. Escrow Agent. Escrow Agent shall not be entitled to any fees or compensation for its services as escrow agent hereunder. Escrow Agent shall be liable only to hold the Earnest Money, to invest same as provided for herein, and to deliver same to the parties named herein in accordance with the provisions of this Agreement. Escrow Agent, as escrow agent, is acting in the capacity of a depository only, and shall not be liable or responsible to anyone for any damages, losses or expenses unless same shall be caused by the gross negligence or willful malfeasance of Escrow Agent. In the event of any disagreement among any of the parties to this Agreement or among them or any of them and any other person, resulting in adverse claims and demands being made in connection with or for any Property involved herein or affected hereby, Escrow Agent shall be entitled to refuse to comply with any such claims or demands as long as such disagreement may continue, and in so refusing, shall make no delivery or other disposition of any Property then held by it under this Agreement, and in so doing Escrow Agent shall not become liable in any way for such refusal, and Escrow Agent shall be entitled to continue to refrain from acting until Page 13 of 16 (a) the rights of adverse claimants shall have been finally settled hy binding arbitration or finalh adjudicated in a court assuming and having jurisdictlOn uj the Property involved herein affected hereby, or (b) all differences shall have been adjusted by agreement and Escrow Agenl shall have been notified in writing of such agreement signed hy the parties hereto. Further Escrow Agent shall have the right at any tin1e after a dispute between Seller and Purchaser ha~ arisen, to pay any deposits held by it into any court of competent jurisdiction for payment to tne appropriate party, whereupon Escrow Agent's ohligations hereunder shall tenninate 26. General Provisions. No failure of either party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom or practice at variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. This Agreement contains the entire agreement of the parties hereto, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. Any amendment to this Agreement shall not be binding upon any of the parties hereto unless such amendment is in writing and executed by Seller and Purchaser. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, personal representatives, successors and assigns. Time is of the essence of this Agreement. Wherevcl under the terms and provisions of this Agreement the time for perfonnance falls upon a Saturday. Sunday, or Legal Holiday, such time for performance shall be extended to the next business day. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. The headings inserted at the beginning of each paragraph are for convenience only, and do not add to or subtract from the meaning of the contents of each paragraph. Seller and Purchaser do hereby covenant and agree that such documents as may be legally necessary or otherwise appropriate to carry out the terms of this Agreement shall be executed and delivered by each part at the Closing This Agreement shall be interpreted under the laws of the State of Florida. 27. Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or enforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. 28. Attorneys' Fees. In the event of any dispute hereunder or of any action to interpret or enforce this Agreement, any provision hereof or any matter arising here from, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including, but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses whether suit be brought or not, and whether in settlement. in any declaratory action, at trial or on appeal. This provision shall survive Closing or the termination of this Agreement. Page ]4 of]6 EXHIBIT "A" Legal Description LOT 1, LESS THE WEST 7.5 FEET THEREOF, HILLTOP VILLAGE, ACCORDING TO THE PLAT THEREOF, ONFILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 24, PAGE 70. PCN: 12-43-46-17-42-002-0050 H:\2009\090269\PURCHASE AGREEMENT .doc Page 16 of 16 29. Effective Date. When used herem. the term "Effective Date" or the phrase "the date hereol ur.the date of thi" Agreement" shall mean the last date upon which this Agreement becomes fu II \' ex ecuted. 30. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffIcient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. IN WITNESS WHEREOF, Purchaser, Seller and Escrow Agent have caused this Agreement t(1 be executed as of the dates set forth below. "PURCHASER" WITNESSES: BOYNTON BEACH eRA BY: Print Name: Date: Print Name: W~7nt_~ Print Name: M///V~~~. pt;'4.6" "SELLER" / / ~.~. ~~ . . J. 4~;!-T ". ,:,,{~:.; Pnnt Name: L';}tkL .~.,;:; t-1' I, l4t, .. 5 / ....-;; " c. . ''\,-t..'" ""- /f-OZ'L......_ ".~Ll6-"'" ...... i JE~i~ ~RA6NDOM D !. ( v "'. ).r.U)f', ('I') ate. <..... I i By: .// j' , ',~dJJI-ILl!){ ~.,... ~~ t 7' 1 / v' ~g/. ~ ~'.,~ ." ,~". //.. Print Name: t.:WQ.-Jk6 ~/ 4fin -.:::;; Date: Page 1 5 of 16 XI. OLD BUSINESS: A. Heart of Boynton Strategies 4. Consideration of Contract with Barbara Rudd for the property located at 306 NE 11th Avenue eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of Purchase Contract with Barbara Rudd for the property located at 306 NE 11th Avenue SUMMARY: The CRA has been presented with the opportunity to purchase the property adjacent to parcels currently owned by both the CRA and the City of Boynton Beach within the MLK corridor. Recent direction from the CRA Board as well as the Community Committee has been to focus acquisition efforts on nuisance properties, parcels adjacent to CRA or City owned properties and other opportunity purchase offers within the HOB and MLK redevelopment corridor area. Staffhas been negotiating with Ms. Barbara Rudd for her property located at 306 NE 11th Avenue, identified as property #3 on the attached map. The property consists of two parcels and is adjacent to parcels currently owned by the CRA and the City of Boynton Beach at the comer ofNE 2nd Street and NE 11th Avenue. The property is vacant with an approximate gross lot area of 6,000 sq. ft. Ms. Rudd is offering the property to the CRA for a purchase price of $90,000 subject to verification by an appraisal. FISCAL IMP ACT: Up to $90,000 to come from Project Fund 02-58200. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Staff recommends entering into a Purchase Agreement with Ms. Barbara Rudd for the property located at 306 NE 11 th A venue for a purchase price of $90,000 subject to the terms and conditions of the Purchase Agreement. ~J/~$~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Rudd purchase.doc \ ~) ) '-) 1- /- PURCHASE AGREEMENT Page I of 12 PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defIned), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and Barbara J. Rudd, a single woman (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALElPROPERTY. SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and more particularly described as follows and is subject to verification by a survey: Legal Description: The North 65 feet of the West Y2 of Lot 9, Block 4, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA, according to Plat thereof, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, AND Parcel Number: 08-43-45-21-22-004-0101 Together With: The North 75 feet of Lot 10, Block 4, of MEEKS AND ANDREWS ADDITION, according to Plat thereof, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida Parcel Number: 08-43-45-21-10-004-0120 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ninety Thousand and 00/100 ($90,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the Effective Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit in the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit"). 3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If C:\Documents and Settings\Scon Reale\Local Senings\TemporafY Inteoyt Files\OLKFA\Barbara Rudd Purchase Agnnnt 5-29-09 (3J,doc PURCHASf:. M,Rl"i'i\1Lh' Page 2 of this Agreemem tem1inated due to a default pursuant to Section '.111. Deposi t shall delivered to (or retained by, as applicable) the non-defaulting Parl\. and Uw nnn..defaulting PaIT\ shall have such additional rights, if any, as are provided in Section :' ~ . Escrow Agent (~RA and SELLER authorize l-:.scrO\\' Agent to receive. deposit and hold funds in escrO\v and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items t(, CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrm\'. Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will he arbitrated. so long as Escrow Agent consents to arbitrate. 4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS. EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on (1, before May 13. 2009, the Deposit will. at CRA's option, be returned and this offer shall bv deemed withdrawn. Unless othef\vise stated, the time for acceptance of any counteroffers shal i be five (5) days from the date the counteroffer is delivered. The date of this Agreement (thl "Effective Date") shall be the date when the last one of the CRA and SEL LER has signed n1 initialed this offer or the final counteroffer 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before July 30, 2009 (the "Closing"), unless extended by other provisions of this AhYfeemenl or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to eRA. b) Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined L valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Pennitted Exceptions"): (a) covenants, conditions. easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7). to which eRA fails to object. or which eRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. eRA. and CRA's agents, employees, designees. Contractors, appraisers, surveyors, engineers. architects. attorneys and other consultants (collectively, "Agents") shall have sixty (60) days from the Effective Date of this Agreement ("Feasibility Period"), at CRA's expense, to make inquiries of, and meet v.ith members oj Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do nOl result in a business interruption, to perform any and all appraisals, physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations. which CRA may deem necessary. During this Feasibility Period, CRA may elect. in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. I j C\Documents and Settillg.~\..'icott Reale\Local scningslTemporary InterT!!t Files\OLKF A\Barbar3 Rudd Purchase Agnnnt 5-29-09 (3) doc -- PURCHASE AGREEMENT Page 3 of 12 CRA elects to terminate this Agreement in accordance with this Section, eRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA' s testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 SELLER' Documents: SELLER shall deliver to CRA the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmeiltal, engineering, surveys, soil borings and other physical reports), permits, licenses, variances, building plans, and engineering plans in SELLER' possession or control with respect to the physical condition of the Property, ifany. 7.2 Title Review. Within ten (to) days of the Effective Date, CRA shall obtain, at the CRA's expense, from legal counsel for the CRA, a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall immediately be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue C:\Documenls and SellingslScotl Reale\Local Settings\Temporary ]nle~l Files\OLKFA\Barbara Rudd Purchase Agrmnl 5-29-09 (3) doc iJURe HASt ;\( iRE! MEN r t1 an updated Title Commitment ("Title Update") covenng the hoperty, If any Title Update contains any conditions which did not appear in the Title Commitment. and such items render title unmarketable, CRA shall have the right to object to such new or different conditions if! \\Titing prior to Closing. All rights and objections of the Parties with respect to objectiollS arising from the Title Update shall be the same as objectlOns to items appearing in the Titlt- Commitment, subject to the provisions of this Section, 7.3. Survey Review'. CRA, at CRA's expense, may obtain a current boundar) survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest I /I OOth of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7 1 concerning title objections. 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on thl.' purchase of the Property unless each of the following conditions (collectively, the "Conditions t" Closing") are either fulfilled or waived by CRA in \vriting: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Approval by CRA Board. The Purchase Agreement is contingent upon the approval and authorization by the CRA Board. 8.2, Condition of Property. The physical condition of the Property shall be thl.' same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever. pending or threatened, which has not been disclosed, prior to closing, and accepted by eRA. 8.4. Compliance with Laws and ReQulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes. requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the eRA at time oj closing unoccupied, The SELLER hereby warrants that the current tenants are on a month-to- month basis, were given proper notice to vacate and there are no leases on the property. 8.6 VerifIcation of Purchase Price. The CRA and SELLERS agree that this Agreement is contingent upon the Purchase Price being verified by an appraisal conducted by a professionally licensed residential appraiser at the CRA's expense. If the Purchase Price exceeds the appraised value, the CRA shall have the right to terminate this Agreement under the terms of Section 7 of this Agreement. C \Documents and Scnings\Scott Reale\Local Senings\TemporaT) InteT1Jf1 Files\OLKFA\Barbara Rudd Purchase Agrmnl ).29-09 (3) doc _.-.....mu PURCHASE AGREEMENT Page 5 of 12 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered, to eRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to eRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions oftitle other than the Pennitted Exceptions. 9.2 SELLER'S Affidavits. SELLER shall furnish to CRA an o\\-TIer's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as CRA may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the tenns of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Taxes, assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2. Special Assessment Liens. Certified, confinned and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending C:\Documents and Senings\Scoll Reale\Local Sellings\Temporllry Intenst Files\OLKF A\Barbara Rudd Purchase Agrmnt 5-29-09 (3) doc f'liRCHAS!: ACiRHMFNI fr~u!c h ~ \,. 1 - I.lens as of Closing shall be assumed by eRA. !l tnc nnpro\'cment has been substantialh completed as of the Effective Date, any pending lien shall [)e considered certified, confirmed Of ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public boo, 10.3. Closing Costs. SELLER shall pay tor all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees. overnight package, etc.). All other costs of closing shall be borne by eRA 10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain. or cause to be obtained, satisfaction or release of record of all mortgages. liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS. COVENANTS AND WARRANTIES. 11.1 SELLER's Representations and Warranties. SELLER hereby represents. covenants and warrants to eRA, as of the Effective Date and as of the Closing Date. as follows: 11.2. Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER. and this Agreement represents a valid and binding obligation of SELLER I J .3. Title. SELLER is and will be on the Closing Date, the o\'mer of valid. good, marketable and insurable fee simple titJe to the Property, free and clear of all liens. encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wTOngful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escro\\ Agent to SELLER as agreed liquidated damages and, thereafter, neither eRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that eRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming 0:- C\Documents and Selllngs\SCnlt ReaklLocal SctlingslTemporary lnte~l Files\OLKFA\Barhara Rudd Purcha~e Agrmnl 5.29-09 (3) doc PURCHASE AGREEMENT Page 7 of 12 through or under eRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER sole remedy shall be retention of the deposit. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. SELLER Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. PriQr to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to SELLER: Barbara J. Rudd 826 Estuary Way Delray Beach, FL 33483 If to Buyer: Lisa A. Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 PH: 561/737-3256 FX: 561/737-3258 With a copy to: James Cheroff CRA Attorney 76 NE 5th Avenue Delray Beach, FL 33483 C:\DocumenlS and Senings\Scon Reale\Local Seltings\Temporary Inlemrl Files\OLKFAlBarbara Rudd Purchase Agrmnt 5-29-09 (3j,doc PURCHASl: Mikt- f-l\i ]',i Page 8 0 t' ' 14. BINDING OBLIGATION/ASSIGNMENT. The temlS ano conditions of thl~~ Agreement are hereby made binding on, and shall inure to the henefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign lis imeresl in this Agreemeni \\ithout the prior written consent of CRA, which shall not be unreasonably withheld. eRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The eRA may not assign this Agreement to any other part:,; without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement and/or the attached Lease Af,rreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time I" time), shall apply. 15. BROKER FEES. The SELLER and BUYER hereby states that they have n01 dealt with a real estate broker in connection with the transaction contemplated by this Agreemenl and are not liable for a sales commission. SELLER shall indemnify. defend and hold harmless the CRA from and against any and all claims, losses, damages, costs or expenses (including. without limitation, attorney's fees) of any kind or character arising out of or resulting from an) agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. Environmental Conditions. 16.1. For purposes of this Agreement. pollutant ("Pollutant") shall mean an:,; hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant petroleum, petroleum product or petroleum by-product as defined or regulated by environmental law's. Disposal ("Disposal") shall mean the release, storage, use. handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal. state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to CRA entering into this Agreement. SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all pennits regarding the Disposal of Pollutants on the Property llT contiguous property owned by SELLER, to the best of SELLER' knowledge (2) SELLER is not av./are nor does it have any notice of any past present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not a\vare nor does it have any notice of any past, present or future events. conditions, activities or practices on contiguous property that is ovmed by SELLER which may give rise to any liability or form a basis for any claim, demand. cost or action relating to the Disposal of any Pollutant affecting the SELLER property. C:'DocumcnIS and Scnings\Scon Rea1e\Local Senings\Temporary Il1lengl Files\OLKF A IBarbara Rudd Purchase Agnnnt :\-29-09 (J) doc :iiIIlN PURCHASE AGREEMENT Page 9 of 12 (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 16.2 Additional Warranties and Representations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information and belief, hereby represents and warrants the following: 16.2.1 There are no pending applications, penn its, petitions, contracts, approvals, or other proceedings \vith any governmental or quasi-governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 16.2.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to eRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 16.2.3 To the best of SELLER' knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmentallaw's and regulations. 16.3 SELLER Deliveries. SELLER shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 16.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 16.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management penn its, wetland resource pem1its, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and all documents and instruments required by CRA, in eRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that eRA desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the C:\Documents and Settings\Scolt Reale\Local Settings\TemporafY Inte",t Files\OLKFA\8arbara Rudd Purchase Agrmnt 5-29-09 (3) doc j'LJRCHASl:: AGREr,MENT Page 10 of Ii Governmental Approvals (including nut nor hmited to any and all portions of the surface \\<11 management system, mitigation areas 0: other items \vhich do not comply witl1 1I Governmental Approvals or applicable rules). j r any. SELLER warrants that there \vill not De. . the time of Closing, any unrecorded instruments affecting the title to the Property, includin~. [:1 not limited to any conveyances, easements. ilcenses or leases 17. MISCELLANEOUS., 17.1. General. This Agreement, and any amendment hereto, may be executea 1; any number of counterparts, each of which shall be deemed to be an original and all of whiel shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, \vritten or oral, between the Parties. This Agreement shall be interpreted in accordance \vith the laws n( the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach Count:, Florida, or, should any cause of action be limited to federal jurisdiction only. in the United States District Court for the Southern District Court of Florida. ] 7.2. Computation of Time. Any reference herein to time periods \V'hich are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the perforn1ance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effectiw Date in the calculation thereof. 17.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the tern1s, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 17.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties As used in this Agreement, or any amendment hereto, the masculine shall include the feminine. the singular shall include the plural, and the plural shall include the singular, as the context ma) require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. C \[)ocumenls and SeningslScoll Reak\Local Senings\Temporary Interro F1les\OLKF A ,Barbara Rudd Purchase Agnnnt 5-29-09(3) doc PURCHASE AGREEMENT Page II of 12 17.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent. be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict there\vith. 17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 17.8. Attornevs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 17.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 17.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 17.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and CRA's possession of the Property. 17.12 SELLER Attorneys ' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. C\Documents and Senings\Scott Reale\Local Settings\Temporary InterpCf Files\OLKFA\Barbara Rudd Purchase Agnnnt 5-29-09 (3).doc .'RCHASE AC;REI~MENI i'a~l' ;:2 of I:' IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective oak. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SELLEI By: _______,_ Print Name: Jerry Taylor Title: Chair ~a ibtAluu Print Name: Barbar' Rudd, a single \voman Witnesses: Witnesses: " . 5:..f:'lIC t~':> I:\Chenl Documents\Bu)'nlon Beaeh CRA\pf Russo\Mise',Purehase Agreement duc C. J)ocumen15 and Settings\Seott Reale\Local SCllings\Tcmporal) Inlcrp2 Files\OLKF A \Barbara Rudd Purchase Agrmnl 5-29-09 (3)dtX XI. OLD BUSINESS: B. Budget Discussion Ai: ~ ~qY~T2~rC. . ~ East Side-West Side-Seaside Rena'lssance eRA BOARD MEETING OF: June 9, 2009 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Budget Update FY 2009-2010 SUMMARY: . Preliminary data from the Palm Beach County Property Appraiser on assessed valuations indicates a reduction of 20% and drop in TIF revenues to $6,320,464, a decline of 24% (see Charts 1 & 2). . Planning for sustained revenue declines due to the economic downturn and the FY 2008-2009 assessed valuation loss of 9.7% resulted in last year's General Fund budget expenses being reduced by 15%. . The preliminary budget shortfall for FY 2009-2010 is $1.8 million. . Staff is evaluating all programs within the CRA's operating budget as well as following City Commission budget recommendations including 0% increases in departmental operations. · The Finance Director will request one-on-one meetings with CRA Board Members during the month of June to review in detail all operations, programs and projects in order to establish Board priorities. Based on Board member input, balanced budget scenarios will be developed. · Staff is suggesting Budget Workshop dates of either Thursday, July 23 or Thursday, July 30. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Select either Thursday, July 23rd or Thursday, July 30th for the CRA's Budget Workshop. ~~ Susan Harris ' Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Budget Update FY 2009-2010.doc CHART 1 Boynton Beach CRA Five Year Summary - Assessed Valuations & TIF Revenue CRA Assessed Tax Increment Valuations % Change Revenue % Change FY 2005-2006 $ 827,149,288 $ 6,076,347 FY 2006-2007 $ 1,132,537,647 36.9% $ 9,088,068 49.6% FY 2007-2008 $ 1,270,885,424 12.2% $ 9,520,342 4.8% FY 2008-2009 $ 1,146,988,153 -9.7% $ 8,315,313 -12.7% I FY 2009-2010 $ 973,033,330 -20.0% $ 6,320,464 -24.0%1 Note: % Change excludes new properties from Southern Boundary Amendment and includes potential 2% adjustment in TIF revenue for true-up , \F-INANCE\TIF\Tlf Hlstorv with grapl, CHART 2 Boynton BeachGRA TIF ~EVENUE TIF Revenue Year Ended Increase vs Prior Year Sept. 30 Amount Percent 2003 $ 1,330,409 Oct 2002 - Sep 2003 N/A N/A 2004 $ 2,517,635 Oct 2003 - Sep 2004 $ 1,187,226 89% 2005 $ 3,871,616 Oct 2004 - Sep 2005 $ 1,353,981 54% 2006 $ 6,076,347 Oct 2005 - Sep 2006 $ 2,204,731 57% 2007 $ 9,088,068 Oct 2006 - Sep 2007 $ 3,011,721 50% 2008 $ 9,520,342 Oct 2007 - Sep 2008 $ 432,274 5% 2009 $ 8,315,313 Oct 2008 - Sep 2009 $ (1,205,029) -13% 2010 $ 6,320,464 Oct 2009 - Sep 2010 $ (1,994,849) -24% Boynton Beach CRA - TIF Revenue History $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 2003 2004 2005 2006 2007 2008 2009 2010 Source: Audited Financial Statements & PBC Property Appraiser Note: FY 2009.2010 based on June 1 estimate from PBC Property Appraiser and includes a 2% adjustment for potential TIF true-up. T:\FINANCE\TIF\TIF History XI. OLD BUSINESS: B. Budget Discussion 1. Consideration of Trolley Service Contract Renewal June 9, 2009 I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of Trolley Service Contract Renewal SUMMARY: The CRA currently operates a trolley program that covers three routes; the North Route, the Southeast Route and the Southwest Route (Exhibit 1- Route Maps). The CRA contracts with Molly's Trolleys to provide the service. The contract with Molly's Trolleys (Exhibit 2 - Trolley Service Agreement) will automatically renew for an additional three year term as of September 30,2009. Currently the CRA's budget line item for all routes is $734,795. CRA staff members have observed on numerous occasions that the trolleys are running with no passengers. To verify the ridership numbers, CRA staff arranged to have interns ride complete trolley routes at various times of the day. The following was observed: . The most utilized route is the North Route. During season the maximum number of riders observed by the interns during a run was 52. The lowest number of riders observed was 6 during a complete run. . The newest routes, the Southeast and Southwest showed very low ridership numbers. During season the highest number of riders on a complete run of the Southeast Route observed was 9. After season, the number dropped to 5 on a complete run. The Southwest Route had a high of 12 riders during season and no riders after season. Based on the independent analysis conducted, one can conclude that the Southeast and Southwest routes are not being utilized very much even during season. The average cost per rider on the Southeast Route, according to the operator's ridership data is $13.68. On the Southwest Rote the cost per rider in 2009 is $17.66 on average. The operator, Molly's Trolleys showed only a 1 % increase in ridership on the North route. Average per ridership cost for the Northern route is $3.47 for 2009. When the trolley service was instituted, there were over 3,700 residential units and 248,355 sq. ft of commercial space approved. Due to the downturn in the economic climate, the actual number of residential units and commercial space being constructed is significantly less. Additionally, many ofthe newly constructed units are, and may remain vacant for the next few years. Therefore, the projected growth of ridership has not occurred. The current mix of commercial and residential uses in the CRA is not yet at the point where an additional transportation system such as the trolley is necessary. The ridership numbers support this premise. The Board may want to also consider in these lean economic times, how the trolley addresses the CRA's core business of slum and blight reduction, economic development and affordable housing. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Trolley Service Contract Renewal.doc . I 3Q'Y'N' ..T-ON C.... ..~ r'"J ; · ........3 t. AC H... .. r\i; 11IIII East Side -West Side-Seaside Renaissance FISCAL IMPACT: If the Board decides to continue the service. the contract term will be for an additional three years at approximately $735.000 per year excluding COLA escalator.,. Jfthc Board determine" that the trolley is not cost efficient and wants to discontinue the service, it must do so by June 29. 2009 in order to provide for the 90 day notice requirement under the existing contract. If the notice hI terminate is not given within 90 days prior to the expiration of the contract. September 30.2009. the contract will renew automaticalh for an additional three years. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor ('ommunity Redevelopment Plan and Transportation Concurrency Exception Area Justification Report RECOMMENDATIONS: Due to the fact that the trolley operates at such a high cost pcr rider and thl' ridership is decreasing or not incr sing as projected, staff is recommending that the T mlley Service Agreement be terminated and noY7e provo "e to Molly's Trolleys of such action under the terms of the Agreement. . / / . . / / -- ~Bk IVlan . roo's Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Trolley Service Contract Renewal.doc Seacrest Blvd m.... ~-'".'~',"'"''''_'''__''''~''' "~,,....J. .,~. , ." "Wciolbrl'ght' "Rcl' 1 \ \ . .~ ~ '1. .'8. ... Congress ... Old Boynton Rd m >< ::I: OJ =i ~, ~~~. ~-,....- P~r~ ~ '.~ .. ~; ...llo South East (Green Line) ;;tI o c .... (1) 3: ~ "C fIj BOYNTON BEACH 'CRA TROLLEY ~ ~ FREE .SOUTH EAST" ROUTE Monday-Friday 9:30am -4:27pm Bethesda Memorial Hospital Route & Hours Effective August 2008 l/, 'I 1.'; hh . I !II ~. ~ , ... .... 8 r:l - Boynton Beach Blvd ,.J:',':;_~,::':-~J;W~~~r.:.:Jt!!'~;m:wr~:;;;;';T2,:::-~, ~-:::";-:,,, rcKYl I !:~~ I ~ ~"UUI' t Boynton Town Square .... 1:1 I library I Ocean Ave s E 4th S t . . "~"".'."' _'0". ._ ''''' ...., "~co ":, . ~"'O"-."~Z'~'~"" ,,~._. """"'-'" '" fi S. Federal Hwy Publlx ~ ~ SE 18th Ave SE 2nd St SW 23rd Ave/Golf Rd SE 26th Ave J - South East \G~~e L~ne -r. Trolley Schedule ~ ~ s-# $1' ~ q:; ~ .s (Q<1J :l NORTHBOUND TO MALL VIA "a .f I J; j' (j I:)li>:,.{r "" ;r; 9 ..!P "" ~;;: iii i ~ Il .$1 .s tt a if dJ ll.~ lJ.~ .if cf BB BLVD & FEDERAL HWY "" ~ ff~ ,f .!f~ -.u.("liJill~l~.Il~jJ;ff:j. ~ C5" ,.Q- #. ~ I .0, A' ~: ~.~:'~ ~;-,. tf- a' ., ~ ~; tI...,li> U .:I' ()' F *'1 cf ~ .:I't::." ~Q ~~ ~J cW~l ~:rt6 1 2 3 4 5 6 7 8 9 10 11 12 13 10 11 3 3 AM :00 10:02 10:05 10:08 10: 11 10: 16 10:21 10:23 10:27 10:29 10:33 10:38 10:4 :30 11 :32 11 :35 11 :38 11:41 11:46 11 :51 11 :53 11 :57 11:59 12:03 12:08 12:1 :00 1:02 1:05 1:08 1:11 1:16 1:21 1:23 1:27 1:29 1:33 1:38 1:4 :30 2:32 2:35 2:38 2:41 2:46 2:51 2:53 2:57 2:59 3:03 3:08 3:1 - - - . 1 4:16 4-21 . '2 PM 1 2 4.00 4.02 4.05 4.08 4.1 3 3 4.23 4. 7 SOUTHBOUND TO 8Fi!-, !VlEM HOSP VIA 88 Bi_\m i;. ~~OER(\ 4WY -~. =-- if ~{('l,;l;}We;J'~f,...:ti:n!1. !rfl;' d'~e: J~.f I G:>":j' ~,'!ii' ""'!"j # 0 -oJ ~ <1) f\; kg; ~/0 ?ll ,.,# ~~ $~/~ ~:t ~cJ:f~ ,"" ~ C5'... .~ " ~. :f~ s- ,?' J <1J !!' I .::s ~ - t/7 . S.f> I Qf$' etrf ~ ~1iI AM 9 30 9 33 9 37 2 2 . . . 9:42 9:45 9:47 9:50 9:5 . - . :33 10:38 10:43 10:53 10:55 11:00 11 :03 11 :07 11:12 11:15 11 :17 11 :20 11 :2 :03 12:08 12:13 12 :23 12:25 12:30 12:33 12:37 12:42 12:45 12:47 12:50 12:5 :33 1:38 1:43 1:53 1:55 2:00 2:03 2:07 2:12 2:15 2:17 2:20 2:2 :03 3:08 3:13 3:23 3:25 3:30 3:33 3:37 3:42 3:45 3:47 3:50 3:5 10 PM 12 1 3 2 2 2 How to read this schedule_ 1. Detennine WHICH direction you are traveling. Either NORTH to the MALL or South to the HOSPITAL 2. Locate the STOP NUMBER (column) where you want to be picked up. 3. Trolley will arrive at the times listed in that column (scheduled pick up times). Trolley will not wait for tardy guests. FOR EXAMPLE: If you live at Sterling Village (Stop #7), you can catch a trolley Northbound to the Mall (Stop #12) at 10:21am, 11:51am, 1:21pm, & 2:51pm. Return times (Southbound) from Mall (to all Communities) is: 10:38am, 12:08pm 1 :38pm. & 3:08pm 0...':~...~ I"". L. ",:,,1. \~~. :)/ II LON cnLO cb;: (V)', c '=? to 0 ~o~., (,) '0 ';"' ~ .to (l.) ,= LO (l)" 0 ~.) = '- ::~ r5 .E c; (/j (,) (j) 05 CO E:;::: (J,) E'c .0 ")::: c: ^'J 1.:: 0 0) ri C ~ o. >> > 0 0 '- .a (\) OJ . (f).!:: ~ ::-.00 (\)1: '5 (\) 3= '- > 1- '0 '-< o LL Trolley follows Time & Current Temperature. Call 561-832-3801 to set your watch Monday-Friday: 9:30am - 4:27 pm No service Saturday or Sunday ~,,~~~11';"~"''''~-' ~.,_,r" ,'\1.,F" ~~_':' . >""~,, '_,..",,_ -...~~. ....., ..-.~.... ".,""" .-_.*Y .,.", ~...,.. ,,-'" o,,,,.tu""!~".~f:..,,._;,,::' i"- ,..' - !.~f. ..-- l'!'''~ ~ t ... Congress !,J, ~.~~~ f ~ JII1I"'" P~,'" Palm Beach Leisureville South West (Red Line) r:; Boynton Beach Leisureville - . - - . BOYNTON BEACH CRA iiIII t "' TROLLEY WI' WI' FREE "SOUTH WEST" ROUTE Monday-Friday 9:25am-4:07pm Old Boynton Rd 't .... Route & Hours Effective August 2008 01 ~a.: I Venetian ~.2 SW Congress ~ SW 13t~ Ave r ,,~~ ~ I : , Woolbrig ht Rd \ t Seacrest Blvd l SW 18th St SW 20th Ave High Point t SW 23rd . SW 18th St i , South West iRed 7:...~ne) Trolley Schedule NORTHBOUND TO TARGET! MALL I WAL-MART VIA LEISUREVILLE ~ ~ IV:I ~ 1 ~ I I I . , j:{"]iJ:fJ.&\1~'1;fmI(~ - .E.... .E... ~ if' et ~ f ~ ,; i'fl ~~ #~ I I , ,,0; "V' .;; .$~ ~,f ~ l? ~ ~ Iff ~,~ ~ If t>;r; ~ e t "'" ~ "}1 ~ ~:# ~ tf ~tff IV /:J~ oS ~I ~~ q;:.::; q; ~ ~ ....0 ;,# 'l:'~1 tile! ~ri ~ r! J./ ~ ~CJ,f /it ~~; i&~ ~~ tf'! :! ;/ &,:1 /;1' &,~1s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AM 5 9:30 9:33 9:35 9:37 9:38 9:42 9:44- 9:47 9:52 9:55 9:58 10:02 10:07 10:12 10:1 5 10:50 10:53 10:55 10:57 10:58 11:02 11 :04 11:07 11:12 11:15 11:18 11 :22 11 :27 11 :32 11:3 5 12:10 12:13 12:15 12: 17 12:18 12:22 12:24 12:27 12:32 12:35 12:38 12:42 12:47 12:52 12:5 5 1:30 1:33 1:35 1:37 1:38 1:42 1:44 1:47 1:52 1:55 1:58 2:02 2:07 2:12 2:1 5 2:50 2:53 2:55 2:57 2:58 3:02 3:04 3:07 3:12 3:15 3:18 3:22 3:27 3:32 3:3 9:2 10:4 6 6 PM 12:0 1:2 2:4 6 6 6 SOUTHBOUND TO BETHESDA MEMORIAL ~OSP'TAL VIA LEISURE"ILLE ',.,~;TiJ;J.;:(kl~~11JiiU~~j' ~ .:P J 1 :S J' ; .. ..'~.:.; ~ _cz> (t) (>,i ~ .... ~ I....t' IJr }1,!;:tif !~ #fl "q:; .r ~ .s.... .s..., P $ c! li./l til'! ~ ~'l ~'l ,:l U/ ,: (Je ~o I ~~/ I ~J' &'41 ~:f:t "~1s:! tf'ri tf'ri :l# cf.!J' ! JF :r:~1 :r:~c! AM 2 10:07 10:12 10:16 10:18 10:20 10:23 10:28 10:31 10:33 10:37 10:38 10:40 10:43 10:45 10:4 2 11:27 11:32 11:36 11 :38 11 :40 11 :43 11:48 11:51 11:53 11:57 11:58 12:00 12:03 12:05 12:0 2 12:47 12:52 12:56 12:58 1:00 1:03 1:08 1:11 1:13 1:17 1:18 1:20 1 :23 1:25 1:2 2 2:07 2:12 2:16 2:18 2:20 2:23 2:28 2:31 2:33 2:37 2:38 2:40 2:43 2:45 2:4 2 3:27 3:32 3:36 3:38 3:40 3:43 3:48 3:51 3:53 3:57 3:58 01:00 4:03 4:05 4:0 10:0 11:2 7 7 PM 12:4 2:0 3:2 7 7 7 How to read this schedule. 1. Detennlne WHICH direction you are traveling. Either NORTH to the MALL or South to the HOSPITAL. 2. Locate the STOP NUMBER (column) where you want to be picked up. 3 Trolley will arrive at the times listed in that column (scheduled pick up times). Trolley will not wait for tardy guests FOR EXAMPLE: If you live at PB-Lelsurevllle-3 (Stop #9), you can catch a trolley Northbound to the Mall (Stop #14) at 9:47am, 11:07am, 12:27pm, 1:47pm & 3:07pm, Return times (Southbound) from Mall (to all Communities) is: 1 0:07am, 11:27am. 12:47prn 2:07pm & 3:27pm Trolley follows Time & Current Temperature Call 561-832-3801 to set your watch Monday-Friday: 9:25am - 4:07 pm No service Saturday or Sunday ".,",.,.".:;'.....:W""'~"'lr''"l't.<'."c....,.~.''''"'.,~'''_~''"!~.:''.,'':'''-''''.~~'-~~.,..~->i..'..i'""""'._..;""''''~"..,.....,-''F''''!''.-.",.'"-''''''''"'':'\l''~"4'!<'''..,..,....~...<'.,.,''',..}"'''''-''':''''''''''-; hi I I.()N "'1.0 00:::_ M ", ~-~ "? oc; 0 "l""'O)U (0 , ;>, :~ ~ 2 == LO- rn " 0 0-'- lie:' j I '~~~ I ~ o_~" Hi I f I I ;r i r~ - " ! ~, ~.~ p~,~ "~4';=~Y ~Ivd , ~~'~v '.' .' .'. ,.\ ~ t iiIII ]~~",. BOYNToN B!ACH "CRA TROLLEY .. .. .. PRIll!! North" ROUTE Monday-Friday 7:15am-S-30 Sat - 9:30am:6:~~m Route & Hours EfI'ectiv e August 2008 z (I)' I () ~ C/) .... CD :C' 0. *: ~_...... MLK , lU 19 ~ --:f r: ~ 1- ~ ,/, "- .. .-J - / ._~ :I "- .> " "- -. .. -J J: ~ \I ...... ...... 0 '" LO N en U') '-- I ...... ,.. CO ...... 0 (") I CO ...... .. ~~ /- - (0. .J ~ to .... 0 e co LO 00 (t! r u .... I/) ro tl) "E U tLl I/) --, Ql ..,...~ Q) I E :;:: E 'c 0 .e u Ql 0 Q. .~ Q. 2:0 tl> Ol en c: ::-. 'Vi Ql:O::: -. - ... .- "6 Ql ',) i.':: > '0 0-:: '- <( , J... 0 '::'~ LL ~ ; ~ '- .-1" J: ~, ;-- 1:: . II . 0 Z {I' .f I ~ j' J' elf 1> .f ~ $' .p.'? G / cl' .;..$'-.... ~ ~ :ff-, & <fA $~I",f~ ~~~(bi[f _~l-, 0 /l.'.J, ..,.#' e.'!jo~ ,~ ~,f';,f ~ir J.,,-r ,fd}-~ e:Y. ~-t'~ #.tfJ. cfo/ qfii ~.., ~~ <Q' I ",.:f- q q:r~ q 8'~ pSi I !:'.~ /'7,';;0 Q qfJ- b '" &-.~ J~~~ h'h;6.tn~ ,?4-~ <f .f:t~ ~l /:~~ ~$ J.,,~/v I.,/~/.r! ~/if~ v.f~/-CJ#~ tl .liJ'i..;,-!t 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15a 16a 17 18 19 Z 0... M M cO I ~ c( to ..... ,.:..: en ~ o ~ w ~ :> 7 16 717 722 723 724 728 727 729 731 733 738 741 743 748 748 760 763 768 803 . . . 8:00 8:02 8:07 8:08 8:09 8:11 8:12 8:14 8:16 8:18 8:21 8:26 8:28 8:31 8:33 8:36 8:38 8:43 8:48 8:45 8:47 8:52 8:53 8:54 8:56 8:57 8:59 9:01 9:03 9:06 9:11 9:13 9:16 9:18 9:20 9:23 9:28 9:33 9:30 9:32 9:37 9:38 9:39 9:41 9:42 9:44 9:46 9:48 9:61 9:68 9:68 10:01 10:03 10:06 10:08 10:13 10:18 ~ 10:16 10:17 10:22 10:23 10:24 10:26 10:27 10:29 10:31 10:33 10:36 10:41 10:43 10:46 10:48 10:50 10:53 10:58 11:03 (/) CL 11:00 11:02 11:07 11:08 11:09 11:11 11 :12 11:14 11:16 11:18 11:21 11:26 11 :28 11:31 11:33 11:35 11:38 W43 11:48 >-: CO 11:45 11:47 11:52 11:53 11:54 11:56 11:57 11:59 12:01 12:03 12:06 12:11 12:13 12:16 12:18 12:20 12:23 12:28 12:33 <:( "5f: 12:30 12:32 12:37 12:38 12:39 12:41 12:42 12:44 12:46 12:48 12:51 12:56 12:58 1:01 1:03 1:05 1:08 1:13 1:18 ~ ~ 1:15 1:17 1:22 1:23 1:24 1:26 1:27 1:29 1:31 1:33 1:36 1:41 1:43 1:46 1:48 1:50 1:53 1:58 2:03 ::> :2 2:00 2:02 2:07 2:08 2:09 2:11 2:12 2:14 2:16 2:18 2:21 2:26 2:28 2:31 2:33 2:35 2:38 2:43 2:48 ~<( 2:45 2:41 2:52 2:53 2:54 2:56 2:51 2:59 3:01 3:03 3:06 3:11 3:13 3:16 3:18 3:20 3:23 3:28 3:33 (/)g 3:30 3:32 3:37 3:38 3:39 3:41 3:42 3:44 3:46 3:48 3:51 3:56 3:58 4:01 4:03 4:05 4:08 4:13 4:18 4:15 4:17 4:22 4:23 4:24 4:26 4:27 4:29 4:31 4:33 4:38 4:41 4:43 4:46 4:48 4:50 4:53 4:58 5:03 G) 6:00 6:02 6:07 6:08 6:09 5:11 5:12 5:14 5:16 5:18 5:21 5:26 5:28 5:31 5:33 5:36 5:38 6:43 5:48 - 1 . 1 :1 8: 5.45 5.47 5.52 5.53 5.54 5.58 5.57 5.59 8.0 803 8.06 6.1 6 3 18 6.18 8.20 6.23 6.28 6.33 . i' .;- & ",I";' .f!# ;\ SJ..... i' I' lP qi' #-1' ~.tJ fPr;.f' J> ~'" ,'W. ~ ~ <J g''' 1>-0 '" ,# ,;1 (5", cJ'.i' 'f"<, r,v", ..~. ~ ,i' 0",' ~~\ ~ ,l '# '" qr i-vlff' .f.' qf .:,,~ $" ~p <ljv ...'~ <I: ~'V .: .#.',fI v 'Q..!' ~$ <>) "i"..! <Q1(f' o,{' 0: '# .scY rt~' "=..J;. IJ.. A"'~ ~~~ ....$ ~f!f "8',,, ~';? #'$t:;' ~;:'f: .fit.:!:' ./1 .lftif /1~ ~'l',ff ;=ff J'~I ~l.l) ,,1.../ /J (l- AI -1'/ 1.,1' ~'1f #.~ ##~ ~r ~>,' C)~F dfi:~~ rI,/ 16'$ "J~ /~. 17 18 1 9 16b 1Sb 14 13 12 11 10 9 8 7 6 5 4 3 2 1 - 2 Q 1.0 N cD C) Z :::J o ro . - .2 <t f3 ,.:..: Cf') ~ a ~ w ~ 707 712 717 722 724 725 728 731 738 739 741 743 745 746 748 749 750 752 754 . . 7:53 7:58 8:03 6:08 8:10 8:11 8:14 8:17 8:22 8:25 8:21 8:29 8:31 8:32 8:34 8:35 8:38 8:38 8:40 8:38 8:43 8:48 8:53 8:55 8:58 8:59 9:02 9:07 9:10 9:12 9:14 9:18 9:17 9:19 9:20 9:21 9:23 9:25 9:23 9:28 9:33 9:38 9:40 9:41 9:44 9:47 9:52 9:55 9:51 9:59 10:01 10:02 10:04 10:05 10:06 10:08 10:10 ..2 10:08 10:13 10:18 10:23 10:25 10:26 10:29 10:32 10:37 10:40 10:42 10:44 10:46 10:47 10:49 10:50 10:51 10:53 10:56 (f) CL 10:53 10:58 11:03 11:08 11:10 11:11 11:14 11:17 11:22 11:25 11:27 11:29 11 :31 11:32 11:34 11:35 11:38 11:38 11:40 >-: 0 11:38 11:43 11:48 11:63 11;66 11;66 11:69 12:02 12:07 12:10 12;12 12;14 12:16 12:17 12:19 12:20 12:21 12:23 12;26 <:( ~ 12:23 12:28 12:33 12:38 12:40 12:41 12:44 12:47 12:52 12:55 12:57 12:59 1:01 1:02 1:04 1:06 1:06 1:08 1:10 o to 1:08 1:13 1:18 1:23 1:25 1:26 1:29 1:32 1:37 1:40 1:42 1:44 1:46 1:47 1'49 1:50 1:51 1:53 1:65 a:: ...!- 1'53 1:68 2:03 2:08 2:10 2:11 2:14 2:17 2:22 2:25 2:27 2:29 2:31 2:32 2:34 2:35 2:38 2:38 2:40 ::>.2 . ~ <( 2:38 2:43 2:48 2:53 2:55 2:56 2:59 3:02 3:01 3:10 3:12 3:14 3:18 3:17 3:19 3:20 3:21 3:23 3:25 <JJ (0 3:23 3:28 3:33 3:38 3:40 3:41 3:44 3:47 3:52 3:55 3:57 3:59 4:01 4:02 4:04 4:05 4:06 4:08 4:10 \,1 4:08 4:13 4:18 4:23 4:25 4:26 4:29 4:32 4:37 4:40 4:42 4:44 4:48 4:47 4:49 4:50 4:51 4:53 4:55 m 4:53 4:58 5:03 5:08 5:10 5:11 5:14 5:17 5:22 5:25 5:27 5:29 5:31 5:32 5:34 5:35 5:36 5:38 5:40 6.38 6.43 5.48 6.53 5.56 5.56 5.59 8.02 6.07 8.10 6.12 8,14 8.18 6.17 6.19 6.20 8.21 8.23 6.25 .J:: U -- ~ '- ::l o >> Q) CJ) o -- 'l""" o t: co o C"( U N -. ~ >-"'00 \1' I ""'" to o l(') . ro ~C U ,~ .~ v m fl.~ :s .~ co I.... (' ~ - F ~. (\) f-= ""'-' c:: OJ t:: ::l > () oij (\) E !-= ~ :s- o ,,8 > ..92 .12 TROLLEY SERVICE AGREEMENT /7- J ;l THIS AGREEMENT is made and entered into as of v ~,1. ..)D , 2006 between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, with a business address of 915 S. Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as the "CRA", and MOLLY'S TROLLEYS, INC. a Pennsylvania Corporation, authorized to do business in the State of Florida, with offiees located at 1150 Claire A venue, Suite 4, West Palm Beech, Florida 33401, hereinafter referred to as "MOLLY'S". WHEREAS, the eRA and MOLLY'S entered into a Contra~t for Trolley Services on August 10, 2004 ("Contract") (attached hereto as Exhibit A and made a part hereof); and WHEREAS, the Contract expires on November 28, 2006, and CRA and MOLLY'S intend to continue, extend and clarify their existing contractual relationship with no disruption in the current service route or schedule; and WHEREAS, each trolley to be used and operated by MOLLY'S pursuant to this Agreement has or will have space 011 which advertising may be placed; and WHEREAS, in accordance with the terms of this Agreement, MOLLY'S is willing to assign or othelwise make all advertising space available to the eRA; and NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows. ARTICLE I TERM OF AGREEMENT \.I This Agreement shall be effective for an initial term of three (3) years, the first year commencing on the effective date (the last date signed by the parties) through September 30, 2007. Actual service under this Agreement sl11111 begin on the Service Commencement Date (defined herein). In order to be consistent with the CRA's fiscal year, the second year of this Agreement shall commence on October I, 2007 and end on September 30, 2008, and the third year of this Agreement shall commence on October 1,2008 and end 011 September 30,2009. 1.2 This Agreement shall be extended for two successive three year periods without the need for notices or additional action being taken by either party hereto, provided, however, that unless waived or othelwise agreed to by the palties hereto, this Agreement shall not be extended if, at least ninety (90) days prior to the expiration of the initial term or any extended term, either party notifies the other in writing that it does not desire to extend this Agreement beyond its then scheduled expiration date. If MOLL V'S desires to extend this Agreement but amend the hourly rate contained in Paragraph 7.1 for the new extended term, MOLLY'S must so notify the CRA in witting at least ninety (90) days prior to the expimtion of the initial term or any extended term, The notification shall include the proposed new hourly rate. If the eRA and MOLL Y'S agree to amend the hourly rate, this Agreement must be amended to reflect a different EXHIBIT 2 - Trolley Service Agreement hourly rate. If tile eRA and MOLLY'S do not agree 011 a Ilew hum rale, the CRi\ 01 MOLLY'S may elect not to extend this Agreement for the addillonallcrm 11\/ notifying the utilel party in writing at least fifteen (15) days prior to the expiration of the then (,\!!TC'l1t term ... ARTICLE II SERVICE ROUTE AND REQUIREMENTS 2.1 MOLLY'S shall provide Trolley Service along the route outlined in Exhibit B. The service shall commence on November 28,2006 (the "Sel'vice Commencement Date") 2.2 The Trolley Service shall include the lIse of (1 tolil! of fOllr (4) trolleys, with three (3) dedicated to the Crosstown Service Route described below and one (I) dedicated ll.' the Ocean Service Route described below. The projected headway is four (4) minutes during lion. rush hour periods and five (5) minutes during rush hOllr periods. MOLLY'S will make its best eff0l1s to maintain these headways through the use of communication between the trolleys. The eRA acknowledges that certain factors, slIch as tralI1S and road constrllctlon, may prevent MOLLY'S from maintaining this headway. Stops have been and will con(ll11IC to be developed by the eRA along the route in consultation with MOLLY'';. 2.3 Trolley Service shall be provided as follows: a. Crosstown Service Route (garage to garage): Two trolleys ham 6:45 AM to 6:45 PM Monday through Friday; and two trolleys from 8:30 AM to 5:30 PM Saturday and Sunday. This service equals a total of 154 hOllrs per week for two trolleys. One additional trolley shall be designated for lIse as a back-liP fOl this route to be rotated in and O\1t of servIce for maintenance purposes. See Exhibit B for a detailed description of this service route b. Ocean Service Route (garage to garage): One trolley fl'om 9:30 ^M to 4:30 PM Saturdays and Sundays. There will be no week-day service for th18 service route unless otherwise amended by the paliies in writing. This service equals a total of i 4 hOllrs pCI' week. See Exhibit B for a detailed description of this service route. 2.4 The eRA may, in its sole discretion, reasonably alter the route and the tllnes of service, so long as the modification does not diminish the operating hours by more than 10% of the base period of operation (168 hours total) for the trolleys designated for the ('RA 2.5 MOLL Y'S shall make the trolleys available to the eRA for its reasonable needs, at the same hourly rate as the basic service, Due to vehicle construction, requests by the eRA for non-route service should not require the vehicles to operate at speeds exceeding 20 mpl1. MOLLY'S shall be responsible for coordinating trolleys, drivers and routes for such service, The eRA must provide at I east twenty-one (21) calendar days notice to MOLLY'S specifying when the CRA desires to utilize the trolleys and providing the information necessary for MOLLY'S to coordinate the eRA's lIse of the trolleys, ARTICLE III TROLLEYS ~ 3.1 MOLLY'S shall utilize four trolleys as outlined in Article II in providing the trolley service. The trolleys will be designed and built in accordance with the specifications and drawings contained in the four pages attached hereto as Exhibit C. The trolleys shall comply with all Americans with Disabilities Act (ADA) requirements. MOLLY'S shall acquire these vehicles and put them into operation as soon as possible. Any deviation or change made to the vehicles will be the financial responsibility of the CRA. . 3.2 MOLLY'S shall use the trolleys from its existing fleet until the trolleys described in Paragraph 3. t are available for servicc. 3.3 The CRA has the right to select the color scheme for the trolleys to be used pursuant to this Agreement. MOLLY'S shall make sure that the vehicles conform to this color scheme. 3.4 Each trolley must contain a logo or insignia sign on the front and back. The CRA shall provide camera ready film for the logo/insignia. 3.5 All vehicles must be equipped with brochure holders for the use of the eRA. ARTICLE IV MAINTENANCE OF TROLLEYS 4.1 Maintenance of all trolleys shall be the sole responsibility of MOLLY'S. The CRA shall have no obligation for such maintenance. 4.2 The trolleys must be maintained in good repair and condition. Upon the request of the CRA, MOLLY'S shall demonstrate repair records and proper spare parts inventory for the trolleys. 4.3 MOLLY'S must utilize a fully equipped and licensed maintenance facility, with trained personnel, located in close proximity to Downtown Boynton Beach. 4.4 The exterior and interior trolleys shall be washed and cleaned daily. 4.5 The CRA may, at any time, inspect MOLLY'S facility and trolleys for the purpose of monitoring the performance of MOLLY'S maintenance obligations under this Agreement. ARTICLE V PERSONNEL 5.1 MOLLY'S shaH provide adequate and properly licensed personnel to permit the 3 timely and efficient operation of this frollcy svstCl11. All MOLl Y'~; C'mployce~ should l.e lraim', and supervised in accordance with accepted llldu~try practicc~ 5.2 'The eRA may require MOLL V'~ staff to partl'tipate Il1 reasonable and standmd customer service training programs speciiJcally designed by the eRA, Drivers are expected to be ambassadors for Downtown Boynton Beach and have the ability to interact with riders in a positive and friendly manner. 5.3 The CRA reserves the right at any time to provide reasonable appearance and uniform guidelines. MOLLY'S will be responsible f'or the pmchasc and maintenance of all uniforms. 5.4 MOLLY'S agrees to comply \vith federal, state and local wage and hours laws, other laws and regulations and licensing applicable to MOLLY'S, MOLLY'S agrees to indemnify the CRA for any claim, damages, costs and expenses arising Ollt of MOLL Y 'S f(lilme to make any required payments to taxing and other governmental agencies, including the Internal Revenue Service and the Depmimcnt of Labor, relating to its employees or independent contractors. 5.5 MOLLY'S agrees that it will not discriminate against any employee or appl1cant for employment because of race, religion, color, sex, Clgc, physical handicap or l1aliol1ol origlll, except where sex or absence of physical handicap is a bona fide occupational qualification; and MOLLY'8 will execute any such certificotes and COVel11111t~ not to discriminate as may be required by any governmental authority, and MOLLY'S shall comply with all federal, state amI local laws, regulations and ordinances relating to such matters ARTICLE VI ADVERTISING 6. ] MOLLY'S shall provide interior and exterior sign space (Adveliising Space) on the trolleys in accordance with the eRA's requests. 6.2 The parties agree that it is in their mutual best interest that the eRA should have the right, as it deems necessary and appropriate, to sell, lease, assign, convey, grant 01' otherwise make available some or all of the Adve11ising Space to other persons and that to accomplish this result, the Paliies find it to be the most effective, efficient, and practical that MOLLY'S assign all of the rights to the Advertising Space to the C'RA. 6.3 All advertising revenues generated by the use of the Advertising Space shall belong to the CRA, and MOLLY'S specificall)' disclCljl11s (lny right, lilk or interest in these adveliising revenues. 6,4 If a trolley on which an Adve11ising Space has been llsed becomcs lI1operable, MOLLY'S shall relocate the advertising to another trolley if similar space is available. If the trolley remains inoperable for at least fifteen (15) calendar days during which slIch advertising was to be exhibited and the advcliising has not been placed all another trolley. MOLLY'S shall 4 provide the eRA with a credit for such loss equal to the revenues lost by the eRA as a result of the trolley being out of service. This paragraph does not apply to non-route service. ARTICLE VII or FINANCIAL 7.1 The CRA shall pay MOLLY'S on a bi-monthly basis for its services calculated on the basis of the total number of hours of service pel' trolley multiplied by the hourly rate of $65. The hours of service shall include the regular service hours for a two week period and any additional hours generated by special service. 7.2 The projected hourly rates for each year this Agreement is in effect are outlined on attached Exhibit D. The CRA and MOLLY'S agree to review the projected hourly rates for the second and third year of the term of this Agreement on or about May I of each year. This review shall be completed prior to June] of each year. During this review, the hourly rate may be adjusted based on the Window Rate Outline attached as Exhibit E. If the parties agree to modify the projected hourly rate for either year 2 or year 3 at a rate equal to or lower than the maximum listed in Exhibit D, that modification may be implemented by execution of the Rate Adjustment Agreement document attached as Exhibit F. Any modification to the projected hourly rate over the maximum listed for the year requires an amendment or addendum to this Agreement. 7.3 As soon as possible after the end of each two week period, MOLLY'S shall submit an invoice to the CRA indicating the number of haUl's of service for the period and the amount owed by the CRA for that period. This amount shall be reduced for any adveltising loss of revenue as a result of a trolley being out of service, as detai led in paragraph 6.4. 7.4 The CRA shall pay MOLLY'S the amollnt of the invoice, less any disputed amounts, within fifteen (] 5) days of receiving the invoice. ARTICLE VIII REPORTING 8.1 MOLLY'S shall submit monthly reports to the eRA. The monthly report or series of reports will include passenger and performance reports. These reports will include route milage, route ridership, hours of service, customer service statistics, service incident summaries, service evaluation, customer comments, vehicle maintenance reports (scheduled and unscheduled) and safety performance. The CRA shall specify the information required to be included in these reports. ARTICLE IX INSURANCE AND PERFORMANCE BOND 9.1 MOLLY'S represents and warrants that it currently has the insurance coverage contained in Exhibit G and will maintain this coverage for the entire tenl1 of the Agreement. 5 9.2 MOLLY'S agrees to name the eRA :1' ,in :Idditional ill~ured 011 thIS 1l1surancc coverage and keep the CRA so named for the cntire lenn (Ii 111\ Agreement 9.3 MOLLY'S agrees to provide thc eRA with s;ftlsfilctOlY pr('lot of thi:-, Illsurance which shall also reflect the CRA as an additional insured pi I' \t iu the Sel'/Iel' ('Ol11ll1enCCIllC!l1 Date. 9.4 MOLLY'S acknowledges that the eRA does 110t now and does not 111 the futlll'c expect to carry any insurance coverage for this trolley service and nothing in this Agreement is intended to require the eRA to carry slIch insurance during the term of this Agreement 9.5 On or before the Service Commencemcnt D,lle MULL Y 's shall obtain ,md deliver to the eRA a performance bond, with good and sufficient surety, ill the amoullt of $300,000, for the benefit of the CRA. This bond shall remain in effect for the initial three-year telln of this Agreement. This bond shall be in accordance with statutory bond provisions In Florida Statutes and all other applicable laws and regulations. rllis bond Shill! be executed by such sureties as are licensed to conduct business jn the State of Florida and, except as otherwise provided by laws and regulations, arc named in the current list of Companies Holding Cel1ificates of Authority as Acceptable Sureties, ARTICLE X INDEMNIFICA nON 10.1 Subject to the limitations set fOl111 herein, MOLL V'S hereby agrees to indemnify, dcfend and hold the CRA its directors, officers, employees and agents, harmless from and against all loss, cost and expense in connection with proceedings, judicial or otherwise, and claims, demands, and jud!:,'111ents, together with costs and expenses including attorneys' and legal assistants' fees and expenses rclating thereto, including but not limited to fees incurred in the handling or preparing of claims or demands and all litigation at trial or appellate levels arising out of damage or injury to person or property occurring 11'0111 the performance of the services and obligations by MOLLY'S under this Agreement or any mattel relating tu MOLLY'S compliance or failure to comply with any federal law, regulalion or policy, or MOLLY'S inability to provide Trolley Service, or resulting from the negligent or willful acts or omiSSIons by MOLLY'S or any of its directors, officers, employees or agents occlIlTing in connection with the services subject to this Agreement. 10.2 If the CRA shall discover or have actual notice of facts givll1g rise or which Illay give rise to a claim for indemnification or shall receive notice of any action, with respect to any matter for which indemnification may be claimed, the eRA shall, within ten (10) clays following service of process (or within such shOlier tine as may be necessary to give MOLLY'S reasonable oppOltunity to respond to such service of process) or within ten (10) days after any other slIch notice, notify MOLLY'S in writing thereof together with ,1 statement of such information respecting such matter as the CRA then has; it being understood and agreed that any failure or delay of the CRA to so notify MOLLY'S shall not relieve MOLLY'S frol11 liability hereunder except and solely to the extent that slIch failure or delay shall have materially, adversely prejudiced MOLLY'S ability to defend against settle or satisfy any sllch claim or action. h Following slIch notice, MOLLY'S shall have the right, at its sole cost and expense to contest or defend such claim or action through attorneys, accountants, and others of its own choosing (the choice of such attorneys, accountants and others being subject to the approval of the CRA, slIch approval not to be unreasonably withheld) and in the event i(elects to do so, it shall promptly notify the CRA of such intent to contcst or defend sllch claim or action. If within five (5) days following such notice from the CRA (or within slIch shorter time as maybe necessary to give the CRA a reasonable oPPoliunity to respond to the service of process or other judicial or administrative action), the CRA has not received notice 1'1'0111 MOLLY'S, the CRA shall have the right to authorize attomcys, accountants, and others satisfactory to it to represent it in cOl)nection therewith or at any time, settle, compromise or pay such action, and the CRA shall be cntitled to indemnification from MOLLY'S pursuant to this Article. 10.3 Notwithstanding that MOLLY'S is actively conducting a defense or contest, any action may be settled, compromised, or paid by the CRA without the consent of MOLLY'S; provided however, that if such action is taken without MOLLY'S consent, its indemnification obligations with respect to such claim shall thereby be nullified. Any action may be settled, compromised, or paid by MOLLY'S without the CRA'S consent, so long as such settlement or compromise does not, in the reasonable opinion of the CRA, cause the eRA to incur any present or fixtme costs, expenses, obligations, or liabilities of any kind or nature, in which event MOLLY'S obligations under this Article shall extend to such costs, expenses, obligations or liabilities. 10.4 In the event any action involves matters palily within or partly outside the scope ofthe indemnification under this Article, then the legal fees, costs, and expenses of contesting or defending such <}ction shall be fairly allocated between the CRA and MOLLY'S. ARTICLE XI DEFAULT AND TERMINATION 11.1 In addition to matters specified elsewhere in this Agreement, the folIowing shall constitute events of default by the eRA: a. The CRA shall at any time fail to pay, when due, any sums payable by the CRA hereunder and such failure to pay continues for a period of fifteen (15) days after written notice of stich failure is given the CRA by MOLLY'S; or b. The CRA shall fail to perform, observe, or otherwise breach any of the other temlS, covenants or conditions of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by MOLLY'5 to the CRA, or if the failure or breach is of slIch nature that it cannot be cured within the thirty (30) day period, then only if the CRA fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until stich failure or breach is fully cured. . 11.2 In addition to matters specified elsewhere in this Agreement, the following shall constitute events of default by MOLLY'S: a. MOLLY'S fails to provide the Trolley Service in the manner specified in 7 this Agreement; OJ b. MOLLY'S makes all assignment for the benefit of credlto}'; 01 files ,j petition in bankruptcy or reorganization or liquidation lI11d(!i' a federal or state bankruptcy 01 insolvency act; or c. A receiver is appointed for MOLLY'S, or for the property of MOLLY'S. by any COllrt and such appointment shall not have been dismissed within ninety (90) days from the date of such appointment; or cL MOLLY'S is dissolved or otherwise ceases operating as a vehicle tor hire operator capable of providing the Trolley Service ill accordance with the Agreement: ()! e. MOLLY'S shall fail to perfolTll, obsel\!e, or otherwise breach ,my of the other terms, covenants or conditions of this Agreement, and sllch failure or breach shall continue for a period of thirty (30) days after notice thereof by thc eRA to MOLL ')"S, or If the failure or breach is of such nature that it cannot be cUJ'cd within thc thirty (:'\0) day period, then only if MOLLY'S fails to commencc the cure thereof promptly and within tht,; thirty (30) day period or thereafter fails to diligently continue in good faith until such failure 01' breach is fullv cured. I J ,3 Upon the OCC1I1Tence of cHI event of default describccl in pamgraphs i I I 01' If') above, in addition to any other rights or remedies thc non-defaulting party may have elsewhere III this Agreement, at law or at equity, the non-defaulting party shall, as long as SUcll event 01 default shall be continuing, have the following remedies: a. Injunctive relief to cnJOIll allY act or unllssiol1 which constItutes an event of default by the defaulting paliy or to compel performance of covenants, agreements, terms and conditions of this Agreement. b. Termination of this ^greement by the non-defaulting party ill the event ;: noticed event of default is not cured by the date sfJecified in the notice of default. However, in the event the CRA terminates this Agreement, MOLLY'S agrees to contillue providing the Trolley Service for a period of up to ninety (90) days if the CRA, ill its discretion" deterl11l1le~ that MOLLY'S should continue to providc the Trolley Service, and in that evcnt, the notice of termination by the CRA shall state the timc period for MOLLY'S to continue to operate the service. ARTICLE XII NOTICF, 12.1 All notices, demands, COllsents, approvals, statements~ inqt\lnes and invoices to be given under this Agreement shall hc in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one (lIlother in accordance herewith. All notices or other communications shall be sent by any of the following means: registered or certified mail; national express air courier, provided such courier maintains written verification of delivery; or personal service. Any notice or other cOlllmunication 8h811 be deemed ~ effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. To MOLLY'S: Molly Stahlman, President Molly's Trolleys, Inc. 1150 Claire A vanue, Suite 4 West Palm Beach, FL 33401 '" To CRA: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to; Kenneth G. Spillias, Esq. CRA Legal Counsel Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 ARTICLE XIII MISCELLANEOUS 13.1 Successors and Assigns - The provisions ofthis Agreement shall be binding upon and inure to the benefit of the palties and their respective successors and assigns. The Agreement cannot be assigned by either party without the prior written consent of the other.. 13.2 Force Majeure - If, because of weather, Acts of God, strikes or other labor disputes, vendor delays, or other unavoidable cause, either party is unable' to perform its obligations hereunder, such non-performance shall not be considered a breach of the Agreement. 13.3 The failure of either party to insist upon or enforce any term or provision or to exercise any right; option, or remedy of the Agreement, 01' to require at any time performance of any provision hereto shall not be construed as a waiver of any slIch term or provision. No waiver by either party of any term or provision hereof shall be binding unless made in witting and signed by such party. ' 13.4 The patties recognize, acknowledge and agree that, for purposes of this Agreement, MOLLY'S is an independent contractor and is not an agent, partner or employee of the CRA. The parties further agree that, for purposes of this Agreement, as well as the services to be performed by MOLLY'S pursuant to this Agreement, or the payments made by the CRA to MOLLY'S, the CRA is not an agent; partner or employee of MOLLY'S. 13.5 Any and all provisions of this Agreement and any proceeding seeking to enforce, challenge or othelwise review any provision of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shal I be Palm Beech County, Florida. 9 13.cl If any provision of 11m ,'\.l'I\,'tIIIL'111 1'; held 10 hI' l11valirl. illegal (Hllwnti,rcc:Ji'; the rcmallling provisions shallrcl1wln I tllll jllI,((' and effecl 1\7 This doclImcnt, illong \\1111 Ihe doclIlllcnb lJll'orpordlcd Int() the>\g.rccnlcl together with all insurance doclIments reqllilcd hereby ;l11d any other referenced mClterials "hill constitute the entire Agreement. This Agreement !\lay liot be chill1gecl other thall hv agrctlll~'JII II writing signed by (he parties IN WITNESS WHEREOF, the pilrllc~ lH'rcto hilvc COXfl'lltl'iI lhlS 1\!:rcclllcnt the l1;1\ 111](1 year firsl written ahove, ..,....- /' i Witncsi>: / -, (l}' I )t,(t/\{ ~L/-S/\_~ /-e /lJldi'i,/}fLrL)/7" { i \ I " ,'7 '( 'f' A I ,'--;-/,-) ( / / \1 / \ 1 I ( -----,- \" M()L1,Y 'S 'fr~OLLl, YS, I Nt. , / ~" I {' I'(;'} .hL /( {. '/ oC{ r, ,J /r -- Moll:-.' S[i1hIIJl{lIl, Plc,~jdcll! Pate' ( ! (. -' ( '" (, ; (Corporate Seal) W2J4jitness: '12 - ~--- - -eaHi&() Hi )YNTON m~;\C H COfvlMUNITV REDEVEL.OPMENT AGENCY / I ' / .-J~~------~1-( Il~ Hendersoll Til!Jmll1. Chairperson /. J ' Date :jrJ/2~l-tlta. 1:\Clienl DoclIIncflls\Boynlon Beach Cl(^\241f)-OOO\AgrcC'lllC'llt,\ I mileI' Scf\'ICI' ^l'\('l'll1clll doc' ! !i ~ ." r- ... ~. ~ . "$ Park Dr Coming Soon -e. NW Commerce (f Publix ~ (fri-Rai\) " Shopping e t. Center Gateway Blvd z en CD D n a l/I .... Z m ~ - :r (/') - - . BOYNTON BEACH CRA TROLLEY G Gateway Blvd " aJ ~ . e z n o :1 (Q Cil en III ~ CD NE 15th Ave e Boynton Beach Trolley System Cross-Town Trolley Ocean Ave Beach Trolley z ;r fl- ~ .:r ~ ~ , '= m >< J: - m - -I . m MlK Jr Blvd Z 8 8 9 en 0 Z III -n c n CD a c.. CD !!.l. a aJ <' :J: c.. f) ~ Boynton Beach Blvd For specific location info.....ation, see schedule on reverse side. ^~ "~~ 'f;~<t~e~~c RA ~ East Side-West S,de-Seaside Renaissance 3 I, i' I[ I :1, i ,-"- EXHIBIT c c 0 - CIl b } ( ) , ---, I 0 ~ - ~ ~ ( C I III -' d ~ i-g-! "'-, \D .p q.. :J 0. d U =0 r: d :r L .. (J 0:7 cl. ::) y ; ..J -~ C1 ....__ w'i; o en 2:C n,j Gl , ~ 0", f=:) QJ +' o Q , COil; Ii ~.,~ t I U;' cc r-- -- CU OJ :;;9 S Qi If: c .Q Q, Q.' ..c ); Uo ~ Qi' !:L f." "1-"" l- 5 ':: _i Cl' - (; t.:1 ,< 0: cu i (< :..- i~" ll.l ::~ '.-, j"C) OJC:C o Qj c'i C" , r >, -P :..(\ U c- d (i Q +' d Q '_J 0 CJ s: ..J S- o o G: :""'71/7-7 EXHIBIT - 0 Estimated Trollev Costs for 3 years (Dee 1 2006. Sept 30 2009l Prepared Oct 06 by Molly Stahlman 2006-2007 HOURS HOURS Weeks Per Week Per Month December 4 168 672 $65.00 $43,680 January 5 168 840 $65.00 $54,600 February 4 168 672 $65.00 $43.680 March 4 168 672 $65.00 $43,680 April 4 168 672 $65.00 $43,680 May 5 168 840 $65.00 $54,600 June 4 168 672 $65.00 $43,680 July 4 168 672 $65.00 $43,680 August 5 168 840 $65.00 $54,600 Sept ~ 168 672 $65.00 $43,680 43 168 7224 $65.00 $469.560 Holidays 1 168 168 $65.00 $10.920 42 168 7056 $65.00 $458,640 2007-2008 HOURS HOURS Weeks Per Week Per Month October 5 168 840 $67.50 $56,700 November 4 168 672 $67.50 $45.360 December 4 168 672 $67.50 $45,360 January 5 168 840 $67.50 $56,700 February 4 168 672 $67.50 $45,360 March 4 168 672 $67.50 $45,360 April 5 168 840 $67.50 $56,700 May 4 168 672 $67.50 $45.360 June 4 168 672 $67.50 $45,360 July 5 168 840 $67.50 $56,700 August 4 168 672 $67,50 $45,360 Sept ~ 168 672 $67.50 $45,360 52 168 8736 $67.50 $589,680 Holidays 1 168 168 $67.50 $11,340 51 168 8568 $67.50 $578,340 2008-2009 HOURS HOURS Estimated Weeks Per Week Per Month October 5 168 840 $70.00 $58,800 November 4 168 672 $70.00 $47,040 December 5 168 840 $70.00 $58,800 January 4 168 672 $70.00 $47,040 February 4 168 672 $70.00 $47,040 March 5 168 840 $70.00 $58.800 April 4 168 672 $70.00 $47.040 May 4 168 672 $70.00 $47,040 June 5 168 840 $70,00 $58,800 July 4 168 672 $70.00 $47,040 August ~ 168 672 $70.00 $47,040 Sept ~ 168 672 $70.00 $47,040 52 168 8736 $70.00 $611,520 Holidays 1 168 168 $70.00 $11,760 51 168 8568 $70.00 $599.760 Jun 23 08 10: 1'/", M()l ~s' irOl1ets5 EXHIBll - U 8 ::1 F! <I ", Estimated Trollev Costs for 3 years {Dee 12096" SeDt 3020091 Prepared Oct 06 by Molty SCahlman ~2G07 HOURS HOURS !!HD Per~ PIp' M9nth Decembf.9r 4 168 672 $65.00 $43,680 January 5 168 840 $65.00 $54,600 February 4 166 612 $85.00 $43,680 Marc" 4 168 672 $65.00 $43.680 April 4 168 672 565.00 $43,680 Ma.v 5 168 840 $65.00 $54,600 June 4 166 672 $65.00 $43,680 July 4 166 672 $65.00 $43,680 August 5 168 640 $65.00 $54,600 Sept ~ 168 612 $65.00 $43,680 43 166 1224 $65.00 $469,560 Holic:lsys 1 168 168 $66,00 $10,920 42 '68 ~ $Il500_MC c; I'< -t I\Uk ~\g\ <:tC)~.SO W-ei--- ~I ~-~ . ~~ r(:JJRS HQ RS f-(~ il Jf . P.l!:Wfek October 5 168 $67.50 $56,700 ,{ rh }/k..f l)' I ~ November 4 168 672 $67.50 $45,360 \, ~ ) December l 4 168 672 $67.50 $45,360 Jaooary'1J 5 168 840 $67.50 $56,700 February 4 166 672 $67.50 $45,360 March 4 168 672 $67.50 $45,360 April 5 168 840 $67.50 $56,700 May 4 168 672 $67.50 $45,360 June 4 168 672 $67.50 $45,360 July 5 168 640 $67.50 $56,700 August 4 168 672 $67.50 $45.360 Sept ~ 166 672 $67.50 $45r36Q 4JJ~ 52 168 8736 $67.50 $589,680 Holidays 1 188 168 $67r~ 51 168 8568 $67. 8,340 ' 2R98-~ HOURS HOURS &tilMltld W_1uI Per Week Per M9"1h October 5 168 &40 $70.00 $58,800 November 4 166 672 $70.00 $47,040 December 5 168 840 $70.00 $58.800 January 4 168 672 $70.00 $47,040 February 4 168 612 $70.00 $47,OOl Man:h 5 168 640 $70.00 $58,800 April 4 168 672 570.00 $47,040 May 4 168 672 $70.00 $41,040 June 5 168 840 $70.00 $58,BOO July 4 168 612 $70.00 $47,040 AugLl$t ~ 188 672 $70.00 $47.040 Sept .1 168 672 $70.00 $47,040 52 168 8736 $70.00 $611,520 Holidays 1 168 168 $70.00 $11,760 51 188 8568 $70.00 $599,760 Trolley Service Agreement SERVICE MODIFICATION AMENDMENT This AGREEMENT is made and entered into as of August 2nd, 2008 between the Boynton Beach Community Redevelopment Agency, a public agency created in p\lrSuant to Chapter 163, Part III, of the Florida Statl,les, with a business address of915 South Federal Highway, Boynton Beach, FL, 33435 hereinafter the "eRA" and Molly's Trolleys, Tnc a Pennsylvania Corporation, with offices located at 2625 Mercer Avenue, West Palm Beach, FL 33401, hereinafter "MOLLY'S", WHEREAS the eRA and MOLL YS entered into a trolley service agreement on October 30, 2006, hereinafter" AGREEMENT"; and WHEREAS, Article II Sec 2.4 of AGREEMENT provides for route and service modification, WHEREAS, MOLLY'S has agreed to the route and service modifications, NOW THEREFORE, in consideration of the mutual c.ovenants contained herein and in the original Agreement, and other good and valuable consideration. the receipt of which is hereby acknowledged by both parties, the palties agree as follows: 1. Al1icle II Section 2.4 of the AGREEMENT is hereb:1 amended as follows: The Boynton Cross town Trolley System will be amended as follows: No.'tlt Route (Yellow Line); Two Trollevs · Approximately 19 stops from Marina Village, north to Gateway and then West to the mall. 2 Trolleys mn daily on the North Route. Route and stops are displayed in Diagram 1. . The hours of service to the public will be as follows: Monday- Friday: 7: 15am- 6:30pm and Saturday: 9:30am-5:45pm Sunday: No Service · The total billed hours per SIX days per week which includes garage to garage time: 69.25 hours per week pel' trolley, or a total of 138.5 hours per week (for 2 trolleys) South East Route (Green Line): One Trolley · Approximately 13 stops from Bethesda Memorial Hospital to the BB Mall via Federal & BB Blvd) One Trolley runs daily, Route and stops are displayed in Diagram 2. · The South East haUl'S of service to the public will be as follows: Monday- Friday 9:30am- 4:30pm. No Service Saturday or Sunday . The total billed hours pel' FIVE days per week which includes garage to garage time: 38.75 hours per week. (for one Trolley) South West Route (Red Line): One Trolley · Approximately 16 stops from Bethesda Memorial Hospital to the BB Mall via Leisme\'ille One Trolley runs daily, Route and stops lire displayed in Diagram 3. · The South West hours of service to the public will be as foJ lows: Monday- Fliday 9:25am- 4:07pm, No Service Saturday or Sunday · The total billed hours per FIVE days per week which includes garage to garage time: 16):') hours per \vet'k, (I'm ,lilt: III II .Ft!l' :t!.!Jhrcc Uoulcs:. "TrIHH /\\Ig 2 ,Scpt10 2008, the hourly ralc will hi' ',11' ili 1 :11;:" 1",1 (I"li<'y "!'rllm Uct I 2008- Sept :\0 )()W>, the hourly lillI,' will 1'1' \(" "(1 !II'I 111>11111\'1 Ilil!in' I I ILil h ')(,) P'I ii,)!! Indky for prcvt<\u" servin' pl\l" ~2,:;() ('OIA IIIC\'(',I:,\' :1' , I (''',I 11)\1;;) !(lI'\' I, Ice liS (kSCI1\1i.'d "i)"" Trulky service will be reviewed by tilt' BO\'l1t\)ll Ik:wl (IU ii! lill', l'j' .f!)!)t) li} d,'l\:IJl)il1\, 1111111, i\'d 11, porlrltioll SC1'VICCS. /\11 other provisions ofthl' Agreemen[ -;\i;1I11\.'11 IIn ill 11111 [",(, 1111,1 ell HOU,IIY 's TROLJ.I~YS, INC marl'l . 2Jt'JlP'1LtI i l . 1\l11>lly Stahlm~~1, Prcsiocnt [J, i<' I u I) 'Ii I (, x BCIYNTON BEACH COMMUi\'l'I Y IU:j)LVLL(lI'i\rlL\J I ,'\(" '.,1 ( \ I ' I ,/ ') . :, __ J~l~L -~))'SL..[\,{ " f Jsa Bright, ExecMlvc Director DellI' jn /1 jV<{J / Molly's Trolleys (Operator of Boynton Beach Trolleys) PH: 561-838-9511 **************************** TO: Vivian Brooks FROM: Molly Stahlman, Mollys Trolleys DATE: June 2 2009 RE: North Route Rider Numbers Analysis August 2008 - April 2009 ********************* On Aug 2, 2008- trolley service on the Boynton Beach North Trolley Route was reduced by 15%. We reduced service by 1) eliminating Sundays (our lowest rider day) and 2) trimming weekday service (we cut off one loop at the end of the day, ending at 6:30pm instead of 7:30pm.) In spite of the 15% cut in hours in August of2008- trolley ridership in the North Route has - on a monthly comparison- either maintained previous ridership or even increased rider numbers. Month Number of Number of Number of Monthly Riders Cost Riders Riders Riders Operational Per Hour Per Notes Per DA Y Per WEEK Per Month Hours Rider July 2008 345 2,415 10,360 656 15.8 $3.86 Au}! 2, 2008- implemented REDUCED HOURS Aul.! 2008 372 2,232 9,292 535 17.4 $3.62 Sept 08 415 2,490 10,794 563 19.2 $3.28 Oct 2008 462 2,772 12,478 585.5 21.3 $3.07 1 Nov 2008 417 2,504 10,433 513 20.3 $3.44 Dec 2008 453 2,718 11,767 563 20.9 $3.35 Jan 2009 433.5 2,601 11,273 557.5 20.2 $3.4 7 Feb 2009 439 2,634 10,542 518 20.3 $3.44 2 Mar 2009 424 2,504 11,019 563 19.6 $3.58 April 2009 443 2,621 11,531 563 20.5 $3.42 Bovnton North Rider Numbers Julv 08- April 09 NOTES: 1) Record Breakinl.! October 08! (** See Below) Notice, although rider numbers fell a little in August (to 9,292 riders for the month) when we first implemented the reduced service, we handled a RECORD 12,478 riders in Oct 2008. Oct 2008 Rider Numbers (12,478 riders) were 28% more than Oct 2007 Rider Numbers (9,763 riders). I actually double checked the sheets/ spreadsheet/numbers to determine how we could have INCREASED riders in Oct 08 with DECREASED Service (in particular- eliminating Sundays!). I found that the most dramatic increase was in WEEKDAY service. In July 08, we handled 388 riders per WEEKDAY. In October 08, we handled 479 riders per WEEKDAY, an increase of almost 100 riders per day. I reviewed the data, and found increases during weekdays at the following four neighborhood trolley stops: Stop #3: Boynton Town Square, Stop#8: 4th &15th Avenue, Stop #10: 4th & Gateway Stop and Stop #10: Village Royale on the Green. Continued.. . Molly's Trolleys Ridership Statistics 2) Effects of Downturn in Economy? We had our first noticeable dCCll'(lse ill rIders (lJI the north route in., Feb 2009. Although overall RIDERSHIP has lIlcreased. rider..; decreased about 9% when comparing the MONTHS (only) ofFeb 08 versus Feh ()C) Ot'\'OUf\l' "um\.' l,fthis i-, because we reduced from 7 days to /1 days in A ug OS. hown c'l I h('1 the l)thel hal f IS due to thl economy- either reduced work hours, or the) are not going lu the mall as much l<l shup liowever. notice that March and April 09 bounced back II)' !Ii ',\\IT · ! I.Hifi [ilkr' 3) Decreased Cost Per Rider: With reduced hours (costS) and increased Riders. the ('ost Per Rider has fallen the past 3 months from $3.86 (J uI1()()8) to !'dween $:U)7 ( ( kl 2(08) to $3.42 in April 09. (this is mainly due to the Aug 2008 reduced service. ie we ,~Iiminated Sundays. the lowest rider day.) Additional statistics: I) Over all increase in riders of 38 % (36,876) from 2007 to 2008. In 2()()7. we had 95.546 total riders, or 7,962 a month. In 2008, we had 132,422 total riders. or ] 1.035 a month. So far (lan-April 09) we are averaging 11.091 riders per month. 2) Capacity: Currently (April 2009), basically the North Route trolleys are running an AVERAGE 66 % capacity. Sometimes- fhr example at f?am & J 0: J 5 West Bound & 3' 30 or 4: J 5 East Bound- we are full or almost full. (66% capacity represents an avg 20 riders per trip from Marina to Mall. on a 30 passenger trolley). North Route Recommendation: At times, this trolley runs full. Eventually. you might want to consider adding another trolley (3rd trolley)- possibly in Oct 2009- so we can offer better service. Adding another trolley would also increase the pickup times from tri rail. Currently. we meet every other train at tri rail. lfwe add a trolley (#3), we could almost meet every train, Mollv's Trolle~ - (Operators of the Boynton Beach Trolley) Boynton Beach- North Route (BB Mall to Ocean Avenue Via Gateway) Rider Number Comparison 2008 vs 2009 Prepared By: Mollys Trolleys May 29 2009 Operating 7 days a weekf LAST YEAR Jan- Dee 2008 MONTHLY Riders January 08 11,184 February 08 11,550 March 08 11,666 April 08 11,544 May 08 10,728 June 08 10,626 July 08 10,360 August 08 9,292 September 08 10,794 October 08 12,478 November 08 10,433 Dee 08 11,767 08 TOTAL 132,422 2008 AVGfMONTH 11,035 NOTES: Only operating 6 days a weekf THIS YEAR Jan- Dee 2009 MONTHLY Riders January 09 11,273 February 09 10,542 March 09 11,019 April 09 11,531 May 09 June 09 July 09 August 09 September 09 October 09 November 09 Dee 09 09 SUB TOTAL 44,365 2009 AVGfMONTH 11,091 A 2009 08-09 Rider 08-09 % MONTHLY Riders Differencel Difference! OpHrs per Hour NOTES 89 1% 558 20.22 -1,008 -9% 518 20.35 B -647 -6% 563 19.57 -13 0% 563 20.48 C I 1% I Ave/Month IncreasefDecrease 2008 to 2009 Al Notes on Operational Hours Throuah July 2008- we operated 7 days a week Starting in Feb 2008 OPERATIONAL HOURS: Is Hours for the week (120 week + 32 weekend= 152 total) Op Hours per month change based on the number of weeks in a month 12,0 hrs per Trolley 2 Trolleys/Day X 5 Days 8,0 hrs per Trolley 2 TrolleyslDay X 2 Days Weekly Total Startina AUGUST 2008. the North Route only operates 6 days a week Starting in AUGUST 2008 OPERATIONAL HOURS: For the week (112.5 week + 17 weekend= 129.5 total) Op Hours per month change based on the number of weeks in a month Monday - Friday Sat - Sunday 7:15a-7:15p 9:30a-5:30p Monday - Friday 7:15a-6:30p Saturday only 9:20a-5:45p 11,25 hrs per Trolley 2 TrolleyslDay X 5 Days 8,5 hrs per Trolley 2 Trolleys 120 32 152 Weekly Total 112,5 17 129,5 BI Effects of Downturn in Economy? We had our first noticeable decrease in riders on the north route a few months ago, Feb 2009. Although overall RIDERSHIP has increased, riders decreased about 9% when comparing the MONTHS of Feb 08 versus Feb 09. Of course, some of this is because we reduced from 7 days to 6 days in Aug 08 however I bet the other half is due 10 the economy- either reduced work hours, or they are not going to the mall as much to shop. Notice However- the riders per hour still hovers around 20. CI Sub Total as of April 2009. Jan- April 4 month total 2009= 44,365 total riders, Versus Jan- April 2008 subtotal= 45,394= 1,029 decrease, or decrease of 2% (which is relatively FLA Tf not bad when considering the 15% Aug 08 reduction in operating hours and the downturn in economy) Molly's Trolle~ (Operator of the Boynton Beach Trollevsl PH: 561-838-9511 **************************** TO: Vivian Brooks FROM: Molly Stahlman DATF: May 29, 20()C: RE: SOUTH ROUTES (thru Retirement Communities) Rider Numbers Analysis 08- April 09 The first six months of operation (Feb 1 08- Jul 30 OS) , the south route ran as one long routt' and handled an average of 1,684 riders per month or 56 riders per day. Running seven days a week, and long days, the Average Cost Per rider was $27.40. On Aug 2, 2008- we reduced the South Trolley Route hours by 46%. We eliminated weekend (Saturday and Sunday) service and trimmed Weekday service to just daytime (basically 9:30am-4pm). We also split the South Route into 2 routes- South East Route and South West Route, to reduce the actual time riders had to spend riding the trolley. Running only 5 days a week and only during the 9:30-4pm time frame, the Average Cost Per rider hovers between $16-$17 per rider. Boynton SOUTH ROUTE Feb- July 2008 Month # of Riders # of Riders # of Riders I Monthly H~~-r- Ride~;:- Cost Per Day Per Week I Per Mont~~_ Operational_ r.~r Hourt Pe~ Rider, Feb 2008 61 426 ] .767 656 2.69. $24.96 March 2008 63.5 444 1,969--" --656H2.5C; ~ $2i~~-- I __ ,_~_.+__.__ _ A ril2008 52 364 _~____1,561 _--+_ 656 _ 2.38____~ _ $29.23 . Ma 2008 50 ____ 347 -----L----- 1,5~_Lm_ 656 2.35__+_n $30.60 June 2008 59 ____~3___ f ____ 1 )72_ _~_____ 656 L H 2.70 ___+ J25.L~ *F~~IJ~OO:'08 ~~ ~~~ _j_____~:~;~=l--_~-__~;_~:-t-- ~:~~ ,~~~~:~~ * 6 month Average Feb- July 2008, one long route Aug 2, 2008- implemented REDUCED HOURS & South Route broken in to 2 routes- South East Route and South West Route Boynton SOUTH ROUTE AU2ust 2008- April 2009 Month # of # of Riders # Riders : # of Riders TM~nthly r Rider~-, Cost Days Per Day Per Week I Per Month_ I Op Hrs I Per Hou~-+Per Rider AU208** 20 40 200! 802 i 275 ! 2.92 I $24.50 -- -----~____t---__n-- ---ni ------t----------=;------t --$--~~-- Sept 08** 22 40 200, 881 ' 303 , L.91 I ..A.Y:l Oct 08** 23 47.91--- _____)__n i~--- ') _ '-t-----lli----;-- 3.48-\- -$20.51- ~:: g:::;~ ~b ~ =-~~~~~ - ::i ~}m +:::lf~ :-r- 4*-: m~j f-- Jan 09** 21 58 -==- 290 __j:___ 121Z_ _t__~28f~~~I_~~~_4.21__ ,g6.95 Feb 09** 20 __~______ _____ 280____[__ ,.,llL:; ~ _ _ 27~ ___4.0~_ ~12~Z Mar 09** 22 56 ___L___274_ ~___L22~_ __ ~__ ~O~::~ _ __4.05 ~LZ:66 April 09** 22 I 54 .__ L 268 ! _ _Ll7R ,302.5 3.89 'j;18_35 ** The two routes (SE & SW) Combined Continued.." Ouick Analysis of SOUTH ROUTE Information: In Au!! 2008, when we eliminated service by 46 0/0, trolley rider numbers also fell (by 48%). This could be due to the introduction of a new route (to a senior community) plus the SNOW BIRD effect. (The South Route is composed of MAINL Y retirement communities whereas the North Route is composed MAINLY of Working Communities, that are here year long.) However, by October 2008, the riders per day (47.91) had recovered to July 08 numbers (48.26 per day). In addition, due to the reduction in operational hours (cost), the cost per rider decreased from $31.52 per rider in July 08 to $20.51 per rider in October 08 and then fell further to $16-$17 area from December 08- Feb 09 (with 55/60 riders per day). I questioned trolley drivers about the current south routes (2 routes SE and SW). The Drivers felt strongly that the routes are efficient, and their loyal riders enjoyed the shorter trip (versus one long route) very much. Drivers noted that many of the communities- Leisureville, Sterling Village, Colonial Club and Highpoint- did not return until November to their Florida homes. South East Route Versus South West Route: The South East Route travels from Beth. Memorial Hospital to Colonial Club & Sterling Village via Federal and then to the BB Mall/ Target! Walmart via Boynton Town Square and BB Blvd. The South West Route travels from Highpoint- to Beth Mem Hosp- and then thru BB Leisureville and PB Leisureville via 18th Avenue and onto the BB Mall/ Target/ Walmart. Generally, the South East Route averages around 40 riders per day, while the South West Route averages about 20 riders per day. North Route Versus South Routes: The South Route (at 12 months old) carries less passengers than the North Route. However, after 4 years of operation, the North Route is established and mature. If you compared the first 8 months of operation of the North Route with the South Route- and add the retirement community/snow bird effect- the Routes were similar in startup ridership. However, the North Route is composed of a WORKING COMMUNITY-that reside in Florida all year long; where as the South Route targets retirement communities, with many "snow birds" who leave the area for 4-8 months. Of the 2 south routes (South East Versus South West), the South East Route is the more productive route with twice as many riders than the South West Route. If the South West Route was not meeting ridership goals, then adding a third trolley to the North Route (which runs full sometimes) would be positively received by the North Route riders. XI. OLD BUSINESS: B. Budget Discussion 2. Review of Community Care Rollover Allocation from FY 2006/2007 eRA BOARD MEETING OF: June 9, 2009 I I Consent Agenda I X I Old Business I I New Business I I Legal I Other SUBJECT: Status Report - Community Caring Center Rollover Funds from FY 2006-2007 - $200,000 SUMMARY: · In November 2007 the CRA Board allocated $200,000 from rollover funds in FY2006-2007 towards the purchase of a building for the Community Caring Center. · At the August 12,2008 CRA Board Meeting, under Public Comments (see attached), Sherry Johnson, Executive Director of the Community Caring Center suggested the CRA assist the Woman's Circle with part ofthe $200,000. · The Women's Circle has contracted for a property located at 918 SE 4th Street and is scheduled to close on August 22, 2009. The Community Caring Center is negotiating for a property on NE 6th A venue but to date is not under contract. · Florida Statute requires that unexpended funds be "Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation." For the funds allocated to the Community Caring Center building purchase the funds must be used by November 2010. FISCAL IMPACT: $200,000 CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Since the CRA has been holding the $200,000 for almost two fiscal years funds must be expended by Nov. 2010 and the budget revenue decline for FY 2009-2010 is estimated at $1.8 million, staff is recommending the Board consider one of the following two options: T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Community Caring Center.doc ~ ~, ~i, 30YNTOI ~,I C,~"',,.' ~. 3 tAr I"~,,, _ East Side-Wes~ Side-Seas'ld'e Renai~sance Option 1: Allow the continuation of the $200,000 Community Caring Center allocation for a building purchase with a commitment to fully expend the funds. for the designated purpose, by September 30,2009. If the original funding purpose is not met, the Community Caring Center must come back to the CRA Board with a replacement proposal. In any case. the funds must be fully expended by the end of this fIscal year. Option 2: Reallocate the $200,000 to the FY 2009-20 I 0 budget. r) / } / / " ~, ;~( Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\6-9-09 Meeting\Community Caring Center.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON THURSDAY, AUGUST 12, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney (Begin transcription by C. Cherry at 6:30 p.m.) I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Mr. Weiland led 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 Ms. Bright announced a request was made to review the board recommendations made at the budget workshop. This would be heard under Old Business as item A-l. Vice Chair Rodriguez moved up Item E regarding the MLK Corridor Development Agreement, under Old Business to Item A-2 under Old Business. Vice Chair Rodriguez inquired about the cancellation of the September 9, 2008 meeting. There was no need for a second budget hearing. The CRA budget would be approved after the City Commission meeting on September 2, 2008. The CRA September agenda would include regular items and approval of the budget. B. Adoption of Agenda Motion Ms. Ross moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 \1 Announcements & Awards: Mr. Hay announced the Senior Baseball Team beat Hawaii 5,.2 yesterday and were supposed to play the Phillipines but were delayed because of rain. The team was doing well VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting -- July 8, 2008 B. Approval of the Period-Ended July 31, 2008 Financial Report C. Approval of a Commercial Facade Improvement Grant to The Pantry D. Approval of Board Travel to Florida Redevelopment Association (FRA) 2008 Annual Conference - October 21-24, 2008 E. Rescission of Contract with Burkhardt Construction Motion Vice Chair Rodriguez moved to approve the consent agenda. Mr. Hay seconded the motion that unanimously passed. VII. Information Only A. CRA Policing Activity Report for the Month of June 2008 and District Statistics for the Months of June and July 2008 B. Boynton Beach CRA and Trolley Website Updates C. INCA Newsletter D. Boynton Beach Arts Commission Meeting Workshop Minutes - June 14, 2008 E. Boynton Beach Arts Commission Meeting Minutes - June 26, 2008 F. Boynton Beach Arts Commission Meeting Minutes - July 22, 2008 VIII. Pulled Consent Agenda Items: None IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the public comments. ;) Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12,2008 Mack McCray, 806 NW 4th Street, wanted to ensure the HOB budget funds would not be moved to other projects. He explained District II has more blighted areas than any other area of the City. He expressed the CRA was created to eliminate slum and blight and he did not want the members to change what the prior Commission and CRA started. Mark Karageorge, 240A Main Boulevard, commended the board for the Southwest trolley route. He advised he heard great feedback from residents about it from High Point. He advised the CRA had very nice signage at the Gulf Stream Plaza site, which read a Work of Art in Progress. He felt the slogan was appropriate. He announced former CRA Board member, Rev. Lance Chaney had been diagnosed with prostate cancer a few months ago and was successfully treated at John Hopkins. The cancer was eradicated and he was doing well. He requested members keep him in prayer. Lastly, he advised he and another resident had started a Boynton Business Blog a one-way blog site promoting the positive aspects of Boynton Beach from a business, new business development and business expansion perspective. He gave kudos to the board for having construction projects under way when other municipalities did not. Capital projects were underway and Boynton Beach was leading. The site was free to residents and through working with the Chamber of Commerce, there is a link. He expressed it was a good way to get news out to the community. Oda B. Bouie, resident of San Antonio, Texas, was present with her mother Elizabeth Jenkins. She advised last year she was visiting Ms. Jenkins and she assisted her with filing an application for home improvement which she submitted to the CDC. As a follow-up this year, the CDC informed her Ms. Jenkins had to go to the, CRA and the file appeared to be lost. This was upsetting to both Ms. Jenkins and Ms. Bouie because of the confidential information included in the file. She was unsure how to proceed and inquired what needed to be done. Vivian Brooks, CRA Assistant Director, responded and advised she spoke with the CDC about it. Previously the CDC handled those requests for the CRA and Ms. Jenkin's file was submitted during the transition period. It was never forwarded to them. She explained the file had been destroyed and she invited Ms. Jenkins to fill out a new application with the CRA. She apologized for the inconvenience. Mr. Weiland left the dais at 6:44 p.m. and he returned to the dais at 6:45 p.m. A representative from the CDC was not available to address the issue; however Ms. Brooks followed up on the issue and it was an internal issue with the CDC. She explained the amount available for exterior improvements was $20K and if Ms. Jenkins needed more, she should approach the City for Community Improvement funds through Ms. Sherrod. Mr. Hay apologized for the mishap and suggested making a copy of her application in the future. Sherrie Johnson, Executive Director, Community Caring Center, 145 NE 4th Avenue, thanked the CRA for its consideration of the Community Caring Center's request. She congratulated the CRA on what they have accomplished and appreciated the trolley adding a stop at the library. She advised she received many calls from senior citizens who wanted to attend the Green Market. Adding the stop would allow them to do so. She complimented the new amenities added at the marina, such as restrooms and pedestrian walkways and suggested moving the Green Market to that location. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Ms. Johnson requested the CRA create ways to assist the Community Caring Center that did not necessarily require funding. Examples could be a website link, free advertising on the trolley to! a time, and other creative ways to market them and the Green Market. In referring to the CRA budget, Ms. Johnson made reference to a property purchase and the $200K set aside to solve their issues. She suggested if the CRA assisted the Woman's Circle that might put them in a position tD negotiate on a portion of the property they were interested in purchasing. Ms. Johnson said this would solve their problem. Chair Taylor explained in reference to the trolley, the southern route was successful, but because of cost, some of the routes had to be scaled back. They reviewed the item vet'\ carefully. Mack McCray, 806 NW 4th Street, suggested identifying which CDC was referred to 'r reference to Ms. Jenkins, since there was more than one CDC within the City. It was noted the CDC in question was the Boynton Beach Faith Based CDC. He also advised if free advertising would be given on the trolley, he hoped there was something in place so that anyone who had a business in Boynton would also receive free advertising. There being no further comments, Chair Taylor closed the public hearing. X. Public Hearing: None (End transcription by C Cherry at 6:51 p.rn,) XI. Old Business A-I. eRA Board Policy Direction for FY 08-09 Budget (Janet Prainito begins transcription at 6:51 p,rn i At the CRA budget workshop, the board made recommendations to staff to implement c: balanced budget. They brought forward a list of items with only one item missing which was the proposal and request for $1.8 million to purchase the land for the Museum of Lifestyle and Fashion History. The board directed staff to do a boundary amendment, but that funding opportunity had never been discussed. Susan Harris, Finance Director, reviewed the projections based on the differential between what happened in the City as a whole and the CRA assessed valuations. This was elaborated into two different scenarios; one at the suggestion of the City Manager in an e-mail to Ms Bright where he suggested a 6% reduction in assessments for next year. When Vice Chair Rodriguez suggested the reductions could be 12% to 15%, a second scenario was prepared. . Scenario # 1 shows a reduction in assessed valuations in 2009/10 of 6%. In terms of TIF, that computes to $7.6 million in revenue. When looking at the new construction anticipated coming on-board in 2010/11, more than $3 million is !'i Page ~, of 3 Bright, Lisa From: Sent: To: Cc: Bressner, Kurt Tuesday, June 09, 2009 1 :57 PM Hay, Woodrow; Rodriguez, Jose; Ross, Marlene; Taylor, Jerry; Weiland, Ronald Bright, Lisa; Blasie,Scott; LaVerriere, Lori; LeJeune, Carisse; Cherot, James; Greene, Quintus; Immler, Matt; Bergman, Wayne Subject: Cornerstone Update Good afternoon, As a tollow-up to the discussion at the City Commission meeting last Tuesday, I asked staff to tollow-up with building and any code compliance issues. This work is in addition to discussions the CRA staff has had with the developer. Because I noted this item will be on the CRA agenda tonight, I thought this update would be ot assistance. Special thanks goes to Carisse, Scott and his staff and Wayne Bergman's staff tor their tollow-up on this matter. Kurt Bressner -----Original Message----- From: Blasie,Scott Sent: Tuesday, June 09, 2009 12:45 PM To: Bressner, Kurt; LaVerriere, Lori Cc: Springer, Diane; Roy, Pete; Irnrnler, Matt Subject: FW: Cornerstone - Update Kurt/Lori, Ok, here's the latest list of Code related issues at the Preserve as of my visit a few minutes ago with "Tony" the project manager for this site: 1. Tony had a "Red Tag" issued by Building placing Tony on notice the construction area is required to be fenced to prohibit access by the public and/or residents. I was able to get Building to the site to meet with Tony and settle on a workable solution although it will take longer than the 48 hours to complete as required by Building. Tony will obtain bids and have the work done as quickly as possible. Most of the debris on this site belongs to the former construction company and Tony's doing everything possible to take care of that issue. 2. Previously noted pot holes, overgrown grass and trash/debris remain, but will be addressed quickly. 3. I was able to get Tony, Dan and Karl involved in trying to get a Temporary Certificate of Occupancy/Completion for the electronic gate or to have Tony modify the permit plan to omit the construction entrance and follow up on finishing the work with a separate permit. Evidently, the electronic fence gate is tied to the rest of the wall that runs along N.E. 4th Street and Tony can't get a final inspection on the gate until the wall is\ complete. The gate is ready to work, but requires a final inspection. The problem is the missing wall section is their construction entrance. (What can I tell you) Note: Tony reports to "Lenny" and will relay our conversation to him today. 6/9/2009 Page 2 of3 Staff has not cited this project as per previous correspondence and will stcnd down unless directed to do otherwise. This appears to be a fragile situation with respect to the stability of the project and I feel it's in everyone's best :.nterest to do what we can to keep this project moving forward. The project manager (Tony) was put on notice last week and again today with respect to the matters noted above and should have all the above completed within a short time frame. Staff (Pete) will continue to monitor this on a routine (daily) basis and report any proqress to you. Respectfully, Scott Blasie Code Compliance Administrator City of Boynton Beach Police Department (561) 742-6121 (561) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity Please be advised Florida has a broad Public Records Law and all correspondence to me via e-mail may be subject to disclosure. Under Florida Records Law, e-mail addresses are public record. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Springer, Diane Sent: Tuesday, June 09, 2009 11:29 AM To: Blasie,Scott Subject: FW: Cornerstone Diane Springer Code Compliance Coordinator City of Boynton Beach Police Department Code Compliance Division 561-742-6833 561-742-6838 (fax) Please be advised Florida has a broad public records law and all correspondence to me via e-mail may be subject to disclosure. Under Florida records law, e-mail addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Springer, Diane Sent: Wednesday, June 03, 2009 12:54 PM To: LeJeune, Carisse; LaVerriere, Lori; Welsh, Pam Cc: Immler, Matt Subject: FW: Cornerstone Pete Roy just returned from inspecting the property. He found a few potholes and some overgrowth in the common areas. He has a contact at the management company that he has already spoken with. The gate will be activated today. The north qate around the construction area will be closed at night. The construction area has materials that are being actively used. No trash, debris or broke glass was seen. Pete will issue a notice of violation citing LOR Chapter 4 Sec. 2 - site maintenance. 6/9/2009 Page 3 of3 Diane Springer Code Compliance Coordinator City of Boynton Beach Police Department Code Compliance Division 561-742-6833 561-742-6838 (fax) Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (offIce) or (561) 436-2328 (cell) httpj/WWF.Qoypton- beach.org 6/9/2009 Molly's Trollevs (Operator of the Boynton Beach Trolley) PH: (561) 838-9511 FAX: 838-9512 Board of Directors Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 June 8, 2009 To Whom It May Concern: The Trolley Service Agreement dated Oct 30, 2006 between Molly's Trolleys and the Boynton Beach CRA, is a three, three year agreement (9 total years) between parties for trolley service (2 trolleys) from the Boynton Beach Mall! Target / Wal-Mart to Gateway and Tri-rail and then onto living areas on the east side of town, along Federal Highway. This original route is called the NORTH ROUTE. In 2008- on a temporary 19 month trial period- two additional routes (an additional 2 trolleys, one trolley per route) were added south of Boynton Beach Blvd, called the "SOUTH ROUTES." (The most current "SOUTH ROUTE" hours and service description is detailed in the Oct 2008 Trolley Service Modification Agreement.) Per my conversation with Boynton CRA Staff this morning, I wanted to open discussion on two items. Item #1: Elimination of the SOUTH ROUTE. Per our conversation, I understand you wish to immediately end trolley service to the SOUTH ROUTES. Per our conversation we can either continue South Route service thru Sept 30 as contracted (at $19,650 a month * 3 months= $58,950), or we would be amenable to ending service earlier- as of July 3- for a termination fee of $6,000 per month ($6,000 a month * 3 months= $18,000). (Basically the termination fee would "settle up" commitments we made to run the service thru Sept 09) I would request written notice for the early termination of the South Route by June 1 ih 2009 to end service on Friday July 3rd, 2009. Item #2: Altering the 90 day notice of service (for the NORTH ROUTE) Per the Original Trolley Service Agreement dated Oct 30, 2006 (Section 1.2 of Article 1), each party is to provide 90 days notice (meaning July 1 2009) if either party does not want to extend this Agreement beyond the scheduled expiration date (of the fIrst three year term) of Sept 30 2009. Per our conversation this morning, I understand that more time is needed to secure funding sources for the trolley service as well as to evaluate the worth of the NORTH ROUTE in terms of value added to the City of Boynton Beach. This evaluation is to take place in July 2009 with Boynton City Budget meetings in early Aug 2009. Per our conversation, we would be willing to alter the 90 days (July 1 09) notice to 45 days (Aug 15 09) notice as these important issues- including funding! impact on the community/ route changes/ hours etc- are discussed. I look forward to your response to the above two items. Please call me with any questions. Regards, Molly Stahlman, Molly's Trolleys